November 14, 2017, Meeting
MINUTES OF THE
BOARD OF POLICE COMMISSIONERS MEETING
TUESDAY, NOVEMBER 14 , 2017
A meeting of the Board of Police Commissioners of Kansas City, Missouri was held on Tuesday, November 14, 2017, at KCPD East Patrol Division, Gymnasium, 2640 Prospect Avenue, Kansas City.
Commissioner Leland M. Shurin, President
Commissioner Nathan Garrett, Vice-President
Commissioner Don Wagner, Treasurer
Commissioner Mark Tolbert, Member
Mr. David V. Kenner, Secretary/Attorney
Richard C. Smith, Chief of Police
Mayor Sylvester “Sly” James, Jr., Member
This meeting was called to order at 10:01 a.m. by Commissioner Shurin. Mayor James had an excused absence. Major Donna Greenwell and Sergeant Jeff Weiler led the Pledge of Allegiance. Chaplain Kenneth Ray provided the invocation.
1. Awards and Commendations. Board Resolution 17-04 was presented to Deputy Chief David Zimmerman to express the Board of Police Commissioners’ sincere gratitude and genuine appreciation for Deputy Chief Zimmerman’s distinguished and tireless service to KCPD, and for his interim service as the Department’s Chief of Police.
The Board recognized Department employees with 40+ years of service. These members are as follows: Mike Arndt, Steve Barnett, Mary Binder, Carl Brennaman, V.L. Davis, Liz Faron, Clarence Gibson, Mike Harper, Jarrett, Jones, James Komoroski, Mary McCune, Sandra Perkins, Alan Pierce, Mike Russell, Henry Stivers, and Jennifer Van Kirk.
The Special Unit Citation was presented to the Youth Services Unit for their dedication and commitment to the performance of their duties. Officers assigned to the Police Athletic League and D.A.R.E. make up the Youth Services Unit. Despite being down two officers due to staffing reductions, these officers put on an eight-week day camp for nearly 70 urban-core youth this past summer. In addition to the summer camp, these officers coordinated the regular P.A.L. programs, which include boxing, softball, football, dancing, exploring roots, baseball, mountain bike club, and other special events. These officers worked many hours extending past their normal workday all summer long, to form special bonds with the City’s youth.
The Life-Saving Award was presented to Officer Nathan Hurley for his life-sustaining actions on the afternoon of May 25, 2017. In addition to being a police officer, Officer Hurley is also a licensed and registered paramedic. On a call near 24th and Lawndale, Officer Hurley came across a 15-year-old boy that had been shot in the chest. He noticed there was no exit wound, but immediately saw a bulge on the boy’s back that looked like the bulled had passed through the shoulder blade and lodged underneath the skin. Officer Hurley got his first-aid kit and placed a chest seal over the gunshot wound. The ambulance crew arrived on scene, and knowing Officer Hurley’s paramedic background, a KCFD paramedic asked him to start an IV on the boy. A KCFD Division Chief later said that Officer Hurley’s actions saved the boy’s life.
The Meritorious Service Award was presented to Officer Dwight Parker for his long-term commitment and dedication to the KCPD Regional Police Academy. Officer Parker has 30 years of service with KCPD, 23 of them spent at the Academy. Officer Parker is the most tenured member of the Training Division. His first assignment at the Academy was a recruit-training officer. Five years later, he moved into a dual role, training both recruits and veteran members. He worked in this dual role for another ten years before transferring to the Drivers Training Section. Officer Parker trains both new recruits and tenured Department members in this role too. He has had a hand in training about 2,685 recruit officers, not to mention all of the tenured officers through in-service and driver’s training courses. Nearly every officer on the KCPD today, along with many from other area agencies, have gained some of their professional knowledge base from Officer Parker.
The Meritorious Service Award was presented to Officer Michael “Scott” Throckmorton for his long-term commitment and dedication to the KCPD Regional Police Academy. Since joining the Training Unit in 1996, Officer Throckmorton has served a variety of roles, including recruit training, firearms training, defensive tactics and driver’s training. During his time assigned to the Defensive Tactics Section, Officer Throckmorton earned a National Instructor Certification, meaning he had become an expert on everything from teaching basic defensive tactics to certifying instructors to teach others. His current role is split between Driver’s Training and Defensive Tactics. Sergeant Tom Clark said, “Officer Throckmorton is one of the best instructors on staff at the Academy. His manner of giving instruction is easy to absorb, and he is an effective communicator.”
The Board took a recess at 10:18 a.m., and resumed at 10:26 a.m. Commissioner Shurin welcomed the new Commissioners, Mark Tolbert and Don Wagner, to the Board.
2. Councilperson Alissia Canady. Councilperson Canady welcomed the new Commissioners. Councilperson Canady advised that City Council is discussing ways to better public safety, more specifically a plan to vacate the streets/sidewalks in the Westport District. Chief Smith advised that the Department would like to try this approach in an effort to make this major entertainment area a safer place. Councilperson Canady also advised that factors such as dress codes, hours of operation, and hiring off-duty officers versus a private security company are also being discussed. Commissioner Garrett invited Councilperson Canady for additional discussion regarding this topic, outside of the meeting.
Councilperson Canady requested one officer be designated full-time to the OK Program. In response to a question, Councilperson Canady advised that this officer would be responsible for the duties of a school resource officer during school hours, liaison between the child and their parents, a point of contact for the family, and mentor to the child. The position will increase positive relationships between young males and the police. Commissioner Garrett appreciates all of the efforts to increase community policing.
3. City Architect’s Report. Mr. Eric Bosch advised that he and Major Sharon Laningham received an award for their efforts on the East Patrol Division Station and Crime Lab. The award commends the positive impact that these stations are having on their surrounding neighborhoods.
4. Chief Richard C. Smith. Chief Richard Smith introduced Ms. Gina English. Ms. English is a social worker that aids the Central Patrol Division, and provides support and resources to the community. Ms. English advised that beginning in 2016 she began surveying teenagers on the Plaza in an effort resolve the weekend curfew issues. Ms. English teamed up with the City courts to create a court diversion program. This program offered an option for teenagers and their parents to participate in a public safety course, rather than receiving a citation for breaking the curfew ordinance. In addition to teaching the public safety course, Ms. English distributed many informational tools regarding the curfew ordinance. Ms. English also responds to calls for police service, to provide families with resources they may need. Commissioner Garrett thanked Ms. English for her hard work, partnership and dedication to helping the citizens of Kansas City.
5. Public Comments. Ms. Debra Lee, relative of Ryan Stokes, expressed her concern about the KCPD foot pursuit policy in regards to the Stokes case. Ms. Lee also requested that the Department put a policy into place for family members and friends that are grieving a loved one.
Ms. Elizann Davis expressed her concern with the way she was treated by officers during her interaction with KCPD on September 9, 2017. Ms. Davis requested that officers take their time during investigations and respect the community members they interact with.
6. KC Stat Presentation. Ms. Katie Bender, City Manager’s Office of Performance Management, spoke about the KC Stat Program. Ms. Bender provided the Board with the history of the KC Stat program. Ms. Bender advised that in 2014, KC Stat aligned with the City-wide Business Plan, a financial plan for the City. The following goals were created: Housing, Neighborhoods and Healthy Communities, Infrastructure and Transportation, Planning, Zoning and Economic Development, Public Safety, Customer Service and Communication, and Finance and Governance. Meetings are held monthly to focus on opportunities to address City goals by working together. Ms. Bender provided the Board with KC Stat’s Public Safety objectives and strategies. The Board had questions regarding the objectives that KC Stat has for the Department. The Board will review these objectives and discuss them at a later date.
7. Approval of minutes. A motion was made by Commissioner Wagner, with a second by Commissioner Garrett, to approve the minutes of the open meeting on October 10, 2017. The vote was 4-0 in favor.
8. Executive Services Bureau. Deputy Chief Patty Higgins presented the following items for Board approval:
a. Supplemental Appropriations for Fiscal Year 2017-18. A memorandum dated November 2, 2017, was presented to recommend acceptance of $125,000 from the City of Kansas City, Missouri, in the form of supplemental appropriations to acquire ballistic helmets.
A motion was made by Commissioner Garrett, with a second by Commissioner Tolbert, to accept the $125,000 to acquire ballistic helmets. The vote was 4-0 in favor.
b. Budget Transfers for Fiscal Year 2017-18. A memorandum dated November 3, 2017, was presented to recommend approval of budget transfers. This budget transfer will affect the General Fund, Police Drug Enforcement Fund, and the Police Grants Fund.
A motion was made by Commissioner Garrett, with a second by Commissioner Wagner, to approve the budget transfers as presented. The vote was 4-0 in favor.
c. RFP 2014-1: Installation of Law Enforcement Emergency Equipment. A memorandum dated November 1, 2017, was presented to recommend the approval of a one-year sole-source contract with KA-Comm, to provide installation of Law Enforcement Equipment. The total anticipated expenditure is $150,000.
A motion was made by Commissioner Tolbert, with a second by Commissioner Garrett, to approve the one-year sole-source contract with KA-Comm at a total anticipated expenditure of $150,000. The vote was 4-0 in favor.
d. Level IIIA Ballistic Helmets. A memorandum dated October 30, 2017, was presented to recommend the approval for purchase of police Level IIIA Ballistic Helmets, provided by Ed Roehr Public Safety via State of Missouri contract. The total anticipated expenditure is $308,269.36. The expense will be split between committed funds from the City ($125,000.00), the Kansas City Police Foundation ($114,000.00), and the KCPD ($70,000.00). Deputy Chief Higgins displayed the Level IIIA Ballistic Helmet.
A motion was made by Commissioner Garrett, with a second by Commissioner Tolbert, to approve the purchase of Level IIIA Ballistic Helmets at a total anticipated expenditure of $308,269.36. The vote was 4-0 in favor. The Board thanked the Police Foundation for their donation.
e. FY16 National Crime Gun Intelligence Initiative Award 2017-DB-BX-2623. A memorandum dated October 25, 2017, was presented to recommend acceptance of the FY16 National Crime Gun Intelligence Initiative Award 2017-DB-BX-2623 in the amount of $1,000,000.00. The award period is October 10, 2017 through September 30, 2019, and is 100% federally funded. This is the first year of funding, and the grant provides funding for personnel and overtime expenses for one detective, one inventory specialist and one forensic specialist; contractual funding for an academic research partner, training and travel, technology and equipment to include one vehicle.
A motion was made by Commissioner Tolbert, with a second by Commissioner Garrett, to accept the FY16 National Crime Gun Intelligence Initiative Award 2017-DB-BX-2623 in the amount of $1,000,000.00. The vote was 4-0 in favor.
f. 2017 DNA Laboratory Efficiency Improvement and Capacity Enhancement Program Award 2017-DN-BX-0192. A memorandum dated October 10, 2017, was presented to recommend acceptance of the 2017 DNA Laboratory Efficiency Improvement and Capacity Enhancement Program Award 2017-DN-BX-0192 in the amount of $204,351.00. The grant period for this award is January 1, 2018 through December 31, 2020, and is 100% federally funded. This is the first year of funding for this grant, and the grant provides funding for salary and benefits for Biology and Latent Print staff.
A motion was made by Commissioner Garrett, with a second by Commissioner Wagner, to accept the 2017 DNA Laboratory Efficiency Improvement and Capacity Enhancement Program Award 2017-DN-BX-0192 in the amount of $204,351.00. The vote was 4-0 in favor.
g. 2017 DNA Backlog Reduction Program Award 2017-DN-BX-0068. A memorandum dated October 10, 2017, was presented to recommend the acceptance of the 2017 DNA Backlog Reduction Program Award 2017-DN-BX-0068 in the amount of $340,987.00. The grant period for this award is January 1, 2018 through December 31, 2019, and is 100% federally funded. This is the fifteenth year of funding for this grant. The grant provides salary and benefits for four forensic specialists.
A motion was made by Commissioner Shurin, with a second by Commissioner Wagner, to accept the 2017 DNA Backlog Reduction Program Award 2017-DN-BX-0068 in the amount of $340,987.00. The vote was 4-0 in favor.
h. Communication Unit Update. Deputy Chief Higgins provided an update on the Communications Unit. She advised that year-to-date, there have been a total 1,033,103 911 calls. This number has increased by eight percent since 2016. The Communications Unit currently has 93 budgeted staffing positions, with only 85 of those positions filled. Of those 85 members, 19 of them are currently in various stages of training. The next call taker class will begin on November 27, 2017. Deputy Chief Higgins advised 14,491 hours of overtime have been worked, equating to 11 full time employees. She also advised that there have been 119 applicants in the Communications Unit hiring process since June 24, 2017. Computerized Voice Stress Analysis was implemented on August 23, 2017, to shorten the time it takes to process applicants. There have been 31 applicants processed utilizing CVSA. Commissioner Shurin requested that this information be provided to the Board in writing. Deputy Chief Higgins stated that in the 2018-2019 KCPD budget submission, the Department submitted a decision package requesting funding for 21 Communications Specialists. This request is based upon APCO Retains Comprehensive Formula for staffing dispatch centers.
i. Fleet Operations Unit Take-Home Vehicle Report. Deputy Chief Higgins provided an update on the Fleet Operations Unit Take-Home Vehicle Report. In April 2016, the City Auditor’s Office conducted an audit regarding police take-home vehicles. The City Auditor made several recommendations.
The first recommendation is that the Chief of Police should determine and report the cost of the take-home vehicle program to the Board. Deputy Chief Higgins advised that the most significant vehicle cost to the Department’s fleet is the purchase of the police vehicles and the equipment in the vehicles, which is not impacted by take-home status. There are also no commuter costs to and from work for law enforcement as recognized by the IRS. The operating cost for a district car is 32 cents per mile. The operating cost for a take-home vehicle is 18 cents per mile. This cost was determined by a sampling of cars from both categories, calculating the miles driven, reviewing work orders and associated costs, and determining fuel consumption.
The City Auditor also recommended that the Chief of Police should track costs associated with accidents, damages, injuries, and claims related to the off-duty use of take-home vehicles and include these costs when annually reporting the program’s costs. Deputy Chief Higgins advised that from September 2016 through September 2017, there were 29 accidents involving off-duty take-home vehicles. The damage total estimate to the Department’s fleet is $36,289.88. The Department’s at-fault payout totaled $5,205.24. The amount re-couped by the Department totaled $3,262.77. In three of the reported accidents there were injuries, such as one minor injury to an officer, one minor injury to a passenger, and one serious injury to the driver of the other vehicle.
The City Auditor recommended that the Chief of Police should evaluate the use of mileage reimbursements and car allowances in lieu of providing a take-home vehicle for some civilian employees. Deputy Chief Higgins advised that this is an item for negotiation in the future Collective Bargaining Agreement with civilian members.
Another recommendation was that the Chief of Police should evaluate prohibiting transporting non-employees in the take-home vehicles for non-business reasons. Deputy Chief Higgins advised that this issue does not affect the function of the Fleet Operations Unit. There has been no cost, and the benefit is quick response time and high visibility. It is acknowledged that there is a potential liability.
As a result of the audit, the number of off-duty contacts while operating a take-home vehicle was conducted. From September 2016 through September 2017, there were a total of 250 contacts. These contacts include off-duty interactions such as assisting a citizen involved in an accident, giving a citizen directions to a location in the City, or assisting another officer in need.
In response to a question from Secretary Kenner, Deputy Chief Higgins acknowledged that the Department does not keep track of the number of miles each officer or employee uses in a Department vehicle while off-duty. Thus, the actual cost of such take-home vehicles is unknown.
9. Professional Development and Research Bureau. Major Scott Caron spoke for Deputy Chief Bob Kuehl in his absence. Major Caron presented the Academy Class Summary for November 2017. He advised that the 161st Entrant Officer Class will graduate on January 11, 2018, and has a total of 22 KCPD recruits. The 162nd Entrant Officer Class will graduate on May 17, 2018, and has a total of 31 KCPD recruits. A class of lateral transfers, consisting of ten former Raytown officers and one former Prairie Village officer, will complete their training and hit the streets by January 12, 2018.
10. Investigations Bureau. Deputy Chief Cheryl Rose presented the Board with the Investigations Bureau reports for October 2017. Deputy Chief Rose advised that to-date in 2017, there have been 130 homicides, compared to 110 at this time last year. She advised that the number of drive-by shootings per month is decreasing. To-date in 2017, there have been 392 drive-by shootings. Deputy Chief Rose advised the Department and the City have been surveying the violent crimes in neighborhoods of the Ruskin area. They held a community event to talk with Ruskin community members, and provided them with information and resources for the violent crime happening in their neighborhoods. She advised that they continue to focus on decreasing the violent crime in this area and throughout the City, and discussed the homicide clearance rate locally compared to the national average of 60%. Deputy Chief Rose advised that the Crimestoppers TIPS Hotline reward has recently increased from $2,000 to $5,000. The Department is hopeful that the reward increase will bring in more tips to aid investigations and solve crimes.
11. Administration Bureau. Deputy Chief Karl Oakman presented the Regional Criminalistics Division monthly statistics for November 2017. Deputy Chief Oakman presented the OneIT Initiative Memorandum of Understanding between the Department and the City. This MOU is for the joint coordination of information technology resources including but not limited to: common services, maintenance, hardware, software, and training utilized by the City and the Department.
A motion was made by Commissioner Tolbert, with a second by Commissioner Garrett, to approve the OneIT Initiative MOU with the City of Kansas City, Missouri. The vote was 4-0 in favor. A motion was later made by Commissioner Garrett, with a second by Commissioner Tolbert, to set aside the approval of the MOU. The vote was set aside because of a labor issue raised by FOP Sergeant Brad Lemon, regarding Department personnel. The Board requested that Section 6 of the MOU, regarding Department personnel, be reviewed with labor. The vote was 4-0 in favor.
12. Patrol Bureau. Deputy Chief David Zimmerman presented the Monthly Offense Summary dated September 2017. Deputy Chief Zimmerman stated that Part I crimes and Part I violent crimes throughout the City are decreasing.
Deputy Chief Zimmerman presented the Traffic Summary for the month of October 2017. Deputy Chief Zimmerman advised there have been 85 fatalities to date this year, there were 62 at this time last year. He advised that the common factor in fatality accidents is high speed driving.
13. Office of General Counsel. Associate General Counsel Jamie Cook spoke for General Counsel Virginia Murray in her absence. Associate General Counsel Cook stated she had nothing for discussion at this time.
14. Private Officer Licensing Unit. Major Helen Burke presented the following Private Officer License appeal:
a. Private Officer License Appeal, Mr. Tyrone W. Fernandez. A memorandum dated October 3, 2017, recommended the denial of the armed private security license of Mr. Tyrone W. Fernandez. The basis for the denial is outlined in Title 17 of the Code of State Regulations, Section 10-2.050(3)(H), which stipulates, the qualifications for a private security license and states that an applicant must “Be of good moral character by having no felony convictions, misdemeanor convictions, or city ordinance convictions, which have an essential element fraud, dishonesty, an act of violence, bribery, illegal drug use, sexual misconduct, and other similar acts constituting moral turpitude as defined by the common law of Missouri except that city ordinance convictions involving driving while intoxicated or driving under the influence of alcohol or drugs will be considered on a case-by-case basis.” The basis for Mr. Fernandez’s denial was his misdemeanor conviction for Resisting Arrest on January 15, 2016, in Kansas City, Kansas.
A motion was made by Commissioner Garrett, with a second by Commissioner Tolbert, to table the appeal for further discussion next month. The Board invited Mr. Fernandez to come to the meeting on December 12, 2017, to discuss his appeal. The vote was 4-0 in favor.
15. Human Resources. Director Meredith Rund presented the Personnel Summary dated November 3, 2017. For this time period, Department strength is 1,299 law enforcement and 520 civilians.
In response to a question, Deputy Chief Oakman stated that recruitment efforts have increased. The Department has become more visible in colleges and career centers, such as Manual Career and Technical Center. Deputy Oakman advised that next month, the Administration Bureau will report on recruiting efforts, and more specifically recruiting minorities.
16. Office of Community Complaints. Civilian Karen Williams spoke about the National Association for Civilian Oversight of Law Enforcement (NACOLE). Civilian Williams invited the Board to attend the 2018 NACOLE Conference on September 30, 2018 – October 4, 2018, in St. Petersburg, Florida.
17. Fraternal Order of Police Lodge No. 99. Sergeant Brad Lemon advised the FOP supports the street/sidewalk vacation that was mentioned earlier in the meeting by Councilperson Canady. He believes the issue of guns and alcohol, especially in entertainment districts, needs to be discussed immediately. Sergeant Lemon spoke about the Regional Police Memorial. He advised that many people and organizations throughout the Metropolitan area support this budgeted $3,000,000 Memorial project. Sergeant Lemon spoke about the various holiday programs and donations that the FOP sponsors. The FOP will provide numerous gifts and meals to families in need around the community during the holiday season.
Sergeant Lemon raised concerns about the earlier approved OneIT Initiative MOU. Language used in the MOU, specifically in Section 6 regarding Department personnel, was not discussed with labor. Sergeant Lemon requested that the MOU be reviewed, to include input from the FOP. A motion was made by Commissioner Garrett, with a second by Commissioner Tolbert, to set aside the approval of the MOU. The MOU will be revised and voted on at a later date. The vote was 4-0 in favor.
18. Scheduled meetings.
The Board of Police Commissioners of Kansas City, Missouri has scheduled the following meetings:
December 12, 2017, 10:00 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
January 23, 2018, 10:00 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
February 13, 2018, 10:00 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
March 20, 2018, 10:00 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
April 10, 2018, 10:00 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
May 8, 2018, 10:00 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
June 12, 2018, 10:00 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
19. Secretary/Attorney David Kenner. A motion was made by Commissioner Shurin, with a second by Commissioner Tolbert, to elect Commissioner Don Wagner as Treasurer of the Board of Police Commissioners of Kansas City, Missouri. The vote was 4-0 in favor.
A motion was made by Commissioner Garrett, with a second by Commissioner Tolbert, and by vote indicated below, to adjourn its open meeting at 1:15 p.m. and reconvene in closed session as provided in the following resolution. Following a roll call, the vote was 4-0 in favor.
WHEREAS, notice of the board meeting of the Board of Police Commissioners was given on October 20, 2016, and
WHEREAS, said notice indicated that the Board of Police Commissioners might go into closed session during said meeting, and
WHEREAS, notice of the closed meeting follows the guidelines of Section 610.020 of the Revised Statutes of Missouri.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Police Commissioners go into closed session during the meeting being held on Tuesday, November 14, 2017, at KCPD East Patrol Division, 2640 Prospect Avenue, Kansas City, for the purpose of discussing personnel matters, labor negotiations, and litigation matters.
The following Commissioners were present and voted to go into closed session as follows:
Commissioner Mark Tolbert – Aye
Commissioner Don Wagner – Aye
Commissioner Nathan Garrett – Aye
Commissioner Leland M. Shurin – Aye
There being a quorum present and the question of holding a closed session having received an affirmative public vote of at least three (3) members, a closed meeting was held as set forth above.
Below are the votes from the closed session of the Board of Police Commissioners meeting on November 14, 2017:
Mayor James had an excused absence.
1) Following a motion by Commissioner Garrett, with a second by Commissioner Tolbert, the Board voted to approve the applications for continued employment of Police Officer Mitchell Branch and Major Wayne Stewart. The vote was 4-0 in favor. Following polling, Commissioner Tolbert voted aye, Commissioner Wagner voted aye, Commissioner Garrett voted aye, and Commissioner Shurin voted aye.
2) Following a motion by Commissioner Garrett, with a second by Commissioner Shurin, the Board voted to approve the minutes of the closed session of the Board of Police Commissioners on October 10, 2017. The vote was 4-0 in favor. Following polling, Commissioner Tolbert voted aye, Commissioner Wagner voted aye, Commissioner Garrett voted aye, and Commissioner Shurin voted aye.
3) Following a motion by Commissioner Garrett, with a second by Commissioner Tolbert, the Board voted to come out of closed session and adjourn. The vote was 4-0 in favor. Following polling, Commissioner Tolbert voted aye, Commissioner Wagner voted aye, Commissioner Garrett voted aye, and Commissioner Shurin voted aye.
The Board adjourned at 1:55 p.m.
Board of Police Commissioner Minutes