November 15, 2016, Meeting
MINUTES OF THE
BOARD OF POLICE COMMISSIONERS MEETING
TUESDAY, NOVEMBER 15, 2016
A meeting of the Board of Police Commissioners of Kansas City, Missouri was held on Tuesday, November 15, 2016, at KCPD Headquarters, Community Room, Kansas City.
Commissioner Michael C. Rader, President
Commissioner Leland M. Shurin, Vice President
Commissioner Angela Wasson-Hunt, Treasurer
Commissioner Alvin Brooks, Member
Mayor Sylvester “Sly” James, Jr., Member
Mr. David V. Kenner, Secretary/Attorney
Darryl Forté, Chief of Police
This meeting was called to order at 10:08 a.m. by Commissioner Rader. Police Chaplain Bilal Muhammad provided the invocation.
1. Awards and Commendations.
The Certificate of Appreciation was presented to Ms. Michelle Shanahan DeMoss and Mr. Brian DeMoss for their outstanding assistance to the KCPD. Brian and Michelle DeMoss, parents of an 11-year old who was killed by a stray bullet five years ago on July 4th, joined officers this past July 4th going door-to-door to spread the word on the dangers of celebratory gunfire. The bullet that hit their daughter, traveled the distance of three football fields before striking her. Using ShotSpotter technology, KCPD identified addresses and neighborhoods where people engaged in celebratory gunfire on July 3-5th last year. Once identified, Michelle and Brian DeMoss joined several officers and sergeants and went door-to-door asking those residents to spare other families the grief of what they had to endure. They distributed information, educated citizens and asked them to report any celebratory gunfire.
The Lifesaving Award was presented to Officer Henry Nokes for his critical actions in a life-or-death situation. Officer Nokes was traveling north on N. Brighton near N.E. 54th Street at about 3:30 a.m. in August when he came upon a car stopped in the middle of the street and a woman pounding on the chest of the man in the driver’s seat. Officer Nokes immediately pulled over and pulled the slumped-over, unresponsive man out of the car and onto the ground. Officer Nokes ordered EMS and began CPR on the man. Once EMS arrived they took over CPR and gave the man a Narcan shot. The man began breathing on his own and became responsive. Ambulance personnel said the man was fortunate that Officer Nokes was there to begin CPR.
The Meritorious Service Award was presented to Officer Michael Huth for his exemplary, continuous, long-term professionalism. Officer Huth, who has been with the police department for 21 years, has trained 1,069 entrant officers that have encompassed 32 recruit classes, along with all lateral transfers and detention facility officers. He is also responsible for coordinating and running the physical training and defensive tactics class for department members’ in-service. In addition, Officer Huth writes and teaches the courses. He is a Cooper Institute Physical Fitness Specialist, a certified CrossFit trainer, certified Yoga instructor and the current president of the National Law Enforcement Training Center.
The Meritorious Service Award was presented to Paralegal Assistant Melissa Luster for her successful development of an administrative task in which she displayed exceptional initiative, tenacity and expertise. In late 2011, Paralegal Melissa Luster began a dedicated effort to collect money owed to the police department for damaged vehicles. Ms. Luster began filing civil lawsuits in the Associate Circuit Court and Small Claims Court of Jackson County to collect the money owed to the department. Ms. Luster negotiates settlements and works hard to strike a fair deal to both the department and the at-fault driver. In 2015, the department collected a total of $177,236, which was a $60,000 increase from the previous year. As of June 30, 2016, Ms. Luster had already collected $112,716; a record-setting pace.
Mr. David Bernal with the Society of Former Special Agents of the FBI presented the Appreciation Certificate to the following department members for their contribution and participation at the conference held on August 27, 2016, at Union Station:
Chief Darryl Forté
Deputy Chief Robert Kuehl
Captain Christopher Sicoli
Sergeant Everett Babcock
Sergeant Eben Hall
Sergeant Anthony Hernandez
Sergeant Joey Roberts
Sergeant Anthony Sanders
Sergeant Nathan Simecek
Detective Timothy R. (Ryan) Taylor
Officer Thomas Bethel
Officer Anthony Contreras
Officer Zakary Glidewell
Officer David Hoffman
Officer John King
Officer Thomas Komoroski
Officer Jacob Ramsey
Officer Mathew Stillman
Officer Carter Truax
Officer Michael True
Officer Josh Zeplin
Supervisor Kathryn Childs
Public Relations Specialist Pamela Woodley
Retired Detective Clarence Gibson
In addition, Captain Chris Sicoli introduced a video entitled, FBI-KCPD History, which was created by the Kansas City Police Historical Society, and produced by Public Relations Specialist Pamela Woodley. The video commemorated the Union Station Massacre that occurred on June 17, 1933. Captain Sicoli said the massacre was the seminal event that lead to the creation of the modern FBI and brought needed reform to the KCPD.
The Board took a recess at 10:31 a.m. and resumed at 10:43 a.m.
2. Mr. Jim Pyle, KCPERS. Mr. Jim Pyle with the police and civilian retirement systems of KCPD, presented the actuarial evaluation. Mr. Pyle advised that a yearly review of the retirement systems is conducted by auditors as well as actuaries to determine how well the system is progressing to becoming 100 percent funded. Mr. Pyle said this study helps KCPERS to determine what steps are needed to improve the funded ratio and the solvency of the plan. It also helps with budgeting at the City level. Mr. Pyle listed the amount of assets and liabilities for the sworn and civilian pension plans, along with the funded ratios. Currently, the sworn pension plan has a funded ratio of 76 percent and the civilian pension plan has a funded ratio of 79 percent. The goal is 80 percent. These ratios put KCPERS in the middle of the pack nationally. The bottom line is that KCPERS is not in trouble.
Mr. Pyle said that currently the returns for the police system are 7.42 percent, and for the civilian system it is 7.36 percent. Since 1974, the average return per year has been 9.3 percent. The plans are managed conservatively (both investments and assumptions) with 78 percent of the money paid to members coming from investments (approximately 30 percent in fixed income, 30 percent in equities, and 30 percent in alternative investments, including real estate).
Mr. Pyle said the active membership has declined for law enforcement as well as civilians. Also, payroll has declined. He said the number of retirees has increased more so in the civilian plan than in the police plan. Officers contribute 11.55 percent of their salary into the pension plan and civilians contribute 5 percent of their salary into the pension plan. Officers, however, do not participate in social security, whereas civilians do.
Mayor James asked for the percentage of assets that are managed by diverse asset managers. Mr. Pyle said he would get that information for him.
Mr. Pyle explained the formula used to determine how much a retiree gets for retirement.
3. Councilperson Alissa Canady. Councilperson Canady said there have been a series of issues on the trail systems that have been responded to by KCPD. Ms. Canady said the City has invested millions of dollars in our citywide trail system and these recent incidents have created the need to be more proactive when it comes to the safety of residents using the trail system. Ms. Canady said that obviously, the City encourages more people to use the trail system to provide safety in numbers. SPD put officers on ATV’s to patrol the trail system, and to address some homeless camps in the area of the trails. Ms. Canady thanks KCPD for being responsive and addressing those issues.
Ms. Canady expressed her concern about the amount of violence that occurred in Kansas City last weekend. She said it caused her to view the homicides with a different perspective. She said that she realized that much of the violence is “inter-family” violence. Police and policymakers can have very little influence on this type of crime. Ms. Canady said these are societal issues and are not as isolated as in previous years. She said the community needs to take ownership of these issues.
Ms. Canady also discussed the unrest due to the political outcomes. Members of the community have told her to make sure they have the right to peacefully protest, and to help create a safe environment for that to occur. She emphasized the need for access to the OCC on the police department’s website.
Commissioner Brooks commented on the three issues that Ms. Canady discussed.
4. Chief Darryl Forté. Deputy Chief David Zimmerman spoke for the Chief in his absence and said he had nothing for general discussion at this time.
5. City Architect’s report. Mr. Eric Bosch said that recently the renovations of the headquarters building won the top honor at an award ceremony held by the Kansas City Chapter of the American Institute of Architects. One KCCAIA panel member commented that it was the best example of a civic project the member had ever seen.
6. Approval of minutes. Commissioner Wasson-Hunt asked that a minor revision be made to page 11, of the October 11, 2016, open Board meeting.
A motion was made by Commissioner Wasson-Hunt with a second by Commissioner Brooks to approve the minutes of the October 11, 2016, open Board meeting as amended. The vote was 5-0 in favor.
7. Executive Services Bureau. Deputy Chief Patty Higgins presented the following items for Board approval:
a. COBAN Titan in-car video systems. A memorandum dated November 1, 2016, was presented to recommend approval for the sole source purchase of 25 Titan video systems from COBAN Technologies for an anticipated total expenditure of $221,250.
A motion was made by Commissioner Brooks, with a second by Mayor James to approve the purchase of in-car video systems from COBAN for the anticipated expenditure of $221,250. The vote was 5-0 in favor.
b. Bid No. 2017-3, new 2017 model year Ford police pursuit vehicles. A memorandum dated November 3, 2016, was presented to recommend approval to purchase 28 new 2017 model year police SUV’s at a cost of $26,933 each for a total expenditure of $754,124, from Shawnee Mission Ford. Commissioner Brooks inquired as to why there were only three bids submitted. Deputy Chief Higgins said it is her belief that other companies know that they cannot offer a competitive price and because of this they do not submit a bid for consideration.
A motion was made by Commissioner Wasson-Hunt, with a second by Commissioner Shurin to purchase 28 SUV’s from Shawnee Mission Ford for a total expenditure of $754,124. The vote was 5-0 in favor.
c. Modification of the HIDTA grant, G16MW0005A. A memorandum dated November 1, 2016, was presented to recommend acceptance of a modification from Midwest HIDTA in the amount of $27,920.16 for the purchase of investigative services. This modification increases the total award to $1,033,335.16, with a portion going to the Task Force and a portion going to the Street Crimes Unit.
A motion was made by Commissioner Brooks, with a second by Commissioner Wasson-Hunt to accept the Midwest HIDTA grant modification in the amount of $27,920.16. The vote was 5-0 in favor.
d. Arts Tech Byrne JAG 15-17 agreement. A memorandum dated October 20, 2016, was presented to recommend acceptance of this agreement. This agreement is for the period of December 1, 2016 through September 30, 2018, with a maximum disbursement to Arts Tech of $129,592. This will provide the salary and fringe benefits to KC NoVA case managers.
A motion was made by Commissioner Rader, with a second by Mayor James to accept the Arts Tech agreement in the amount of $129,592. The vote was 5-0 in favor.
e. Arts Tech Byrne JAG 14-16 agreement modification and extension. A memorandum dated October 21, 2016, was presented to recommend approval of the modification and extension of the Arts Tech JAG 14-16 agreement. The modification will extend the grant expiration date from December 31, 2016 to January 31, 2017, and will increase the disbursements from the KCPD to Arts Tech by $5,864.21. The modification will set the maximum disbursement to Arts Tech at $149,571.
A motion was made by Mayor James, with a second by Commissioner Rader to accept the modification and extension of the Arts Tech agreement which will increase the disbursement by $5,864.21. The vote was 5-0 in favor.
f. Smart Policing Initiative grant, FY 2016-19. A memorandum dated October 31, 2016, was presented to recommend acceptance of the FY 2016-19 Smart Policing Initiative grant award in the amount of $700,000. The grant period is from October 1, 2016 through September 30, 2019. The grant provides funding for salary, overtime and travel for the NoVA project.
A motion was made by Mayor James, with a second by Commissioner Wasson-Hunt to accept the Smart Policing Initiative grant in the amount of $700,000. The vote was 5-0 in favor.
g. Adjustments to special revenue accounts for FY 2016-17. A memorandum dated November 3, 2016, was presented to recommend approval for adjustments to the special revenue accounts in the amount of $250.
A motion was made by Commissioner Shurin, with a second by Mayor James to approve adjustments to special revenue accounts in the amount of $250 as presented. The vote was 5-0 in favor.
h. Budget transfers for FY 2016-17. A memorandum dated November 4, 2016, 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 Wasson-Hunt, with a second by Mayor James to approve the budget transfers as presented. The vote was 5-0 in favor.
i. Supplemental Appropriations for Fiscal Year 2016-2017. A memorandum dated October 21, 2016, was submitted to recommend acceptance of supplemental appropriations from the City in the amount of $150,000.
A motion was made by Mayor James and a second by Commissioner Brooks to approve the supplemental appropriations in the amount of $150,000. The vote was 5-0 in favor.
8. Professional Development and Research Bureau.
Deputy Chief Bob Kuehl presented the Basic Training Class Summary for November 2016.
Deputy Chief Kuehl requested Board approval for the following consent agenda items:
a. Project #965, Procedural Instruction, Firearms Procedures
b. Project #897, Personnel Policy, Deferred Compensation
c. Project #909, Procedural Instruction, Adult Missing Persons
d. Project #946, Personnel Policy, Claims for Damage to Personal Property.
e. Project #782, rescinding Personnel Policy 940-1, and reinstating Personnel Policy 940 effective 12/04/12.
With regard to item e. above, Commissioner Rader said that PPBM 940-1 will be rescinded and replaced with the previously issued PPBM 940 that became effective on December 4, 2012.
A motion was made by Commissioner Rader and a second by Commissioner Brooks to approve the consent agenda items. The vote was 5-0 in favor.
9. Investigations Bureau.
Deputy Chief Cheryl Rose said that to-date 2016, there have been 107 homicides compared to 91 in 2015.
Commissioner Rader had a question about the number of cases submitted to the prosecutor. He said the numbers have increased in 2016, almost double from 2015. Deputy Chief Rose said there was a backlog of drug possession cases and steps were put into place to address the backlog. In addition, prosecutors are now accepting cases without lab analysis because many of them will plead out. In addition, she said the use of Trunarc handheld narcotics identification device, has provided presumptive tests on narcotics that the prosecutor will accept. Deputy Chief Rose said the numbers should begin to even out again.
Deputy Chief Rose addressed the three questions that Mayor James had at last month’s police board meeting. With regard to the reducing gun violence, without additional personnel, Deputy Chief Rose said that the police department applied for a grant with the Department of Justice for the Crime Gun Intelligence Center, which is a partnership with the ATF. The grant would have allowed the lab to enter gun casing information into the nationwide NIBIN system. Unfortunately, the police department was not awarded the grant. Instead, four KCPD members are dedicated to the Crime Gun Intelligence Center, and these personnel will be trained to investigate the leads that are generated by NIBIN.
With regard to the Violent Crime Enforcement Division, Deputy Chief Rose said the police department will dedicate one of our detectives to join the FBI’s Violent Gang Task Force, which works closely with KC NoVA.
Deputy Chief Rose said that recently U.S. Attorney Tammy Dickinson, invited KCPD to attend the Office of Justice Programs 21st Century Violence Reduction Strategy Symposium which will be held in Phoenix, Arizona, this December. Deputy Chief Rose said that KCPD will be grouped with Memphis, Atlanta, Baltimore, and Stockton, and will have the opportunity to attend breakout sessions on community policing as a prevention tool, enhancing crime analytics, and problem solving courts. Deputy Chief Rose looks forward to working with the other agencies to see what has and has not worked in their communities. Deputy Chief Rose said she will send information to the Board about the upcoming symposium.
Commissioner Wasson-Hunt asked if there will be any focus on drive-by shootings. Deputy Chief Rose said yes.
Deputy Chief Rose said that with the new Missouri gun laws taking effect in January 2017, she would like to see a media push for responsible gun ownership and safety. She said this would be more for the adults than for children because adults are ultimately responsible for the firearms.
Mayor James discussed the yearlong commitment by KSHB channel 41, to broadcast a series of anti-violence public service announcements. The first one was filmed yesterday. He suggested that Deputy Chief Rose contact KSHB to see if they would join in this effort.
Commissioner Brooks said that for some of the young people in the African American community, owning a gun and even being shot is viewed as a status symbol.
Mayor James thanked Deputy Chief Rose for following up on his questions. He said he appreciates her work with KC NoVA and he is looking forward to hearing the outcome of the symposium.
Another question Mayor James had last month was whether or not Compstat (a combination of management, philosophy, and organizational management tools for police departments) is effective at reducing violence. Deputy Chief Rose said that the overall feeling is that it has had a positive impact on crime reduction. She said it has proven effective in New York City. The forced accountability helps, and may lead to about a 13-17 percent reduction in criminal activity.
10. Administration Bureau. Deputy Chief Hundley presented the Regional Criminalistics Division monthly statistics for November 2016. Commissioner Shurin inquired about the increase in the backlog. Director Netzel said there has been an increase of requests for analysis and nearly six weeks of downtime for the move from the Troost facility into the new lab.
11. Patrol Bureau. Deputy Chief David Zimmerman presented the monthly crime summary dated September 2016.
Deputy Chief Zimmerman said that there has been a significant increase in aggravated assaults which is no surprise due to the increase in homicides. Deputy Chief Zimmerman said that he and Deputy Chief Rose have begun a neighborhood saturation program where investigators will return to the neighborhood where a violent crime took place, within 72 hours, to contact residents to glean any additional information from those who live in that neighborhood.
Deputy Chief Zimmerman expressed his concern about the increase in robberies as well.
Deputy Chief Zimmerman submitted the Traffic Summary for the month of October 2016. Deputy Chief Zimmerman said the fatalities year-to-date are 64 compared to 57 in 2015. The main contributing factor continues to be the lack of seatbelt use and impaired driving.
Commissioner Brooks commented on the four high crash locations, three of which involve Bruce R. Watkins Drive. Deputy Chief Zimmerman said Major Wadle will ask MODOT to expand their study of the Prospect Corridor to include the specific intersections on Bruce R. Watkins Drive at Gregory, 75th Street, and 63rd Street.
Deputy Chief Zimmerman submitted the 3rd Quarter Fatality Report for 2016, as well as the October 2016 Executive Summary.
Mayor James asked about the decrease in traffic citations from last year. Deputy Chief Zimmerman said there are a number of reasons, among them that the police department has been busy with a number of Operation 100’s, protests, and increased homicides.
Mayor James said his office has received a number of calls and correspondence associated with Hogan Prep Middle School complaining about speeding that occurs near and around the school, particularly where the buses load and unload. Deputy Chief Zimmerman said he would make traffic officers aware.
Deputy Chief Zimmerman said that Major McHale recently accepted a job as the Chief of Police in Marion, Iowa. Deputy Chief Zimmerman expressed his appreciation to him for his years of service to the KCPD.
12. Professional Standards Division. Captain Lionel Colon presented the OCC Investigations Summary dated November 1, 2016.
13. Human Resources. New HR Director Meredith Rund presented the Personnel Summary dated November 8, 2016. For this time period Department strength is 1,321 law enforcement and 524 civilians.
14. Board Resolution 16-02, Counsel and Indemnification for the Board, Commissioners and Department Employees in Civil Actions. Mr. David Kenner presented this resolution for Board approval.
A motion was made by Commissioner Rader, and a second by Mayor James to approve Board Resolution 16-02, as presented. The vote was 5-0 in favor.
15. Scheduled meetings. Mr. David Kenner said the meeting schedule includes the addition of a special meeting with the City Council that will occur immediately after the Police Board meeting on December 13, 2016.
Tuesday, December 13, 2016
10:00 a.m. at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
Tuesday, December 13, 2016
1:00 p.m. to 2:00 p.m., KCPD Headquarters, Community Room, 1125 Locust, Kansas City. This is a joint meeting between the Police Board and the KCMO City Council.
Regular Meetings 2017:
January 10, 2017
February 14, 2017
March 7, 2017
April 11, 2017
May 9, 2017
June 13, 2017
July 11, 2017
August 15, 2017
September 12, 2017
October 10, 2017
November 14, 2017
December 12, 2017
All of these scheduled meetings are held at 10:00 a.m. at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
16. Commissioner Michael Rader. Commissioner Rader welcomed the new OGC Administrative Assistant/Board Assistant, Bethany Ruoff to the meeting.
17. Commissioner Alvin Brooks. Commissioner Brooks discussed the recent Crime Commission luncheon.
A motion was made by Mayor James, and seconded by Commissioner Brooks and by vote indicated below, to adjourn its open meeting at 12:26 p.m. and reconvene in closed session as provided in the following resolution. Following a roll call, the vote was 5-0 in favor.
WHEREAS, notice of the board meeting of the Board of Police Commissioners was given on January 15, 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 15, 2016, at KCPD Headquarters, Kansas City, for the purpose of discussing personnel matters, litigation matters, and labor negotiations.
The following Commissioners were present and voted to go into closed session as follows:
Commissioner Alvin L. Brooks – Aye
Commissioner Angela Wasson-Hunt – Aye
Commissioner Michael C. Rader – Aye
Commissioner Leland Shurin – Aye
Mayor Sylvester “Sly” James, Jr. – 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 15, 2016:
1) Following a motion by Commissioner Rader and a second by Commissioner Wasson-Hunt, the Board voted to approve the non-duty-related disability retirement application of Police Officer Bryan Schlinder. The vote was 5-0 in favor. Following polling, Mayor James voted Aye, Commissioner Rader voted Aye, Commissioner Shurin voted Aye, Commissioner Wasson-Hunt voted Aye, and Commissioner Brooks voted Aye.
2) Following a motion by Commissioner Brooks and a second by Mayor James, the Board voted to approve the application for continued employment of Major Wayne Stewart. The vote was 5-0 in favor. Following polling, Mayor James voted Aye, Commissioner Rader voted Aye, Commissioner Shurin voted Aye, Commissioner Wasson-Hunt voted Aye, and Commissioner Brooks voted Aye.
3) Following a motion by Commissioner Wasson-Hunt and a second by Mayor James, the Board voted to approve the minutes of the closed meeting of the Board of Police Commissioners on October 11, 2016. The vote was 5-0 in favor. Following polling, Mayor James voted Aye, Commissioner Rader voted Aye, Commissioner Shurin voted Aye, Commissioner Wasson-Hunt voted Aye, and Commissioner Brooks voted Aye.
4) Following a motion by Commissioner Shurin and a second by Mayor James, the Board voted to come out of Closed Session and adjourn. The vote was 5-0 in favor. Following polling, Mayor James voted Aye, Commissioner Rader voted Aye, Commissioner Shurin voted Aye, Commissioner Wasson-Hunt voted Aye, and Commissioner Brooks voted Aye.
Board of Police Commissioner Minutes