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August 15, 2017, Meeting

Publish Date 08/15/2017

MINUTES OF THE
BOARD OF POLICE COMMISSIONERS MEETING
TUESDAY, AUGUST 15, 2017

A meeting of the Board of Police Commissioners of Kansas City, Missouri was held on Tuesday, August 15, 2017, at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

PRESENT:
Commissioner Leland M. Shurin, President
Commissioner Angela Wasson-Hunt, Treasurer
Commissioner Michael C. Rader, Member
Commissioner Nathan Garrett, Member
Mayor Sylvester “Sly” James, Jr., Member
Mr. David V. Kenner, Secretary/Attorney
Richard C. Smith, Chief of Police

This meeting was called to order at 10:04 a.m. by Commissioner Shurin. Chaplain Bilal Muhammed provided the invocation.

1. Awards and Commendations.
The Certificate of Appreciation was presented to the Missouri State Highway Patrol Dive Team for their outstanding assistance and recovery efforts in the retrieval of Toni Anderson’s body and vehicle from the Missouri River. On March 9, 2017, two months after the disappearance of nineteen-year-old Toni Anderson, two vehicles were located in the Missouri River near a boat ramp in Platte Landing Park. The Missouri State Highway Patrol Divers spent nearly twelve hours in the 49 degree water, recovering both vehicles from the river. One vehicle was determined to be stolen from Independence, and the other vehicle was identified by license plate as Anderson’s car. Anderson’s body was located in her vehicle, and the investigation later determined that Anderson died after accidentally driving into the river. The effort and assistance from the Missouri State Highway Patrol Dive Team provided closure for the family of Toni Anderson.

The Life-Saving Award was presented to Sergeant Craig Holmer for his actions in a life-or-death situation, on the morning of March 11, 2017. Sergeant Holmer was working at the Big 12 5K Run, when a runner collapsed. Sergeant Holmer noticed the man, David Houchin, and immediately started CPR until the paramedics arrived. The KCFD paramedic on site stressed how imported Sergeant Holmer’s immediate actions were, and that Mr. Houchin would make a full recovery due to these actions. Mr. Houchin and family were present in the audience to thank Sergeant Holmer.

The Meritorious Service Award was presented to Officer Kevin Colhour for his outstanding contribution to the Field Training Officer Program for the last five years. Officer Colhour has trained 16 recruits since 2012, and has volunteered nearly 30 times as an actor for the Academy’s situational and practical training exercises. Officer Colhour also provides valuable information to future field training officers at the Academy during F.T.O. School.

The Certificate of Commendation was presented to Officer William Bedell for an exceptional police act that brought credit to himself and the Department on March 5, 2017. Officer Bedell was on patrol when he saw a pick-up truck pass him at a high rate of speed, closely tailing another vehicle. Officer Bedell quickly searched the area for the truck and found that it had crashed into a utility pole, and then a large tree in front of a house. A fire had started on the ground, under the vehicle. Officer Bedell radioed for other emergency personnel to respond. Officer Bedell pulled the unconscious man out of the vehicle and carried him to safety. The man survived and was spared further injury thanks to Officer Bedell’s actions.

The Board took a recess at 10:15 a.m. and resumed at 10:20 a.m.

2. Public Comments.
Mr. Ron Hunt would like to join together with the Department, the Board, and the community to reduce violent crime in the City. Mr. Hunt expressed his excitement to work with the new Chief of Police. He is forming a new organization to fight crime, which will meet at Victorious Life Church. Mr. Hunt would like to see PAL strengthened, and encouraged all KCPD recruits to serve there.

Mr. David Briggs Sr., from Men United in Christ, shared a personal story with the Board. Mr. Briggs believes the violence in the City is a community problem, and he wishes to see change. Young men need food and shelter to stop their aggression.

Retired KCPD Sergeant Robert Mesa signed the public comment sign-in sheet. Human Resources Director Meredith Rund advised that she provided Retired Sergeant Mesa with the information he needed, and Retired Sergeant Mesa no longer needed to speak with the Board.

Nicole Davis asked questions regarding mental health, abandoned housing and buildings in the City, and expungement of youth charges.

Desmound Logan, Darrian Davis, and Stephanie Pierce spoke about the group “Smoke Your Tires, Not Your Homies.” They explained the goal of this group is to gather with one another in a safe, fun atmosphere. The original group of 20 people has grown to approximately 2,000 people that gather on private property located at 59th and Prospect. They expressed their concerns regarding an encounter the group had with KCPD on August 6, 2017. The group would like to see support from the Department.

3. Councilperson Alissia Canady.
Councilperson Canady thanked the members of “Smoke Your Tires, Not Your Homies” for addressing the Board. She noted that a shooting occurred on the periphery of Mr. Logan’s event. Councilperson Canady expressed her concern with the gap in communication between the group, the City, and the Department. Councilperson Canady would like for the group and the Department to work collaboratively in providing a safe and controlled area for the group to gather.

Councilperson Canady welcomed Chief Smith and Commissioner Garrett. Councilperson Canady spoke of the necessity for the Department to build more relationships throughout the community. She believes the Board needs to be more receptive to community discussions and concerns. Councilperson Canady stated that the Department needs more homicide detectives and needs to focus on officer safety.

4. Chief Richard C. Smith.
Chief Richard Smith explained that he has several meetings scheduled in the upcoming days to discuss his plans for the Department.

5. City Architect’s Report.
Mr. Eric Bosch spoke about the five-year capital improvement plan that will be used to ensure Department facilities are well-maintained and kept up-to-date. An RFP will go out to architects and engineers to look at older buildings, starting with Metro Patrol. Mr. Bosch said plans to build a new Department shooting range will begin in the next few months.

6. Approval of minutes.
Commissioner Wasson-Hunt had a question regarding the redaction of names in the medical retirement section of the closed session minutes. Mr. David Kenner stated the redaction of the names is for confidentiality reasons due to medical information. A motion was made by Commissioner Wasson-Hunt, with a second by Commissioner Rader, to approve the minutes of the July 11, 2017 open minutes, July 20, 2017 press conference minutes, July 27, 2017 public forum minutes, and the July 28, 2017 press conference minutes. The vote was 5-0 in favor.

7. MATRIX Staffing Study.
Mr. Richard Brady, President of MATRIX Consulting Group, presented the Department Workload/Staffing Study. The study revealed that many positions on the Department, currently held by sworn personnel, can be managed by civilians or staff of lower rank. The study suggested that the Department develop a performance management system to reorganize and improve support functions. Mr. Brady stated that KCPD is inadequately staffed, and provided information and options to improve staffing levels. In particular, staffing needs to be adequate to allow patrol officers to spend 35% of their time in proactive efforts, instead of just responding to calls. Currently, patrol officers can only spend about 20% of their time in proactive efforts. If the Department went to single officer patrol cars and reduced the officer-sergeant ratio from 4.6 to 1, to 6 to 1 which Mr. Brady indicated was best practice, this would allow for 37 officers to do patrol, and could enable the Department to get to the 35% proactive rate. KC NoVA needs to refocus its efforts. The lab needs to add 19 people to reduce the backlog. The Communications Unit also needs to add staff and reduce the 20% annual turnover which is above the national average. Overall, Mr. Brady recommended 58 new positions, most of which are civilians. Mr. Brady advised that goal-setting is important, e.g. a 5 year reduction in property crimes, with a lot of sub-goals. In response to a question, Mr. Brady stated that the Department has enough police cars to support single officer patrols, although he acknowledges that they may not be properly configured, e.g., take-home cars. Mr. Brady recommended continuing with the 10-hour work plan. The Board and Department will thoroughly review the study. In response to a question, Mr. Brady advised that functional performance management plans of large cities, such as Dallas and Las Vegas Metro, are available to the public for viewing. ICMA and ICAP also have plans for review.

8. Executive Services Bureau.
Acting Deputy Chief Mark Francisco presented the following items for Board approval:

a. Budget Transfers for Fiscal Year 2017-18. A memorandum dated August 2, 2017, was presented to recommend approval of budget transfers. This budget transfer will affect the Police Drug Enforcement Fund and the Police Grants Fund. An error was discovered with the adjusted appropriation numbers.

With the correction to the adjusted appropriation numbers, a motion was made by Mayor James, with a second by Commissioner Rader, to approve the budget transfers. The vote was 5-0 in favor.

b. Adjustments to Special Revenue Funds for Fiscal Year 2017-18. A memorandum dated August 3, 2017, was presented to recommend approval of adjustments to the special revenue funds. These adjustments will affect the Major Case Squad Fund.

A motion was made by Commissioner Wasson-Hunt, with a second by Mayor James, to approve the adjustments as presented. The vote was 5-0 in favor.

c. Communications Unit Update. Major Daniel Gates presented the Communications Unit update. Major Gates stated that through July 31, 2017, there have been 417,163 calls to 911 in the City, and 269,502 non-emergency calls. Major Gates explained that a fully staffed Communications Unit would consist of 92 personnel, including one captain, supervisors, call takers, and dispatchers. Major Gates advised that the Unit is currently severely understaffed, with 78 personnel. Major Gates explained that in order to maintain minimum staffing and CAD system training, Communications Unit personnel have been required to work mandatory overtime. Through July 31, 2017, the Unit has worked a total of 8900 hours of mandatory overtime this year. To reduce mandatory overtime, the Communications Unit is maximizing recruitment efforts to hire more staff. In response to a question, Supervisor Jeane Fracassa advised that starting salary for a Communications Specialist is approximately $37,600. Commissioner Wasson-Hunt stated that a salary increase is needed, as incentive to stay with the job for a longer duration. Commissioner Garrett requested to see the comparison of cost for overtime pay versus cost to hire additional personnel to the Unit. Major Gates advised there are currently 33 people in the hiring process for the Communications Unit. Mayor James expressed the need to educate community members about the basics of calling 911, 311, and other non-emergency numbers offered.

9. Professional Development and Research Bureau.
Deputy Chief Bob Kuehl presented the Academy Class Summary for August 2017. In response to a question, Deputy Chief Kuehl explained that Entrant Officers who do not complete the Academy, due to personal or performance reasons, are given the opportunity to fill an alternative open position if they are qualified.

Deputy Chief Kuehl requested Board approval for the following consent agenda item:

a. Project #934: Intoxicated Driving Arrests

A motion was made by Wasson-Hunt, with a second by Commissioner Rader, to approve the consent agenda item as presented. The vote was 5-0 in favor.

10. Investigations Bureau.
Deputy Chief Cheryl Rose presented the Board with the Investigations Bureau reports for July 2017.

Deputy Chief Rose said that to-date in 2017, there have been 89 homicides, compared to 68 at this time last year. Deputy Chief Rose advised that aggravated assaults have decreased 17% since last month, and part one crimes have decreased 14%. Deputy Chief Rose spoke about the carjackings around the City that were discussed at the July Board meeting. Deputy Chief Rose stated that the Department identified and arrested seven juvenile suspects related to seven carjacking cases. Deputy Chief Rose stated that KCPD hosted the 2017 National Association of Women Law Enforcement Executives (NAWLEE) Conference. There were 241 attendees, making it the largest conference yet. The Board congratulated Deputy Chief Rose on the success of the Conference.

11. Administration Bureau.
Deputy Chief Oakman presented the Regional Criminalistics Division monthly statistics for August 2017.

In response to a question, Deputy Chief Oakman stated that the Department utilizes additional lab capacity that is available at surrounding crime labs. Deputy Chief Oakman stated that he will provide the Board with the total number of open Crime Lab positions at the next Board meeting. Deputy Chief Oakman also stated that personnel are focusing on reorganizing the structure of the Lab for better production rates. Director Netzel is working to establish an equal pay scale for supervisors of the Lab.

12. Patrol Bureau.
Deputy Chief David Zimmerman presented the Monthly Offense Summary dated June 2017. Deputy Chief Zimmerman provided an update on the reallocation of officers patrolling in high-risk locations. The statistics being measured are the number of homicides, drive-by shootings, bullet to skin assaults, traffic fatalities, shots fired calls, and overdoses. Major Scott Glaeser advised that to-date the statistics have shown improvement, but it is still too early to measure the effectiveness. No complaints have been filed with the Office of Community Complaints in regard to this initiative. In response to a question, Deputy Chief Zimmerman advised that the Traffic Enforcement Division has been closely monitoring the increased motorcycle gang presence on the Plaza. Commissioner Wasson-Hunt requested that the response-time data be reported in the Monthly Offense Summary as done in the past. Deputy Chief Zimmerman advised that an issue with the new CAD system caused the data to be excluded, but the data will be brought back to the report once the issue is resolved.

Deputy Chief Zimmerman presented the Traffic Summary for the month of June 2017. He advised there have been 59 fatalities to date this year, there were 39 at this time last year.

13. Office of General Counsel.
General Counsel Virginia Murray stated she had nothing for discussion at this time.

14. Professional Standards Division.
Major David Bosworth presented the OCC Investigations Summary dated August 3, 2017. Major Bosworth also presented the following Private Officer License appeal:

a. Private Officer License Appeal, Antonio M. Nash. A memorandum dated July 18, 2017, recommended the denial of the unarmed private security license of Mr. Antonio M. Nash. The basis for the revocation is outlined in Title 17 of the Code of State Regulations 10-2.050, Section (3) (F) stipulating, “If the applicant served in the Armed Forces of the United States within ten (10) years prior to the date of application, the final discharge of the applicant from the armed forces must be honorable or general under honorable conditions.” Mr. Nash was discharged Under Other Than Honorable conditions from the United States Army Reserve on June 7, 2013. At the July 11, 2017 Board meeting, the Board requested additional information regarding the Private Officer License Appeal of Mr. Antonio M. Nash. Mr. Nash was given the opportunity to provide the Board with more information regarding his discharge from the United States Army Reserve Under Other Than Honorable Conditions, on June 7, 2013. Additional information was provided to the Board.

A motion was made by Commissioner Shurin, with a second by Commissioner Rader, to uphold the appeal and grant Antonio M. Nash an unarmed license. The vote was 5-0 in favor.

Private Officer Licensing Unit Manager Tamy Gallagher provided an overview of the responsibilities of the Private Officers Licensing Unit. Ms. Gallagher explained that the POLU is responsible for licensing all armed and unarmed private security in the City. The unit conducts full background checks on all applicants. POLU also completes field inspections to ensure that all private security companies are following guidelines.

15. Human Resources.
Director Meredith Rund presented the Personnel Summary dated August 7, 2017. For this time period, Department strength is 1,292 law enforcement and 512 civilians.

16. Fraternal Order of Police Lodge No. 99.
Sergeant Brad Lemon stated that the Kansas City, Missouri FOP is hosting the National Championship of Police Softball Tournament on September 9th-10th, 2017. The National FOP Conference is at the end of August in Nashville, Tennessee. Sergeant Lemon also advised that the Kansas City, Missouri FOP received the largest grant in the U.S., of $140,000, to work with youth in the City. The Board congratulated the FOP for its success with the grant.

17. Scheduled meetings.
The Board of Police Commissioners of Kansas City, Missouri has scheduled the following meetings:

Regular Meetings 2017:
September 12, 2017, 10:00 a.m., at KCPD North Patrol Community Room, 11000 N.W. Prairie View Road, Kansas City.
October 10, 2017, 10:00 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
November 14, 2017, 10:00 a.m., at KCPD East Patrol Gymnasium, 2640 Prospect Avenue, Kansas City.
December 12, 2017, 10:00 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

18. Commissioner Wasson-Hunt.
Commissioner Wasson-Hunt congratulated Chief Smith on his appointment to Chief of Police.

19. Commissioner Shurin.
Commissioner Shurin advised that the September Board meeting will be held in the North Patrol Community Room. Commissioner Shurin requested Director Rund to review questions submitted by Department members, regarding civilian working conditions on the Department, at the Chief of Police Question and Answer Forum. He explained that he wants the best working conditions for every member of the Department. Commissioner Shurin also stated that the Board is a part of the Department, and not an oversight Board. Commissioner Shurin requested an update on the Sprint Contract at the next Board meeting.

A motion was made by Commissioner Wasson-Hunt, with a second by Commissioner Rader, and by vote indicated below, to adjourn its open meeting at 1:06 p.m. and reconvene in closed session as provided in the following resolution. Following a roll call, the vote was 5-0 in favor.

RESOLUTION

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, August 15, 2017, at KCPD Headquarters, 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 Leland M. Shurin – Aye
Commissioner Angela Wasson-Hunt – Aye
Commissioner Michael C. Rader – Aye
Commissioner Nathan Garrett – 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 August 15, 2017:

1) Following a motion by Commissioner Rader and a second by Commissioner Wasson-Hunt, the Board voted to approve the applications for continued employment of Police Officer John Wilson, Reserve Sergeant Dwight Rhodes, Reserve Police Officer Douglas Harr, Reserve Police Officer Richard Cartwright, and Detention Officer Patricia Doolin. The vote was 5-0 in favor. Following polling, Mayor James voted Aye, Commissioner Wasson-Hunt voted Aye, Commissioner Rader voted Aye, Commissioner Garrett voted Aye, and Commissioner Shurin voted Aye.

2) Following a motion by Commissioner Wasson-Hunt and a second by Mayor James, the Board voted to approve the minutes of the closed sessions of the Board of Police Commissioners on July 11, 2017, and July 28, 2017, with Commissioner Garrett abstaining. The vote was 4-0 in favor. Following polling, Mayor James voted Aye, Commissioner Wasson-Hunt voted Aye, Commissioner Rader voted Aye, and Commissioner Shurin voted Aye.

3) Following a motion by Commissioner Wasson-Hunt and a second by Mayor James, the Board voted to accept the 2017-18 MoWIN Task Force Award. The vote was 5-0 in favor. Following polling, Mayor James voted Aye, Commissioner Wasson-Hunt voted Aye, Commissioner Rader voted Aye, Commissioner Garrett voted Aye, and Commissioner Shurin voted Aye.

Mayor James left the meeting at 1:28 p.m.

4) Following a motion by Commissioner Wasson-Hunt and a second by Commissioner Rader, the Board voted to approve the MOU with the Fraternal Order of Police Lodge No. 99 (Civilian Unit). The vote was 4-0 in favor. Following polling, Commissioner Wasson-Hunt voted Aye, Commissioner Rader voted Aye, Commissioner Garrett voted Aye, and Commissioner Shurin voted Aye.

5) Following a motion by Commissioner Wasson-Hunt and a second by Commissioner Rader, the Board voted to go into special closed session to discuss personnel matters. The vote was 4-0 in favor. Following polling, Commissioner Wasson-Hunt voted Aye, Commissioner Rader voted Aye, Commissioner Garrett voted Aye, and Commissioner Shurin voted Aye.

6) Following a motion by Commissioner Wasson-Hunt and a second by Commissioner Rader, the Board voted to come out of special closed session and adjourn. The vote was 4-0 in favor. Following polling, Commissioner Wasson-Hunt voted Aye, Commissioner Rader voted Aye, Commissioner Garrett voted Aye, and Commissioner Shurin voted Aye.

The Board adjourned at 2:12 p.m.

___________________
President

___________________
Secretary/Attorney

 

Board of Police Commissioners Minutes