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July 25, 2023 Meeting

Publish Date 07/25/2023

MINUTES OF THE

BOARD OF POLICE COMMISSIONERS

TUESDAY, JULY 25, 2023

 

 

A meeting of the Board of Police Commissioners of Kansas City, Missouri was held on Tuesday, July 25, 2023, in the Community Room at Police Headquarters, 1125 Locust Street, Kansas City.

PRESENT:

Commissioner Cathy Dean, President

Commissioner Dawn Cramer, Vice President

Commissioner Tom Whittaker, Treasurer

Commissioner Mark Tolbert, Member

Mr. David Kenner, Secretary/Attorney

ABSENT:

Mayor Quinton Lucas, Member

Stacey Graves, Chief of Police

 

This meeting was called to order at 9:29 a.m. by Commissioner Dean.  Master Patrol Officer Leslie Cornell led the Pledge of Allegiance.  Chaplain John McCann provided the invocation.  Commissioner Cramer attended the meeting via teleconference.  Mayor Lucas and Chief Graves had excused absences. 

  1. Guest Presentation. Mr. Michael Keenan, Hood & Associates CPAs, P.C., was present to discuss the financial and compliance audit for the year ending April 30, 2023.  Mr. Keenan provided the Financial Statements, Single Audit Report, and the Required Communication and Management Letter to those in attendance at the meeting.  He noted that it was a “clean” audit.  Mr. Keenan said the audit revealed no illegal acts, difficulties or disagreements with management, and the firm had full access to books and records. 

            Mr. Keenan thanked the Department for the opportunity, and commended Fiscal staff for their assistance during the audit.  Deputy Chief McCollum and Commissioner Dean also commended the work done by the Fiscal staff to prepare for the audit, in addition to their daily job duties. 

  1. Investigations Bureau. Deputy Chief Luis Ortiz provided an update on monthly crime statistics.  He advised that to-date in 2023, there have been 114 homicides, compared to 91 at this same time in 2022; the five-year average of homicides for this same time period is 85.  The Department has cleared 53 homicides this year and 21 additional cases from previous years, totaling 74 homicides cleared to-date 2023.

Deputy Chief Ortiz advised there have been 277 non-fatal shootings year-to-date, compared to 286 for this same time period in 2022.  There were 44 non-fatal shootings in June 2023, compared to 47 in June 2022.  Deputy Chief Ortiz presented statistics on suspect and victim characteristics for the month of June 2023. 

Deputy Chief Ortiz advised that the Department recovered 172 firearms in June 2023, compared to 212 in June 2022.  The five-year average of recovered firearms for the month of June is 192.  The Department has recovered 1,115 firearms year-to-date 2023. 

            Deputy Chief Ortiz spoke about cases submitted for prosecution.  In June 2023, there were 257 cases submitted for prosecution; there were 221 cases submitted to Jackson County, 29 to Clay County, and seven to Platte County.  He reported that charges were filed in 115 cases in June 2023, and 54 cases were declined.  A majority of the case declinations were due to insufficient evidence or prosecutor discretion.  Investigations personnel continue to work with local prosecutors to prepare a solid case file.  Deputy Chief Ortiz commended the hard work by Investigations Bureau personnel.    

  1. Patrol Bureau. Major Ryan Mills presented for Deputy Chief Joseph Mabin in his absence.  Major Mills presented monthly statistics for the Patrol Bureau.  Major Mills advised that the median response time for Priority 10 calls (also known as Priority 1) for the month of June was 8.17 minutes; the Department’s Priority 10 response time goal is 7.50 minutes.  The Priority 20 (also known as Priority 2) response time for the month of June was 10.42 minutes; the Department’s Priority 20 response time goal is 9.00 minutes.  The response time is the amount of time from when the call is created until an officer arrives on scene.  Major Mills noted that the response time for Priority 10 calls for the month of June was down 11 seconds from the previous month, and the response time for Priority 20 calls for the month of June was down ten seconds from the previous month. 

            Major Mills advised that the average 911 hold time for June 2023 was 47 seconds, compared to 60 seconds last month.  Major Mills advised that for Priority 10 calls, the average time from when the caller dialed 911 until officers responded was 8 minutes and 7 seconds, which is a decrease of 31 seconds from the previous month.  For Priority 20 calls, the average time from when the caller dialed 911 until officers responded was 11 minutes and 2 seconds, which is a decrease of 38 seconds from the previous month.        

Commissioner Dean noted that two officers were injured this past month while responding to a call for service.  Major Mills noted that members must be careful when responding to emergencies, and that to be of assistance, they have to first get there safely.

Major Mills presented the Traffic Summary for June 2023.  He advised that there were 1,412 crashes in June 2023.  There have been 9,024 crashes year-to-date 2023.  There have been 36 fatal traffic crashes year-to-date 2023, with 40 total fatal crash victims.  During this same time frame last year, there had been 42 fatal crashes, with 45 total fatal crash victims.   

Major Mills advised that the Department held seven Driving Under the Influence (DUI) Wolf Pack enforcement activities during June 2023.  These enforcement activities resulted in 76 total stops, 34 DUI arrests, and 110 total citations issued. 

In response to a question from Mr. Kenner, Major Mills advised that the high crash location statistics are provided to the City and State.  The City has applied for extra grant funding to address the high crash location issues.  Additionally, the Department has deployed extra traffic enforcement in those areas. 

Sergeant Andrew Gore presented the monthly Community Engagement Division report highlighted the Patrol Bureau Member Showcases of the Month, Metro Patrol Officers William Harris, Roman Guzman, Andrew Taylor, Demetric McDowell, and Trey Lehman.  While on patrol, these officers located a gunshot victim laying in the street.  While tending to the victim’s injuries, the officers were able to relay the suspect information to other officers.  About one mile away, a person matching the suspect description was located.  After a foot pursuit, the suspect was taken into custody and is currently facing charges for the shooting. 

Sergeant Gore presented a slideshow of events that Community Engagement Division personnel were involved in this past month, such as Kia and Hyundai lock distributions to reduce automobile thefts, community discussion panels, and the Police Athletic League (PAL) football camp.  Sergeant Gore thanked the football camp sponsors for their support of the PAL program and youth in the City.

Sergeant Gore advised that he and other members of the Community Engagement Division and KC360 initiative attended the “Rebuild the Village” conference in Omaha, Nebraska, this past month.  The conference taught holistic strategies for reducing violent crime. 

  1. Administration Bureau. Deputy Chief Doug Niemeier provided an update on Department staffing.  He advised that as of June 30, 2023, Department strength was 1,642.  For this time period, there were 1,106 sworn law enforcement personnel, 32 recruits, 499 professional staff, and five Board members.  He advised that a new Academy class, the 179th Entrant Officer Class (EOC) began training yesterday.  The Department has started processing members for the 180th EOC, which is scheduled to begin in October 2023.

There are 19 KCPD recruits in the 179th EOC.  In response to a question, Deputy Chief Niemeier advised that 50 recruits per class is the optimal size.  The Academy also trains recruits from other local agencies, so they make up part of the class size.  He noted that ideally, KCPD would like to have 20-25 recruits per class.  Deputy Chief Niemeier advised that there are currently ten applicants in the hiring process for the 180th EOC; the Department has extended one pending job offer.  The Department will hold law enforcement testing on July 29, 2023, at the Regional Police Academy.   

            Deputy Chief Niemeier advised that the Department hired two people for the Communications Unit this past month.  There is one pending job offer at this time, and there are 23 eligible applicants in various stages of the hiring process. 

Deputy Chief Niemeier advised that the Department is accepting applications for Detention Facility Officers (DFOs).  This position is for 18+ years of age.  Starting salary for DFOs is $3,282/month.  More information can be found at https://careers.kcpd.org.

Deputy Chief Niemeier advised that the 177th EOC will graduate from the Academy on August 3, 2023.  There are five KCPD recruits in this class, and five recruits from outside agencies.  The 178th EOC will graduate on November 2, 2023.  There are 24 KCPD recruits in this class.   

Deputy Chief Niemeier provided an update on the summer intern program.  He advised that the interns’ last day will be August 4, 2023.  He thanked the various Department units for showing the interns around over the summer and teaching them about KCPD.  He complimented the interns for their participation and feedback during this program. 

  1. Executive Services Bureau. Deputy Chief Derek McCollum presented the following items for Board approval:
  2. Budget Transfers for Fiscal Year 2023-24.  A memorandum dated July 19, 2023, was presented recommending approval of budget transfers.  This transfer will affect the General Fund and the Police Grants Fund.   

            In response to a question from Commissioner Tolbert, Deputy Chief McCollum advised that the Department requested $8 million for contractual services in the Fiscal Year 2023-23 budget, but only received $2.5 million for contractual services; the Department estimated $2.5 million in settlements alone.  Deputy Chief McCollum advised that the personal services account has the largest pool of money, and therefore, this transfer must come from there.  He also advised that members are still being paid and receiving their annual raises, as promised. 

            A motion was made by Commissioner Whittaker, with a second by Commissioner Tolbert, to approve the budget transfers as presented.  The vote was 4-0 in favor.

  1. KC-ETAC Purchases.  A memorandum dated July 12, 2023, was presented to recommend approval of the LexisNexis subscription renewal in partnership with KC-ETAC, at a cost of $169,683.00.

            A motion was made by Commissioner Whittaker, with a second by Commissioner Tolbert, to approve the LexisNexis subscription renewal, at a cost of $168,683.00.  The vote was 4-0 in favor.

  1. Audit Proposal No. 202317.  A memorandum dated July 11, 2023, was presented to recommend approval of a one-year contract for auditing services, with the option to renew for four additional one-year periods, with Hood & Associates CPAs, PC.  This one-year contract will cost $85,400.00, and will be for the fiscal year ending on April 30, 2024.

            In response to a question from Mr. Kenner, Deputy Chief McCollum advised that this audit does not include the pension fund.

            A motion was made by Commissioner Tolbert, with a second by Commissioner Whittaker, to approve a one-year contract for auditing services with Hood & Associates CPAs, PC, at a cost of $84,500.00.  The vote was 4-0 in favor.

  1. Banking Services.  A memorandum dated July 11, 2023, was presented to recommend the approval to award the Department’s banking services to UMB Bank, at a cost of $8,277.53.  The contract period is January 1, 2024, through December 31, 2024, with the option to renew for four additional one-year periods.  This contract covers costs for various transactions, and additional services such as online banking, a procurement card program, and a merchant credit card services provider. 

            A motion was made by Commissioner Whittaker, with a second by Commissioner Tolbert, to award UMB Bank with a one-year contract for banking services, at a cost of $8,277.53.  The vote was 4-0 in favor.

  1. Bank Pledgee Agreement Form.  A memorandum dated July 14, 2023, was presented to recommend approval of necessary changes to the Federal Reserve Bank of Boston’s bank pledgee agreement form, due to recent personnel changes. 

            A motion was made by Commissioner Tolbert, with a second by Commissioner Whittaker, to approve the necessary changes to the banking documents at the Federal Reserve Bank of Boston, including all resolutions contained therein.  The vote was 4-0 in favor.

  1. Board Resolutions and Signature Cards.  A memorandum dated July 14, 2023, was presented to recommend approval of necessary changes to UMB Bank and Greater KC Public Safety Credit Union board resolutions and signature cards, due to recent personnel changes.

            A motion was made by Commissioner Whittaker, with a second by Commissioner Tolbert, to approve the necessary changes to the banking documents at UMB Bank and the Greater KC Public Safety Credit Union, including all resolutions contained therein.  The vote was 4-0 in favor.

  1. Motorola Project Firewalls.  A memorandum dated July 20, 2023, was presented to recommend approval for the purchase of CISCO firewalls through Logicalis for the Motorola CAD Project, at a cost of $214,055.64, utilizing the Omnia Partners contract #R200803.  The firewalls will provide failover to both the primary and backup to the computer-aided dispatch (CAD) system, to avoid network outages. 

            In response to a question from Commissioner Tolbert, Deputy Chief McCollum advised that the Department has generators at both sites, as backup in case of a power outage.

            A motion was made by Commissioner Tolbert, with a second by Commissioner Whittaker, to approve the purchase of CISCO firewalls through Logicalis, at a cost of $214,055.64.  The vote was 4-0 in favor. 

            Deputy Chief McCollum provided an update on the Communications Unit.  He advised that the unit is currently staffed with 36 dispatchers and 29 call takers; there are 30 vacancies.  During the past month, the unit lost three members for various reasons; two of these members were transferred to other units in the Department, and one member accepted a position at another local agency.  

            Deputy Chief McCollum advised that the average 911 hold time for the month of June was 47 seconds, compared to 27 seconds in June 2022.  Last month, the Communications Unit received approximately 147 calls per hour, which equates to 3,551 calls per day, or 106,548 calls per day; these statistics are compared to 88,853 calls per day at the same time period in 2022.  Calls to 911 have significantly increased, but staffing remains low. 

            Deputy Chief McCollum advised that there are currently two dispatchers in training and five call takers in training; two newly-hired members will start training next week.  Deputy Chief McCollum advised that, in an attempt to reduce 911 hold times, the Department has extended overtime opportunities for members in other units to become trained within the Communications Unit to supplement duties.  This opportunity is available for sworn law enforcement and professional staff.  So far, the Department has received interest from approximately 80 members.  The Board commended command staff for this idea, and is hopeful that this will help get hold times under control.  Deputy Chief McCollum noted that this will increase the Department’s overtime.  

            Deputy Chief McCollum provided an update on the Mid-America Regional Council (MARC) Regional 911 System.  He advised that MARC held an emergency meeting to discuss a potential solution within the 911 system that could allow the Department to separate from KCFD’s emergency line.  For example, instead of waiting for a call taker, a caller could immediately press #1 for police, press #2 for fire, press #3 for EMS, or press #4 for non-emergencies.  Deputy Chief McCollum advised this is not as easy to remedy as they first thought.  The technology to do this is availabile, but is not refined enough to do it easily.  The MARC Board made a formal vote to have Motorola review and implement this request, but it could take around six months to do so.  In response to a question, Communications Unit Systems Manager Stephen Hoskins provided information on the current structure of the bi-state, multi-county 911 system.  

  1. Chief’s Executive Officer. Deputy Chief Steven Young advised that the Kansas City Police Employee Retirement Systems (KCPERS) has issued a Request for Proposal (RFP) for a qualified firm to provide retirement plan administration, record keeping, education, communications, investment-related, and other related services to their Retirement Profit Sharing Plan.  Deputy Chief Young noted that KCPERS is satisfied with the current provider, but they are required to re-issue the RFP every five years.   

            Deputy Chief Young presented the following consent agenda item:

  1. Personnel Policy 312-6: Member Investigation, Discipline, and Appeals.

Deputy Chief Young advised that this policy was updated to move all discipline

review to a new division, the Education, Discipline, and Accountability Division, in an effort to create consistency and fairness in the discipline process.  He noted that the Department has already been operating in this manner for the last year, as required by the collective bargaining agreement.  Deputy Chief Young noted that there was one change to the draft, reflecting that disciplinary appeal hearings are now closed under Section 590.502.3(6) of the Revised Statutes of Missouri.

            A motion was made by Commissioner Whittaker, with a second by Commissioner Tolbert, to approve Personnel Policy 312-6, Member Investigation, Discipline, and Appeals, as presented.  The vote was 4-0 in favor.  

  1. Office of Community Complaints (OCC). Director Merrell Bennekin presented the 2023 semi-annual report from the OCC.  He advised that to-date 2023, the OCC has received 150 complaints, compared to 140 complaints at this same time period last year.  Of these 150 complaints, four were bias-based policing, seven were discourtesy, 13 were excessive use of force, 14 were harassment, 24 were improper member conduct, 87 were improper procedure, and one has not yet been determined.

            Mr. Bennekin advised that 60 of these complaints were forwarded to the Internal Affairs Unit for formal investigation.  Additionally, the Board and Chief Graves reviewed and concurred on 77 recommendations from the OCC.  The concurrences were as follows: 18 not-sustained, 16 exonerated, and seven sustained complaints; 36 complaints were administratively closed for non-cooperation and withdrawn complaints. 

            Mr. Bennekin advised that the OCC is now fully staffed.  The OCC added two legal analysts this year to fill vacancies left by former member retirements.

  1. Public Comments. Desmound Logan spoke about sideshows throughout the City.  He offered alternative ideas on handling this problem.  Commissioner Dean referred Mr. Logan to Deputy Chief Young, for further discussion. 
  2. Approval of Minutes. A motion was made by Commissioner Tolbert, with a second by Commissioner Whittaker, to approve the minutes from the Audit Committee meeting on June 22, 2023.  The vote was 4-0 in favor.

A motion was made by Commissioner Tolbert, with a second by Commissioner Whittaker, to approve the open session minutes from the Board meeting on June 27, 2023.  The vote was 4-0 in favor.

  1. Mr. David Kenner. Mr. Kenner presented the Board of Police Commissioners of Kansas City, Missouri Bylaws, for Board approval.

            A motion was made by Commissioner Whittaker, with a second by Commissioner Tolbert, to approve the bylaws, as presented.  The vote was 4-0 in favor. 

            Mr. Kenner presented the Board’s response to the City’s Governance Risk Assessment Survey.  Board agreed that the survey response was accurate, and instructed Mr. Kenner to submit it to the City Auditor’s Office. 

  1. Commissioner Tom Whittaker. Commissioner Whittaker advised that he recently shadowed members of the Communications Unit, and he can attest that they are being required to do more work with less resources.  He stated that the 80 responses to help out in the Communications Unit is encouraging, and that the Department must continue to find ways to help the Communications Unit with staffing.
  2. Scheduled meetings. The Board of Police Commissioners of Kansas City, Missouri has scheduled the following meetings:

 

Board Disciplinary Hearings:

 

BOPC 23-03

Friday, September 8, 2023

9:00 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

BOPC 21-02

Friday, December 1, 2023

9:00 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

BOPC 23-04

Friday, December 8, 2023

9:00 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

*Discipline hearings are closed under Section 590.502.3(6) of the Revised Statutes of Missouri.

 

Regular Meetings:

 

August 22, 2023, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

September 26, 2023, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

October 31, 2023, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

November 14, 2023, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

December 12, 2023, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

January 23, 2024, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

February 20, 2024, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

March 19, 2024, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

April 23, 2024, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

May 28, 2024, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

June 25, 2024, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

A motion was made by Commissioner Tolbert, with a second by Commissioner Whittaker, and by vote indicated below, to go into closed session at 10:56 a.m., as provided in the following resolution.  Following a roll call, the vote was 4-0 in favor. 

RESOLUTION

WHEREAS, notice of the board meeting of the Board of Police Commissioners was given on January 26, 2023, 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, July 25, 2023, at KCPD Headquarters, 1125 Locust Street, 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 Tom Whittaker                                    -           Aye

            Commissioner Dawn Cramer                                     -           Aye

Commissioner Cathy Dean                                         -           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 Tuesday, July 25, 2023:

The Board went into closed session at 11:12 a.m.  Commissioner Cramer attended the meeting via teleconference.  Mayor Lucas was briefly absent at the start of the meeting, but joined at 11:19 a.m., before any votes were taken.

1)         Following a motion by Commissioner Tolbert and a second by Mayor Lucas, the Board voted to grant the duty related disability retirement application of ___________.[1]  The vote was 5-0 in favor.  Following polling, Commissioner Dean voted Aye, Commissioner Cramer voted Aye, Commissioner Tolbert voted Aye, Commissioner Whittaker voted Aye, and Mayor Lucas voted Aye.

2)         Following a motion by Mayor Lucas and a second by Commissioner Tolbert, the Board voted to grant the duty related disability retirement application of ___________.[2] The vote was 5-0 in favor.  Following polling, Commissioner Dean voted Aye, Commissioner Cramer voted Aye, Commissioner Tolbert voted Aye, Commissioner Whittaker voted Aye, and Mayor Lucas voted Aye.

3)         Following a motion by Commissioner Tolbert and a second by Mayor Lucas, the Board voted to approve the applications for continued employment of Detention Officer Syed Hasan, Sergeant David Kissee, and Reserve Police Officer Patrick McKenzie.  The vote was 5-0 in favor.  Following polling, Commissioner Dean voted Aye, Commissioner Cramer voted Aye, Commissioner Tolbert voted Aye, Commissioner Whittaker voted Aye, and Mayor Lucas voted Aye.

4)         Following a motion by Commissioner Tolbert and a second by Mayor Lucas, the Board voted to approve the minutes of the Governance Committee on June 22, 2023, and the closed Board meeting on June 27, 2023.  The vote was 5-0 in favor.  Following polling, Commissioner Dean voted Aye, Commissioner Cramer voted Aye, Commissioner Tolbert voted Aye, Commissioner Whittaker voted Aye, and Mayor Lucas voted Aye.

5)         Following a motion by Commissioner Tolbert and a second by Mayor Lucas, at 12:02 p.m., the Board voted to go out of closed session and adjourn.  The vote was 5-0 in favor.  Following polling, Commissioner Dean voted Aye, Commissioner Cramer voted Aye, Commissioner Tolbert voted Aye, Commissioner Whittaker voted Aye, and Mayor Lucas voted Aye.

            The Board adjourned at 12:02 p.m.