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January 31, 2023 Meeting

Publish Date 01/31/2023

MINUTES OF THE

BOARD OF POLICE COMMISSIONERS

TUESDAY, JANUARY 31, 2023

 

 

A meeting of the Board of Police Commissioners of Kansas City, Missouri was held on Tuesday, January 31, 2023, in the Community Room at Police Headquarters, 1125 Locust Street, Kansas City.

 

PRESENT:

Commissioner Mark Tolbert, President

Commissioner Cathy Dean, Vice President

Commissioner Dawn Cramer, Member

Mayor Quinton Lucas, Member

Mr. David Kenner, Secretary/Attorney

Stacey Graves, Chief of Police

 

This meeting was called to order at 9:30 a.m. by Commissioner Tolbert.  Supervisor Tamara McIntosh led the Pledge of Allegiance.  Chaplain Johnny Jones provided the invocation. 

  1. Board Resolution 23-01. Board Resolution 23-01 was presented to Deputy Chief Joseph Mabin to express the Board’s sincere gratitude and genuine appreciation for Deputy Chief Mabin’s distinguished and tireless service to KCPD, and for his interim service as the Department’s Chief of Police.  The Board commended Deputy Chief Mabin’s leadership during his time as interim chief, and in his current role as Deputy Chief.
  2. Investigations Bureau. Deputy Chief Luis Ortiz provided an update on monthly crime statistics.  He advised that to-date in 2023, there have been 11 homicides, compared to 14 at this same time in 2022; the five-year average of homicides for this same time period is 12.  The Department has cleared four homicides this year and one additional case from previous years, totaling five total homicides cleared to-date 2023.

Deputy Chief Ortiz advised there have been 38 non-fatal shootings year-to-date, compared to 42 for this same time period in 2022.  There were 38 non-fatal shootings in December 2022, compared to 30 in December 2021.  Deputy Chief Ortiz presented statistics on suspect and victim characteristics for the month of December 2022.

Deputy Chief Ortiz advised that the Department recovered 142 firearms in December 2022, compared to 148 in December 2021.  The five-year average of recovered firearms for the month of December is 158.  The Department has recovered 2,516 firearms total in 2022. 

            Deputy Chief Ortiz spoke about cases submitted for prosecution.  In December 2022, there were 259 cases submitted for prosecution; there were 217 cases submitted to Jackson County, 32 to Clay County, and ten to Platte County.  Deputy Chief Ortiz reported that 77 of those cases were filed, and 82 cases were declined.

            Deputy Chief Ortiz noted that on December 30th and 31st, the Homicide Unit worked with the Prosecutor’s Office to clear ten additional cases.

            The Board congratulated Deputy Chief Ortiz on his recent promotion.

  1. Patrol Bureau. Deputy Chief Joseph Mabin presented monthly statistics for the Patrol Bureau.  Deputy Chief Mabin advised that the median response time for Priority 10 calls for the month of December was 7.85 minutes; the Department’s Priority 10 (also known as Priority 1) response time goal is 7.50 minutes.  The Priority 20 (also known as Priority 2) response time for the month of December was 9.93; 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.   Deputy Chief Mabin explained that Priority 10 (also known as Priority 1) calls are incidents that present extreme danger or potential danger to human life, such as shootings, armed robberies, and sexual assaults in progress.  Priority 20 calls are calls where the potential for danger exists, but it has not yet happened.  Examples include prowlers, bomb threats, and disturbances.  Shoal Creek Patrol Division has the longest response time due to the large area, and Central Patrol has the shortest response time.

In response to a question, Deputy Chief McCollum advised that the average wait time for 911 calls to be answered is 27 seconds.  Commissioners Dean and Tolbert advised that this is a major issue and needs to be addressed.  There should not be an automated recording when dialing 911 because seconds count in an emergency situation.

During the month of December, the 911 Call Center received 79,813 calls for service, compared to 83,704 in December 2021.  In December 2022, officers were dispatched to 18,579 calls; 33,753 calls were alternatively handled.  The Department received 987,050 calls for service in all of 2022, compared to 998,437 in 2021. 

Deputy Chief Mabin presented the Traffic Summary for December 2022.  He advised that there were 89 traffic fatalities in 2022, compared to 85 in 2021.  Over 50 percent of the fatality victims were not wearing their seatbelts.  To-date 2023, there have been three traffic fatalities, compared to nine at during this same time frame in 2022.

Major Kari Thompson provided an update on the Community Engagement Division.    Major Thompson spoke about activities at the Police Athletic League (PAL), such as the PAL Panthers basketball team.  She thanked the coaches/officers at the PAL Center for their dedication to the youth in the City. 

  1. Administration Bureau. Deputy Chief Doug Niemeier provided an update on Department staffing.  He advised that the 176th Entrant Officer Class began training on October 16, 2022, and will graduate on May 4, 2023.  There are currently 25 KCPD recruits in that class.  The 177th Entrant Officer Class began training on January 24, 2023.  There are currently five KCPD recruits in that class.  The Department will begin the 178th Entrant Officer Class on April 24, 2023; there are 41 potential KCPD recruits currently in the hiring pool for that class. 

Deputy Chief Niemeier advised that the Department held law enforcement testing on January 21, 2023.  There were 27 attendees.  All 27 attendees passed the Physical Abilities Test (PAT), and 20 passed the written exam.  The remaining seven were referred to other Department job vacancies and encouraged to re-test for the law enforcement process.

Deputy Chief Niemeier thanked the staff within the Human Resources Division for their recruitment efforts.  He spoke about numerous recruitment opportunities.  Deputy Chief Niemeier requested Mayor Lucas’ assistance with getting the Department set up with employment tables at large upcoming events coming to the City, such as the NFL Draft, Big 12 basketball tournaments, NAIA tournaments, and the opening of the new KCI terminal.  In addition, the Department is encouraging former Department members to come back to KCPD.

The Board commended Deputy Chief Niemeier and his staff for these new recruitment ideas and efforts.  Deputy Chief Niemeier added that seven lateral officers have been hired since October 2022.  Chief Graves advised that the Department is working with labor to create a retention committee.  The Department is currently looking at opportunities for pay increases. 

Deputy Chief Niemeier advised that as of December 31, 2022, Department strength was 1,652.  For this time period, there were 1,115 sworn law enforcement personnel, 27 recruits, 505 career civilians, and five Board members.  There are currently 222 total vacancies. 

  1. Executive Services Bureau. Deputy Chief Derek McCollum presented the following items for Board approval:
  2. Budget Transfers for Fiscal Year 2022-23.  A memorandum dated January 18, 2023, was presented recommending approval of budget transfers.  This transfer will affect the General Fund, Community Policing and Prevention Fund, Police Drug Enforcement Fund, Police Grants Fund, and the Grants Special Revenue Fund.   

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

  1. Adjustment to Special Revenue Accounts for Fiscal Year 2022-23.  A memorandum dated January 18, 2023, was presented to recommend approval of an appropriation of $67,560 from the Unappropriated Fund Balance of the Special Services Fund to the Special Services – Financial Services – Computer Software Maintenance Fund.  This appropriation will fund the online reporting system annual license support fee.    

A motion was made by Commissioner Dean, with a second by Mayor Lucas, to approve the adjustments to special revenue accounts as presented.  The vote was 4-0 in favor.

  1. Adjustment to Special Revenue Accounts for Fiscal Year 2022-23. A memorandum dated January 18, 2023, was presented to recommend approval of an appropriation of $550,000 from the Unappropriated Fund Balance of the Liability Self-Retention Fund to the Liability Self-Retention – Contractual Services – Settlements Fund.

Commissioner Dean requested an update on of the liability insurance project.  Deputy Chief McCollum advised that this has been a long process because the Department had to collect ten years of data.  Lockton is working on a Request for Proposal (RFP) that should be published within the next month.  Deputy Chief McCollum advised that this will likely be very costly.  The Board requested that Lockton provides an update on this process at the next Board meeting. 

A motion was made by Commissioner Dean, with a second by Mayor Lucas, to approve the adjustments to special revenue accounts as presented.  The vote was 4-0 in favor.     

Deputy Chief McCollum provided an update on the Communications Unit.  The Unit is currently staffed with 36 dispatchers and 30 call takers; there are 34 current vacancies.  Deputy Chief McCollum advised that there are currently 25 applicants in the hiring process; seven have received a job offer. 

Communications Supervisor Steve Hoskins is working on current recruitment initiatives with local school districts.  He is also working with KCATA to advertise job opportunities on City buses.  Supervisor Tamara Bazzle continues to work with the Full Employment Council to recruit candidates.  The Communications Unit plans to host a joint job fair with MARC for communication positions. 

Board members spoke about the urgent need to eliminate mandatory overtime for the Communications Unit, reduce the 911 hold time, and increase the staffing levels of the Unit. 

  1. Chief’s Executive Officer. Deputy Chief Steven Young provided an update on Lexipol Public Safety Policy and Training Solutions.  The Board entered into an agreement with Lexipol, and they will begin reviewing Department policies and practices. 

Deputy Chief Young advised that the Department continues to research childcare opportunities.  San Diego Police Department was identified as having a childcare center.  This is funded by a foundation, and is a partnership with a national childcare organization.  Chief Graves advised that the Department will need to identify a partner and funding for a childcare center in Kansas City.  She advised that it would likely have to be available to all public service employees in the City.  The center will also need to be available 24/7.  Further update will be provided at the next meeting.

  1. Office of General Counsel. General Counsel Holly Dodge presented the December 2022 Private Officers Licensing Unit Monthly Summary.  In December 2022, there were 21 private officer license suspensions, four denials license denials, and zero revocations.

            Ms. Dodge presented the following Private Officer Licensing Appeal:

  1. Private Officer Licensing Appeal: Mitchell D. West-Carrasquillas.  A memorandum dated January 3, 2023, was presented to recommend the denial of the unarmed private security license of Mitchell D. West-Carrasquillas.  The basis for the denial is outlined in Title 17 of the Code of State Regulations Section 10-2.050 (3) (H), which stipulates in part, “each applicant applying for these provisions must meet these standards.  In part, the applicant must be of good moral character by having no felony convictions, misdemeanor convictions, or city ordinance convictions, which have an essential element of fraud, dishonesty, an act of violence, bribery, illegal drug use, sexual misconduct, and other similar acts constituting moral turpitude.”  On March 26, 2019, Mr. West-Carrasquillas was convicted of assault with the intent to inflict serious injury in Cherokee County, Iowa. 

            A motion was made by Commissioner Dean, with a second by Mayor Lucas, to uphold the decision of the Private Officer Licensing Unit to deny the unarmed private security license of Mitchell D. West-Carrasquillas.  The vote was 4-0 in favor. 

  1. Office of Community Complaints (OCC). Director Merrell Bennekin presented the OCC Semi-Annual Report for July through December 2022.  During this time period, the OCC received 129 complaints; 75 of those complaints were forwarded to the Internal Affairs Unit (IAU) for formal investigation.  Of those 75 complaints investigated by IAU,  three (3) were categorized as bias-based policing, five (5) as discourtesy, eleven (11) excessive force, four (4) harassment,  ten (10) improper member conduct, and forty-two (42) improper procedure.  The Board and Chief reviewed and concurred on 68 recommendations by the OCC.  Those recommendations consisted of fourteen (14) non-sustained, eleven (11) exonerations, one (1) sustained, and eighteen (18) terminations by non-cooperation and/or complaint withdrawals. 

In response to a question regarding the whistleblower policy, Deputy Chief Mabin advised that policy allows members to anonymously report member misconduct.  Chief Graves added that that an officer’s duty to intervene and speak up has been reiterated at recent command staff meetings. 

Director Bennekin spoke about the upcoming 8th Annual Badges and Baseball event.   The event will be held on Saturday, February 4, 2023.  There will be two sessions.  In addition to playing baseball, KCPD members will be present to discuss community engagement and traffic safety.  Deputy Chief Niemeier requested additional events for other sports, to include softball.    

  1. Public Comments. Mack Nelson spoke about the daily challenges that people in foster care, in the houseless community, or mentally ill.   

Rachel Thomas spoke about officer-involved shootings.  She demanded Chief Graves talk to the community in regard. 

Stan Morgan, Karen Daniels, and Brother John Anderson of the Westport Presbyterian Church stated that their group has still not heard from the Board.  In addition, previously scheduled meetings were cancelled with one Board member.  They urged the Board to participate in sincere dialogue with the group.

Delmira Daniels, graduate of the Citizen’s Police Academy, requested information regarding the Citizen’s Police Academy Alumni Association. 

Tracy Scott advised that on January 11, 2023, she was shot at while driving near Brush Creek.  The suspect leaned out of the window of a white SUV, fired shots from an assault rifle, and sped away.  She asked for help in solving the crime because she does not know the suspect.

Steve Young spoke about an incident where Mack Nelson was allegedly “body slammed” by officers at the scene of an officer-involved shooting. Mr. Young claims the officer’s actions were unnecessary, and that he lied in the police report.  He advised that KC LEAP will hold officers accountable for their wrongful actions. 

  1. Recap from Chief Stacey Graves. Chief Graves thanked the Board for selecting her to serve as the leader and Chief of Police of KCPD.  She advised that in her first 28 days as Chief, she has attended many meetings.  One trend she continues to see in Kansas City is the culture of violence.  She advised that the City must come together to improve the quality of life and value human life.  Chief Graves advised that she has big goals to break down walls and elevate the image of policing.  It will not happen overnight, but she is committed to doing it right each and every day.  Commissioner Tolbert advised that he is looking forward to Chief Graves’ success.
  2. Approval of Minutes. A motion was made by Commissioner Dean, with a second by Mayor Lucas, to approve the open session minutes from the Board meetings on December 10, 2022, December 13, 2022, and December 15, 2022.  The vote was 4-0 in favor.
  3. Secretary/Attorney David Kenner. Mr. Kenner advised that the Board needs to appoint a Treasurer.  A motion was made by Commissioner Dean, with a second by Commissioner Tolbert, to elect Commissioner Cramer as the Board Treasurer.  The vote was 4-0 in favor. 
  4. Mayor Quinton Lucas. Mayor Lucas spoke about the importance of Department recruiting, and appreciates the attention from command staff on the issue.  Mayor Lucas looks forward to additional information on the litigation liability insurance project at the next Board meeting.  Mayor Lucas spoke about the Community Policing and Prevention Fund.  He appreciates the creation of the Community Engagement Division, and appreciates their work in the community.  Mayor Lucas advised that the Fiscal Year 2023-24 budget will be presented to City Council on February 12, 2023, and it will be discussed over the next six weeks.      
  5. Commissioner Dawn Cramer. Commissioner Cramer congratulated the newly promoted Deputy Chiefs, and looks forward to working with Chief Graves. 
  6. Scheduled meetings. The Board of Police Commissioners of Kansas City, Missouri has scheduled the following meetings:

 

A motion was made by Commissioner Dean, with a second by Mayor Lucas, and by vote indicated below, to go into closed session at 11:37 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 May 27, 2022, 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, January 31, 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:

Mayor Quinton Lucas                                                 -           Aye

Commissioner Dawn Cramer                                     -           Aye

            Commissioner Cathy Dean                                         -           Aye

Commissioner Mark Tolbert                                       -           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, January 31, 2023:

The Board went into closed session at 11:48 a.m. 

1)         Following a motion by Mayor Lucas and a second by Commissioner Dean, the Board voted to authorize certain settlement authority in the case of Rena Childs v. Matthew Brummett, et al., in an amount not to exceed $___.[1]  The vote was 4-0 in favor.   Following polling, Commissioner Tolbert voted Aye, Commissioner Dean voted Aye, Commissioner Cramer voted Aye, and Mayor Lucas voted Aye.

2)         Following a motion by Commissioner Dean and a second by Commissioner Tolbert, the Board voted to appoint Commissioner Cramer to the litigation committee for the cases of Gwendolyn Grant v. BOPC, et al., and Quinton Lucas v. Eric Schmitt, et al.  The vote was 3-1 in favor.   Following polling, Commissioner Tolbert voted Aye, Commissioner Dean voted Aye, Commissioner Cramer voted Aye, and Mayor Lucas voted Nay.

3)         Following a motion by Commissioner Dean and a second by Mayor Lucas, the Board voted to authorize certain settlement authority in the case of Thomas Colatrella v. BOPC, in an amount not to exceed $___.[2]  The vote was 4-0 in favor.   Following polling, Commissioner Tolbert voted Aye, Commissioner Dean voted Aye, Commissioner Cramer voted Aye, and Mayor Lucas voted Aye.

4)         Following a motion by Commissioner Dean and a second by Mayor Lucas, the Board voted to authorize the payment of attorneys’ fees and expenses in an additional amount of $100,000 to counsel for the Board in the case of Joshua Krasovec v KCPERS, et al. The vote was 4-0 in favor.   Following polling, Commissioner Tolbert voted Aye, Commissioner Dean voted Aye, Commissioner Cramer voted Aye, and Mayor Lucas voted Aye.

5)         Following a motion by Mayor Lucas and a second by Commissioner Dean, the Board voted to authorize the payment of attorneys’ fees and expenses in an additional amount of $100,000 to counsel for the Board in the case of Gleanice Brown, et al. v. BOPC. The vote was 4-0 in favor.   Following polling, Commissioner Tolbert voted Aye, Commissioner Dean voted Aye, Commissioner Cramer voted Aye, and Mayor Lucas voted Aye.

6)         Following a motion by Commissioner Dean and a second by Commissioner Cramer, the Board voted to authorize the payment of attorneys’ fees and expenses in an aggregate amount of $300,000 to counsel for the Board in the case of N. Stokes v. BOPC. The vote was 4-0 in favor.   Following polling, Commissioner Tolbert voted Aye, Commissioner Dean voted Aye, Commissioner Cramer voted Aye, and Mayor Lucas voted Aye.

7)         Following a motion by Commissioner Dean and a second by Commissioner Cramer, the Board voted to approve the applications for continued employment of Police Officer William Randall and Reserve Police Officer David Edwards.  The vote was 4-0 in favor.   Following polling, Commissioner Tolbert voted Aye, Commissioner Dean voted Aye, Commissioner Cramer voted Aye, and Mayor Lucas voted Aye.

8)         Following a motion by Mayor Lucas and a second by Commissioner Dean, the Board voted to approve the minutes of the closed Board meetings on December 13, 2022, and December 29, 2022.  The vote was 4-0 in favor.   Following polling, Commissioner Tolbert voted Aye, Commissioner Dean voted Aye, Commissioner Cramer voted Aye, and Mayor Lucas voted Aye.

9)         Following a motion by Mayor Lucas and a second by Commissioner Cramer, the Board voted to go into special closed session to discuss personnel matters.  The vote was 4-0 in favor.  Following polling, Commissioner Tolbert voted Aye, Commissioner Dean voted Aye, Commissioner Cramer voted Aye, and Mayor Lucas voted Aye.

10)       Following a motion by Commissioner Dean and a second by Mayor Lucas, the Board voted to allow Chief Graves compensatory time which may not exceed 160 hours at any time, but with a maximum of 120 hours which could be paid out when she retires.  The vote was 4-0 in favor.  Following polling, Commissioner Tolbert voted Aye, Commissioner Dean voted Aye, Commissioner Cramer voted Aye, and Mayor Lucas voted Aye.

11)       Following a motion by Mayor Lucas and a second by Commissioner Dean, the Board voted to come out of special closed session and adjourn.  The vote was 4-0 in favor.   Following polling, Commissioner Tolbert voted Aye, Commissioner Dean voted Aye, Commissioner Cramer voted Aye, and Mayor Lucas voted Aye.

            The Board adjourned at 1:20 p.m.