MINUTES OF THE
BOARD OF POLICE COMMISSIONERS MEETING
TUESDAY, JUNE 16, 2020
A meeting of the Board of Police Commissioners of Kansas City, Missouri was held on Tuesday, June 16, 2020, at KCPD Headquarters, Community Room, 1125 Locust Street, Kansas City.
PRESENT:
Commissioner Don Wagner, President
Commissioner Mark Tolbert, Vice President
Commissioner Cathy Dean, Treasurer
Commissioner Nathan Garrett, Member
Mayor Quinton Lucas, Member
Mr. David V. Kenner, Secretary/Attorney
Richard C. Smith, Chief of Police
This meeting was called to order at 9:38 a.m. by Commissioner Wagner. Everyone in attendance did so via telephone conference. Bishop Mark Tolbert provided the invocation.
Councilwoman Hall presented the Kansas City Interim Detention Facility Project Report. The report detailed the final recommendation for the facility. This recommendation advised that the pre-engineered metal building option on the City-owned property near Front Street was identified as the option that meets all the operational and space needs parameters for a limited interim detention facility. In addition to accommodating the minimum 100-bed capacity, it provides for ancillary health care and inmate services.
Chief Smith spoke about the death of George Floyd. Following his review of the video, Chief Smith directed the Training Unit to put out a training video in regard thereto, and issued a Special Order regarding response to resistance. Chief Smith will send the training video to the Board members.
Chief Smith asked Major Paul Luster, Fiscal Division, to provide an update on the procurement of funding for body cameras. Major Luster advised that in November 2017, the Department put out a request for information (RFI) on body camera software. Turn Key Mobile won the RFI with the Panasonic system meeting the following needs of the Department: 1) ability to record for ten hours and store the data for 30 hours, 2) camera automatically activates when lights or sirens are on, and 3) footage is backed up if a loss of power occurs. Major Luster advised that the Department is very confident in the Panasonic system.
In response to a question, Major Luster advised that the Harris County, Texas Sherriff’s Department uses the Panasonic system, along with the Tulsa, Oklahoma Police Department, the Missouri State Highway Patrol, and the Corpus Christi, Texas Police Department.
Major Luster advised that once the funding is received, equipment will be purchased. The Digital Technology Section, Research and Development Division, Information Technology Section will be highly involved in the implementation of the body cameras.
In response to a question, Major Luster advised that the approximate life of a body camera is seven years, and the Department will start to re-evaluate the software at the four-year mark.
The Board and Chief Smith thanked the DeBruce Foundation for providing funding for the purchase of body cameras.
Acting Deputy Chief Greg Dull presented a Power Point on Campaign Zero’s 8 Can’t Wait Program. The eight actions call for: 1) Banning the use of chokeholds and all other neck restraints, 2) Requiring officers to de-escalate situations, where possible, by communicating with subjects, maintaining distance and eliminating the need to use force, 3) Requiring officers to give a verbal warning in all situations before using deadly force, 4) Requiring officers to exhaust all other alternatives, including non-force and less lethal force options, prior to resorting to deadly force, 5) Requiring officers to intervene and stop excessive force used by other officers and report these incidents immediately to a supervisor, 6) Banning officers from shooting at moving vehicles, 7) Restricting the most severe types of force to the most extreme situations and creating clear policy restrictions on the use of each police weapon and tactic, and 8) Requiring officers to report each time they use force or threaten to use force against civilians, including requiring officers to report whenever they point a firearm at someone.
Acting Deputy Chief Dull advised that the Department agrees that chokeholds and strangleholds have a poor track record of causing injury or death. The KCPD does not authorize use of chokeholds or strangleholds. The Department instead uses a Lateral Vascular Neck Restraint and the related Front Neck Control technique. He also advised that de-escalation was formally incorporated into the Department’s Response to Resistance policy in 2016. Mental Health Awareness/De-escalation Training is also required for all Patrol Bureau supervisors and officers.
KCPD teaches that whenever possible, a verbal warning/challenge should be given prior to using deadly force. The Department recognizes that in some situations, officers are sometimes confronted with situations in which taking the extra time to give a verbal warning prior to using deadly force, adding a minimum of .75 seconds to their threat response, would increase the danger to innocent civilians and/or officers. A realistic alternative to this proposal would be to set forth a guideline for officers to give a verbal warning when possible.
KCPD guidelines for deadly force authorizes members to use deadly force in order to protect themselves or others from what they reasonably believe is an immediate threat of death or serious bodily harm. Acting Deputy Chief Dull advised that time is key, and officers are trained to cycle through all of their options, to include simply leaving or not responding at all to a situation, prior to using any force.
The Department’s Code of Ethics & Rules of Conduct policy requires officers to immediately report incidents of excessive force to a supervisor. Acting Deputy Chief Dull advised that in the Department’s ongoing efforts to improve and be responsive to the community’s concerns, the Department has initiated the process for updating the policy to incorporate explicit language regarding a duty to intervene.
The Department’s firearms policy states that “sworn members generally should not discharge a firearm at a moving vehicle or from a moving vehicle unless the need to use deadly force is immediate.” Acting Deputy Chief Dull advised that in some instances, such as a car driving into a large crowd of people causing bodily to injury to innocent people, firing into a moving vehicle would be warranted.
The Department has policies regarding non-deadly use of force and deadly use of force. The KCPD’s Response to Resistance policy requires reporting of all significant uses of force, any force that results in injury or death of a subject or officer, and any unusual force.
Chief Smith spoke about the recent protests throughout the City. He advised that on the evening of Friday, May 29, 2020, officers used oleoresin capsicum spray (O.C. spray or pepper spray), a mild irritant, to control subjects at the protests. No tear gas was used on May 29, 2020. On the evening of Saturday, May 30, 2020, the protests became more violent and chaotic, and the Department declared an unlawful assembly. Glass bottles, rocks, and frozen water bottles were thrown at officers causing injuries. Chief Smith noted that multiple civilians entered the crowds, armed with body armor and firearms. Individuals also began looting from stores on the Plaza. Numerous individuals did not comply with officers when they were asked to leave the Plaza.
Chief Smith advised the Department first used a smoke grenade in an attempt to clear the streets and get people to leave the area; the smoke grenade was unsuccessful. The Department then deployed tear gas (or CS gas) in the Plaza District to disperse the crowds. CS gas was also used near the intersection of Truman Street and Locust Street because protesters were gathering near I-670. Chief Smith advised that verbal warnings were given before CS gas was released. The use of CS gas has to be approved by a tactical commander.
Commissioner Tolbert advised that he attended the protests, and believes that officers need to utilize more de-escalation strategies. In response to a question about the deployment of OC spray, CS gas, bean bag rounds, and baton rounds, Chief Smith advised that every tool used by the Department was in response to an incident occurring at the protests. Chief Smith advised that the Department will be writing a policy on the First Amendment, outlining the Department’s duty at protests and other similar events.
There have been 54 comments received demanding the ban on chokeholds, strangleholds and knee holds. There have been 66 comments regarding the 8 Cant’ Wait Campaign. 41 emails were received calling for the termination of Chief Rick Smith. Three commenters expressed their thanks to KCPD for their professionalism. There were 41 comments submitted regarding Justice for Donnie Sanders and defunding the police, and 13 comments requesting additional actions from the Board, such as, 1) Terminate the officers involved in assaulting peaceful protesters, 2) Ban the Department’s use of pepper spray and tear gas, and 3) Divest and defund the police department. There were four comments regarding implementation of body cameras for all officers, and four comments regarding the Department’s use of force policy. Miscellaneous comments made up the other 42 emails received that covered requests for meeting information, video footage of force used at the protests, demands for the reconstruction of the police department, demilitarization of the KCPD, local v. state control, questions pertaining to Board Operations, etc.
A motion was made by Commissioner Dean, with a second by Commissioner Tolbert, to approve the minutes of the special open meeting on May 28, 2020. The vote was 5-0 in favor.
June 5, 2020, was presented to recommend approval of budget transfers. This budget transfer will affect the General Fund, Public Safety Sales Tax, Health Levy Fund, Police Grants Fund, and the Grants Special Revenue Fund.
A motion was made by Commissioner Tolbert, with a second by Commissioner Dean, to approve the budget transfers as presented. The vote was 5-0 in favor.
that this item is being held for a later date, and will not be reviewed at today’s meeting.
2020, was presented to recommend approval to update necessary signatures on UMB Bank and Greater KC Public Safety Credit Union Signature Cards. These signature changes are necessary to accommodate position changes in the Board.
A motion was made by Commissioner Tolbert, with a second by Commissioner Dean, to approve the necessary signature changes as presented. The vote was 5-0 in favor.
A motion was made by Commissioner Dean, with a second by Commissioner Tolbert, to approve the necessary signature changes as presented. The vote was 5-0 in favor.
A motion was made by Commissioner Dean, with a second by Commissioner Tolbert, to approve the annual maintenance for the Niche RMS System at a total cost of $329,520.00. The vote was 5-0 in favor.
A motion was made by Commissioner Dean, with a second by Commissioner Tolbert, to approve the DWI Saturation Enforcement Award in the amount of $167,500.00. The vote was 5-0 in favor.
A motion was made by Commissioner Dean, with a second by Commissioner Garrett, to accept the Midwest HIDTA Investigative Support Center Initiative MOU #G20MW0003A in the amount of $450,446.19. The vote was 5-0 in favor.
Deputy Chief True provided an update on the Communications Unit. She advised that the Communications Unit is currently staffed with 96 members, leaving ten vacant positions. There are currently 11 members in various stages of training.
Deputy Chief True advised that she had a last minute add-on item for the Board’s review. She presented a memorandum from the Acting City Manager dated June 5, 2020, requesting all City Departments participate in a Fiscal Year 2020-21 Budget Reduction Exercise. The memorandum states, “The COVID-19 pandemic and resulting emergency orders will result in significant reduction in various City revenue sources.” The exercise asks the departments to identify budget reductions in the amount of 4.5 percent that can be made to ensure financial stability; 4.5 percent of the Department’s budget is equal to approximately $10.8 million.
Deputy Chief True advised that the Department’s Budget Unit looked at several different scenarios, and only two options would allow for a $10.6 million budget reduction. To obtain a 4.5 percent reduction, the elimination of 212 positions would be necessary. This would include non-sworn civilian and sworn law enforcement positions. The specific positions are currently being evaluated, but the Department anticipates that 40 civilian and 172 law enforcement positions would be affected. This would be the equivalent of closing a busy police station, such as East Patrol, Metro Patrol, or Central Patrol. The positions affected would be entry-level positions that are currently vacant or would be vacated through attrition in the coming months with no civilian or law enforcement new hires.
The Department is expected to respond to the City Manager’s Office regarding the exercise by June 25, 2020 with their findings. The Board advised they would need additional time and information before a decision is being made. Deputy Chief True advised that it’s preferred to reduce 212 positions through vacancies and attrition, with only a small percentage coming from each station.
Acting Deputy Chief Dull presented the following consent agenda items:
A motion was made by Commissioner Dean, with a second by Mayor Lucas, to approve the consent agenda items as presented. The vote was 5-0 in favor. After the meeting, Commissioner Wagner pulled Project #1249 from the approval list because there were inconsistencies in that policy with what was subsequently discussed by the Board during the meeting.
Commissioner Garrett advised that the City is facing a serious gun violence problem. Deputy Chief Francisco noted that the number of rounds found at scenes have been astronomical. In response to a question from the Mayor, Deputy Chief Francisco advised that shooting trend and homicide rates are not unique to Kansas City; violent crime numbers are on the rise across the nation. Commissioner Tolbert spoke about an article he read regarding the Omaha Police Department and their recent decline of violent crime by 40 percent. Commissioner Tolbert would like KCPD to contact Omaha PD to discuss the initiatives they are using. Mayor Lucas advised that the Department’s weekly shooting review meetings have been a great addition.
Deputy Chief Wadle presented the Human Resources Personnel Summary dated June 2, 2020. For this time period, Department strength is 1,335 sworn law enforcement and 567 career civilians.
Deputy Chief Wadle thanked the members of the Human Resources Division for their efforts during the COVID-19 pandemic. He advised that members took initiative to become knowledgeable of the virus and disseminated educational information to Department members as it evolved. Deputy Chief Wadle advised that all Department members are now able to get tested for COVID-19 if they wish. To date, 216 Department members have been tested for COVID-19 and 18 members were positive; 14 of the positive members have returned to work, and four remain quarantined.
Deputy Chief Oakman presented the Traffic Summary for the month of May 2020. He advised that total citations in May 2020 totaled $12,681, and 66,538 citations have been issued year-to-date 2020. The average number of citations per stop in the month of May by Traffic Enforcement Officers was 1.35. There were 3,007 parking citations issued in May 2020, compared to 316 in April 2020. This increase is due to the City reopening and more traffic in the Downtown area. Interstate 435 at Holmes Road continues to be the City’s highest crash location. There have been 35 fatality accidents to-date 2020, compared to 22 at this time last year; 69 percent of the fatalities have been males, and 67 percent did not use a seatbelt safety device.
Deputy Chief Oakman spoke about uniforms that officers wore during the recent protests due to multiple comments regarding officers dressed in “riot gear.” He advised that a majority of the frontlines were covered by on-duty patrol officers. These officers wore their normal patrol uniforms, French blue shirt with navy blue pants, and a helmet. The helmets were worn to prevent injuries to their head by objects being thrown at them. Tactical officers were also present at the protests. Tactical officers wore their issued uniforms which are black shirts, black vests, and an outer bulletproof vest. Multiple local law enforcement agencies and the Missouri Highway Patrol were also present at the protests, and their uniforms differ from KCPD’s.
Deputy Chief Oakman noted that the Department maintained adequate staffing during the protests, and responded to approximately 25,000 calls for service not related to the protests.
Director Bennekin advised that the OCC’s semi-annual report will be presented at the Board meeting on July 7, 2020. The OCC will present an update to its strategic objectives, year-to-date statistics for the first six months of 2020, overview of the impact that COVID-19 has on OCC’s operations, research on and recommended protocols for the requested internal complaint mechanism, and a proposal for an agency website that will serve as a clearing house for up-to-date statistical data, outreach information, and will provide a direct link for filing complaints.
In response to a question regarding officer on officer complaints, Director Bennekin advised that the OCC forwards whistleblower complaints to command staff for their review. Commissioner Tolbert put forth a motion for whistleblower complaints to be reviewed by the Board during closed session meetings. Director Bennekin advised that this measure could be put into place, but would need to be written in an official policy. Mr. David Kenner advised that this would be subject to modification with the memorandum of agreement with the FOP. Chief Smith agreed that labor has the right to weigh-in before policies are written or updated.
Commissioner Tolbert expressed the need for officers to have a confidential outlet to report another member’s actions. Commissioner Dean advised that effectively immediately, Department members that wish to submit a whistleblower complaint is free to do so through the Office of Community Complaints. Their allegations/statements will be kept confidential and will be reviewed exclusively by the Board. Director Bennekin advised he would put the information in the Department’s Daily Informant email.
Director Bennekin advised that the Office of Community Complaints does not investigate any complaint that alleges criminal behavior. Such complaints are forwarded on to the appropriate investigative entity. Mayor Lucas advised that he will be presenting a Resolution for consideration including the above-referenced items. Mr. Kenner reminded the Board that all policies are subject to consultation with the FOP. Mayor Lucas advised he would send his Resolution to the FOP prior to the next Board meeting.
Mayor Lucas also spoke about the use of tear gas, and would like to see a more heightened standard.
Commissioner Garrett advised that watching the George Floyd video was barbaric to human life. He advised that the men and women of KCPD see it the same way. He stands with the strong men and women on while they continue protecting and serving the citizens of Kansas City.
Commissioner Garrett also spoke about the mental health crisis that the police continue to respond to on a daily basis, and the need for additional resources to address this problem.
Board Hearing:
In Re: The Matter of the Disciplinary Proceedings of:
P.O. James Peeler #5706
THIS MEETING HAS BEEN CONTINUED FROM ITS CURRENT SETTING OF APRIL 7, 2020, AND WILL BE RESET FOR A FUTURE DATE TO BE DETERMINED BY THE BOARD.
Regular Meetings:
July 7, 2020, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
August 25, 2020, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
September 29, 2020, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
October 27, 2020, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
November 10, 2020, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
December 8, 2020, 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 Dean, and by vote indicated below, to adjourn its open meeting at 1:42 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 November 5, 2019, 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, June 16, 2020, at KCPD Headquarters, Community Room, 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 Don Wagner - Aye
Commissioner Mark Tolbert - Aye
Commissioner Cathy Dean - Aye
Commissioner Nathan Garrett - Aye
Mayor Quinton Lucas - 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 June 16, 2020:
The Board went into closed session at 1:49 a.m.
1) Following a motion by Commissioner Garrett and a second by Commissioner Dean, the Board voted to authorize certain settlement authority in the claim of Christa Curry in an amount not to exceed $___.1 The vote was 5-0 in favor. Following polling, Mayor Lucas voted Aye, Commissioner Wagner voted Aye, Commissioner Dean voted Aye, Commissioner Tolbert voted Aye, and Commissioner Garrett voted Aye.
2) Following a motion by Commissioner Dean and a second by Commissioner Garrett, the Board voted to approve the application for continued employment of Police Officer Mitchell Atwood. The vote was 5-0 in favor. Following polling, Mayor Lucas voted Aye, Commissioner Wagner voted Aye, Commissioner Dean voted Aye, Commissioner Tolbert voted Aye, and Commissioner Garrett voted Aye.
3) Following a motion by Commissioner Dean and a second by Commissioner Tolbert, the Board voted to approve the Duty Related Disability Retirement of xxxx [Name redacted for privacy and confidentiality reasons]. The vote was 5-0 in favor. Following polling, Mayor Lucas voted Aye, Commissioner Wagner voted Aye, Commissioner Dean voted Aye, Commissioner Tolbert voted Aye, and Commissioner Garrett voted Aye.
4) Following a motion by Commissioner Dean and a second by Commissioner Tolbert, the Board voted to approve the minutes of the closed session of the Board of Police Commissioners on May 12, 2020, and June 4, 2020. The vote was 5-0 in favor. Following polling, Mayor Lucas voted Aye, Commissioner Wagner voted Aye, Commissioner Dean voted Aye, Commissioner Tolbert voted Aye, and Commissioner Garrett voted Aye.
5) Following a motion by Commissioner Garrett and a second by Commissioner Tolbert, the Board voted to come out of closed session and adjourn. The vote was 5-0 in favor. Following polling, Mayor Lucas voted Aye, Commissioner Wagner voted Aye, Commissioner Dean voted Aye, Commissioner Tolbert voted Aye, and Commissioner Garrett voted Aye.
The meeting adjourned at 2:45 p.m.
President
Secretary/Attorney