MINUTES OF THE BOARD OF POLICE COMMISSIONERS MEETING TUESDAY, MAY 14, 2019
A meeting of the Board of Police Commissioners of Kansas City, Missouri was held on Tuesday, May 14, 2019, at KCPD Headquarters, Community Room, 1125 Locust Street, Kansas City.
PRESENT: Commissioner Nathan Garrett, President Commissioner Leland M. Shurin, Vice-President Commissioner Don Wagner, Treasurer Commissioner Mark Tolbert, Member Mr. David V. Kenner, Secretary/Attorney
ABSENT: Mayor Sylvester “Sly” James, Jr., Member Richard C. Smith, Chief of Police
This meeting was called to order at 9:35 a.m. by Commissioner Garrett. Sergeant Manuel “Manny” Anchondo led the Pledge of Allegiance. Chaplain William Gorman provided the invocation. Mayor James and Chief Smith had excused absences.
Awards and Commendations. The Life-Saving Award was presented to Officers Ronald Davis and Timothy Griddine. On February 28, 2018, Officers Davis and Griddine were dispatched to a call of a man sitting on the edge of a bridge near Union Station in the 2300 block of Grand. Upon arrival, they found the man crying and refusing to communicate with them, with his legs dangling over the train tracks below. The officers maintained a safe distance while Officer Griddine ordered more resources. At one point, the man did talk to them and told them he wanted to die.
Officers Davis and Griddine slowly moved toward the man to keep from alarming him. They spoke to him calmly as they did so. By this point, other officers had arrived on scene. As another officer talked to the man, Officers Davis and Griddine saw their opportunity. They rushed to him and pulled him to the ground, taking him safely into custody.
While the man was being assessed and loaded into an ambulance by emergency medical staff, he told Officers Davis and Griddine that he suffered from Post-Traumatic Stress Disorder and wanted to kill himself. Due to their judgment, timing and professionalism, the officers prevented the man from harming himself.
The Life-Saving Award was presented to Officer William Edwards. On September 14, 2018, Officer Edwards answered the call of a suspicious person near I-70 and 23rd Street. Officer Edwards saw the woman described by dispatchers walking along the 23rd Street ramp, and he tried to stop her from walking on the highway. She yelled at him to leave her alone, dropping her bags, and continuing to walk back up to 23rd Street.
Officer Edwards backed up the ramp to try talking with her again, and he tried to divert her attention to the bags she had dropped. She cursed at him and told him she wanted to kill herself. She ran back up onto the 23rd Street Bridge, and climbed up on top of the barrier at the edge. Officer Edwards blocked the street to create a safe space for them.
He got out and slowly walked toward the woman, who was now crying and looking at I-70 below her. She had one hand on a pole and a book in the other hand. Officer Edwards slowly approached her in such a way that she could not see him. She began to cry harder and took her hand off the pole, placing both of her hands on her face. When she leaned forward to look down at the I-70 traffic, Officer Edwards ran up behind her, grabbed her, and brought her back to the other side of the barrier to safety. The woman again told him she wanted to kill herself.
In the process of getting her to psychiatric treatment, Officer Edwards learned another police officer had contacted the woman earlier in the day and taken her for psychiatric help when she said she wanted to kill herself, but she had walked out before she could be assessed.
The Meritorious Service Award was presented to Detective Brandon Winders. Detective Winders served as a tactical enforcement officer at KCPD for 11 years. After four years with Tactical Response Team II, then-Officer Winders joined the Street Crimes Unit Tactical Enforcement Section 1920 Squad in 2011. In the seven years he spent in the 1920 Squad, he served more than 700 narcotic search warrants and never once received a sustained community complaint.
Detective Winders quickly became the primary point man in his Squad, and participated in the arrest of some of the City’s most violent and notorious offenders. Among them were two serial killers, a serial rapist, the Highway Shooter and five high-profile armed robbery crews. He endured frequent call-outs, long hours and time away from his family.
Sergeant Anthony Hernandez said Detective Winders is a peer leader, who was the first to volunteer for assignments. Despite the circumstances, Detective Winders was always professional with everyone he encountered. “By the very nature of the job he conducted, he was exposed to people when they were at their worst, but because he was able to show empathy to them, he gained their respect,” said Sergeant Hernandez.
The Certificates of Commendation were presented to Officers Luke Abouhalkah and Joshua Hartley. At approximately 1:00 a.m. on August 19, 2018, Officers Abouhalkah and Hartley were watching a crowd gather in the intersection of Westport Road and Pennsylvania while working off-duty security in the entertainment district.
As the crowd got thicker, the officers saw a fight break out on the southwest corner of the intersection. They ran toward the fight, and Officer Hartley saw a man actively fighting with and cursing at other people. As they approached the man, they saw the man reach for a gun at the front of his waistband. They reached the man just in time for Officer Abouhalkah to grab his right arm while Officer Hartley grabbed his left. The man struggled against the officers, and fell into a vehicle that was parked on the side of the road. This gave Officer Abouhalkah the chance to grab the gun out of the suspect’s waistband and safely secure it. Officer Hartley was then able to get the suspect under control and take him into custody.
The officers discovered the handgun was fully loaded, with a live round in the chamber. Their observation skills and quick actions likely prevented a tragedy from happening in Westport that night.
The Distinguished Service Medal was presented to Officer Cody Halterman. At 2:00 a.m. on July 8. 2018, Officer Halterman was providing off-duty security in the Westport Entertainment District. He was on foot among a large crowd that night, which had gathered in the intersection of Westport Road and Pennsylvania.
Without knowing what led up to it, Officer Halterman saw a man five to six feet away from him pull out a semi-automatic handgun and fire multiple shots. About 50 to 60 people were in the immediate area and took off running. Because of all the innocent bystanders, Officer Halterman knew he could not get a clear shot with his duty weapon to stop the active shooter. With great risk of his own safety, Officer Halterman ran after the shooter, who still had the gun in his hand. After a short foot chase, Officer Halterman tackled the suspect.
Despite having just tackled an armed, active shooter, Officer Halterman had the presence of mind to notice a man, who had been standing with the suspect at the time of the shooting, run by also armed with a gun. He was able to get Westport Security to the man quickly to get him into custody.
Two people were shot that night, but neither had life-threatening injuries. The gun the shooter had been using was stolen. His friend was a felon in possession of a firearm. Because of Officer Halterman’s brave actions that night, no one else was hurt.
The Board took a recess at 9:47 a.m. The meeting resumed at 9:57 a.m.
Acting Chief of Police Roger Lewis. Acting Chief of Police Roger Lewis spoke for Chief Richard Smith during his absence. Acting Chief Lewis introduced Captain Timothy Gaughan of the Uniform Committee. Captain Gaughan presented the new Class B uniforms for the Department.
These new uniforms are optional for officers to purchase, and will not replace the traditional Class B Department-issued uniforms. The uniforms are made out of polyester-cotton material, which is designed to keep officers cool during hot temperatures. The uniforms can also be machine-washed at home, rather than dry cleaned. The uniform shirts will remain French blue, with navy blue pants. However, the new pants will not feature the French blue stripe down the side of the leg. The badges and collar insignia on the new uniforms will be embroidered into the uniforms as patches, rather than pins.
Acting Chief Lewis advised that the Department’s Memorial Service will be at 10:00 a.m. on Thursday, May 23rd, at Police Headquarters.
Public Comments. Ms. Judy Rupard expressed her concerns regarding the possible disbandment of the Department’s Mounted Patrol Unit. Ms. Rupard believes that the horses work to control crowds effectively and professionally, and provide citizens with a true sense of safety. She stated that using funding as a reason to close the Unit would be a poor excuse, especially since there is a very generous private group that currently supports the Unit.
Approval of minutes.A motion was made by Commissioner Tolbert, with a second by Commissioner Wagner, to approve the minutes of the open meetings on April 9, 2019, and April 23, 2019. The vote was 4-0 in favor.
Fraternal Order of Police, Lodge 99.Sergeant Brad Lemon spoke about the 3rd Annual FOP Bowling Bash. The funds raised from the 8-hour event totaled approximately $50,000, and $15,000 of those funds were donated to the families of the fallen Wyandotte County Sheriff’s Deputies Theresa King and Patrick Rohrer. The remaining money was placed in the FOP’s memorial fund.
Sergeant Lemon thanked Department members for their presence at the State Law Enforcement Memorial Service. He advised that the FOP is hosting a BBQ at the Lodge from 11:00 a.m. to 7:00 p.m. on Thursday, May 16, 2019. Nationwide, the Department’s deferred compensation provider, along with the Wellness Unit will be present and available to meet with Department members.
Sergeant Lemon spoke about his concerns with the Department’s pension. He advised that for 12 years, the City has under-funded the Department’s pension by $120 million. He advised that after negotiations in 2015, the City started paying the required contributions into the pension system. Commissioner Shurin encouraged Sergeant Lemon to keep pushing for a fully-funded pension.
Executive Services Bureau.Deputy Chief Mark Francisco presented the following items for Board approval: a. Budget Transfers for Fiscal Year 2019-20. A memorandum dated May 3, 2019, was presented to recommend approval of budget transfers. This budget transfer will affect the General Fund, Police Grants Fund and the Grants Special Revenue Fund.
A motion was made by Commissioner Shurin, with a second by Commissioner Tolbert, to approve the budget transfers as presented. The vote was 4-0 in favor.
b. Arts Tech JAG 16 Subaward Agreement 2016-DJ-BX-0996. A memorandum dated April 30, 2019, was presented to recommend approval of a $150,000 subaward of the Justice Assistance Grant 2016-DJ-BX-0996 to ArtsTech to support the KC No Violence Alliance program. The period of performance for the subaward is June 1, 2018, through May 21, 2019. This subaward agreement is to ensure compliance with 2 C.F.R 200.331.
A motion was made by Commissioner Tolbert, with a second by Commissioner Wagner, to approve the subaward agreement as presented. The vote was 4-0 in favor.
Deputy Chief Francisco provided an update on the Communications Unit. He advised that the Communications Unit is currently staffed with 102 members, leaving four vacant positions. There are currently 23 applicants in the hiring process. A new call taker class will begin this month, and is expected to fill all of the vacancies. During the month of April, a number of experienced call takers transitioned into dispatcher training. Newly-hired members that recently finished call taker training filled the call taker vacancies. This resulted in the 911 hold time increasing from 13 seconds to 20 seconds for the month of April 2019. The hold time is expected to decrease as the new call takers become more experienced.
Professional Development and Research Bureau.Deputy Chief Robert Kuehl presented the Academy Class Summary for May 2019. He advised that the 165th Entrant Officer class, consisting of 28 KCPD recruits and 12 outside agency recruits, graduated from the Academy on May 9th. The 166th Entrant Officer class consists of 34 KCPD recruits and 10 outside agency recruits, and will graduate on September 12th. A new class will begin on June 17, 2019.
Deputy Chief Kuehl presented the following consent agenda items for approval: a. Project #1141: Probationary Officer Review Panel b. Project #1140: Field Training Officer Program
A motion was made by Commissioner Shurin, with a second by Commissioner Wagner, to approve the consent agenda items as presented. The vote was 4-0.
Deputy Chief Kuehl advised that the KCPD PAL Unit received recognition at the National PAL Conference earlier this month. The PAL Unit continues to set a world-wide standard for the organization. The Kansas City, Kansas Police Department is using the KCPD PAL Unit as a model.
Investigations Bureau. Deputy Chief Roger Lewis presented the Investigations Bureau report for April 2019. He advised that to-date 2019, there have been 49 homicides, compared to 44 at this time last year. Deputy Chief Lewis advised that the Investigations Bureau will be changing the motive verbiage on the Daily Homicide Analysis report to include contributing factors of homicides. In response to a question, Deputy Chief Lewis advised that the Department does not include fatal officer-involved shootings in the homicide rate.
There have been 35 non-fatal shootings in April 2019, compared to 39 in March 2019 and 34 in April 2018. To-date 2019, there have been 153 living shooting victims identified.
Deputy Chief Lewis advised that methamphetamine recovered this year totals 262.62 pounds, compared to 229.63 pounds at this time last year, for an increase of 14 percent; marijuana recovered this year totals 426.09 pounds, compared to 866.78 pounds at this time last year, for a decrease of 51 percent; heroin recovered this year totals 33.05 pounds, compared to 2.66 pounds last year, for an increase of 1,142 percent; prescription pills and opiates recovered this year totals 1,216 drug units, compared to 196 drug units last year, for an increase of 520 percent; and fentanyl recovered this year totals 2.9 pounds compared to zero pounds at this time last year for an increase of 100 percent. The Department has recovered 179 firearms to-date 2019, compared to 141 at this time last year.
There have been 145 drive by shootings in 2019, compared to 145 at this time last year. Deputy Chief Lewis noted that seven arrests related to drive by shootings have been made; however, these crimes are hard to solve.
Deputy Chief Lewis spoke about drug trends and statistics in the metropolitan area. The statistics come from the Department, as well as Midwest High Intensity Drug Trafficking Area (HIDTA). Midwest HIDTA consists of law enforcement agencies in a six-state and one-county region. Those included are Missouri, Kansas, Iowa, Nebraska, North Dakota, South Dakota, and Rock Island County, Illinois.
Deputy Chief Lewis advised that a majority of the violence, homicides, and assaults in the City and across the country stems from marijuana. He also advised that since the legalization of marijuana in Oregon, the state has experienced a 248 percent increase in homicides. He also spoke about the increase of “suicide loads.” Suicide loads are described as large amounts of unconcealed marijuana being transported in a vehicle, with the intent of being stopped by law enforcement personnel. If stopped, the arrest of the subject, recovery of the drugs, and tow of the vehicle causes law enforcement to be tied up for long periods of time, allowing free passage of many other drugs.
Deputy Chief Lewis stated that methamphetamine is the most popular illegal drug in the City. The Department is on pace to double methamphetamine seizures this year compared to last. Most of the methamphetamine in the country comes from Mexico as a liquid, and then is turned into a powder or crystalized in conversion labs all over the country.
Deputy Chief Lewis advised that the Department is on pace to have its largest increase in heroin seizures this year. Most of the heroin in the country comes from Mexico. Compared to other HIDTA programs across the country, the Midwest falls mid-range in heroin seizures, falling behind the Chicago, New York/New Jersey, Ohio, and Gulf Coast areas. The largest amount of heroin comes into the U.S. at the San Diego Valley.
Deputy Chief Lewis advised that there were no reported fentanyl seizures at the southwest border of the U.S. in 2015, and fentanyl wasn’t a problem in the Midwest until 2016. There was a large increase in seized fentanyl in the Midwest in 2017, due to a 118-pound seizure in Nebraska. The highest U.S. port of entry for fentanyl is the San Diego Valley. Fentanyl is a controlled substance that was originally developed as an anesthetic and pain reliever.
Deputy Chief Lewis advised there are voluminous quantities of cocaine being stored in Mexico. Semi-truck and cargo ship loads are known to be stocked and ready for the right time to move into the U.S. In November 2018, a cargo ship load of 18.5 tons (approximately $500 million worth) of cocaine was seized coming into the U.S. in Ft. Lauderdale, Florida.
Deputy Chief Lewis advised that on April 27th, the Department participated in the Drug Takeback Initiative, and 2,642 pounds of prescription drugs were recovered from citizens. Deputy Chief Lewis announced the retirement of Major Matthew “Tye” Grant of the Violent Crimes Division after 25+ years with the Department.
Administration Bureau. Deputy Chief Sharon Laningham presented the Regional Criminalistics Division monthly statistics for May 2019 and the Human Resources Personnel Summary dated May 2, 2019. For this time period, Department strength is 1,290 sworn law enforcement and 569 career civilians.
Deputy Chief Laningham advised that an Academy class with 33 KCPD recruits will begin on June 17th. Two former Kansas City, Kansas officers, and one former Missouri Highway Patrolman, will begin a lateral class during the first week of July. She also advised that there will be three sessions of Youth Police Academy this summer: June 17-21 at East Patrol Division Station, July 8-12 at the Regional Police Academy, and July 22-26 at South Patrol Division Station. Youth between the ages of 12-15 years of age are invited to attend.
Deputy Chief Laningham presented a memorandum dated May 6, 2019, to recommend approval of a one-year renewal to CompAlliance for the Workers’ Compensation and Psychological Services RFP 2018-02. The contract was made retroactive to January 1, 2018, through December 31, 2018, with the option to renew for three additional one-year periods. The one-year renewal will be made retroactive to January 1, 2019, through December 31, 2019.
A motion was made by Commissioner Shurin, with a second by Commissioner Tolbert, to approve a one-year renewal award to CompAlliance for the Workers’ Compensation and Psychological Services RFP 2018-02, as presented. The vote was 4-0 in favor.
Patrol Bureau. Deputy Chief Karl Oakman spoke about the community engagement events that the Department was involved in over the last month. Deputy Chief Oakman presented the Monthly Crime and Offense Summary dated March 2019. He advised that Department-wide response times continue to decrease.
Deputy Chief Oakman presented the Traffic Summary for the month of April 2019. There have been 53,464 total citations issued to-date 2019, compared to 49,598 at this time last year. Deputy Chief Oakman advised that the high-crash location of I-435 and Holmes Road is due to construction and lane merging. There have been 19 fatality motor vehicle accidents in to-date 2019, compared to 21 at this time last year; 74 percent of fatality crashes are males, and in 50 percent of the fatality crashes, there was no seatbelt used.
Office of General Counsel. General Counsel Jenny Atterbury presented the following Private Officer License appeals: a. Private Officer License Appeal, Mr. Ryan C. Applegate. A memorandum dated May 10, 2019, was presented to recommend the denial of the unarmed private security license of Mr. Ryan C. Applegate. The basis of the revocation is outlined in Title 17 of the Code of State Regulations, Section 10-2.055 (4), which stipulates, “All applicants seeking licensure for positions which firearms may be possessed must qualify annually with the firearm(s) on the department pistol range and under the supervision of the department’s firearms instructors. The firearms qualification standards shall be in accordance with those established by the department for its officers,” and Title 17 of the Code of State Regulations 10-2.060(8)(G), which stipulates “The Chief of Police of his/her designee may impose a fine, order probation, order suspension, or revoke a license of any company granted under section 84.720 of the Revised Statues of Missouri pursuant to the procedures set forth in section (10) of this rule, when there exists information that licensee, or if the licensee is an organization, any of its officers, directors, partners, or associates has, failed to meet the standards as set out herein.” On February 28, 2019, Mr. Applegate was working private security at Sunfresh, 3100 Prospect, armed with a 9mm firearm. Mr. Applegate was licensed as an unarmed private security guard with American Homeland Security after he failed to qualify with a firearm.
After discussion regarding Mr. Applegate’s 15-year career as a private security guard with no prior discipline, a motion was made by Commissioner Tolbert, with a second by Commissioner Wagner, to impose a probationary term, not to exceed five years, on Mr. Applegate’s career. The Private Officer Licensing Unit (POLU) is to use discretion when determining the length of probation for Mr. Applegate, and Mr. Applegate is to provide the Unit with his weekly work schedule so that he can be easily surveilled by the POLU. The vote was 4-0 in favor.
12. Office of Community Complaints. Senior Legal Analyst Karen Williams presented the Office of Community Complaints Annual Report. In 2018, the OCC received 277 complaints; 135 of those complaints were investigated by the Internal Affairs Unit, and the remaining 142 complaints were handled as non-investigated complaints (NIC’s). Fifty-eight percent of the NIC’s were closed due to non-cooperation from the complainant.
In 2018, 127 complaints were worked by the Office of Community Complaints. “Complaints worked” refers to complaints returned to the Office of Community Complaints after having been sent to the Internal Affairs Unit for investigation. Those complaints are not necessarily from the same calendar year, and do not include those complaints handled through mediation or conciliation. Of the 127 complaints worked, two complaints were sustained, 34 were non-sustained, 30 were exonerated, three were withdrawn, 27 were closed, and 31 were non-cooperative.
Senior Legal Analyst Williams advised that the number of complaints increased from 2017 to 2018. She believes this is due to the increased numbers of calls for service and self-initiated activity.
In September, the OCC will have its 50th anniversary; the Department’s OCC is the longest running community complaint office in the country.
13. Audit Committee Update.Commissioner Wagner provided an update on the Mounted Patrol Section audit. He advised that no major issues were found. Commissioner Wagner noted that since 2014, the Section consisted of one sergeant and six officers working from 0830 hours to 1630 hours, seven days a week. It was estimated that officers spent half of their eight-hour shift maintaining the horses, equipment, facility and vehicles. A three-year average suggested that the Section attends approximately 175 events each year. In 2018, the Section conducted 40 proactive neighborhood patrols.
The Section has an agreement with Kansas City Parks and Recreation to conduct 480 hours of City park patrols each year. Park patrols generally consist of two officers/horses conducting patrol in a City park for three to four hours at a time. Commissioner Wagner noted that in 2018, several Mounted Patrol Section members were on leave for various medical issues and FMLA; therefore, they did not meet their goal of 480 hours of park patrol.
14. Commissioner Leland Shurin. Commissioner Shurin encouraged the Department to obtain minority officers. He also expressed thanks to the Department civilians, and noted that their work does not go unnoticed.
15. Commissioner Nathan Garrett. Commissioner Garrett thanked Major Tye Grant for his years of service, and congratulated him on his retirement.
Scheduled meetings. The Board of Police Commissioners of Kansas City, Missouri has scheduled the following meetings:
Board Hearing: In Re: The Matter of Disciplinary Proceedings of P.O. Daniel Straub #5211 THIS MEETING HAS BEEN CONTINUED FROM ITS CURRENT SETTING OF MAY 10, 2019, AND WILL BE RESET FOR A FUTURE DATE TO BE DETERMINED BY THE BOARD.
Audit Committee Meeting: June 27, 2019, 9:00 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
Regular Meetings: June 11, 2019, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City
July 9, 2019, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City
August 20, 2019, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City
September 17, 2019, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City
October 22, 2019, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City
November 19, 2019, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City
December 10, 2019, 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 Shurin, and by vote indicated below, to adjourn its open meeting at 11:33 a.m. and reconvene in closed session as provided in the following resolution. Following a roll call, the vote was 4-0 in favor.
WHEREAS, notice of the board meeting of the Board of Police Commissioners was given on August 24, 2018, 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, May 14, 2019, 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 Nathan Garrett - Aye Commissioner Leland Shurin - Aye Commissioner Don Wagner - 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 May 14, 2019:
The Board went into closed session at 11:45 a.m. Mayor James and Chief Smith had excused absences.
1) Following a motion by Commissioner Shurin and a second by Commissioner Tolbert, the Board voted to approve the minutes of the closed sessions of the Board of Police Commissioners on April 9, 2019 and April 23, 2019. The vote was 4-0 in favor. Following polling, Commissioner Garrett voted Aye, Commissioner Shurin voted Aye, Commissioner Tolbert voted Aye, and Commissioner Wagner voted Aye.
2) Following a motion by Commissioner Shurin and a second by Commissioner Tolbert, the Board voted to go into special closed session. The vote was 4-0 in favor. Following polling, Commissioner Garrett voted Aye, Commissioner Shurin voted Aye, Commissioner Tolbert voted Aye, and Commissioner Wagner voted Aye.
3) Following a motion by Commissioner Shurin and a second by Commissioner Wagner, the Board voted to come out of special closed session and adjourn. The vote was 4-0 in favor. Following polling, Commissioner Garrett voted Aye, Commissioner Shurin voted Aye, Commissioner Tolbert voted Aye, and Commissioner Wagner voted Aye.