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May 24, 2022 Meeting

Publish Date 05/24/2022

MINUTES OF THE

BOARD OF POLICE COMMISSIONERS

TUESDAY, MAY 24, 2022

 

 

A meeting of the Board of Police Commissioners of Kansas City, Missouri was held on Tuesday, May 24, 2022, in the Community Room at Police Headquarters, 1125 Locust Street, Kansas City.

 

PRESENT:

Commissioner Mark Tolbert, President

Commissioner Cathy Dean, Vice President

Commissioner Don Wagner, Treasurer

Commissioner Dawn Cramer, Member

Mayor Quinton Lucas, Member

Mr. David Kenner, Secretary/Attorney

Joseph Mabin, Chief of Police

 

This meeting was called to order at 9:27 a.m. by Commissioner Tolbert.  Sergeant Scott Selock led the Pledge of Allegiance.  Chaplain Susan McCann provided the invocation. 

  1. City Council Presentation. Councilman Brandon Ellington, 3rd District At-Large, was present on behalf of the City Council.  He spoke about an event in the City three weeks ago, held by Smoke Your Tires, Not Your Homies.  Mr. Desmound Logan of Cash Cars, LLC, is the founder of this event.  He was also present at the meeting.  Councilman Ellington advised that this event is held to bring the community together in a safe environment. 

Councilman Ellington stated that the group had a poor interaction with a Department member regarding the event.  He requested that the Department and Board be supportive of such events in the community.    Mr. Logan advised that the group has since met with a Community Interaction Officer, who has been supportive of the event. 

  1. Guest Presentations.   Mr. Joe Reardon of the Greater KC Chamber of Commerce presented the Community Feedback Report on a new chief of police.  Mr. Reardon explained that beginning in March 2022, a coalition of 16 organizations from local business, ecumenical, interfaith, and anti-violence communities convened to provide an effective platform for the public to engage in the new chief of police selection process.  There were a total of seven listening sessions across the City, and surveys sent to both community members and Department employees. 

            The Chamber provided an in-depth report in writing to the Board, but in the meeting they shared nine consistent themes they discovered: 1) the new chief needs to be engaged in the community, 2) the new chief needs to be an effective communicator, 3) data and best practices must be transparent and a key component of the new chief’s strategy and vision, 4) the new chief must develop and communicate a clear vision and strategy for the Department, 5) the new chief needs to address perceived issues of underlying racism within the Department, 6) the new chief needs to have a priority focus on training, with a particular emphasis on de-escalation and racial bias training, 7) the new chief needs to prioritize mental health within both the community and the Department, 8) the new chief needs to re-examine and improve the internal investigation process, and 9) the new chief must have the ability to navigate the political landscape. 

            Repeatedly, survey results show that honesty and integrity, developing meaningful solutions to community problems, and holding employees accountable are the top three leadership qualities that the community is seeking.  The community also expressed that building trust in the community, holding officers/staff accountable, and reducing homicides and other violent crime should be the new chief’s top three priorities.  The community believes the new chief’s top three qualifications should include practicing transparency and openness, record an accomplishment of reducing crime and promoting community safety, and experience utilizing de-escalation techniques.   Results from Department employees were similar, but also show that employees want a chief that is fair and equitable, promotes the development of staff, and increases the retention rate of police.

            The Board thanked the Chamber for their hard work and dedication to this process.  The Chamber stands ready to assist in the next steps of the hiring process.

  1. Crime Reporting/Gun Crime. Deputy Chief Mike Wood presented information

on monthly crime statistics.  He advised that to-date 2022, there have been 63 homicides, compared to 59 at this same time in 2021; the five-year average of homicides for this same time period is 55.  The Department has cleared 23 homicides this year.

As of May 15, 2022, there have been 158 non-fatal shootings year-to-date, compared to 172 for this same time period in 2021.  There were 39 non-fatal shootings in April 2022, compared to 44 in April 2021.  Deputy Chief Wood presented statistics on suspect and victim characteristics for the month of April 2022.

Deputy Chief Mabin advised that the Department recovered 278 firearms in April 2022, compared to 197 in April 2021.  He advised that a local group turned in a large amount of firearms this month.  The Department has recovered 848 firearms year-to-date 2022. 

            Deputy Chief Wood spoke about cases submitted for prosecution.  In April 2022, there were 306 cases submitted for prosecution; there were 265 cases submitted to Jackson County, 29 in Clay County, and 12 in Platte County.  Deputy Chief Wood reported that 118 of those cases were filed, and 109 cases were declined.

  1. Community Outreach. Deputy Chief Karen True introduced members from the Heart of America Kennel Club.  The Kennel Club presented a check to the Department in the amount of $8,500, to purchase a bomb detection dog.  The Board thanked the Kennel Club for their generous donation.

KCPD Social Worker Supervisor Tamara McIntosh and East Patrol Social Worker Kevin Wilson provided an update on social services referrals in the past month.  Ms. McIntosh advised that East Patrol is seeing an increase of homelessness, domestic violence, and out-of-state travelers.  She advised that the shelters across the City are full and resources are running thin. 

Mr. Wilson shared a story about a young artist he met in East Patrol’s Detention.  The young man was arrested for graffiti.  Through conversation, Mr. Wilson learned that the man used art as an outlet for his mental health.  Mr. Wilson was able to connect him with Truman Medical Center’s Healing & Arts Program.  The young man has since started mentoring at ArtsTech. 

Deputy Chief True spoke about the Department’s patrol saturations to reduce traffic fatalities.  To-date 2022, there have been 38 traffic fatalities across the City; only six of these occurred on highways, while the rest were on City streets.  Deputy Chief True explained that a majority of fatality accidents involve speed, impairment, and the non-use of seatbelts.  The Department will continue fatality reduction operations.

Deputy Chief Karen True presented a slideshow of photographs from events that KCPD was involved in this month, and provided a list of upcoming June events.

  1. Administration Bureau. Deputy Chief Michael Hicks provided an update on Department staffing.  As of April 30, 2022, Department strength was 1,681.  For this time period, there were 1,144 sworn law enforcement personnel, 512 career civilians, 20 police officer candidates, and five Board members.  An additional 19 police officer candidates have since began training.  Deputy Chief Hicks advised that the Department plans to have an Academy class with 60 KCPD recruits beginning in October 2022, and an additional class in January 2023.  

            In response to a question regarding the Communications Unit staffing, Deputy Chief Niemeier advised there are 23 vacancies in the Unit.  The Department said there are few applications coming in for these positions.  He advised that a job listing for the Department’s Supply Unit had more than 50 applicants for one position; the Communications Unit is not experiencing the same interest on their job listings.  Deputy Chief Niemeier believes the starting wage in the Supply Unit is lower than the starting wage in the Communications Unit, but will verify these numbers for the Board.

            Commissioner Dean stated that the Department needs to study the pay scale to determine if call takers and dispatchers need to be paid at a higher rate.  She also inquired about ideas to retain the current members of the Communications Unit.  Deputy Chief Niemeier advised that the Department recently adjusted the pay scales for the Unit.  He stated that mandatory overtime is the main cause for low morale in the Unit. 

            Commissioner Tolbert spoke about a personal experience and loss of a family member due to the 911 hold time.  He stressed the importance of increasing staffing and reducing hold times, so that other people in emergency situations do not lose their life because of a delayed response.  Commissioner Dean agreed that increasing the Communications Unit staff is a dire need.  

            Deputy Chief Hicks spoke about the Department’s new online reporting system.  The system allows individuals to report non-violent crimes to the police, such as non-injury vehicle accidents, lost property, theft, vandalism, etc.  Deputy Chief Hicks advised that this system will free up calls for service in the field, allowing officers to respond quicker to violent crime.  Online reporting systems have become a popular tool for police departments nationwide. 

  1. Executive Services Bureau. Deputy Chief Doug Niemeier presented the following items for Board approval:
  2. Budget Transfers for Fiscal Year 2022-23.  A memorandum dated May 10, 2022, was presented recommending approval of budget transfers.  This transfer will affect the 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 5-0 in favor.

  1. Jackson County Drug Tax Unit.  A memorandum dated May 13, 2022, was presented to recommend acceptance of the Jackson County Drug Tax Unit (COMBAT Commission) award in the amount of $3,467,689.00.  This funding will be utilized as the funding source for personnel, operation expenses, and the purchase of minor equipment. 

            A motion was made by Commissioner Dean, with a second by Commissioner Wagner, to accept the Jackson County Drug Tax Unit (COMBAT Commission) award in the amount of $3,467,689.00.  The vote was 5-0 in favor.

  1. Board Resolutions, Signature Cards, and Bank Pledge Agreements.  A memorandum dated May 12, 2022, was presented to recommend approval of necessary changes to UMB Bank and Greater KC Public Safety Credit Union board resolutions, signature cards, and bank pledge agreements, due to Chief Smith’s retirement. 

            A motion was made by Commissioner Dean, with a second by Mayor Lucas, to approve the necessary changes to banking documents.  The vote was 5-0 in favor.

  1. Ballistic Protection Vests, Bid No. 2023-11.  A memorandum dated May 13, 2022, was presented to recommend approval to award Bid No. 2023-11, Ballistic Protection Vests, to Ed Roehr Safety Products, with a potential total expenditure of $982,285.00.  The contract period is June 1, 2022, to May 30, 2023, and will provide 500 ballistic protection vests. 

            A motion was made by Mayor Lucas, with a second by Commissioner Dean, to award Bid No. 2023-11, Ballistic Protection Vests, to Ed Roehr Safety Products, at an estimated expenditure of $982,285.00.  The vote was 5-0 in favor.

  1. Thin Blue Line (TBL) Systems Inc. Renewal.  A memorandum dated May 10, 2022, was presented to recommend renewal of the Thin Blue Line (TBL) annual subscription, at a total expenditure of $463,524.37.  This system is used for writing, tracking, and storing electronic citations.

            A motion was made by Mayor Lucas, with a second by Commissioner Dean, to approve the renewal of the Thin Blue Line (TBL) annual subscription, at a total expenditure of $465,524.37.  The vote was 5-0 in favor.            

  1. Appropriation Reduction for Fiscal Year 2022-23.  A memorandum dated May 12, 2022, was presented to recommend an appropriation reduction in the amount of $522,305.00.  The Department received as part of its Fiscal Year 2022-23 appropriations totaling $522,305.00 for security at 18th & Vine.  It was determined that it is best suited to have the City’s General Services Department manage these services.

            A motion was made by Commissioner Dean, with a second by Mayor Lucas, to approve the appropriation reduction in the amount of $522,305.00, as presented.  The vote was 5-0 in favor.

  1. Professional Development and Research Bureau. Acting Deputy Chief Paul Luster presented the Basic Training Class Summary for April 2022.  He advised that the 174th Entrant Officer Class will graduate on August 18, 2022.  There are 19 KCPD recruits and eight recruits from outside agencies in this class.  The 175th Entrant Officer Class began training on May 16, 2022, and will graduate on November 22, 2022.  There are 19 KCPD recruits in that class as well.  Acting Deputy Chief Luster noted that a group of eight Department members will travel to Whiteman Air Force Base and Lincoln University in the near future for recruitment purposes.  He also noted that Channel 41 KSHB has gotten a lot of traffic on their news special following the 174th Entrant Officer Class.  They plan to do a 15-20 minute special on air in the near future.

Acting Deputy Chief Luster presented the following items for the consent agenda:

  1. Project 1305: Cellular Phones
  2. Project 1312: State Search Warrant Procedures
  3. Project 1333: Detaining & Questioning and Search & Seizure
  4. Project 1361: Employee Assistance Program (EAP)
  5. Project 1383: Unit Files
  6. Project 1387: Military Leave

A motion was made by Commissioner Dean, with a second by Mayor Lucas, to

approve Project 305, Cellular Phones, as presented.  The vote was 5-0 in favor.

            Commissioner Tolbert expressed concerns with Project 1312 and Project 1333, due to recent policing incidents in the country.  He requested these two items be held until the Board can have additional conversation regarding both policies.

            A motion was made by Commissioner Tolbert, with a second by Mayor Lucas, to send Project 1312, State Search Warrant Procedures, and Project 1333, Detaining & Questioning and Search & Seizure, back to Executive Committee for further discussion.  The vote was 5-0 in favor.

            A motion was made by Commissioner Dean, with a second by Mayor Lucas, to approve Project 1361, Employee Assistance Program (EAP), as presented.  The vote was 5-0 in favor.

A motion was made by Commissioner Dean, with a second by Mayor Lucas, to approve Project 1383, Unit Files, as presented.  The vote was 5-0 in favor. 

A motion was made by Commissioner Dean, with a second by Mayor Lucas, to approve Project 1387, Military Leave, as presented.  The vote was 5-0 in favor.

  1. Office of General Counsel. General Counsel Holly Dodge presented the April 2022 Private Officers Licensing Unit Monthly Summary.  In April 2022, there were 37 private officer license suspensions, four license denials, and one license revocation.

            Ms. Dodge presented the following Private Officer Licensing Appeals:

  1. Private Officer License Appeal of Brent M. Holland. A memorandum dated April 15, 2022, was presented to recommend the denial of the armed private security license of Brent M. Holland.  The basis for the denial is outlined in Title 17 of the Code of State Regulations Section 10-2.050(3)(O), which stipulates in part, “each applicant applying for a license under these provisions must meet these standards and may be denied if the applicant “provides other facts or actions which demonstrate that the applicant is unsuitable or ineligible for license.”  On February 2, 2022, Mr. Holland was terminated from the Riverside, Missouri Police Department.  On December 15, 2021, Mr. Holland contacted Riverside Police Department’s dispatch inquiring what it takes to ping a cell phone, and indicated he had not been able to contact his step-daughter for the past 24 hours.  He provided the cellular information and the name of his step-daughter, so the cell phone could be tracked.  This was a violation of Riverside Police Department’s policy, thus resulting in discipline.

            Mayor Lucas stated that while Mr. Holland did not use good judgment, he has served his punishment (termination).  He added that he does not perceive Mr. Holland as a threat, and would recommend overturning the Private Officer Licensing Unit’s decision.  Commissioners Wagner and Tolbert agreed.

            A motion was made by Mayor Lucas, with a second by Commissioner Wagner, to overturn the Private Officers Licensing Unit’s decision and grant the armed private security license of Brent M. Holland.  The vote was 4-1 in favor.  Following polling, Commissioner Wagner voted Aye, Commissioner Tolbert voted Aye, Commissioner Cramer voted Aye, Mayor Lucas voted Aye, and Commissioner Dean voted Nay. 

  1. Private Officer License Appeal of Sabrina R. Morgan. A memorandum dated May 11, 2022, was presented to recommend the denial of the unarmed private security license of Sabrina R. Morgan.  The basis for the denial is outlined in Title 17 of the Code of State Regulations Section 10-2.050(3)(O), which stipulates in part, “each applicant applying for a license under these provisions must meet these standards and may be denied if the applicant “provides other facts or actions which demonstrate that the applicant is unsuitable or ineligible for license.”  Ms. Morgan resigned in lieu of termination from the Clay County Sheriff’s Office, pending results of an investigation.  Ms. Morgan stated her resignation was in regards to a conflict with superiors regarding the treatment and death of an inmate at the Clay County Detention Center.  However, a sergeant from the Clay County Sheriff’s Office told the Private Officer’s Licensing Unit that Ms. Morgan was insubordinate to supervisors and made disparaging comments about other employees to inmates.

            A motion was made by Commissioner Dean, with a second by Mayor Lucas, to overturn the Private Officers Licensing Unit’s decision and grant the unarmed private security license of Sabrina R. Morgan.  The vote was 5-0 in favor.

  1. Public Comments. Douglas Kinney from More2 thanked the Chamber of Commerce for their work with the Community Feedback Project for the Chief of Police Process.  He advised that More2 has launched a petition for local control of the Department. 
  2. Approval of minutes. A motion was made by Commissioner Dean, with a second by Mayor Lucas, to approve the minutes of the open session meetings of the Board of Police Commissioners on April 19, 2022, and April 22, 2022.  The vote was 5-0 in favor. 
  3. Recap from Chief Joseph Mabin. In response to a previous question regarding the pay scales of Communications Specialists (call takers and dispatchers) and Inventory Specialists within the Supply Unit, Chief Mabin advised that the starting pay for Communication Specialists is $500/month higher than the positions in the Supply Unit. 

            Chief Mabin thanked the Heart of America Kennel Club for their donation of $8,500.00, to purchase a single purpose bomb canine. 

Chief Mabin stated that the Center for Disease Control (CDC) released a report this month regarding gun violence.  During the first year of the COVID-19 pandemic (2020), the country faced its highest firearm homicide rate in nearly 30 years.  During that time period, homicides with firearms increased by 35 percent.  Chief Mabin noted that more specifically, the report stated that the homicide rate for Black people between the ages of 10 to 24 years of age during this time was 21 times higher than White people in the same age range.  Further, the report stated housing stability, poverty rates, and similar inequities contribute to gun violence.  He advised that the Department is studying the report, and will continue efforts to reduce gun violence across the City.  Chief Mabin will send the full report to the Board.

Chief Mabin advised that the Department’s involvement in the Teens in Transition Program at ArtsTech is one of the many ways the Department works to reduce gun violence.  This program provides resources for struggling and high-risk teen students between the ages of 14-17 years of age.  The program focuses on life skills, job-readiness training, and conflict resolution.

The Department has participated in Teens in Transition since 2014.  This year the program will be led by the Department’s school resource officers, with assistance from ArtsTech, the Jackson County Prosecutor’s Office, and the Mayor’s Office.  The program will run weekly on Tuesdays through Thursdays, between May 31, 2022 and August 5, 2022.  The program is at capacity with 31 students from Northeast High School, Central High School, and the Police Athletic League.  Commissioner Wagner requested that the Department identify additional funding and resources to expand the program.

  1. Mayor Quinton Lucas. Mayor Lucas thanked Major Ortiz, Major Simons, the Department, and City Finance Director for their involvement in the Harvard-Bloomberg Foundation’s Conference in New York this month.  The conference focuses on long-term budgeting and collaboration issues.   Mayor Lucas has invited the group to share their final report with the Board at a future meeting.

            Mayor Lucas requested that the Department continued to review Federal grant applications for additional sources of funding.  He noted that Councilwoman Melissa Robinson has requested to expand the Westside CAN Center to Metro and East Patrol Divisions.  Mayor Lucas spoke about his visit to the White House with President Biden, Chief Mabin, Attorney General Merrick Garland, and other major city Chiefs of Police, regarding police department funding.

  1. Commissioner Dawn Cramer. Commissioner Cramer advised that she recently found a grant application for radios, and encouraged the Department to apply.  She inquired about hazard pay for Department members that worked during the COVID-19 pandemic.  She stated that the Fire Department received hazard pay, and inquired why the police did not.  Mayor Lucas stated that the American Rescue Funds (hazard pay) from the State are being used to purchase police radios. 
  2. Scheduled meetings. The Board of Police Commissioners of Kansas City, Missouri has scheduled the following meetings:

 

Board Disciplinary Hearing:

 

BOPC 21-02

THIS MEETING HAS BEEN CONTINUED FROM ITS CURRENT SETTING OF MAY 13, 2022, AND WILL BE RESCHEDULED FOR A FUTURE DATE TO BE DETERMINED BY THE BOARD.

 

Audit Committee Meeting:

 

Wednesday, June 22, 2022

10:00 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

Board Disciplinary Hearing:

 

BOPC 21-02

THIS MEETING HAS BEEN CONTINUED FROM ITS CURRENT SETTING OF MAY 13, 2022, AND WILL BE RESCHEDULED FOR A FUTURE DATE TO BE DETERMINED BY THE BOARD.

 

Regular Meetings:

 

June 28, 2022, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

July 12, 2022, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

August 23, 2022, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

September 27, 2022, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

October 25, 2022, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

November 15, 2022, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

December 13, 2022, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

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

 

February 21, 2023, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

March 28, 2023, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

April 25, 2023, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

May 23, 2023, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

June 27, 2023, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

            A motion was made by Commissioner Dean, with a second by Mayor Lucas, and by vote indicated below, to adjourn the open meeting at 12:01 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 July 21, 2021, 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 24 2022, 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 Don Wagner                                       -           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, May 24, 2022:

The Board went into closed session at 12:15 p.m. 

1)         Following a motion by Mayor Lucas and a second by Commissioner Cramer, the Board voted to approve certain settlement authority in connection with the lawsuit styled Mark Wynn v. Officer Jeremy Gragg, et al., in an amount not to exceed $___.[1]  The vote was 5-0 in favor.  Following polling, Commissioner Tolbert voted Aye, Commissioner Dean voted Aye, Commissioner Wagner voted Aye, Commissioner Cramer voted Aye, and Mayor Lucas voted Aye.

            Mayor Lucas left the meeting at 1:34 p.m.

2)         Following a motion by Commissioner Dean and a second by Commissioner Wagner, the Board voted to approve the applications for continued employment of Sergeant Dani Russell and Sergeant Herbert Robinson.  The vote was 4-0 in favor.  Following polling, Commissioner Tolbert voted Aye, Commissioner Dean voted Aye, Commissioner Wagner voted Aye, and Commissioner Cramer voted Aye.

3)         Following a motion by Commissioner Dean and a second by Commissioner Cramer, the Board voted to approve the minutes of the closed meeting on April 19, 2022.  The vote was 4-0 in favor.  Following polling, Commissioner Tolbert voted Aye, Commissioner Dean voted Aye, Commissioner Wagner voted Aye, and Commissioner Cramer voted Aye.

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

            The Board adjourned at 2:20 p.m.

____________________

_______________________                                                                   President

 

[1] The amount is redacted under § 610.021(1), R.S.Mo., because no final disposition of the matter has occurred.