November 13, 2018, Meeting

Publish Date 11/13/2018

MINUTES OF THE
BOARD OF POLICE COMMISSIONERS MEETING
TUESDAY, NOVEMBER 13, 2018

A meeting of the Board of Police Commissioners of Kansas City, Missouri was held on Tuesday, November 13, 2018, at KCPD Headquarters, Community Room, 1125 Locust Street, Kansas City.

PRESENT:

Commissioner Nathan Garrett, President
Commissioner Mark Tolbert, Member
Mayor Sylvester “Sly” James, Jr., Member
Mr. David V. Kenner, Secretary/Attorney
Richard C. Smith, Chief of Police

ABSENT:

Commissioner Leland M. Shurin, Vice-President
Commissioner Don Wagner, Treasurer

This meeting was called to order at 9:39 a.m. by Commissioner Garrett. Dispatcher Carrie Brown led the Pledge of Allegiance. Chaplain John Miles provided the invocation.

  1. Chief Richard C. Smith. Chief Smith attended the Major City Chiefs’ Meeting earlier this month, and learned about a partnership between the Police Athletic League (PAL) and the National Football League (NFL). The program sends PAL members to area NFL games. Chief Smith thanked the Kansas City Chiefs for partnering with the Kansas City, Missouri Police Athletic League. The Kansas City, Missouri PAL program took twelve of its members to the Kansas City Chiefs v. Arizona Cardinals game on November 11, 2018. Chief Smith advised that the program will sponsor a different set of kids at each home game.

Chief Smith advised that overall crime in Kansas City is trending down. After discussions at the Major City Chiefs’ Meeting, one city that continues to see an increase in crime is Denver, Colorado. During the meeting, major city chiefs spoke about the legalization of marijuana in Colorado and the effects it has had on area crime. Chief Smith advised that the Department is being vigilant of the situation as discussions are occurring regarding legalization of marijuana in Missouri, to be aware of what may come if the laws change.

  1. Public Comments. Mr. Allen Davis expressed his concerns of procedures that were used on him by officers during a recent arrest. Mr. Davis believes he was compliant and that the officer used excessive force. Mr. Davis was provided with a community complaint form.
  2. Approval of minutes. A motion was made by Mayor James, with a second by Commissioner Tolbert, to approve the minutes of the open meeting on October 9, 2018. The vote was 3-0 in favor.
  3. Fraternal Order of Police Lodge 99. Sergeant Brad Lemon spoke about the Pension Task Force. The Task Force will meet in May 2019, and provide Department members with a report detailing information regarding potential changes in the pension.

Sergeant Lemon advised that the FOP partnered with Kansas City Police Friends & Family to sponsor the Annual Trunk or Treat on October 21st and October 25th. The FOP will sponsor the Retirees’ Luncheon at the end of the month. On November 24, 2018, the FOP will take 125 children Christmas shopping at Ward Parkway Mall.

  1. Executive Services Bureau. Deputy Chief Roger Lewis presented the following items for Board approval:
    a.  Budget Transfers for Fiscal Year 2018-19. A memorandum dated November 1 , 2018, was presented to recommend approval of budget transfers. This budget transfer will affect the Police Grants Fund, the Special Services Special Revenue Fund, and the Grants Special Revenue Fund.

A motion was made by Mayor James, with a second by Commissioner Tolbert, to approve the budget transfers as presented. The vote was 3-0 in favor.

b.  Supplemental Appropriations for Fiscal Year 2018-19. A memorandum dated October 31, 2018, and City Ordinance 180792 was presented to the Board, to recommend acceptance of the supplemental appropriation of $100,000 from the Justice Assistance Grant Fund, in support of case workers.

A motion was made by Mayor James, with a second by Commissioner Tolbert, to approve the supplemental appropriation as presented. The vote was 3-0 in favor.

c.  Supplemental Appropriations for Fiscal Year 2018-19. A memorandum dated October 31, 2018, and City Ordinance 180788 was presented to the Board, to recommend acceptance of the supplemental appropriation of $350,000 from the Public Safety Sales Tax fund balance. The Department will use these appropriations for technology improvements, equipment, and training.

A motion was made by Mayor James, with a second by Commissioner Tolbert, to approve the supplemental appropriation as presented. The vote was 3-0 in favor.

d.  Supplemental Appropriations for Fiscal Year 2018-19. A memorandum dated October 31, 2018, and City Ordinance 180817 was presented to the Board, to recommend acceptance of the supplemental appropriation of $185,000 from the General Fund and the Special Services Special Revenue Fund. The Department will use these appropriations to purchase tactical weapons and match funds from the Police Foundation.

A motion was made by Mayor James, with a second by Commissioner Tolbert, to approve the supplemental appropriation as presented. The vote was 3-0 in favor.

e.  Supplemental Appropriations for Fiscal Year 2018-19. A memorandum dated November 2, 2018, and City Ordinance 180836 was presented to the Board, to recommend acceptance of the supplemental appropriation of $406,650 from the Equipment Lease Capital Acquisition Fund. The Department will use these appropriations for the purchase of a new robot to support special operations elements.

A motion was made by Mayor James, with a second by Commissioner Tolbert, to approve the supplemental appropriation as presented. The vote was 3-0 in favor.

f.  KA-Comm Contract Renewal. A memorandum dated November 13, 2018,

was presented to recommend approval of a one-year contract extension with KA-Comm for the period of December 1, 2018 to November 30, 2019. KA-Comm is the current Department provider for installation of law enforcement emergency equipment. The Department believes KA-Comm to be an outstandingly responsive partner to KCPD, and the Communications Support Unit endorses their retention as a provider. The estimated expenditure is $297,885.08 based on historical data.

A motion was made by Mayor James, with a second by Commissioner Tolbert, to approve the one-year contract extension with KA-Comm at an estimated expenditure of $297,885.08. The vote was 3-0 in favor.

g.  Paul Coverdell Forensic Science Improvement Grants Program. A memorandum dated November 13, 2018, was presented to recommend acceptance of the award from the Office of Justice Programs National Institute of Justice for the Paul Coverdell Forensic Science Improvement Grants Program 2018-CD-BC-0067, in the amount of $200,736.00. The time period for this award is January 1, 2019 through December 31, 2019. This is the third year of funding for this award. The award provides funding for equipment for the Crime Lab.

A motion was made by Mayor James, with a second by Commissioner Tolbert, to accept the award from the Office of Justice Programs National Institute of Justice for the Paul Coverdell Forensic Science Improvement Grants Program 2018-CD-BC-0067, in the amount of $200,736.00. The vote was 3-0 in favor.

h.  DNA Capacity Enhancement and Backlog Reduction Award. A memorandum dated November 13, 2018, was presented to recommend acceptance of the award from the Office of Justice Programs National Institute of Justice for the DNA Capacity Enhancement and Backlog Reduction (CEBR) 2018-DN-BX-0047, in the amount of $472,714.00. The time period for this award is January 1, 2019 through December 31, 2020. This is the 16th year of funding for this award. The award provides funding for personnel, contract services and equipment for the Crime Lab.

A motion was made by Mayor James, with a second by Commissioner Tolbert, to accept the award from the Office of Justice Programs National Institute of Justice for the DNA CEBR 2018-DN-BX-0047, in the amount of $472,714.00. The vote was 3-0 in favor.

Deputy Chief Lewis provided an update on the Communications Unit. He advised that to-date 2018, the Call Center has received 814,698 calls, and 469,000 of them were received through the 911 system. The 911 hold time for the month of October was 21 seconds, compared to 28 seconds in October 2017. The Department’s hold time goal is below ten seconds. Deputy Chief Lewis advised that the Communications Unit is currently staffed with 98 members, leaving eight vacant positions. A group of four call takers are completing their on-the-job training, and a group of six call takers has begun the classroom portion of their training. In response to a question regarding the eight vacant positions, Deputy Chief Lewis advised that the Department is only hiring the most qualified people for these positions.

  1. Professional Development and Research Bureau. Deputy Chief Bob Kuehl presented the Academy Class Summary for November 2018.

Deputy Chief Kuehl requested Board approval for the following consent agenda items:

  1. Project #1036: Transfers of Members
  2. Project #1024: Leave Without Pay
  3. Project #1132: Residency Requirements
  4. Project #958: Clandestine Laboratory Operations
  5. Project #1159: Peer Support Team Program

Major Scott Caron explained the process of reviewing Department policies

every five years to ensure consistency and safe practice. A motion was made by Mayor James, with a second by Commissioner Tolbert, to approve the consent agenda items as presented. The vote was 3-0 in favor.

  1. Investigations Bureau. Deputy Chief David Bosworth presented the Investigations Bureau report for October 2018. Deputy Chief Bosworth advised that to-date in 2018, there have been 115 homicides, compared to 132 at this time last year. Deputy Chief Bosworth advised that to-date 2018, there have been 392 shooting victims identified, compared to 446 at this time last year. There were 34 drive by shootings in October 2018, compared to 31 in October 2017. Drive by shootings are down approximately six percent for the year. The Department has recovered 1,853 firearms year-to-date, and has submitted 166 felon-in-possession cases. Heroin seizures are down for the last 18 months, but opiods seizures are up; cocaine seizures are also trending up.
  2. Administration Bureau. Deputy Chief Karl Oakman presented Board Resolution 18-07: Title VI Policy Statement for Board adoption. A motion was made by Mayor James, with a second by Commissioner Tolbert, to adopt Board Resolution 18-07: Title VI Policy Statement. The vote was 3-0 in favor.

Deputy Chief Oakman presented the Regional Criminalistics Division monthly statistics for November 2018 and the Human Resources Personnel Summary dated November 5, 2018. Crime Lab backlog continues to trend downward in all areas, except DNA. For this time period, Department strength is 1,298 sworn law enforcement and 549 career civilians. In response to a question, Deputy Chiefs Oakman and Kuehl explained that exit summaries are completed on all recruits that leave the Academy prior to graduation. In most circumstances, the member is offered a civilian position on the Department.

Deputy Chief Oakman provided a recruitment update. He advised that 92 people completed the pre-employment testing on October 27, 2018, at the Guadalupe Center. Of the 92 tested, there were 51 white males, 16 black males, nine Hispanic males, one Asian male, 11 white females, and four black females.

On October 22, 2018, four lateral transfers from Monterey, California, Overland Park, Kansas, and Virginia Beach, Virginia, started the Academy. Another lateral transfer class is expected to begin in December. A typical lateral class is 7 to 11 weeks long. Deputy Chief Oakman advised that the Department continues to see an increased interest in lateral transfers from surrounding agencies.

Deputy Chief Oakman also advised that the Sergeant’s Promotional Process is taking place this week.

  1. Patrol Bureau. Deputy Chief Sharon Laningham spoke about Department-sponsored events around the City during the month of October, such as Badges for Basics, Girl Scouts at North Patrol, Coffee with a Cop, Central Patrol Division/9 Highway Clean-up, Westside CAN Center Fall Festival, and various Trunk or Treats. Chief Smith advised that 1,000+ children attended each Trunk or Treat.

Deputy Chief Laningham presented the Monthly Crime and Offense Summary dated September 2018. She advised that response times for Priority 10 calls is 7.93 minutes; the goal response time for Priority 10 calls is 7.5 minutes. The response times for Priority 20 calls is 10.2 minutes; the goal response time for Priority 20 calls is 9 minutes.

Deputy Chief Laningham presented the Traffic Summary for the month of October 2018. There have been 47 alcohol and drug DUI city charges for the month of October 2018; to-date 2018 there have been 532 DUI charges. In addition to the 47 city DUI citations, there have been 38 cases submitted for State prosecution, bringing total DUI’s to 85. There have been 132,771 total citations issued year-to-date, compared to 99,505 at this time last year. There have been 19,277 city-wide crashes to-date in 2018, compared to 18,551 at this time last year. The Parking Control Section issued 4,236 citations in October 2018; the total number of parking control citations issued to-date 2018 is 29,122. The Commercial Vehicle Inspection Section made 999 stops in October 2018, taking 144 trucks out of service. To-date 2018, there have been 72 fatalities, compared to 85 at this time last year.

Deputy Chief Laningham presented the October 2018 Executive Summary. She advised that both calls received and calls dispatched are down.

  1. Office of Community Complaints. Senior Legal Analyst Karen Williams spoke about the National Association for Civilian Oversight of Law Enforcement (NACOLE) Annual Conference in St. Petersburg, Florida. There were 444 attendees from all over the world. Discussions focused on correctional oversight, auditing, the #MeToo movement, and homeless situations. Ms. Williams plans to study the Department’s social worker program and the impact it’s having on law enforcement oversight. She will present this topic to be discussed at next year’s NACOLE Conference in Detroit, Michigan.
  2. Secretary/Attorney David Kenner. A motion was made by Commissioner Tolbert, with a second by Mayor James, to renew a one-year contract with Andy Arnold for Lobbyist services. The vote was 3-0 in favor.
  3. Commissioner Mark Tolbert. Commissioner Tolbert requested more information on upcoming Coffee with a Cop dates and locations.
  4. Public Comments Continued. Ms. Yvonne Strother spoke about a recent burglary that has affected her family. She advised that she hasn’t been able to reach the detective that is assigned to her case. Chief Smith advised Ms. Strother that he will have Deputy Chief Bosworth meet with her immediately after the meeting.
  5. Scheduled meetings.

         The Board of Police Commissioners of Kansas City, Missouri has scheduled the following meetings:

December 17, 2018, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

January 8, 2019, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

February 12, 2019, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

March 19, 2019, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

April 9, 2019, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

May 14, 2019, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

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.

A motion was made by Commissioner Tolbert, with a second by Mayor James, and by vote indicated below, to adjourn its open meeting at 11:00 a.m. and reconvene in closed session as provided in the following resolution. Following a roll call, the vote was 3-0 in favor.

RESOLUTION

WHEREAS, notice of the board meeting of the Board of Police Commissioners was given on February 21, 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, November 13, 2018, 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 Mark Tolbert                         –        Aye
Mayor Sylvester “Sly” James                         –        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 November 13, 2018:

The Board went into closed session at 11:22 a.m.

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

 

 

1)      Following a motion by Commissioner Garrett and a second by Commissioner Tolbert, the Board voted to authorize certain settlement authority in a claim made by Brandon Finch, in an amount not to exceed $___.1   The vote was 3-0 in favor. Following polling, Commissioner Garrett voted Aye, Commissioner Tolbert voted Aye, and Mayor James voted Aye.

2)      Following a motion by Mayor James and a second by Commissioner Tolbert, the Board voted to approve the applications for continued employment of P.O. Mitchell Branch, P.O. Alan Roth, and Detective Laurie Borkowski. The vote was 3-0 in favor. Following polling, Commissioner Garrett voted Aye, Commissioner Tolbert voted Aye, and Mayor James voted Aye.

3)      Following a motion by Commissioner Tolbert and a second by Mayor James, the Board voted to approve the Non-Duty Related Disability Retirement of xxxx [Name redacted for privacy and confidentiality reasons]. The vote was 3-0 in favor. Following polling, Commissioner Garrett voted Aye, Commissioner Tolbert voted Aye, and Mayor James voted Aye.

4)      Following a motion by Commissioner Tolbert and a second by Mayor James, the Board voted to approve the minutes of the closed session of the Board of Police Commissioners on October 9, 2018. The vote was 3-0 in favor. Following polling, Commissioner Garrett voted Aye, Commissioner Tolbert voted Aye, and Mayor James voted Aye.

5)      Following a motion by Commissioner Tolbert and a second by Mayor James, the Board voted to come out of closed session and adjourn. The vote was 3-0 in favor. Following polling, Commissioner Garrett voted Aye, Commissioner Tolbert voted Aye, and Mayor James voted Aye.

The meeting adjourned at 1:43 p.m.

 

____________________
President

____________________
Secretary/Attorney

 

Board of Police Commissioners Minutes