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August 31, 2021 Meeting

Publish Date 08/31/2021

 MINUTES OF THE

BOARD OF POLICE COMMISSIONERS

TUESDAY, AUGUST 31, 2021

 

 

A meeting of the Board of Police Commissioners of Kansas City, Missouri was held on Tuesday, August 31, 2021, 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 V. Kenner, Secretary/Attorney

ABSENT:

Richard C. Smith, Chief of Police

 

This meeting was called to order at 9:30 a.m. by Commissioner Tolbert.  Senior Legal Analyst Michael Walker led the Pledge of Allegiance.  Commissioner Tolbert provided the invocation. 

  1. Councilwoman Heather Hall. Councilwoman Heather Hall spoke about sensory kits, a tool for officers in the field when responding to individuals in a mental crisis, that were secured through a partnership with the FOP and Variety KC – A Children’s Charity.  The kits include items such as weighted blankets, headphones to cut sound, sunglasses, and other sensory tools.  These kits have proven to be a great benefit and tool for KCPD officers, resulting in other area law enforcement agencies joining in.  Councilwoman Hall advised that officers from Blue Springs, Independence, Parkville, and Platte, Clay, and Johnson Counties are now equipped with these necessary tools thanks to generous donations in support of this program.   

Councilwoman Hall advised that members of KCPD’s Crisis Intervention Team have been working with Summit Futures Foundation to organize an event at the Regional Police Academy on September 25, 2021, beginning at 1:00 p.m.  This is a Personal Safety ID event that will provide an opportunity for people with special needs to obtain a personal safety identification tag.  The tag will be equipped with a scan-able QR code that will display any pertinent information about that person’s health condition.  Councilwoman Hall explained that this program will soon expand to the elderly community as well.  The City of Kansas City Health Department and KCFD are helping with these efforts.

 Councilwoman Hall, along with Councilwoman Teresa Loar, introduced Ordinance 210761 last week.  Councilwoman Hall explained that this proposed ordinance appropriates $2,172,000 from the unappropriated balance of the General Fund to be placed in the budget of KCPD for the purpose of holding an up-to 104 person Academy class for the 2021-2022 Fiscal Year.  The goal for this proposed ordinance is to be passed out of Committee, and to get more police on the streets.  This would be a one-time expense funded by the American Recovery Plan Act.  Commissioner Dean thanked Councilwomen Hall and Loar for their support of this proposed ordinance, and hopes it passes in Committee.

Mayor Lucas discussed the need to address funding for the costs associated with police responses and services at KCI airport.

 In response to a question about publicity of the Personal ID Event, Councilwoman Hall advised that information about the event will be shared with local media outlets and various community organizations.  Commissioner Tolbert encouraged Councilwoman Hall to share this information with the local school districts.

  1. Prosecutor Report. Platte County Prosecutor Eric Zahnd and Clay County Prosecutor Daniel White presented a PowerPoint on Violence and Drugs in Kansas City.  Mr. Zahnd explained that data can only provide answers to the questions we ask, so rather than asking if drug crimes are associated with violence, we should ask if violent crimes are associated with drugs.  In Platte County, nearly 90 percent of non-vehicular homicides in the last five years were associated with drugs, and 75 percent of non-domestic assault, robbery, and weapon charges from KCPD in the year ending May 31, 2021, were associated with drugs.  In 2019 in Clay County, 731 drug possession cases were filed.  More than 81 percent of those cases have been resolved with a guilty plea; 217 remain pending.  Mr. Zahnd explained that to solve Kansas City’s violent crime problem, we must intervene before the violence occurs.

Mr. White explained that drug abuse is not victimless.  Drugs harm the users, users’ families, and in addition to the violence it causes, it also fuels non-violent crimes such as theft, burglaries, mail theft, catalytic converter thefts, porch pirates, pharmacy robberies, and neglect of children. 

Mr. Zahnd provided summaries on two different case studies.  One study included a person that was offered and attended drug treatment, the other did not.  The results of the drug treatment program were positive and prevented further crime. 

Mr. White explained that only one percent of Missouri prisoners are first-time, non-violent offenders, meaning that 99 percent of Missouri prisoners are repeat offenders, violent or sexual criminals, or people who failed on probation.  First-time offenders do not go to prison, but instead are placed in drug treatment courts, diversion, or other interventions, often times without any criminal record. 

Mr. Zahnd explained that police and prosecutors are not legislators.  They should use discretion in individual cases, but not refuse to enforce entire classes of crime.  Mr. Zahnd and Mr. White insisted that drug cases must consistently be referred to prosecutors so they can prevent violence, not just respond after someone is hurt by crime.

Mayor Lucas thanked both prosecutors for the outstanding presentation.  Mayor Lucas spoke about his plan to meet together with all Kansas City prosecutors.  He also inquired about jail space in Platte and Clay Counties.  Both prosecutors advised that they are not seeing issues with jail space and are not having issues trying drug cases.  They explained that they cannot refer people to treatment without drug cases.  Refusing to enforce drug crime would be a terrible disservice to the community.  The Board thanked the prosecutors for their time and presentation.     

  1. Crime Reporting/Gun Crime. Deputy Chief Joseph Mabin presented information on monthly crime statistics.  He advised that to-date 2021, there have been 103 homicides compared to 133 at this same time in 2020.  There were 103 homicides at this time in 2019, 91 in 2018, and 101 in 2017.  KCPD has cleared 59 homicides this year.  To-date 2021, there have been 312 non-fatal shootings, compared to 435 at this time last year.  Deputy Chief Mabin advised that there were 71 non-fatal shootings in July 2021, compared to 65 in July 2020.

            The Department recovered 219 firearms in July 2021, compared to 210 in July 2020.  Year-to-date 2021, the Department has recovered a total of 1,383 firearms.  In response to a question about recovered firearms, Deputy Chief Mabin explained that a lot of them have been previously reported as stolen, but there are some that have been purchased legally.

            Commissioner Wagner spoke about the increasing nationwide homicide numbers.  He commended KCPD for their efforts in fighting violent crime in Kansas City that has resulted in a decrease in City-wide homicides compared to years past. 

            Deputy Chief Karen True provided an update on fentanyl.   She explained that Kansas City, and nationwide, officers are seeing an increase in fentanyl on the streets.  Illicit fentanyl is being manufactured in foreign labs, illegally imported into the United States, and sold in the illegal drug market.  Fentanyl in the smallest dose can be lethal.  Deputy Chief True advised that officers are seeing illegal narcotics and opioids laced with fentanyl.  Users are taking pills laced with fentanyl to get a temporary high, experience euphoria, relaxation, and pain relief.     

            Deputy Chief Mabin spoke about cases submitted for prosecution.  In July 2021, there were 366 cases presented for prosecution; 128 of those cases were filed.  Deputy Chief Mabin that there were 186 prosecution declinations last month; 109 of those cases were narcotics-related.  Since these drug cases were declined in Jackson County, 109 people did not receive drug treatment.  Deputy Chief Mabin advised that KCPD will continued submitting all cases, including drugs. 

            Mayor Lucas inquired about municipal prosecution related to drugs.  Deputy Chief Mabin advised that there is currently no city charge for cocaine, heroin, fentanyl, etc.  Mayor Lucas asked if the Department believes a municipal charge for drugs would be beneficial.  Deputy Chief Mabin answered yes. 

  1. Community Outreach. Community Media Liaison Cher Congour spoke about KCPD’s weekly news show, 10-41.  10-41 is a news show that is broadcasted on KCPD’s YouTube channel.  The show offers a behind-the-scenes look at KCPD’s functions, to include specialized units.  The show provides an opportunity for the community to learn about the Department, and also includes a “Be on the Lookout” or B.O.L.O. report, that includes information such as area road closures, wanted persons or TIPS Hotline information, weekly crime statistics, etc. 

Ms. Congour played a clip from a recent 10-41 episode.  Commissioner Tolbert thanked Ms. Congour for her efforts in producing this show.  He believes that is a great and very informative program, and encouraged more publicity of the show.  Commissioner Cramer recommended playing this show in local schools as part of the D.A.R.E. and G.R.E.A.T. programs.

Major Mark Folsom and members of the KCPD Explorer Post #8600 presented information on the Explorer Program.  The Explorer Program provides an opportunity for youth interested in careers in law enforcement, to work alongside veteran police officers and get a behind-the-scenes look at the functions and facilities of the Department.  The program is open to young women and men between the ages of 14-20, with a 2.0 GPA or higher, that live in the Kansas City metropolitan area can participate in the program.  This is a partnership with the Boy Scouts Heart of America Counsel.

            KCPD Explorer Abby spoke about her involvement in the program, and the mentorship it has offered her.  She thanked the KCPD for this opportunity and information provided that has prepared her for a future career in law enforcement.  Commissioner Cramer thanked Major Folsom and the Explorers for the wonderful presentation.  She expressed the importance of this program for the future leaders in our community and the positive image this presents.  She encouraged the audience and members to spread the word about this program.

            The Explorers in attendance introduced themselves at the request of Mayor Lucas.  Major Folsom advised that the Explorers will host an open house in the East Patrol Division Community Room on September 23, 2021, from 6:30 p.m. to 8:00 p.m.  Youth will be able to enroll in the program at this event. 

            The Board took a recess at 11:13 a.m., to take pictures with the Explorers.  The meeting resumed at 11:18 a.m.

KCPD Social Worker Tori Cawman provided an update on the Social Services Program.  Ms. Cawman spoke about a sleep-related death of a Kansas City infant.  In the death investigation, it was discovered that the infant was sleeping in a car seat near the parents’ bed.  Further investigation revealed that none of the children in the home had a safe sleep arrangement.  KCPD Social Workers secured and delivered five beds for the family.  The KCPD Social Worker Program has since partnered with Children’s Mercy Hospital to provide resources for children and families in need.

            Deputy Chief Karen True presented a slideshow of photographs from monthly events that KCPD was involved in.  These events included KCPD Explorers meetings, movie nights, family fun nights, officer award ceremonies, and more.

  1. Department Staffing. Deputy Chief Michael Hicks provided an update on Department staffing.  For this time period, Department strength is 1,742.  Budgeted strength is 2,026.  There are currently 1,221 sworn law enforcement personnel, leaving 148 vacancies.  There are currently 516 career civilians, leaving 92 vacancies.  There are 44 vacant police officer candidate positions, but a new class is expected to begin on September 13, 2021.  This class will potentially have up to 40 KCPD members.

            Deputy Chief Hicks advised that 26 people attended the most recent law enforcement testing session.  This is the largest amount of people that have tested in the last several months.  Commissioner Tolbert asked if people that complete the Law Enforcement Academy through Metropolitan Community College are offered an abbreviated KCPD Academy to get them on the street quicker.  Deputy Chief Hicks advised that KCPD’s Employment Unit and Academy Staff are discussing this potential opportunity.

  1. Executive Services Bureau. Deputy Chief Doug Niemeier presented the following items for Board approval:
  2. Budget Transfers for Fiscal Year 2021-22.  A memorandum dated August 17, 2021, was presented to recommend approval of budget transfers.  This budget transfer will affect the Police Grants Fund and the Grants Special Revenue Fund.

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

  1. Network Firewall Replacement.  A memorandum dated August 17, 2021, was presented to recommend approval to purchase necessary replacement firewalls from ConvergeOne at a cost of $220,368.80, utilizing the City of Kansas City, Missouri contract EV2420.  This replacement will provide firewall services, IPS, and malware detection adding a critical security layer for protecting KCPD’s network and data.  The current hardware is reaching end of life.

            A motion was made by Commissioner Wagner, with a second by Commissioner Dean, to approve the purchase of replacement firewalls from ConvergeOne at a cost of $220,368.80.  The vote was 4-0 in favor.  Commissioner Cramer abstained.

  1. 2020 JAG DTFs – Missouri Western Interdiction and Narcotics (MoWIN) Task Force Subaward – Revision.  A memorandum dated July 24, 2021, was presented to recommend approval of the amended subawards for the MoWIN Task Force, as a result of unexpected retirements within the task force.  These retirements resulted in unspent overtime funds that can be reallocated to other partners.  The revised award amount for KCPD due to these changes is $227,764.26.   

            A motion was made by Commissioner Dean, with a second by Mayor Lucas, to accept the amended subawards for the MoWIN Task Force, as presented.  The vote was 4-0 in favor.  Commissioner Cramer abstained.

  1. Kansas City Emerging Threats Analysis Capability (KC-ETAC) Purchases.  A memorandum dated August 26, 2021, was presented to recommend approval to make a fiduciary payment on behalf of the KC-ETAC Governing Board for subscription services.  The total expenditure is $627,618.10.    

            A motion was made by Mayor Lucas, with a second by Commissioner Wagner, to approve payment in the amount of $627,618.10 for subscription services.  The vote was 4-0 in favor.  Commissioner Cramer abstained.

            Deputy Chief Niemeier provided an update on the Communications Unit staffing.  He advised that the Unit is currently staffed with 99 members, leaving seven vacancies.  Two additional vacancies are expected in the coming weeks due to two Communications Unit members joining the Academy class beginning in September.  Deputy Chief Niemeier advised that three newly-hired members are starting on September 7, 2021. 

            Mayor Lucas congratulated Deputy Chief Niemeier on his recent promotion. 

  1. Professional Development and Research Bureau. Deputy Chief Mike Wood provided an update on the Youth Services Unit.   He advised that the Police Athletic League (PAL) recently hosted its 9th Annual Back to School Event.  The event brought in backpacks and school supplies for more than 300 families.  Additionally, youth received free haircuts and sports physicals to prepare them for the upcoming school year. 

Deputy Chief Wood presented the following policies for Board approval:

  1. Project 1185: Uniform and Personal Appearance Regulations
  2. Project 1224: Computer Use and Security
  3. Project 1300: Commendation and Honor Awards
  4. Project 1342: Records Management System (RMS)
  5. Project 1343: Automatic External Defibrillation (AED) Program
  6. Project 1357: Death Investigations
  7. Project 1378: Rescind of the Peer Support Team (PST) Program

            In response to a question regarding Project 1185, Uniform and Personal Appearance Regulations, Deputy Chief Wood explained that officers can request approval to replace their name badge with their serial number in critical incidents.  The reason behind this change is that when officers are working events such as civil unrest protests, people in the crowd cannot search for officers’ addresses and other personal information by using the name on their uniform.  This change will prevent doxing and harassment to the officers’ homes and families.  However, the officer can be identified by their serial number in the event a complaint needs to be made.

A motion was made by Mayor Lucas, with a second by Commissioner Dean, to approve Project 1185, Uniform and Personal Appearance Regulations, as presented.  The vote was 4-0 in favor.  Commissioner Cramer abstained.

A motion was made by Mayor Lucas, with a second by Commissioner Dean, to approve Project 1224, Computer Use and Security, as presented.  The vote was 4-0 in favor.  Commissioner Cramer abstained.

A motion was made by Mayor Lucas, with a second by Commissioner Dean, to approve Project 1300, Commendation and Honor Awards, as presented.  The vote was 4-0 in favor.  Commissioner Cramer abstained.

Commissioner Dean advised of a redundancy in Project 1342, Records Management Systems (RMS).  She will provide this information to the Research and Development Division for a minor change. 

A motion was made by Mayor Lucas, with a second by Commissioner Dean, to approve Project 1342, Records Management Systems (RMS), with a minor modification as recommended by Commissioner Dean.  The vote was 4-0 in favor.  Commissioner Cramer abstained.

A motion was made by Commissioner Dean, with a second by Commissioner Wagner, to approve Project 1343, Automatic External Defibrillation (AED) Program, as presented.  The vote was 4-0 in favor.  Commissioner Cramer abstained.

In regard to Project 1357, Death Investigations, Commissioner Tolbert requested that a chaplain be included in death notifications when possible. 

A motion was made by Mayor Lucas, with a second by Commissioner Dean, to approve Project 1357, Death Investigations, as presented and to include Commissioner Tolbert’s recommendation.  The vote was 4-0 in favor.  Commissioner Cramer abstained.

Deputy Chief Mike Wood explained that Project 1378 is being presented to rescind the Peer Support Team (PST) Program from Department policy.  He explained that the FOP has enthusiastically agreed to take over the Peer Support Team Program.  Commissioner Tolbert requested that a Memorandum of Understanding, outlining the FOP’s duties for this program, be in place before the Department rescinds the policy. 

  1. Office of General Counsel. General Counsel Jenny Atterbury presented the July 2021 Private Officers Licensing Unit Monthly Summary.  In July 2021, there were 31 private officer license suspensions, two license denials, and zero license revocations.

            Ms. Atterbury presented the following Private Officer Licensing Appeals:

  1. Private Officer Licensing Appeal, Jacob D. Smith.   A memorandum dated August 5, 2021, was presented to recommend the denial of an armed private security license for Mr. Jacob D. Smith.  The basis for the denial is outlined in Title 17 of the Code of State Regulations Section 10-2.050(3)(O), which stipulates the qualifications for a private security license and states that each applicant applying for a license under these provisions must meet these standards and may be denied if the applicant has, “Provided other facts or actions which demonstrate that the applicant is unsuitable or ineligible for license,”  On May 22, 2019, Mr. Smith was terminated from the Vernon County Sheriff’s Office.  On or about March 3, 2017, Mr. Smith was terminated from the Bates County Sheriff’s Office. 

A motion was made by Commissioner Dean, with a second by Commissioner Wagner, to deny the appeal of Mr. Jacob D. Smith.  The vote was 4-0 in favor.  Commissioner Cramer abstained.

  1. Public Comments. Sheryl Ferguson spoke about a prior position she held with the T-Mobile Call Center.  She explained that she was fired due to one out-of-character incident.  She compared this event to KCPD officers being given multiple chances after engaging in poor behavior on duty.  Ms. Ferguson expressed frustration with the Board not attending the South Town Council meeting, and stated that this is another example of the Board not wanting to hear from the Community.  In addition, she believes moving public comments to the end of the meeting is in an effort to ignore the community.  She requested that the Board “get rid of” Chief Richard Smith.

            Joy Marie Chamberland expressed her full support of KCPD officers.  She advised that she is originally from Connecticut, but relocated to Kansas City several years ago.  Ms. Chamberland is a member of the Citizens Police Academy Alumni Association, where she has participated in 72 ride-alongs.  She encourages everyone to participate in a ride-along with KCPD. 

            Michael Daniels spoke about a citizen’s right travel.  He spoke about Supreme Court rulings that provide rights to the citizens.  He urged the police to quit illegally stopping people on the highways.

  1. Recap from Acting Chief of Police Hicks. Acting Chief of Police Hicks spoke about KCPD’s Recruitment Drive.  The Employment Unit created #BeKCPD in an effort to attract and recruit employees.  He advised that he participated in recruitment discussions at “Mondays with Melissa,” a meeting with Councilwoman Melissa Robinson and members from the 3rd District.  Fox 4 News Kansas City is publishing a story about KCPD’s Recruitment Drive.  Commissioner Tolbert encouraged the Department to partner with the Full Employment Council to boost recruitment. 
  2. Discussion from the Board. A motion was made by Mayor Lucas, with a second by Commissioner Wagner, to approve the minutes of the open session meetings of the Board of Police Commissioners of June 15, 2021 and August 3, 2021.  The vote was 4-0 in favor.  Commissioner Cramer abstained.

            Mayor Lucas apologized to Commissioner Cramer for missing her swearing-in ceremony.  He welcomed Commissioner Cramer to the Board, and expressed appreciation for her future service on the Board.

            Commissioner Wagner also welcomed Commissioner Cramer to the Board.

            Commissioner Cramer expressed that she is honored to serve on the Board, and looks forward to working with the Department.

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

Board Hearings:

 

BOPC 21-02: In Re: The Matter of the Disciplinary Proceedings of:

Police Officer Johnie E. Wyatt, Jr. #5488

Friday, November 12, 2021

9:00 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

BOPC 21-05: In Re: The Matter of the Disciplinary Proceedings of:

Police Officer Victoria Quinones-Wells #5878

Friday, November 19, 2021

9:00 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

Regular Meetings:

 

September 28, 2021, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

October 26, 2021, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

November 16, 2021, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

December 14, 2021, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

            A motion was made by Mayor Lucas, with a second by Commissioner Dean, and by vote indicated below, to adjourn the open meeting at 12:09 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 February 1, 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, August 31, 2021, 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:

Commissioner Dawn Cramer                                     -           Aye

Commissioner Don Wagner                                       -           Aye     

            Commissioner Mark Tolbert                                       -           Aye

            Commissioner Cathy Dean                                         -           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 August 31, 2021:

The Board went into closed session at 12:19 p.m. 

1)         Following a motion by Mayor Lucas and a second by Commissioner Dean, the Board voted to authorize certain settlement authority for the claim of T.B. 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.

2)         Following a motion by Commissioner Dean and a second by Mayor Lucas, the Board voted to approve the applications for continued employment of Reserve Police Officer Lance Stabler, Police Officer Candice Crockett, and Detective Ernest Baskerville.  The vote was 4-0 in favor.  Following polling, Commissioner Tolbert voted Aye, Commissioner Dean voted Aye, Commissioner Wagner voted Aye, and Mayor Lucas voted Aye.  Commissioner Cramer abstained.

3)         Following a motion by Mayor Lucas and a second by Commissioner Dean, the Board voted to approve the minutes of the closed sessions of the Board of Police Commissioners on July 27, 2021, and August 3, 2021.  The vote was 4-0 in favor.  Following polling, Commissioner Tolbert voted Aye, Commissioner Dean voted Aye, Commissioner Wagner voted Aye, and Mayor Lucas voted Aye.  Commissioner Cramer abstained.

            At 1:25 p.m., the room was cleared of non-Board members.  Mayor Lucas and David Kenner left the meeting at 1:50 p.m.

4)         Following a motion by Commissioner Dean and a second by Commissioner Wagner, the Board voted to come out of closed session and adjourn.  The vote was 3-0 in favor.  Following polling, Commissioner Tolbert voted Aye, Commissioner Dean voted Aye, and Commissioner Wagner voted Aye.  Commissioner Cramer abstained.

The Board adjourned at 2:10 p.m.