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December 12, 2023

Publish Date 12/13/2023

MINUTES OF THE

BOARD OF POLICE COMMISSIONERS

TUESDAY, DECEMBER 13, 2023

 

 

A meeting of the Board of Police Commissioners of Kansas City, Missouri was held on Tuesday, December 13, 2023, in the Community Room at Police Headquarters, 1125 Locust Street, Kansas City.

PRESENT:

Commissioner Cathy Dean, President

Commissioner Dawn Cramer, Vice President

Mayor Quinton Lucas, Member

Mr. David Kenner, Secretary/Attorney

Stacey Graves, Chief of Police

ABSENT:

Commissioner Tom Whittaker, Treasurer

 

This meeting was called to order at 9:28 a.m. by Commissioner Dean.  Commissioner Whittaker had an excused absence.  Human Resources Specialist Kathy Vestal led the Pledge of Allegiance.  Chaplain Susan McCann provided the invocation.  Mayor Lucas joined the meeting at 9:34 a.m. 

  1. Awards and Commendations. A Certificate of Appreciation was presented to Jorge Perez for his actions in detaining a stolen auto/vehicle crash suspect until officers could arrive on scene. 

Certificates of Appreciation were presented to White Chapel Funeral Home and Rolling Acres Pet Cemetery for providing funeral services, free of charge, for Officer James Muhlbauer and K9 Champ. 

  1. Guest Presentations. Dr. Alex Francisco, City of Kansas City, Missouri Office of Population Health Science, presented on the fentanyl and overdose crises in the City.  He advised that overdose deaths have rapidly increased over the past four years.  In 2021, for the first time, overdose deaths (182) were higher than homicides (157).  Additionally, in 2022, there was only one day without a suspected overdose in City emergency rooms.

            Dr. Francisco advised that synthetic opioid (i.e. fentanyl) overdoses have increased exponentially over the past four years.  Between 2017 and 2021 there was a 938% increase in synthetic opioid deaths in Kansas City.  He advised that this crisis is affecting every demographic and is a City-wide issue. 

            Dr. Francisco advised that a few weeks ago, City Council passed an ordinance that requires all fatal and non-fatal overdoses be reported to the Kansas City Health Department within 24 hours for substances within the Schedule I-V; all other overdoses must be reported monthly.  The Health Department is working towards full toxicology to be included in the mandated reporting.  The City has also created the Overdose Fatality Review Board to handle the annual review of overdoses.  Mayor Lucas stated that the City is committed to fighting this crisis through this cooperative initiative.

Dr. Francisco also discussed the issues associated with Hepatitis C; it is now curable.  If you can cure one person, then you can save 25 people from getting it due to the problems associated with needle sharing.

Councilman Crispin Rea, 4th District-at-Large, presented on behalf of the City Council.  Commissioner Rea spoke about the alarming data on overdoses in the City and commended the City’s efforts to solve this major problem. 

Councilman Rea advised that the designated committee is actively reviewing options for a City detention and rehabilitation facility.  He advised that the committee is evaluating needs for the facility (bed count), nature of the beds (detention versus mental health treatment), funding, and the facility location. The committee has received a lot of valuable feedback from their listening sessions.  The committee will meet with municipal judges today to discuss the Court’s needs. 

Councilman Rea thanked Chief Graves and Commissioner Whittaker for relaying their shared concern for downtown safety and security.  He looks forward to continued communication regarding this issue. 

  1. General Discussion from the Chief of Police. Chief Stacey Graves advised that K9 Victor, a 7-year-old Belgian Malinois, suffered a medical emergency over the weekend and was euthanized on Sunday.  She expressed condolences to K9 Victor’s partner, Officer Kenny Davis, and the members of the Canine Unit. 

            Chief Graves congratulated Sergeant Brad Lemon on his upcoming retirement after 31.5 years of service.  Sergeant Lemon has been the President of the Fraternal Order of Police (FOP) for the past ten years.  Despite his retirement, Sergeant Lemon will still serve as the FOP’s President.  Board members congratulated Sergeant Lemon on his retirement. 

            Chief Graves advised that as of Friday, December 15, 2023, she will have completed her first year as Chief of Police.  She remains committed to improving the culture of KCPD, strengthening relationships with community partners, and creating a safer City.    

  1. Investigations Bureau. Deputy Chief Luis Ortiz provided an update on monthly crime statistics.  He advised that to-date in 2023, there have been 174 homicides, from 154 incidents, compared to 165 homicides at this same time in 2022.  The Department has cleared 94 homicides this year and 33 additional cases from previous years, totaling 127 homicides cleared to-date 2023.  Deputy Chief Ortiz advised of the 16 homicides that occurred in November 2023, six have been cleared, three additional are pending charges, and seven remain open under investigation.   

Deputy Chief Ortiz advised that of the 16 homicides that occurred in November 2023, six were due to arguments, three were drug-related, three involved domestic violence, one was classified as carelessness, two were retaliatory, and the cause of one remains unknown.  Deputy Chief Ortiz advised there has been one additional homicide in December 2023, compared to six homicides during the same time period in December 2022.

Deputy Chief Ortiz advised there have been 477 non-fatal shootings year-to-date, compared to 498 for this same time period in 2022.  There were 36 non-fatal shootings in November 2023, compared to 31 in November 2022.  There have been an additional 16 non-fatal shootings this month, compared to 13 during the same time period in 2022.  Deputy Chief Ortiz presented statistics on suspect and victim characteristics for the month of November 2023. 

            Deputy Chief Ortiz spoke about cases submitted for prosecution.  In November 2023, there were 286 cases submitted for prosecution; there were 218 cases submitted to Jackson County, 36 to Clay County, and 32 to Platte County.

            In response to a question from Commissioner Dean regarding overdoses, Deputy Chief Ortiz advised that the Department tries to identify the supplier of the drugs in those cases.  He advised that it is a challenge to get homicide charges on those, but all cases are investigated.  In response to a question from Mayor Lucas, Deputy Chief Ortiz advised that staffing in investigative units is down, but federal partners are providing invaluable support. 

  1. Patrol Bureau. Deputy Chief Joseph Mabin spoke of the notable events within the Patrol Bureau in November 2023.  Deputy Chief Mabin presented monthly statistics for the Patrol Bureau.  He advised that the median response time for Priority 10 calls (also known as Priority 1) for the month of November was 8 minutes and 30 seconds; the Department’s Priority 10 response time goal is 7.50 minutes.  The Priority 20 (also known as Priority 2) response time for the month of November was 11 minutes and two seconds; the Department’s Priority 20 response time goal is 9.00 minutes.  The response time is the amount of time from when the call is created until an officer arrives on scene.

Deputy Chief Mabin presented the Traffic Summary for November 2023.  In November 2023, there were 1,399 total City-wide crashes, compared to 1,390 in November 2022.  There have been 17,152 total crashes to-date 2023, compared to 16,902 at this same time last year.

Deputy Chief Mabin advised that there have been 83 fatal traffic crashes year-to-date 2023, with 94 total fatal crash victims.  During this same time frame last year, there had been 76 fatal crashes, with 80 total fatal crash victims.  Deputy Chief Mabin advised that there were 10 fatal crashes in November 2023, with 12 total crash victims.  There were also 17 serious injuries from crashes.  Two of the fatal accidents were hit-and-runs.  Deputy Chief Mabin urged everyone to wear their seat belts.

 The Traffic Unit held seven DUI wolfpack enforcement activities, which resulted in 81 stops, 35 DUI arrests, and 113 total citations issued.  The Parking Control Unit conducted a sweep of abandoned vehicles with City Compliance Officers.  The City had notified residents and property owners in the three areas of concern located within a two-block radius at least two weeks prior to the sweep, that they needed to remove vehicles, or the City would act.  This effort resulted in 12 citations, two vehicles/trailers towed for illegal parking, two vehicles marked for abandonment, and ten other vehicles moved while Parking Control Officers were present. 

Deputy Chief Mabin advised that the Department’s newest canine, K9 Mack, and his partner, Sergeant Jeffrey Epstein, are currently in training.  In response to a question, Deputy Chief Mabin advised that with the recent passing of K9 Victor, Officer Davis will be issued a new canine.

  1. Administration Bureau. In Deputy Chief Doug Niemeier’s absence, Major Dan Haley provided an update on Department staffing.  He advised that as of November 30, 2023, Department strength was 1,656.  For this time period, there were 1,108 sworn law enforcement personnel, 35 recruits, 509 professional staff, and four Board members; there were 215 total vacancies.

Major Haley advised that there are 14 candidates in the process for possible eligibility for the Academy class beginning in March 2024; six additional pending offers have been made.  Major Haley advised that there are currently four lateral officers in the hiring process.

Major Haley advised that the Department has hired 25 new members in the Communications Unit. He noted that there are two pending job offers for the Communications Unit and nine people in the process for possible eligibility.

 The Department will hold law enforcement testing on December 13, 2023, January 20, 2024, and February 22, 2024, at the Regional Police Academy.  The Department continues to hire for all positions.  More information can be found at https://www.kcpd.org/careers/. 

Commissioner Dean advised that the Board received communications from the Communications Unit supervisors stating the salary for Communications personnel is not competitive, despite what command staff previously presented to the Board.  Deputy Chief McCollum advised that this was a mistake and that a pay adjustment for Communications personnel was made a few months ago.  Additionally, the Department will undergo a staffing/salary study for all non-sworn positions, and is issuing an RFP for this purpose.  Chief Graves advised that the Department is actively taking steps to fix the outdated pay scales for non-sworn members.  The Board demanded this be a priority. 

  1. Executive Services Bureau.   Deputy Chief Derek McCollum presented the following items for Board approval:
  2. Budget Transfers for Fiscal Year 2023-24.  A memorandum dated December 1, 2023, was presented recommending approval of budget transfers.  This transfer will affect the General Fund, the Police Grants Fund, and the Grants Special Revenue Fund.     

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

  1. Adjustment to Special Revenue Accounts for Fiscal Year 2023-24.  A memorandum dated December 1, 2023, was presented to recommend approval of an adjustment in the amount of $12,450 from the Private Donations fund to the Audio/Visual Equipment fund, for the purchase of body-worn camera ancillary equipment.  The Department anticipates receiving a donation in the amount of $12,450 from the Police Foundation of Kansas City to cover this purchase. 

            A motion was made by Commissioner Cramer, with a second by Mayor Lucas, to approve the adjustment to special revenue accounts in the amount of $12,450, as presented.  The vote was 3-0 in favor.

  1. Renewal Bid No. 2023-15, Police Uniform Contract.  A memorandum dated November 29, 2023, was presented to recommend approval to renew Bid No. 2023-15, Police Uniform Contract, to Galls LLC, GT Distributors, Inc., and Baysingers Police Supply, Inc., with an anticipated expenditure of $317,367.47.  The contract period is January 1, 2024 through December 31, 2024. match.

            A motion was made by Commissioner Cramer, with a second by Mayor Lucas, to approve one-year renewal contract with Galls LLC, GT Distributors, Inc., and Baysingers Police Supply, Inc., for police uniforms, at an anticipated expenditure of $317,367.47.  After the motion was made and seconded, Mayor Lucas asked if this approval was for the purchase of the Department’s current uniforms; Chief Graves advised yes.  Mayor Lucas advised that he would like the Department to keep the current uniform style; Commissioners Dean and Cramer agreed.  The vote was 3-0 in favor. 

  1. Midwest HIDTA Task Force Grant Agreement #G23MW0005A Modification.  A memorandum dated November 29, 2023, was presented to recommend a modification to the Midwest HIDTA Task Force Grant Agreement Award #G23MW0005A, in the amount of $107,500.00.  This modification increase is to fund an ATF Contract Analyst, a computer, and travel.  After modification, the grant agreement award will now total $1,213,445.00.

            A motion was made by Commissioner Cramer, with a second by Mayor Lucas, to approval the modification to the Midwest HIDTA Task Force Grant Agreement Award #G23MW0005A, in the amount of $107,500.00, for an ATF Contract Analyst, a computer, and travel.  The vote was 3-0 in favor.

            After voting, Mayor Lucas advised that HIDTA is an impressive agency that does exceptional work in the Midwest.

  1. Office of the General Counsel. General Counsel Nathan Weinert presented the following item for Board consideration:
  2. Changes to Title 17 of the Code of State Regulations.  A memorandum dated November 16, 2023, was presented to recommend approval of the proposed change to Title 17 of the Code of State Regulations. 

            A motion was made by Mayor Lucas, with a second by Commissioner Cramer, to approve the proposed changes to Title 17 of the Code of State Regulations, as presented.  The vote was 3-0 in favor. 

  1. Public Comments. Aqil Bey, father of Cameron Lamb, spoke about the death of his son in an officer-involved shooting in 2019.  Mr. Bey shared language from the Missouri Court of Appeals’ opinion when they upheld the conviction of Former Detective Eric DeValkenaere.  He expressed dissatisfaction with those that are in support of a potential pardon by the Governor. 

Ron Hunt, community activist, commended the work of the Community Engagement Division.  He stated that it was a bad year for violent crime and the City must do something different in 2024. He wished everyone Happy Holidays. 

Doug Shafer, MORE2, expressed dissatisfaction with State control of the Department and Governor appointments to the Board.  He also spoke about the upheld conviction of Former Detective Eric DeValkenaere in the officer-involved shooting death of Camera Lamb.  He stated that the Board members should immediately resign if Governor Parson pardons DeValkenaere.   

  1. Approval of Minutes. A motion was made by Mayor Lucas, with a second by Commissioner Cramer, to approve the open session minutes from the Board meeting on November 14, 2023.  The vote was 3-0 in favor.
  2. Mr. David Kenner. Mr. Kenner wished everyone a safe and Happy Holiday season.
  3. Mayor Quinton Lucas. Mayor Lucas thanked members of the Communications Unit for the signed letter and takes their concerns seriously.  He wished everyone a safe and Happy Holiday season. 
  4. Commissioner Dawn Cramer. Commissioner Cramer wished everyone a safe and Happy Holiday season. 
  5. Commissioner Cathy Dean. Commissioner Dean wished everyone a safe and Happy Holiday season.  She thanked members of the Department that work 24/7 to keep the City safe.  She stated that she is honored to be associated with those who serve.   
  6. Scheduled meetings. The Board of Police Commissioners of Kansas City, Missouri has scheduled the following meetings:

 

Regular Meetings:

 

January 23, 2024, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

February 20, 2024, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

March 19, 2024, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

April 23, 2024, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

May 28, 2024, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

June 25, 2024, 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 Cramer, and by vote indicated below, to go into closed session at 10:51 a.m., 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 January 26, 2023, 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, December 13, 2023, 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 Cathy Dean                                         -           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, December 13, 2023:

The Board went into closed session at 11:01 a.m.  Commissioner Whittaker had an excused absence.

1)         Following a motion by Mayor Lucas, and a second by Commissioner Cramer, the Board voted to approve the applications for continued employment of Police Officer David Osbahr and Reserve Sergeant Damon Hayes.  The vote was 3-0 in favor.  Following polling, Commissioner Dean voted Aye, Commissioner Cramer voted Aye, and Mayor Lucas voted Aye. 

2)         Following a motion by Mayor Lucas, and a second by Commissioner Cramer, the Board voted to approve the minutes of the closed Board meetings on November 14, 2023, and December 1, 2023.  The vote was 3-0 in favor.  Following polling, Commissioner Dean voted Aye, Commissioner Cramer voted Aye, and Mayor Lucas voted Aye. 

3)         Following a motion by Mayor Lucas, and a second by Commissioner Cramer, the Board voted to go into special closed session to discuss personnel matters at 12:52 p.m.  The vote was 3-0 in favor.  Following polling, Commissioner Dean voted Aye, Commissioner Cramer voted Aye, and Mayor Lucas voted Aye. 

4)         Following a motion by Mayor Lucas, and a second by Commissioner Cramer, the Board voted to to come out of special closed session and adjourn at 1:20 p.m.  The vote was 3-0 in favor.  Following polling, Commissioner Dean voted Aye, Commissioner Cramer voted Aye, and Mayor Lucas voted Aye. 

            The Board adjourned at 1:20 p.m.