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February 28, 2023 Meeting

Publish Date 02/28/2023

MINUTES OF THE

BOARD OF POLICE COMMISSIONERS

TUESDAY, FEBRUARY 28, 2023

 

 

A meeting of the Board of Police Commissioners of Kansas City, Missouri was held on Tuesday, February 28, 2023, in the Community Room at Police Headquarters, 1125 Locust Street, Kansas City.

PRESENT:

Commissioner Mark Tolbert, President

Commissioner Cathy Dean, Vice President

Commissioner Dawn Cramer, Member

Mr. David Kenner, Secretary/Attorney

Stacey Graves, Chief of Police

ABSENT:

Mayor Quinton Lucas, Member

 

This meeting was called to order at 9:31 a.m. by Commissioner Tolbert.  Sergeant Tammy Hinck led the Pledge of Allegiance.  Chaplain Shane Stamm provided the invocation.  Mayor Lucas had an excused absence. 

  1. Board Resolution 23-02. Board Resolution 23-02 was presented to Commissioner Don Wagner to express the Board’s sincere gratitude and genuine appreciation for his leadership, counsel and tireless service to KCPD and the City of Kansas City, Missouri, and the Board’s sorrow at his retirement in December 2022. 

Commissioner Wagner spoke about the great city of Kansas City, Missouri, and the importance of policing.  He thanked the men and women of the KCPD for their distinguished and tireless service to their community. 

  1. Promotions. Chief Stacey Graves announced the promotions of Scott Mullen, Gerald Steele, and Belkis Cisneros to Sergeant, and Mark Crawford to Operations Manager of the Fleet Unit. 

            The Board recessed at 9:44 a.m.  The Board returned at 9:48 a.m.

  1. Guest Presentations. Matt Tritz, Lockton Companies, presented an update on the Blue Cross Blue Shield Benefits Renewal package.  Mr. Tritz explained that Blue KC’s 2023-2024 medical renewal projection called for a 13.6 percent increase to current premiums; however, as part of the prior year renewal negotiations, there is a 9.9 percent rate cap.  The final negotiated increase is 8.9 percent.  The Benefits Committee recommends a renewal with BlueKC with the following plan design changes and cost share strategies: $200 hospital co-pay (limit of five) for the HMO plan, $2,500/$5,000 out-of-pocket maximum for the HMO plan, an increase of ER co-pay from $200 to $250 for the HMO plan, and increase the current HMO employee cost share split by one percent.  In addition, members currently not enrolled in the HMO plan will no longer be able to select this plan.  The Committee also recommends removing the Spira Care plan.  There will be no increase to the current EPO active monthly contributions. 

            In response to a question regarding life insurance, Captain Marcus Smith advised that every member receives life insurance and has the ability to increase the amount. 

            A motion was made by Commissioner Dean, with a second by Commissioner Cramer, to approve the Blue Cross Blue Shield Benefits Renewal as presented.  The vote was 3-0 in favor. 

            Mr. Douglas Jones, City Auditor, presented the Second Quarter Performance Audit of the Community Policing and Prevention Fund (CPPF).  Mr. Jones advised that the Department spent about half of the CPPF through the second quarter.  The City Auditor’s Office did not make any recommendations to the Department at this time.  Further information will be provided during the third quarter audit.

  1. City Council Update. Councilwoman Heather Hall, 1st District, presented on behalf of the City Council.  Councilwoman Hall advised this would be her last presentation to the Board, as her final council term is coming to an end in August.  She advised that Fallen Officers James Muhlbauer and K9 Champ will be properly honored at the Law Enforcement Memorial Garden at the Shoal Creek Patrol Division Station. 

            Councilwoman Hall spoke about the current budget process for Fiscal Year 2023-24.  She advised that City Council is working diligently to pass a well-rounded budget.  She spoke about the $19.5 million discrepancy in the Police Department’s proposed budget, and advised that she will work with her colleagues to figure it out.  She does not believe the new jail expenses, totaling $6 million, should come from the Department’s budget. 

            The Board thanked Councilwoman Hall for her advocacy and continued support of the Department and its members.  Councilwoman Hall thanked Deputy Chief Derek McCollum and Budget Manager Kristine Reiter for their informative budget presentation at City Hall last week.  Councilwoman Hall thanked the Department members for the service they provide to the 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 23 homicides, compared to 25 at this same time in 2022; the five-year average of homicides for this same time period is 22.  The Department has cleared five homicides this year and one additional case from previous years, totaling six total homicides cleared to-date 2023.

Deputy Chief Ortiz advised there have been 71 non-fatal shootings year-to-date, compared to 61 for this same time period in 2022.  There were 39 non-fatal shootings in January 2023, compared to 42 in January 2022.  He noted that 32 non-fatal shooting victims (82 percent) were cooperative with the investigation.  Deputy Chief Ortiz presented statistics on suspect and victim characteristics for the month of January 2023. 

            Deputy Chief Ortiz spoke about cases submitted for prosecution.  In January 2023, there were 364 cases submitted for prosecution; there were 287 cases submitted to Jackson County, 56 to Clay County, and 21 to Platte County.  Deputy Chief Ortiz reported that 107 of those cases were filed, and 82 cases were declined.  A majority of the declinations were due to insufficient evidence and prosecutor discretion. 

            Deputy Chief Ortiz spoke about homicide case declinations since 2015.  There have been 27 homicide case declinations since 2015.  Of these cases, 11 were declined due to insufficient evidence, 11 were declined due to self-defense, and five were declined because the defendant has since died.  In response to a question, Deputy Chief Ortiz advised that the Department’s investigative elements have started meeting weekly with the prosecutors, in an attempt to reduce the number of case declinations.  

  1. Patrol Bureau. Deputy Chief Joseph Mabin presented monthly statistics for the Patrol Bureau.  Deputy Chief Mabin advised that the median response time for Priority 10 calls for the month of January was 7.63 minutes; the Department’s Priority 10 (also known as Priority 1) response time goal is 7.50 minutes.  The Priority 20 (also known as Priority 2) response time for the month of January was 9.37; 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 explained that Priority 10 (also known as Priority 1) calls are incidents that present extreme danger or potential danger to human life, such as shootings, armed robberies, and sexual assaults in progress.  Priority 20 calls are calls where the potential for danger exists, but it has not yet happened.  Examples include prowlers, bomb threats, and disturbances.  Deputy Chief Mabin noted that multiple divisions had reduced response times for both Priority 10 and Priority 20 calls.

            Deputy Chief Mabin advised that Special Agent Brandon Bridgeforth is helping the Patrol Bureau with a staffing level allocation review.  They will be reviewing the Computer-Aided Dispatch (CAD) data, along with reports, to determine where resources are needed most.

Deputy Chief Mabin presented the Traffic Summary for January 2023.  He advised that there were 1,371 crashes in January 2023, compared to 1,372 in January 2022.  There have been ten traffic fatalities to-date 2023, compared to 17 at this same time last year.

Deputy Chief Mabin spoke about the tragic vehicle accident on February 15, 2023, that resulted in the death of Officer James Muhlbauer and K9 Champ.  He thanked all that attended their memorial services, and he extended his condolences to the family of Jesse Eckes.  Mr. Eckes, a pedestrian, was also died as a result of the vehicle accident.

Police Officers Jordan Infranca and Shawn Hamre presented information on the Department’s DUI Unit, specifically drug-impaired driving and detection programs.  Officer Infranca spoke about the differences between alcohol impairment and drug impairment.  He also spoke about the community events and education that the DUI Unit is involved in.  Officer Hamre spoke about different drug recognition and testing techniques.  The Drug Recognition Expert (DRE) Program provides courses and certifications for officers in Missouri.   

Sergeant Andrew Gore spoke about the events that the Community Engagement Division participated in during this past month.  These events included Badges and Baseball, the Super Bowl Parade, the D.A.R.E. and G.R.E.A.T. program events, LGBTQ+ community events, the Youth Violence Forum, and Police Athletic League (PAL) events.  Sgt. Gore congratulated the PAL Panthers basketball team and Coach Alannah Swaggart on their first place tournament win.  He also spoke about the School Resource Officer’s work to combat bullying in local schools. 

Sergeant Gore advised that the Community Engagement Division now receives every City complaint that is filed against the Department.  Members of the Community Engagement Division will review each complaint, address any issues noted, and provide appropriate resources.  These complaints will be tracked and monitored, and officers will be able to quickly identify any problem areas. 

  1. Administration Bureau. Deputy Chief Doug Niemeier provided an update on Department staffing.  He advised that as of January 31, 2023, Department strength was 1,645.  For this time period, there were 1,110 sworn law enforcement personnel, 30 recruits, 501 career civilians, and four Board members.  There are currently 228 total vacancies.  He advised that in the past month, the Department hired five recruits.  These recruits will begin training on April 24, 2023, in the 178th Entrant Officer Class.  However, these recruits have already started with the Department and are currently helping out in the Records Unit until their training begins.  Deputy Chief Niemeier advised that there are still ten other pending employment offers for the 178th Entrant Officer Class, and 29 applicants are in other stages of the hiring process.  In addition, in the past month, the Department hired three lateral officers and one re-hire.

            Deputy Chief Niemeier provided an update on recruitment efforts within the Communication Unit.  He advised that in the past month, six members were hired and began call taker training.  One additional member that was recycled from an Academy recruit class also transferred to the Communications Unit this month.  There are currently five pending employment offers, and two were accepted just last night.  There are 16 applicants in other stages of the hiring process.

            Deputy Chief Niemeier spoke about 13 upcoming recruitment events throughout the community and at nearby colleges and universities.  The Department held law enforcement testing on Thursday, February 23, 2023, and 17 people tested.  Deputy Chief Niemeier thanked the Human Resources personnel for their increased recruitment efforts this past month.  He also thanked the Wellness Unit for their dedication over the past month.  They’ve assisted members and members’ families dealing with an officer being shot in the line of duty, and the recent deaths of Officer Muhlbauer and K9 Champ.

            Deputy Chief Niemeier noted that the next session of Citizens Police Academy will begin on March 7, 2023.  Information on the Citizens Police Academy can be found on www.kcpd.org, or by contacting Angela McCune at the Academy.  Deputy Chief Niemeier advised that the Department is currently hosting three interns.  They will shadow various sworn and civilian positions. 

            Deputy Chief Niemeier provided an update on the Police Crime Lab.  During 2022, the Crime Lab completed 10,000+ reports, and conducted over 42,440 evidence examinations.  The Crime Lab also hosted 74 tours with 1, 300+ citizens.

             At the request of the Board, the new recruits introduced themselves and spoke about how/why they applied for KCPD. 

  1. Executive Services Bureau. Andrew Jansen, Lockton Companies, provided an update on the liability insurance project.  Mr. Jansen advised that Lockton reviewed the Department’s ten-year loss summary, and the results were presented to the marketplace.  He advised that the Department currently has multiple large open claims, so that could impact the results.  Early indications imply that the Department could potentially have a $5 million deductible per claim, and pay a $2.5 million annual premium for an additional $5 million insurance coverage.  Mr. Jansen reiterated that this amount is per claim, not annually.  In response to a question, Mr. Jansen advised that all fees and expenses are included in the $5 million, to include attorneys’ fees, and that a $5 million aggregate deductible per year might be available.  He will have more information at next month’s Board meeting.  The Board requested that Mr. Jansen share this information with Mayor Lucas since he is absent from today’s meeting.

Deputy Chief Derek McCollum presented the following items for Board approval:

  1. Budget Transfers for Fiscal Year 2022-23.  A memorandum dated February 16, 2023, was presented recommending approval of budget transfers.  This transfer will affect the General Fund, Community Policing and Prevention Fund, Police Drug Enforcement Fund, Police Grants Fund, and the Grants Special Revenue Fund.   

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

  1. Motorcraft Parts, Brakes/Components Renewal  A memorandum dated February 15, 2023, was presented to recommend approval of a one-year renewal contract with Factory Motor Parts, for motorcraft parts and brakes/components, at an anticipated expenditure of $188,249.27. 

A motion was made by Commissioner Dean, with a second by Commissioner Cramer, to approve the one-year renewal contract with Factory Motor Parts, at an anticipated expenditure of $188,249.27.  The vote was 3-0 in favor.

  1. Bank Pledgee Agreement Form. A memorandum dated February 6, 2023, was presented to recommend approval to update necessary signatures on the pledgee agreement form at the Federal Reserve Bank of Boston.  These changes are necessary to accommodate position changes in the Board and Chief of Police. 

Commissioner Tolbert inquired as to why the Department holds a bank account at the Federal Reserve Bank of Boston, when there is a federal reserve bank in Kansas City.  Deputy Chief McCollum advised that the account is through UMB Bank, and they are the ones that bank through the Federal Reserve Bank of Boston.  Commissioner Tolbert also requested to review a statement of the Board’s assets. 

A motion was made by Commissioner Dean, with a second by Commissioner Cramer, to approve the necessary changes on banking documents, as presented.  The vote was 3-0 in favor.   

  1. Bank Pledgee Agreement Form. A memorandum dated February 6, 2023, was presented to recommend approval to update necessary signatures on banking accounts and signature cards with UMB Bank and the Greater Kansas City Public Safety Credit Union.  These changes are necessary to accommodate position changes in the Board and Chief of Police. 

A motion was made by Commissioner Dean, with a second by Commissioner Cramer, to approve the necessary changes on banking documents, as presented.  The vote was 3-0 in favor. 

Deputy Chief McCollum provided an update on the Communications Unit.  He advised that the average wait time for 911 calls was 28 seconds during the month of January; the national standard goal is a 15 second wait time on 90 percent of calls.  He advised that there are currently 16 applicants in the hiring process, and five applicants have received a conditional employment offer.  There are currently six new-hires in the call taker training class.  This month, the Department received 12 resumes from the Full Employment Council (FEC); only one of those applied and is testing today. 

Members of the Communications Unit will attend a Full Employment Council hiring event on March 1st, along with the Citizens Police Academy on March 7th. 

Deputy Chief McCollum presented an update on the Fiscal Year 2023-2024 budget process.  Deputy Chief McCollum and Budget Manager Kristine Reiter met with City Council last week to discuss the submitted budget.  There was a $19.5 million discrepancy between the Department’s requested budget and the budget that was submitted to City Council.  The submitted budget included a $6 million reallocation of funds for the Department to cover the construction and operations of a new detention facility.  The Department expressed their concerns with this reallocation because the Department is not responsible for the operations of any detention center.  The Department requested the City reallocate that expenditure back into the City’s General Fund, so the Department can use that $6 million for personnel expenses.

Chief Graves spoke about the Council’s concerns that the Department will have to lay off employees.  Chief Graves advised that she will always put Department members first, and wants raises for all members.  Commissioner Dean added that Mayor Lucas supports member raises, and she hopes that he will relay those feelings to his colleagues on City Council.   

  1. Chief’s Executive Officer. Deputy Chief Steven Young provided an update on Lexipol Public Safety Policy and Training Solutions.  Members of the Research and Development Division are undergoing training with Lexipol.  Lexipol will be going live in the near future.  Deputy Chief Young advised that a few policies remain in the pipeline under the former review process.

            Deputy Chief Young presented the following policies for Board approval:

  1. Project 1381: Emergency Operations Procedures
  2. Project 1421: On-Duty Exposures to Communicable Diseases and Physical Health Protection

Deputy Chief Young advised that both policies are due for their standard five-year

review.

            A motion was made by Commissioner Dean, with a second by Commissioner Cramer, to approve Project 1381 and Project 1421, as presented.  The vote was 3-0 in favor.

  1. Office of General Counsel. Interim General Counsel Jenny Atterbury presented the January 2023 Private Officers Licensing Unit Monthly Summary.  In January 2023, there were 27 private officer license suspensions, two denials license denials, and zero revocations.

            Ms. Atterbury presented a memorandum dated February 16, 2023, recommending approval for an increase in the Private Officer Licensing Unit fee structure.  The Private Officers Licensing Unit has not had a fee increase since 2013, and the fees no longer cover the daily operation expenses.  The Unit is self-funded.  Commissioner Tolbert requested to review a financial report for the Unit. 

            A motion was made by Commissioner Dean, with a second by Commissioner Cramer, to approve the increased fee structure, as presented.  The vote was 3-0 in favor. 

  1. Public Comments. Scott Myers and Stan Morgan requested meetings with the Board members to establish an open dialogue regarding issues within the City and policing.

Matthew Moore demanded the Department release the name of the officer that shot Malcolm Johnson.  He called for Department transparency.

Steve Young, KC LEAP, demanded Chief Graves fire Officer Frazier for his involvement and actions during the arrest of Mack Nelson. 

  1. Recap from Chief Stacey Graves. Chief Graves advised that a lot has happened in Kansas City and with the Department in the past month, to include a Super Bowl win, an officer shot in the line of duty, a Super Bowl parade, and the tragic deaths of Officer Muhlbauer, K9 Champ, and Mr. Jesse Eckes.  She advised that since she began her career with the Department in 1997, she has never been more proud of the Department than she has been this month.  She advised that through the heartache, humanity has shined through.  She has seen the love and support through the Department, as its members have continued to serve and protect the City.  She stated that she is humbled to be selected to lead Kansas City’s finest, and thanked the Board for the opportunity.
  2. Approval of Minutes. A motion was made by Commissioner Dean, with a second by Commissioner Cramer, to approve the open session minutes from the Board meeting on January 31, 2023.  The vote was 3-0 in favor.
  3. Commissioner Dawn Cramer. Commissioner Cramer commended Major Tim Hernandez and other Department members for the coordination and details of the memorial service for  Officer Muhlbauer.  She extended her thoughts and prayers to the Department and the family and friends of Officer Muhlbauer and K9 Champ.    
  4. Commissioner Mark Tolbert. Commissioner Tolbert advised that this past week was the one-year anniversary of his brother’s death.  His brother experienced a medical emergency and was on hold with 911 two separate times.  He passed away as a result of the medical emergency before emergency personnel could arrive.  Commissioner Tolbert advised that he is glad to hear of the progress with staffing in the Communications Unit, but he will not be satisfied until Kansas City beats the national standard and has no 911 hold times. 
  5. 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 FEBRUARY 24, 2023, AND WILL BE RESCHEDULED TO A DATE TO BE DETERMINED BY THE BOARD.

    *Discipline hearings are closed under Section 590.502.3(6) of the Revised Statutes of Missouri.

     

    Regular Meetings:

     

    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.

     

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

     

    August 22, 2023, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

     

    September 26, 2023, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

     

    October 10, 2023, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

     

    November 14, 2023, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

     

    December 12, 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 Commissioner Cramer, and by vote indicated below, to go into closed session at 12:16 p.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 May 27, 2022, 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, February 28, 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:

    Commissioner Dawn Cramer                                     -           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, February 28, 2023:

    The Board went into closed session at 12:28 p.m.  Mayor Lucas had an excused absence.  

    1)         Following a motion by Commissioner Dean and a second by Commissioner Cramer, the Board voted to approve RFP 2023-7, Lease of Vehicles for Covert Operations. The vote was 3-0 in favor.  Following polling, Commissioner Tolbert voted Aye, Commissioner Dean voted Aye, and Commissioner Cramer voted Aye.

    2)         Following a motion by Commissioner Dean and a second by Commissioner Cramer and a second by Commissioner Dean, the Board voted to approve the minutes of the closed Board meeting on January 31, 2023.  The vote was 3-0 in favor.   Following polling, Commissioner Tolbert voted Aye, Commissioner Dean voted Aye, and Commissioner Cramer voted Aye.

    3)         Following a motion by Commissioner Dean and a second by Commissioner Cramer, the Board voted to go into special closed session to discuss personnel matters.  The vote was 3-0 in favor.  Following polling, Commissioner Tolbert voted Aye, Commissioner Dean voted Aye, and Commissioner Cramer voted Aye.

    4)         Following a motion by Commissioner Dean and a second by Commissioner Cramer, the Board voted to modify the vote on January 31, 2023, and allow Chief Graves compensatory time which may not exceed 180 hours at any time, but with a maximum of 120 hours which could be paid out when she retires.  The vote was 3-0 in favor.  Following polling, Commissioner Tolbert voted Aye, Commissioner Dean voted Aye, and Commissioner Cramer voted Aye.

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

                The Board adjourned at 1:36 p.m.