January 23, 2018, Meeting

MINUTES OF THE
BOARD OF POLICE COMMISSIONERS MEETING
TUESDAY, JANUARY 23, 2018

A meeting of the Board of Police Commissioners of Kansas City, Missouri was held on Tuesday, January 23, 2018, at KCPD Headquarters, Community Room, 1125 Locust Street, Kansas City.

PRESENT:
Commissioner Leland M. Shurin, President
Commissioner Nathan Garrett, Vice-President
Commissioner Don Wagner, Treasurer
Commissioner Mark Tolbert, Member
Mr. David V. Kenner, Secretary/Attorney
Richard C. Smith, Chief of Police

ABSENT:
Mayor Sylvester “Sly” James, Jr., Member

This meeting was called to order at 9:30 a.m. by Commissioner Shurin. Officers Toby Sicks and Jonathan Munyan led the Pledge of Allegiance. Commissioner Tolbert provided the invocation.

1. Awards and Commendations.

The Certificate of Appreciation was presented to Mr. Frank Uryasz, President of Drug Free Sport – a worldwide leader in sport drug testing, for his outstanding assistance to the Department. Mr. Uryasz contacted Captain Daniel Graves regarding the Department’s use of pelican cases. A pelican case is case with a hard outer shell with foam inside to protect the contents. Mr. Uryasz advised that he had 117 pelican cases at his own business that he wanted to donate to the Department. These cases are valued at $52 each, for a total of $6,084. Upon the donation, the cases were distributed to patrol sergeants, Narcotics and Vice Division detectives, Violent Crimes Division detectives, Special Operations Division personnel and several others. The cases organize, store and protect the integrity of the field drug-testing kits.

The Meritorious Service Award was presented to Sergeant Cory Carlisle for increasing the administrative and operational efficiency of the Department. While he was assigned to the DUI Unit, then-Officer Carlisle saw the need to improve the annual inventory management process. He created an extensive Excel spreadsheet to track all inventory assigned to the unit. His streamlined program decreased manpower spent on inventory by 75 percent and improved accuracy by 80 percent. He then sought out Department-sponsored training for the Microsoft Access database program, taking class levels 1, 2, and 3. He transferred the information gathered in Excel to Access, which could be programmed to search and track data in a way Excel could not. He spent more than a year refining and testing the database until it was ready to be deployed to all the units within the Traffic Division. At the Major’s direction, he trained all units to use it and created a user guide. He also worked with the Fiscal Division to reconcile the database with the paper asset reconciliation sheets. The Traffic Division has now been using the database for two years, tracking their more than 1,000 items of inventory valued at more than $1 million. They can view and update their inventory in real time, saving a great deal of work-hours and improving accuracy.

The Meritorious Service Award was presented to Major Karen True, Officer Todd Stoker, Public Relations Specialist Cathy Williams and Former Administrative Assistant Kerri Meza for their successful development of The Police Foundation of Kansas City. As the nation was gripped by a recession, Planning and Research then-Captain Rick Smith submitted a list of 10 alternative funding ideas to Former Chief James Corwin. A private foundation was one of those ideas. Officer Stoker was assigned as the project officer to determine the feasibility of such a foundation and how it would work. Working with then-Sergeant True, they reached out to multiple peer cities to see whether they had police foundations and how those foundations operated. They compiled that information throughout the summer of 2007 with the assistance of Former Administrative Assistant Meza, and began to form a police foundation for Kansas City. After they developed their mission statement, Public Relations Specialist Williams designed logos and a brochure for prospective donors. Then-Sergeant True met with Police Commissioners and an attorney. She wrote out articles of incorporation and by-laws. She, Officer Stoker, and then-Captain Smith looked for an outside person to take up the cause of the foundation and champion it. They got approval of the Board, and worked with an attorney to file the non-profit incorporation paperwork with the State of Missouri. Then-Sergeant True created and updated Department policies that would be involved with the Foundation. This group helped prepare for some of the first Foundation Board meetings, and did the legwork to get it up and running.

The Certificate of Commendation was presented to Detective David DeLaMare, the Special Unit Citation was presented to East Patrol Property Crimes Section, and Certificates of Appreciation were presented to the Missouri State Highway Patrol Corporal Nate Bradley, National Insurance Crime Bureaus Special Agent Brad Greiner, and Missouri Department of Revenue Special Agent Mike Fryer for their dedication, commitment, and outstanding assistance in investigating and shutting down one of the largest criminal enterprises in the City. Beginning in 2011, Corporal Bradley began watching Clark’s Auto Repair, located at 4800 E. 12th Street, because vehicles reported stolen had been recovered there. In January 2013, Detective DeLaMare encountered the same thing, so the two began a formal investigation of the business. They began analyzing the business, and noticed that Clark’s Auto had been advertising “We buy junk cars” in local periodicals. They would send a tow truck and driver to retrieve the “junk cars” from purported sellers. Most of the time, those sellers did not have the title for the vehicle. The officers began to notice that most of the vehicles bought by Clark’s Auto were stolen. These vehicles were then towed to Clark’s Auto, dismantled for scrap or resold. The business had also failed to follow other business regulations in compliance with their State salvage permit, such as maintaining business records for three years and creating an online account with the Missouri Department of Revenue to check whether the vehicles they bought had any liens or encumbrances on them. The officers met with the Missouri Attorney General’s Office and Jackson County Prosecutors to build the case. This led to the formation of a task force that included Detective DeLaMare, Corporal Bradley, the rest of the East Patrol Property Crimes Section, the prosecutors, Special Agent Greiner, and Special Agent Fryer. From January to July of 2013, the task force located 53 stolen vehicles and numerous others with active liens that were purchased, processed and sold for destruction at Clark’s Auto. This was a small percentage of the amount of stolen vehicles taken there. On June 7, 2013, a City inspector conducted an inspection of the business and obtained a list of vehicles sold by Clark’s Auto to scrap processors in the preceding eight months. They received $492,000 from these sales, and were not supported by the business’s books. The task force also monitored live video at Clark’s Auto from a covert camera, which recorded every vehicle being towed in or out of the facility. They matched those vehicles against the reports from scrap dealers. After further investigation throughout the summer, Clark’s Auto was permanently closed on November 24, 2014. Evidence presented at trial showed that Clark’s Auto profited nearly $1.8 million from their criminal enterprise. With the shuttering of the business, city-wide stolen vehicles dropped by 12 percent, and dropped 25 percent in the East Patrol Division.

Board Resolution 18-01 was presented to Alvin Brooks to express the Board of Police Commissioners’ sincere gratitude and genuine appreciation for his extraordinary leadership, wise counsel and tireless service to KCPD and the City of Kansas City, Missouri, and its sorrow at his retirement as a member of the Board of Police Commissioners of Kansas City, Missouri in 2017.

Board Resolution 18-02 was presented to Angela Wasson-Hunt to express the Board of Police Commissioners’ sincere gratitude and genuine appreciation for her extraordinary leadership, wise counsel and tireless service to KCPD and the City of Kansas City, Missouri, and its sorrow at her retirement as a member of the Board of Police Commissioners of Kansas City, Missouri in 2017.

Board Resolution 18-03 was presented to Michael C. Rader to express the Board of Police Commissioners’ sincere gratitude and genuine appreciation for his extraordinary leadership, wise counsel and tireless service to KCPD and the City of Kansas City, Missouri, and its sorrow at his retirement as a member of the Board of Police Commissioners of Kansas City, Missouri in 2017.

The Board took a recess at 9:55 a.m., and resumed at 10:03 a.m.

2. City Architects Report. Mr. Eric Bosch advised that the new North Patrol Division Station is running very efficiently. In December, Deputy Chief Laningham and Mr. Bosch attended an awards ceremony at the Platte County Economic Development Council. At the ceremony, the Department received The Business Excellence Award. The award will be displayed at the North Patrol Division Station.

3. Deferred Compensation and Police Retirement System Update. Sergeant Michael Satter provided an update on the Deferred Compensation Committee. Sergeant Satter advised that the Deferred Compensation Committee meets publicly every month. The Deferred Compensation Committee currently has $129 million in assets, annual contributions of $5.6 million and 1630 participants. Sergeant Satter advised that the Committee has reviewed best practices of other deferred compensation programs, attended the National Association of Governmental Defined Contribution Administrators Conference to learn from peers, and issued a RFP to hire an investment consultant to help build an effective and efficient program. The Committee will work with the Hyas Group to build a program that includes a top tier, third-party recordkeeper, appropriate and cost effective investment options, an an effective investment and retirement planning education program. The first steps with the consultant are to develop a work plan for the next six months, review the current plan document to ensure it meets IRS requirements, and to evaluate the all-inclusive contract and services provided by VOYA. In the next year, the Committee expects to create a program that is self-sufficient so that costs are paid for through the plan and not through KCPD. Sergeant Satter advised that in the near future, the Committee will present a recommendation to the Board for the recordkeeper and agreements with investment managers. The Committee will also update the Board periodically on their supervision and evaluation of the program, including the performance of the recordkeeper and investment managers, a financial audit of the program, the education components, participation rates, and any plan changes necessary to remain in compliance with IRS requirements.

Mr. Jim Pyle, Administrator of the Police Retirement System, provided an update on the Police Retirement System of Kansas City and the Civilian Employees’ Retirement System of Kansas City. He explained the Police Retirement Plan and the Civilian Employees’ Retirement Plan. He advised that in addition to retirement benefits, these plans provide disability benefits (duty and non-duty) and surviving spouse benefits.

4. Digital Upcycling. McClain Bryant and Rick Usher, Office of the Mayor, spoke about the Digital Upcycling Program. This Program is a partnership with Surplus Exchange and the City’s General Surplus Property Division whereby the City donates surplus computers and electronics for reuse and refurbishing for use in digital inclusion programs. Over the course of the agreement, Surplus Exchange has participated in providing refurbished computers in the ConnectHome Program with the Housing Authority. They have also built three community learning center computer labs in the community. Ms. Bryant explained that 17 percent of Kansas Citians do not use the internet, and 70 percent of children in Kansas City Public Schools do not have internet access at home. The Digital Upcycling Program is allowing community members to better perform at school, and helps them prepare for their life as an adult. The Department has participated in donating surplus computers and electronics. In addition to the donations, the City has asked the Department to provide officers as homework mentors in these learning centers. The community learning centers are located at Calvary Community Outreach Network, 2940 Holmes, Morningstar Family Life Center, 2525 E. 27th Street, and aSTEAM Village, 1600 Paseo. The Board would like to discuss this Program further with the City.

5. Councilperson Alissia Canady. Councilperson Canady stated that her goal for the 2018 Public Safety Committee is to better advise community members about the activities that the Committee is doing. She advised that the ordinance with Westport District requires the District to provide weekly reports to the City Council, highlighting the civil rights violations and arrests that take place at the screening sights. Councilperson Canady spoke about the significant increase in homicides in 2017, and more specifically the increase in women and children victim categories. She spoke about a social messaging campaign to keep women and children safe in the Kansas City community. She asked that the Department includes their name on this campaign.

Councilperson Canady advised that Judge Martina Peterson will fill the vacancy spot left by Judge Franco. She spoke about the ongoing issues with the Jackson County Detention Center. Councilperson Canady also advised that the Public Safety Committee is looking at ways to advertise the career of a police officer, especially to minorities throughout the City.

6. Chief Richard C. Smith. Chief Richard Smith advised that the Department has secured funding for a social service program. This three-year, $640,000 grant, awarded by the Hall Foundation, will fund six social workers and one coordinator. This grant will be matched by the City providing an additional $470,000. Gina English, the current Department social worker at Central Patrol, will be the coordinator. The other social workers will be placed at each division station. Chief Smith explained that this program focuses on incorporating long-term solutions to the most problematic areas and people throughout the City.

7. Approval of minutes. A motion was made by Commissioner Wagner, with a second by Commissioner Tolbert, to approve the minutes of the open meeting on December 12, 2017. The vote was 4-0 in favor.

8. Fraternal Order of Police Lodge 99. Sergeant Brad Lemon spoke about Missouri House Bill 1411, which includes peer counseling for police officers. He believes it is needed for police officers that need to talk to each other about the critical incidents they encounter in a privileged manner. Sergeant Lemon advised that Connecting KC will meet this evening at Wendell Phillips School. Director Merrell Bennekin, from the Office of Community Complaints, will be the speaker at this meeting.

9. Executive Services Bureau. Major Mark Francisco spoke for Deputy Chief Roger Lewis in his absence. Major Francisco presented the following items for Board approval:

a. COBAN Titan In-Car Video Systems. A memorandum dated January 12, 2018, was presented to recommend approval for a sole-source purchase of twenty-five (25) In-Car Video Systems from Coban Technologies at a cost of $130,275.00.

A motion was made by Commissioner Garrett, with a second by Commissioner Tolbert to approve the sole-source purchase of twenty-five (25) In-Car Video Systems from Coban Technologies at a cost of $130,275.00. The vote was 4-0 in favor.

b. Wireless Mobile Telephone. A memorandum dated January 12, 2018, was presented to recommend approval for the award of a one-year renewal to provide wireless services through North American Procurement Officials (NASPO). The total estimated annual expenditure, to include a 10 percent fluctuation cost, will be $695,174.16. The renewal period will be February 1, 2018 to January 31, 2019.

A motion was made by Commissioner Wagner, with a second by Commissioner Garrett, to approve the award for a one-year renewal for wireless services through NASPO at a total estimated annual expenditure of $695,174.16. The vote was 4-0.

c. Board Resolutions and Signature Cards for Department Accounts. A memorandum dated January 10, 2018, was presented to recommend approval of necessary signature changes on various documents as presented. These signature changes are necessary to accommodate appointments to the Board and personnel changes within the Executive Services Bureau and Fiscal Division.

A motion was made by Commissioner Garrett, with a second by Commissioner Tolbert to approve the necessary changes as presented. The vote was 4-0 in favor.

d. Budget Transfers for Fiscal Year 2017-18. A memorandum dated

January 11, 2018, was presented to recommend approval of budget transfers. This budget transfer will affect the General Fund and the Police Grants Fund.

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

e. Bank Pledge Agreement Form. A memorandum dated January 10, 2018,

was presented to recommend approval of necessary signature changes on Pledgee Agreement Form at the Federal Reserve Bank of Boston. The Department holds collateral in the form of securities pledge to the Board of Police Commissioners at the Federal Reserve Bank of Boston. These signature changes are necessary to accommodate appointments to the Board and personnel changes within the Executive Services Bureau and Fiscal Division.

A motion was made by Commissioner Wagner, with a second by Commissioner Tolbert, to approve the necessary signature changes as presented. The vote was 4-0 in favor.

f. Communication Unit Update. Major Francisco provided an update on the Communications Unit. He stated that fourteen recently-hired members are currently in various stages of training, and the Department is looking to hire approximately ten more people for the Unit by the end of January. He advised that Department has processed 174 applications since the beginning of the increased hiring efforts, and 63 applicants are still being processed. The Communications Unit accrued 318 hours of overtime during the month of December. This totals approximately 40 shifts. The Unit is still reliant on contracted employees and non-Communication Unit personnel to cover the overtime shifts. The Unit is currently staffed at 92 members, with seven open positions available. The Department has requested an additional 21 positions in the year’s budget request.

10. Professional Development and Research Bureau. Deputy Chief Bob Kuehl presented the Academy Class Summary for January 2018. He advised that the 161st Entrant Officer Class and a Lateral Transfer Class graduated from the Academy on January 11, 2018. The 162nd Entrant Officer Class will graduate on May 17, 2018. A new Academy class is expected to begin on February 20, 2018.

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

a. Project #930: Sworn Ranks, Titles, and Promotion Process
b. Project #1071: Code of Ethics and Rules of Conduct
c. Project #1019: Emergency Operations Procedures
d. Project #980: Response to Community Complaints
e. Project #1002: Fiscal Procedures, Bureau Commander Changes and DM 01-15, “POST Fund Expenditure Requests”
f. Project #862: Overtime/Court Time Policy
g. Project #950: Legal Restrictions Affecting Performance of Duty

A motion was made by Commissioner Tolbert, with a second by Commissioner Garrett, to approve the consent agenda items as presented. The vote was 4-0 in favor.

11. Investigations Bureau. Deputy Chief David Bosworth presented the Board with the Investigations Bureau reports for December 2017. Deputy Chief Bosworth advised that to-date in 2018, there have been six homicides, compared to nine at this time last year. He stated that changes will be implemented within the Investigations Bureau to assist in solving the violent crimes throughout the City more efficiently.

12. Administration Bureau. Deputy Chief Karl Oakman presented the Regional Criminalistics Division monthly statistics for January 2018. He advised that beginning next month, a new category will be added to the monthly statistics to compare non-violent crime backlog versus violent crime backlog. He also advised that KCPD held a career fair two weeks ago at Hillcrest Community Center. There were 88 participants; 29 of the participants have filled out applications and started the process to become police officers.

Sergeant Garrik Haynes provided a demonstration on the Department’s new online application. The application has been online for a week. Deputy Chief Oakman and Sergeant Bediako are pursuing more employment efforts in the faith-based communities, more specifically in local churches.

Regional Criminalistics Division Director Linda Netzel explained that the Crime Lab compares favorably to, and exceeds the national benchmark for crime labs around the country in terms of the number of cases per technician handled. The Crime Lab also compares to the state benchmark. Personnel from the Crime Lab are continuously researching ways and incorporating changes to improve its efficiency. Director Netzel advised that the Crime Lab has all of the latest software.

13. Patrol Bureau. Deputy Chief Sharon Laningham spoke about Department staffing. She advised that in 2014, the Department had 760 sworn personnel at the rank of police officer. At the end 2017, the Department was only staffed with 685 sworn officers. Deputy Chief Laningham presented the Monthly Offense Summary dated November 2017.

Deputy Chief Laningham presented the Traffic Summary for the month of December 2017 and the 2017 Year-End Fatality Report. She advised that there were 99 fatalities in 2017, compared to 68 in 2016. She also advised that the City has funded 10 additional parking control officers for 2018. These 10 parking control officers will begin focusing on the parking issues downtown. In 2014, the Traffic Division was staffed with 52 officers. At the end of 2017, the Traffic Division was only staffed with 43 officers.

Deputy Chief Laningham advised that on January 14, 2018, a newly-promoted Sergeant began his first shift as a supervisor. The new Sergeant was riding along with a tenured Sergeant at Blue Ridge Boulevard and Hardesty Avenue, when a suspect fired 2-3 shots into their police vehicle. The Sergeants took the suspect into custody, and he is currently being held in the Jackson County Jail on two counts of Aggravated Assault on a Law Enforcement Officer, two counts of Armed Criminal Action, and one count of Unlawful Use of a Firearm.

Deputy Chief Laningham presented the December 2017 Executive Summary. She advised that 911 calls received has increased by 7 percent from 2016, yet the response time has decreased by over a minute.

14. Office of General Counsel. Acting General Counsel Jamie Cook stated she had nothing for discussion at this time.

15. Human Resources. Director Meredith Rund presented the Personnel Summary dated January 5, 2018. For this time period, Department strength is 1,279 law enforcement and 516 civilians.

16. Private Officer Licensing Unit. Manager Tamy Gallagher presented the following Private Officer License appeal:

a. Private Officer License Appeal, Mr. Willie A. Meadows. A memorandum dated November 30, 2017, recommended the denial of the unarmed private security license of Mr. Willie A. Meadows. The basis for the denial is outlined in Title 17 of the Code of State Regulations, Section 10-2.050(3)(G), which stipulates, an applicant must “Not have been convicted of a felony or misdemeanor in federal or state court.” Mr. Meadows has a felony conviction for Sell/Furnish/ETC Marijuana/Hash, on March 20, 2000, in San Diego, California. This appeal was presented at the December Board meeting, but was tabled for a month. Mr. Meadows was allowed to provide the Board with additional information on his felony conviction. Mr. Meadows failed to provide additional information. Further research by the Private Officers Licensing Unit, however, uncovered additional convictions that Mr. Meadows failed to disclose.

A motion was made by Commissioner Wagner, with a second by Commissioner Garrett, to deny the appeal and revoke the unarmed private security license of Mr. Willie A. Meadows. The vote was 4-0 in favor.

17. Office of Community Complaints. Director Merrell Bennekin thanked the FOP and Sergeant Brad Lemon for the invitation to speak on behalf of the Office of Community Complaints at the Connecting KC event later this evening, as previously mentioned by Sergeant Lemon.

18. Secretary/Attorney David Kenner. Mr. Kenner provided the Board with a memorandum dated January 16, 2018, discussing Private Officer Licensing and the Disciplinary Appeals Process. The Board requested Manager Tamy Gallagher to provide input to the Board regarding the future function of the disciplinary appeals process, and to begin the process to revise the private officer licensing regulations.

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

Regular Meetings:

February 13, 2018, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

March 20, 2018, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

April 10, 2018, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

May 8, 2018, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

June 12, 2018, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

A motion was made by Commissioner Garrett, with a second by Commissioner Tolbert, and by vote indicated below, to adjourn its open meeting at 12:00 p.m. and reconvene in closed session as provided in the following resolution. Following a roll call, the vote was 4-0 in favor.

RESOLUTION

WHEREAS, notice of the board meeting of the Board of Police Commissioners was given on September 14, 2017, 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, January 23, 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 Mark Tolbert – Aye
Commissioner Don Wagner – Aye
Commissioner Nathan Garrett – Aye
Commissioner Leland M. Shurin – 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 January 23, 2018:

Mayor James had an excused absence from the meeting. Commissioner Wagner left the meeting at 12:33 p.m.

1) Following a motion by Commissioner Tolbert, with a second by Commissioner Garrett, the Board voted to approve the application for continued employment of Detective Wayne Fitzer. The vote was 3-0 in favor. Following polling, Commissioner Tolbert voted aye, Commissioner Garrett voted aye, and Commissioner Shurin voted aye.

2) Following a motion by Commissioner Garrett, with a second by Commissioner Tolbert, the Board voted to approve the duty-related disability retirement of Police Officer xxxxx1 The vote was 3-0 in favor. Following polling, Commissioner Tolbert voted aye, Commissioner Garrett voted aye, and Commissioner Shurin voted aye.

3) Following a motion by Commissioner Shurin, with a second by Commissioner Tolbert, the Board voted to approve the minutes of the closed session of the Board of Police Commissioners on December 12, 2017. The vote was 3-0 in favor. Following polling, Commissioner Tolbert voted aye, Commissioner Garrett voted aye, and Commissioner Shurin voted aye.

4) Following a motion by Commissioner Tolbert, with a second by Commissioner Shurin, 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 Garrett voted aye, and Commissioner Shurin voted aye.

The meeting adjourned at 1:39 p.m.

____________________
Secretary/Attorney

____________________
President

[1] Name redacted for privacy and confidentiality reasons.

Board of Police Commissioners Minutes