June 12, 2018, Meeting
MINUTES OF THE
BOARD OF POLICE COMMISSIONERS MEETING
TUESDAY, JUNE 12, 2018
A meeting of the Board of Police Commissioners of Kansas City, Missouri was held on Tuesday, June 12, 2018, at KCPD Headquarters, Community Room, 1125 Locust Street, Kansas City.
PRESENT:
Commissioner Nathan Garrett, President
Commissioner Don Wagner, Treasurer
Commissioner Mark Tolbert, Member
Mayor Sylvester “Sly” James, Jr., Member
Mr. David V. Kenner, Secretary/Attorney
Richard C. Smith, Chief of Police
ABSENT:
Commissioner Leland M. Shurin, Vice-President
This meeting was called to order at 9:31 a.m. by Commissioner Garrett. Civilian Sarah Slentz led the Pledge of Allegiance. Chaplain Kevin Hardy provided the invocation. Commissioner Shurin had an excused absence. Mayor James joined the meeting at 9:37 a.m.
- Awards and Commendations. The Certificate of Appreciation was presented to The Kansas City Chiefs, Mr. Ramzee Robinson and Mr. B.J. Stabler for their efforts to improve relationships between the team and the Department. Mr. Stabler, Director of Player Engagement, and Mr. Robinson, Player Engagement Coordinator, reached out to the Department to begin coordinating events during National Police Week, that would help team members learn about what KCPD officers do, and for players and officers to get to know each other.
Mr. Stabler and Mr. Robinson arranged for six members of the Chiefs defensive line to visit the Special Operations Division on May 15, 2018, where players learned about units like Canine, Bomb and Arson and Tactical Teams. They also presented an autographed Chiefs football to Officer Antoney Perez, as a thank you for all the work he does with urban-core youth, through the Police Athletic League (PAL). Both the players and officers thoroughly enjoyed the visit, and the players gained a new respect for the work officers do and the decisions they have to make in high-stakes situations.
Less than a week later, Mr. Stabler and Mr. Robinson worked with police to host a barbecue for police officers and their families at the PAL Center. City Councilman Scott Wagner’s office also assisted with the event. More than a dozen Chiefs players came, and some brought along their families. The players put on a football clinic for officers’ children, and everyone enjoyed barbecue together. Media was not told about the event because the Chiefs wanted it simply to be a night to honor KCPD officers. Mr. Stabler and Mr. Robinson are looking forward to coordinating future partnership opportunities and events to further build the relationship between two great Kansas City institutions – The Chiefs and the Police Department.
The Life-Saving Award was presented to Officer Nathan Magers, and the Certificate of Appreciation was presented to Mr. Jay Waldo. On the afternoon of August 9, 2017, Officer Shawn Moore wasn’t able to reach her husband. He always responds to calls and texts, so she became very concerned when he didn’t that day. Officer Moore’s husband served seven tours of duty in Afghanistan, and suffers from chronic Post-Traumatic Stress Disorder (PTSD). Officer Moore worried he may have tried to harm himself. She used a phone-tracking app they shared, and her heart sunk when her husband’s phone was located at a dead-end road along 45 and 435 highways.
Officer Moore called Officer Magers, who was at a nearby conference working with Warriors’ Ascent. Warriors’ Ascent is a program whose mission is to bring hope to veterans and first responders who are suffering from PTSD. Officer Magers is a frequent volunteer, and Jay Waldo is the co-founder. Officer Moore explained the situation to Officer Magers. Officer Magers and Mr. Waldo know her husband well, so they both immediately went to her husband’s location.
They arrived a bit before Officer Moore did, and found her husband had hung himself from a bridge over the creek. He was unconscious and not breathing, but he was still alive. They cut him down, and when he landed in the creek, the cold water and force of hitting it made him take a breath. Officer Magers and Mr. Waldo pulled him to the bank and cleared his airway by removing the strap from around his neck. They also called for an ambulance.
Officer Moore’s husband didn’t remember what happened or where he was. After a night in intensive care and several more days in the hospital, Officer Moore’s husband returned home. Officer Moore credits Officer Magers and Mr. Waldo for their quick actions to save her husband’s life.
The Life-Saving Award was presented to Officer Ross Davis. On the morning of October 10, 2017, 10-year-old Caleb Downs was taking a cab to school. His mom said he was goofing around in the backseat and ended up wrapping the seatbelt around his neck. The seatbelt locked into place, and he couldn’t get it off. Another child in the backseat alerted the cab driver to what was happening. The driver pulled over on 169 Highway and tried to get the seatbelt off of Caleb’s neck, but it was still locked and not moving. Caleb’s head was pinned against the seat, and he was starting to turn blue.
The cab driver looked up and saw a police officer had a commercial truck pulled over on 169 Highway, near Shoal Creek Parkway. That officer was Ross Davis of the Commercial Vehicle Inspection Section. The cab driver pulled up behind Officer David, and approached him very distraught. Caleb was losing consciousness by that point. Officer Ross retrieved a razor blade from his inspection equipment and cut the seatbelt, freeing Caleb. Officer Davis’ calm demeanor helped Caleb remain calm.
Officer Davis called to check on Caleb both later in the day and several days later. Caleb is doing well, and he and his family were present in the audience to thank Officer Davis.
The Chief’s Baton was presented to Mayra Aguirre and William Hall. Buzz Willard of the Police Foundation set up a meeting between the Hall Family Foundation, the KCPD and Gina English, to engage in discussion about the possibility of bringing social service workers to every division station.
Mayra Aguirre from the Hall Family Foundation engaged with the Department through the process of applying for and obtaining a matching grant from the Hall Family Foundation. That grant and City contributions allowed the Department to hire social service workers for each division station, expanding the pilot program Department-wide.
The Department expresses its sincere thanks for the Hall Family Foundation gift of $640,000, and the City matching funds over $400,000. Chief Smith and Gina English introduced the Department social workers.
The Board took a recess at 9:45 a.m. The meeting resumed at 9:51 a.m. Deputy Chief Roger Lewis introduced the Calltaker Class from the Communications Unit that began training on May 29, 2018. There are seven new members in the class, plus one rehired member.
Deputy Chief Karl Oakman introduced the first Youth Academy Class. Deputy Chief Oakman advised that this class is meeting this week at East Patrol Division, from 9:00 a.m. to 1:00 p.m., to learn about the inner workings of the Department. Deputy Chief Oakman thanked the City for providing transportation and lunch for the youth attending the Academy sessions this summer. He also thanked the FOP for providing t-shirts.
- Chief Richard C. Smith. Chief Richard Smith spoke about the Youth & Police Initiative. He advised that the group held its first dinner event at the Wagner Center, located at the Boys and Girls Club of Kansas City. He received a lot of positive feedback from both the officers and the youth that attended. Chief Smith thanked Commissioner Wagner for his support with this initiative. The Department plans to do six more in the next year.
Chief Smith advised he attended the Police Executive Research Forum (PERF) Conference on Gun Violence in Washington D.C. last week. He learned that there were 11,000 gun-related homicides last year; and there were 22,000 gun-related suicides last year. Chief Smith advised that the Department is putting extra focus on gun crimes. He also stated that all sworn Department members will receive at least 20 hours of mandatory Crisis Intervention Training.
Chief Smith spoke about the new Parking Control plan. He advised that parking control enforcement is essential for downtown business growth and success.
- Councilperson Alissia Canady. Councilperson Canady spoke about the City’s partnership with the Department, to provide transportation and meals for the youth attending KCPD’s Youth Academies. She thanked Ride KC – KCATA for providing the transportation.
Councilperson Canady spoke about other community outreach programs hosted by KCPD this summer, such as South Patrol Movie Nights. She thanked the Department for their efforts in increased community initiatives, and acknowledged the City’s support.
- Approval of minutes. A motion was made by Commissioner Tolbert, with a second by Mayor James, to approve the minutes of the open meeting on May 8, 2018. The vote was 4-0 in favor.
- Fraternal Order of Police Lodge 99. Sergeant Brad Lemon advised that the State FOP Conference will take place this weekend in Jefferson City, Missouri. He also advised that House Bill 1355 for Peer Counseling passed this year and was signed by Former Governor Eric Greitens.
Sergeant Lemon spoke about the Law Enforcement Memorial Garden. He advised that a $50,000 donation for the memorial was received. Approximately 10 additional members or groups advised they will also make a donation. Sergeant Lemon expressed thanks for the donations received.
The FOP, along with Kansas City Parks & Recreation, will host the 2nd Annual Teddy Bear Picnic on July 13, 2018. The FOP will host the 3rd Annual Golf Tournament on September 1, 2018. The proceeds from the golf tournament will go towards to the Memorial Foundation.
- Executive Services Bureau. Deputy Chief Roger Lewis presented the following items for Board approval:
a. Budget Transfers for Fiscal Year 2018-19. A memorandum dated May 31, 2018, was presented to recommend approval of budget transfers. This budget transfer will affect the General Fund, the Police Drug Enforcement Fund and the Police Grants Fund.
A motion was made by Mayor James, with a second by Commissioner Wagner, to approve the budget transfers as presented. The vote was
4-0 in favor.
b. Addendum HIDTA Investigative Support Center Initiative Cooperative Agreement #G17MW0003A. A memorandum dated May 29, 2018, was presented to recommend approval and formal acceptance for the $72,006.00 in additional funding for the period of January 1, 2017 through December 31, 2018, for the HIDTA Investigative Support Center. This additional funding will increase all budget items. With this additional funding, the award total is $397,720.00.
A motion was made by Commissioner Wagner, with a second by Commissioner Tolbert, to approve the Addendum HIDTA Investigative Support Center Initiative Cooperative Agreement #G17MW0003A as presented. The vote was 4-0 in favor.
c. Contract Personnel with EPS Software Corp. A memorandum dated May 24, 2018, was presented to recommend approval of a single source contract with EPS Software Corp. On September 15, 2015, the Board approved the Computer Aided Dispatch (CAD) and Records Management System (RMS) replacement. In 2017, due to limited in-house resources, the Department engaged EPS Software Corp to assist. In order to meet the successful deployment of the new RMS system in a timely manner, EPS Software Corp is needed for this critical piece of the project. The total expenditure will not exceed $143,100.00. EPS Software Corp is familiar with the Department’s system and has done a great job thus far.
A motion was made by Commissioner Tolbert, with a second by Commissioner Wagner, to approve the single source contract with EPS Software Corp, for a total expenditure not to exceed $143,100.00. The vote was 4-0 in favor.
d. Missouri Crime Lab Update Program (MCLUP). A memorandum dated May 22, 2018, was presented to recommend approval and formal acceptance of the Missouri Department of Public Safety award of $59,196.93, for the Missouri Crime Lab Update Program (MCLUP). The purpose of the program is for the Latent Print Section to perform laboratory analysis and technical reviews on property crimes related evidence, in order to reduce backlog. The award will fund overtime for five latent print examiners and one latent print supervisor, and it will cover the expenses for one latent print contractor. The award period is June 1, 2018 through May 31, 2019. This is the 24th year of funding.
A motion was made by Commissioner Wagner, with a second by Commissioner Tolbert, to approve the MCLUP award in the amount of $59,196.93. The vote was 4-0 in favor.
e. Bid No. 2018-7 SEM-EDS Instrument. A memorandum dated May 30, 2018, was presented to recommend approval to purchase one Scanning Electron Microscope Energy Dispersive X-Ray Spectrometer (SEM-EDS) from JEOL USA, Inc., for a total expenditure of $259,679.00. This instrument allows samples to be observed at greater than 100,000 times magnification. This would allow for improved testing of all trace evidence, for example: paint, fibers, polymers, vehicle lamps, unknown materials, and physical matches. Furthermore, an SEM-EDS would allow the Lab to provide prime gunshot residue testing services. This would assist in shooting investigations. JEOL was the least expensive bid, while still fulfilling the needs of the Lab.
A motion was made by Commissioner Tolbert, with a second by Commissioner Wagner to approve the purchase of a SEM-EDS instrument from JEOL USA, Inc., for a total expenditure of $259,679.00. The vote was 4-0 in favor.
f. Communications Unit Update. Deputy Chief Lewis provided an update on the Communications Unit. He advised that the number of 911 calls received during the month of May 2018 were down from previous months. He also advised that the 911 hold time has increased from 21 seconds to 25 seconds.
- Professional Development and Research Bureau. Deputy Chief Bob Kuehl presented the Academy Class Summary for June 2018. He advised that the 163rd Entrant Officer will graduate on September 6, 2018. The 164th Entrant Officer Class will begin on June 18, 2018. There will be 44 candidates in the 164th E.O.C.
Deputy Chief Kuehl introduced the new Command Staff for the Academy: Major Diane Mozzicato and Captain Joe Mabin. He thanked Captain Stephenie Price for her dedication to the Academy during her assignment as a Commander at the Academy. There are two Commander positions at the Academy; however, Captain Price was the sole Commander at the Academy for over five months.
- Investigations Bureau. Deputy Chief David Bosworth presented the Investigations Bureau report for May 2018. Deputy Chief Bosworth advised that to-date in 2018, there have been 50 homicides, compared to 63 at this time last year. He advised that aggravated assaults have decreased by nine percent. Since June 10, 2018, there have been 191 shooting victims reported, compared to 225 at this time last year. The Patrol Bureau’s possession of narcotics cases have increased by 56%; there have been 493 cases this year, compared to 316 last year. Narcotics-related arrests have increased by 25% year-to-date; the sale of narcotics cases, conducted by the Narcotics and Vice detectives, have increased 32% year-to-date.
Deputy Chief Bosworth advised that methamphetamine is the highest-risk drug in the six state area of South Dakota, North Dakota, Missouri, Iowa, Kansas, and Nebraska. Heroin and opiods rank second in the high-risk category, controlled prescription drugs rank third, and marijuana ranks fourth. There have been eight overdose deaths so far this year, and 7 non-fatal overdoses.
There are currently 186 felon in-possession cases. Since Backpage was shut down, there has been a slight increase in street prostitution.
- Administration Bureau. Deputy Chief Oakman presented the Regional Criminalistics Division monthly statistics for June 2018.
Director Linda Netzel spoke about the recent media attention regarding the thousands of untested rape kits in Missouri storage. Director Netzel advised that the Attorney General’s Office sent out a survey to Missouri law enforcement agencies regarding rape kits. According to a news source, the KCPD Crime Lab had the longest reported average turnaround time at 211 days; the average was 98 days. Director Netzel advised that this report is a reflection on how the Lab chose to answer the survey questions. Director Netzel explained that unlike any other agency in the State, KCPD goes to every area hospital to collect all of the rape kits that are collected. This results in the Department receiving hundreds more rape kits than any other agency.
Director Netzel explained that a vast majority of the kits in the Lab’s backlog have been reviewed by detectives; however, detectives have not requested that those kits be analyzed. The kits date back to 2014. She advised that the Lab is utilizing a backlog reduction grant, and as a result, sent off 523 kits for analysis. The analysis of the kits was completed, and to-date no charges have been filed on any of the cases. In response to a question, Director Netzel advised that rape kits are not tested until they are requested to be reviewed.
The survey asked for the turnaround time from submission of the kits. Director Netzel advised that turnaround time depends on how the agency prioritizes each crime. KCPD classifies homicides, rapes, aggravated assaults and robberies all at the same level priority.
The survey also asked for the number of rape kits worked at each agency. KCPD answered with 98 worked kits; however, they also worked 187 sexual offenses. Director Netzel believes other agencies combined the number of rapes and sexual offenses they worked, and used that total as their survey answer. Director Netzel advised that the KCPD Crime Lab is performing at the same level as other agencies in Missouri. The Lab continues to review processes and methods to maximize efficiency.
Director Netzel stated that the Crime Lab is making lots of progress in reducing the latent print backlog; it’s down 65% in the last one-and-a-half-years, and should be eliminated this year.
Deputy Chief Karl Oakman presented the Personnel Summary dated June 6, 2018. For this time period, Department strength is 1,306 sworn law enforcement and 543 career civilians.
In response to a question asked at the May Board meeting, Deputy Chief Oakman explained the firearms destruction process. The Department destroys firearms that are held for safekeeping, evidence, or that are forfeited by the court and not to be returned to the suspect. When it is time for the firearms to be destroyed, they are locked in a crate to which only the auditor has access. They are then transferred to a destruction site and shredded as a whole. The Property and Evidence staff witness the destruction.
In 2017, the Department destroyed 314 firearms; 246 firearms have been destroyed to-date 2018. There is a destruction date scheduled for mid-July 2018, and the Department expects to destroy an additional 300 firearms.
Deputy Chief Oakman spoke about the 164th Entrant Officer Class that will begin the Academy on Monday, June 18. There are 44 recruits in the class: 28 white males, two Hispanic males, five black males, two Asian males, five white females and one black female. Deputy Chief Oakman noted the diversity in applicants that the Department has received. Deputy Chief Oakman also thanked Chief Smith for meeting with the parents and family members of the recruits of the 164th Entrant Officer Class for a question and answer session. In response to a question, Deputy Chief Oakman advised that Department has put additional effort towards recruiting female candidates.
- Patrol Bureau. Deputy Chief Laningham presented the Monthly Crime and Offense Summary dated April 2018. Violent crimes are down 13% and property crimes are down 4%, for an overall reduction of 7%. Deputy Chief Laningham presented the Traffic Summary for the month of May 2018. She advised that 13,671 traffic citations were issued during May 2018, compared to 9,768 traffic citations in May 2017. Deputy Chief Laningham advised that parking control citations totaled 3,702. There are seven recently hired Parking Control Officers and one rehire. To-date in 2018, there have been 28 fatalities, compared to 35 at this time last year. Deputy Chief Laningham presented the May 2018 Executive Summary.
- Office of General Counsel. General Counsel Jennifer Atterbury stated she had nothing for discussion at this time.
- Office of Community Complaints. Director Merrell Bennekin advised there has been an increase in harassment complaints filed, but he advised that Board should focus on the complaints sustained against officers after OCC’s investigation, and not the total number of complaints filed. He does not see a concern with the complaints received.
- Audit Committee Update. Commissioner Wagner advised than an audit was conducted on the Homicide Unit files, from the time period of in 2011 to present. The audit was successful. He noted that current homicide files are backed up electronically. Commissioner Wagner advised that the Audit Committee will now review juvenile processes.
- Scheduled meetings.
The Board of Police Commissioners of Kansas City, Missouri has scheduled the following meetings:
Audit Committee Meeting:
June 22, 2018, 2:00 p.m., at Levy Craig Law Firm, 4520 Main Street, Suite 1600, Kansas City.
Regular Meetings:
July 10, 2018, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
August 14, 2018, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
September 17, 2018, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
October 9, 2018, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
November 13, 2018, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
December 17, 2018, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
A motion was made by Commissioner Tolbert, with a second by Commissioner Wagner, and by vote indicated below, to adjourn its open meeting at 11:17 a.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, June 12, 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:
Mayor Sylvester “Sly” James – Aye
Commissioner Nathan Garrett – Aye
Commissioner Mark Tolbert – Aye
Commissioner Don Wagner – 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 June 12, 2018:
The Board went into closed session at 11:32 a.m. Commissioner Shurin had an excused absence.
1) Following a motion by Mayor James and a second by Commissioner Tolbert, the Board voted to grant certain authority to settle the case of Thomas Morgan v. John Mahoney, et al. The vote was 4-0 in favor. Following polling, Mayor James voted Aye, Commissioner Wagner voted Aye, Commissioner Garrett voted Aye, and Commissioner Tolbert voted Aye.
2) Following a motion by Commissioner Tolbert and a second by Mayor James, the Board voted to approve the duty-related disability retirements of xxxx1, yyyy2, and zzzz3. The vote was 4-0 in favor. Following polling, Mayor James voted Aye, Commissioner Wagner voted Aye, Commissioner Garrett voted Aye, and Commissioner Tolbert voted Aye.
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3) Following a motion by Commissioner Tolbert and a second by Mayor James, the Board voted to approve the applications for continued employment of Officer Karen Jenkins, Deputy Chief Roger Lewis, Captain Roy True, and Reserve Detective Brent Marchant. The vote was 4-0 in favor. Following polling, Mayor James voted Aye, Commissioner Wagner voted Aye, Commissioner Garrett voted Aye, and Commissioner Tolbert voted Aye.
4) Following a motion by Commissioner Tolbert and a second by Mayor James, the Board voted to approve the minutes of the closed session of the Board of Police Commissioners on May 8, 2018. The vote was 4-0 in favor. Following polling, Mayor James voted Aye, Commissioner Wagner voted Aye, Commissioner Garrett voted Aye, and Commissioner Tolbert voted Aye.
5) Following a motion by Mayor James and a second by Commissioner Tolbert, the Board voted to go into special closed session to discuss certain personnel matters. The vote was 4-0 in favor. Following polling, Mayor James voted Aye, Commissioner Wagner voted Aye, Commissioner Garrett voted Aye, and Commissioner Tolbert voted Aye.
6) Following a motion by Commissioner Tolbert and a section by Commissioner Wagner, the Board voted to come out of special closed session and adjourn. The vote was 4-0 in favor. Following polling, Mayor James voted Aye, Commissioner Wagner voted Aye, Commissioner Garrett voted Aye, and Commissioner Tolbert voted Aye.
The meeting adjourned at 1:08 p.m.
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President
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Secretary/Attorney
Board of Police Commissioners Minutes