March 23, 2021 Meeting
A meeting of the Board of Police Commissioners of Kansas City, Missouri was held on Tuesday, March 23, 2021, in the Community Room at Police Headquarters, 1125 Locust Street, Kansas City.
PRESENT:
Commissioner Mark Tolbert, Vice President
Commissioner Nathan Garrett, Member
Mayor Quinton Lucas, Member
Mr. David V. Kenner, Secretary/Attorney
Richard C. Smith, Chief of Police
ABSENT:
Commissioner Don Wagner, President
Commissioner Cathy Dean, Treasurer
This meeting was called to order at 9:32 a.m. by Commissioner Tolbert. Commissioners Wagner and Dean had excused absences. Commissioner Tolbert led the Pledge of Allegiance. Pastor Darron Edwards provided the invocation.
- Chief of Police Richard C. Smith. Chief Smith advised that Deputy Chief Mark Francisco was selected as the new Chief of Police in Cheyenne, Wyoming, and has retired from KCPD. Chief Smith spoke favorably about Deputy Chief’s long-term career and success with KCPD. Commissioner Garrett and Mayor Lucas echoed Chief Smith’s comments, and wished Deputy Chief Francisco success in his new career.
Chief Smith spoke about the public safety partnership with the U.S. Attorney’s Office and the Department of Justice. The group will meet again on March 31, 2021, to discuss the nationwide violent crime trends and best practices for addressing these problems.
Pastor Darron Edwards spoke about Getting to the Heart of the Matter, a partnership of local churches and KCPD joining together to establish trust and reduce violence within the community. Pastor Edwards shared a quote, “if you have motion, there’s going to be friction.” He advised that he has witnessed friction during the efforts of Getting to the Heart of the Matter, but things are in motion towards a positive relationship.
Pastor Edwards advised that Getting to the Heart of the Matter has hosted three meetings so far in 2021, with over 100 key stakeholders. The meetings have occurred at the Metro Patrol Division Station, South Patrol Division Station, and Shoal Creek Patrol Division Station. He will meet with those in North Patrol today at 12:00 p.m. Pastor Edwards advised that he, along with Pastor Lindsay and Dr. Cleaver, hosted two lunch-and-learn meetings. Through conversations, the need to discuss emotional maturity and conflict resolution has emerged.
Pastor Edwards explained that Getting to the Heart of the Matter would not be what it is today without the support of Chief Smith. Pastor Edwards spoke about a letter that the Heartland Presbytery Church addressed to the Board regarding the employment of Chief Smith. Pastor Edwards met with the Executive Presbyter of the Heartland Presbytery Church, and they have since sent a letter of clarification for their previous comments. Pastor Edwards read a copy of the letter to the Board.
Chief Smith introduced KCPD Chaplain Lenny LaGuardia. Chaplain LaGuardia explained the Department chaplains’ role in the Department. He advised that there is a chaplain assigned to each division station. He advised that they are there to learn, talk, pray, listen, lift, and support law enforcement, while bridging the gap with the community. Chaplains often respond to calls with officers, and offer support to both law enforcement and citizens.
Chief Smith spoke about the role the chaplains played after the officer suicide at South Patrol Division earlier this year. Chief Smith advised that the chaplains are actively involved at all division stations, and he expressed his thanks for what they do.
- Public Comments. Jerry Gallagher, Retired KCPD Deputy Chief, spoke about the life and career of community activist Alvin Brooks. Mr. Gallagher spoke about Alvin Brooks’ career with KCPD and his leadership in founding the Ad Hoc Group Against Crime. Mr. Gallagher requested that the Board rename the Community Room at Headquarters, the “Board room,” after Alvin Brooks.
Sheryl Ferguson expressed her concern with the operations of KCPD. She expressed the need for the Board to listen to the community, and have the desire to improve victimized areas. She expressed frustration and feels ignored by the Board.
Mike Casper expressed his appreciation for the police. He expressed that the primary problem is people that break the law, and if the police received cooperation, things would be much better.
A Northland resident and business owner named Conrad expressed his appreciation for the police. He explained that he grew up in New Orleans, Louisiana, in an abusive home. He relocated to the Kansas City area to rebuild his life. He advised that he has faced a lot of discrimination in his life. He said he has always viewed police as bringing a sense of joy and peace. He expressed his thanks to the men and women of KCPD.
Ky Williams expressed her concern with officer-involved shootings in Kansas City. She questioned why the officer that shot Donnie Sanders is still on payroll. She expressed her frustration and concern with the operations of KCPD.
Vincent Muhammad expressed his support for the police.
- Approval of minutes. A motion was made by Mayor Lucas, with a second by Commissioner Garrett, to approve the minutes of the open meeting on February 16, 2021. The vote was 3-0 in favor.
- Executive Services Bureau. Deputy Chief Karen True presented the following items for Board approval:
- Supplemental Appropriations for Fiscal Year 2020-21. A memorandum dated
March 9, 2021, was presented to recommend acceptance of City Ordinance 210071, and authorize increases to the corresponding revenue and appropriation accounts. City Council passed Ordinance 210071 on February 4, 2021, to provide $100,000 as a supplemental appropriation from the U.S. Department of Justice in the form of a BYRNE JAG Grant. This funding will go to support KC NoVA.
Commissioner Garrett inquired on the current status of KC NoVA. Chief Smith advised that the governing board meetings have been productive. The strategic objectives of KC NoVA include focus deterrence and community policing. Voting members on the Board include the Chief of Police, Mayor Lucas, Jackson County Prosecutor Jean Peters-Baker, UMKC Chancellor Dr. Novak, and Probation and Parole. Non-voting members include representatives from the FBI, ATF, and the U.S. Attorney’s Office.
A motion was made by Mayor Lucas, with a second by Commissioner Garrett, to accept City Ordinance 210071, and authorize a $100,000 increase to the appropriate account. The vote was 3-0 in favor.
- Budget Transfers for Fiscal Year 2020-2021. A memorandum dated March 10,
2021, was presented to recommend approval of budget transfers. This budget transfer will affect the General Fund, Police Drug Enforcement Fund, Police Grants Fund, Jackson County Drug Tax Fund, and the Grants Special Revenue Fund.
A motion was made by Commissioner Garrett, with a second by Mayor Lucas, to approve the budget transfers as presented. The vote was 3-0 in favor.
- Adjustments to Special Revenue Accounts for Fiscal Year 2020-21. A
memorandum dated March 10, 2021, was presented to recommend approval of an $1,810 adjustment in the Special Services Fund. The amount of $1,810 will be decreased from the Private Officers Licensing Minor Equipment Fund and will be allocated to the Private Officers Licensing Computer Equipment Fund, to be used for the purchase of computer equipment.
A motion was made by Commissioner Garrett, with a second by Mayor Lucas, to approve the $1,810 adjustment as described. The vote was 3-0 in favor.
- Bid #2019-8, Motorcraft Parts, Brakes/Components, and Accessories. A memorandum dated March 15, 2021, was presented to recommend approval for a one-year renewal contract with Factory Motor Parts for motorcraft parts, brakes/components, and accessories, at an anticipated expenditure of $191,971.20.
A motion was made by Commissioner Garrett, with a second by Mayor Lucas, to approve the one-year renewal contract with Factory Motor Parts, for motorcraft parts, brakes/compenents, and accessories, at an anticipated expenditure of $191,971.20. The vote was 3-0 in favor.
- Bid #2019-9, Ford Parts and Accessories. A memorandum dated March 15, 2021, was presented to recommend approval for a one-year renewal contract with Thoroughbred Ford for Ford parts and accessories, at an anticipated expenditure of $167,433.60. Mayor Lucas noted that Thoroughbred Ford is a Kansas City local business.
A motion was made by Mayor Lucas, with a second by Commissioner Garrett, to approve the one-year renewal contract with Thoroughbred Ford, at an anticipated expenditure of $167,433.60. The vote was 3-0 in favor.
- DWI Saturation Enforcement Increase. A memorandum dated March 9, 2021, was presented to recommend acceptance of the $50,000 increase to the Missouri Department of Transportation (MODOT) Highway Safety and Traffic Division DWI Saturation award. The increase will be used to fund additional overtime. The award period is from October 1, 2020, to September 30, 2021.
A motion was made by Commissioner Garrett, with a second by Mayor Lucas, to accept a $50,000 award increase from MODOT Highway Safety and Traffic Division, to be used for DWI Saturation overtime expenses. The vote was 3-0 in favor.
- Subaward from Rose Brooks Center. A memorandum dated March 10, 2021, was presented to recommend acceptance of a $213,816 award from the Rose Brooks Center. This is the 15th year of funding, and the award is 100 percent federally funded. The grant will fund detective overtime, supplies, and travel/training expenses.
A motion was made by Commissioner Garrett, with a second by Mayor Lucas, to accept the Rose Brooks Center award in the amount of $213,816. The vote was 3-0 in favor.
- Jackson County Drug Tax Unit – COMBAT Funds. A memorandum dated March 11, 2021, was presented to recommend acceptance from Jackson County, Missouri, in the amount of $2,621,107, for the Jackson County Drug Tax Unit. The funding is for the period of January 1, 2021, through December 31, 2021. The funding provides for additional undercover and civilian support personnel in the Narcotics & Vice Division and the Kansas City Police Crime Lab.
A motion was made by Commissioner Garrett, with a second by Mayor Lucas, to accept the $2,621,107 award from Jackson County, Missouri, to be used for the Jackson County Drug Tax Unit. The vote was 3-0 in favor.
- Donation from the Police Foundation of Kansas City. A memorandum dated March 15, 2021, was presented to recommend acceptance of a $152,898 donation from the Police Foundation of Kansas City, for the Body-Worn Camera Project. These funds will allow for spare cameras on-hand at division stations and to provide cameras at the Regional Training Academy for training purposes.
A motion was made by Commissioner Garrett, with a second by Mayor Lucas, to approve a donation in the amount of $152,898 from the Police Foundation of Kansas City for the Body-Worn Camera Project. The vote was 3-0 in favor.
- Body-Worn Camera Systems. A memorandum dated March 15, 2021, was presented to recommend approval to purchase additional body-worn cameras from Turn-Key Mobile, for patrol divisions and the Regional Police Academy, at a total expenditure of $152,898.
A motion was made by Commissioner Garrett, with a second by Mayor Lucas, to approve the purchase of additional body-worn cameras from Turn-Key Mobile, at a total expenditure of $152,898. The vote was 3-0 in favor.
- Body-Worn Cameras, Operation LeGend 2020-DJ-BX-0002. A memorandum dated March 11, 2021, was presented to recommend approval to purchase 400 body-worn cameras from Turn-Key Mobile, at an anticipated cost of $642,305. This expenditure is funded through Operation LeGend award 2020-DJ-BX-0002.
A motion was made by Mayor Lucas, with a second by Commissioner Garrett, to approve the purchase 400 body-worn cameras from Turn-Key Mobile, at an anticipated cost of $642,305, utilizing funds from Operation LeGend award 2020-DJ-BX-0002. The vote was 3-0 in favor.
- Police Foundation Funding and Approval to Procure. A memorandum dated March 12, 2021, was presented to recommend approval to purchase items for technology projects for a total expenditure of $747,752, and $249,782 of that amount will be funded through the Police Foundation of Kansas City.
Commissioner Tolbert inquired if locations for the license plate readers and cameras are pre-determined. Chief Smith advised that the technology is utilized in a 13 mile radius in the City. The locations are statistically provided by the Law Enforcement Resource Center (LERC).
A motion was made by Commissioner Garrett, with a second by Mayor Lucas, to approve the approval to purchase items technology projects for a total expenditure of $747,752, and $249,782 of that amount will be funded through the Police Foundation of Kansas City. The vote was 3-0 in favor.
- Operation Relentless Pursuit Purchase. A memorandum dated March 8, 2021, was presented to recommend approval to purchase automated license plate readers (ALPR’s), along with software and storage, at an anticipated expenditure of $609,340. The funding is provided through an Operation Relentless Pursuit award in the amount of $1,428,571.
A motion was made by Mayor Lucas, with a second by Commissioner Garrett, to approve the purchase of ALPR’s, software, and storage, at an anticipated expenditure of $609,340, utilizing Operation Relentless Pursuit award funds. The vote was 3-0 in favor.
Deputy Chief True provided an update on the Communications Unit. She advised that current staffing of the Unit is 102, leaving four vacant positions. There are two applicants that are ready to hire, and one additional applicant in the background process. There are currently three dispatcher trainees and ten call takers completing on-the-job training.
- Professional Development and Research Bureau. Acting Deputy Chief Gregory Dull presented the Academy Class Summary for March 2021. He advised that the 170th Entrant Officer Class (EOC) graduated on February 18, 2021. The 171st EOC, consisting of only outside agency recruits, will graduate on July 8, 2021.
Acting Deputy Chief Dull spoke about in-service training for sworn law enforcement members. He advised that Missouri Peace Officer Standards and Training Program (POST) requires 24 hours of continuing education each year from law enforcement. He advised that law enforcement receive training on crisis intervention, de-escalation, bias, firearms, defensive tactics, etc. He invited the Board to participate in the VirTra firearms simulation training.
Acting Deputy Chief Dull provided an update on the Youth Services Unit and the Police Athletic League (PAL). In February 2021, 751 youth attended activities at the PAL Center. He advised that ten PAL members received computers donated by community partners. The members were selected based on good attitudes, behaviors, and participation.
Acting Deputy Chief Dull presented the following items for the consent agenda:
- Project #1322: Internally Recorded Digital Media Records
- Project #1323: First Amendment-Protected Activities
Mayor Lucas inquired about the debate as to when an officer should activate their
body-worn camera. General Counsel Jenny Atterbury explained that some people have concerns with what the Department does with the video after it’s recorded. The Board agreed that officers will activate their cameras during any contact.
A motion was made by Mayor Lucas, with the second by Commissioner Garrett, to approve Project 1322 as presented. The vote was 3-0 in favor.
Acting Deputy Chief Dull advised there was one minor change to Project 1323, removing the word “political” from page 5, 3.A.2.
A motion was made by Mayor Lucas, with a second by Commissioner Garrett, to approve Project 1323 as proposed. The vote was 3-0 in favor.
- Investigations Bureau. Acting Deputy Chief Joseph Mabin presented the Investigations Bureau report for February 2021. He advised that to-date in 2021, there have been 39 homicides, compared to 35 at this time last year. There were 32 non-fatal shootings in February 2021, compared to 32 in February 2020. There have been 27 non-fatal shootings in March 2021. Acting Deputy Chief Mabin advised there were 32 drive by shootings in February 2021, compared to 26 in February 2020. Of the 32 drive by shootings in February 2021, 77 victims were identified; ten of the victims sustained injuries. There were 147 firearms recovered Department-wide in February 2021, compared to 193 in February 2020.
Commissioner Garrett noted that the Narcotics & Vice Division statistics are down. Chief Smith explained that due to COVID-19 and a shortage of manpower because of retirements and the hiring freeze, the statistics will likely keep declining.
Acting Deputy Chief Mabin presented a PowerPoint on cases submitted for prosecution. Commissioner Garrett and Mayor Lucas requested more information and details regarding yellow sheets. Acting Deputy Chief Mabin will provide those details in next month’s report.
- Administration Bureau. Acting Deputy Chief Mike Hicks presented the March 2021 Crime Lab Report. He advised that Crime Lab backlog is trending favorably. The Lab is currently down 10 members; there is one candidate in the hiring process.
Acting Deputy Chief Hicks presented the Human Resources Personnel Summary dated March 5, 2021. For this time period, Department strength is 1,273 sworn law enforcement personnel. Budgeted strength for law enforcement personnel is 1,369, leaving 96 vacant positions. For this time period, Department strength for career civilians is 544; budgeted strength for career civilians is 608, leaving 65 vacancies. The Department currently does not have any police officer candidates in the Academy due to the hiring freeze. The Department has a total of 205 career vacancies. The Department continues to hire for critical positions such as detention officers, dispatchers, and parking control.
Acting Deputy Chief Hicks noted that it has been a full year since a new class,
containing KCPD recruits, has begun. He advised that the Department continues to test for police officer candidates. There are currently 56 candidates in the hiring process that are ready to go once the hiring freeze is lifted. An additional 15 candidates are in the background phase. Of the 56 candidates that are ready to go, there are 31 white males, 11 white females, six black males, two black females, one Asian male, and one that identifies as other. There are six lateral officers that are currently in the hiring process.
Acting Deputy Chief Hicks advised that in January 2021, 16 members left the Department. Ten additional members left in February 2021. So far in March 2021, 19 members have resigned or retired. To-date, there have been 45 retirements or resignations since January 1, 2021, compared to 33 for this same time last year.
- Patrol Bureau. Deputy Chief Karl Oakman spoke about recent community events throughout the patrol divisions. Deputy Chief Oakman presented the Monthly Crime Summary for January 2021. He noted that crime for this time period is down 31 percent, but February and March will show increases. Deputy Chief Oakman advised that response times are increasing due personnel shortages, and they will likely continue increasing as the Department loses additional staff.
Deputy Chief Oakman presented the Traffic Summary for the month of February 2021. He noted that traffic citations are down 60 percent due to the loss of parking control staff. Total citations in February 2021 totaled 6,588 compared to 14,615 in February 2020. The average number of citations per stop in the month of February by Traffic Enforcement Officers was 1.54. He noted that there were 122 driving-while-intoxicated citations issued in February 2021.
Deputy Chief Oakman advised that there have been nine fatality vehicular accidents to-date in 2021, compared to 13 at this same time last year. Of the five fatalities, 56 percent were males and 57 percent were not wearing a seatbelt.
- Office of the General Counsel. . General Counsel Jenny Atterbury presented the Private Officer Licensing Unit Monthly Report for February 2021. In the month of February, there were 38 private officer license suspensions, six license denials, and one license revocation.
Ms. Atterbury presented the following Private Officer License appeal:
- Private Officer License Appeal, Christian G. Glover. A memorandum dated February 22, 2021, was presented to recommend the denial of the unarmed private security license of Christian G. Glover. The basis of the denial is outlined in Title 17 of the Code of State Regulations, Section 10-2.050(3)(G), which stipulates in part, that an applicant applying for a license under these provisions must meet these standards and an applicant may be denied if the applicant has, “been convicted of a felony or misdemeanor in federal or state court.” Mr. Glover has a misdemeanor conviction for dangerous drugs on June 20, 2017, out of Lakewood, Colorado.
A motion was made by Commissioner Garrett, with a second by Mayor Lucas, deny the appeal and uphold the denial of the unarmed private security license of Christian G. Glover. The vote was 3-0 in favor.
- Mr. David Kenner. Mr. Kenner echoed previous comments about retired Deputy Chief Mark Francisco, and wished him well in his new career as Chief of Police in Cheyenne, Wyoming.
- Mayor Quinton Lucas. Mayor Lucas offered condolences to the victims and their families of the mass shooting at King Soopers Supermarket in Boulder, Colorado, on March 22, 2021.
Mayor Lucas advised that the racial slurs and verbal attacks spoken during public comments were uncalled for. He explained that there has to be mutual respect for one another. Mayor Lucas defended Commissioners Wagner and Garrett.
- Commissioner Nathan Garrett. Commissioner Garrett explained that officer support and accountability can co-exist. In reference to a public comment, he advised that he does not have a Twitter, or any other social media account. He thanked the men and women of the Department for their hard work day-in and day-out.
- Commissioner Mark Tolbert. Commissioner Tolbert thanked Chief Smith for his leadership. He referenced a public comment where he was called a “token,” and spoke about the hits the men and women of the Department take when they are called various names by community members.
Commissioner Tolbert explained the need for the ethnicity of future recruits to matchup with the community they serve.
- Scheduled meetings. The Board of Police Commissioners of Kansas City, Missouri has scheduled the following meetings:
Special Meeting:
April 20, 2021, 1:00 p.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City. This is an open meeting being held to discuss budgetary items via telephone conference.
Audit Committee Meeting:
June 25, 2021, 10:00 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
Regular Meetings:
April 27, 2021, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
May 11, 2021, 2020, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
June 15, 2021, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
July 27, 2021, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
August 31, 2021, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
September 28, 2021, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
October 26, 2021, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
November 16, 2021, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
December 14, 2021, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
A motion was made by Commissioner Garrett, with a second by Mayor Lucas, and by vote indicated below, to adjourn its open meeting at 11:40 a.m. and reconvene in closed session 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 October 16, 2020, 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, March 23 2021, at KCPD Headquarters, 1125 Locust Street, Kansas City, for the purpose of discussing personnel matters, labor negotiations, and litigation matters.
The following Commissioners were present and voted to go into closed session as follows:
Commissioner Mark Tolbert - Aye
Commissioner Nathan Garrett - Aye
Mayor Quinton Lucas - Aye
There being a quorum present and the question of holding a closed session having received an affirmative public vote of at least three (3) members, a closed meeting was held as set forth above.
Below are the votes from the closed session of the Board of Police Commissioners meeting on March 23, 2021:
The Board went into closed session at 11: 52 a.m. Commissioners Wagner and Dean had excused absences.
1) Following a motion by Commissioner Garrett and a second by Mayor Lucas, the Board voted to approve the application for continued employment of Reserve Police Officer Josephine Woods. The vote was 3-0 in favor. Following polling, Mayor Lucas voted Aye, Commissioner Tolbert voted Aye, and Commissioner Garrett voted Aye.
2) Following a motion by Commissioner Garrett and a second by Mayor Lucas, the Board voted to approve the duty-related disability retirement of xxxx [Name redacted for privacy and confidentiality reasons]. The vote was 3-0 in favor. Following polling, Mayor Lucas voted Aye, Commissioner Tolbert voted Aye, and Commissioner Garrett voted Aye.
3) Following a motion by Commissioner Garrett and a second by Mayor Lucas, the Board voted to approve the duty-related disability retirement of xxxx [Name redacted for privacy and confidentiality reasons]. The vote was 3-0 in favor. Following polling, Mayor Lucas voted Aye, Commissioner Tolbert voted Aye, and Commissioner Garrett voted Aye.
4) Following a motion by Mayor Lucas and a second by Commissioner Garrett, the Board voted to approve the minutes of the closed session of the Board of Police Commissioners on February 16, 2021. The vote was 3-0 in favor. Following polling, Mayor Lucas voted Aye, Commissioner Tolbert voted Aye, and Commissioner Garrett voted Aye.
5) Following a motion by Commissioner Garrett and a second by Mayor Lucas, the Board voted to come out of closed session and adjourn. The vote was 3-0 in favor. Following polling, Mayor Lucas voted Aye, Commissioner Tolbert voted Aye, and Commissioner Garrett voted Aye.
The Board adjourned at 1:07 p.m.