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May 28, 2024 Meeting

Publish Date 05/28/2024

MINUTES OF THE

BOARD OF POLICE COMMISSIONERS

TUESDAY, MAY 28, 2024

 

A meeting of the Board of Police Commissioners of Kansas City, Missouri was held on Tuesday, May 28, 2024, in the Community Room at Police Headquarters, 1125 Locust Street, Kansas City.

PRESENT:

Commissioner Dawn Cramer, President

Commissioner Tom Whittaker, Vice President

Commissioner Madeline Romious, Treasurer

Mayor Quinton Lucas, Member

Mr. David Kenner, Secretary/Attorney

Stacey Graves, Chief of Police

 

This meeting was called to order at 9:29 a.m. by Commissioner Cramer.  Police Officer David Osbahr led the Pledge of Allegiance.  Chaplain John “Modest” Miles provided the invocation. 

  1. Board Resolution 24-05. Board Resolution 24-05 was presented to Cathy Dean, to express the Board’s sincere gratitude and genuine appreciation for her leadership, counsel and tireless service to KCPD and the City of Kansas City, Missouri, and the Board’s sorrow at her retirement from the Board on April 23, 2024. 
  2. Guest Presentation. Councilman Crispin Rea, 4th District-at-Large, presented on behalf of the City Council.  Councilman Rea spoke about the City’s enhanced efforts to curb illegal dumping.  The City identified locations that experience a lot of illegal dumping.  Through a new ordinance, the City has increased penalties for illegal dumping, purchased cameras and clean-up equipment, and funding to hire additional investigators.  Councilman Rea also noted that Municipal Court is creating a separate docket for illegal dumping cases.

            In response to a question from Commissioner Whittaker, Councilman Rea advised that the Detention and Rehabilitation Committee continues to discuss the ideal number of beds for the new facility.  He advised that the study has shown that 11.3 percent of the beds should be dedicated to those in a mental health crisis.  Councilman Rea advised that the jail issue will not be on the August 2024 ballot, but could be placed on the November 2024 or April 2025 ballot.  Mayor Lucas added that a major challenge has been locating a space to build the new detention and rehabilitation center.  He believes that refurbishing the 8th Floor of Police Headquarters into a detention facility could provide for a faster solution. 

  1. General Discussion from the Chief of Police. Chief Stacey Graves advised that she traveled to Washington D.C. for National Police Week.  Fallen Officer James Muhlbauer’s and K-9 Champ’s names were engraved onto several fallen officer memorials in Washington D.C. 

Chief Graves advised that it was a violent weekend in Kansas City, including a mass shooting in the Westport Entertainment District.  She advised that a Westport Security Officer stopped the threat.  The investigation is ongoing.

Chief Graves spoke about the number of juveniles in the City that are involved in violent crime.  She expressed deep concern with this issue and the culture of violence that plagues the City.  Chief Graves advised that the Department remains committed to reducing and solving violent crime, noting that the Department currently has an 80 percent clearance rate for homicides.

Mayor Lucas commended the Department’s actions this past weekend.  He noted that while violent incidents like this occur in the City, there are still several events that are very secure due to the Department’s efforts and planning.  He advised that the Celebration at the Station and the Memorial Service at the World War I Museum were very successful. 

  1. Investigations Bureau. Deputy Chief Doug Niemeier provided an update on the Department’s Property Crimes Unit.  He explained that property crimes affect more residents than any other crime.  Property Crimes detectives investigate crimes such as burglaries, stolen autos, shoplifting, and property damage.  He advised that over the past month, Property Crimes detectives arrested a prolific burglar in Central Patrol Division.  Additionally, Metro Property Crimes filed 34 cases, East Property Crimes arrested a known violent felon for stolen autos, North Property Crimes arrested a prolific shoplifter that had 22 City warrants, as well as warrants in Platte County, North Kansas City, and Gladstone.  Deputy Chief Niemeier noted that a shoplifter within the Shoal Creek Division has had 71 reports, with 54 of the incidents occurring in 2024.  In South Patrol, Property Crimes detectives arrested a suspect, and during the arrest, an illegal firearm with an illegal switch was found and recovered.  Deputy Chief Niemeier noted that property crimes detectives are often able to secure charges on suspects and get them in custody while violent crimes detectives work to secure additional charges. 

Deputy Chief Niemeier provided an update on crime statistics.  He advised that to-date 2024, there have been a total of 56 homicides, compared to 70 homicides during the same time period in 2023.  The Department has cleared 32 homicides this year, plus an additional 13 homicides from previous years, totaling 45 solved homicides. 

Deputy Chief Niemeier advised that there were 14 homicides that occurred in April 2024.  Seven of those 14 homicides occurred within the East Patrol Division, three within the North Patrol Division, two within the Metro Patrol Division, and two in the Central Patrol Division.   

Deputy Chief Niemeier advised that as of May 23, 2024, there have been 238 non-fatal shootings this year, compared to 186 at this same time period in 2023.  The numbers from the mass shooting in Westport over the weekend are not reflected in this report.  In April 2024, there were 48 non-fatal shootings, compared to 40 non-fatal shootings in April 2023. 

Deputy Chief Niemeier provided a brief update on the homicide case involving 11-year-old Kourtney Freeman.  Freeman was killed on Wednesday, April 10, 2024, when someone fired shots into her home near E. 33rd Street and Flora Avenue.  Deputy Chief Niemeier advised that a 16-year-old juvenile suspect is in custody for Freeman’s death.  Due to the juvenile protections, the Department is very limited on the information that can be released regarding this case. 

            Deputy Chief Niemeier spoke about cases submitted for prosecution.  In April 2024, there were 346 cases submitted for prosecution; there were 283 cases submitted to Jackson County, 37 to Clay County, and 26 to Platte County.  

            Deputy Chief Niemeier advised that National Drug Take-Back Day was held on April 27, 2024.  During the event, the Department recovered 59 boxes of prescription drugs, totaling 1,335 pounds.  Deputy Chief Niemeier advised that the Special Investigations Division (SID) and Drug Enforcement Unit (DEU) continue to investigate overdoses.  Year-to-date 2024, the SID has investigated 107 overdoses, with 57 of them being fatal.   Additionally, SID has recovered the following drugs year-to-date 2024: 14 pounds of cocaine, compared to 3.5 pounds at this same time in 2023; 292 pounds of methamphetamine, compared to 112 pounds at this same time in 2023; 42 pounds of fentanyl, compared to 24 pounds at this same time in 2023; 56 grams of phencyclidine (PCP), compared to 44 grams at this same time in 2023; and nine grams of heroin, compared to 40 grams at this same time in 2023. 

            Deputy Chief Niemeier advised that after finishing her Bachelor’s Degree and graduating from college earlier this month, Sergeant Bobbie King traveled to Lincoln, Nebraska, for the Cowboy Mounted Shooters Association’s National Championship competition this past weekend. With over 270 shooters at the event, Sergeant King won first place and is a National Champion in the Ladies 2 Division along with her horse, Tux. Sergeant King is qualified for the World Championship competition in Texas later this year.  Sergeant King and her husband, Retired Police Officer Rob King, are proud of their daughter, Kritlie, who took first place in the Wrangler division with her horse, O.D., at the same competition.

            Mayor Lucas left the meeting at 10:18 a.m.

  1. Patrol Bureau. Deputy Chief Joseph Mabin spoke of the notable events within the Patrol Bureau in April 2024.  Deputy Chief Mabin noted that the Police Athletic League (PAL) had 1,495 visits in April 2024.  The PAL Center averaged 88 visits per day, and had 37 new enrollments over the past month.  Deputy Chief Mabin advised that community interaction officers (CIOs) attended the 40-hour Crime Prevention Through Environmental Design (CPTED) training course. 

The CPTED training offers a multi-disciplinary approach for deterring criminal behavior by changing the physical appearance of spaces.  The Department’s CIOs can now conduct assessments and make recommendations to community members, local businesses, and housing complexes on how to make their properties less hospitable to criminal activity.  This strategy goes hand-in-hand with Risk Terrain Modeling (RTM), which is a major component of Chief Graves’ crime plan.

            Deputy Chief Mabin advised that D.A.R.E. officers taught in 22 different schools, 65 classrooms, and reached 1,499 students this past month.  The Westside Community Action Network (CAN) Officers worked with volunteers at the Tony Aguirre Community Center, picking up trash for Earth Day. 

               Deputy Chief Mabin noted that that tactical teams were involved in six Operation 100s and executed 17 search warrants in April 2024.  They made three federal and nine state warrant arrests.  Deputy Chief Mabin advised that over the last month, the Canine Unit responded to 89 calls for service.   He advised that the Bomb & Arson Unit responded to multiple fire-related events over the last month; six were determined as arson and two remain undetermined.  They also responded to a bomb call involving suspicious packages, and recovered five explosive devices.  The Helicopter Unit flew 95 hours over the last month and responded to 160 calls for service, of which they were first on scene to 60 times.  They also assisted the Traffic Division in street-racing enforcement activities.

Deputy Chief Mabin presented monthly statistics for the Patrol Bureau.  He advised that the median response time for Priority 10 calls (also known as Priority 1) for the month of April was 8 minutes and 47 seconds; the Department’s Priority 10 response time goal is 7.50 minutes.  The Priority 20 (also known as Priority 2) response time for the month of April was 11 minutes and 10 seconds; the Department’s Priority 20 response time goal is 9.00 minutes.  The response time is the amount of time from when the call is created until an officer arrives on scene.  Deputy Chief Mabin advised that the 911 hold time for the month of April was 44 seconds.  He attributes the increased response and hold times to the increased call volume in warmer months. 

Deputy Chief Mabin advised that the Traffic Division, along with the Kansas City, Kansas Police Department (KCKPD), held a joint street-racing (“sideshow”) enforcement activity on April 7, 2024.  They successfully deployed 39 stop-sticks, towed three vehicles, issued 27 traffic citations, one summons for child endangerment, four City arrest warrants, one felony arrest warrant, and recovered one firearm.  The Department held another sideshow enforcement operation this past Friday; those results will be presented at the June Board meeting. 

Deputy Chief Mabin advised that on May 15, 2024, the Traffic Division held an extensive seatbelt enforcement operation.  During that operation, officers conducted 2015 traffic stops and issued 194 seatbelt citations. 

Deputy Chief Mabin advised that members of the Traffic Division held seven DUI wolfpack enforcement activities in April, which resulted in 105 stops, 31 DUI arrests, and 123 total citations issued.  In total, there were 87 DUI arrests Department-wide, during the month of April. 

Deputy Chief Mabin advised that to-date 2024, there have been 33 fatality crashes with 38 victims.  During the same time period in 2023, there were 22 fatality crashes with 26 victims.  There were nine fatalities in the month of April 2024. 

Deputy Chief Mabin advised that the Parking Control Unit tagged 31 abandoned vehicles, issued six citations for parking on sidewalks, and towed four vehicles during a recent enforcement activity. 

In response to a question from Commissioner Whittaker, Deputy Chief Niemeier explained that the canines in the Patrol Bureau are separate from those in the Investigations Bureau, but canines in both bureaus assist with drug recovery and apprehensions. 

  1. Administration Bureau. Deputy Chief Luis Ortiz provided an update on Department staffing.  He advised that as of April 30, 2024, Department strength was 1,633.  For this time period, there were 1,081 sworn law enforcement personnel, 35 recruits, 513 professional staff, and four Board members; there were 238 total vacancies.

Deputy Chief Ortiz advised there are 40 in the process for the 182nd Entrant Officer Class (EOC) that is scheduled to begin training on June 17, 2024.  Additionally, six people have already been confirmed and there are nine other pending offers for spots in that class.  The Department hired three lateral officers and two re-hires in the last month.    

Deputy Chief Ortiz advised that the Department hired one new member in the Communications Unit this month. He noted that there are three pending job offers for the Communications Unit and four people in the process for possible eligibility.

The Department held law enforcement testing last week.  There were 31 applicants that tested; 28 of them passed testing and will continue on in the job hiring process.  The Department will hold additional law enforcement testing on June 27, 2024, July 27, 2024, August 28, 2024, and September 26, 2024, at the Regional Police Academy.  The Department continues to hire for all positions.  More information can be found at https://www.kcpd.org/careers/. 

Deputy Chief Ortiz advised that the Wellness Unit had 134 contacts with Department members this last month.  He commended the work they do to assist Department members.

Mr. Kenner noted that seven people from the 180th EOC are no longer in training.  Deputy Chief Ortiz said that a large number of those people resigned for personal reasons.  Chief Graves noted that there was one injury, and that person will be recycled into a new Academy class.  In response to a question, Deputy Chief Ortiz advised that members withdrawing from the Academy are provided an opportunity to fill vacancies in other units on the Department, such as in the Communications Unit or Detention Unit. 

  1. Executive Services Bureau.   Deputy Chief Derek McCollum presented the following items for Board approval:
  2. Budget Transfers for Fiscal Year 2024-25.  A memorandum dated May 14, 2024, was presented recommending approval of budget transfers.  This transfer will affect the Police Grants Fund and the Grants Special Revenue Fund. 

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

  1. Adjustments to Special Revenue Accounts for Fiscal Year 2024-25.  A memorandum dated May 15, 2024, was presented to recommend approval of adjustments to special revenue accounts to facilitate various donations. 

            A motion was made by Commissioner Romious, with a second by Commissioner Whittaker, to approve the adjustments to special revenue accounts as presented.  The vote was 3-0 in favor.   

  1. Adjustments to Special Revenue Accounts for Fiscal Year 2024-25. A memorandum dated May 15, 2024, was presented to recommend approval of adjustments to special revenue accounts to facilitate a donation from Walmart and the JACO 911 Tax Revenue. 

            A motion was made by Commissioner Whittaker, with a second by Commissioner Romious, to approve the adjustments to special revenue accounts as presented.  The vote was 3-0 in favor. 

  1. Thomson Reuters Clear Proflex Subscription. A memorandum dated May 17, 2024, was presented to recommend approval to purchase the Thomson Reuters Clear Proflex annual subscription, for the Kansas City Emerging Threats Analysis Capability (KC-ETAC) System, at a cost of $175,295.15.  The Department has already paid $73,429.55 of that amount as fiduciary of KC-ETAC.

            A motion was made by Commissioner Romious, with a second by Commissioner Whittaker, to approve the purchase of the Thomson Reuters Clear Proflex annual subscription, at a total cost of $175,295.15.  The vote was 3-0 in favor.

  1. Midwest HIDTA – Metro Task Force Grant Agreement #G24MW0005A.  A memorandum dated May 13, 2024, was presented to recommend acceptance of the Midwest HIDTA – Metro Task Force Grant Agreement #G24MW0005A award in the amount of $1,105,945.  This is the 27th year of funding, and this award is 100 percent federally funded.  The award will provide funding to improve the effectiveness and efficiency of collecting evidence for drug and gang investigations.

            A motion was made by Commissioner Romious, with a second by Commissioner Whittaker, to accept the Midwest HIDTA – Metro Task Force Grant Agreement #G24MW0005A award in the amount of $1,105,945.  The vote was 3-0 in favor. 

  1. Chief’s Executive Officer. Deputy Chief Steve Young presented the following consent agenda items for Board consideration:
  2. Project #1414: Unauthorized Leave of Absence
  3. Project #1453: Stop Report Data Collection
  4. Project #1469: Timekeeping Procedures
  5. Project #1478: Employee Support & Wellness Resources
  6. Project: Employee Guidelines – Personal Appearance Standards

            A motion was made by Commissioner Romious, with a second by Commissioner Whittaker, to approve the consent agenda items, as presented.  The vote was 3-0 in favor.

  1. Office of the General Counsel. General Counsel Nathan Weinert presented the following items for Board consideration:
  2. Private Officer License Appeal of Eric C. Rosenberger. A memorandum dated April 30, 2024, was presented to recommend the revocation of the unarmed private security license of Eric C. Rosenberger.  The basis for the revocation is outlined in Title 17 of the Code of State Regulations Section 10-2.060 (8)(I), which stipulates in part, that the chief of police, or his/her designee may impose a fine, order probation, order a suspension, or revoke a license granted under Section 84.720 of the Revised Statutes of Missouri if the licensee has “provided other facts or actions which demonstrate that the applicant is unsuitable or ineligible for license.” On April 3, 2024, KCPD officers were dispatched to the Shell Gas Station at 900 E. 63rd Street in regard to an armed robbery.  The clerk working the counter advised that an ex-employee, later identified as Mr. Rosenberger, entered the store wearing a black security jacket and asked if he could have a beer, but didn’t have enough money to pay for the item.  When the clerk advised he could not, he exited the store.  Returning approximately five minutes later, Mr. Rosenberger placed the beer on the counter and pulled out a handgun while stating “I need this beer”.  The clerk declined again, and Mr. Rosenberger left the store.  The clerk advised that it appeared Mr. Rosenberger was intoxicated. 

            A motion was made by Commissioner Whittaker, with a second by Commissioner Romious, to uphold the Private Officer Licensing Unit’s revocation of Eric C. Rosenberger’s unarmed private security license.  The vote was 3-0 in favor.   

  1. Private Officer License Appeal of Hans C. Brosam.  A memorandum dated May 7, 2024, was presented to recommend the denial of the unarmed private security license of Hans C. Brosam.  The basis for the denial is outlined in Title 17 of the Code of State Regulations Section 10-2.050(3)(O), which stipulates “each applicant applying for a license under these provisions must meet these standards and may be denied if the applicant provides other acts or actions which demonstrate that the applicant is unsuitable or ineligible for a license.”  On April 4, 2024, Mr. Brosam was terminated from the Missouri Department of Corrections for violating policies and employee standards.   

            A motion was made by Commissioner Romious, with a second by Commissioner Whittaker, to uphold the Private Officer Licensing Unit’s denial of Hans C. Brosam’s unarmed private security license.  The vote was 3-0 in favor.

  1. Public Comments. Ron Hunt congratulated Sergeant Bobbie King on earning her Bachelor’s Degree and winning the Cowboy Mounted Shooters Association National Championship this past weekend.  Mr. Hunt invited all to attend the Family Festival at Linwood & Prospect Avenue on June 8, 2024.  Mr. Hunt also stated that community partners have to put in the work after 5:00 p.m. when it comes to reducing violent crime.  He believes people are being paid to be present in the community, but are nowhere to be found when violent crime occurs. 
  2. Approval of Minutes. A motion was made by Commissioner Whittaker, with a second by Commissioner Romious, to approve the minutes of the open session Board meeting on April 23, 2024.  The vote was 3-0 in favor.
  3. Mr. David Kenner. Mr. Kenner presented Board Resolution 24-06, Private Officer Licensing Hearing Officer, and requested Board approval.  This resolution is necessary due to changes in Title 17 of the Code of State Regulations.

            A motion was made by Commissioner Romious, with a second by Commissioner Whittaker, to approve Board Resolution 24-06, Private Officer Licensing Hearing Officer, as presented.  The vote was 3-0 in favor. 

  1. Commissioner Madeline Romious. Commissioner Romious stated that it was a violent weekend in Kansas City, but commended the Department on their hard work.  She also thanked Chief Graves and Captain Jake Becchina, Media Unit, for their communication and updates as these incidents transpired. 
  2. Commissioner Tom Whittaker. Commissioner Whittaker stated that he traveled to five major cities this past week, and advised that those major cities are experiencing the same violent crime as Kansas City.  Those cities also need more law enforcement personnel to join their staff.  These challenges are not unique to Kansas City.  He encouraged the Department to continue working hard as they do every day.
  3. Commissioner Dawn Cramer. Commissioner Cramer thanked everyone for their participation in today’s meeting.  She stated that all members of the Department make a difference in this City, and she thanked all members for the work they do. 
  4. Scheduled meetings. The Board of Police Commissioners of Kansas City, Missouri has scheduled the following meetings:

 

Audit Committee Meeting:

 

June 24, 2024, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

Regular Meetings:

 

June 25, 2024, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

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

 

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

 

September 10, 2024, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

October 29, 2024, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

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

 

December 17, 2024, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

A motion was made by Commissioner Whittaker, with a second by Commissioner Romious, and by vote indicated below, to go into closed session at 10:56 a.m., as provided in the following resolution.  Following a roll call, the vote was 3-0 in favor. 

 

RESOLUTION

 

WHEREAS, notice of the board meeting of the Board of Police Commissioners was given on July 10, 2023, and

WHEREAS, said notice indicated that the Board of Police Commissioners might go into closed session during said meeting, and

WHEREAS, notice of the closed meeting follows the guidelines of Section 610.020 of the Revised Statutes of Missouri.

NOW, THEREFORE, BE IT RESOLVED, that the Board of Police Commissioners go into closed session during the meeting being held on Tuesday, May 28, 2024, 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 Madeline Romious                              -           Aye

Commissioner Tom Whittaker                                    -           Aye

Commissioner Dawn Cramer                                     -           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, May 28, 2024:

The Board went into closed session at 11:06 a.m.  Mayor Lucas was absent.

1)         Following a motion by Commissioner Whittaker and a second by Commissioner Romious, the Board voted to authorize the expenditure of an additional $150,000 for legal fees in connection with the case styled Keith Carnes v. BOPC, et al.  The vote was 3-0 in favor.  Following polling, Commissioner Cramer voted Aye, Commissioner Whittaker voted Aye, and Commissioner Romious voted Aye.

2)         Following a motion by Commissioner Whittaker and a second by Commissioner Romious, the Board voted to authorize the expenditure of an additional $75,000 for legal fees in connection with the case styled Damion Ragsdale v. BOPC.  The vote was 3-0 in favor.  Following polling, Commissioner Cramer voted Aye, Commissioner Whittaker voted Aye, and Commissioner Romious voted Aye.

3)          Following a motion by Commissioner Whittaker and a second by Commissioner Romious, the Board voted to approve the applications for continued employment of Reserve Police Officer Arthur Wallace, Sergeant Herbert Robinson, Reserve Sergeant Rufus Evans, and Reserve Police Officer Don Smarker.  The vote was 3-0 in favor.  Following polling, Commissioner Cramer voted Aye, Commissioner Whittaker voted Aye, and Commissioner Romious voted Aye.  

4)         Following a motion by Commissioner Whittaker and a second by Commissioner Romious, the Board voted to approve the duty-related disability retirement of ______. [1]  The vote was 3-0 in favor.  Following polling, Commissioner Cramer voted Aye, Commissioner Whittaker voted Aye, and Commissioner Romious voted Aye. 

5)         Following a motion by Commissioner Romious, and a second by Commissioner Whittaker, the Board voted to approve the minutes of the closed Board meeting on April 23, 2024.  The vote was 3-0 in favor.  Following polling, Commissioner Cramer voted Aye, Commissioner Whittaker voted Aye, and Commissioner Romious voted Aye.

6)         Following a motion by Commissioner Whittaker, and a second by Commissioner Romious, the Board voted to approve the minutes of the Litigation Committee meeting on April 26, 2024.  The vote was 3-0 in favor.  Following polling, Commissioner Cramer voted Aye, Commissioner Whittaker voted Aye, and Commissioner Romious voted Aye.

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

            The Board adjourned at 11:51 a.m.

 

[1] The name is redacted under §§ 610.021(13) & (14), R.S.Mo., due to confidentiality in that it involves protected personnel matters and health information.