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May 8, 2018, Meeting

Publish Date 05/08/2018

MINUTES OF THE
BOARD OF POLICE COMMISSIONERS MEETING
TUESDAY, MAY 8, 2018 

A meeting of the Board of Police Commissioners of Kansas City, Missouri was held on Tuesday, May 8, 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 9:29 a.m. by Commissioner Garrett. Sergeant Joseph Bediako and Officer Damon Harrell led the Pledge of Allegiance. Pastor John Miles provided the invocation. Commissioner Shurin had an excused absence. Mayor James joined the meeting at 9:41 a.m.

  1. Awards and Commendations. The Meritorious Service Award was presented to Sergeant Mark Mosbacher for his long-term professionalism and leadership as a supervisor of the Street Crimes Unit 1920 Tactical Enforcement Squad. The SCU 1920 Squad is tasked not only with serving high-risk search warrants, but also officer rescue operations, protecting under-cover detectives, and surveillance. Under Sergeant Mosbacher’s leadership for the last ten years, the squad has taken multiple serial killers and serial robbers into custody. Sergeant Mosbacher has overseen the execution of 740 search warrants; not a single one of those resulted in a sustained citizen complaint or a winning lawsuit against the Department.

The Meritorious Service Award was presented to Sergeant Matt Neal for successfully completing a project that displayed exception initiative, tenacity and expertise. For two decades, the physical fitness portion of the selection process for the Street Crimes Unit Tactical Squads had been the same. That portion of the process had become stagnate and predictable, until Sergeant Neal was sought out to revamp it. Outside of the Department, Sergeant Neal owns Cross Fit 8.1.6. Gym, which has broadened his knowledge of current fitness trends, certification and his passion for health. Sergeant Neal developed a three-prong approach to test applicants’ physical ability as it would apply to their potential job duties. The phases tested endurance, work ability and strength. For each phase, Sergeant Neal completed a comprehensive assessment of the distance and amount of weight moved to reflect the weight of the current team members should they ever have to be extracted. While Sergeant Neal’s efforts greatly improved the physical fitness portion of the SCU Tac selection process and his six years of service in SCU Tac were marked by dedication and professionalism, Sergeant Mosbacher said what Sergeant Neal does off the clock is just as impressive. He has organized countless fundraisers to support those in need in the community and the Department as a product of his love for fitness, health and family.

The Certificate of Commendation was presented to Officers Jeremy Gragg and Brent Zimmerman for their exceptional police act on October 18, 2017. Officers Gragg and Zimmerman were patrolling when they noticed a man dressed in all-dark clothing sprinted across North Oak at 43rd Street, with no regards to the cars around him. The man ran in front of the officers’ vehicle, then tripped and fell when he reached the west side of the street. The man got back up and continued to run alongside several businesses before darting behind them. The officers turned their car around, but then they saw the man had run out of sight. Officers Gragg and Zimmerman got out on foot and started to run after him.

At that time, dispatchers notified officers of a robbery at the nearby Subway restaurant. The officers located the man hiding in some bushes, with a set of black gloves and other items of clothing that resembled those of the Subway robber. Officers also located a large amount of cash in his pocket when he was placed under arrest. The incident was captured on the restaurant’s surveillance video, and further investigation determined that the man and an accomplice robbed the store at gunpoint, and then took off. One suspect ran out the front door into a waiting vehicle, and the suspect that the officers encountered had ran out the back door. Within a day, the man was charged with first-degree robbery and armed criminal action in Clay County and is being held on a $75,000 cash-only bond.

The Certificate of Commendation was presented to Officer Hollie Brannen for her and her partner, Officer Week’s, exceptional police act on the night of November 24, 2017. Three different people were robbed in the West Plaza neighborhood within a few hours, and the description of the suspects and vehicles used in each robbery were all the same. Such robberies during the holiday season had become a problem in the Central Patrol Division, so the Division had instituted a robbery project to help combat and reduce them. Officers Brannen and Weeks were not assigned to the project that night and were thus only able to look out for the suspect vehicle between calls and not on a proactive basis. Officers Brannen and Weeks spotted the suspect vehicle – with its trunk lid strapped shut with bungee cords – at a gas station about two hours after the last robbery. They saw one man go in the store, while the other stayed inside the vehicle. The officers approached the vehicle and took both suspects into custody without any incident. When they did, they saw a loaded handgun on the car’s floorboards, and several stolen cell phones in the front seat. Further investigation linked the suspects to three more robberies from the previous week. After the arrest, the robbery pattern stopped. Both suspects were charged with multiple counts of robbery and armed criminal action. Officer Weeks is deployed with the United States military, and will receive his award upon his return next year.

The Certificate of Commendation was presented to Sergeant Barbara Eckert, and Detectives Alane Booth, Chason Crowell, Daniel Frazier and Hobart Price. As one middle-aged white male after another kept turning up slain on or near the Indian Creek Train in late 2016 and early 2017, panic in South Kansas City grew. The public turned to police to calm their fears. The Department tried to keep the community apprised of the investigations, and officers went to many community meetings to answer questions and gather information. More than 60 detectives from KCPD and the FBI canvassed 980 apartments at the Willow Creek Apartment Complex on June 1, 2017, where David Lennox was found dead on February 27 that same year.

In July 2017, the Investigations Bureau command staff decided the cases merited a dedicated work group to investigate them. Homicide Sergeant Eckert and Detectives Booth, Crowell, Frazier and Price were assigned to the group and sequestered to work on the cases. They reached out to FBI personnel who helped review all video surveillance footage that had been recovered in each of the murders, as well as thousands of pictures taken from trail cameras that were installed after the fourth murder, that of Mike Darby, on May 18, 2017. Crime Lab personnel also painstakingly analyzed every bit of evidence from the cases.

The work group members followed up on all the tips that had come in and reconnected with witnesses as well as the family and friends of victims. They got court orders documenting cell phone tower hits for each crime scene.

Then another middle-aged white male, Steven Gibbons, was murdered after he got off a bus at 67th and Troost on August 13, 2017. Video from the bus showed a suspect. Then unknown DNA recovered from the Gibbons murder scene matched unknown DNA recovered from the murder scene of John Palmer, the first man killed on the Indian Creek Trail on August 19, 2016. Detectives identified and tracked down the man shown on the bus suspected of murdering Steven Gibbons. They surveilled him and covertly recovered a DNA sample. It matched the DNA from the Gibbons and Palmer homicide scenes. The suspect, Frederick Scott, was arrested.

The group then worked together to interrogate Scott. During the lengthy interrogation, Scott implicated himself in some of the Indian Creek Trail murders. The group then used the information they gathered to get multiple search warrants. That led them to believe Scott was involved with at least four more murders in addition to Palmer’s and Gibbons’. After Scott was identified, the group interviewed many of Scott’s associates. When police announced his arrest, more tips came through, and the group followed up on all of them. They officially disbanded on September 19, 2017, but each member continued to work on the cases. Their work led to Scott initially being charged with the murder of Palmer and Gibbons. The slayings in South Kansas City stopped once he was arrested. In early October 2017, Scott was charged with the murder of Karen Harmeyer in Grandview. Then on March 2, he was charged with the remaining three Indian Creek Trail homicides of David Lennox, Timothy Rice and Mike Darby. He is charged with killing six people altogether.

The Board took a recess at 9:45 a.m. The meeting resumed at 9:53 a.m.

  1. City Architect’s Report. Mr. Eric Bosch and Councilwoman Heather Hall spoke about the Fallen Officers Memorial Garden project. A video was played, detailing the Memorial Garden project. The Memorial Garden will be constructed near the Trail of Heroes, located behind the Shoal Creek Division Station, to honor fallen police officers from the Metropolitan area. More information about the Memorial Garden can be found at www.kclemg.org.
  2. Chief Richard C. Smith. Chief Richard Smith and the Board discussed the participation of the Department in the KC Stat Program. The KC Stat Program began in 2011, and is a data-driven, public-facing initiative focused on improving the efficiency and effectiveness of city services. The KC Stat program is an opportunity for each service to share information and ideas, and learn from others, while working to best serve the citizens of Kansas City, Missouri. The Board agreed that input from the Department is necessary in these discussions, and supports its’ involvement in this program. Commissioner Garrett endorsed the Department’s participation in the KC Stat Program, and Mayor James explained the purpose and role of the KC Stat Program.

Chief Smith advised that the recently purchased ballistic helmets are now being issued to patrol officers. He has received a lot of positive feedback on the helmets. Chief Smith also advised that all six social workers have been hired. The social workers and coordinator, along with the Hall Family Foundation, will be introduced at the meeting on June 12, 2018.

  1. Public Comments. Mr. Tracy Barrow spoke about Governor Greitens’ appointments to the Board. Mr. Barrow stated he is thankful for the Governor’s appointments, as well as the Board’s selection for the positions of Chief and Office of Community Complaints Director. Mr. Barrow expressed his concerns with the Department and City, stating that they are corrupt.

Mr. John Sharp spoke about the increase of the TIPS Hotline reward to $10,000. Mr. Sharp believes the increase will result in more anonymous tips. Mr. Sharp also thanked Chief Smith for his hard work to increase the number of Community Interaction Officers, as well as the additional positions for call-takers included in the new budget.

  1. Approval of minutes. A motion was made by Commissioner Wagner, with a second by Mayor James, to approve the minutes of the open meeting on April 10, 2018, and the special meeting on April 24, 2018. The vote was 4-0 in favor.
  2. Fraternal Order of Police Lodge 99. Sergeant Brad Lemon spoke about the 2nd Annual FOP Bowling Bash. Approximately, $36,000 was raised at this year’s Bowling Bash, $6,000 of which was donated to the family of Fallen Officer Ryan Morton and $3,000 of which was donated to each of the two other Clinton, Missouri Officers that were injured on that call. The money raised last year was donated to Independence, Missouri Officer Tom Wagstaff. Officer Wagstaff was present and bowled at this year’s Bash.

Sergeant Lemon spoke about the Connecting KC program. Approximately 2,000 attendees participated in Connecting KC. The program assists families with food and utility costs. The program allowed 16 families to enroll in the Affordable Care Act, and provided the opportunity to enroll adults in college. The program plans to expand next school year.

Sergeant Lemon advised that on May 4, 2018, a candlelight vigil was held in Jefferson City for the State Memorial. The State Memorial Ceremony took place on May 5, 2018. Sergeant Lemon also advised that the peer support counseling bill is awaiting a final vote and, if approved, will be making its’ way to the Governor’s Office for signature.

  1. 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 1, 2018, was presented to recommend approval of budget transfers. This budget transfer will affect the General Fund.

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

b.  FY16 National Gun Crime Intelligence Center Initiative Sub-Recipient Agreement. A memorandum dated April 2, 2018, was presented to

recommend approval of the FY16 National Gun Crime Intelligence Center Initiative Award. The grant was awarded on October 1, 2017, in the amount of $1,000. In addition to covering personnel costs, the grant requires the Department to partner with an outside entity to conduct academic research and report to the department performance indicators. UMKC is the sub-recipient of the grant and will be paid $131,934 to perform these services. This is the first year for the grant award and the first sub-recipient agreement with UMKC for this award. Commissioner Tolbert requested additional information regarding destruction of weapons.

A motion was made by Commissioner Wagner, with a second by Commissioner Tolbert, to approve the FY16 National Gun Crime Intelligence Center Initiative Award, as presented. The vote was 4-0 in favor.

c.  Proposed Fee Schedule for Fiscal Year 2018-19. A memorandum dated April 26, 2018, was presented to recommend acceptance of the proposed fee schedule for Fiscal Year 2018-19.

A motion was made by Commissioner Tolbert, with a second by Mayor James, to adopt the proposed fee schedule for Fiscal Year 2018-19, as presented. The vote was 4-0 in favor.

d.  Communications Unit Update. Deputy Chief Lewis provided an update on

the Communications Unit. He advised that 15 new positions were added to the Communications Unit; there are currently 19 open positions. Four call-takers are training for dispatcher positions, and three newly hired members are in a call-taker class. The Human Resources Division is processing additional applicants to fill the open positions. The Communications Unit interviewed four applicants yesterday, and has five additional interviews scheduled for later in the week.

  1. Professional Development and Research Bureau. Deputy Chief Bob Kuehl presented the Academy Class Summary for May 2018. He advised that the 2nd Lateral Class and the 162nd Entrant Officer Class will graduate on May 17, 2018.

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

a.  Project #502, Internal Affairs Investigations
b.  Rescind PPBM 317-4, Annex A, “Suspension of Members”
c.  Rescind PPBM 625-9, “Educational Assistance”

In response to a question from Commissioner Tolbert regarding the recommendation to rescind PPBM 625-9, “Educational Assistance,” Deputy Chief Kuehl explained that funding for educational assistance hasn’t been available for the last four years, and future funding is unlikely. He also explained that the FOP provides financial assistance to members and their immediate family. Sergeant Lemon explained that the FOP pays for 100% of tuition through 60 hours and additional assistance beyond 60 hours.

A motion was made by Mayor James, with a second by Commissioner Wagner, to approve Project #502, Internal Affairs Investigations, as presented. The vote was 4-0 in favor.

A motion was made by Mayor James, with a second by Commissioner Wagner, to rescind PPBM 317-4, Annex A, “Suspension of Members.”. The vote was 4-0 in favor.

A motion was made by Mayor James, with a second by Commissioner Wagner, to rescind PPBM 625-9, “Educational Assistance.” The vote was 4-0 in favor.

  1. Investigations Bureau. Major Mike Wood spoke for Deputy Chief David Bosworth in his absence. Major Wood presented the Investigations Bureau report for April 2018. Major Wood advised that to-date in 2018, there have been 41 homicides, compared to 38 at this time last year. To-date in 2018, there have been 143 drive-by shootings, compared to 145 at this time last year. There were 45 drive-by shootings in April 2018, compared to 42 drive-by shootings in April 2017. The Department has recovered 1,076 firearms in to-date in 2018, along with 120 felon in-possession cases.
  2. Administration Bureau. Deputy Chief Karl Oakman presented the Personnel Summary dated May 3, 2018. For this time period, Department strength is 1,289 law enforcement and 534 civilians. Deputy Chief Oakman presented the Regional Criminalistics Division monthly statistics for May 2018.

Deputy Chief Oakman stated that the assessment process for captains ended last week, and was handled by assessment officers from around the country.

Deputy Chief Oakman provided an update on the Department’s recruitment efforts. He spoke about the Youth Police Academy during summer 2018. The first academy will be June 11-15th, at East Patrol Division. The second academy will take place on July 9-13th, at the Regional Police Academy. The third and final academy will take place on July 23-27th, at South Patrol Division. Sergeant Joseph Bediako explained that the Youth Academy is a one-week program designed to provide an overview of Department functions, specifically the inner workings of the Crime Lab, Academy, and the Traffic Division. The City will provide lunch for the youth each day.

Officer Damon Harrell provided an update on the recruiting opportunities at Manual Career & Technical Center. Officer Harrell visits the Technical Center every week, on Tuesdays and Thursdays. Officer Harrell connects with youth, between the ages of 16 and 18 years old, to inform them about career opportunities that the Department has to offer and the eligibility requirements for the various positions. Last week, 39 students met with Officer Harrell; six students completed Department employment applications.

Deputy Chief Oakman recognized Major Darren Ivey and Captain Darrel Bergquist, of the Human Resources Division, for their continued dedication and efforts made to improve Department recruiting and hiring. Deputy Chief Oakman advised that Major Ivey and Captain Bergquist have done a phenomenal job leading the Employment Unit to reach the employment goals set by the Department.

  1. Patrol Bureau. Sergeant Michael Lenoir spoke about the Youth Police Initiative. The Youth Police Initiative is a week-long program for youth, ages 14 to 18 years old, to interact with police officers in a safe and fun environment. The program will take place at the Boys and Girls Club of Greater Kansas City at 2405 Elmwood Avenue, Kansas City. There will be four sessions of the program during summer 2018; each session will consist of 15 children and seven officers.

Deputy Chief Sharon Laningham advised that Major Dan Haley has arranged four movie nights throughout the summer at South Patrol Division. The movie Annie will be shown on May 19, 2018.

Deputy Chief Laningham also advised that on Saturday evening, May 5th, the Department helicopter was flying over East Patrol when someone on the ground shined a laser up at the helicopter and into the pilot officer’s eyes. The officer was able to put on his night vision goggles and locate the suspect. He gave East Patrol officers directions to locate the suspect, and the suspect was taken into custody. The suspect potentially faces federal charges.

Deputy Chief Laningham presented the Monthly Crime and Offense Summary dated March 2018. Deputy Chief Laningham presented the Traffic Summary for the month of April 2018. She advised that to-date 2018, there have been 8,134 more traffic citations written than in 2017. There have been 14 DUI arrests this month, as a result of wolfpack efforts to detect drunk drivers. To-date in 2018, there have been 21 fatalities, compared to 30 at this time last year. Deputy Chief Laningham presented the April 2018 Executive Summary.

  1. Office of General Counsel. General Counsel Jennifer Atterbury stated she had nothing for discussion at this time.
  2. Office of Community Complaints. In response to a question regarding complaints filed against officers for harassment, Director Merrell Bennekin advised that the Board should focus on the complaints sustained against officers after OCC’s investigation, and not the total number of complaints filed.
  3. Commissioner Wagner. Commissioner Wagner congratulated the Department on the improvements that were being made and the community initiatives.
  4. 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:

June 12, 2018, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City
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 11:44 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, May 8, 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 May 8, 2018:

The Board went into closed session at 11:55 a.m. Commissioner Shurin participated via telephone from 12:00 until 12:34 p.m.

1)      Following a motion by Commissioner Tolbert and a second by Mayor James, the Board voted to grant certain authority to settle the claim of Bakari Rivers. 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 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.

3)      Following a motion by Mayor James and a second by Commissioner Tolbert, the Board voted to approve the minutes of the closed session of the Board of Police Commissioners on April 10, 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.

4)      Following a motion by Mayor James and a second by Commissioner Wagner, the Board voted to go into special closed session at 2:14 p.m., 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.

5)      Following a motion by Commissioner Tolbert and a second 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 2:30 p.m.

____________________
President
____________________
Secretary/Attorney

 

Board of Police Commissioners Minutes