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November 16, 2021 Meeting

Publish Date 11/16/2021

MINUTES OF THE

BOARD OF POLICE COMMISSIONERS

TUESDAY, NOVEMBER 16, 2021

 

A meeting of the Board of Police Commissioners of Kansas City, Missouri was held on Tuesday, November 16, 2021, in the Community Room at Police Headquarters, 1125 Locust Street, Kansas City.

 

PRESENT:

Commissioner Mark Tolbert, President

Commissioner Cathy Dean, Vice President

Commissioner Don Wagner, Treasurer

Commissioner Dawn Cramer, Member

Mayor Quinton Lucas, Member

Mr. David V. Kenner, Secretary/Attorney

Richard C. Smith, Chief of Police

 

This meeting was called to order at 9:31 a.m. by Commissioner Tolbert.  Sergeant Sean Hess led the Pledge of Allegiance.  Chaplain Bill Fox provided the invocation. 

  1. City Council Update. Councilwoman Melissa Robinson, 3rd District, was present on behalf of the City Council.  She believes the relationship between City Council and the Board is dysfunctional, and is hurting the community.  Councilwoman Robinson recommends that the City Council and Board meet together a minimum of four times per calendar year to discuss top concerns and safety issues in the City. 

Councilwoman Robinson stated that community members that reside in the East Patrol, Metro Patrol, and Central Patrol Divisions need to be represented in future policing decisions.  She advised that 3rd Council District residents want enhanced police presence and protection. 

Councilwoman Robinson requested that the Board halt all leadership promotions until rank and file positions are filled.  She spoke about the importance of maintaining officers’ mental health.  She also stated that in order to gain community trust, the Office of Community Complaints (OCC) needs to be separate from the Department.  She also stated that the Board should be the only people allowed to override a decisions made by the OCC.  Lastly, she mentioned the City’s needs for a rehabilitation center and a new detention center. 

In response to Councilwoman Robinson’s comments, Commissioner Dean advised that the Board wants a working relationship with the City.  She also stated that the Board is the only body that can override decisions and determinations made by the OCC.     

  1. Budget Discussion.  Deputy Chief Doug Niemeier spoke about two decisions packages that are included in the Department’s requested budget for Fiscal Year 2022-23: Portable Radio System and Mobile Command Radios.  Deputy Chief Niemeier explained that the Department’s radio system is nearing end-of-life.  The estimated cost to upgrade the portable radio system is $9.9 million, and the estimated cost to replace mobile command radios is $3.1 million.  Deputy Chief Niemeier explained that other City Departments utilize this radio system, and KCPD is responsible for maintaining the towers and antennas. 

Communications Support Manager Jeffrey Brame spoke about the upgrade process that KCFD is currently going through.  KCFD does not need as many radios as KCPD does, and has secured grant funding to cover their radio purchase.  Mr. Brame also answered technical questions from Board members about the radio system.  Deputy Chief Niemeier explained that he is in discussion with the City, and specifically KCFD, on the future of the radio systems.  The Department is exploring grant funding to cover this purchase request.  Deputy Chief Niemeier will keep the Board up-to-date as conversations progress.

  1. Crime Reporting/Gun Crime. Deputy Chief Joseph Mabin presented information on monthly crime statistics.  He advised that to-date 2021, there have been 135 homicides compared to 164 at this same time in 2020.  KCPD has cleared 85 homicides this year.  To-date 2021, there have been 454 non-fatal shootings, compared to 568 at this time last year.  Deputy Chief Mabin advised that there were 51 non-fatal shootings in October 2021, compared to 56 in October 2020.  He presented statistics on suspect and victim characteristics for the month of October 2021.

Deputy Chief Mabin advised that the Department recovered 228 firearms in October 2021, compared to 210 in October 2020.  Year-to-date 2021, the Department has recovered a total of 2,055 firearms.

Sergeant Damont Collins presented on the Real Time Crime Center (RTCC) in the Law Enforcement Resource Center (LERC).  The RTCC is typically staffed with six detectives, one sergeant, and one auxiliary service volunteer.  They are tasked with monitoring the air traffic, monitoring the computer aided dispatch (CAD) system, monitor and utilize cameras and license plate readers across the City, monitor ShotSpotter technology, and monitor social media sources, in efforts to gather pertinent information to assist officers and detectives in the field.    Sgt. Collins also spoke about RTCC’s efforts in community watch programs such as Watch KC and the Ring Doorbell Neighborhood Watch Program.

            Deputy Chief Mabin spoke about cases submitted for prosecution.  In October 2021, there were 329 cases submitted for prosecution; 126 of those cases were filed.  Deputy Chief Mabin that there were 83 prosecution declinations last month; a majority of the declinations were narcotics-related cases filed in Jackson County.

  1. Community Outreach. South Patrol Social Worker Tamara McIntosh spoke about an ongoing initiative at Cloverleaf Apartments to deter juvenile crime.  KCPD Social Services, KCPD Crime Free Multi-Housing, Department of Family Services, Healthy Homes, Grandview School District, and area churches have teamed up to identify and resolve problems in the apartment complex.  Ms. McIntosh explained that management at the apartment complex is constantly changing, and it has become a nuisance property.  Juveniles at the complex were involved with fights, weapons, and truancy. 

Members from KCPD’s Social Services Division and Crime Free Multi-Housing Unit assisted families by providing clothing, access to required vaccinations for school, and increased bus routes near the complex.  COMBAT will also be implementing truancy courts.  The Board thanked Ms. McIntosh for her efforts in assisting families and improving conditions at Cloverleaf Apartments.

Sergeant Sean Hess and Officer Marc Canovi provided a presentation on the Crisis Intervention Team (CIT).  Sergeant Hess spoke about the Crisis Intervention Training that KCPD’s CIT Unit provides to area law enforcement agencies.  Basic CIT training is a 40-hour, or five day class, that teaches the de-escalation model of mental health crisis response.  The CIT-VET class is a three day class that provides an understanding on veterans in crisis.  The CIT Telecommunications training provides dispatchers and call takers with knowledge and skills to identify a mental health caller in crisis.  Mental Health Awareness is also taught in annual in-service training for all sworn law enforcement members.

Sergeant Hess advised that the Department has 533 members CIT-certified; 372 of those members are assigned to the Patrol Bureau.  This year the CIT Unit has responded to 360 calls for service, and has followed up on 494 incidents.  Of the 494 follow ups, 124 of the situations were considered dangerous and involved suicidal and/or homicidal individuals and 301 of the situations were considered chronic or involved repeat callers. 

Officer Canovi spoke about the CIT Unit’s involvement in homeless camps.  He also spoke about the CIT Unit’s involvement in the community.  The CIT Unit has assisted with securing Autism sensory kits for patrol car.  They also partnered If I Need Help, a registry and database to identify disabled individuals in crisis. 

Major Paul Luster presented a slideshow of photographs from events that KCPD was involved in this month.  These events included a variety of community events, Trunk-or-Treat events, Police Athletic League at South Patrol Division, Thanksgiving Giveaways, and the escorting the Mayor’s Christmas Tree into town. 

  1. Department Staffing and Recruitment. Deputy Chief Niemeier introduced Darrick Bruns and members of the Northland Career Center’s Law Enforcement and Crime Scene Investigation (CSI) Program.  This program is available to high school students that attend a school in the Kansas City Northland.  The program teaches skills and general duties performed by law enforcement officials and crime lab personnel. 

            Mr. Bruns advised that there are 35 openings in each class, and there are two classes that run at a time (A.M. and P.M.).  The program typically receives 125 applicants.  The current program is currently made up of 52 percent female and 48 percent male; ethnic and racial minorities make up 17 percent of the program.

            Mr. Bruns spoke about the career fields the students explore after graduation.  He advised that since becoming an instructor at the Northland Career Center, 62 of his students have gone on to become police officers.  Of the 62 officers, 31 members joined KCPD, 20 joined surrounding KC metropolitan agencies, one joined the Missouri State Highway Patrol, and two joined Federal agencies.  An additional 16 students became crime lab technicians, eight became dispatchers, and six became detention officers.  

            Deputy Chief Niemeier thanked Mr. Bruns for his presentation.  Deputy Chief Niemeier explained that this program is a great opportunity to recruit young people to join the Department.  The Board commended Mr. Bruns on his exceptional program and thanked him for his presentation. 

            Deputy Chief Michael Hicks provided an update on Department staffing.  As of October 31, 2021, Department strength was 1,731.  For this time period, there were 1,195 sworn law enforcement personnel, 505 career civilians, 26 police officer candidates, and five Board members.  KCPD has 115 members less than it did during this same time period in 2020; there are 295 current job vacancies.  In November 2021, the Department expects an additional nine members to resign or retire; an additional 23 members have signed up to retire in December 2021.  The Fraternal Order of Police Lodge 99 anticipates that KCPD will be down to 1,162 sworn members.  These staffing levels are equivalent to those in the 1990s. 

Deputy Chief Hicks advised that KCPD has hired five lateral officers from outside agencies in 2020-2021.  The Department has hired a total of 60 potential law enforcement members in the past two years, while losing a total of 204 law enforcement members.  The Employment Unit continues to recruit.  There is currently a pool of potential law enforcement recruits if funding becomes available for a new Academy class.

  1. Executive Services Bureau. Deputy Chief Doug Niemeier presented the following items for Board approval:
  2. Budget Transfers for Fiscal Year 2021-22.  A memorandum dated November 3, 2021, was presented to recommend approval of budget transfers.  This budget transfer will affect the Police Drug Enforcement Fund, Police Grants Fund, and the Grants Special Revenue Fund. 

A motion was made by Commissioner Dean, with a second by Commissioner Wagner, to approve the budget transfers as presented.  The vote was 4-1 in favor, with Mayor Lucas voting Nay.   

  1. Bank Pledgee Agreement Form/Board Resolutions and Signature Cards.  A memorandum dated November 2, 2021, was presented to recommend t approval to update necessary signatures on the pledgee agreement form at the Federal Reserve Bank of Boston, and to update necessary signatures on UMB Bank and Greater KC Public Safety Credit Union Signature cards.  These changes are necessary to accommodate position changes in the Board.

            A motion was made by Mayor Lucas, with a second by Commissioner Dean, to approve the necessary changes on banking documents as presented.  The vote was 5-0 in favor.

  1. Audit Services RFP #2019-5. A memorandum dated November 1, 2021, was presented to recommend approval for a one-year contract renewal with Cochran Head Vick & Co. for auditing services, at an anticipated expenditure of $77,168.00.  This will be the third renewal of four optional and additional renewal periods.  In response to a question from Commissioner Dean, Deputy Chief Niemeier advised that this contract includes a minimum of 20 percent minority participation through Ralph C. Johnson & Company, P.C.

A motion was made by Commissioner Wagner, and a second by Commissioner Dean, to approve a one-year contract renewal with Cochran Head Vick & Co. for auditing services, at an anticipated expenditure of $77,168.00.  The vote was 5-0 in favor.

  1. RFP #2022-4, 2022 Model Year Ford Police SUVs.  A memorandum dated October 25, 2021, was presented to recommend approval to purchase 26 new 2022 model year police SUVs from Shawnee Mission Ford, at a total cost of $878,708.00.  Shawnee Mission Ford was the only company to respond to the RFP.

A motion was made by Commissioner Dean, with a second by Mayor Lucas, to

approve the purchase of 26 new 2022 model year police SUVs from Shawnee Mission Ford, at a total cost of $878,708.00.  The vote was 5-0 in favor.

  1. RFP #2022-2, Installation of Law Enforcement Emergency Equipment. A memorandum dated November 8, 2021, was presented to recommend of a sole source contract to KA-Comm, Inc., for installation of law enforcement emergency equipment on new vehicles, at an estimated expenditure of $208,435.41.  KA-Comm, Inc. was the only company to respond to the RFP.  The initial service period is December 1, 2021 through November 30, 2022, with four optional one-year renewal periods thereafter.

A motion was made by Commissioner Dean, with a second by Mayor Lucas, to

approve a one-year contract with KA-Comm, Inc., for installation of law enforcement emergency equipment, at an estimated expenditure of $208,435.41.  The vote was 5-0 in favor.

Deputy Chief Doug Niemeier thanked the Fiscal Unit staff, especially Budget Manager Kristine Reiter, Major Derek McCollum, Captain Jonas Baughman, and Sergeant Jennifer Crump, for their hard work in preparing the Requested Budget for Fiscal Year 2022-23.  The staff numerous hours making changes to the requested budget in recent days, and their hard work is appreciated.  The Board commended the Fiscal Unit staff for their work. 

  1. Professional Development and Research Bureau. Deputy Chief Mike Wood presented the Basic Training Class Summary for October 2021.  The 172nd Entrant Officer Class will graduate on December 9, 2021.  This is an outside agency class with zero KCPD recruits.  The 173rd Entrant Officer Class began training on September 14, 2021, and is expected to graduate on March 24, 2022.  The class started with 32 KCPD recruits and 16 from outside agencies; however, six KCPD recruits have since resigned, leaving 26 KCPD recruits.  Deputy Chief Wood advised that an outside agency class will begin on February 7, 2022.  If funding is available, KCPD can have up to 45 recruits in this class.

            Deputy Chief Wood provided an update on the Youth Services Unit.  He advised that D.A.R.E. officers have taught the curriculum at 11 schools this past month.  He also advised that the Youth and Police Initiative cohort at the Boys and Girls Club, in October 2021, was successful.  He advised that 795 youth attended activities at the Police Athletic League (PAL) in October. 

            Sergeant Skip Cox provided a presentation on the PAL Draft Gala on November 6, 2021.  This was a collaboration with the Kansas City, Kansas PAL at the Urban Youth Academy.  Guests were shown demonstrations on the Department’s Canine Unit, drones, and shoot/don’t shoot simulations.  Former Royals Player Willie Wilson was the guest speaker.  Over 350 people attended, 75 people volunteered, and $195,000 was raised for PAL. 

Deputy Chief Wood presented the following policy projects for Board approval:

  1. Project 1358: Adult Missing Persons and Missing/Runaway Juveniles
  2. Project 1364: Workplace-Related Incidents

A motion was made by Commissioner Dean, with a second by Mayor Lucas, to approve Project 1358, Adult Missing Persons and Missing/Runaway Juveniles, as presented.  The vote was 5-0 in favor.

A motion was made by Commissioner Dean, with a second by Mayor Lucas, to approve Project 1364, Workplace-Related Incidents, as presented.  The vote was 5-0 in favor.

  1. Office of General Counsel. General Counsel Holly Dodge presented the October 2021 Private Officers Licensing Unit Monthly Summary.  In October 2021, there were 26 private officer license suspensions, three license denials, and zero license revocations.

            Ms. Dodge presented the following Private Officer Licensing Appeals:

  1. Private Officer Licensing Appeal, Brandon M. Goeman.   A memorandum dated November 9, 2021, was presented to recommend the denial of an armed private security license of Mr. Brandon M. Goeman.  The basis for the denial is outlined in Title 17 of the Code of State Regulations Section 10-2.050(3)(P), which stipulates each applicant applying for a license under these provisions must meet these standards and may be denied if the applicant has, “been terminated from or resigning under investigation or threat of discharge from the department.”  The basis for Mr. Goeman’s denial was his resignation under threat of termination from the Kansas City, Missouri Police Department on December 12, 2008.

            A motion was made by Mayor Lucas, with a second by Commissioner Tolbert, to uphold the appeal and grant an armed private security license to Mr. Brandon M. Goeman.  The vote was 4-1 in favor, with Commissioner Dean voting Nay.

  1. Private Officer Licensing Appeal, David M. Shepherdson Jr.  A memorandum dated October 28, 2021, was presented to recommend the denial of the unarmed private security license of Mr. David M. Shepherdson Jr.  The basis for the denial is outlined in Title 17 of the Code of State Regulations Section 10-2.050 (3)(O), which stipulates the qualifications for a private security license and states that each applicant applying for a license under these provisions must meet these standards.  An applicant may be denied a license, “If the applicant has provided other facts or actions which demonstrate that the applicant is unsuitable or ineligible for license.”  The basis for Mr. Shepherdson’s denial was his resignation from the City of Mission, Kansas Police Department, pending an Internal Affairs Investigation on January 24, 2018.

A motion was made by Commissioner Wagner, with a second by Mayor Lucas, to uphold the appeal and grant an unarmed private security license to Mr. David M. Shepherdson Jr.  The vote was 4-1 in favor, with Commissioner Dean voting Nay. 

  1. Office of Community Complaints. Director Merrell Bennekin provided statistics on monthly complaints received by the Office of Community Complaints (OCC).  In October 2021, the OCC received a total of 23 complaints.  This is a 15 percent decrease compared to the 20 complaints received in October 2020.   Year-to-date 2021, the OCC has received 189 complaints, compared to 212 for this same time period last year.  From August 2021 through October 2021, the OCC submitted 35 complaints for formal investigation by the Internal Affairs Unit, compared to 39 complaints during this same time period last year.  The OCC handled 30 non-investigative complaints during the same three month time period.  Year-to-date statistics for complaints that have been investigated are as follows: 95 complaints forwarded to the Internal Affairs Unit for investigation, 19 not-sustained recommendations, 24 exonerations, 11 sustained recommendations, and 18 were considered non-cooperative, closed by the OCC, or voluntarily withdrawn.    

            Director Bennekin presented a draft copy of the Community Advisory Committee Bylaws and Application.  The goal of the OCC is to have members in place by February or March of 2022.  Senior Legal Analyst Karen Williams provided a brief overview of the history of the OCC Community Advisory Board.  Mayor Lucas asked that this item be held for future discussion. 

            Director Bennekin spoke about the passing of Carl Evans.  Mr. Evans was an educator, community leader, mentor, and friend to the OCC and KCPD.    

  1. Public Comments. Joy Marie Chamberland spoke about an incident she witnessed at a local store when a KCPD officer used his own money to buy a woman a meal.  He was calm and sincere when speaking with the woman, and provided her with great assistance.  Ms. Chamberland stated the best thing of all was that a 12-year-old boy witnessed this officer’s actions. 

            Doug Schafer urged the Board to take action and hold Chief Smith accountable.  Mr. Schafer would like for the City to have local control over the Department.  He demanded that Chief Smith resign. 

  1. Recap from Chief Richard Smith. In response to comments about officers’ mental health by Councilwoman Robinson, Chief Smith advised that members are encouraged to watch for signs and get help if they need it.  Over the next three months, Dr. Jennifer Prohaska will be engaged with the Department, conducting research to address resiliency and trauma.  Mental health awareness training is also being implemented in recruit and in-service training.

Chief Smith advised that he spoke at the Citizen’s Police Academy Graduation last week.  Three people that attended the Citizen’s Police Academy advised that they will be applying to KCPD.

Chief Smith advised the Board that he held two budget sessions with KCPD members and their families, to address changes made to this year’s requested budget compared to previous years. 

  1. Approval of minutes. A motion was made by Commissioner Dean, with a second by Mayor Lucas, to approve the minutes of the open session meeting of the Board of Police Commissioners on October 26, 2021.  The vote was 5-0 in favor. 
  2. Mr. David Kenner. Mr. Kenner congratulated Building Security Guard Alan Pierce on his upcoming retirement, and thanked Mr. Pierce for his 45 years of service to the Department.  Mr. Pierce will have a formal retirement ceremony on December 3, 2021.
  3. Mayor Quinton Lucas. Mayor Lucas wished everyone a Happy Thanksgiving. 
  4. Commissioner Cathy Dean. Commissioner Dean thanked Ms. Joy Marie Chamberland for her support of the Department throughout the years.  Ms. Chamberland has participated in 73 volunteer ride-alongs.  Ms. Chamberland also coordinated a fundraiser through her church for DNA kits.  She remains active and involved in Department events.  She also attends every Board meeting.  The Board thanked Ms. Chamberland. 
  5. Scheduled meetings. The Board of Police Commissioners of Kansas City, Missouri has scheduled the following meetings:

 

Board Disciplinary Hearings:

 

BOPC 21-02

THIS MEETING HAS BEEN CONTINUED FROM ITS CURRENT SETTING OF JANUARY 28, 2021, AND WILL BE RESCHEDULED FOR A FUTURE DATE TO BE DETERMINED BY THE BOARD.

 

Regular Meetings:

 

December 14, 2021, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

January 25, 2022, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

February 22, 2022, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

March 22, 2022, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

April 26, 2022, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

May 24, 2022, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

June 28, 2022, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

            A motion was made by Commissioner Dean, with a second by Mayor Lucas, and by vote indicated below, to adjourn the open meeting at 12:39 p.m. and reconvene in closed session as provided in the following resolution.  Following a roll call, the vote was 5-0 in favor.

RESOLUTION

WHEREAS, notice of the board meeting of the Board of Police Commissioners was given on February 1, 2021, 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, November 16, 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:

Mayor Quinton Lucas                                                 -           Aye

Commissioner Dawn Cramer                                     -           Aye

Commissioner Don Wagner                                       -           Aye

            Commissioner Cathy Dean                                         -           Aye

Commissioner Mark Tolbert                                       -           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 November 16, 2021:

The Board went into closed session at 12:57 p.m. 

1)         Following a motion by Mayor Lucas and a second by Commissioner Dean, the Board voted to approve the minutes of the closed session of the Board of Police Commissioners on October 26, 2021.  The vote was 5-0 in favor.  Following polling, Commissioner Tolbert voted Aye, Commissioner Dean voted Aye, Commissioner Wagner voted Aye, Commissioner Cramer voted Aye, and Mayor Lucas voted Aye.

2)         Following a motion by Commissioner Dean and a second by Mayor Lucas, the Board voted to go into special closed session to discuss personnel matters.  The vote was 5-0 in favor.  Following polling, Commissioner Tolbert voted Aye, Commissioner Dean voted Aye, Commissioner Wagner voted Aye, Commissioner Cramer voted Aye, and Mayor Lucas voted Aye.

            Mr. Kenner left the meeting at 2:08 p.m.  Chief Smith left the meeting at 2:21 p.m.  Director Merrell Bennekin joined the meeting at 2:22 p.m.

3)         Following a motion by Mayor Lucas and a second by Commissioner Dean, the Board voted to come out of special closed session and adjourn.  The vote was 5-0 in favor.  Following polling, Commissioner Tolbert voted Aye, Commissioner Dean voted Aye, Commissioner Wagner voted Aye, Commissioner Cramer voted Aye, and Mayor Lucas voted Aye.

The Board adjourned at 2:46 p.m.