September 12, 2017, Meeting

MINUTES OF THE
BOARD OF POLICE COMMISSIONERS MEETING
TUESDAY, SEPTEMBER 12, 2017

A meeting of the Board of Police Commissioners of Kansas City, Missouri was held on Tuesday, September 12, 2017, at KCPD North Patrol Division, Community Room, 11000 N.W. Prairie View Road, Kansas City.

PRESENT:
Commissioner Leland M. Shurin, President
Commissioner Nathan Garrett, Vice-President
Commissioner Angela Wasson-Hunt, Treasurer
Commissioner Michael C. Rader, Member
Mr. David V. Kenner, Secretary/Attorney
Richard C. Smith, Chief of Police

EXCUSED:
Mayor Sylvester “Sly” James, Jr., Member

This meeting was called to order at 10:04 a.m. by Commissioner Shurin. Commissioner Shurin stated that every Board meeting will now begin with the Pledge of Allegiance. Major Diane Mozzicato led the Pledge of Allegiance. Pastor Dennis Dewey provided the invocation.

1. Awards and Commendations.
The Special Unit Citation was presented to the DUI Section for their dedication and commitment to the performance of their duties in 2016. In 2015, the DUI Section lost a position to Department staffing reductions, but they worked diligently with one less person and finished 2016 with 15 percent more DUI arrests per officer. They exhibited impressive productivity in other areas throughout the year, as well. The DUI Section also helped the Department navigate a major legal change in 2016 that would allow for the felony prosecution of habitual DUI offenders. This marked the first time electronic search warrants could be used to get a warrant to draw an intoxicated driver’s blood, following the passage of Missouri’s “No Refusal” law. The DUI Section went on to write 44 felony search warrants in 2016, making it the first time in the history of KCPD that warrants had been sought for DUI offenses outside of fatality or serious-injury crashes.

Members of the DUI Section have also received praise for teaching all academy and refresher training courses regarding DUIs. Every member of the DUI Section received individual Mothers Against Drunk Driving (MADD) Heroes for the Heartland awards, along with the DUI Task Force of the Year Award.

The Certificate of Commendation was presented to Officers Johnathon Dawdy and Damon Hawley for their exceptional police act on September 20, 2016. Officers Dawdy and Hawley were patrolling the parking lots of A-1 and Capital Inn Motels, located at 6101 E. 87th Street, which were locations known for narcotics use, stolen vehicles and prostitution. The officers noticed a motorcycle on a trailer, attached to a recreational vehicle, a white Ford Ranger, and a Ford F-450. A woman was seen in the front passenger seat of the F-450, and two white men were standing next to the flat bed. A quick computer check on the Iowa license plates for the F-450 indicated the plate was registered to a different vehicle. The officers initiated a car check on the F-450. The woman inside the truck denied knowledge of the vehicle’s ownership and was being uncooperative with the officers, so Officer Hawley detained her and continued the investigation. The two men started to flee from officers, but were quickly apprehended. All three suspects denied any connections to the vehicles, but paperwork and further evidence discovered by the officers connected all three suspects to the vehicles and the property inside them. The suspects were found to have felony warrants. An inventory search of the vehicles revealed five pounds of methamphetamine and roughly $34,500 in cash, along with six handguns. As a result, all were arrested and charged with distribution/possession of a controlled substance. They are currently incarcerated, facing many years in federal prison, with one facing a life sentence.

2. Public Comments.
Mr. Ron Hunt spoke about an organization created to fight crime that meets at Victorious Life Church. Mr. Hunt requested the Board members email addresses, so that he can send notifications about the group to the Board. Mr. Hunt expressed his concerns about the increase of shootings throughout the City, specifically in Westport and on 71 Highway. Chief Smith stated that a prevention plan for Westport has been put into place to prevent shootings before they occur. Chief Smith also advised that increased resources are being used in the areas where shootings are occurring.

Mr. Keith Brown-Hill expressed his concern with the presence of militia men from southern Missouri, at a rally at Ilus W. Davis Park on August 19, 2017. Mr. Brown-Hill stated that the militia men armed with loaded weapons made many attendees fearful. Mr. Brown-Hill would like an ordinance put in place that bans guns in parks.

Ms. Hobbes Entrikin expressed her concerns with the actions of the Department at a rally in Washington Square Park on September 9, 2017. Ms. Entrikin alleges that the Department failed to interfere with the Missouri Nazis, after multiple slurs and a death threat against the homosexual and transgender individuals in attendance at the rally. Ms. Entrikin believes the Department should better protect and advocate for the homosexual and transgender communities in the City.

3. Chief Richard C. Smith.
Chief Richard Smith spoke about the changes he has made throughout the Department during his first month as Chief. Chief Smith advised that Community Interaction Officers (CIO) have been re-instituted at each division station. The hot spot program has been suspended, and will be re-evaluated after a 90 day period. An Internal Audit Unit, consisting of one captain and one sergeant, has been created to review the structure and functions of every Department unit. Chief Smith also advised that each division station will hold a gathering to welcome the Chief, and community members are encouraged to attend.

4. Councilperson Alissia Canady.
Councilperson Canady thanked the Board for scheduling meetings at different locations throughout the City. Councilperson Canady spoke about the positive feedback she has received regarding Chief Smith’s accessibility and the approach he is taking to engage with the community. Councilperson Canady advised that Judge Franco will be retiring. She is concerned that the Judge’s position may not be filled, due to the decrease in traffic citations issued. Councilperson Canady has noticed the Office of Community Complaints becoming more visible, and people in the community are becoming more aware of how to access them. Councilperson Canady has not heard any more complaints from “Smoke Your Tires, Not Your Homies.” She also spoke about the expansion of the OK Program to Southeast High School, and thanked Deputy Chief Oakman for his involvement with the program.

5. FY 2016-2017 Citizen Satisfaction Survey.
Kate Bender and Julie Steenson, from the Office of Performance Management, presented the 2016-17 Citizen Satisfaction Survey results. Ms. Bender and Ms. Steenson explained that the survey gives an opportunity to measure outcomes of the City services, identify differences between demographic or user groups, and gauge citizen’s relative priorities for different services. Ms. Bender and Ms. Steenson detailed the citizen feedback regarding police service throughout the City. They explained that police service ranked number two in importance on the residents’ priority scale, falling just behind the streets, sidewalks and infrastructure category. Sixty-five percent of members in the community were satisfied/very satisfied with police service in the City, 22% were neutral, and 13% were dissatisfied/very dissatisfied. Thirty-two percent of the City is satisfied with overall efforts to prevent crime, 38% are satisfied with the visibility of police presence in neighborhoods, and 45% are satisfied with the response times of police in emergency situations. Forty-one percent of members in the community have an overall safe feeling in the City, and 61% feel safe in their own neighborhoods. In response to a question, Ms. Bender stated that out of 9,000 surveys sent, 4,399 were completed. She explained that the number of surveys completed was fairly high, providing a large sample size of the opinions of the community. She also advised that people generally have a higher perception of the quality of their own neighborhoods, than they do the City as a whole, regardless of where they live.

6. Approval of minutes.
Commissioner Wasson-Hunt suggested a minor formatting change to the open minutes of August 15, 2017, and corrections were made to the open minutes as suggested. A motion was made by Commissioner Wasson-Hunt, with a second by Commissioner Rader, to approve the minutes of the Swearing-In Ceremony of Chief Richard C. Smith on August 15, 2017, and the open meeting on August 15, 2017. The vote was 4-0 in favor.

7. Executive Services Bureau.
Acting Deputy Chief Mark Francisco presented the following items for Board approval:

a. Midwest HIDTA Investigative Support Center Initiative

Memorandum of Understanding #G17MW0003A. A memorandum dated August 29, 2017, was presented to recommend the acceptance of the Midwest HIDTA Investigative Support Center Initiative Memorandum of Understanding #G17MW0003A, in the amount of $325,714.00, for the period of January 1, 2017 through December 31, 2018. This is the nineteenth year of funding.

A motion was made by Commissioner Wasson-Hunt, with a second by Commissioner Rader, to accept the Midwest HIDTA Investigative Support Center Initiative Memorandum of Understanding #G17MW0003A as presented. The vote was 4-0 in favor.

b. KCTEW Sub-Recipient Agreement. A memorandum dated August 21, 2017, was presented to recommend the acceptance of the Fifth Amendment to the Kansas City Terrorism Early Warning program sub-recipient agreement, which decreases funding from $511,564.67 to $484,935.67, and that the document be signed by Chief Smith. The $26,229.00 decrease is to provide funding for the Memex/SAS analytical software annual maintenance and support.

A motion was made by Commissioner Rader, with a second by Commissioner Garrett, to accept the KCTEW Sub-Recipient Agreement as presented. The vote was 4-0 in favor.

c. Shot Spotter Maintenance Renewal 2017-18. A memorandum dated September 6, 2017, was presented to recommend approval of a one-year contract renewal with Shot Spotter, Inc., to provide Shot Spotter System Maintenance. The contract period is from October 1, 2017, through September 30, 2018. The total anticipated expenditure will be $156,200.

A motion was made by Commissioner Rader, with a second by Commissioner Wasson-Hunt, to approve the one-year contract renewal with Shot Spotter, Inc., as presented. The vote was 4-0 in favor.

d. Supplemental Appropriations for Fiscal Year 2018-18. A memorandum dated August 31, 2017, was presented to recommend acceptance of Ordinance No. 170595 and establish the revenue and appropriations as presented.

A motion was made by Commissioner Wasson-Hunt, with a second by Commissioner Rader, to accept Ordinance No. 170595 and establish revenue and appropriations as presented. The vote was 4-0 in favor.

e. Budget Transfers for Fiscal Year 2017-18. A memorandum dated August 31 2017, was presented to recommend approval of budget transfers. This budget transfer will affect the General Fund, Police Drug Enforcement Fund, and the Police Grants Fund.

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

f. Bid No. 2017-12: Automotive Tires. A memorandum dated August 25, 2017, was presented to recommend approval of a one-year contract with State Avenue Tire and Auto Center, to provide automotive tires for the lowest and best bid of $173,045.25. The contract period is from October 1, 2017 through September 30, 2018, with the option to renew for three additional one-year periods.

In response to a question, Acting Deputy Chief Francisco advised that State Avenue Tire and Auto Center provides the best automotive tires, in addition to having the lowest bid. The Department has contracted with them in the past. A motion was made by Commissioner Rader, with a second by Commissioner Garrett, to approve the one-year contract with State Avenue Tire and Auto Center. The vote was 4-0 in favor.

g. Bid No. 2017-2: Police Uniform Items. A memorandum dated August 25, 2017, was presented to recommend approval of a one-year contract renewal to provide police uniform items to Galls, Inc., for the lowest and best bid of $428,797.68.

In response to a question, Acting Deputy Chief Francisco advised that discussions about uniform changes are in progress. A motion was made by Commissioner Wasson-Hunt, with a second by Commissioner Rader, to approve the one-year contract renewal with Galls, Inc. The vote was 4-0 in favor.

h. Communication Unit Update. Acting Deputy Chief Francisco advised that four call-takers have completed the classroom portion of training, and are currently completing on-the-job training. Five people are enrolled in the call-taker class that begins on September 18, 2017. A total of 59 applicants are in the hiring process. Acting Deputy Chief Francisco advised that there are three current KCPD employees, outside of the Communications Unit, that have been trained to work call-taker overtime hours. He also advised that three employees who previously resigned from the Department have agreed to come back to the Communications Unit on a part-time basis. The Department is working on hiring regional call-takers and dispatchers on a contract basis to help eliminate the mandatory overtime hours in the Communications Unit. Acting Deputy Chief Francisco advised that the Department is working on an educational public service announcement regarding calling 911 and non-emergency numbers that will air on the City’s government channel. In response to a question, Major Gates advised that mandatory overtime is still required, but the number of people working it has increased, therefore members of the Communications Unit are working less mandatory overtime. Acting Deputy Chief Francisco advised that the Department is hiring new members to the Communications Unit as fast and as efficiently as possible.

8. Professional Development and Research Bureau.
Deputy Chief Bob Kuehl presented the Academy Class Summary for September 2017.

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

a. Project #795: Towing/Protective Custody of Vehicles and Contents

A motion was made by Commissioner Rader, with a second by Commissioner Shurin, to approve the consent agenda item as presented. The vote was 4-0 in favor.

9. Investigations Bureau.
Deputy Chief Cheryl Rose presented the Board with the Investigations Bureau reports for August 2017.

Deputy Chief Rose said that to-date in 2017, there have been 106 homicides, compared to 83 at this time last year. Deputy Chief Rose advised that the number of drive-by shootings is trending downward. In response to a question about bias crimes from a previous meeting, Deputy Chief Rose advised that no felony arrests were made. Out of the 31 bias crimes, six city arrests were made, two city warrants were issued, nine cases were closed due to the lack of leads, five are closed due to lack of cooperation, and nine cases are still open.

Deputy Chief Rose advised that the Department was awarded the Crime Gun Intelligence Center Initiative grant, which amounts to up to one-million dollars for two years. This grant will fund two more detectives in the Crime Gun Intelligence Center and one full-time person to operate the NIBIN machine.

Deputy Chief Rose explained that there have been 29 opioid overdose deaths to-date 2017, compared to 38 for all of 2016. The Department has recovered 41 pounds of fentanyl this year. Deputy Chief Rose also stated that Dr. Stacey Daniels-Young, former Commissioner, has retired from COMBAT.

10. Administration Bureau.
Deputy Chief Oakman presented the Regional Criminalistics Division monthly statistics for September 2017.

Deputy Chief Oakman provided an update on the Sprint contract. Per November 2016, Sprint committed to build 14 new sites where KCPD specifically needs coverage, complete eight mini-macros and two site upgrades already in progress, convert all KCPD phones to iPhone 7 (or phone of choice) at no cost, $165,000 service credit over the next six months, and add in-building solutions to all KCPD facilities where needed. Sprint built 17 new sites. Deputy Chief Oakman stated that the Department is pleased with the reception and connectivity that these updates provide. He stated that once the construction on a few remaining towers is completed, the current commitment will be fulfilled.

Deputy Chief Oakman also advised that the Human Resources Division is now under the Administration Bureau. Deputy Chief Oakman stated the Department is focused on streamlining the hiring process to make it a faster and more efficient process. He explained that updates to the Employment Unit will consist of an online application, a mobile recruiting app (which should be ready by January, 2018), and rotating testing locations throughout the City. He stated that the Department is in discussion with the Kansas City School District to create a KCPD Career Center at Metro Tech High School, to hire students directly out of high school. Deputy Chief Oakman would also like to create a youth police academy summer program to build relationships with children aged 12-16 throughout the City. He advised that the Department is also going to increase recruiting efforts at colleges, and in particular with athletic departments where many students major in criminal justice. Chief Smith advised that Captain Ron Legg was attending the College of the Ozarks’ Career Day, to meet with criminal justice majors in a recruiting effort. Chief Smith and the Board encourage these recruiting efforts.

11. Patrol Bureau.
Deputy Chief David Zimmerman presented the Monthly Offense Summary dated July 2017. Deputy Chief Zimmerman stated that property crimes and violent crimes throughout the City are increasing. In response to a question, Deputy Chief Zimmerman explained that the increase of violent crimes is comparable to the increases in other large cities’ violent crime rates. He noted that social media appears to fuel conflicts.

Deputy Chief Zimmerman presented the Traffic Summary for the month of August 2017. Deputy Chief Zimmerman explained that the number of traffic tickets is low, due to the restrictions in state law and shortage of personnel. Fatality accidents and events around the City, such as protests, use resources from the Traffic Division, and contributes to the decrease in traffic citations. Deputy Chief Zimmerman advised there have been 67 fatalities to date this year, there were 46 at this time last year. He advised that officers have been working the motorcycle issue on the Plaza and in the West Bottoms area. The officers have conducted over 40 stops, towed 20 motorcycles, issued over 40 citations, and arrested people on numerous warrants. Deputy Chief Zimmerman advised that the Department won a grant for aggressive motorcycle enforcement, totaling $17,000. Deputy Chief Zimmerman advised that response times should be listed in the report next month.

Deputy Chief Zimmerman provided an update on the Matrix Staffing Study. Deputy Chief Zimmerman explained that the Human Resources Division was moved to the Administration Bureau. Deputy Chief Zimmerman stated that Staff Inspection should be reassigned as a direct report to the Patrol Bureau, as long as the function is deemed necessary. He stated that he will send the Staff Inspection job description to the Board. The Quality Control Unit has been repurposed as the Internal Audit Unit, while expanding its focus department-wide in order to mitigate risk on an organizational level. Matrix Consulting Group (MCG) did not make a specific recommendation regarding the Internal Affairs Unit, but the Department recommends the Internal Affairs Unit stays in the Office of the Chief of Police, and that staffing levels stay the same. The Department recommends that the Office of Diversity Affairs be moved under the Administration Bureau. MCG recommended that the Patrol Bureau be split into the Patrol Bureau with six patrol divisions only and a Support Operations Bureau composed of the Traffic Division and the Special Operations Division. The Department recommends that the Patrol Bureau remain one bureau. The Department does not agree with realigning the Construction Division to report to the Building Operations Unit. Commissioner Wasson-Hunt requested a monthly report regarding consolidation of different divisions with the City. Deputy Chief Zimmerman reported that a meeting will be held this afternoon regarding consolidation of workers’ compensation. Additional meetings will be held regarding One IT and fleet operations.

12. Human Resources.
Director Meredith Rund presented the Personnel Summary dated September 6, 2017. For this time period, Department strength is 1,303 law enforcement and 513 civilians.

Director Rund briefly addressed concerns submitted to the Board by civilian Department members, specifically regarding civilian salary and the hiring of retired officers in civilian capacity. Director Rund recommends that a salary survey be conducted, to see if the current pay step model for each salary range is the best model and if the salary range for each position needs to be modified. Director Rund stated that a conversation needs to be had with Mr. Jim Pyle of the Police Retirement System, to discuss the impact of retired officers not contributing to civilian retirement.

13. Office of General Counsel.
General Counsel Virginia Murray stated she had nothing for discussion at this time.

14. Fraternal Order of Police Lodge No. 99.
Jeanene Kiesling, Director of Media and Publications for Lodge 99, advised that a reception to welcome Chief Smith will take place at the Lodge on September 22nd, from 5:00 p.m. to 7:00 p.m.

15. Scheduled meetings.

The Board of Police Commissioners of Kansas City, Missouri has scheduled the following meetings:

Regular Meetings:

October 10, 2017, 10:00 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
November 14, 2017, 10:00 a.m., at KCPD East Patrol Gymnasium, 2640 Prospect Avenue, Kansas City.
December 12, 2017, 10:00 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
January 23, 2018, 10:00 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
February 13, 2018, 10:00 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
March 20, 2018, 10:00 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
April 10, 2018, 10:00 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
May 8, 2018, 10:00 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
June 12, 2018, 10:00 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

16. Secretary/Attorney David Kenner.
A motion was made by Commissioner Rader, with a second by Commissioner Wasson-Hunt, to elect Commissioner Nathan Garrett as Vice-President of the Board. The vote was 4-0 in favor.

17. Commissioner Michael Rader.
Commissioner Rader commended the Department for their hard work in the trail murder investigation.

18. Commissioner Angela Wasson-Hunt.
Commissioner Wasson-Hunt congratulated Chief Smith for all of the progress made in the first month as Chief.

A motion was made by Commissioner Garrett, with a second by Commissioner Wasson-Hunt, and by vote indicated below, to adjourn its open meeting at 12:17 p.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 October 20, 2016, 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, September 12, 2017, at KCPD North Patrol Division, 11000 N.W. Prairie View Road, 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 Leland M. Shurin – Aye
Commissioner Angela Wasson-Hunt – Aye
Commissioner Michael C. Rader – Aye
Commissioner Nathan Garrett – 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 September 12, 2017:

Mayor James had an excused absence.

1) Following a motion by Commissioner Rader, with a second by Commissioner Wasson-Hunt, the Board voted to approve the application for continued employment of Police Officer Rita Olson-Stawicki. The vote was 4-0 in favor. Following polling, Commissioner Wasson-Hunt voted Aye, Commissioner Rader voted Aye, Commissioner Garrett voted Aye, and Commissioner Shurin voted Aye.

2) Following a motion by Commissioner Rader, with a second by Commissioner Shurin, the Board voted to give Virginia Murray certain authority to settle the case of T.A.P.S. of KC v. Gallagher, et al. The vote was 4-0 in favor. Following polling, Commissioner Wasson-Hunt voted Aye, Commissioner Rader voted Aye, Commissioner Garrett voted Aye, and Commissioner Shurin voted Aye.

3) Following a motion by Commissioner Rader, with a second by Commissioner Wasson-Hunt, the Board voted to give Virginia Murray certain authority to settle the permanent partial disability workers’ compensation claim of Sgt. xxxx1 . The vote was 4-0 in favor. Following polling, Commissioner Wasson-Hunt voted Aye, Commissioner Rader voted Aye, Commissioner Garrett voted Aye, and Commissioner Shurin voted Aye.

4) Following a motion by Commissioner Wasson-Hunt, with a second by Commissioner Garrett, the Board voted to approve the minutes of the closed session of the Board of Police Commissioners on August 15, 2017. The vote was 4-0 in favor. Following polling, Commissioner Wasson-Hunt voted Aye, Commissioner Rader voted Aye, and Commissioner Shurin voted Aye.

5) Following a motion by Commissioner Rader, with a second by Commissioner Shurin, the Board voted to come out of closed session and adjourn. The vote was 4-0 in favor. Following polling, Commissioner Wasson-Hunt voted Aye, Commissioner Rader voted Aye, Commissioner Garrett voted Aye, and Commissioner Shurin voted Aye.

The Board adjourned at 1:29 p.m.

____________________
President

_______________________
Secretary/Attorney

[1] Name redacted for privacy and confidentiality reasons.

 

Board of Police Commissioners Minutes