February 13, 2018, Meeting
MINUTES OF THE
BOARD OF POLICE COMMISSIONERS MEETING
TUESDAY, FEBRUARY 13, 2018
A meeting of the Board of Police Commissioners of Kansas City, Missouri was held on Tuesday, February 13, 2018, at KCPD Headquarters, Community Room, 1125 Locust Street, Kansas City.
PRESENT:
Commissioner Leland M. Shurin, President
Commissioner Nathan Garrett, Vice-President
Commissioner Don Wagner, Treasurer
Mayor Sylvester “Sly” James, Jr., Member
Mr. David V. Kenner, Secretary/Attorney
Richard C. Smith, Chief of Police
ABSENT:
Commissioner Mark Tolbert, Member
This meeting was called to order at 9:30 a.m. by Commissioner Shurin. Detective Alane Booth led the Pledge of Allegiance. Chaplain Stan Archie provided the invocation.
1. Awards and Commendations. The Certificate of Appreciation was presented to Mr. Blake Applebury for his outstanding assistance to Sergeant Scott Simons. On July 4, 2017, Sergeant Simons had spotted stolen auto suspects at the convenience store at Armour and Troost. While waiting for the backing officer to arrive on scene, one of the suspects walked out of the convenience store, right by Sergeant Simons. Sergeant Simons made contact with the suspect and tried arresting him. Sergeant Simons got one handcuff on the suspect, but then Sergeant Simons was knocked to the ground and unable to gain control of the suspect. Sergeant Simons lost sight of the second suspect, so he pressed his emergency button. Bystander Blake Applebury stepped in, grabbed the first suspect around his upper body and knocked him off balance. This allowed Sergeant Simons to get back on his feet, and he and Mr. Applebury were able to get the suspect on the ground. Sergeant Simons was then able to control the suspect and finish placing handcuffs on him. The second suspect appeared again and began running to the car to flee. A second officer arrived on scene, and placed the second suspect into custody without incident. Sergeant Simons stated, “There is no doubt in my mind that the assistance of this citizen was the turning point of a very volatile situation that could have ended badly.”
The Meritorious Service Award was presented to Sergeant Katharine Coots, Supervisor Michael Healy, and Detention Facility Officer (DFO) Natalie Cofield-Booker. When the Headquarters Detention Unit closed and detention operations were moved to patrol division stations, the Former Detention Unit commander asked for volunteers to write a new Detention Manual. Sergeant Coots, Supervisor Healy, and DFO Cofield-Booker of the Shoal Creek Patrol Division stepped up. In addition to their regular day-to-day duties, these members created a whole new set of policies and procedures, developed and tested numerous methods, received input and complaints from members from all watches, and incorporated changes to create viable solutions. These members developed and wrote the 50-page Detention Manual, including 21 appendices that detention officers can use as quick-reference guides with step-by-step instructions and flowcharts, for things like booking and bonding. These members also inspected and tested equipment at all division stations, identified the need for an additional booking computer, inventoried and ordered all supplies and created a workflow chart for prisoner booking. The Detention Manual was approved and is in use at every station.
The Meritorious Service Award was presented to Officer Michael Moats for his exemplary, continuous, and long-term professionalism to the Regional Police Academy and the Kansas City, Missouri Police Department. Officer Moats helped implement the Drivers’ Training Section more than a decade ago, and his long-term service means that more than 3,400 officers in the Kansas City area have benefited from his instruction. Officer Moats teaches new recruits, existing officers at in-service training and conducts remedial training for officers who are struggling. His goal is to insure the safety of all officers on the roads, no matter what conditions they face. Sergeant Tom Clark said, “Officer Moats is one of the Academy’s best driving instructors, communicating in a way that is easy to absorb. He has a strong work ethic, a positive attitude and is well organized.” Officer Moats also serves as an Acting Sergeant whenever needed.
The Life-Saving Award was presented to Probationary Police Officer Jared Tipton, and the Certificates of Commendation were presented to Sergeant Jonathan Rivers, Officer Luke Abouhalkah, Officer Joseph Jrolf, and Probationary Police Officer Janna Rumney. As the bars closed in the Westport Entertainment District around 2:45 a.m. on September 20, 2017, Sergeant Rivers and Officers Jrolf and Abouhalkah were attempting to clear large crowds of pedestrians off the streets, so that cars could get through. Probationary Officers Rumney and Tipton – then entrant officers who were just halfway through their training at the Academy – were observing. Officer Jrolf was standing at the intersection of Westport and Pennsylvania when gunshots rang out. He then saw a man pull out a handgun and fire shots into the crowd, striking two people. The suspect ran off with the gun still in hand. Officers Jrolf and Abouhalkah ran after the suspect for more than six blocks, finally apprehending him behind the Community Blood Center at 4040 Main. They took him into custody without further incident, and found the gun that was used in the shooting. Meanwhile, back in Westport, there were two shooting victims and a large, unruly crowd. Sergeant Rivers put an assist-the-officer call out, but for the time being, just he and the two entrant officers were on hand to deal with the crowd, which was growing in animosity. Despite their level of training and lack of safety equipment, the entrant officers began clearing the crowd away from the crime scene and victims. The large group was belligerent, uncooperative and continually shouted profanities at them. Amid the chaos, Officer Tipton moved in to help the most seriously injured victim. He put on latex gloves and then put his finger in the open bullet wound on the victim’s back. He used his other hand to apply pressure to staunch the bleeding. He remained with the victim, talking to him and reassuring him, until paramedics arrived. The victim survived in large part because of Officer Tipton’s actions. Sergeant Rivers stated that the then-entrant officers displayed great calm and helped stabilize the situation. Probationary Police Officers Rumney and Tipton graduated from the Academy last month.
The Board took a recess at 9:45 a.m., and resumed at 9:55 a.m.
2. Chief Richard C. Smith. Chief Richard Smith advised that the IRS is offering free tax services at division stations for people with an adjusted gross income of $54,000 or less. Chief Smith spoke about the Youth and Police Initiative in Boston; a program that builds relationships between at-risk youth and local police officers. A generous monetary donation was made to the Department to bring this Initiative to Kansas City.
3. Board Resolution 18-04. Board Resolution 18-04: Deferred Compensation Committee Appointment was presented to modify Board Resolution 17-01. Captain Cindy Cotterman was appointed to the Deferred Compensation Committee, and will complete the remainder of Captain Christopher Sicoli’s three-year term.
A motion was made by Mayor James, with a second by Commissioner Wagner, to approve Board Resolution 18-04 as presented. The vote was 4-0 in favor.
4. Councilperson Alissia Canady. Councilperson Canady advised that numerous public hearings will be held for the City’s budget cycle. The first public hearing will be held on Saturday, February 17, 2018. Many community members show interest in the City’s budget for public safety. Councilperson Canady and Mayor James spoke about the Department’s financial efficiency and the need to prioritize. Councilperson Canady encouraged additional discussion regarding the Department’s budget plan. The last budget meeting will take place at Police Headquarters on March 8, 2018.
5. Approval of minutes. A motion was made by Commissioner Garrett, with a second by Commissioner Wagner, to approve the minutes of the special meeting with the Kansas City Metropolitan Crime Commission on January 22, 2018 and the open meeting on January 23, 2018. The vote was 4-0 in favor.
6. Fraternal Order of Police Lodge 99. Sergeant Brad Lemon thanked the City Councilmembers for their attendance at the 2018 FOP Police Officers Ball. There were 700 attendees at the Ball. Sergeant Lemon advised that Connecting KC will meet this evening at Wendell Phillips School. At the meeting, Connecting KC will be discussing conflict/resolution and leadership programs. Sergeant Lemon advised that the 2nd Annual Bowling Bash is scheduled for April 21, 2018. Sergeant Lemon spoke about Missouri House Bill 1411, which includes peer counseling for police officers. The Bill passed in the House last week, 149 to 1, and was sent on to the Senate.
7. Executive Services Bureau. Major Wayne Stewart spoke for Deputy Chief Roger Lewis in his absence. Major Stewart presented the following items for Board approval:
a. Budget Transfers for Fiscal Year 2017-18. A memorandum dated February 2, 2018, was presented to recommend approval of budget transfers. This budget transfer will affect the General Fund, the Police Drug Enforcement Fund, and the Police Grants Fund.
A motion was made by Commissioner Garrett, with a second by Commissioner Wagner, to approve the budget transfers as presented. The vote was 4-0 in favor.
b. Supplemental Appropriations for Fiscal Year 2017-18. A memorandum dated February 2, 2018, and City Ordinance 180061 was presented to the Board, to recommend acceptance of the supplemental appropriation of $145,000 from the City, for Parking Control operations, and authorize increases to the revenue and appropriation accounts.
A motion was made by Commissioner Garrett, with a second by Commissioner Wagner, to approve the supplemental appropriation as presented. The vote was 4-0 in favor.
8. Professional Development and Research Bureau. Deputy Chief Bob Kuehl presented the Academy Class Summary for February 2018. He advised that the 162nd Entrant Officer Class will graduate on May 17, 2018. A new Academy class is expected to begin on February 20, 2018.
Deputy Chief Kuehl requested Board approval for the following consent agenda items:
a. Project #947: Department Property
b. Project #1034: Separation, Compensation, and Clearance Procedures
c. Project #1063: Line of Duty Death and Disability
A motion was made by Commissioner Shurin, with a second by Commissioner Garrett, to approve the consent agenda items as presented. The vote was 4-0 in favor.
In response to a question from Commissioner Garrett, Deputy Chief Oakman advised that due to increased employment efforts, there have been an increase of stronger applicants. There are still areas of improvement in the Department’s recruiting efforts, such as minority recruitment.
9. Investigations Bureau. Deputy Chief David Bosworth presented the Board with the Investigations Bureau reports for January 2018. Deputy Chief Bosworth advised that to-date in 2018, there have been 11 homicides, compared to 16 at this time last year. To-date in 2018, there has been 24 drive-by shootings, compared to 38 at this time last year. Deputy Chief Bosworth stated that changes are being implemented within the Investigations Bureau to assist in solving the violent crimes throughout the City more efficiently. Commissioner Wagner noted that there was an increase in cocaine and marijuana seized in the City over the past month. Deputy Chief Bosworth explained that the seizure of marijuana continues to increase across the nation.
10. Administration Bureau. Deputy Chief Karl Oakman presented the Regional Criminalistics Division monthly statistics for February 2018. Regional Criminalistics Division Director Linda Netzel explained the added statistics and changes made to the Crime Lab Report. In response to a question, Director Netzel explained that throughout the years, the Crime Lab has served approximately 210 agencies. Agencies such as Blue Springs PD, Raytown PD, and Lees Summit PD frequently use the Crime Lab. Director Netzel advised that a fee for service is charged to all departments using the Lab’s service. The Crime Lab accepts requests from any police department wishing to use their services.
Deputy Chief Oakman advised that the Department has been recycling its’ computer equipment for the last 10 years. This equipment is donated to the City to help close the gap in the digital divide. The Department donates approximately 100 pieces of computer equipment to the City each year, totaling 1,000 pieces donated over the last 10 years.
11. Patrol Bureau. Deputy Chief Sharon Laningham advised there are currently 22 probationary officers completing their “break-in” training with field training officers. The class of 11 lateral officers from Raytown PD has started working in two-person crews. These officers should be completed with break-in training by March 25, 2018.
Deputy Chief Laningham presented the Monthly Crime and Offense Summary dated December 2017. She advised that Part One Violent Crimes and Part One Property Crimes are decreasing. The median response time for Priority 10 calls was 7.47 minutes for this time-period, with a goal of 7.50 minutes. The median response time for Priority 20 calls was 9.77 minutes, with a goal of 9.00 minutes. Deputy Chief Kuehl explained that the response time goals were put in to place many years ago and are based off of geography and staffing.
Deputy Chief Laningham presented the Traffic Summary for the month of January 2018. She advised that to-date in 2018, there have been five fatalities, compared to nine at this time last year. Two of the 2018 fatalities were pedestrians struck by vehicles. She advised that the Department is working on a public service announcement, distributed by the media, to raise awareness about the increase of fatalities across the City. In response to a question, Deputy Chief Laningham stated that the Department continues to use Wolf Pack methods to stop drunk drivers.
Deputy Chief Laningham presented the January 2018 Executive Summary. Deputy Chief Laningham shared a note submitted to the Chief’s Mailbag, thanking Officer Steven Buckner assistance and empathy towards a domestic violence victim. The victim stated that Officer Buckner saved her life.
12. Office of General Counsel. Acting General Counsel Jamie Cook stated she had nothing for discussion at this time.
13. Human Resources. Director Meredith Rund presented the Personnel Summary dated February 2, 2018. For this time period, Department strength is 1,295 law enforcement and 524 civilians.
14. Private Officer Licensing. Major Louis Perez, Homeland Security Division, presented a memorandum dated February 2, 2018, regarding the licensing and appeals of private security officers. The memorandum explained several possibilities for consideration regarding the appeals process. Manager Tamy Gallagher advised that in the past six months, 286 people have been denied an armed or unarmed private security license, had a license revoked, or been placed on suspension. Of those 286 people, approximately six of them have appealed the decision. The Board will review the considerations listed in the memorandum and discuss at a later date.
15. Office of Community Complaints. Director Merrell Bennekin stated he had nothing for discussion at this time.
16. Audit Committee. Commissioner Wagner stated that audits of the Sex Crimes Unit and the Property and Evidence Unit were conducted. The audits proved both units to be clear.
17. Scheduled meetings.
The Board of Police Commissioners of Kansas City, Missouri has scheduled the following meetings:
Special Meeting:
April 24, 2018, 8:30 a.m., at KCPD Headquarters Community Room, 1125 Locust, Kansas City. This is an open meeting being held to discuss budgetary items via telephone conference.
Audit Committee Meeting:
June 22, 2018, 2:00 p.m., at Levy Craig Law Firm, 4520 Main Street, Suite 1600, Kansas City.
Regular Meetings:
March 20, 2018, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
April 10, 2018, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
May 8, 2018, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
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 Wagner, with a second by Mayor James, and by vote indicated below, to adjourn its open meeting at 10:55 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, February 13, 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 Don Wagner – Aye
Commissioner Nathan Garrett – Aye
Commissioner Leland M. Shurin – 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 February 13, 2018:
Commissioner Tolbert had an excused absence from the meeting.
1) Following a motion by Mayor James, with a second by Commissioner Garrett, the Board voted to approve the application for continued employment of Master Police Officer Ann Malnar. The vote was 4-0 in favor. Following polling, Mayor James voted aye, Commissioner Garrett voted aye, Commissioner Shurin voted aye, and Commissioner Wagner voted aye.
2) Following a motion by Mayor James, with a second by Commissioner Shurin, the Board voted to approve the minutes of the closed session of the Board of Police Commissioners on January 23, 2018. The vote was 4-0 in favor. Following polling, Mayor James voted aye, Commissioner Garrett voted aye, Commissioner Shurin voted aye, and Commissioner Wagner voted aye.
3) Following a motion by Commissioner Shurin, with a second by Commissioner Wagner, the Board voted to go into special closed session at 11:59 a.m. The vote was 4-0 in favor. Following polling, Mayor James voted aye, Commissioner Garrett voted aye, Commissioner Shurin voted aye, and Commissioner Wagner voted aye.
4) Following a motion by Mayor James, with a second by Commissioner Wagner, the Board voted to come out of closed session at 12:12 p.m. The vote was 4-0 in favor. Following polling, Mayor James voted aye, Commissioner Garrett voted aye, Commissioner Shurin voted aye, and Commissioner Wagner voted aye.
The Board reconvened in open session at 12:19 p.m.
A motion was made by Mayor James, with a second by Commissioner Garrett, to approve Board Resolution 18-05: Residency. This Resolution rescinds Board Resolution 82-2, 84-1, 85-2, and 87-1, and refers to Personnel Policy 205. Resolution 18-05 was voted on “for cause” to eliminate any ambiguity in the Board’s various resolutions. The vote was 4-0 in favor.
5) Following a motion by Mayor James, with a second by Commissioner Garrett, the Board voted to go back into closed session at 12:22 p.m. The vote was 4-0 in favor. Following polling, Mayor James voted aye, Commissioner Garrett voted aye, Commissioner Shurin voted aye, and Commissioner Wagner voted aye.
6) Following a motion by Mayor James, with a second by Commissioner Garrett, the Board voted to come out of closed session and adjourn. The vote was 4-0 in favor. Following polling, Mayor James voted aye, Commissioner Garrett voted aye, Commissioner Shurin voted aye, and Commissioner Wagner voted aye.
The meeting adjourned at 1:12 p.m.
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Secretary/Attorney
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President
Board of Police Commissioners Minutes