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March 19, 2024 Meeting

Publish Date 03/19/2024

MINUTES OF THE

BOARD OF POLICE COMMISSIONERS

TUESDAY, MARCH 19, 2024

 

 

A meeting of the Board of Police Commissioners of Kansas City, Missouri was held on Tuesday, March 19, 2024, in the Community Room at Police Headquarters, 1125 Locust Street, Kansas City.

PRESENT:

Commissioner Cathy Dean, President

Commissioner Dawn Cramer, Vice President

Commissioner Tom Whittaker, Treasurer

Mr. David Kenner, Secretary/Attorney

Stacey Graves, Chief of Police

ABSENT:

Mayor Quinton Lucas, Member

 

This meeting was called to order at 9:30 a.m. by Commissioner Dean.  Officer Nicholaus Simons led the Pledge of Allegiance.  Chaplain Charles Oliver provided the invocation.  Mayor Lucas was absent for the open session meeting, but attended a portion of the closed session meeting. 

  1. Board Resolution 24-04. Board Resolution 24-04, James M. Muhlbauer and K-9 Champ Training Field, was presented to Cassie Muhlbauer, the wife of Fallen Officer James Muhlbauer. 
  2. General Discussion from the Chief of Police. Chief Stacey Graves spoke about the release of the Department’s Crime Plan that was released last week.  The three primary strategies that comprise the plan are Data-Informed Community Engagement (DICE), Data-Driven Deployment, and Focused Deterrence.  These strategies are aimed to reduce and prevent crime while building trust and relationships with the community.  These efforts started in 2023. 

Chief Graves advised the goals of the crime plan are sustained reductions in violent crime and property crime by a minimum of ten percent, sustained increases in citizen satisfaction by a minimum of ten percent, and improve police legitimacy and build relationships and trust with community members, business owners, and local government institutions.  The goals will be measured by data totals, crime rates, and a variety of surveys. 

Chief Graves spoke about the KC Public Safety Forum that held over the past weekend.  The organizers of this symposium were Mayor Pro Team Rayna Parks-Shaw, Willie Barney from The Empowerment Network, KC Common Good, and multiple other key stakeholders.  Through the efforts of all stakeholders, there is a collective City-wide approach to reduce and prevent violent crime and property crime.    

Commissioner Dean stated that Mayor Pro Team Parks-Shaw has been a great ally for the Department and the violence reduction strategies.

  1. City Council Presentation. Councilman Crispin Rea, 4th District-at-Large, presented on behalf of the City Council.  Commissioner Rea spoke about a proposed ordinance that will be coming in front of City Council in the near future for an alternative response model (diversion) for certain situations, such as homelessness and mental health issues.  The goal for this ordinance is to reduce the burden for officers responding to these calls, so that they have more time to respond to other calls for service. 

            Commissioner Rea advised that a preliminary report and presentation for the detention and rehabilitation center occurred approximately two weeks ago.  The committee received an updated number for bed space needs.  Councilman Rea advised that study recommended 128 beds, but the committee has asked them to consider a number of additional scenarios, such as increased staffing of the Department.  An updated report is expected to be presented to the committee next week.  In response to a question from Commissioner Whittaker, Councilman Rea advised that next steps will be policy and political discussions to identify financing and a facility location. 

            Chief Graves advised that the she believes the bed number proposal is too low from a public safety standpoint.  She will stay engaged with the committee to come to a more reasonable number of bed spaces. 

Commissioner Dean spoke about conversations regarding re-opening the Headquarters 8th floor jail.  Chief Graves advised that the 8th floor jail would not be a long-term detention facility, but rather a holding facility.  It would allow Department members to book arrests separate from a detention center, freeing up necessary bed spaces.  Additionally, it allows detectives to interview arrests during the 24-hour hold window at a central location since their offices are at Headquarters.  Councilman Rea advised that if the 8th floor jail was open for arrest intake, it would not be necessary to build an intake area in the new detention and rehabilitation facility.

In response to a question from Commissioner Cramer, Chief Graves spoke about the need for offenders to face consequence for their actions.  Additionally, Chief Graves spoke about changes to bond requirements.  She believes certain offenses should be bondable, such as careless driving.

  1. Investigations Bureau. Deputy Chief Doug Niemeier provided an update on crime statistics.  He advised that to-date 2024, there have been a total of 27 homicides from 23 incidents, compared to 35 homicides during the same time period in 2023.  The Department has cleared nine homicides this year, plus an additional five homicides from previous years, totaling 14 solved homicides.  Additionally, 15 homicide cases are pending prosecutor review. 

Deputy Chief Niemeier advised that there were 14 homicides that occurred in February 2024.  He advised that of those 14 homicides in February, four were due to arguments, one was due to child abuse, one was due to carelessness, one was due to a robbery, one was classified as self-defense, and the causes of six others remains unknown.  Twelve of those 14 homicides involved firearms, one involved a knife, and was one was classified as other. 

Deputy Chief Niemeier advised there have been 132 non-fatal shootings to-date in 2024, compared to 93 at this same time period in 2023.  Major factors in the increase of non-fatal shootings year-to-date is due to the mass shooting that occurred following the Chiefs Super Bowl Victory Parade and Rally, the shooting at Crown Center, and multiple other shootings that resulted in multiple victims being shot.  Chief Graves commended the medical personnel for their rapid response in triaging the shooting victims at the parade and rally.  They saved multiple lives with their quick action. 

            Deputy Chief Niemeier spoke about cases submitted for prosecution.  In February 2024, there were 274 cases submitted for prosecution; there were 225 cases submitted to Jackson County, 34 to Clay County, and 15 to Platte County.  

            Deputy Chief Niemeier advised that detectives within the Special Investigations Division recovered 161.5 pounds of methamphetamine at a residence last month.  Additionally, detectives had another interdiction that resulted in recovery of 2,650 fentanyl pills and arrest of a suspect. 

  1. Patrol Bureau. Commissioner Dean commended Deputy Chief Joseph Mabin and patrol members on the success of the Saint Patrick’s Day parade this past weekend.  There were no major arrests or incidents at the parade.

     Deputy Chief Mabin spoke of the notable events within the Patrol Bureau in February 2024.  Deputy Chief Mabin presented monthly statistics for the Patrol Bureau.  He advised that the median response time for Priority 10 calls (also known as Priority 1) for the month of February was 8 minutes and 1 second; the Department’s Priority 10 response time goal is 7.50 minutes.  The Priority 20 (also known as Priority 2) response time for the month of February was 10 minutes 19 seconds; the Department’s Priority 20 response time goal is 9.00 minutes.  The response time is the amount of time from when the call is created until an officer arrives on scene.  Deputy Chief Mabin advised that the 911 hold time for the month of February was 25 seconds. 

Deputy Chief Mabin advised that to-date 2024, there have been 17 fatality crashes with 20 victims.  During the same time period in 2023, there were eight fatality crashes with ten victims.  Officers continue to see excess speeds, impairment, and failure to wear seatbelts as a major factor in fatality accidents.  A majority of victims were in, or hit by, vehicles going 100+ mph.  Deputy Chief Mabin advised that traffic officers conducted increased enforcement activities over the past month, in an effort to reduce excessive speeds.  In February, officers issued 1,653 speeding tickets, compared to 589 in January.  Commissioner Whittaker noted the significant increase in speeding tickets.  Deputy Chief Mabin advised that this is partly due to the increased efforts, but also stated that January was bitterly cold, so that could have impacted the numbers. 

Deputy Chief Mabin advised that members of the Traffic Division held seven DUI wolfpack enforcement activities in February, which resulted in 64 stops, 17 DUI arrests, and 69 total citations issued.  There were 83 total DUI arrests Department-wide in February. 

Sergeant Andrew Gore provided information on the Community Engagement Division’s (CED) youth outreach programs.  The Department’s Youth Services Unit falls within the CED and consists of D.A.R.E. and G.R.E.A.T. officers, the Police Athletic League (PAL), and school resource officers.  In 2023, D.A.R.E. and G.R.E.A.T. was taught in 42 different schools, reaching 4,549 students.  PAL attendance for the year totaled approximately 13,000 students.  Between 2020 and 2023, the PAL program saw a 260 percent increase in youth attendance. 

Sergeant Gore advised through community meetings, risk for retaliation assessments, social services, youth services, and other resources, officers and social workers are able to create a reactionary gap to crimes and other crises.  Members of CED meet with schools in regard to youth behavior and violence.  Additionally, the Department’s social workers respond to all shootings/homicides to provide services to the needs of victims’ families and friends and to complete risk for retaliation intervention strategies.

Sergeant Gore advised that the Juvenile Assessment Center offers a centralized location that provides prevention and diversion to youth in crisis.  This program also provides services to address juvenile delinquency, youth facing mental health challenges, trauma, substance abuse, curfew violations, and family dysfunction.  KCPD social workers utilize this resource to provide early intervention referrals and long-term case management, to include therapy and in home services.

  1. Administration Bureau. Deputy Chief Luis Ortiz provided an update on Department staffing.  He advised that as of February 29, 2024, Department strength was 1,638.  For this time period, there were 1,099 sworn law enforcement personnel, 24 recruits, 510 professional staff, and four Board members; there were 233 total vacancies.

Deputy Chief Ortiz advised that the 181st Entrant Officer Class (EOC) began training yesterday.  There are 24 KCPD recruits in that class.  Additionally, there are 14 pending offers for the 182nd EOC.  The Department has hired nine lateral officers this year. 

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

The Department will hold law enforcement testing on March 20, 2024, April 27, 2024, May 23, 2024, and June 27, 2024, at the Regional Police Academy.  The Department continues to hire for all positions.  More information can be found at https://www.kcpd.org/careers/. 

  1. Executive Services Bureau.   Deputy Chief Derek McCollum presented the following items for Board approval:
  2. Budget Transfers for Fiscal Year 2023-24.  A memorandum dated March 7, 2024, was presented recommending approval of budget transfers.  This transfer will affect the General Fund, the Public Safety Sales Tax Fund, the Police Grants Fund, and the Grants Special Revenue Fund.     

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

  1. Supplemental Appropriations for Fiscal Year 2023-24.  A memorandum dated March 5, 2024, was presented to recommend acceptance of City Ordinance 230976 and authorize increases in the amount of $275,000 from the Grant Revenue Fund to the Personal Services – Salaries account and Commodities – Minor Equipment account.  This two-year grant funding hires and provides supplies for a data analyst to the Assault Squad to increase clearance rates.

            A motion was made by Commissioner Cramer, with a second by Commissioner Whittaker, to accept City Ordinance 230976 and authorize the appropriations in the amount of $275,000, as presented.  The vote was 3-0 in favor.

  1. Adjustment to Special Revenue Accounts for Fiscal Year 2023-24. A memorandum dated March 12, 2024, was presented to recommend approval of an adjustment in the amount of $414,357 from the JACO 911 Tax Revenue account to the Communications Unit – Software Maintenance account and the Communications – Minor Equipment account, to provide Computer Aided Dispatch (CAD) workstations and auto-attendant to be used in the Communications Unit.   

            A motion was made by Commissioner Cramer, with a second by Commissioner Whittaker, to approve the adjustment to special revenue accounts in the amount of $414,357, as presented.  The vote was 3-0 in favor.

  1. Adjustment to Special Revenue Accounts for Fiscal Year 2023-24. A memorandum dated March 8, 2024, was presented to recommend approval of increase in the amount of $1,528 to the DARE and JACO Drug Tax Unit Fund, to charge radio materials for DARE Vehicles. 

            A motion was made by Commissioner Cramer, with a second by Commissioner Whittaker, to approve the adjustment to special revenue accounts in the amount of $1,528, as presented.  The vote was 3-0 in favor.

  1. Adjustment to Special Revenue Accounts for Fiscal Year 2023-24.  A memorandum dated March 8, 2024, was presented to recommend approval of an adjustment in the amount of $8,000 within the Special Services Fund, for purchases related to retirements and items given out by the Chief’s Office and Media Unit. 

            A motion was made by Commissioner Cramer, with a second by Commissioner Whittaker, to approve the adjustment to special revenue accounts in the amount of $8,000, as presented.  The vote was 3-0 in favor.

  1. Ammunition/Munitions. A memorandum dated March 6, 2024, was presented to recommend approval to split the award of Bid No. 2024-07, Ammunition/Munitions, between Gulf States Distributors and Sunset Law Enforcement, at an anticipated expenditure of $969,527.50.  The award period is May 1, 2024 through April 30, 2025, with an option to renew for three additional one-year periods.  Ammunition and munitions are experiencing volatile pricing worldwide due to the pandemic and the increased demand by public safety.  This bid award was split due to the availability of products and pricing.

            A motion was made by Commissioner Cramer, with a second by Commissioner Whittaker, to approve the purchase of ammunition/munitions from Gulf States Distributors and Sunset Law Enforcement, at an anticipated expenditure of $969,527.50.  The vote was 3-0 in favor.

  1. Computer Aided Dispatch (CAD). A memorandum dated March 11, 2024, was presented to recommend approval to purchase the CAD replacement from Dell Marketing LP, at a total cost of $336,650.49, utilizing the Dell Midwestern Higher Education Compact (MHEC) contract.  This purchase is funded by Jackson County 911 funds.   

            A motion was made by Commissioner Cramer, with a second by Commissioner Whittaker, to approve the purchase of the Computer Aided Dispatch replacement from Dell Marketing LP, at a total cost of $336,650.49.  The vote was 3-0 in favor. 

  1. Chief’s Executive Officer. Deputy Chief Steve Young presented the following consent agenda item for Board consideration:
  2. Project #1469: Military Leave

            A motion was made by Commissioner Whittaker, with a second by Commissioner Cramer, to approve Project #1469, Military Leave, as presented.  The vote was 3-0 in favor.

            Mr. Kenner asked how many members are on military leave at any given time.  Deputy Chief Young was unsure, but believes there are currently a handful of members currently on military leave.  He will confirm with Human Resources. 

  1. Office of the General Counsel. General Counsel Nathan Weinert presented the following item for Board consideration:
  2. Private Officer License Appeal of Quinton M. Tucker. A memorandum dated March 8, 2024, was presented to recommend the revocation of the unarmed private security license of Quinton M. Tucker.  The basis for the denial is outlined Title 17 of the Code of State Regulations Section 10-2.060 (8), which stipulates in part, that the chief of police, or his/her designee may impose a fine, order probation, order a suspension, or revoke a license granted under Section 84.720 of the Revised Statutes of Missouri if the licensee has “failed to be of good moral character by having a felony conviction, misdemeanor conviction, or city ordinance conviction, an essential element of which is fraud, dishonesty, or an act of violence.”  Additionally, Title 17 of the Code of State Regulations Section 10-2.060 (10) stipulates in part, that the chief of police, or his/her designee may impose a fine, order probation, order a suspension, or revoke a license granted under Section 84.720 of the Revised Statutes of Missouri if the licensee
    “provided other facts or actions which demonstrate that the applicant is unsuitable or ineligible for license.” On February 5, 2024, Mr. Tucker was charged with threat of a firearm and domestic assault from actions reported in KCPD case report KC24007258. 

            A motion was made by Commissioner Whittaker, with a second by Commissioner Cramer, to uphold the Private Officer Licensing Unit’s revocation of Quinton M. Tucker’s unarmed private security license, pending the outcome of Mr. Tucker’s trial.  The vote was 3-0 in favor.   

  1. Office of Community Complaints. Director Merrell Bennekin advised that the 2023 Annual Report will be presented at next month’s meeting.  Director Bennekin thanked Chief Graves and Deputy Chief Mabin for the opportunity for members of the OCC to attend roll calls to provide information on complaint conciliation and mediation.    
  2. Public Comments. Sheryl Ferguson commended the work of Chief Graves.  Ms. Ferguson recommended changes to the Collective Bargaining Agreements with the Fraternal Order of Police regarding officer statements, reporting, and the 48-hour rule. 

Ron Hunt commended the Department’s efforts to build relationships with the youth.  He thanked Sergeant Naomi “Susie” Fabian on her work at the PAL Center.  Mr. Hunt believes the Department’s hiring process takes too long and is concerned that applicants will go elsewhere while waiting.  He requested the Department look at ways to improve this problem. 

Kimberly Kimbrough commended the Department’s Crisis Intervention Team.  Ms. Kimbrough believes her complaints were previously dismissed, but she would like to recommend changes to the Communications Unit’s procedures when dispatching an officer on a call for service.  She believes it would be helpful for a member of the Communications Unit to let the caller know when an officer is on the way.  

  1. Approval of Minutes. A motion was made by Commissioner Whittaker, with a second by Commissioner Cramer, to approve the open session minutes from the Board meeting on February 20, 2024.  The vote was 3-0 in favor.
  2. Commissioner Tom Whittaker. Commissioner Whittaker thanked Chief Graves for the Crime Plan.  He believes it clearly identifies the Department’s three key strategies: 1) Data-Informed Community Engagement (DICE), 2) Data-Driven Deployment, and 3) Focused Deterrence.
  3. Commissioner Dawn Cramer. Commissioner Cramer echoed Commissioner Whittaker’s comments about the Department’s Crime Plan.  Commissioner Cramer commended the Property Crimes Unit on the recovery of a stolen motorcycle.  She believes tips online helped detectives locate the motorcycle.  She encouraged members of the public to be involved with the Department and provide tips when available.   
  4. Scheduled meetings. The Board of Police Commissioners of Kansas City, Missouri has scheduled the following meetings:

 

Special Meeting:

 

Monday, April 8, 2024

11:30 a.m., at Grand Street Cafe, 4740 Grand Avenue, Kansas City.

This is a luncheon being held with current and former Commissioners, Mayors, and Chiefs of Police.

 

Audit Committee Meeting:

 

June 24,2024, 9:00 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

Regular Meetings:

 

April 23, 2024, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

May 28, 2024, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

A motion was made by Commissioner Whittaker, with a second by Commissioner Cramer, and by vote indicated below, to go into closed session at 11:00 a.m., as provided in the following resolution.  Following a roll call, the vote was 3-0 in favor. 

 

RESOLUTION

 

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

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

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

NOW, THEREFORE, BE IT RESOLVED, that the Board of Police Commissioners go into closed session during the meeting being held on Tuesday, March 19, 2024, at KCPD Headquarters, 1125 Locust Street, Kansas City, for the purpose of discussing personnel matters, labor negotiations, and litigation matters.

The following Commissioners were present and voted to go into closed session as follows:

Commissioner Tom Whittaker                                    -           Aye

Commissioner Dawn Cramer                                     -           Aye

Commissioner Cathy Dean                                         -           Aye

            There being a quorum present and the question of holding a closed session having received an affirmative public vote of at least three (3) members, a closed meeting was held as set forth above.

Below are the votes from the closed session of the Board of Police Commissioners meeting on Tuesday, March 19, 2024:

The Board went into closed session at 11:00 a.m.  Mayor Lucas joined the meeting shortly after the Board went into closed session. 

1)         Following a motion by Mayor Lucas, and a second by Commissioner Whittaker, the Board voted to approve the applications for continued employment of Police Officer William Randall and Police Officer Benjamin Dougherty.  The vote was 4-0 in favor.  Following polling, Commissioner Dean voted Aye, Commissioner Cramer voted Aye, Commissioner Whittaker voted Aye, and Mayor Lucas voted Aye. 

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

3)          Following a motion by Mayor Lucas, and a second by Commissioner Cramer, the Board voted to approve the minutes of the litigation committee meeting on February 19, 2024.  The vote was 4-0 in favor.  Following polling, Commissioner Dean voted Aye, Commissioner Cramer voted Aye, Commissioner Whittaker voted Aye, and Mayor Lucas voted Aye. 

4)         Following a motion by Mayor Lucas, and a second by Commissioner Cramer, the Board voted to approve the minutes of the closed Board meeting on February 20, 2024.  The vote was 4-0 in favor.  Following polling, Commissioner Dean voted Aye, Commissioner Cramer voted Aye, Commissioner Whittaker voted Aye, and Mayor Lucas voted Aye. 

            Mayor Lucas left the meeting.

5)         Following a motion by Commissioner Whittaker, and a second by Commissioner Cramer, the Board voted to hire the law firm of Spencer Fane to defend the case styled, Barbara Johnson, et al., v. Governor Michael Parson, et al.  The vote was 3-0 in favor.  Following polling, Commissioner Dean voted Aye, Commissioner Cramer voted Aye, and Commissioner Whittaker voted Aye. 

6)         Following a motion by Commissioner Dean, and a second by Commissioner Whittaker, the Board voted appoint a special litigation committee composed of Commissioners Whittaker and Cramer for the case styled, Barbara Johnson, et al., v. Governor Michael Parson, et al.  The vote was 3-0 in favor.  Following polling, Commissioner Dean voted Aye, Commissioner Cramer voted Aye, and Commissioner Whittaker voted Aye. 

7)         Following a motion by Commissioner Dean, and a second by Commissioner Cramer, the Board voted appoint a special litigation committee composed of Commissioners Whittaker and Cramer for the cases styled, Kevin Strickland v. BOPC, et al., and Ricky Kidd v. BOPC, et al.  The vote was 3-0 in favor.  Following polling, Commissioner Dean voted Aye, Commissioner Cramer voted Aye, and Commissioner Whittaker voted Aye. 

8)         Following a motion by Commissioner Whittaker, and a second by Commissioner Cramer, the Board voted to come out of closed session and adjourn at 1:17 p.m.  The vote was 3-0 in favor.  Following polling, Commissioner Dean voted Aye, Commissioner Cramer voted Aye, and Commissioner Whittaker voted Aye.

            The Board adjourned at 1:17 p.m.

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