October 9, 2018, Meeting

MINUTES OF THE
BOARD OF POLICE COMMISSIONERS MEETING
TUESDAY, OCTOBER 9, 2018

A meeting of the Board of Police Commissioners of Kansas City, Missouri was held on Tuesday, October 9, 2018, at KCPD Headquarters, Community Room, 1125 Locust Street, Kansas City.

PRESENT:
Commissioner Nathan Garrett, President
Commissioner Leland M. Shurin, Vice-President
Commissioner Don Wagner, Treasurer
Commissioner Mark Tolbert, Member
Mayor Sylvester “Sly” James, Jr., Member
Mr. David V. Kenner, Secretary/Attorney

ABSENT:
Richard C. Smith, Chief of Police

This meeting was called to order at 9:38 a.m. by Commissioner Garrett. Police Officer Sarah Olsen led the Pledge of Allegiance. Chaplain Richard Rocha provided the invocation.

1. Awards and Commendations. The Certificate of Appreciation was presented to Darrell Jones. On April 12, 2018, officers were dispatched to a shooting call in the 5000 block of Cleveland Avenue. Upon their arrival, officers followed a trail of blood to an apartment and discovered Darrell Jones with shooting victim Daleron Davis.

According to Jones, once the shooting began at the park adjacent to his home, he started to run toward the safety of his apartment. He decided to turn back around and risk his own life to rescue his friend Daleron who had just been shot. Jones grabbed Davis, draped his arm over his shoulders, lifted him up by his torso and dragged him inside. He first carried him up two flights of stairs and realized it may be quicker to utilize the elevator. Once they reached the 4^th floor, Jones was able to drag Davis down the hallway to his apartment. With the shooter possibly still in the vicinity, Jones locked the door, instructed his sister to call 911 and proceeded to apply pressure to his friend’s wounds to stop the bleeding.

When officers entered the apartment, they observed Jones kneeling beside his friend, using a rag to apply pressure to both the entrance and exit wounds. It appeared the bleeding had stopped.

In addition to his courageous efforts, willingness to assist his wounded friend, and sound decision making, Darrell Jones was able to supply vital and accurate suspect information to responding officers.

The Certificate of Appreciation was presented to Retired Officer Dewey Ellis, and a Ceremonial Baton was presented to Retired Officer Ellis and his wife Shirley Ellis. Prior to leaving KCPD, Retired Officer Ellis was known for his woodworking skills, providing handmade wooden gifts to Department members and the East Patrol community.

Retired Officer Ellis is known for creating the special walnut ceremonial batons that each Department member receives upon their retirement, which are also presented by the Chief of Police for special accomplishments. The batons are created in Retired Officer Ellis’ workshop, where he has crafted hundreds of them over the past ten years. His wife, Shirley, is instrumental in ensuring a quality end product.

In addition to the batons, Ellis has utilized his skills to craft over 60 memorial benches that are placed along the Trail of Heroes at the Police Academy. Retired Officer Ellis accepts only minimal compensation for his craftsmanship and delivers both the benches and batons to KCPD free of charge. Retired Officer Ellis continues to represent the Department with pride and selflessness. He is a second generation KCPD member, and remains an asset to the Department and community.

The Life-Saving Award was presented to Sergeant Jonathan Rivers and Officers Daniel Dartlett, Louis Curtis, Seth Faris and Eric Joy. Officer Faris was dispatched to a call on April 16, 2018, shortly after 10:00 p.m. While en route, a driver flagged him down at the intersection of Truman and Hardesty. He discovered that both the driver and the front seat passenger had been shot.

Officer Faris notified dispatch of his location and requested additional units. He then noticed that the passenger had no pulse and was apneic. Officer Faris removed the victim from the vehicle and immediately began life-saving CPR.

Sergeant Rivers and Officers Bartlett, Joy and Curtis arrived on scene. They made contact with the driver, who was barely conscious and bleeding profusely from his gunshot wounds.   Working together, they immediately staunched the bleeding and applied a tourniquet to the victim’s leg, while Officer Faris continued to perform CPR on the passenger. They sustained these life-saving efforts until relieved by EMS.

The actions of responding officers directly saved the life of a critically injured gunshot victim. Officer Faris performed heroically in his attempts to save the life of the passenger, while kneeling in the middle of a busy intersection with traffic driving by and bystanders filming him. His actions and poise demonstrated during this situation were truly noteworthy and usually exhibited by more senior officers.

The Life-Saving Award was presented to Captain Paul Luster. On May 6, 2018, officers were dispatched to I-70 and Prospect, in connection with an emotionally disturbed female attempting to jump off the side of a bridge onto the interstate. Dispatch notified officers that the woman was hanging off the bridge on the other side of the fence. Captain Luster heard the call and happened to be driving by at that time. He notified dispatchers of his location and responded to the scene.

Upon arrival, Captain Luster observed a female straddling the top of the six-foot, chain link fence, clinging for her life. Opposite of the fence is a significant drop onto I-70. Captain Luster immediately exited his vehicle, grabbed onto her and pulled her down before she could jump. His actions saved her life, as well as unsuspecting motorists on the highway below. Emergency medical personnel then arrived and transported the woman for treatment.

The Meritorious Service Award was presented to Detective Robert Murphy. Detective Murphy joined KCPD on January 23, 1995, and was appointed to the rank of police officer on July 7, 1995. He started break-in at Metro Patrol, and worked for several years as a Metro CAT/CAN officer with brief assignments in Media, Gang and Metro Property Crimes. The last 14 years of his career have been dedicated to working in the Metro 210/220 sectors, serving as Acting Sergeant during a majority of those years. Detective Murphy has served on the Hostage Negotiation Team, and in numerous Operation 100s and hostage situations.

Protecting the innocent and catching the criminals who prey on them has been a theme throughout Detective Murphy’s tenure. One look at his personnel jacked proves that his career has been far from average, containing multiple commendations, supervisory notices and citizen letters of appreciation.

Detective Murphy received a Division Letter for assisting with the development and implementation of Critical Incident Plans for 43 metro schools. He was awarded Certificates of Commendation for his actions in convincing a barricaded shooting suspect to surrender, and for apprehending a bank robber without immediate regard for his own safety. He also received a Supervisory Notice for helping to obtain critical information that led to solving a homicide case.

Detective Murphy is affectionately known as “The Mayor of Westport” which speaks to his ability to build trust and relationships with the people with whom he works and serves.

The Meritorious Service Award was presented to Sergeant William VonWolf. Sergeant VonWolf has balanced the many needs of the Department, and dedicated long hours without hesitation or complaint, sometimes at the cost of his personal life.

As a past member of the Street Crimes Unit, Sergeant VonWolf completed his 11 years of service with professionalism; performing his duties while leading by example. The work of the Street Crimes Unit is ever growing and often times include placing the needs of the Department over oneself. During his tenure in the Street Crimes Unit, he received numerous awards and citations and has completed 130 cases, served 1,170 search warrants and served as point man on 361 of those.

Sergeant VonWolf has played a vital role in the success and recognition his team has received over the years. These are not only his personal accomplishments, but also the accomplishments of those he has spent many hours mentoring. He served as the Acting Sergeant in his squad, holding himself responsible for his actions and the safety of his unit. He was paramount in training Tactical Squads in encounters with canines during search warrant executions, reducing the number of canines that have to be euthanized.

Sergeant VonWolf exhibits exceptional initiative, tenacity, expertise and willingness to help others, and has had a significant impact during his time in the Narcotics and Vice Division.

The Board took a recess at 9:55 a.m. The meeting resumed at 10:03 a.m.

2. Public Comments. Aspen Taylor, friend of Ryan Stokes, thanked the Board for rescinding the commendations of Officers William Thompson and Tamara Jones. Ms. Taylor asked that the Board apologize to Ryan’s family and friends for the events following the officer-involved shooting death of Mr. Stokes.

Diane Burkholder, co-founder of One Struggle KC, spoke in support of the Stokes’ family. Ms. Burkholder expressed her concerns with the steps the Department took in rescinding the commendations of Officers Thompson and Jones. While Ms. Burkholder appreciates the commendations being rescinded, she believes it is not enough. She expressed frustration that the Stokes’ family was not notified prior to and weren’t invited to the Board meeting where the awards were rescinded. Ms. Burkholder requested a public apology from the Department for the false narrative in the commendation and for the events following the officer-involved shooting death of Mr. Stokes.

3. Approval of minutes. A motion was made by Commissioner Shurin, with a second by Commissioner Tolbert, to approve the minutes of the open meeting on September 17, 2018. The vote was 5-0 in favor.
4. Fraternal Order of Police Lodge 99. Sergeant Brad Lemon thanked the participants of the 4^th Annual FOP Golf Tournament. Sergeant Lemon advised that the Kansas City FOP was nationally recognized in the Quarterly FOP Journal. He thanked Jeanene Kiesling for her efforts to raise awareness of the organization that assists in building community relationships.

Sergeant Lemon advised that on Saturday, October 13, he will be a panelist at the Jackson County Bar Association’s 21^st Annual Judge Kit Carson Roque, Jr. Scholarship Banquet, speaking specifically on community/Department relations and mass incarcerations.   He will also be attending the National Major Cities Labor Forum next week. In response to a question, Sergeant Lemon advised that he ordered copies of the Quarterly FOP Journal for the Board members.

5. Executive Services Bureau. Deputy Chief Roger Lewis presented the following items for Board approval:

   a.  Budget Transfers for Fiscal Year 2018-19. A memorandum dated

September 27, 2018, was presented to recommend approval of budget transfers. This budget transfer will affect the Police Grants Fund and the Grants Special Revenue Fund.

A motion was made by Commissioner Wagner, with a second by Mayor James, to approve the budget transfers as presented. The vote was 5-0 in favor.

b.  FY 2019-20 Requested Budget. A memorandum dated September 28,

2018, was presented to recommend the approval of forwarding FY 2019-20 Requested Budget to the City for consideration.

A motion was made by Commissioner Tolbert, with a second by Commissioner Wagner, to approve the forwarding of FY 2019-20 Requested Budget to the City for consideration. The vote was 5-0 in favor.

c.  Acceptance of the 6^th Amendment to the Kansas City Terrorism Early Warning Sub-Recipient Agreement. A memorandum dated October 9, 2018, was presented to recommend acceptance of the 6^th Amendment to the Kansas City Terrorism Early Warning Sub-Recipient Agreement. The amendment increases the funding by $4,900 from $484,935.67 to $489,835.67. The agreement provides reimbursement of salary and benefits for one civilian analyst and one contractor.

A motion was made by Commissioner Wagner, with a second by Commissioner Tolbert, to approve the acceptance of the 6^th Amendment to the Kansas City Terrorism Early Warning Sub-Recipient Agreement. The vote was 5-0 in favor.

Deputy Chief Lewis provided an update on the Communications Unit. He advised that to-date 2018, the Call Center has received 732,126 calls, and 421,692 of them were received through the 911 system. The 911 hold time for the month of September was 22 seconds, compared to 30 seconds in September 2017. The Department’s hold time goal is below ten seconds. Deputy Chief Lewis advised that the Communications Unit is currently staffed with 96 members, leaving 10 vacant positions. A group of three new hires will begin call taker training on October 15, 2018.

Deputy Chief Lewis thanked the Truman Road Community Improvement District (CID) for their donation of cameras in the amount of $123,505.00. The cameras went operational on September 10, 2018. Funds totaling $83,400.00 were matched by the Police Foundation for the project. He thanked the Police Foundation for their donation.

He also thanked The Friends of the Kansas City Mounted Patrol for their donation of an audio system for use in the equine facility, at a value of $1,995.00.

6. Professional Development and Research Bureau. Major Scott Caron spoke for Deputy Chief Bob Kuehl during his absence. Major Caron presented the Academy Class Summary for October 2018. He advised that the 164^th Entrant Officer Class has lost ten KCPD recruits due to injury, resignation or termination; there are 33 KCPD recruits remaining.
7. Investigations Bureau. Deputy Chief David Bosworth presented the Investigations Bureau report for September 2018. Deputy Chief Bosworth advised that to-date in 2018, there have been 104 homicides, compared to 114 at this time last year. Deputy Chief Bosworth spoke about the triple homicide that occurred within the metropolitan area on October 7, 2018. The press release from the Jackson County Prosecutor’s Office detailed the violent Sunday rampage that resulted in the fatal shootings of three people in Kansas City, Missouri and Raytown, and injuries to others, including a 4-year-old child. Deputy Chiefs Bosworth and Lewis commended multiple Department entities and surrounding agencies for their efforts to locate the suspect and place him in custody before any other people were injured. They also thanked Rosilyn Temple, Mothers In Charge, for her coordination in gathering up to 50 family members, in a safe place, at the South Patrol Community Room. Ms. Temple provided comfort, care and support to the family members while police worked to apprehend the suspect. Officers located and apprehended the suspect at approximately 10:30 p.m. on October 7, 2018.

Deputy Chief Bosworth advised that in September 2018, there were 35 shooting victims identified, compared to 45 in September 2017; to-date 2018, there have been 344 shooting victims identified, compared to 407 at this time last year. There were 33 drive by shootings in September 2018, compared to 38 in September 2017; to-date 2018, there have been 335 drive by shootings, compared to 361 at this time last year.

The Department has recovered 1,662 firearms year-to-date, and has submitted 148 felon in possession cases. The 413 firearms cases handled by the local U.S. Attorney is 2nd highest in the country. To-date 2018, there have been 26 fatal overdose deaths, and 19 non-fatal overdoses; this is up slightly from the prior average of 26-28 overdose deaths per year.

8. Administration Bureau. Director Linda Netzel spoke for Deputy Chief Karl Oakman during his absence. Director Netzel presented the Regional Criminalistics Division monthly statistics for October 2018. She also presented the Personnel Summary dated October 3, 2018. For this time period, Department strength is 1,299 sworn law enforcement and 548 career civilians.

Director Netzel advised that the Regional Crime Lab continues to see backlog reduction; the only area of the Lab that continues to suffer increased new analysis requests that outpace their throughput is the DNA Section.

9. Patrol Bureau. Major Steven Young spoke for Deputy Chief Laningham during her absence. He spoke about the KC United Against Crime community crime prevention events that took place at each Division Station over the past weekend.

Major Young presented the Monthly Crime and Offense Summary dated August 2018, the Traffic Summary for the month of September 2018, and the September 2018 Executive Summary. He noted that the response times are continuing to improve.

10. Private Officer Licensing Unit. Manager Tamy Gallagher presented the following Private Officer License Appeals:

    a.  Private Officer License Appeal, Mr. John Trieu. A memorandum dated September 21, 2018, recommended denial of the armed private security license of Mr. John Trieu. The basis for the denial is outlined in Title 17 of the Code of State Regulations, Section 10-2.050(3)(O), which stipulates, each applicant applying for a license under these provisions must meet these standards and may be denied if he/she, “Provides other facts or actions which demonstrate that the applicant is unsuitable or ineligible for a license.” On January 20, 2018, Mr. Trieu was placed on diversion probation until March 5, 2019 for his Misdemeanor charge of interfering with a law enforcement officer.

After discussion, a motion was made by Commission Shurin, with a second by Mayor James, to deny the appeal and revoke the armed private security license of Mr. John Trieu. The vote was 5-0 in favor.

b.  Private Officer License Appeal, Force One Security and Consulting, Inc.

A memorandum dated October 4, 2018, recommended a $5,000.00 fine and five-year probation to Force One Security. The basis for the fine and probation is outlined in Title 17 of the Code of State Regulations, Section 10-2.010(1), under the provisions of Section 84.720 of the Revised Statutes of Missouri, the Board of Police Commissioners of Kansas City, Missouri (Board) has the authority and duty to regulate and license all private security and proprietary private investigative personnel, serving or acting as such within Kansas City, Missouri (City). Any corporation, partnership, or other entity that provides private security services and proprietary private investigative service is fully responsible for the acts and omissions of its employees acting in the course and scope of their duties. The Board shall have the power and duty to enforce the provisions of these rules and upon complaint of any person or on its own initiative to investigate violations, or to investigate business practices, or business method of any person, firm, company, partnership, corporation, or political subdivision applying for or holding a license for providing private security services and proprietary private investigative services if, in the opinion of the board, the investigation is warranted.

As outlined in Title 17 of the Code of State Regulations 10-2.010 (3), “Those licensed to perform private security services or proprietary private investigative services have police powers limited to the property which they have been lawfully assigned to protect. With the exceptions of those licensed as airport police, whose authority is set out in 17 CSR 10-2.030(1)(A)(4), those licensed under these provisions have no authority to enforce ordinances, statutes, or rules on the public streets of city or at any location other than on the property they have been assigned to protect.”

Title 17 of the Code of State Regulations 10-2.060 (8) (H) and (I) state, The chief of police or his/her designee may impose a fine, order probation, order suspension, or revoke a license of any company granted under section 84.720 of the Revised Statutes of Missouri pursuant to the procedures set forth in section (10) of this rule, when there exists information that the licensee or, if the licensee is an organization, any of its officers, directors, partners or associates has, (H), “Made a false statement or given any false information in connection with an investigation by the POLU or the department.” Also (I) “Provided other facts or actions which demonstrate that the applicant is suitable or ineligible to continue to hold a license.”

The reason for the fine and probation and ultimate company revocation was, on June 29, 2018, a homicide occurred at 24th and Van Brunt, involving four employees of Force One on the city streets of Kansas City, Missouri, not on the property Force One was hired to protect, the Yum Yum, 5304 E. 24th Street and subsequent probation violations.

Attorney for Force One Security and Consulting, Inc., Ms. Susan Dill, along with owner of the company, Mr. Lamont Semien, were present. Ms. Dill argued that the revocation of Force One’s security license was improper and not compliant with Title 17 requirements, and the failure of Force One employees to pass the firearms qualifications test does not constitute a basis for revocation of Force One’s security license.

After discussion, the Board agreed to defer the vote for a month, to seek legal consultation. Commissioner Garrett advised that a decision will be made at the Board meeting on November 13, 2018.

11. Secretary/Attorney David Kenner. Mr. David Kenner advised that the Department Lobbyist contract with Andy Arnold is approaching expiration. The Department submitted an RFP for a Department Lobbyist, and Mr. Arnold was the only person to respond. The Board expressed satisfaction with Mr. Arnold’s services.

A motion was made by Commissioner Shurin, with a second by Commissioner Wagner, to renew a one-year contract with Andy Arnold for Lobbyist services, provided the terms are the same as the previous year’s contract. The vote was 5-0 in favor.

After the meeting, Commissioner Garrett advised the Board that Mr. Arnold increased his fees $50.00/month, or $600/year. The Board will amend their approval at their meeting on November 13, 2018.

12. Commissioner Don Wagner. Commissioner Wagner congratulated the Crime Lab for their continued backlog reduction.
13. Commissioner Leland Shurin. Commissioner Shurin thanked the Truman Road CID, the Police Foundation and the Friends of the Kansas City Mounted Patrol for their donations.
14. Scheduled meetings.

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

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

January 8, 2019, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City

February 12, 2019, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City

March 19, 2019, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City

April 9, 2019, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City

May 14, 2019, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City

June 11, 2019, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City

July 9, 2019, 9:30 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City

         A motion was made by Mayor James, with a second by Commissioner Tolbert, and by vote indicated below, to adjourn its open meeting at 11:28 a.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 21, 2018, 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, October 9, 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:

Commissioner Nathan Garrett                     –        Aye
Commissioner Leland Shurin                       –        Aye
Commissioner Mark Tolbert                         –        Aye
Commissioner Don Wagner                          –        Aye
Mayor Sylvester “Sly” James                         –        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 October 9, 2018:

The Board went into closed session at 11:41 a.m.

1)      Following a motion by Commissioner Wagner, with a second by Mayor James, the Board voted to authorize certain settlement authority in the case of Anthony Contreras v. Officer Jacob Ramsey, in an amount not to exceed $___.¹ The vote was 5-0 in favor. Following polling, Commissioner Garrett voted Aye, Commissioner Shurin voted Aye, Commissioner Tolbert voted Aye, Mayor James voted Aye, and Commissioner Wagner voted Aye.

Mayor James left the meeting at 12:26 p.m.

2)      Following a motion by Commissioner Shurin, with a second by Commissioner Tolbert, the Board voted to approve the minutes of the closed session of the Board of Police Commissioners on September 17, 2018. The vote was 4-0 in favor. Following polling, Commissioner Garrett voted Aye, Commissioner Shurin voted Aye, Commissioner Tolbert voted Aye, and Commissioner Wagner voted Aye.

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

The meeting adjourned at 12:47 p.m.

 

____________________
President

____________________
Secretary/Attorney

[1] The amount is redacted under §610.021(1), R.S.Mo., because no final disposition of the matter has occurred.

Board of Police Commissioners Minutes