D R A F T PUBLIC SAFETY COMMITTEE MEETING February 10, 2010 The Public Safety Committee meeting was called to order at 7 p.m. by Mr. George Kandt, Chair. The following members were present, constituting a quorum: Mrs. Donna Owens, Vice Chair; Mr. Dave Janson; Mr. Jim Hix; and Mr. Curt Skoog. Mr. Fred Spears was absent (excused). Also present were: Mr. John Douglass, Police Chief; Mr. Bryan Dehner, Fire Chief; Mr. Brian Shields, City Traffic Engineer; Mr. Adam Norris, Assistant to the City Manager; Mr. Mike Miller, Assistant to the Director of Public Works; Mr. Stephen Smith, Mr. Mark Kessler, Mr. Jack Cauley, Police Lieutenant Colonels; Mr. Tim Lynch, Police Captain; Mr. John J. Knoll, Senior Assistant City Attorney; Ms. LaVon Klover, Police Administrative Assistant; Mr. Ron Roberts, Senior PC Technician; and Mrs. Barbara Potts, Recording Secretary. There were four people in the audience. _____________________________________________________________________________________ INFORMATION ITEMS: STATE OF KANSAS LAW ENFORCEMENT INITIATIVE WITH REPUBLIC OF ARMENIA. In terms of background, the Armenia-Kansas partnership was established by the Kansas National Guard. The Kansas Adjutant General, Major Tod Bunting, led the first delegation to Armenia in July 2006. In July 2009, the delegation led by Major General Bunting to Armenia set the framework for other Kansas groups to travel to Armenia to discuss law enforcement, education and medical training. Police Lieutenant Colonel Mark Kessler explained that the Armenian Police expressed interest in developing some of the same programs as the United States and other European nations have. The Armenian Police requested training, community policing tactics and other efforts to improve law enforcement capabilities in the Middle Eastern country. During a recent trip to Armenia, Police Major James Brown with the Kansas City, Kansas, Police Department, explained the success of community policing programs in Kansas. Police Major Brown suggested that the Armenian police need to work with developing relationships within their community to build confidence with the public. As a result of discussions between Kansas law enforcement officials and the Republic of Armenia, Police Lieutenant Colonel Kessler indicated that a delegation of four members was formed that included himself; James Brown with the Kansas City Police Department; Police Chief Samuel Breshears with the Kansas City Police Department; and Edwin Pavey, head of the Kansas Law Enforcement Training Center (KLETC). In cooperation with the Department of Defense State Partnership Program between Kansas and the Republic of Armenia, the delegation visited Yerevan, Armenia, Public Safety Committee Meeting February 10, 2010 Page 2 during the week of October 19, 2009. The delegation met with the senior leadership of Armenia’s law enforcement system, as well as with U.S. Embassy personnel and outside experts, such as the Organization for Security and Cooperation in Europe (OSCE) team leading a community policing pilot program. The delegation explained to their Armenian counterparts the willingness and capabilities Kansas law enforcement agencies have to offer consultation and training to Armenian police. The Armenian officials who met with the delegation were enthusiastic about the proposed coopera- tion, and welcomed the participation of trainers from Kansas in their efforts at police reform and modernization. Police Lieutenant Colonel Kessler indicated that the Armenian’s highest priority area for cooperation tended to be more related to technical training and specialized skills, rather than the focus on professionalism, integrity and public service emphasized in the United States. However, he said there appeared to be considerable areas of overlap where values and attitudes can be taught and modeled as part of the training on more specific police functions. Lieutenant Colonel Kessler explained that community policing was introduced to Kansas around 1995. He commented that the Armenian police are struggling with the same issues that Kansas did in 1995 in terms of incorporating community policing into the police department. The Armenian police department were told that they will need to work at developing relationships within their community to build confidence with the public. In summary, Lieutenant Colonel Kessler said the visit was extremely successful and generated intense interest in cooperation with Kansas law enforcement agencies among several different elements of the Republic of Armenia police. He explained that the eagerness of Armenian counterparts for additional meetings during the visit was the best example of this enthusiasm. As of late November, the visit has already resulted in one training activity by a Kansas law enforcement officer in support of the Community Policing Pilot Program. SPECIAL LAW ENFORCEMENT TRUST FUND QUARTERLY REPORT. Police Chief John Douglass presented the quarterly report of the Special Law Enforcement Trust Fund as required by statute. He noted that as of December 31, 2009, there was a combined total of $312,871 in the Special Law Enforcement Trust Fund from state and federal funds. ACTION ITEMS: KDOT GRANT – Request approval to apply for and, if awarded, to accept grant to enforce underage drinking laws with no City match required. In terms of background, Police Lieutenant Colonel Steve Smith said that each year since 2005, the Overland Park Police Department has received a grant from the Kansas Department of Transportation (KDOT) in the amounts of $19,990.50, $17,252.50, $21,528, $19,599 and $19,599 respectively, to enforce underage drinking laws in the community from March 1 through May 31. He said the Police Department has received an application to apply for this grant for the same Public Safety Committee Meeting February 10, 2010 Page 3 time period in 2010. He explained that these enforcement activities will take place throughout the 13-week period and will also be coordinated to coincide with spring break, proms and graduations. He said there is no match required from the City under this grant, so there will be no budgetary impact. Staff recommends approval to apply for and, if awarded, to accept a grant from KDOT, Bureau of Traffic Safety, to enforce underage drinking laws. Mrs. Donna Owens moved to recommend to the Council approval to apply for and, if awarded, to accept the grant from KDOT to enforce underage drinking laws with no City match required. Mr. Curt Skoog seconded, and the motion passed by a 5 to 0 vote. REQUEST APPROVAL TO USE FORFEITURE FUNDS FOR THE FOLLOWING: Metropolitan Organization to Counter Sexual Assault (MOCSA) - $15,000 TV Monitors for Police Chief’s Conference Room - $4,000 Public Safety Answering Point (PSAP) Upgrade - $6,300 In terms of background, Police Chief Douglass said the Metropolitan Organization for Counter Sexual Assault (MOCSA) is a regional organization whose stated purpose is support and advocacy for victims of sexual assault. He explained that the Overland Park Police Department has worked with this organization for over 30 years, and they have proven to be a valuable resource in a myriad of ways to include the support for the victim, training for the officers, and advocacy for better laws in this area. Similar to all institutions in this country, MOCSA has been affected by the recession and economic downturn. According to Police Chief Douglass, the purchase of the TV monitors for the Chief’s conference room and the upgrade to the Public Safety Answering Point (PSAP) were not funded in the regular budget due to fiscal constraints. He explained that each of these functions will expand existing capabilities within the Police Department. The amount is not to exceed $25,219.12 and will be taken from confiscated forfeited funds. Staff recommends approval of the use of these forfeited funds. Mrs. Owens moved to recommend to the Council approval to use forfeiture funds as outlined. Mr. Skoog seconded, and the motion passed by a vote of 5 to 0. ORDINANCE NO. DAC-2864 – Expanding the definition of cruelty to animals. Senior Assistant City Attorney John Knoll said the animal control unit of the Police Department requested an amendment to the Cruelty to Animals ordinance to expand the definition of cruelty. He explained that this ordinance will add the following actions: 1) Molesting; 2) Willingly beating with a stick, chain, club or other object; 3) Burning or scalding with any substance(s); 4) Administering any poisonous substance with the intent that the same shall be taken or swallowed; 5) Cruelly ill- treating, overworking, overloading, or disfiguring any animals in the City, whether or not the animal is owned by that person. Mr. Knoll said this amendment is intended to cover situations where an obvious act of cruelty is committed, such as a person kicking a dog or beating a dog with a stick Public Safety Committee Meeting February 10, 2010 Page 4 or other object, but the animal shows no sign of a physical injury. He explained that the current ordinance requires proof of a physical injury. In response to Mr. Jim Hix’s question of how they would have proof if there was no sign of a physical injury, Mr. Knoll said that possibly a witness could testify to seeing the person commit the act of cruelty to the animal. A motion was made by Mrs. Owens to recommend to the Council to approve Ordinance No. DAC-2684, amending the animal ordinance and expanding the definition of cruelty to animals. Mr. Dave Janson seconded, and the motion passed unanimously. ORDINANCE NO. PAR-2842 – Amendment to define certain terms and to allow for recovery of City personnel and equipment fees from persons who apply for parade permits. Mr. Knoll explained that the subject ordinance would amend two sections of the parade code to define certain terms and to allow for recovery of fees for City personnel and equipment from persons who apply for parade permits. He pointed out that Overland Park is reportedly the only City in the metropolitan area that does not charge a personnel cost recovery fee for parade events.