PUBLIC SAFETY COMMITTEE MEETING September 10, 2007 The Public Safety Committee meeting was called to order at 6:30 p.m. by Mr. George Kandt, Chair. The following members were present, constituting a quorum: Mr. Curt Skoog, Vice Chair; Mrs. Terry Happer Scheier; Mr. Jim Hix; and Mrs. Donna Owens. Mr. Fred Spears was absent. Also present were: Mr. John M. Nachbar, City Manager; Mr. Brian Shields, City Traffic Engineer; Mr. Bryan Dehner, Fire Chief; Mr. Mike Casey, Deputy Fire Chief; Mr. John Douglass, Police Chief; Mr. Stephen Smith, Mr. Mark Kessler, and Mr. Jack Cauley, Police Lieutenant Colonels; Mrs. Dee Lock, Executive Secretary; Mrs. Vicki Irey, Director of Information Technology; Mr. Kevin Foudray, Fire Prevention Chief; Mr. Jason Rhodes, Fire Department Media Manager; Mr. Douglas Dunn, Police Major; Mr. Mike Santos, Deputy City Attorney; Mrs. Tammy Owens, Senior Assistant City Attorney; Mr. John Skubal, Mr. Paul Lyons, Mr. Terry Goodman, and Mr. David White, Councilmembers; Mr. Scot Smith, Senior PC Support Specialist; and Mrs. Barbara Potts, Recording Secretary. INFORMATION ITEMS: PRESENTATION OF THE PUBLIC SAFETY COMMITTEE DISTINGUISHED SERVICE AWARD Brian Stanke and Shawn Jones. Chair George Kandt and Fire Chief Bryan Dehner presented a plaque to Mr. Brian Stanke for his life saving efforts for a person involved in an automobile accident. Mr. Shawn Jones was unable to be at the meeting. ACTION ITEMS: ORDINANCE NO. CSC-2697 Relating to the Civil Service Commission. Police Chief John Douglass said the staff is requesting changes to the Civil Service Commission Ordinance. He mentioned that there are also numerous housekeeping items and one elimination of coverage by this ordinance that will be proposed for approval by the Committee. Referring to the first housekeeping item, Chief Douglass said that staff was in the process of making promotions from the rank of sergeant all the way through the rank of major. He explained that the rank of major is not currently covered by Civil Service, but the other ranks are currently covered. In order to make the promotions move efficiently, staff is asking for the following changes. The first item is a change in the time and grade for the position of lieutenant from two years to one year for seeking promotion. The Police Department currently has the lieutenant position as a preparatory position for making captain. Chief Douglass explained that the position of lieutenant was eliminated for several years, and there are currently four lieutenants in those positions. Because the Police Department has so few lieutenants in preparation for captain, the time it takes in between positions
Page 2 has become cumbersome. Staff is asking that the time period be reduced to one year, which will improve the efficiency of how the Police Department moves people from the rank of lieutenant to captain. The second item is establishing the annual testing date for positions of sergeant and lieutenant and reduces the eligibility list from two years to one year. Staff believes that by holding an annual test for promotions every October, this would add stability and efficiency to the organization. Secondly, annual testing will enable the Police Department to have a standing list for one year for the positions of lieutenant and sergeant from which to make a selection. The reason for reducing the time period from two years to one year is to increase the pool of eligible candidates. When testing was done every two years, the person might miss the testing by one month, because he/she did not have the five years experience required at the time of testing. Therefore, the person would have to wait another two years, which tends to eliminate qualified candidates for consideration. Staff is requesting that annual testing be held every October. The second housekeeping item is in the word language of the ordinance. Currently, the ruling is that a person who is being considered for the position of police sergeant must have five years of prior police experience, consisting of three years at the City of Overland Park and at least two years of experience somewhere else, or all five years at Overland Park. Chief Douglass said the current language does not indicate that the years need to be consecutive. The question was raised about prior military police experience, so theoretically, a person could have had the prior experience ten years ago and worked for the Overland Park Police Department for three years, and still meet the requirement. In staff s opinion, all five years should be consecutive, so their experience is recent, current and up-to-date. Chief Douglass said the other change is the removal of a position of police captain from the jurisdiction of the Civil Service Commission. Approximately three years ago, the Police Department did not have any lieutenants, because all of them were promoted to captains. Staff later decided that the position of lieutenant is a preparatory step. After discussing this issue with the City Manager, the belief is that the position of captain is a senior management position and should be treated the same as the police majors and deputy police chiefs, and not be covered specifically by Civil Service. In addition, staff believes this would provide captains with a better identity and attachment to the organization by being treated the same as those senior management positions. He met with the police captains, and much discussion took place. He explained that there was no opposition at the end of the meeting. Since that time, he has received a memo from three police captains indicating that they would prefer that no change be made. There were 12 captains at the meeting, and three wanted no change, three agreed to the change, and six people were ambivalent. Therefore, his recommendation is to proceed with removing the position of police captain from the jurisdiction of Civil Service, so they can be upper level management positions and identified as such. Mr. Jim Hix indicated that he is not familiar with the civil service arrangement. He asked if there are any other approvals required or whether the designation under the Civil Service Commission is decided by the Governing Body. Chief Douglass believed the decision is made by the Governing Body.
Page 3 Deputy City Attorney Mike Santos confirmed that this is strictly a decision of the Governing Body for the entire Civil Service Program. A motion was made by Mrs. Donna Owens to recommend to Council approval of the changes to Ordinance No. CSC-2697, as outlined by staff. Mr. Hix seconded, and the motion passed by a vote of 5 to 0. SCHOOL RESOURCE OFFICER AGREEMENTS Blue Valley School District, Shawnee Mission School District and Saint Thomas Aquinas High School. Police Lieutenant Colonel Steve Smith indicated that the School Resource Officer (SRO) Program is a long-standing program, which has received substantial support from the Council for many years. He explained that the full-time police officers will be assigned full-time to the high schools, and part-time to the middle schools in each district to provide law enforcement services as specified in the SRO Agreements with the City. These police officers will work with the school personnel in providing enforcement, education, problem-solving resources, and the appropriate response to on-campus or school-related criminal activity. These agree-ments further provide that each school district will provide partial reimbursement to the City for the time the police officers are assigned to the schools. He indicated that these positions have been budgeted in the 2007 and 2008 Police Department budgets. Lieutenant Colonel Smith presented the 2007-2008 School Resource Officer (SRO) Agreement with Blue Valley Unified School District No. 229, which specifies that police officers will be assigned full-time to four Blue Valley High Schools (Blue Valley, Blue Valley North, Blue Valley West, and Blue Valley Northwest), and part-time to six Blue Valley Middle Schools (Harmony, Oxford, Pleasant Ridge, Overland Trail, Blue Valley, and Lakewood). He explained that the 2007-2008 SRO Agreement has one substantial change from the 2006-2007 school term that was proposed by the Blue Valley School District. He referred to the change on pages three and four of the SRO Agreement under Section Seven, which indicates that the City agrees to replace any officer assigned to the Blue Valley District as an SRO who may become unable to carry out the duties of a police officer due to loss of certification. He stated that this change has been reviewed by the Police Legal Advisor and the Chief of Police, and both have found this change to be acceptable. In terms of Shawnee Mission Unified School District No. 512, the 2007-2008 SRO Agreement with the City, police officers will be assigned full-time to four Shawnee Mission High Schools (Shawnee Mission West, Shawnee Mission South, Shawnee Mission North and Broadmoor Vo-Tech), and part-time to three Shawnee Mission Middle Schools (Antioch, Indian Woods, and Westridge). No substantial changes have been made from the 2006-2007 school term. Lieutenant Colonel Smith referred to the third 2007-2008 SRO Agreement between the City and St. Thomas Aquinas High School, assigning a police officer full-time to St. Thomas Aquinas High School. He explained that no substantial changes have been made from the 2006-2007 school term. Staff recommends approval of the 2007-2008 SRO Agreements with Blue Valley Unified School District No. 229, Shawnee Mission Unified School District No. 512, and St. Thomas Aquinas High School for the provision of School Resource Officers.
Page 4 Mrs. Owens referred to the change mentioned by staff in the 2007-2008 SRO Agreement with the Blue Valley School District, indicating that the City would agree to replace any officer assigned as an SRO if he/she becomes unable to carry out the duties of a police officer due to loss of certification. If this is a standard procedure of the City, she asked the reason this same wording is not also specified in the SRO Agreements with the Shawnee Mission School District and St. Aquinas High School. Lieutenant Colonel Smith replied that it is possible for staff to include this verbiage in the SRO Agreements with the Shawnee Mission School District and St. Thomas Aquinas High School. As he explained, Blue Valley is typically the last school district to submit their SRO Agreement to the City, so this change was not recognized by the other school districts. He stated that the Police Department could include this change in next year s SRO Agreements with the Shawnee Mission School District and St. Thomas Aquinas High School, if desired by the Committee. Senior Assistant City Attorney Tammy Owens explained that the City has already received the SRO Agreements from all of the schools. However, she confirmed that the same wording could be placed in all three SRO Agreements next year. Mrs. Terry Happer Scheier moved to recommend to Council approval of the School Resource Officer Agreements, as outlined by staff. After a second by Mr. Skoog, the motion passed by a 5 to 0 vote. POLICE PSYCHOLOGISTS AGREEMENTS Dr. David Hill, Dr. Bruce Cappo, and Dr. Joi McNeley-Phelps. Police Lieutenant Colonel Mark Kessler indicated that the Police Department uses a psychological evaluation for all new Officers Communications personnel and Animal Control personnel as part of the hiring process. He explained that other services provided include fitness for duty examinations and support services for undercover officers and cyber crime investigators. He noted the following changes in the contracts: 1) Raised the hourly rate in contracts with Dr. Joi McNeley-Phelps and Dr. Bruce Cappo from $115 to $120 to match the hourly fee charged by Dr. David Hill; and 2) Reduced the number of hours provided by Dr. Hill. As he explained, the original contract with Dr. Hill required him to work additional hours because of a testing process that involved large groups of people. However, the current testing process has been changed and does not require the additional hours of service by Dr. Hill. The funding for psychological services is included in the Operating Budget. Mr. Skoog moved to recommend to Council approval of the contracts with Dr. David Hill, Dr. Bruce Cappo and Dr. Joi McNeley-Phelps for physiological services, with changes noted by staff. Mrs. Owens seconded, and the motion passed unanimously. PURCHASE USING MID-AMERICA REGIONAL COUNCIL (MARC CONTRACT For five Crown Victoria police vehicles From Shawnee Mission Ford in the total amount of $107,620. Lieutenant Colonel Kessler said the Police Department has five vehicles that have been disabled for different reasons. He informed the Committee that they are buying 2008 model vehicles rather than the 2007 models. He explained that the City Council
Page 5 approved the purchase of 2007 model year vehicles, using the 2007 MARC bid pricing at the December 16, 2006, City Council meeting, and Shawnee Mission Ford has agreed to honor the pricing structure outlined in the 2007 MARC bid for the 2008 model year. The funds for the purchase of these five vehicles will be funded from the Police Department s 2007 General Operating Fund budget. Staff recommends approval. Mrs. Owens moved to recommend to Council approval to use the MARC contract for five 2008 Crown Victoria Police vehicles from Shawnee Mission Ford for a total amount of $107,620. A second was made by Mrs. Happer Scheier, and the motion passed by a vote of 5 to 0. STRUCTURAL ASSESSMENT AND REPAIR RECOMMENDATIONS For the Fire Training Center s Drill Tower Staircase. Chief Dehner said the Fire Department s five-story drill tower has been in operation since 1994. During this time, countless hours of training have taken place. From the beginning, many outside organizations, including private and municipal, have paid the City to rent the facility when not used by the Overland Park Fire Department. He indicated that Johnson County Community College is currently their largest facility contract, using the facility for their Fire Science Program. Chief Dehner explained that facility maintenance and upkeep is constantly performed to meet the needs of their customers, both internal and external. He said a significant issue is the safety of their stairwell, which is limiting their ability to provide training. As he explained, pooling water that seeps into cracks and metal risers has frozen and thawed over the years, causing the concrete to crumble and the metal to rust. In conjunction with Facility Maintenance, an engineering study was performed to identify the extent and suggested remedy. The suggested fix also eliminates the water collection issue with the stairs and is more suitable for their use and the climate. He informed the Committee that the Fire Department s budget for maintenance does not cover expenses this large. In addition, revenues generated from all contract training over the years goes directly into the City s General Fund. Staff recommends the approval of a maximum of $75,000 in contingency funds to remove deteriorated staircases and replace with open grate, freely draining, galvanized staircases with non-slip treads. Mrs. Happer Scheier moved to recommend to Council the approval of a maximum of $75,000 from the Contingency Fund to remove the deteriorated Fire Training Center s Drill Tower staircase and replace it with an open grate, freely draining, galvanized staircase with non-slip treads. Mr. Hix seconded the motion, which passed by a vote of 5 to 0. ADJOURNMENT: Chair Kandt declared the meeting adjourned at 7 p.m. Minutes transcribed by Barbara Potts. George Kandt, Chair