Kansas City police board votes to explore legal action over city control of funding
Update: A group of civil rights organizations in Kansas City gathered at City Hall Tuesday to support the city effort to gain control of part of the police budget. Read that story here.
The Kansas City Board of Police Commissioners on Monday voted 3-1 to initiate litigation, bringing them a step closer to filing a lawsuit after the Kansas City Council passed a measure giving the city some control over a portion of the department’s budget.
The board’s action was detailed in meetings minutes from a closed session held over the objection of Kansas City Mayor Quinton Lucas, who is a member of the police board but also led the effort to pass the budget measure in City Council.
The commissioners also voted to form a subcommittee consisting of board members Nathan Garrett and Cathy Dean, two attorneys, who would work with outside legal counsel to determine what legal options the board could pursue.
In its decision, the subcommittee would review what legal action may be “necessary and appropriate to enforce the Board’s rights, responsibilities, and authorities” under Missouri law, the minutes say.
Missouri law specifies how the police department is managed by the state-appointed board of commissioners.
Lucas voted against both measures. Bishop Mark Tolbert, who serves as the board president did not attend the meeting.
Lucas was the only one of the five-member board to attend the meeting in person. Other board members participated in the closed session via telephone.
The police board did not properly notice the closed session Monday in its public agenda as required by Missouri open meetings law. The Star objected, and was joined by the KMBC, KCTV and KSHB television stations.
The police board’s action came after the City Council on Thursday voted 9-4 to cut this year’s police budget back to 20% of the general fund, the minimum required by Missouri law. The savings, which come to $42.3 million, would be reallocated to a newly devised “Community Services and Prevention Fund.”
Under the measure, Kansas City Manager Brian Platt and the police commissioners would negotiate on how to spend that money.
Garrett said he and the other board members were taken by surprise by the City Council’s actions.
“We are still evaluating the matter, but would have much preferred to have had notice and the opportunity for direct communication with the City before the defunding ordinances were introduced and passed,” Garrett told The Star.
“Not sure all who voted understood the practical effect (or timing), but the fuse was lit once passed and we have to evaluate and implement whatever action we deem most appropriate in very short order lest we cannot fund our most crime critical divisions,” he said.
Lucas has said previously that he welcomes litigation over police funding.
He said Kansas City may have a legal argument under the Equal Protection Clause under the Fourteenth Amendment of the Constitution, which says people have to be treated the same under the law.
“What the state cannot do is discriminate against Kansas Citians because they live in Kansas City, or because somebody was corrupt 90 years ago,” he said. “It just doesn’t work that way.”
A group of civil rights organizations scheduled a press conference for 2 p.m. Tuesday on the steps of City Hall, in support of Lucas and those council members who voted to reallocate the police funding.
“Clearly, we are not getting a return on the millions of dollars we invest in KCPD each year. The outcomes do not measure up, Gwen Grant, president and CEO of the Urban League of Greater Kansas City, said in a written statement.
“Violent crime is high. Solve rates are low. The Mayor and Council have the right and the responsibility to exercise better stewardship over city resources.”
Among the groups scheduled to take part in the news conference were the Kansas City branch of the NAACP, the Southern Christian Leadership Conference of Greater Kansas City, National Black United Front-KC, Urban Summit, the Metro Organization for Racial and Economic Equity - MORE2, Presbyterian Urban and Immigrant Ministry Network.
Some of the groups have called for the removal of Police Chief Rick Smith.
“Diminishing voices of people of Kansas City, diminishing the ability for the people of Kansas City to actually have some role in how budgetary decisions are made...is fundamentally unfair,” Lucas said. “I think it’s fundamentally unconstitutional and I am perfectly willing to argue that in a state or federal court. I think Kansas Citians have grown frustrated enough to argue that.”
Despite the police board’s objections, Lucas has pointed out that there is a provision under Missouri law that does allow for contract agreements with government entities.
Lucas has previously said the city and police department have been part of contractual agreements in the past, including one in which both agreed to step up enforcement of parking violations in downtown Kansas City.
The Council also increased the police budget by $3 million, which would pay for a new police academy class. The measures are viewed as giving City Hall more say in how the police department spends money.
Lucas said the reduction in KCPD appropriations should have little to no impact on their ability to make payments and meet payroll.
A five-member board appointed by the Missouri governor oversees the police department. The mayor always has a seat on the board.
The Kansas City Council approves the police department’s budget each year but has little say over its operations.
This story was originally published May 25, 2021 at 11:11 AM.
