New First Amendment policy responds to community requests

On March 23, our Board of Police Commissioners approved a policy that we have been working toward since early last summer: the First Amendment Protected Activities Policy.

This was a reform requested by our community. The new policy establishes guidelines and procedures for department members when engaging with individuals participating in First Amendment-protected activities.

We take an oath to uphold the Constitution, to include the First Amendment. Protecting everyone’s right to expression is integral to our mission.  

The department did extensive legal research and looked into best practices nationwide to draft the new policy. Members met with community stakeholders, city leaders, prosecutors and others to create the policy that addresses community concerns. As the policy was being created, we revised it multiple times in response to their suggestions.

The new policy directs members to minimize displays of force. It states, “The display of armored vehicles, personal protective equipment or other displays of force will be minimized to the extent safely possible.”

 It also states, “Members will make all reasonable efforts to allow law-abiding individuals to continue to exercise their First Amendment protected rights, and will focus efforts on those individuals in the active assembly who violate the law.”

The First Amendment Policy explicitly prohibits officers from using less-lethal weapons and munitions – other than chemical agents –  to disperse crowds in the event of an unlawful assembly.

We have listened to the changes the community wanted to see, and we have implemented them. We are here to support and protect the exercise of First Amendment rights. More times than I can count, officers have risked their personal safety to shield a demonstrator from violence by a counter-protestor or something similar. We have blocked streets to protect marchers from vehicles on numerous occasions, as we have also protected drivers.

We ask that participants do their part, as well, by respecting the safety and property of others, as the law requires at all other times. It is our duty to balance the freedom of expression with public safety. We are willing to work with any group or individual to coordinate the successful exercise their constitutional rights.

We are working hard to support First Amendment rights, and we look forward to the community supporting the rights of everyone to be safe and secure, as well.

Send comments to kcpdchiefblog@kcpd.org.   

We're prepared for upcoming rallies

Police are aware of and prepared for a rally set for Washington Square Park on Saturday, Sept. 9. It is slated to involve numerous groups and hundreds of people from across the political and ideological spectrum. We also are prepared that some of those people will have differing viewpoints and may not get along. Our only duty will be to ensure that everyone is safe as they exercise their constitutional right to free speech, as I outlined in my previous blog. We are there as a neutral party. The event isn’t about us, and we will remain as uninvolved as possible. But we will have the resources ready should more involvement be needed to maintain safety. 

We don’t know every group or person slated to attend. But as is our practice, we have reached out to organizers of groups who we know will be there so we can work together to ensure everyone’s safety. I want to be clear in stating that we never invite anyone to a demonstration or ask attendees to assist us with enforcement activities in any way.

Based on our conversations with organizers and other information, we created an operations plan. We do this for every rally/protest/demonstration in the city and have extensive experience in keeping these events peaceful and non-violent. We appreciate the thousands of people who have come out to make their voice heard on a number of issues in a peaceful manner. That’s one of the great things about Kansas City: the quality of its people.

To accommodate the demonstration, be aware that Grand Boulevard will be closed Saturday morning and afternoon from Pershing to about 25th Street. Emergency no-parking signs will be placed around Washington Square Park, so if you park on the street in that area, please move your vehicle by Friday night to prevent it from being towed. If you are going to Crown Center, you can still access their parking garage from the south entrance. Just be aware there could be traffic delays and/or trouble finding a parking spot around the park. We also are notifying businesses in the area of the planned demonstration.

The public can expect to see high police visibility in and around the park during the event. Keep in mind these all are officers on special assignment. None have been pulled from patrol in other areas.

There was a similar demonstration at Washington Square Park in June with about the same amount of people as are expected this weekend, and everything went well. And on Tuesday night, there was a large demonstration in support of “Dreamers” which was very peaceful. In those cases, we also communicated with organizers beforehand, and everyone was able to share their views while following the law.

The Kansas City Missouri Police Department wants a peaceful demonstration Saturday and at all future events, and our goal is to facilitate that.

Send comments to kcpdchiefblog@kcpd.org. 

The truth about how we respond to demonstrations and protests

Despite online rumors and conspiracy theories, let me be clear that the Kansas City Missouri Police Department never invites any person or groups to a demonstration. The KCPD does not sanction any demonstration events. In regard to a protest on Aug. 19, 2017, we never asked for any assistance from any militia group, nor would we.

The sole purpose of KCPD’s presence at any demonstration, rally or protest is to ensure everyone can peacefully and safely exercise their constitutionally guaranteed rights to speech and assembly.

Police cannot and will not favor one side over another, no matter how that group may align with our own personal ideals. Officers are only there to maintain peace. As a former Tactical Enforcement commander, I have done this many times. One of the most memorable – and an example of protecting constitutional rights even when we disagree with the message – is when KCPD was assisting the city of Joplin, Mo., after they were ravaged by a tornado in May 2011. A man who supported a group well known for hateful speech came to Joplin, and counter protests from a number of groups were planned. President Obama was scheduled to tour Joplin’s devastation on the same day. Dozens of KCPD officers were trying to maintain peace and order. Due to the building hostility, our officers tried to form a barrier between that particular demonstrator and counter-protestors when several people broke through and tried to attack the demonstrator. My fellow squad members and I tackled the demonstrator to protect him from the onslaught, and then we had to run him out of the crowd surrounded by officers. We undoubtedly saved his life, but ultimately we weren’t there to protect him. We were there to protect the Constitution.

KCPD members will speak with anyone who asks them questions about the safest way to go about a demonstration. A contact is not the same as “collusion,” which some on social media are alleging.

In fact, if police are aware of demonstrations in advance, we have a long-standing practice to reach out to event organizers days or weeks beforehand to give them a point of contact and trade concerns. Some groups even tell us how many people plan to be arrested.

Our policy reinforces what every officer is commanded to do at a demonstration: remain neutral and protect rights, people and property. This is what our policy states:

“A. All citizens have a constitutional right to peaceful assembly and protest. This department has a professional mandate to safeguard and protect all citizens as they exercise their constitutional rights.

“B. The role of law enforcement officers at a peaceful demonstration or strike scene is to protect life and property and keep the peace. Officers must assume and maintain a neutral and impartial demeanor toward the issues of the demonstration or strike.”

You can see the full policy on our web site (the Response to Protest section begins on p. 18).

Note the section that says officers will “maintain a neutral and impartial demeanor toward the issues of the demonstration or strike.”

A recent petition calls for us to cordon off people like militia members at future protests. Our department has a number of practices to maintain peace and order at such events, and we use the minimum amount of intervention and/or force necessary. Commanders were on scene closely monitoring the situation on Aug. 19 to determine whether any greater levels of intervention might be needed. At one point, a confrontation did start between the two groups, and we used a low-level intervention – officers on horses – to separate them.

KCPD will remain as uninvolved as we can to allow for the free expression of ideas. We cannot ask one group to leave a public park or other public area. If two families show up in a park, we can’t tell one to stay and one to leave, and the same applies to protest groups.

Our only goal is to create a safe environment for everyone exercising their rights and for those who may be nearby. 

In these times of scrutiny, I'm proud of KCPD members and our city

These have been trying times for relations between law enforcement and the other members of the communities they serve (I say “and other members” because members of law enforcement are part of their communities, too). Police are under greater scrutiny than ever before. In light of that, I’d like to say how proud I am of the members of the Kansas City Missouri Police Department. Our employees have exhibited professionalism during the most difficult situations, especially in recent weeks. One great example: on the night of one of the largest protests, when hundreds of people decried police brutality, our officers arranged to have a KCATA bus transport the protesters back to their vehicles. It was cold and dark, and the officers knew the protesters had walked a long way.

KCPD members have continued to show what compassionate and caring individuals they are. In just the past couple of days, local news organizations have reported on how our officers work to ensure hungry children have food to eat and how an officer spent his time on his day off putting in new porch lights for elderly residents in the urban core. And those are just the stories that got reported. Our officers dole out small kindnesses every day that most people will never know. I appreciate everyone on social media and elsewhere who tell me about when they see one of our officers quietly doing a good deed.

This professionalism and compassion among our staff is by no means new. But with the spotlight on law enforcement nowadays, it certainly gives me more confidence than ever that our department is composed of quality people who really strive to achieve our mission: “Protect and serve with professionalism, honor and integrity.”

But I would be remiss not to thank the people of Kansas City, as well. Thank you for your civility. Thank you for letting your thoughts be known in a peaceful manner. Thank you for respecting the rights and property of others. Know that I am listening. I hear your frustration. One of my main goals as chief of police is to improve relationships between KCPD and the rest of the community. We are working toward that every day.

To that end, please come share your thoughts with us at a forum this Saturday. It will be from 9 a.m. to noon at the Palestine Missionary Baptist Church at 3619 E. 35th St. You’ll be able to sit down with the commander of the patrol division in which you live (as well as the Traffic Division commander), hear what’s going on in your area and share any thoughts and concerns you may have.

Send comments to kcpdchiefblog@kcpd.org. 

We're ready for Ferguson grand jury decision

I’ve had a lot of people ask me if the Kansas City Missouri Police Department is ready for the decision of the grand jury in the officer-involved shooting in Ferguson, Mo. The short answer is, “yes.” We’re always ready. We train constantly for critical incidents, and we are prepared to allocate resources wherever needed. We are supposed to receive some advance notice of the grand jury’s decision, but we would be prepared if it happened right now.

We’re not over-preparing because we don’t anticipate any large-scale events of civil disorder. Kansas City has a history of exercising their First Amendment rights in a peaceful manner. On many occasions in recent years, we’ve seen members of protestor groups step up and say they aren’t going to tolerate those intent on violence and destruction. They did it in the initial Ferguson demonstrations here. They did it during demonstrations for Trayvon Martin. We have good people here in Kansas City who know how to get their message across while respecting the rights and property of others.

There will always be alarmists – people who want to stir the pot and agitate and create fear. I am not afraid, and you shouldn’t be, either. This of course does not mean that KCPD isn’t ready to handle anything that happens. We are. We will be using covert and overt resources. Commanders will have a more visible presence out in the field. But we will not be heavy-handed. We will engage only at the level necessary to protect life and property.

Long before Ferguson, our department members had been working to build trust with other segments of our community. I have been blessed to hear from numerous community leaders who are constantly asking me how they can help. They and many others in our city have done a great deal. That’s evident in our reduced crime rates this year. They have refused to tolerate violent and property crimes in their community, and they’ve worked with us toward the goal of a safer city.

Law enforcement around the nation is under a higher level of scrutiny than ever before. Our personnel know this. During these difficult times, we will do everything we can to support those who want to lawfully express themselves while protecting the people and property of Kansas City.

Send comments to kcpdchiefblog@kcpd.org.