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[COMMITTEE SUBSTITUTE FOR] ORDINANCE NO. 260065

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Sponsor: Mayor Quinton Lucas

COMMITTEE SUBSTITUTE

Directing the City Manager to assign costs incurred by the Board of Police Commissioners beyond the twenty-five (25) percent annual budget threshold in Mo. Rev. Stat. 84.730 to a new fund entitled “KCPD Overage Fund” and establishing said fund in the books and records of the City; directing the City Manager to negotiate with the Board of Police Commissioners a process for Council approval of costs related to Board of Police Commissioners established settlement agreements, including settlements with costs structured over future budget cycles; and directing the City Manager to include an appropriation of $5,900,000.00 in the FY2026-2027 submitted budget from the KCPD Overage Fund for legal settlements and subjecting such payments to the council ordinance process.

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WHEREAS, Kansas City is required to provide no more than one-fourth of the general revenue to the Kansas City Police Department, pursuant to Chapter 84.730 of the Missouri Revised Statutes; and

WHEREAS, the Kansas City Police Department is governed by the Board of Police Commissioners appointed by the Governor of Missouri, pursuant to Chapter 84.350 of the Missouri Revised Statutes; and

WHEREAS, while the Board of Police Commissioners has exclusive operational control over the Kansas City Police Department, City Council has the responsibility to appropriate funds and provide fiscal oversight on behalf of Kansas City taxpayers; and

WHEREAS, the City Council has the responsibility to approve the annual budget, including the yearly funding appropriation for the Board of Police Commissioners; and

WHEREAS, pursuant to Missouri Revised Statutes Section 84.730, City Council is not required to appropriate amounts exceeding one-fourth of the general revenue fund in any fiscal year to the Board of Police Commissioners; and

WHEREAS, the Board of Police Commissioners periodically makes funding requests above and beyond the required one-fourth funding allocation, including requests for settlements and judgments from litigation involving the department; and

WHEREAS, the Board of Police Commissioners in its 2026-2027 Requested Budget seeks funding beyond the required one-fourth funding allocation mandated by state law; and

WHEREAS, the Board of Police Commissioners in its 2026-2027 Requested Budget seeks funding beyond the required one-fourth funding allocation mandated by state law to address costs from legal settlements previously approved by the Board of Police Commissioners with fiscal impact in future years and budget cycles; and

WHEREAS, City Council has received no information on the nature, size, or scope of structured legal settlements impacting this and future years and budget cycles seeking appropriations in excess of state statutory mandate; and

WHEREAS, the City has established procedures for review of costs arising from legal settlements and has responsibility for properly anticipating and budgeting future costs to the City, including seven- and eight-figure legal settlement costs approved by the Board of Police Commissioners; and

WHEREAS, the City desires to reduce the detrimental effect of structured legal settlement costs impacting the current and future years and budget cycles on policing and public safety in Kansas City; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1.  The City Manager is directed to assign costs incurred by the Board of Police Commissioners beyond the twenty-five (25) percent annual budget threshold in Mo. Rev. Stat. 84.730 to a new fund, entitled “KCPD Overage Fund,” which is hereby established on the books and records of the City of Kansas City. 

Section 2. The City Manager is directed to negotiate with the Board of Police Commissioners a process for Council approval of costs related to Board of Police Commissioners approved settlement agreements, including settlements with costs structured over future budget cycles. 

Section 3. The City Manager is directed to budget an appropriation consistent with the Board of Police Commissioners FY 2026-2027 request for legal settlements in the amount of $5,900,000.00 to the KCPD Overage Fund, assigning requisitioning authority to the Director of Finance, and subjecting such payments to the Council ordinance process.

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Approved as to form:

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Samuel Miller

Assistant City Attorney