Omar Bennett
Missouri Amendment 4, also known as the 'Allow Legislature to Require a City to Increase Funding without State Reimbursement for a Police Force Established by State Board Amendment', was on the ballot in Missouri as a legislatively referred constitutional amendment on November 8, 2022. The amendment sought to increase the minimum funding for the police force of Kansas City, Missouri, from 20% to 25% of the city's general revenues. The amendment was initially approved but was later overturned due to a lawsuit filed by Kansas City Mayor Quinton Lucas, who argued that the fiscal note on the ballot measure was inaccurate and misleading to voters. A new election was ordered for August 6, 2024, and voters approved the amendment again, despite criticism that it could solidify state control over the police department instead of restoring local control.
| Characteristics | Values |
|---|---|
| Date of ballot appearance | November 8, 2022 |
| Type of amendment | Legislatively referred constitutional amendment |
| Purpose | To increase the minimum funding for the police force of Kansas City, Missouri |
| Previous funding | 20% of the Kansas City general revenues |
| Proposed funding | 25% of the Kansas City general revenues |
| Amount of increase | $38,743,646 |
| Result | Approved, but later overturned |
| Re-vote date | August 6, 2024 |
| Re-vote result | Approved again, but by a smaller margin |
| Status | Struck down by the Missouri Supreme Court on May 1, 2024 |
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What You'll Learn
The impact on Kansas City's budget
The impact of Missouri's Constitutional Amendment 4 on Kansas City's budget is significant. The amendment requires Kansas City to increase its funding for the police department, specifically the KCPD, from 20% to 25% of its general revenue. This equates to an increase of $38,743,646. While Kansas City had previously provided this level of funding voluntarily, the amendment now makes it a mandatory requirement.
The amendment directly affects Kansas City's budget by mandating a higher allocation of funds to the police department. This increase in funding could impact other areas of the city's budget, potentially requiring cuts or reallocations in other departments to accommodate the additional spending. The amendment essentially limits the city's flexibility in budget allocation by setting a minimum threshold for police funding.
The impact of Amendment 4 on Kansas City's budget also highlights the issue of local control over police funding. Kansas City does not have jurisdiction over its police department, as it is controlled by the state of Missouri. This means that the city has no say in how the additional funding is utilized by the KCPD. There are organizations, such as MORE2, that advocate for greater local control over the police department's budget, arguing that decisions regarding Kansas City's funds should be made by those directly affected.
The financial implications of Amendment 4 for Kansas City led to legal challenges. Kansas City Mayor Quinton Lucas filed a lawsuit in 2023, arguing that the fiscal note on the ballot measure was inaccurate and misleading to voters. The lawsuit asserted that the true cost of the amendment to the city was nearly $39 million, contrary to the fiscal note's claim of no additional costs. The Missouri Supreme Court agreed with this argument and struck down Amendment 4 on May 1, 2024, ordering a new election for August 6, 2024.
While the amendment was approved again by voters in the subsequent election, the initial legal challenge brought attention to the potential budgetary impact on Kansas City. The city's leaders and citizens were made aware of the significant increase in police funding mandated by Amendment 4, which could influence future discussions and decisions regarding the city's budget and financial priorities.
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The Kansas City Police Department's funding
Missouri Amendment 4, the "Allow Legislature to Require a City to Increase Funding without State Reimbursement for a Police Force Established by State Board Amendment", was on the ballot in Missouri as a legislatively referred constitutional amendment on November 8, 2022. The amendment was approved but later overturned, with a new election ordered for August 6, 2024, in which voters approved the amendment again. The Missouri Supreme Court struck down Amendment 4 on May 1, 2024.
The Kansas City Police Department (KCPD) is primarily funded by taxpayers who live or work in the city. In 2021, the department's budget was approximately $272.9 million, with the majority coming directly from city tax dollars. The KCPD also receives funding from various federal grants, donations from private foundations and charitable organizations, and revenue generated through a Jackson County anti-drug sales tax and a contract with Kansas City to enforce downtown parking. The department's funding has been a controversial political issue, with the City Council passing a measure in May 2022 to give city officials some control over a portion of the police budget.
The funding of the KCPD has been the subject of legal disputes between the city of Kansas City and the Board of Police Commissioners. The board, which controls the department, has argued that the city is undercounting its general revenues when determining its funding obligation to the police. The board claims that the city should allocate 25% of the revenue collected from economic development to the KCPD. The city, on the other hand, has maintained that it is funding the KCPD above the required minimum level and that the precise mathematics behind the funding are complicated.
In 2022, the Missouri State Legislature passed Senate Bill 678 (SB678) to increase the funding of the KCPD from 20% to 25% of the city's general revenues. This led to a lawsuit filed by Kansas City Mayor Quinton Lucas against the state of Missouri, alleging that the ballot measure would cost the city nearly $39 million. The lawsuit was dismissed by the Kansas City Board of Police Commissioners, who argued that the claim was not ripe for adjudication.
The dispute over the KCPD's funding has also resulted in a standoff between the city and the police board, with the city attorney moving to dismiss the board's lawsuit. The counterclaim states that the law does not contain instructions for calculating the general fund and that the police are not entitled to revenue from certain development tools. Despite the legal battles, the KCPD continues to receive the largest share of the city's budget, with $280.7 million allocated for the upcoming fiscal year, meeting the 25% funding requirement.
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The role of the Missouri General Assembly
The Missouri General Assembly plays a key role in the state's constitutional amendment process. In the case of Amendment 4, it was the Missouri General Assembly that first placed the amendment on the ballot for voters to decide on. This action by the Assembly was a significant step in the amendment process, as it gave voters a direct say in the issue of increasing funding for the Kansas City Police Department (KCPD).
The Missouri General Assembly's role in the amendment process is part of its broader legislative function in the state. The Assembly is responsible for creating and passing laws that govern the state, and in this case, it used that power to propose a constitutional amendment that would impact the funding of a specific police force.
The Assembly's decision to put Amendment 4 on the ballot was influenced by the actions of the Kansas City council, which passed ordinances in 2021 changing the KCPD's budget. The Assembly, with support from Republican Senator Tony Luetkemeyer, sought to stabilize funding for the KCPD and prevent any future attempts by the city council to defund the department.
The Missouri General Assembly's actions on Amendment 4 highlight the interplay between local and state control over police funding. While the KCPD is controlled by the state, the amendment process allowed voters across Missouri to have a say in how Kansas City allocates its funds. This dynamic has been a point of contention, with some arguing that local control over the police department should be restored.
Overall, the Missouri General Assembly's role in Amendment 4 demonstrates the complex interplay between legislative action, voter approval, and local versus state control in the constitutional amendment process. By placing the amendment on the ballot, the Assembly initiated a process that had significant implications for police funding and governance in Kansas City.
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The amendment's reception and controversy
Missouri Amendment 4, also known as the "Allow Legislature to Require a City to Increase Funding without State Reimbursement for a Police Force Established by State Board Amendment," has been a subject of controversy and legal challenges since its proposal in 2022. The amendment sought to increase the minimum required funding for the police force in Kansas City, Missouri, which was established by a state board of police commissioners before 2027.
The amendment was initially approved by voters on November 8, 2022. However, it faced legal challenges, with Kansas City Mayor Quinton Lucas filing a lawsuit in 2023 alleging that the fiscal note on the ballot measure was inaccurate and misled voters. The lawsuit argued that the ballot measure would cost the city of Kansas City nearly $39 million, contrary to the fiscal note's estimate of no additional costs or savings. As a result, the Missouri Supreme Court struck down Amendment 4 on May 1, 2024, and ordered a new election for August 6, 2024.
The amendment was again approved by voters in the August 2024 election, although by a smaller margin. However, the amendment continued to face opposition from various quarters. One of the main controversies surrounding the amendment was the issue of local control over police funding. At the time of the election, Kansas City was the only city in Missouri that did not have local jurisdiction over its police department, and the amendment was seen as solidifying state control over the department. Opponents of the amendment argued that it took decision-making power away from local communities and gave it to state legislators who did not live in the city.
The amendment was also criticized for potentially hindering efforts to reform policing practices and address systemic issues within law enforcement. Some saw it as a Republican-backed measure aimed at blocking any "defund-the-police" movements and ensuring a larger police presence, rather than investing in other community needs or addressing the root causes of crime. The amendment's impact on city finances and the potential burden on taxpayers also sparked controversy, especially given the lawsuit's allegations of misleading fiscal information.
In conclusion, Missouri Amendment 4 generated significant controversy and debate surrounding issues of local control, police funding, and fiscal responsibility. The amendment's approval faced legal challenges and was ultimately struck down by the Missouri Supreme Court, highlighting the contentious nature of the topic and the strong opinions it evoked among Missouri residents and policymakers.
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The amendment's history and legal status
Missouri Amendment 4, also known as the "Allow Legislature to Require a City to Increase Funding without State Reimbursement for a Police Force Established by State Board Amendment", was first placed on the ballot by the Missouri General Assembly and voted on in November 2022. The amendment sought to increase the minimum funding for the Kansas City Police Department (KCPD) from 20% to 25% of the city's general revenues. The initiative was approved by voters in 2022.
However, in April 2024, the Missouri Supreme Court threw out the results of the 2022 election due to an inaccurate fiscal note included in the ballot language. The court ordered a re-election for August 6, 2024, with revised ballot language providing more context and details on the funding increase. Voters approved the amendment once again, although by a smaller margin.
The amendment specifically targeted Kansas City, Missouri, as it was the only city at the time without local jurisdiction over its police department. The KCPD is controlled by the state of Missouri, and the amendment aimed to ensure stable funding for the police force and prevent any attempts to defund the department.
The history of Amendment 4 is marked by legal challenges and controversies. Kansas City Mayor Quinton Lucas filed a lawsuit in 2023, arguing that the fiscal note on the ballot measure was misleading to voters. The lawsuit claimed that the ballot measure would cost the city approximately $39 million, contrary to the fiscal note's estimate of no additional costs. The Missouri Supreme Court agreed with this argument and struck down Amendment 4 on May 1, 2024.
Despite the amendment's approval in the re-election, its legal status remains uncertain due to the ongoing legal challenges and the Missouri Supreme Court's ruling. The amendment's impact is specific to Kansas City, and the outcome of the legal proceedings will determine its enforcement and future implications for police funding and local control in the city.
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Frequently asked questions
Missouri Constitutional Amendment 4 is a legislatively referred amendment that requires Kansas City to increase its funding for the police department from 20% to 25% of the city's general revenue.
In 2021, the Kansas City council passed ordinances changing the police department's budget. Amendment 4 was proposed to ensure that funding for the police department is stabilized and to prevent any future attempts to defund the police.
Voters approved Amendment 4 in 2022. However, the results of the 2022 election were thrown out by the Missouri Supreme Court due to an inaccurate fiscal note included in the ballot language. Voters approved the amendment again in August 2024, although by a smaller margin.
As a result of Amendment 4, Kansas City is required to allocate 25% of its general revenues to the Kansas City Police Department (KCPD). This amendment also solidified state control over the KCPD, as Kansas City does not have jurisdiction over its police department.
