Resolution the City Attorney Doesn’t Want You to See!

Or the council to have a chance to vote on. Someone tell me what the legal risk is here?

I guess we can’t recognize that the family was “harmed” when Tony was shot?

Whereas, the city of Madison, a city with negligible unemployment, bustling parks, beautiful lakes, an extraordinary educational system, and one of the most capable research universities in the world, is a great place to live for many citizens; and

Whereas, the city of Madison is a city with a proud history of inclusion, diversity, peace and acceptance of all people regardless of race, gender, ethnicity, sexual orientation, or religious belief; and

Whereas, while the city of Madison is a wonderful place to live for many, the racial disparities in Madison are alarming. More black men are imprisoned per capita than any place else in the country, one in three black children faces expulsion from school, and only 50 percent of young people graduate from high school in time; and

Whereas, on March 6, 2015, at 6:29pm, 19-year-old, Tony Robinson, a Madison native, was killed in his home on Williamson St by a Madison police officer responding to a 911 call from Tony’s roommates seeking help for their friend. Tony was unarmed; and

Whereas, Tony Robinson’s tragic and untimely death, has heightened community discussion of policing with regard to training, procedures, and implicit bias; use of force standards; dealing with people with mental health or drug and alcohol issues; the rights of civilian witnesses; disproportionate contact with youth of color; and how to build trust and keep all members of the community safe; and

Whereas, this heightened awareness following Tony Robinson’s death spurred the Mayor and the Madison Common Council to establish the Madison Police Department Policy and Procedure Review Ad Hoc Committee to conduct a comprehensive review of MPD policies and procedures, training and culture and identify areas for improvement; and

Whereas, the harm done to the family, friends, and neighbors of Tony Robinson can never be fully cured, but the memory of Tony Robinson’s life and the shock of his death has forever changed the manner in which Madison collectively thinks about race and our City’s place in the national epidemic of police violence against communities of color;

Now Therefore be it Resolved, that the City of Madison declare March 6 to be Tony Terrell Robinson Day, a day to reflect on our community’s progress in addressing the disparities within our City, making Madison a more equitable place for all residents to live, work and play and reaffirming our commitment to racial justice and improving the life chances of people of color in our community.

Marsha initially sent that, with this note:

I would like to adopt this resolution at the Feb 23 CC meeting and present a plaque to the family or their representatives. Let me and Lisa know if you would like to co-sponsor. If you have feedback, please let me know. Please do not hit reply all.

Marsha

Apparently, “Please do not hit reply all” was not heeded and therefore all alders got the responses and sent the email to the press, Joe Tarr at the Isthmus did a story on the opposition – but without seeing the resolution, its hard to know what the opposition is.

I’m hoping Barbara follows through and makes this happen, but I wonder if the city attorney will let her:

While I understand the tragedy of a life lost so young and the grave loss of Tony Robinson to his family, friends and community members; I can not support this resolution. There was also another young man killed in the same neighborhood by police? The conversations about lives lost by deadly force, in this case another young black life lost, should not be silenced. I would much rather see an organized action day, lobby day or the Council to address how to hold community policing policies and procedures accountable. MLK made significant contributions to racial justice , however, in 2016 there are companies/institutions that still resist recognizing MLK Day. Thus, it would be difficult for me to support this resolution. I fear that this action by the Council may have an adverse impact that further divides our city. I fully support initiatives that continue to engage us and challenge us as we wrestle with racial disparities and injustices throughout Madison but I don’t think this resolution is the right course of action.

Barbara H. McKinney
Alder, District 1
Madison Common Council
“Working Together to Build More Compassionate Communities”
608-228-8683

David Ahrens full comments are here. Note, he could make a motion to the resolution to solve part of his concerns.

I will not support this resolution. We establish commemorative holidays after people that are extraordinary or heroic. The death of Robinson was tragic but that does not make it heroic or exemplary. Although his death stimulated discussion and self-examination of the city’s police department as well as the effects of the city’s racial conditions, there are, as yet, no known outcomes from this process. And I doubt that commemorating March 6th will either hasten or improve upon the results. Indeed, it may have the opposite effect.

This resolution could also have an adverse effect on the city’s position in the family’s lawsuit. Although the resolution does not admit municipal culpability it conspicuously omits mention of Officer Kenny and the fact that city and state investigators absolved him of wrong-doing.

Most important though, I do not see the process of establishing the day or commemorating it as one that moves the city from a geo-political entity to that of becoming a community. Whether it passes or fails, it will instead leave too many of our citizens feeling angry and resentful as “losers” or worse. This will only deepen the wounds rather than heal them.

Best,

David

David Ahrens
Alder, 15th District
contact me:
district15@cityofmadison.com
608-334-1156
Sign-Up for my monthly blog post at http://www.cityofmadison.com/council/district15

At 8:48 yesterday, Attorney May sent this email:

From: “May, Michael”
Date: February 8, 2016 at 8:48:36 AM CST
To: All Alders , “Soglin, Paul” , Dept Division Heads DeptDivisionHeads@cityofmadison.com>
Cc: AT ATTY , MY GROUP
Subject: Commenting on Pending Litigation

NOTE: THIS IS INTENDED TO BE A ONE-WAY ELECTRONIC MEMORANDUM. DO NOT REPLY. This is an electronic memo, and is not to institute a discussion of any of the matters in the memo. Do not reply or reply to all. Any response should be by new email to the sender only. Do not forward this email.

———————————————————————————–
We consistently advise City officials and employees not to comment on any matter involving pending litigation where the City is a party. Our office should be consulted on all inquiries. This applies to both employees and elected officials. Statements made publicly may be used against the City in litigation, and may negatively affect the City’s ability to protect its rights.

This applies to all statements, whether verbal or in writing, whether informal or more formal, such as a press release or a proposed City resolution or ordinance.

Thank you for following this advice. Please contact me or DCA Patricia Lauten if you have questions.

Michael P. May
City Attorney
City of Madison
210 Martin Luther King Jr. Blvd., Rm. 401
Madison, WI 53703
608/266-4511
FAX:608/267-8715
mmay@cityofmadison.com

I guess we’ll never know, or get a chance to hear alders talk about this, or give our own input. Alder Rummel sent this by 3:17 yesterday, approximately 5.5 hours later. “After speaking to Atty May I will not be sponsoring this resolution”

This could have been solved in another way. If Tony’s family wanted this, and I’m guessing they did if Marsha was sponsoring it, what harm is now, once again, being done to the family? The resolution could have been tweaked to meet the needs of the city attorney.

The only thing I was able to get out of Marsha was “On the advice of the city attorney I am no longer going to sponsor the resolution.”

Bullied into submission. Silenced. Maybe she or someone else will try again years from now when the lawsuit is over.

Why are they so nervous on this one?