First I heard David Ahrens had an alternate, then Amanda Hall said she had one, then Rebecca Kemble sent one . . . I’m not sure how many others there will be . . . and legistar was useless to try to find info on this item yesterday, it just had a message “This record is currently unavailable.”
From Rebecca Kemble:
Dear Colleagues,
Please consider cosponsoring this second Alternate Resolution regarding reimbursement of legal fees for Chief Koval. I cannot support full reimbursement, and I strongly suspect I am not alone in this sentiment.
Rather than risking the original or first Alternate proposing full reimbursement fail for lack of 15 votes, thus resulting in no reimbursement at all, I am proposing a common sense solution.
This second Alternate is based on:
the structure of the PFC decision;
the language of discretion in both the state statute and our September 20 resolution;
prior precedent set regarding a PFC decision in a Complaint against former Chief Couper in which a portion of his attorney fees and costs were paid.Thank you for your consideration, and please let Lisa know if you would like to be added as a cosponsor.
Rebecca Kemble
District 18 Alder
Madison Common Council
608 347-8097
This language should be close to what makes it into legistar . . . I think . . .
Fiscal Note: The proposed resolution provides authorization to reimburse Chief Michael C. Koval for a portion of legal fees associated with a complaint before the Police and Fire commission. The payment authorized by Council is $15,601. The funds will be appropriated from the 2017 Contingent Reserve. If adopted, the remaining balance in the 2017 Contingent Reserve will be $1,393,780.
Title: Authorizing the City to reimburse legal fees to Chief Michael C. Koval, as allowed under Sec 62.09(7)(e), Wis. Stats., and, amending the 2017 Adopted Operating Budget to appropriate $15,601 from the Contingent Reserve to Direct Appropriations.
Body:
WHEREAS, on August 15, 2016 and August 22, 2016, two Madison residents, Sharon Irwin and Shadyra Kilfoy-Flores, filed complaints with Police and Fire Commission (PFC) against Madison Police Department (MPD) Chief, Michael Koval, for his behavior in regard to incidents that occurred on June 7, 2016 at the City-County Building during and after a meeting of the Common Council; and,
WHEREAS, on March 4, 2017, the PFC issued its Decision and Order in regard to what they deemed to be three separate incidents contained in the complaints; and,
WHEREAS, in the incident in which Chief Koval was alleged to have moved his hand to his service weapon while in a confined hallway space, PFC found arguments in support of the claim to be unconvincing; and,
WHEREAS, in the incident in which Chief Koval was alleged to have pounded on his desk during Sharon Irwin’s pubic testimony in front of the Common Council, the PFC found that the act did not constitute misconduct; and,
WHEREAS, in the incident in which Chief Koval admitted to loudly calling Sharon Irwin “a raging lunatic” two times, the PFC found that the remarks constituted a violation of the MPD Standard of Conduct; and,
WHEREAS, in its Order, based on the evidence presented at the hearing and the scope of their authority to assess remedies, the PFC dismissed the Complaints against Chief Koval with prejudice;
WHEREAS, the PFC dismissal Order was constrained by the limited scope of remedies they are authorized to assess, and did not reflect the issue of whether or not Chief Koval violated policy; and,
WHEREAS, Resolution 16-00697 was introduced on August 23, 2016 and enacted on September 22, 2016, in which the Common Council committed, “to providing the police chief and the fire chief the same protections provided to other police officers and firefighters facing complaints at the PFC, and to exercise its discretion under sec. 62.09(7)(e), Wis. Stats. to reimburse the chiefs for the reasonable costs and fees incurred, if the chief prevails in the proceedings”; and,
WHEREAS, members of the Common Council have engaged in lengthy analysis, reflection on and discussion of the facts of the Complaints, the relevant state statutes, city resolutions, ordinances, the contracts of four separate collective bargaining units within the Police and Fire Departments, the findings of fact and Order of the PFC and the perspectives of many members of the community who support and oppose such payments; and,
WHEREAS, Chief Koval has been billed $21,953 by Pines Bach LLP for costs and attorney fees related to this matter as well as costs and attorney fees related to another Complaint brought against him by Roxanne Stillman, which was dismissed; and,
WHEREAS, the charges associated with the Stillman Complaint are $2,898, leaving a balance of $19,055 related to the Irwin/Kilfoy-Flores Complaints; and,
WHEREAS, the PFC found that Chief Koval violated the MPD Code of Conduct in one of the three incidents alleged in the Irwin/Kilfoy-Flores Complaints; and,
WHEREAS one third of $19,055 is $6,352; and,
NOW THEREFORE BE IT RESOLVED, that pursuant to sec. 62.09(7)(e), Wis. Stats., and Resolution 16-00697 the Common Council exercises its discretion under sec. 62.09(7)(e), Wis. Stats. to authorize the Mayor and Finance Director to reimburse Chief Michael C. Koval in the amount of $15,601 ($21,953 less $6,352), for his attorney fees in this matter.
BE IT NOW FURTHER RESOLVED, that $15,601 is appropriated from the Contingent Reserve to Direct Appropriations-Legal Services.
BE IT FINALLY RESOLVED, that this resolution specifically does not set a precedent that city staff should expect reimbursement for the highest cost representation available.
Just fyi . . . as of 8:42am this morning “This record is currently unavailable.”
