They moved from trespassing ordinances and guards to banning people from the city-county building for violating rules – including having a heater in your office or skateboarding or not wearing shoes or engaging in political or campaign activity. I’m really confused.
Al Matano attempted to explain that as committee members they were in much the same place as the community members. They don’t create proposals, but they are given to them. The mayors proposal was just an idea and they got materials late as well. As a result in the change of the topic, late information, out of respect for transparency, etc – they referred this item to the Homeless Issues Committee over the objections of the Mayor’s and County Executive’s representatives (Sally Miley and Jeff Kostelic)
New Proposal
This was sent out at 4:38 for the 5:15 meeting. And as a community member I didn’t realize it was out there until 20 or 25 minutes into the meeting. Luckily they had plenty of copies. (thank you!)
Behavior policy
Behavior Rules_11_25-1
Purpose:
The City/County Liaison Committee has established this Behavior Policy to ensure that the City/County Building is safe, welcoming and provide equitable access to everyone.Overview:
No individual may engage in inappropriate conduct on the premises of City/County Building (“CCB”).
Inappropriate conduct includes, without limitation by enumeration, conduct or behaviors in violation of the CCB Operating Rules.When possible, staff will first educate individuals about the applicable policies before taking stronger measures to enforce those policies.
Staff Response to Infractions:
All CCB staff are authorized to call 911 and request the Madison Police Department respond to any conduct that threatens the life or safety of any person or that is damaging to property, equipment or facilities.
Minor violations of these rules may result in CCB staff attempting to educate or warn individuals about the policies before enforcing such policies. If an individual does not correct the minor violation, then the Dane County Risk Manager has the authority to request that the person leave for the day.Repeat misconduct or severe offenses (even if a single isolated event) may result in the Dane County Risk Manager requesting that the individual not return to the CCB (except for official business) for a longer period of time. Severe offences include engaging in any physically intimidating or assaultive behavior, or making any threats of violence or unlawful activities. (The CCB has a policy of zero tolerance for threats and acts of violence; any person engaging in such behaviors will be requested to leave immediately).
Procedure:
The Dane County Risk Manager determines that a person has engaged in severe or repeat misconduct:
1. The Dane County Risk Manager will issue, or cause to be issued, a written letter to the individual involved notifying the individual that he/she should not return to the CCB (except for official business) for a period of time. The letter shall indicate the reasons for the ban, the time period of the ban, and the process for appealing the ban.
2. The Dane County Risk Manager will email the Director of the Dane County Department of Administration and all members of the City/County Liaison Committee with a description of the underlying behavior, the name and description of the banned individual. If Director of the Dane County Department of Administration agrees with the reasons for the ban and the length of the ban, then the Dane County Risk Manager will inform all staff involved about the reasons for the ban and the length of the ban. On the other hand, if the Director of the Dane County Department of Administration deems it appropriate to rescind or modify the terms of the ban, the Director of the Dane County Department of Administration shall direct the Dane County Risk Manager to send a modified notice to the banned individual and the City/County Liaison Committee.
Sample Letter:
DATE:
TO:On ____________ at approximately ____________ you were observed on the City/County premises:
_____ INTOXICATED
_____ MAKING THREATS OF VIOLENCE
_____ENGAGING IN ASSAULTIVE BEHAVIOR
_____ IN THE CCB DESPITE BEING BANNED
_____ VIOLATION OF OTHER BUILDING RULES (as detailed below)Because of the behavior listed above, in my role as the designee of the City/County Liaison Committee, I am requesting that you not return to the CCB (except for official business) until the date listed below. If you enter the CCB before the return date listed below, police will be called and you will subject to being arrested for trespassing under Madison City Ordinance 23.07(2).
You may file a written request to reconsider this decision to the Director of the Dane County Department of Administration, 210 Martin Luther King, Jr. Blvd., Room 425, Madison, WI 53703. Your written request must set forth your reasons for reconsideration of the ban. THE BAN FROM THE CCB SHALL REMAIN AS STATED IN THS DOCUMENT UNTIL IT EXPRIRES OR THE CITY/COUNTY LIAISON COMMITTEES ISSUES A WRITTEN DETERMINATION ALTERING THE TERMS OF THIS DOCUMENT.
START DATE: ________________________
RETURN DATE: __________________________________Appeal Procedure:
1. The Director of the Dane County Department of Administration shall hold a hearing within 30 days after receiving a request for reconsideration. The appellant shall be notified at least 10 days before the hearing.
2. At the hearing, the appellant may be represented by counsel, may present evidence, and may call and examine witnesses and cross-examine witnesses of the other party. The Director of the Dane County Department of Administration shall follow the Rules of Evidence provided in the Wisconsin Statutes, 227.08, for administrative proceedings. Dane County staff shall record all of the proceedings on tape.
3. Within 30 days of the completion of the hearing, the Director of the Dane County Department of Administration shall issue a written decision stating the reasons therefore. The Director of the Dane County Department of Administration shall have the power to affirm or reverse the written determination or to remand it to the Dane County Risk Manager with instructions for reconsideration. The decision, except for remand, shall be a final determination for the purposes of judicial review.Non-compliance with Ban – Trespassing:
If a banned individual enters the CCB before the return date listed in the ban letter, police will be called and individual may be arrested for trespassing under Madison City Ordinance 23.07(2).
They also created a poster.
Questions that arose at the meeting were:
Does this apply to all violations of the rules? That needs more explanation.
If you are there for a meeting can you show up 15 minutes early or 3 hours, or somewhere in between and who decides.
Who is in charge of enforcing these CCB Operating Rules_(November_25_2013_DRAFT-1)?
What about behaviors that are not in the policy – sexual harassment?
Does this apply to employees as well?
There is no rules against being intoxicated in the city-county building, just a ban on alcohol, so how does that work?
Where are the rules and how will people know what they are?
There’s more, but you get the point. There is work to be done.
One major frustration I have is that many of the complaints from the employees are about people smelling, trash, their belongings, sleeping outside the building, sitting in the chairs, using the building as a homeless shelter, cursing, lice, bed bugs, and the ever-popular FEAR – and this won’t fix any of that!
Also, one of the big offenders was the person I worked for 16 months to get services – that finally I signed a petition for involuntary commitment on so that they could get services. If we are talking about people with this many issues a security guard or new policy is not the solution. Services are what is needed.
Anyways, watch for the Homeless Issues Committee meeting (2nd Tuesday?) and the next City-County Liaison Committee meeting on the 16th.
