Catching Up: Independent Civilian Oversight of the Madison Police

July 27, 2020 10:02 am

Alders Shiva Bidar, Donna Moreland and Rebecca Kemble will have their 8th meeting today, with another meeting scheduled for Wednesday at 5:00.

WHAT WILL THEY TALK ABOUT TODAY?

Feedback they have gotten
Their draft ordinance (7/23 version)
A budget resolution (no draft yet)
Independent Monitor job description and job posting

- City drafted materials
- Other city positions
- Other city’s recruitment

List of community organizations to nominations for the Civilian Oversight Board and a timeline for nominations (no materials)

CURRENT ORDINANCE DRAFT

They are on their 4th draft. Here are the various versions:

The key provisions in the 10-page ordinance as drafted are:

Independent Monitor

Creates the Office of Independent Monitor for providing civilian oversight of the Madison police to build and strengthen trust in the MPD throughout the community.
Independent Monitor is full-time managerial employee, but is recruited, hired and supervised by the Police Civilian Oversight Board and Executive Committee.
The Independent Monitor will hire, supervise and manage professional and support staff.
Monitor qualifications include extensive knowledge of civilian oversight of policing, “best practices” in policing, civil rights and equity.
Monitor shall have never been employed by the MPD, or be an immediate family members of current MPD or worked as a law enforcement officer in WI in the past 10 years.
Council Office and Human Resources will assist in recruiting and appointing the Independent Monitor
The City Council will confirm the appointment of the Independent Monitor
Monitor shall remain sufficiently independent from MPD and shall not be physically located in same office as MPD personnel.
City staff and administrators shall not attempt to influence the Independent monitor
The Monitor will monitor the MPD’s compliance with its Standard Operating Procedures on an ongoing basis, including the recommendations of the Ad Hoc Police Policy and Procedure Review Committee, the OIR report and MPDs stated goals and mission statement.
The Monitor can conduct independent investigations and audit programs and activities, use-of-force incidents and investigations of personnel.
The Monitor can make recommendaitons to the Chief of Police on administrative action, including discipline of personnel.
The Monitor can make referrals to the Police and Fire Commission for disciplinary action.
The Monitor can appoint independent council for aggrieved persons filing a complaint with the PFC if the complaint has arguable merit.
The Monitor will investigate possible misconduct when requested by the board.
If a complaint is filed with the MPD or PFC the Independent Monitor will investigate if it is against the Chief of Police or high-ranking MPD command staff.
The Independent Monitor can make recommendations regarding policy issues of concern to the community, the Board, the Chief, MPD personnel, Mayor or Common Council.
The Monitor will provide input to the Oversight Board’s annual review of the Chief of Police.
The Monitor will create a complaint process, conduct community outreach and staff the civilian oversight board.
The Monitor will recruit and hire their own staff with restrictions on hiring former MPD staff, family members of MPD staff or people have serves as a law enforcement officer in WI in the past 10 years.
The Monitor will have unfettered access to MPD records and can issue subpoenas.
The Monitor will issue reports and policy recommendations, including an annual report, ongoing Public Status Reports and other reports.
The Monitor can retain its own independent council and is expected to treat all documents as confidential when required to do so.
There is more language about the Monitor’s relationship to MPD and how they will share information and work together.

Civilian Oversight Board

Creates the Board, gives it power to hire and supervise the Independent Monitor and make recommendations on police discipline, use of force and other policies and activities including rules, training, hiring, community relations and complaint processes.
The Board will have 11 people and 2 alternates
Members shall be from various communities including but not limited to African Amercian, Asian, Latino, Native American and LGBTQ communities.
Members will be diverse in terms of age, socioeconomic status, gender, geographic residence and work experience.
Members should include people from organizations in the fields of mental health, youth advocacy and AODA and members with arrest or conviction records.
Members will be nominated by community based organizations that have an interest in civil rights, immigrant rights, disability rights/mental health, racial equity and social justice and have an interest in public safety administration.
There will be a list of designated organizations and it will be updated every 2 years.
20-40% of the members will have lived experience with homelessness, mental health, substance abuse and/or arrest or conviction records.
No member can be a former MPD law enforcement officer or related to a current MPD officer or have worked as a law enforcement officer in WI in the past 10 years.
Members will receive a stipend.
Appointments are made by the Mayor and confirmed by the Common Council.
Members must be a resident of the City of Madison when appointed and can’t move outside of Dane County for their appointment to remain in effect.
Members are appointed for 4 years, except initially 3 members will be appointed for 4 years and 5 members will be appointed for 2 years (includes the alternates)
Members will have training (to develop expertise in police oversight and community policing)
They will consider providing childcare, reimbursements and other financial support.
The Monitor will be the Executive Secretary
The will be an Executive Committee to provide feedback and direction to the Monitor between meetings.
The Board will create a policy and procedure manual.
The Board will meet at least quarterly.
The Board’s responsibilities include
- Appointing and Supervising the Independent Monitor
- Evaluating the effectiveness of the Monitor
- Conducting an Annual Reivew of the Chief of Police
- Conduct Community Outreach
- Make Policy Recommendations
- Issue and Annual Report
- Has the power to issue supoenas
The board can review and make recommendations about Police and Fire Commission duties, but cannot impose discipline, reverse disciplinary decisions or mandate any action or decision by the PFC.

Questions they have highlighted to discuss in the ordinance include:

What ordinance chapter to place it in
Degree of relationship of the monitor with other MPD employees
Confirming language regarding Board’s ability to direct the Independent Monitor is what the workgroup intended
Confirming language about process for requesting MPD investigation
Clarifying how they make referrals to PFC for disciplinary action
Clarifying any parameters of the City paying for attorney’s for individuals, other cities fund independent council for Board and Monitor, but not individuals with cases before a Police Commission
Need to define “high-ranking MPD command staff”
Confirm staff for the Independent Monitor’s office includes administrative support and data analyst in addition to Independent Monitor, as the minimum.
Discuss if there are documents the Monitor would not have access to because disclosure is prohibited by law.
Confirming Independent Council reference is for the Office of the Independent Monitor
Confirm March 15th as the date the Independent Monitor would issues its Annual Report
Whether to include Denvern Ordinance language on confidentiality and privilege.
Clarifying how soon the Monitor, MPD and Chief of Police need to provide each other with notice of complaints, investigations, appeals and findings.
Another clarification about records the Monitor can access.
Whether the alternate can serve on the Executive Committee
Clarifying what qualifies people for membership on the Board, do they need to have someone representing each category listed?
Clarify what it means to prohibit people “related to current or former MPD law enforcement officer”
Who sets the stipend for the members of the board
Determining if someone can be reappointed if they no longer live in Dane County.
Specify what annual training will be provided
Clarifying what role City Attorney and other staff would play in staffing the Civilian Oversight Board
Potentially setting a maximum number of people who can serve on subcommittees
What should be in the Board’s required procedural manual
Clarifying the Annual Review of the Chief of Police language
Discussing how the Board’s Annual report differs from the Independent Monitor’s Annual Report