Let’s count the ways he is petulant, condescending, belligerent, disrespectful of the people WE elected – and by extension, to us, the public he is allegedly supposed to serve. He all but says that while he is already doing everything they recommend, he doesn’t believe they should be telling him what to do and he won’t implement their suggestions, but that he will wait for OIR and the Ad Hoc Committee (about which he complains as well).
Here’s the memo . . . MPDResponsetoCCEC
He seems to be talking out of both sides of his mouth. He bends over backwards to say how he’s already doing everything they are recommending but that he doesn’t have to listen to them.
He also seems to think he’s a policy maker, or their attorney in some of what he says.
I really wish we had a police chief that cared more about the underlying matters and policies than how it makes him look or how it encroaches on his power. Imagine if he had written a 9 page memo about the policies and the pros and cons of various approaches and actually engaged in the discussion instead of posturing and politicking.
In nine pages the Chief accomplishes the following:
Page 1
– First, complain about the Ad Hoc Committee formed by the council.
“However, the Ad Hoc Committee has elected to actually hear very little from MPD directly.”
– Give the council policy advice on what they can and can’t do.
“This seems, at a minimum, to encroach on the mission of the Ad Hoc Committee and the work that OIR is being paid to do. Also, the Subcommittee recommendations are anything but short-term.”
– Then, refuses to get to work on their recommendations before OIRs work is done in case the committee he criticizes above differs on their recommendations.
“Indeed, some of the recommendations – even if fully embraced by MPD and pushed forward starting today – could not be implemented before the anticipated conclusion of OIR’s work (implementing a formal early intervention system, for example). And if OIR’s conclusions/recommendations conflict with the Subcommittee’s, it is unclear to me which takes precedence.
MPD will continue to explore improvements in all aspects of our operations. However, I feel that the forthcoming OIR report and any recommendations from the Ad Hoc Committee should be the basis for discussions about MPD moving forward.”
Page 2
– Tells the committee they are not qualified to make recommendations
“I have been impressed with the professionalism, real-world experience and expertise of OIR staff, and it appears to me that OIR is in a better position to provide informed recommendations than the CCEC Subcommittee.”
– Gives them legal advice about what they can and can’t tell the police chief to do:
“Wisconsin law provides that authority over police departments is balanced between the Chief of Police, the Mayor, the Common Council and the Police and Fire Commission. How these competing authorities intersect is not always clear, and the City Attorney’s 2005 memo (referenced in the Subcommittee’s draft recommendation document) does an excellent job of reviewing the topic. The memo suggested that the authority of the Council to direct police operations would need to be evaluated on a case- by-case basis.”
– Tells the council they are “unwise”
“I feel that it is unwise for the Common Council to attempt to direct police operations as contemplated in the Subcommittee’s recommendations.”
– Gives the city council personnel/political advice.
“The State of Wisconsin has a long tradition of insulating policing from political influence. This philosophy is implemented through 62.13 of the Wisconsin Statutes. To my knowledge, Madison’s Common Council has never sought to direct police operations through a written order. Should this occur, and the Common Council seek to direct police operations, a troubling precedent will have been set. I fear that this would serve as a significant deterrent to future potential Madison Police and Fire Chiefs, as prospective candidates will be unwilling to have their authority subject to undue political influence. It would also open the door to continued political influence of MPD and MFD.”
– Says he can’t do what they are telling him to do – it’s too hard or claims its unclear.
“Also, the scope and duration of a Common Council directive is unclear. How long is the written order effective? For the term of that Council? Forever? Take the example of the Common Council directing that certain language be inserted into a Madison Police Department Standard Operating Procedure (SOP). If at some point – a month later; a year later; a decade later – the Chief determines that the language needs to be changed, does he or she have the authority to do so? Or does the Chief need to seek Common Council approval to change the language? If the latter is the case, then it follows that the Department would need to track which words in its SOP’s were drafted through the traditional process and which were directed by the Common Council. This seems unworkable.”
– Says he won’t “endorse” certain provisions. (Interesting political language)
“So, I cannot endorse any recommendation that seeks to “direct” Madison Police Department operations, particularly to the degree that the Subcommittee’s draft recommendations do.”
And after all of that, he goes through item by item explaining that they already do much of what the report is requesting. Go figure. Except, of course, where he says he’s going to give his updates to the Public Safety Review Committee instead of the council.
My absolute favorite part tho, is this:
Page 4 – Action Item 3 – says they have already done it and then has this IRONIC comment about the Code of Conduct he himself violated:
“Note that the Code of Conduct contains the critical, values-based expectations of MPD employees. While many SOP’s simply outline procedures, the Code of Conduct reflects a higher level of expectation: “Our Code of Conduct and Core Values define us and directs our behavior; thus they require strict adherence. Our Standard Operating Procedures detail the means to perform our duties in a reasonable and lawful manner.” The Code of Conduct is only eight pages, incorporating MPD’s mission statement, core values and twenty-two of the most critical expectations of employees. The inclusion of the Duty to Intercede in the Code of Conduct reinforces its importance to the organization.”
The chief concludes with this:
As indicated, I feel that the forthcoming OIR report should be the basis for discussions about MPD and any potential operational changes. I also cannot endorse any effort by the Common Council to direct MPD operations. The Subcommittee recommendations generally reflect issues already addressed by MPD in existing SOP, training, operations or planning.
I think until we get to the bottom of why the council (and public) feel he is not doing these things and he thinks that they are, we have a problem. Of course, the Chief seems to intend to fully ignore this report and continues to not engage in any discussion except through the media. Of course, given his conduct when he does show up, perhaps that might be for the best.
Belligerent and petulant. How can we have discussions about policing in our community when this is what our leader of the police department does? I wonder what excuse he’ll have when the OIR and Ad Hoc Committee reports are done?
