With the Common Council vote with BLM or to protect the status quo?

The Civilian Oversight Board and Independent Monitor are up for a vote at the common council tonight, when we get to find out if “Black Lives Matter” is rhetoric, or if we are ready for real reform.Don’t get me wrong, the four votes tonight is a step towards making things right, the budget will be another huge opportunity.  They’ve also missed many opportunities.  However, this is a pretty big vote.   It won’t give complete community control over police, but its more than a baby step in the right direction.

WHAT’S ON THE AGENDA?

Independent Monitor and Civilian Oversight Board

• Adopting the Final Report of the Alder Workgroup to Develop Logistics & Operational Details for Madison Police Department Independent Civilian Oversight.

• Amending the 2020 Operating Budget, creating the Office of the Independent Police Monitor and creating of the position of Independent Police Monitor as a 1.0 FTE position in CG21, Range 18, and other positions, providing funding for a Police Civilian Oversight Board, and establishing funding support for individuals bringing complaints before the Police and Fire Commission in response to the recommendations of the Madison Police Department Policy and Procedure Review Ad Hoc Committee.

• An Ordinance creating Sections 5.19 and 5.20 of the Madison General Ordinances establishing the Office of the Independent Police Monitor and the Police Civilian Oversight Board.

• Amending MGO 3.54(9)(b) to add the position of Independent Police Monitor as a Compensation Group 21 level employee.

And this no-brainer

• Creating Section 5.16 of the Madison General Ordinances to prohibit Madison Police Department employees from intentionally using carotid or neck restraints.

HOW DID COMMITTEES VOTE?

The items about the Civilian Oversight Board and Independent Monitor were referred to the following committees:

• Finance Committee
• Public Safety Review Committee
• Equal Opportunities Commission
• Common Council Executive Committee

Here’s how they voted

• Finance Committee
  • Final Report of Committee – A motion was made by Carter, seconded by Harrington-McKinney, to Return to Lead with the Recommendation for Approval to the COMMON COUNCIL EXECUTIVE COMMITTEE. The motion passed by voice vote/other.
  • Amending the 2020 Budget – A motion was made by Carter, seconded by Harrington-McKinney, to Return to Lead with the Recommendation for Approval to the COMMON COUNCIL EXECUTIVE COMMITTEE. The motion passed by voice vote/other.
  • Ordinance creating the Office of the Independent Monitor and Police Civilian Oversight Board – “this record is currently unavailable” – hmmmmm . . . .
  • Making the Independent Monitor a comp group 21 (department head) employment status – A motion was made by Carter, seconded by Harrington-McKinney, to Return to Lead with the Recommendation for Approval to the COMMON COUNCIL EXECUTIVE COMMITTEE. The motion passed by voice vote/other.
• Public Safety Review Committee
  • I don’t know why this isn’t showing up in legistar. 

As chair of the Public Safety Review Committee I asked the staff to make sure our recommendations were in there and she said:

I entered them on Thursday but I am talking with Lisa.

And then later yesterday:

They were entered but I didn’t know I need to put the roll call vote as well in the cc note field.  This is something new and now I know!  All good, it is entered and done.

But apparently not.  I don’t blame the staff of the PSRC, I blame the person “helping” and “training” her.

• • PSRC passed all four.  2 passed unanimously, 2 had some “no” votes.  But they passed with the overwhelming majority in favor.  The only no votes were Alder McKinney, Al Rickey (former MPD) and Alder Christian Albouras may have voted no on one of the items.  They were roll call votes and council staff should have noted the votes in their updates below.
  • On the CCEC agenda 2 days after PSRC voted, PSRC votes are noted as “pending” not sure why EOC votes were noted but not PSRC?

• Equal Opportunities Commission
  • There is no info in legistar, but I presume they passed it.  There is this info on the CCEC Agenda
    • Final report – Equal Opportunities Commission Recommended Approval (8/13/20)
    • Ordinance – Equal Opportunities Commission Recommended Approval (8/13/20)
    • Personnel – Equal Opportunities Commission Recommended Approval (8/13/20)
    • Budget – Equal Opportunities Commission Recommended Approval (8/13/20)
• Common Council Executive Committee
  • There is no info in legistar, but this was sent to the common council.  Time spend writing this email could have been spent putting it in leglistar.  And letting us know how Equal Opportunities Commission voted.

From: Veldran, Lisa
Sent: Monday, August 31, 2020 2:30 PM
To: All Alders; Rhodes-Conway, Satya V.
Cc: Haas, Michael R; Bottari, Mary; Wahl, Victor; Paulsen, Marci
Subject: CCEC Recommendations: Resolutions/Ordinances Related to Police Monitor and Civilian Oversight Board

I thought people would be interested in seeing the final votes from the 8/28/20 CCEC special meeting now vs. tomorrow on the exclusion list.

1. 1. 1. 84.         Legislative File No. 61667– Adopting the Final Report of the Alder Workgroup to Develop Logistics & Operational Details for Madison Police Department Independent Civilian Oversight.

Recommendations from the Floor:

• • • • 8/26/20 Public Safety Review Committee Recommended Approval
      • 8/28/20 CCEC (Lead Referral) – Motion to adopt the resolution FAILED: 3:3:2 – Ayes: Abbas, Kemble, Tierney; Noes: Harrington-McKinney, Henak, Skidmore; Non-Voting: Carter, Bidar

1. 1. 1. 85.         Legislative File No. 60617 – Amending the 2020 Operating Budget, creating the Office of the Independent Police Monitor and creating of the position of Independent Police Monitor as a 1.0 FTE position in CG21, Range 18, and other positions, providing funding for a Police Civilian Oversight Board, and establishing funding support for individuals bringing complaints before the Police and Fire Commission in response to the recommendations of the Madison Police Department Policy and Procedure Review Ad Hoc Committee.

15 Votes Required

Recommendations from the Floor:

• • • • 8/26/20 Public Safety Review Committee Recommended Approval
      • 8/28/20 CCEC (Lead Referral) – Motion to adopt the resolution FAILED: 3:3:1:1 – Ayes: Abbas, Kemble, Bidar; Noes: Harrington-McKinney, Henak, Skidmore; Absent: Tierney: Non-Voting: Carter

1. 1. 1. 86.         Legislative File No. 61593 – An Ordinance creating Sections 5.19 and 5.20 of the Madison General Ordinances establishing the Office of the Independent Police Monitor and the Police Civilian Oversight Board.

Recommendations from the Floor:

• • • • 8/26/20 Public Safety Review Committee Recommended Approval
      • 8/28/20 CCEC (Lead Referral) – Motion to adopt the ordinance FAILED: 3:3:1:2 – Ayes: Abbas, Kemble, Bidar; Noes: Harrington-McKinney, Henak, Skidmore; Absent: Tierney; Non-Voting: Carter

1. 1. 1. 87.         Legislative File No. 61595 – Amending MGO 3.54(9)(b) to add the position of Independent Police Monitor as a Compensation Group 21 level employee.

Recommendations from the Floor:

• • • • 8/26/20 Public Safety Review Committee Recommended Approval
      • 8/28/20 CCEC (Lead Referral) – Recommend to Adopt – Report of Officer – Roll Call Vote -5:1:1:1 – Ayes: Abbas, Harrington-McKinney, Kemble, Henak, Bidar; Noes: Skidmore; Absent: Tierney; Non-Voting: Carter

WHAT DID THE PUBLIC HAVE TO SAY?

Public Safety Review Committee

At Public Safety Review Committee we once again had some of the largest amount of registrations ever.  Here’s the latest registrations information I received as the chair, there may have been additional registrations after this – Copy of RegistrantsReport-PriorMeetings-2 (These were almost an hour into the meeting)

1 – Amending the Budget – 98 Support, 0 opposed

2 – Final Report – 88 Support, 0 opposed

3 – Ordinance – 89 Support, 0 opposed

4 – Personnel item – 88 Support, 0 opposed

We had 137 total registrants at the meeting.

Common Council Executive Committee

They had a HUGE turnout, especially for a 5 hour meeting at 4:30 on a Friday afternoon!  Here’s their registrations – PublicComment2DRegistrantsReport5

4 – Final Report – 843 Support, 13 opposed*

5 – Ordinance – 822 Support, 44 opposed*

6 – Personnel item – 797 Support, 43 opposed*

7 – Budget amendment – 791 Support, 39 opposed*

1230 total registrants

• Counts district residents and removes duplicate votes

WHO WILL BE ON THE CIVILIAN OVERSIGHT BOARD AND HOW?

That info is in the report, so when they are approving the report and the resolution that goes with it, they are approving this:

The approval process was updated to indicate this is how the people will be selected:

BE IT FINALLY RESOLVED, that the initial members of the Board shall be selected through the following appointment and confirmation process:

1.                     Common Council staff will issue and distribute a call for applications and nominations on September 2, 2020 which shall include a deadline of September 16, 2020 for the return of applications and deadlines.

2.                     No later than September 23, 2020, Mayoral and Council staff shall compile a spreadsheet containing demographic data regarding the individuals who have applied or been nominated as Board members.  At the Mayor and Council Leadership meeting on September 23, 2020, the Mayor and Council Leadership shall jointly select one nominee from each of the 9 nominating organizations to be forwarded for Council confirmation.

3.                     From the remaining list of applications and nominations, the Mayor shall select a regular Board member and an alternate Board member for Council confirmation.

4.                     Mayoral and Council staff shall perform a gap analysis regarding the characteristics and qualifications of Board members required under MGO § 5.20 and shall forward to Common Council Members by September 28, 2020, a ballot listing the names of individuals from the remaining list of applicants and nominees who would create the diversity required in the ordinance.

5.                     Council Members shall select their preferences, using rank choice voting, for one regular Board member and one alternate Board member to Council staff.  The votes shall be tallied by Common Council staff and Mayoral staff.

6.                     The names of the 13 regular and alternate Board members that have been nominated by the Mayor and Common Council shall be provided to the Common Council Executive Commitee for its consideration at its meeting of September 29, 2020.

7.                     The names of individuals approved by the Common Council Executive Committee shall be forwarded to the Common Council for a confirmation vote, under suspension of the rules, at its meeting of October 6, 2020.

WATCH FOR FURTHER ORDINANCE AMENDMENTS

Right now I can’t see the ordinance, the message says its currently unavailable.  I suspect there may be updates to it?  Or amendments or alternates coming.

WHAT WILL THE COUNCIL DO?

This vote should be a good indication if we have any chance that the council will have anything close to a reparations budget.  Will they take a step towards defunding the police? Looks like there are 4 or 5 votes against – Barbara McKinney, Zachary Henak, Paul Skidmore for sure.  Sheri Carter?  Michael Tierney?  Christian Albouras? Others?  The council only needs 11 votes to pass three of the items.  The budget amendment is a 15 vote items.  Tune in tonight (items 84 – 87) to find out!