FPC POLICIES AND STANDARDS COMMITTEE

200 E. Wells Street City of Milwaukee Milwaukee, Wisconsin 53202 Meeting Minutes - Final FPC POLICIES AND STANDARDS COMMITTEE CHAIR: NELSON SOLER VICE-CHAIR: EVERETT COCROFT Commissioners Angela McKenzie, Steven DeVougas, Ray Robakowski, and Anna Wilson Executive Director: Griselda Aldrete Program Assistant I: Elizabeth Moore (414) 286-5185 Program Assistant I: Jasmine Agrait (414) 286-5047 Fax: (414) 286-5050, Email: fpc@milwaukee.gov Thursday, July 2, 2020 5:30 PM Teleconference Amended Agenda - Meeting Start Time This meeting will be streamed on Live Stream 2. Those wishing to view the proceedings are able to do so by clicking on the following link: http://milwaukee.granicus.com/MediaPlayer.php?publish_id=3 The meeting start time has been moved to 5:30p.m. 06/29/2020 4:34p.m. The Policies and Standards Committee will meet on the following items: 1. FPC20202 Resolution to approve May 28, 2020 meeting minutes A motion was made by Raymond Robakowski, seconded by Angela McKenzie, that this Fire And Police Resolution be ADOPTED. This motion PREVAILED by the following vote: Aye: 4- McKenzie, Cocroft, Soler, and Robakowski No: 0 Excused: 2- Wilson, and DeVougas City of Milwaukee Page 1 FPC POLICIES AND STANDARDS Meeting Minutes - Final July 2, 2020 COMMITTEE 2. FPC19242 Resolution to amend Standard Operating Procedure 765 - Asset Forfeiture Public Comment -Paul Mozina Commissioner Everett Cocroft reiterated his requested changes regarding the Standard Operating Procedure. `-He does not agree seizing people's money for $1000.00 because it can lead to profiling. He would like to eliminate that or raise it to $5000.00. -He believes the definition should be spelled out and it should be in the policy that the Milwaukee Police Department does not do state cases anymore. -Also has an issue with there not being any state cases because none of the Asset Forfeiture money goes back to the public schools. -Asset Forfeitures going to community organizations and how it would be better for it to be advertised so that they would be aware how to apply for them other than just the districts. He would like for that to be added as well. Commissioner Angela McKenzie also reiterated her requested changes regarding the Standard Operating Procedure. She still stands by her points made in the last Policies and Standards meeting May 28, 2020. -To ensure the issue of jurisdiction was kept in the policy. The 2016 version of SOP 765 Asset Forfeiture had information about jurisdiction. Wants that same format in the new version of the SOP 765 Asset Forfeiture. -Did not see HIDTA in the policy where it was the find. Would like for it to be in the policy. -Would like certain things defined that she had mentioned in the last Policies and Standards meeting May 28, 2020. -She also said it was important for the Fire and Police Commission website to note when there is this Asset Forfeiture what happens to the money and how is it dispersed. A portion is dispersed to the community and the other to the Police Districts but there is something that is delineated where the Milwaukee Police Department is aware of but the community is not. There were contradictions within the language of the updated SOP vs. the federal. She also has an issue with the amount of money being so low and agrees with Commissioner Everett Cocroft and public comment made by Mr. Paul Mozina. To conclude, she still stands by her points made in the last Policies and Standards meeting and is wanting the certain amendments to the SOP as well as the posting of where the Asset Forfeitures are going on the Fire and Police Commission website. The Committee was yet to receive the revised Standard Operating Procedure from Milwaukee Police Department with the requested changes. The Chair questioned the Milwaukee Police Department Chief Of Staff Nick DeSiato as to why the revised SOP was yet to be given to the Board. DeSiato noted that the Board had agreed to gather the requested changes and provide those to the Milwaukee Police Department (MPD) so that they can implement the requested changes and provide the revised SOP. It was never clarified as to who would be providing the requested changes to the Milwaukee Police Department (MPD). The Chair then made it clear to Milwaukee Police Department command staff that the commissioners will compile their requests and email them to the Chair. Those requests will then be routed to the Executive Director City of Milwaukee Page 2 FPC POLICIES AND STANDARDS Meeting Minutes - Final July 2, 2020 COMMITTEE Griselda Aldrete. The Executive Director will then send the requested changes to the command staff to implement the changes and provide the Committee with a revised SOP at the next Fire and Police Commission Policies and Standards meeting scheduled for July 30, 2020. The Chair also requested for MPD Staff to provide the revised SOP a week before the next scheduled Policies and Standards meeting July 30, 2020, to ensure that all of the requested changes are documented. This Fire And Police Resolution was HELD TO CALL OF THE CHAIR City of Milwaukee Page 3 FPC POLICIES AND STANDARDS Meeting Minutes - Final July 2, 2020 COMMITTEE 3. FPC20176 Resolution to amend Standard Operating Procedure 453 - Officer Involved Death and Other Critical Incidents At the last Fire and Police Commission Policies and Standards Committee meeting in May 28, 2020, the president of the Milwaukee Police Association had sent a letter to the Board regarding concerns and objections to this Standard Operating Procedure. The Chair asked the Milwaukee Police Department whether they had cleared the objection with the Union and report back to the Committee as requested. Assistant Chief Regina Howard brought forward as what was stated at the last Policies and Standards Committee that she had provided the original meet and confer letter with the Milwaukee Police Association was on February 15, 2019. The Milwaukee Police Department had formally met with the president at that time of the Milwaukee Police Association and the City Attorney on April 25, 2019. In addition, Inspector Gordon had an additional conversation with the Union president in September of 2019 prior to the policy being sent to the Fire and Police Commission. The Milwaukee Police Department had met their requirement for the meet and confer with the Union. The Chair reiterated that he had requested specifically that because the Board had received a letter from the union with the date after September 2019 that Assistant Chief Regina Howard or someone from the Milwaukee Police Department would make an effort to meet with the Union. The Chair questioned to the Milwaukee Police Department whether a meeting had occurred from the last Policies and Standards meeting to the day of this meeting. Again, Assistant Chief Regina Howard states she did not do a second meet and confer with the Union. She sent the email as requested by the Milwaukee Police Association so that she could confirm and show that they met the meet and confer obligation. That is what the Milwaukee Police Association had requested. The head of the Milwaukee Police Association has changed since the time they had originally had done the meet and confer and during the time that this Standard Operating Procedure had came up again. The Milwaukee Police Department did provide the Milwaukee Police Association with the information that they had requested and she had a conversation with the president of the Milwaukee Police Association regarding the meet and confer requirement. Commissioner Angela McKenzie then reiterated her understanding from the last meeting that as the commissioners of this committee had requested the Milwaukee Police Department for a second meet and confer meeting with the Union. She still asks that a meeting occur because the new president of the Milwaukee Police Association has objections and the commissioners wanted that to be clarified with the present staff. Assistant Chief Regina Howard confirmed that the Milwaukee Police Department (MPD) will do a second meet and confer with the Milwaukee Police Association regarding this Standard Operating Procedure. The Chair once again reiterates the Committee's request to the Milwaukee Police Department (MPD) for a meeting to occur by the next Polices and Standards Committee meeting scheduled for July 30, 2020. This Fire And Police Resolution was HELD TO CALL OF THE CHAIR City of Milwaukee Page 4 FPC POLICIES AND STANDARDS Meeting Minutes - Final July 2, 2020 COMMITTEE 4. FPC20205 Resolution to amend Standard Operating Procedure 460 - Use of Force Professor Kimberly Hassle brought the presentation of Memorandum for suggested language from received input from the community for this Standard Operating Procedure as point for discussion Commissioner Everett Cocroft requested the following changes to this Standard Operating Procedure (SOP): -He read Professors Kimberly Hassle Memorandum. Thought it was very insightful and informative. He recommends that the Board goes forward with the Use of Force changes and use the “Eight can’t wait”. -Mentioned Alderman Stamper's resolution of “I can’t breathe” and add this in the Use of Force policy The Chair proposes to integrate the changes recommended from Professor Kimberly Hassle along with the input of the community and then send to Assistant Chief Howard to amend the Standard Operating Procedure and provide the SOP to the Board a week before the next meeting so that the Board can vote on it. The Committee will compile the memorandums and send to Milwaukee Police Department (MPD) and the Milwaukee Police Department (MPD) can start to integrate to this policy. Public Comment -Vaun Mayes Assistant Chief Howard will gather the training materials and will forward by email to the commissioners. This Fire And Police Resolution was HELD TO CALL OF THE CHAIR City of Milwaukee Page 5 FPC POLICIES AND STANDARDS Meeting Minutes - Final July 2, 2020 COMMITTEE 5. FPC20206 Resolution to amend Standard Operating Procedure 910 - Civil Disturbance and Crowd Management Commissioner Everett Cocroft suggestion: -As stated before, during a pandemic if you indiscriminately spray them with OC gas or smoke even people are going to be coughing, taking their masks off and gagging and they will be spreading the disease. So specific to people who are the agitators they should be specifically sought out instead of taking out the whole crowd of the peaceful demonstrators. The Chair addressed the following question to Milwaukee Police Department (MPD): What triggers the police to use rubber bullets? When is it appropriate in the process to use rubber bullets? Assistant Chief Regina Howard's response to the question was that it may be under the Milwaukee Police Department (MPD) Tactical Enforcement Unit. She did not have that SOP before her to answer the Chair’s question. The Chair will give the Milwaukee Police Department (MPD) an opportunity to look for that. The Chair deferred to approve the proposed changes until they see the SOP so that the Board can make the adequate changes that are align with the other two that the Board is making. Will refer this to the July 30th meeting that the Board gets that SOP so that they can review it in light with the SOP Civil Disturbance and Crowd Management. This Fire And Police Resolution was HELD TO CALL OF THE CHAIR 6. FPC20212 Communication from the Community Collaborative Committee Presentation Fred Royal and Tammy Rivera This Fire and Police Communication was PLACED ON FILE Motion to Adjourn The Board may receive a motion to convene in closed session in City Hall, room 301-B, 200 East Wells Street, pursuant to Section 19.85 (1)(d) Wis. Stats. to consider strategy for crime detection or prevention. The Board may then reconvene in open session concerning any such item following the closed session. City of Milwaukee Page 6 FPC POLICIES AND STANDARDS Meeting Minutes - Final July 2, 2020 COMMITTEE In the event that members of the Fire and Police Commission who are not members of this committee attend this meeting, this meeting may also simultaneously constitute a meeting of the Fire and Police Commission or any of the following committees: Testing and Recruiting, Policies and Standards, Research, Complaints and/or Discipline. Whether a simultaneous meeting is occurring depends on whether the presence of one or more of the Fire and Police Commission members results in a quorum or negative quorum of the Fire and Police Commission or any of the above committees, and, if there is a quorum of another committee, whether any agenda items listed above involve matters within that committee's realm of authority. In the event that a simultaneous meeting is occurring, no action other than information gathering will be taken at the simultaneous meeting. Upon reasonable notice, efforts will be made to accommodate the needs of persons with disabilities through sign language interpreters or auxiliary aids. For additional information or to request this service, contact the Fire and Police Commission ADA Coordinator at 414-286-5072, 414-286-5050 (fax), 414-286-2960 (TDD), or by writing to the Coordinator at Fire and Police Commission, Milwaukee City Hall, Room 706A, 200 East Wells Street, Milwaukee WI 53202. 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