Mountain Bay Metropolitan Police Oversight Board

MOUNTAIN BAY METROPOLITAN POLICE OVERSIGHT BOARD MEETING MINUTES March 28, 2024 ffi 1. Calllolrder: Village Clerk Elizabeth Felkner called the meeting to order at 1 l:00 a.m. Memhers present: Dan Mortensen, Mark Maloney, Eill Schremp, and fim Pinsonneault Board member Jamie Weiland is excused. Also present: Chief of Police Jeremy Hunt, Rothschild Administrator Ryan VanDeWalle, Weston Administrator fami Cebert, Finance Director Melanie Wiskow, and Clerk Elizabeth Felkner. Select a Chairperson for the Oversight Board: Mr. Maloney mentioned to nominate a Rothschild member to serve as Chair for the oversight Board. Motioned by Maloney/Mortensen to Nominate Bill Schremp as Chair for the Overslght Board. Mr. Schremp requests to be withdrawn as Chair as potential conflicts of interest. Motioned by Maloney/Mortensen to Withdraw their Motion. Motioned by Maloney/Schremp to Nominate Dan Mortensen as Chair for the Overcight Board. Questloned and carried 4:0. Select a Vice-Chairnerson for the Oversight Board: Motioned by Schremp/Pinsonneault to Appoint Mark Maloney as Vice- Chalrperson for the Overslght Board, Questloned and carried 4:0. 4. Select the Dcsignated General Council for the Oversight Board: Mr. VanDeWalle and Ms. Gebert explained the general council representative would not be for Municipal Court purposes but rather for representing the Mountain Bay Metropolitan Police Department. The general council that is being proposed is Attorney Nick Flanagan. Attorney Flanagan's contract agreement ratewill be $200.00 an hour and once Attorney Flanagan accepts the request, a retainer agreement will be presented for approval at the next Board meeting which will include all services. Motioned by Maloney/Pinsonneault to Approve the General Counsel Contract with Attorney Nick Flanagan. Questloned and carried 4:0. 5. Announcements and Statements from the Audicnce: Mr. Maloney mentioned that there has been positive feedback from many individuals and looks forward to working with all involved. 3:fflXTlrl"i-DMEETTNGMTI{urEs G U Accepted: 6. Discussion and Possible Action Regarding the Purchasing and Selling of Police Sqlrad Vehicles: Chief Hunt mentioned that with the merger of both departments and changes that are needed, now is a grcat opportunity !o purchase and sell vehicles. There is an influxof vehicles that will need tobe sold from both departments. ChiefHuntstated that Everest Metro currently has 5 detective vehicles, 2012, 2073, and 2017 Impala's and 2018 and 2019 Malibu's, that can be sold, and Mountain Bay can utilize the funds to purchase 2 new detective squad vehicles. Everest Metro currently has 3 squad cars to sell, and Rothschild has 2 squad cars to sell. Rothschild recently purchased 2 new squads and have 2 more on order. With the sales ofthe squad cars, Mountain Bay can utilize the funds for the 2 new squads on order and order another 3 new squad cars. Motioned by Maloney/Schremp to Approve Chief Hunt to Move Forward wlth the Selllng and Purchasing of Police Squad Vehicles as Mentioned. Quesdoned and carrled 4:0. 7. Discussion and Possible Action Regarding the D.C. Everest School District Contract: Chief H unt explained that Rothschild has one contract and Everest has another. Rothschild's contract is a flat rate contract and Everest's contract is an itemized formula contracl The contracts will need to be combined and updated with the new departmenL Chief Hunt is currently working the superintendent with D.C. Everest School District. Motioned by Schremp/Pinsonneault to Allow Ghief Hunt and Staff Draft a Contract with D.C. Everest School Dlstrict Regardlng School Resource Llalson Officers and bring Back to the Board for Flnal Approval. Questioned and carried 4:0. 8. Discussion and Possible Action Regarding the 2024 OperatinlrBulget_Arloplion: Mr. VanDeWalle explained the operating budget to the Board. The budget includes the municipalities thatwill receive police scrviccs from Mountain Bay Metro Police Department. Chief Hunt mentioned that Rothschild Police Department. currently utilizes Kwik Trip and GPM stores to fill up the vehicles with fuel. The Board would like Chief Hunt to receive RFP's along with making sure that mileage is recorded at the pumps when refueling. Ms. Felkner explained the process ofaccounLs payable and receivable. With the rrew department and account, the Chair usually is the authorized signer. MOUNTAIN BAY METROPOL]TAN POLICT OVERSIGHT BOARD MEETING MINUTES March 28,2024 ffi Motioned by Pinsonneault/Schremp to Adopt the Same Process Rothschild Utilizes for Accounts Payable with the Chalr as the Authorized Slgner. Questioned and carried 4:0. Ms. Felkner explained that the Village of Rothschild currently has multiple employees who have credit cards. Each card has a limit, but the overall limit for the pool ofcards is $200,000.00. The company the is U.S. Bank and Mountain Bay Metro Policc Departmentwill need their own credit cards along with a limit. Therc will be multiple cards that will utilize the same pool of funds. The Board agrees to move forward with the order of the new cards. Motioned by Maloney/Schremp to Approve the Department wlth credlt cards with U.S. Bank with a Limit Not to Exceed $200,000,00. Questioned and carried 4:0. Motioned by Maloney/Schremp to Approve the 2024 Operatlng Budget with the Understandlng that the Budget is Not Balanced Due to Unknown Municipal Court Revenues. Questloned and carrled 430, 9. Consideration of Motion to Adiourn to Closed Session Pursuant to Wisconsin Statutes Section 19.85 (1)(C) Considcring Employment. Promotion. Compensation or Performance Evaluation Data of An.v Public Employee Over which the Governmental Body has Iurisdiction or Exercises ResoonsibiliB. Discussion the 2024-2027 Union/Non-Union Wages for all Associated Personnel: Motioned by Schremp/Pinsonneault to Adiourn to Closed Session at 11:49 a.m. Roll call vote: Mark Maloney - Aye; Bill Schremp - Aye; fim Pinsonneault - Ay€; and Chair Dan Mortensen - Aye. Motion carried unanimously. 10. Motion to Reconvene into Open Session and take Action Regrrding Items Discussed in Closed Session: Motioned by Maloney/Pinsonneault to Reconvene into Open Session at 1Z:53 p.m. Questioned and carried 4:0. Motioned by Maloney/Pinsonneault to Approve the 2024-2027 Police Union Contract along with other Items Discussed in Closed Session. Questioned and carried 4:0, 11. Adiourn: Motion by Maloney/Schremp to Adiourn. Questioned and carried 4:0. Meeting Adiourned at 12:55 p.m. Prepared hy: Elizaheth Felkner, Clerk  MOUNTf,IN DAI MET&OPOL-ITXN POITEEIEEE&IMENI 2ll Grand Av9nu6 feramy P. Hunt Rothlchild, WI 5{47i1 Chlcf of Pollco PTITIEE Phone: ? l$35938?9 Kevin t ostraw8ki F..I: ? 13-3394322 Crptrh Nichol& a- Aldrich Ctptd! I O: Mountain Bay Metro Police Dqrartment Oversight Board FROM: Ryan VanDeWelle, Villege Administrator DATE: April 10,2024 RE: Adrninistrator's Repon fbr the April I lrl' meeting Discussion and Possible Actlon Regerding the toplc of Zoom meedngs: The village does have the ability to hold these meetings via zxrm. Dlscusslon rnd Possible Action Regarding the meeting recordings rrailrble for review: The Village of Rothschild has not placed any recordings ofour meetings online. However, we can discuss how wc would like to do this going forward. We do not currently have a Yourube channel for meetings. Discusslon rnd Posrlblc Actlon Regarding an annua! formrl review of the Police Chief: As noted during our prcvious meetinB, it is the intent ofthe Oversight Board to complete an annual rsview of thc police chief. That being said, it would be completed to align with our curent Village of Rothschild annual revicw ofstafl'. The review would bc completed by pecrs and the board to allow for u holistic apprcach. Discusrion ond Possible Action Regerdlng the acceptance ofGeneral Counsel Contract: As discusscd during thc prcvious moeting, thc gencral counsel for the Mountain Bay Metnopolitan Police Department will be Attomey Nick Flanagan. Attached is the formal agre€ment that outlines his services on an os needed basis. /^#e/ Thank you,  LAW ENFORCEMENT SERVICES AGREEMENT THIS LAW ENT'ORCEMENT SERVICES AGREEMENT (hereinafter, "Agreement'') is made and entered into by and betwoen the Mountain Bay M€tropolitan Police Department (hereinafter, "MBMPD'), and the City of Schofield, a political subdivision of the state of Wiscorsin, Marothon County (hereinaftet "Sohofield")(collectively the '?arties")for the purpose of setting forth the agreemerts which have been reached between MBMPD and Schofield for pmviding necessary law enforcement services within Schofield. This Agreement is entercd into pursuant to the authority of $ 66.0301, Wis. Stats. and g 61.65, Wis, Stats. WHERtrAS, the MBMPD is a shared police depafiment formed by the Village of Rothschild a political subdivision of 6re State of Wisconsin, Marathor County and the Village of Weston, a political zubdivision of the State of Wisconsin, Marathon County pursuant to the authority of g 66.0301, Wis. Stats. and $ 61.65, Wis. Stats., through adoption ofa Police Protective Services, and Muoicipal Court Services Agreement; and \ilIIERJIAS, pursuant to Sec. VItr ofthe Police and Protective Services and Munioipal Corut Services Agreement, Contmcts extending the Shared Police Department's service area to other municipalities may occur upon approvai of the MBMPD Oversight Board (the "Oversight Board"); and WIIEREAS, Schofield desirts to contract for the performance of law enfdrcement service.s within the corporate limits and political boundaries of Schofield, in order to enforce the municipal ordhances of Schofrold, as well as the laws of the State of Wisconsin and the United States Government; and WHEREAS, the Oversight Board finds it is in the interest of the Department and community to render sush law enforcement services on tle terms and conditions hereinafter set forth in this Agreement and WIIEREAS, Parties desire to enter into this Agreement, as authorized by $$ 66.0301 and 61.65, Wis. Stats., in order to specifi the terms and conditions oflaw enforcement services provided by the MBMPD to Schofield NOW TIIEREF'ORE, in consideration of the recitals and the mutual covenants contaioed herein, MBMPD md Schofield mutually agree as follows: 1. Scope of Services: The IMBMPD, agrees to provide [,ew Enforcement Seryices within the cotporete limits and political boundaries of Schofield, each day ofthe year on a twenty-four (24) hout per day basis. Law Enforcement Services means activitias ralating to tho enforcing the law, preventing and deterring crime, arresting oriminal offendefs, maintaining public order, and providing services to the community. Such activities include, but are not limited to: conducting criminal investigations; responding to emergency and non-emergency calls for service; directing and controlling kaltrc, issuing citations, appearing in courl; receiving and dispatching all 911 calls; and obtaining and L  maintaining evidence. The MBMPD shall enforce the munioipal ordinances of Schofield, as weil as the laws of the State of Wisconsin and the United States Government. 2. 'term. The term of this Agreement shall cornmence upon approval and signing ofthe MBMPD Oversight Board and Schofeld Common Counoil (the "Effective Date'), and end on December 31,2033. This Agreement shall be automatically renewed on January 1 of eaoh year for successive one ( I ) year terms thereafter, unless teminated in accordance with Paragraph 11, Termination ofthis Agreement. A renewal shall be on the same terms and conditions provided herein. 3. Rate Structure. In consideration for the 1aw enforcement services provided under tlis Agreement, Schofield agrees to pay an annual sum of Six-Hundred Fifty Thousand Dollars ($650,000.00) (the "Annual Sum"). The compensation amount owed will be the pro-rated sum for the 2024 calendar year calculated from the Agreement's Effective Date. Thereafter, the Armual Sum shall be increased by two percent (270) on January I of each year. In addition, the Iirst $85,000.00 ofall forfeitures, penalty assossmsnts and costs within the jurisdictional limits of Schofield are to be paid to the Rothschild Area Municipal Court. After $85,000.00 has been collected by the Rothschild Area Municipal Court from the forfeiture, penalty assessmonts, otc,, within ttre jurisdictional limits of Schofield, the additional amount above and boyond $85,000,00 is io be split between the Rothschild Area Municipal Court, along with Schofield, where court costs are retained by the Rothschild Area Municipal Cour! and the rcmainder is paid to Schofield. There shall be no other fees, costs, sums of monies, charges or any kind or type due tom Schofield. 4. Pavment. Schofield shall each pay one-fourth of the Annual Sum or a quartetly basis in January, April, July and October. The Village of Rothschild shall submit quarterly invoices to Schofield and Schofreld shall have thirty (30) days from the invoice date to remit payment in firll. If Sohofield fails to pay in full, each payment as required herein, Schofield shall be indebted to ttre MBMPD. In case of a default, the principal payment is due plus a penalty equal to two percent (2.07o) ofthe principal payment. The penalty shall be assqssed daily from the due date until payment is made. 5. Joint Mruricipal Court Membershio. Pursuant to $ 755.01(4), Wis. Stat., the Rothschild Area Munioipal Court has been created to serve as a Joint Municipal Court for the Village of Rothschild, Village of Weston, Village of Marathon City, Village of Edgar, City of Schofield, and Town of Weston. During the term of this Agreement Schofield agrees to continue enactment of the ordinance thereby creatiog and ostablishing the Rothschild Area Municipal Court to serve Schofield. 6. Processine Violations. All citations issued by MBMPD perfonning law enforcement services in Schofield jurisdictional limits will be procassed in the Rothschild Area Municipal Court. The Rothschild Area Municipal Court shall be responsible for the cost ofprosecution ofviolations which ooour within Schofield jurisdictional limits. 7. Police Services Activity Reportine. MBMPD shall provide Schofreld with a quarterly aotivity report that shall include the number and types offines and/or responses made 2  during the previous quarter. 8. MBMPD Oversiqht Boad Membershio. Dwing the terrn of this Agreement, Schofield shall appoint one (1) non-voting ex-officio member to serve on the MBMPD Oversight Board. 9. MBMPD Liabilitv Insurance. Duriog tho term of this Agreerxrent the MBMPD Oversight Board shall procure and maintain insurance for the IvIBMPD, in an amount sufficient to covet the police department activities, including without limitatior, general liabitity, vehicle, property and casualty, worker's compensation and erors and omissions covemge. In the ovent that liability is incuned for any olaim for darnages, injury or loss arising out of the operations of the MBMPD, either tlrough policy exclusions, under insurance, policy lapse, or any other reason, the parties agree to indemnify each other for said uninsured costs and/or damages. 10, Indemnification. ,The Parties, on behslfofthemselves, their officers, board members, attomeys, agents, employees, and succassors in interas! and all persons acting by, throug[ under, or in concert with them, and each of them, hereby release and discharge the other party, together with their predecessors, succ€ssors, and assips, and past, present, and future officers, bord members, attorneys, agents, employees, and successors in interest, and all persons acting by, tbrough, under, or in concert with thern, and each of them, ftom all knor,ln and unftnown charges, complaints, claims, griovances, liabilities, obligations, promises, agreements, controversies, damages, aotions, causes of action, suits, rights, dernands, cosh, losses, debts, peoalties, fees, wages, medical costs, pain and sufferiug, mental anguisl5 emotional distress, expenses (including attorneys' fees and costs aculally incurred), and punitive damages, of any nature whatsoever, known or . unknown, which either party has, or may have bad, against the other palty, whether or not apparent or yet to be discovered, or which may hereafter develop, for any acts or omissions related to or arising ftom this Agreement Nothing contained in this Agreement is intended to be a waiver or estoppel of either partias or its insurer to rely upon the limitations, defenses, and immunities contained within Wisconsin law, including trut not limited to, Brose contained within Wis. Stats. $$ 893.80, 895.52 and 345.05. To the extent that indemnification is available and enforceable, neither Party nor its insurer shall be liable in indemnity or contribution for an amount greater than the limits of liability for municipal claims established by Wisconsin Law. 1 1. Termination. Either party may terminate this Agreement upon one (l) year's written Notice to the other party under this Agreement with intent to terminate their participation hereto. Tennination shall become effective on the January 1 following one (l) full calendar year ftom the date of notification of intent to withdraw from this Agreement, In the event of terminatioq Schofield shall be responsible to pay the Annual Sum for law eoforcernent servioes performed by MBMPD to the effective date of termination. 12. Notice. All notices, demands or consents required or permitted by this Agreement shall be deemed elfective when personally delivered in writing or thlee (3) days after notice is deposited with the U.S. Postal Service, and addressed to each Municipality as follows: 3  Mountain Bay Metrooolitan Police Department Citv of Schofield Attn: Police Chief Athr: City Clerk 21 1 Grand Avenue 351 Alderson Street Rothschil4 WI 521474 Schofield, WI 54476 Parties shall notifu each other as soon as practical of any change-s to the contact information in this Section. 13. Relatioruhip. It is understood and agreed that under the terms and conditions olthis Agreement, tho errrployees or agents of tho MBMPD are not now, oor will they be deemed to be, onployees of Schofield. The MBMPD assumes all finanoial responsibility for the employees of the MBMPD, such as wages and withholdings, which may be related to the services to be provided by the MBMPD under this Agreement. By this Agreement, it is expressly understood &at $$ 62.09(8)(a), (d) and (13Xa) shall not apply, and Schofield shall have no authority ovor the MBMPD or Police Chief' 14. Entie Asreement. This Agreement represenb the entire and final agreement betweon the parties, and it is agreed that any oral or written agreements between the parties relating to the zubject matter ofthis Agreement which may be enforced have been reduced to writing and are contained herein. This Agreement may be signed in counterparts, each of which shall be deemed an original, and which taken together shall be deemed to be one and the same document. 15. Goveming Law. This Agreement shall be govemed by and interpreted in accordance with the laws of the State of Wisconsin. 16. Amendments. This Agreement may be amended, modified, or changed in whole or in par! only by the affirmative vote ofall parties to this Agreement. 17. S everability. If any pad, tenn or provision of this Agreement is held by a court of competentjurisdiction to be illegal or otherwise unenforceable, such illegality or unenforceability shall not aflect the validity of any other part term or provision ofthis Agreemeot, 4 IN WITNESS WHEREOF, Paties have caused this instrument to be executed in their respective names by their respective duly authorized representatives. MOUNTAIN BAY METROPOLITAN POLICE DEPARTMDNT Dated: Chairpercon, MBMPD Oversight Board Dated: Attest: _ Elizabeth Felkner, Village Clerk CITY OF SCHOFIELD Dated: By: Kregg Hoehq Mayor Dated: Attest: Paula Brummond, City Clerk 5 abF/-l-t-a.ra/ra FI E {t i rts r_i tit; ti a :r l\ tt lc t 3\ t- ri ;t i\ r ;l ZT sitc r:lf i EBiililf,ffi ar -t_ -t BOTHSCHILO PD P Your Spo:e. Our Eusiness. Complete Office ,,/ $i.,,,,", BOTHSCHTLD, Wt 54474 $ Ect.l9ao wl1*.cbi,,1cb-corn B lst (^) l  \B2 I E { 90 ?! riX rt> ,t m \fr = 5 o { E 4 *tr ll o k_ lfJ \ L TROT{] OF ROOM ;I gi iT 3INI Ei {o EBiffi$$,ffi o f' T N) Iorlr ROTHSCHILD PD Spcr"e. Orrr Brrrirrrsr. E0IHSCHlLD, Wl 54474 E! I Ccrmpletr: Off ice,,r u7r.,vrr,: o 1940 ilYrw.abiwah.corn (^) t:61.  r . lo 3 : r 3 Il rIi Flt lE r = 5 lx Fls_ l"t ts ri E r t-31i I I I I 8i Pi 9t Ei :. 3i q) EBifr',P'l,'Js ROTHSCHILD PD fl I Your Spo<e. Orrr Bil rincrs. ROTHSCHTLD. Wr s4474 Complet€, Office -, lli",-,r, ) (,^) €sl. t9a0 f,vtl llrlv.b .r{r 3  FAEL COST COMPAMSON January,2024 Average Cost Agency Iirtel BIII Gallons Used Per Gallon fuerest Metro lfiwtk Trip $4,042.68 1,568.891 $2.58 489.558' $1,158.39 , 461.230 Febntatyr 2024 Average Cost Agency FueI BilI Gallons Ased Per GaIIon fueresl Metro Kwik Trip $3,969.98 1,426.735 $2.78 :. ,$2,75 , ' Cost Dlfference belween fuerest and RPD ls approtdmately $.04lgallon Januuy Everest Metro Fuel: l r508.8gl x.0*lgallon = $62.76 February Everest Meto llzel: 11426.735 x.04lgallon = $57.05  Nicholas Flanagan Attorney at Law, LLC Email: nbfl anagan@gmail.com Phone: 715-459-7855 RETAINER AGRED,MENT The Mountain Bay Metropolitan Police Depa(ment ("Department") hereby retains Nioholas Flanagan, Attorney at Law, LLC ( Law Firm") to represent the Department ard provide legal services, as needed, related to dre Mountain Bay Metropolitan Police Departunent Police Commission and Oversight Board, including, but not limited to on-site and telephone conferences, legal and factual investigation and research, preparation of documonts, attendance and representation at meetings. l. Attomey fees for services rendered shall be based on the hourly rate of $200.00. Time records for all services perfonned will be maintained by Law Firm and billed on a montlly basis. 2. Coss incidental and necessary to the representation and services rendered, including but not limited to out-of-pocket expenses incuned for activities conduoted solely on behalf of Departrnenl and mileage for havel at th€ IRS standffd mileage rat€. Pdrties agree that this Agreement will remain effective until either party terminates the same in writing. 'It is further agreed upon that the party wishing to terminate the Agreement shall give the other party 30 days' notice of Termination. Acknowledgment and Signature: By signing below, each Party indicates that it has read this Agreemenl understands its lerms and agrees to be bound by dre same. MOUNTAN BAY METROPOLITAN POLICE DEPARTMENT Date: Date: Police Commission President Oversight Board Chairperson NICHOLAS FLANAGAN, ATTORNEY AT LAW, LLC