City of Milwaukee - File #: 041157

• File #: 041157
• Version: 3
• Type: Ordinance
• Status: Passed
• File created: 12/21/2004
• In control: PUBLIC SAFETY COMMITTEE
• Final action: 11/21/2007
• Effective date: 12/12/2007
• Title: A substitute ordinance relating to policy for acceptance of grants for additional law enforcement services.
• Sponsors: ALD. WADE, ALD. HINES JR., ALD. BAUMAN, ALD. HAMILTON, ALD. ZIELINSKI, James N. Witkowiak
• Indexes: CRIME PREVENTION, GRANTS, POLICE DEPARTMENT

Date	Ver.	Action By	Action	Result	Tally
12/11/2007	3	CITY CLERK	PUBLISHED
11/29/2007	3	MAYOR	SIGNED
11/21/2007	3	COMMON COUNCIL	PASSED	Pass	10:4
10/31/2007	3	PUBLIC SAFETY COMMITTEE	HELD TO CALL OF THE CHAIR; Minutes note: Also Present: Deputy Inspector Mary Hoerig, Milwaukee Police Department. Alderman Willie Wade, 7th Aldermanic District. Alderman Robert Bauman, 4 Aldermanic District. John Balcerzak, Milwaukee Police Association. Thomas Fischer, Milwaukee Police Association. Alderman Willie Wade appeared at the table as lead sponsor of Common Council File #041157, Substitute 3 to respond to questions. Alderman Wade commented that one of the main purposes for the ordinance was to address the raising costs associated with police overtime. He continued that on occasion officers are sent to liquor establishments to address various issues; this often results in high costs for extensive overtime hours. According to Alderman Wade implementation of this legislation would not only address the issue of how to pay the continually rising overtime costs but possibly limit many of the issues that occur in liquor establishments before they get out of control. Members of the Public Safety Committee requested a City Attorney Opinion regarding the city's overall liability and more specifically the chief's liability when she chooses to deny a grant for police services. John Balcerzak, President, Milwaukee Police Association, commented that the difference between the current agreement with Miller Park and the proposed ordinance is that the ordinance does not include a memorandum of understanding. Mr. Balcerzak also expressed concerns about the city's liability, supervision of officers, increased overtime, pay for officer investigations when problems or allegations occur and an increase in the number of investigations of officers. He also commented that community organizations should be included. Alderman Wade submitted a letter from Police Officer Michael S. Murphy, which included 148 signatures of officers in support of this legislation. Mr. Balcerzak commented that the signatures did not represent the majority of the 1700 officers in the department. Deputy Inspector Hoerig informed members that the chief requested this matter be held until the findings of a City Attorney Opinion rendered. She continued the police department felt that this legislation could be benefical if it included changes that would address the city's liability and the safety of officers. Other concerns were the chief's liability if she denied a grant for services and an a negative incident occured. Deputy Inspector Hoerig continued that the chief had no concerns about officers working in liquor establishments but that she did have some concerns about the current language in the ordinance and the need for more language that would address the concerns that were mentioned by Mr. Balcerzark. Deputy Inspector Hoerig explained that she believed the police department could assists in drafting language that would meet both the departments concerns and the police unions concerns yet maintain the intent of the sponsors. Alderman Puente expressed concerns about the ramification of officers working in liquor establishments and the temptation that officers will be exposed to while working in the liquor establishments. According to Alderman Bauman, the purpose for the current legislation is to establish authorization for the department to accept grants for police services in liquor establishments; the development of the guidelines governing the ordinance would be forth coming and at the discretion of the Chief of Police. Alderman Hamilton asked whether the contract would cover the requirements or obligations of the establishments? Inspector Hoerig responded that it should, but the chief would like clarity from the City Attorney prior to passage of this legislation. Common Council File #041157 was held to the call of the chair for one cycle to give representatives from the police department and the police union the opportunity to meet.	Fail	2:3
10/31/2007	3	PUBLIC SAFETY COMMITTEE	RECOMMENDED FOR PASSAGE	Pass	3:2
10/30/2007	3	CITY CLERK	DRAFT SUBMITTED
10/30/2007	2	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
10/30/2007	2	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
10/11/2007	2	CITY CLERK	DRAFT SUBMITTED
10/11/2007	2	PUBLIC SAFETY COMMITTEE	AMENDED; Minutes note: Also Present: Alderman Willie Wade, 7th Aldermanic Distric. Barbara Butler, Milwaukee Police Department. Sergeant Amy Obregon, Milwaukee Police Department. Tom Fischer, Vice President, Milwaukee Police Association. Alderman Wade advised members that the purpose for this ordinance is to establish a grant program that would allow the police department to provide police services to liquor establishments. He invisioned this as an opportunity to decrease the amount of overtime pay in the police department and save tax payer dollars. He continued that the police chief would have the authority to approve all requests for police services from the liquor establishments. Mr. Fischer expressed opposition to authorization of police officers working in liquor establishments. Alderman Witkowski questioned whether the contractors of the liquor establishments would be responsible for equipment and injuries for the police officers working in their establishments. Alderman Puente commented that he believed that officers working at the liquor establishments would receive the same benefit coverage as officers working at Miller Park and the Bradley Center in similar compacites. Members asked police department representatives at the table whether the officers working at the liquor establishments would do so on a voluntary basis? Ms. Butler responded that to her knowledge it had not been determined whether officers would work on a voluntary basis. Motion by Alderman Zielinski to amend Common Council File #041157, Substitute 2, to include a section that would only require officers to work in liquor establishments on a voluntary basis.	Pass	5:0
10/11/2007	2	PUBLIC SAFETY COMMITTEE	HELD TO CALL OF THE CHAIR; Minutes note: Alderman Witkowski requested this matter be held so that feedback could be obtained from police officers.	Pass	3:2
10/1/2007	1	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
10/1/2007	1	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
10/1/2007	1	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
7/19/2007	1	PUBLIC SAFETY COMMITTEE	HELD TO CALL OF THE CHAIR; Minutes note: This matter will be held for one cycle at the request of Police Chief Hegerty.	Pass	5:0
7/13/2007	1	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
7/13/2007	1	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
1/12/2005	1	CITY CLERK	DRAFT SUBMITTED
12/21/2004	0	COMMON COUNCIL	ASSIGNED TO

Number

041157

Version

SUBSTITUTE 3

Reference

040746

Sponsor

ALD. WADE, HINES, BAUMAN, HAMILTON, ZIELINSKI AND WITKOWIAK

Title

A substitute ordinance relating to policy for acceptance of grants for additional law enforcement services.

Sections

304-83                     cr

Analysis

This ordinance codifies and expands the city’s current policy for the acceptance of grants by the police department from various entities meeting certain criteria for the provision of additional law enforcement services.  The current policy, contained in resolutions file number 011573, 02137 and 040746, authorizes the police department to receive grant funds from entities that meet all of the following criteria:

1.  The entities shall be public or quasi-public entities which require additional law enforcement services to meet the needs of public safety and convenience.

2.  The entities shall own or operate large venues open to the public.

3.  The entities shall occasion the need for additional police services in areas adjacent to the public venues they own or operate.

The current policy also provides that in lieu of the above criteria, grants may also be received by the police department from entities that present unique security needs occasioning the need for additional police services.

This ordinance adds a new criteria which authorizes the police department to receive grant funds for additional law enforcement services from alcohol beverage establishments licensed by the city which seek to enhance public safety.

Finally, the ordinance requires that the common council only approve grants that have been approved by the police chief.  This is consistent with both the chief’s statutory authority under s. 62.50(23), Wis. Stats., and with prior grant agreements approved by the common council.

Body

Whereas, Large facilities open to the public owned or operated by tax-exempt public or quasi-public entities (“public venues”) often require additional law enforcement services in order to meet the needs of public safety and convenience; and

Whereas, The entities operating those public venues are often exempt from general property taxation and therefore, absent voluntary agreements, would not have to pay for the provision of such law enforcement services; and

Whereas, Grants from entities that operate facilities which present unique security needs occasioning the need for additional police services will enable the police department to address the security needs of these entities, thereby enhancing the safety and security not only of the entities, but also that of the surrounding areas and the Milwaukee community in general; and

Whereas, Grants from alcohol beverage establishments licensed by the city will also enable the police department to address the security needs of these establishments, thereby enhancing the safety and security not only of the establishments, but also that of surrounding areas; and

Whereas, These grants from entities qualifying under these criteria will be in the public interest because the grants will enable the police department to assign additional personnel to those public venues and areas and thereby enhance public safety and convenience as well as relieve the general city property tax- payers from funding the cost of the additional law enforcement services provided to entities operating the public venues; and

Whereas, The Common Council believes that criteria for acceptance of grants from public or quasi-public entities and other entities that seek to enhance public safety and convenience, to fund law enforcement services currently provided in Resolutions File Number 011573, 021317 and 040746, as well as the other criteria that are added by this ordinance need to be codified; now, therefore, be it

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1.  Section 304-83 of the code is created to read:

304-83.  Additional Grants for Law Enforcement Services.

1.  ACCEPTANCE. The police department may receive grant funds for additional law enforcement services from entities that meet the criteria specified in sub. 2.

2.  CRITERIA.  a.  The entity providing the grant to the police department for additional police services must receive the approval of the police chief for the nature and amount of police services to be funded by the grant and meet all of the following criteria:

a-1. The entity is a tax-exempt public or quasi-public entity. 

a-2.  The entity owns or operates a large public venue open to the public.

a-3.  The operations of the entity occasion the need for additional police services in areas adjacent to a public venue that the entity owns or operates.

b.  In lieu of the criteria specified in par. a, grants may also be received from entities that meet either one of the following criteria:

b-1.  The entity owns or operates facilities that present unique security needs occasioning the need for additional police services.

b-2.  The entity is an alcohol beverage establishment licensed by the city and seeks to enhance public safety.

c.  Officers shall be assigned to alcohol beverage establishments pursuant to par. b-2 on a voluntary basis.

3. COMMON COUNCIL APPROVAL.  The common council may by resolution approve any law enforcement grant agreement that has been approved by the police chief and that meets the criteria specified in sub. 2.

Part 2.  Common council resolutions file numbers 011573, 021317 and 040746 are rescinded.

LRB:

APPROVED AS TO FORM

____________________________

Legislative Reference Bureau

Date:  ______________________

ATTORNEY

IT IS OUR OPINION THAT THE ORDINANCE

IS LEGAL AND ENFORCEABLE

____________________________

Office of the City Attorney

Date:  ______________________

Department

Drafter

LRB07342-3

TWM:mbh

10/29/2007