Number
131016
Version
SUBSTITUTE 2
Reference
Sponsor
ALD. WADE, HINES, BOHL, ZIELINSKI, HAMILTON, BAUMAN, COGGS AND PEREZ
Title
A substitute ordinance relating to agreements for additional law enforcement services.
Sections
304-83 rp
312-26 cr
Analysis
Currently, the common council must approve all agreements for additional law enforcement services that have been approved by the police chief and meet certain criteria. This ordinance permits the police department to enter into agreements that do not exceed $50,000, meet certain criteria, and have been approved by the police chief to provide additional law enforcement services without common council approval for up to one year. This `ordinance requires annual common council approval of additional law enforcement services agreements that exceed $50,000 and also requires the police department to annually submit a report regarding the prior year's agreements for additional law enforcement services to the common council.
Furthermore, agreements for additional law enforcement services are currently considered grants under the code. However, under the comptroller's office's accounting practices, these agreements are not accounted for as grants. This ordinance includes certain technical changes to the code to make it consistent with current accounting practices.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 304-83 of the code is repealed.
Part 2. Section 312-26 of the code is created to read:
312-26. Agreements for Additional Law Enforcement Services. 1. AGREEMENTS. The police department may enter into agreements for up to one year and not exceeding $50,000, for additional law enforcement services with entities that have been approved by the police chief and meet the criteria specified in sub. 2.
2. CRITERIA. a. The entity entering into an agreement with 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 agreement 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, agreements may also be entered into with entities that meet 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.
b-3. The entity is a 501(c) (3) corporation seeking to enhance public safety
through a community crime intervention initiative.
c. Officers shall be assigned to alcohol beverage establishments pursuant to par.
b-2 on a voluntary basis.
3. COMMON COUNCIL APPROVAL. Agreements for additional law enforcement services, exceeding $50,000, that have been approved by the police chief and that meet the criteria specified in sub. 2, must be reviewed and approved by the common council prior to execution.
4. REPORTING. Prior to April 1 of each year, the police department shall submit to the common council a report of all agreements for additional law enforcement services the police department entered into during the prior calendar year.
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
Police Department
Drafter
LRB10358-6
Jim Carroll
11/24/13