Number
200309
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. RAINEY, STAMPER, COGGS, DODD, LEWIS AND HAMILTON
Title
Substitute resolution directing the Department of Administration - Intergovernmental Relations Division to seek introduction and passage of legislation relating to medical reports of persons injured or killed in officer-involved incidents.
Analysis
This resolution directs the Department of Administration - Intergovernmental Relations Division to seek introduction and passage of legislation amending s. 175.47, Wis. Stats, to require that, in an officer-involved death, the official medical report determining a victim’s cause and manner of death will be the report commissioned by the victim’s family, if so commissioned.
Body
Whereas, Cause of death is typically determined by a county or other publicly-employed coroner or medical examiner, who is responsible for examining a body, reviewing relevant medical records, investigating the circumstances surrounding the person’s death, and, using his or her training, expertise and judgement, determining the manner and cause of death; and
Whereas, When a person is killed in a police officer-involved incident, the person’s manner and cause of death is a critical piece of information in determining how the incident is portrayed in the media, whether the police officer bears culpability for his or her actions, in disciplinary actions by police departments, and in criminal and civil proceedings; and
Whereas, In relation to police officer-involved deaths, a disturbing trend has been reported in which misleading language and questionable diagnoses by county or other publicly-employed coroners and medical examiners inaccurately portray both how a person died, the relevance of a person’s previous medical history, and the degree to which the actions or inactions of the involved officer or officers contributed to the person’s death; and
Whereas, In order to pursue justice for victims of officer-involved deaths, families have sought second opinions as to cause of death in the form of privately-funded medical examinations; and
Whereas, As in the case of the officer-involved death of George Floyd in Minneapolis, the findings and conclusions by a private medical examiner can vary widely from the findings by of the local, official medical examiner, and these disparities can call into question the legitimacy of disciplinary and criminal investigations into officer-involved deaths; and
Whereas, Notwithstanding disparities of opinion that call into question the accuracy and legitimacy of the findings of a public medical examiner, the medical report by a public medical examiner as to the cause of death in an officer-involved incident is the official medical report used to determine whether the police officer bears culpability for his or her actions, in disciplinary actions by police departments, and in criminal proceedings; and
Whereas, Likewise, when a person is injured in an officer-involved incident, there may be disparities in physician reports and hospital records that bear on the scope and nature of the injury and the degree to which an officer’s actions or inactions caused the injury; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that the Department of Administration - Intergovernmental Relations Division is directed to seek introduction and passage of legislation amending s. 175.47, Wis. Stats, which would require that, in an officer-involved injury or death, the official medical report determining a victim’s cause and manner of death or injury will be the report by a medical examiner or physician commissioned by the victim or the victim’s family, if so commissioned; and, be it
Further Resolved, That this official medical report will be relied upon by the appropriate authorities in relation to disciplinary actions and criminal proceedings; and, be it
Further Resolved, That File Number 180898 is amended by inserting the following item in the document attached to the file and identified as “2019-2020 State Legislative Package Proposals”:
|
Common Council |
Public Health and Safety |
Amend s. 175.47, Wis. Stats., to require that, in an officer-involved injury or death, the official medical report determining a victim’s cause and manner of death or injury will be the report commissioned by the victim or victim’s family, if so commissioned. |
Requestor
Drafter
LRB176139-2
Dana J. Zelazny
July 27, 2020