Number
251799
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. BROWER, DIMITRIJEVIC, ZAMARRIPA, PEREZ AND BAUMAN
Title
A substitute motion modifying Milwaukee Police Department Standard Operating Procedures regarding the duty to intervene, investigate, and report unreasonable uses of force.
Analysis
This motion modifies Milwaukee Police Department Standard Operation Procedure (SOP) 460 - Use of Force and 004 - Whistleblower Protection. The existing SOP 460 assigns a duty to intervene in situations where a department member observes another department member using force which the observing officer, based on their training, believes or knows to be beyond that which is objectively reasonable under the circumstances. This motion modifies SOP 460 to explicitly include intervention regardless of the agency that employs the officer that is using unreasonable force. The motion also changes the SOP to require that members investigate to determine if a violation of the law has occurred in these situations.
The existing SOP 004 states that members have a duty to report noncompliant uses of force when they witness another law enforcement officer use force that does not comply with the standards under s. 175.44(2)(b) and (c) Wis. Stats. This motion modifies SOP 004 to explicitly state that the duty to report includes observations of noncompliant uses of force regardless of the agency that employs the officer. SOP 004 is also modified to allow members to direct complaints of illegal conduct by law enforcement officers not employed by the Milwaukee Police Department directly to the Chief of Police, or designee.
Body
Whereas, There are credible reports that federal law enforcement members are physically assaulting members of the public while they are exercising their constitutionally protected rights to speak and assemble, without probable cause that the victims were engaged in any illegal activity; and
Whereas, Members of law enforcement agencies are not allowed to break the law or violate the constitution simply because they are employed as law enforcement agents; and
Whereas, Milwaukee Police Department Standard Operating Procedure 460 - Use of Force currently requires that department members reasonably attempt to intervene if they personally observes another officer using force that is beyond that which is objectively reasonable under the circumstances; and
Whereas, It is not clear if the duty to intervene, as it is currently written in policy, applies to situations where unreasonable force is observed being used by law enforcement officers not employed by the Milwaukee Police Department; and
Whereas, It is not clear if department members are required to investigate unreasonable uses of force witnessed by department members if the force is used by law enforcement officers not employed by the Milwaukee Police Department; and
Whereas, S. 62.50(3)(am), Wis. Stats., allows the Common Council to suspend or modify any policy established by the Chief of Police upon a two-thirds vote of all of the members of the Common Council; now, therefore
It is moved, By the Common Council of the City of Milwaukee, that Section 460.30(A) of Milwaukee Police Department Standard Operating Procedure 460 - Use of Force shall be modified as follows:
Any officer who personally observes another officer using force (regardless of their rank >>or the agency that employs the officer<<), which the observing officer, based on their training, believes or knows to be beyond that which is objectively reasonable under the circumstances and/or does not conform with the standards under s. 175.44(2)(b) or (c) Wis. Stats., shall reasonably attempt to intervene to prevent the use of such excessive force, if the observing officer is in a position to do so, ideally before the situation escalates, and if any such intervention does not jeopardize safety. Any such intervening officer shall promptly report their observations, along with his/her own intervening actions to a supervisor. A failure to intervene in any unreasonable use of force, when there is an opportunity to do so, demonstrates a lack of courage, and a violation of the Code of Conduct and of this SOP. Any supervisor to whom such intervention or failure to intervene is reported must comply with the reporting and investigation requirements of SOP 450.15.
; and
It is further moved, That Section 460.30(B) of Milwaukee Police Department Standard Operating Procedure 460 - Use of Force shall be modified as follows:
DUTY TO REPORT NONCOMPLIANT USE OF FORCE (s. 175.44(3), Wis. Stats.).
Members shall, while in the course of his or her law enforcement duties, report noncompliant uses of force as soon as is practicable after the occurrence of the use of such force to a supervisor if they witness another law enforcement officer use force that does not comply with the standards of s. 175.44(2)(b) or (c) Wis. Stats. >>If members personally observe another officer using force (regardless of their rank or the agency that employs the officer), which the observing officer, based on their training, believes or knows to be beyond that which is objectively reasonable under the circumstances and/or does not conform with the standards under s. 175.44(2)(b) or (c) Wis. Stats., the member shall conduct an investigation to determine if a violation of the law occurred.<<
; and
It is further moved, That Section 004.15(A) of Milwaukee Police Department Standard Operating Procedure 004 - Whistleblower Protection shall be modified as follows:
All employees of the Milwaukee Police Department have an affirmative duty to report serious acts of misconduct or failures to perform actions, defined in departmental policy, procedures, or the Code of Conduct. Sworn members also have a duty to report noncompliant uses of force when they witness another law enforcement officer >>, regardless of the agency that employs the officer,<< use force that does not comply with the standards under s. 175.44(2)(b) or (c) Wis. Stats. Failure to report shall result in corrective or disciplinary action.
; and
It is further moved, That Section 004.15(C) of Milwaukee Police Department Standard Operating Procedure 004 - Whistleblower Protection shall be modified as follows:
In uncommon situations involving highly egregious offenses or illegality that may have serious or broader departmental or governmental implications, a complaint may be made directly to the Chief of Police, or designee. Examples include, but are not limited to, broad-based corruption, conspiracy among employees, >>illegal conduct by law enforcement officers not employed by the Milwaukee Police Department,<< or offenses involving or including high-ranking officers or members of government.
Requestor
Drafter
LRB181397-2
Dave Gelting
February 16, 2026