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 n...