Number
191826
Version
SUBSTITUTE 2
Reference
181430, 191193
Sponsor
ALD. DONOVAN
Title
Substitute resolution approving revised template intergovernmental agreements to use with various law enforcement agencies providing supplemental law enforcement services to the City of Milwaukee for the 2020 Democratic National Convention and approving an agreement to deputize assisting out-of-state officers.
Analysis
This resolution approves revisions to the template intergovernmental agreements, previously approved by the Common Council, with various law enforcement agencies to provide supplemental law enforcement services to the City of Milwaukee for the 2020 Democratic National Convention and authorizes the City to enter into an agreement with a county, state or federal agency authorized to deputize officers from out-of-state who will be providing assistance.
Body
Whereas, The City of Milwaukee was selected to host the 2020 Democratic National Convention (the “Convention”) in July of 2020; and
Whereas, As the host city for the Convention, the City entered into an agreement between the City, The Democratic Party (“DNC”) and The Good Land Committee, Inc. (“Host Committee”) regarding the City’s role in hosting the Convention (“City Agreement”) which was approved by Common Council Resolution No. 181430 on March 11, 2019; and
Whereas, Under the terms of the City Agreement, the City is required to, among other things, assist the DNC and Host Committee with providing security services as necessary for the Convention in cooperation with the DNC, federal agencies such as the Secret Service and other law enforcement agencies; and
Whereas, A federal security grant is expected to pay the costs of the security services needed for the Convention (including the costs to borrow personnel from other jurisdictions), but in the event the federal grant is not available, the City Agreement requires the Host Committee to reimburse the City for such costs; and
Whereas, On November 26, 2019, the Common Council adopted File No. 191193 approving two intergovernmental agreement templates to be used with various law enforcement agencies to provide law enforcement officers to assist with the Convention - one for Wisconsin agencies (the “WI IGA”) and one for out-of-state agencies (the “Out-of-State IGA”); and
Whereas, Through negotiations with the assisting agencies some of the terms of the approved intergovernmental agreements had to be modified in ways that were substantial enough to require further Common Council approval; and
Whereas, The WI IGA had to be revised to acknowledge that s. 66.0313, Wis. Stats., requires the City, as the requesting agency, to treat assisting Wisconsin officers the same as the City’s own employees for liability purposes; and
Whereas, The Out-of-State IGA had to be revised to acknowledge that out-of-state officers will have arrest and other police powers after being deputized by an agency authorized to do so and to provide the same liability protections that out-of-state agencies have come to expect when providing assistance in another state under the nationwide Emergency Management Assistance Compact; and
Whereas, The City will have to enter into an agreement with an agency at the county, state or federal level authorized to deputize out-of-state officers who will then serve under the command and control of the Milwaukee Police Department for the Convention and will remain covered by the terms of the Out-of-State IGA with their agency; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that the revised template Out-of-State IGA, attached to this file, is approved to be entered into between the City and various out-of-state law enforcement agencies, subject to approval by the Wisconsin Attorney General; and, be it
Further Resolved, That the revised WI IGA, attached to this file, is approved to be entered into between the City and various law enforcement agencies within Wisconsin; and, be it
Further Resolved, That the City Attorney is hereby authorized to negotiate an agreement with an agency from the county, state or federal level authorized to deputize out-of-state officers to provide for deputizing of out-of-state officers assisting with the Convention, consistent with this Resolution; and, be it
Further Resolved, That the appropriate City officials, including the Chief of Police, are authorized to execute the revised intergovernmental agreements between the City of Milwaukee and various law enforcement agencies from Wisconsin and other states to provide supplemental law enforcement services for the Convention, with such minor modifications that may be necessary as approved by the City Attorney (or required by the Wisconsin Attorney General with regard to the Out-of-State IGA) and any other documents that may be necessary to carry out the City’s obligations under such agreements, including an agreement with an agency authorized to deputize out-of-state officers who will be assisting with the Convention.
Requestor
Milwaukee Police Department
Drafter
CAO: Mary L. Schanning
March 12, 2020
1077-2018-1850:267227