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File #: FPC19242    Version: 0
Type: Fire and Police Resolution Status: In Commission
File created: 6/12/2019 In control: FIRE AND POLICE COMMISSION
On agenda: 6/20/2019 Final action: 8/6/2020
Effective date:    
Title: Resolution to amend Standard Operating Procedure 765 - Asset Forfeiture
Sponsors: THE CHAIR
Attachments: 1. SOP 765 Asset Forfeiture - public agenda, 2. SOP 765 Asset Forfeiture Response From Paul Mozina, 3. FPC19242 REDACTED CLEAN SOP 765 - ASSET FORFEITURE (003), 4. FPC19242 REDACTED CLEAN SOP 765 - ASSET FORFEITURE, 5. Response To FPC19242 Redacted Clean SOP 765 Asset Forfeiture (003) From Paul Mozina, 6. FPC19242 REDACTED CLEAN SOP 765 - ASSET FORFEITURE (004)
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
8/6/20200 FIRE AND POLICE COMMISSION ADOPTED

Minutes note: Commissioner Everett Cocroft addressed that he believed was not in the SOP 765 Asset Forfeiture was the difference between the HIDTA program and the HIDTA division as well as adding auditing and reporting as a new section in the SOP. Commissioner Everett Cocroft made a motion to add these clarifications to the SOP 765 Asset Forfeiture.
Pass7:0 Action details Meeting details Not available
7/30/20200 FPC POLICIES AND STANDARDS COMMITTEE REFERRED TO

Minutes note: A motion was made by Raymond Robakowski, seconded by Everett Cocroft that this resolution be ADOPTED. A roll call vote was taken and is the following: Commissioner Cocroft - Aye Commissioner McKenzie - Aye Commissioner Robakowski - Aye Chair - Aye This item was ADOPTED in committee and was REFERRED to the next Fire and Police Commission meeting to be approved by the full Board.
   Action details Meeting details Not available
7/2/20200 FPC POLICIES AND STANDARDS COMMITTEE REFERRED TO

Minutes note: Public Comment -Paul Mozina Commissioner Everett Cocroft reiterated his requested changes regarding the Standard Operating Procedure. `-He does not agree seizing people's money for $1000.00 because it can lead to profiling. He would like to eliminate that or raise it to $5000.00. -He believes the definition should be spelled out and it should be in the policy that the Milwaukee Police Department does not do state cases anymore. -Also has an issue with there not being any state cases because none of the Asset Forfeiture money goes back to the public schools. -Asset Forfeitures going to community organizations and how it would be better for it to be advertised so that they would be aware how to apply for them other than just the districts. He would like for that to be added as well. Commissioner Angela McKenzie also reiterated her requested changes regarding the Standard Operating Procedure. She still stands by her points made in the last Policies and Standards meeting May 28, 2020. -To ensure the issue of jurisdiction was kept in the policy. The 2016 version of SOP 765 Asset Forfeiture had information about jurisdiction. Wants that same format in the new version of the SOP 765 Asset Forfeiture. -Did not see HIDTA in the policy where it was the find. Would like for it to be in the policy. -Would like certain things defined that she had mentioned in the last Policies and Standards meeting May 28, 2020. -She also said it was important for the Fire and Police Commission website to note when there is this Asset Forfeiture what happens to the money and how is it dispersed. A portion is dispersed to the community and the other to the Police Districts but there is something that is delineated where the Milwaukee Police Department is aware of but the community is not. There were contradictions within the language of the updated SOP vs. the federal. She also has an issue with the amount of money being so low and agrees with Commissioner Everett Cocroft and public comment made by Mr. Paul Mozina. To conclude, she still stands by her points made in the last Policies and Standards meeting and is wanting the certain amendments to the SOP as well as the posting of where the Asset Forfeitures are going on the Fire and Police Commission website. The Committee was yet to receive the revised Standard Operating Procedure from Milwaukee Police Department with the requested changes. The Chair questioned the Milwaukee Police Department Chief Of Staff Nick DeSiato as to why the revised SOP was yet to be given to the Board. DeSiato noted that the Board had agreed to gather the requested changes and provide those to the Milwaukee Police Department (MPD) so that they can implement the requested changes and provide the revised SOP. It was never clarified as to who would be providing the requested changes to the Milwaukee Police Department (MPD). The Chair then made it clear to Milwaukee Police Department command staff that the commissioners will compile their requests and email them to the Chair. Those requests will then be routed to the Executive Director Griselda Aldrete. The Executive Director will then send the requested changes to the command staff to implement the changes and provide the Committee with a revised SOP at the next Fire and Police Commission Policies and Standards meeting scheduled for July 30, 2020. The Chair also requested for MPD Staff to provide the revised SOP a week before the next scheduled Policies and Standards meeting July 30, 2020, to ensure that all of the requested changes are documented.
   Action details Meeting details Not available
5/28/20200 FPC POLICIES AND STANDARDS COMMITTEE REFERRED TO

Minutes note: Commissioner Everett Cocroft requested several changes regarding Standard Operating Procedure 765 Asset Forfeiture. He requested for language to be added to the policy in regards to the Milwaukee Police Department and how they no longer pursue state cases. He also requested for a larger percentage of the money and resources from the asset forfeiture to go to agencies that are helping with community policing and conflict resolution. Lastly, he had an issue with the $1000.00 amount money seizure requirement. Commissioner Angela McKenzie requested several changes regarding Standard Operating Procedure 765 Asset Forfeiture. She would like the 2019 version of this policy to have the same outline as the 2016 version of the Standard Operating Procedure 765 Asset Forfeiture. She also requested for the 2019 version to have noted timelines that outline some type of communication to someone who has had their property taken. Lastly, she requested for the policy to outline what the jurisdiction is and to also have a section in the policy with the definitions for federal forfeiture proceedings to bring clarity on the jurisdiction that exists, the entities that are enforcing it, and U.S Code and law. She referred to the 2016 version of the policy Section 765.10 section g and she would like for this to be in the 2019 version as well. Commissioner Angela McKenzie also addressed an idea to the Chair to have a section on the Fire and Police Commission website providing an outline where the community can click and view the reports that the Milwaukee Police Department mentioned on how the asset forfeiture money is split apart and given to community groups or invested in the community. Chief Morales and the command staff requested for the changes to be memorialized in writing so that they can work on and implement the changes discussed. The Chair confirmed that the changes will be provided. The Chair asked for the department to implement the changes discussed in regards to this item, document it, and bring back to Committee. He also would like to give an opportunity to receive feedback from the Community for the next Fire and Police Commission Policies and Standards Committee meeting.
   Action details Meeting details Not available
3/5/20200 FIRE AND POLICE COMMISSION REFERRED TO   Action details Meeting details Not available
2/20/20200 FPC POLICIES AND STANDARDS COMMITTEE REFERRED TO

Minutes note: This item will be placed on the full Board agenda on March 5, 2020 at the Call of the Chair. Public Comment: 1. Paul Mozina 2. Mark Wahl 3. Gretchen Schuldt
   Action details Meeting details Not available
7/25/20190 FIRE AND POLICE COMMISSION REFERRED TO   Action details Meeting details Not available
6/20/20190 FIRE AND POLICE COMMISSION HELD IN COMMISSION

Minutes note: Held for one meeting to hear additional public comments
   Action details Meeting details Not available
6/12/20190 FIRE AND POLICE COMMISSION REFERRED TO   Action details Meeting details Not available

Number

FPC19242

Version

ORIGINAL

Reference

 

Sponsor

 

Title

Resolution to amend Standard Operating Procedure 765 - Asset Forfeiture

Requestor

 

Drafter

Elizabeth Moore

06/12/19