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File #: FPC20205    Version: 0
Type: Fire and Police Resolution Status: In Commission
File created: 6/8/2020 In control: FIRE AND POLICE COMMISSION
On agenda: 6/11/2020 Final action: 12/10/2020
Effective date:    
Title: Resolution to amend Standard Operating Procedure 460 - Use of Force
Sponsors: THE CHAIR
Attachments: 1. FPC20205 460-USEOFFORCE1, 2. FPC20205 REDACTED CLEAN SOP 460 - USE OF FORCE, 3. FPC 20205 REDACTED CLEAN 460 - USE OF FORCE, 4. Response to FPC20205 Resolution to amend Standard Operating Procedure 460 - Use of Force, 5. REDACTED CLEAN 460 - USE OF FORCE - Updated 12-10
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
12/10/20200 FIRE AND POLICE COMMISSION ADOPTEDPass6:0 Action details Meeting details Video Video

Minutes note: Chief of Staff Nick DeSiato provided the following summary on the provisions that were made to Standard Operating Procedure 460 - Use of Force DeSiato "Frankly Chair, you really did summarize what some of the key items were from the changes from the Use of Force, because it does include for example for the non-gauge, strangle holds, choke holds, strangle holds, lateral neck restraints and so forth, this is the proverbial choke hold and consistent with "Eight can't wait." - which is obviously one of the eight from the "Eight can't wait". It does include a provision which is consistent throughout Wisconsin and around the country: "The deadly force shall only be used when the officer reasonably believes it is necessary to prevent death or create bodily harm to himself or herself or others." So, it does create that very limited exception, but it does explicitly prohibit the use of choke holds. We've said this before that this is not a trained technique. However, we do appreciate that overtly putting this on our SOP is consistent with what the community has been of our department as well as departments around the country. That revision amount of force also 460.25, it was previously under 460.20, does include a provision that specifically says, "Members shall not be using OC on peaceful demonstration and defining peaceful demonstrations devise gathering of people expressing a position in a cooperative matter without violation of the law." So again, we understand from hearing from the community that it was important. We understand from the commission that it was important to explicitly place these items unto our SOP, particularly with this one, use of force. It includes a provision 460.40 which was previously 460.35, obviously there was re-numbering. This is for discharging a weapon at an operated vehicle, which is visibly perceived that the vehicle is being used as a weapon. This is in terms of updating in terms of shooting at a moving vehicle. This is another one of the items of the "Eight can't wait." One of the big takeaways that we believed that we were largely consistent with "Eight can't wait" going into this, but after the revisions of 460 assuming they're approved by the Fire and Police Commission is that we would be entirely consistent with "Eight can't wait" and I think that was important. Again, from feedback from the community and something that we supported. As you would have referenced Chair for the "I can't breathe", I am paraphrasing, but that provision was added. This was something that Alderman Stamper had previously presented as a resolution to the Council. It was something that worked its way to the commission and that's something that was added. This is under 460.45 "If a subject states he or she cannot breathe, states he or she is having chest pains, request medical attention or if the officer observes the subject in medical distress when utilizing force, the officer shall immediately evaluate the situation...and so and so forth while rendering aid so, I am paraphrasing but again that was a provision that we heard back from the community and it was imperative that it was included in our update for the use of force. For filing a report, this is for whenever an officer points a firearm at an individual again, this is something that we heard from the community. This is something that had been brought up before our Common Council. It's for doing a use of force report whenever an officer points a firearm. That is something we even looked at other jurisdictions were doing. It's something that we understand as an expectation that we file a use of force again, when an officer points a firearm knowing that that is a very significant event for that individual who was in that particular encounter. Finally, for the use of force committee, this is previously 460.50 but it is now number 460.55, it does provide a timeline for when we're providing information for our use of force committee and also that providing correspondence if we did not hold our use of force committee. As I recall, this was the former Commissioner Robakowski had brought up issues and perhaps other commissioners of the use of force committee and this was something that was updated in this particular draft. One other provision too is that there was a line that was added, "The Milwaukee Police Department is committed to resolving conflict for the use of professional communication skills, precious intervention, and de-escalation tactics when feasible. This is a provision that we obviously support that we present before you and is also was a result of our negotiations and ultimate settlement in state of Seville case." A request was made from Commissioner Cocroft to amend the resolution to add the New Orleans pyramid diagram to this SOP. DeSiato "One thing that I do want to highlight and that in giving the summary, one thing I failed to do when giving the summary I would highlight one of the other revisions from our use of force is the de-escalation process. I have that in my recitation of the edits, but we did go through a continuum. This would be under what was 460.20 which highlights de-escalation and it goes through section a-d and what I'm hearing from you seems to be very consistent with what's in front of me." Another issue that Commissioner Everett Cocroft was banning no-knock warrants or prohibiting them. This relates to another Standard Operating Procedure. He would like to see this done especially, in the light of Brianna Taylor.
Pass5:0 Roll call Meeting details Video Video
9/24/20200 FIRE AND POLICE COMMISSION REFERRED TO   Action details Meeting details Not available

Minutes note: A motion was made by Raymond Robakowski, seconded by Anna Wilson for this committee to convene in closed session to consider this item pursuant to Section 19.85 (1) (d) Wis. Stats. to consider strategy for crime detection or prevention, and pursuant to Section 19.85 (1) (g) Wis. Stats. to confer with a representative of the City Attorney's Office who will render oral or written advice concerning strategy to be adopted by the Board with respect to litigation in which it is or is likely to become involved.
   Action details Meeting details Not available
7/30/20200 FPC POLICIES AND STANDARDS COMMITTEE REFERRED TO   Action details Meeting details Not available

Minutes note: Professor Kimberly Hassle brought the presentation of Memorandum for suggested language from received input from the community for this Standard Operating Procedure as point for discussion Commissioner Everett Cocroft requested the following changes to this Standard Operating Procedure (SOP): -He read Professors Kimberly Hassle Memorandum. Thought it was very insightful and informative. He recommends that the Board goes forward with the Use of Force changes and use the “Eight can’t wait”. -Mentioned Alderman Stamper's resolution of “I can’t breathe” and add this in the Use of Force policy The Chair proposes to integrate the changes recommended from Professor Kimberly Hassle along with the input of the community and then send to Assistant Chief Howard to amend the Standard Operating Procedure and provide the SOP to the Board a week before the next meeting so that the Board can vote on it. The Committee will compile the memorandums and send to Milwaukee Police Department (MPD) and the Milwaukee Police Department (MPD) can start to integrate to this policy. Public Comment -Vaun Mayes Assistant Chief Howard will gather the training materials and will forward by email to the commissioners.
   Action details Meeting details Not available
6/11/20200 FIRE AND POLICE COMMISSION REFERRED TO   Action details Meeting details Not available
6/8/20200 FIRE AND POLICE COMMISSION REFERRED TO   Action details Meeting details Not available








Resolution to amend Standard Operating Procedure 460 - Use of Force



Jasmine Agrait