Fiscal Note
No City appropriation required.
Title
SUBSTITUTE: Amending Subsections 5.19(6), (7)(i) and (8) and amending Subsection 5.20(9)(f) of the Madison General Ordinances to add public reporting requirements for the Office of the Independent Monitor and Police Civilian Oversight Board.
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DRAFTER’S ANALYSIS: This ordinance revises several sections of the ordinances related to the work of the Office of the Independent Police Monitor (OIM) and the Police Civilian Oversight Board (PCOB). The ordinance clarifies that the OIM, while independent in its responsibilities and authority to conduct investigations and make recommendations, is subject to City procedures and policies as are other City agencies. The ordinance also clarifies the OIM’s use of legal counsel and adds subjects to be addressed in the OIM’s quarterly reports and the PCOB’s annual report.
The SUBSTITUTE adds language related to the Common Council’s authority to enforce compliance with certain City administrative procedures and directs the OIM, Police Department and City Attorney to create a Memorandum of Understanding to outline the OIM’s access to MPD records as permitted by law. The Substitute also modifies the information for the OIM to include in quarterly reports and for the PCOB to include in its annual report.
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The Common Council of the City of Madison do hereby ordain as follows:
1. Subsection (6) entitled “Independence of the Monitor” of Section 5.19 entitled “Office of the Independent Police Monitor” of the Madison General Ordinances is amended as follows:
“(6) Independence of the Monitor.
(a) Independent from MPD. The OIM shall in all respects remain sufficiently independent from the MPD in order to prevent the OIM and the MPD from becoming so closely aligned that the OIM cannot effectively fulfill its duties. For example, at a minimum, the OIM shall not be physically located in the same of...
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