Madison, WI Header
File #: 46571    Version: Name: ALTERNATE - Authorizing the City to reimburse legal fees to Chief Michael C. Koval, as allowed under Sec 62.09(7)(e), Wis. Stats., and, amending the 2017 Adopted Operating Budget to appropriate $15,601 from the Contingent Reserve to Direct Appropriati
Type: Resolution Status: Passed
File created: 3/16/2017 In control: COMMON COUNCIL
On agenda: 3/21/2017 Final action: 5/2/2017
Enactment date: 5/8/2017 Enactment #: RES-17-00407
Title: ALTERNATE - Authorizing the City to reimburse legal fees to Chief Michael C. Koval, as allowed under Sec 62.09(7)(e), Wis. Stats., and, amending the 2017 Adopted Operating Budget to appropriate $21,953 from the Contingent Reserve to Direct Appropriations.
Sponsors: David Ahrens, Barbara Harrington-McKinney, Sara Eskrich
Attachments: 1. CA May Memo on Reimbursement of Chief Koval's PFC fees 03222017.pdf, 2. 4/13/17 City Attorney: Supplemental Memo on Koval Fees.pdf, 3. Attachments to CA May memo on reimbursement of costs 03222017 .pdf, 4. Koval Billing Summary.pdf, 5. Decision and Order.final.conformed.pdf, 6. 4/20/17 PFC_Letter_CCPresident.pdf, 7. 4/25/17 PFC Response to Common Council.pdf, 8. 4/28/17 CA May Second Supplemental Memo: Koval Fees with Calculations.pdf, 9. 46571 v 1.pdf, 10. 46571 v 2 Alternate.pdf, 11. 46571 v 3 2nd Alternate.pdf
Fiscal Note
The proposed resolution provides authorization to reimburse Chief Michael C. Koval for legal fees associated with a complaint before the Police and Fire commission. The cost of Chief Koval’s legal fees was $21,953. The funds will be appropriated from the 2017 Contingent Reserve. If adopted, the remaining balance in the 2017 Contingent Reserve will be $1,387,428.
Title
ALTERNATE - Authorizing the City to reimburse legal fees to Chief Michael C. Koval, as allowed under Sec 62.09(7)(e), Wis. Stats., and, amending the 2017 Adopted Operating Budget to appropriate $21,953 from the Contingent Reserve to Direct Appropriations.

Body
WHEREAS, On August 15, 2016 and August 22, 2016, two Madison residents filed complaints with Police and Fire Commission (PFC) against Madison Police Department (MPD) Chief, Michael Koval, for his behavior in regard to three incidents on June 7, 2016 at the City-County Building during and after a meeting of the Common Council; and,

WHEREAS, On March 4, 2017, the PFC issued its Decision and Order in regard to the three complaints; and,

WHEREAS, in the complaint in regard to an incident in which Chief Koval was alleged to have mimicked a gesture of reaching for his gun, the PFC found arguments in support of the claim to be unconvincing; and,

WHEREAS, in the complaint in regard to an incident in which Chief Koval was alleged to have pounded on his desk during a speech by a complainant, the PFC found that the act did not constitute misconduct; and,

WHEREAS, in the complaint, in regard to an incident in which Chief Koval, admittedly, loudly called one of the complainants, “a raging lunatic,” the PFC found that the remarks constituted a violation of the MPD Standard of Conduct but that this behavior and comment were “unique and isolated” in his lengthy record of service; and,

WHEREAS, in its Order, based on the evidence presented at the hearing and their views of the credibility of the witnesses, the PFC dismissed the Complain...

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