City of Madison, Wisconsin | Legislative Information Center
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File #: 61265    Version: Name: Prohibiting Use of Tear Gas
Type: Resolution Status: Passed
File created: 7/7/2020 In control: Attorney's Office
On agenda: 7/14/2020 Final action: 10/6/2020
Enactment date: 10/13/2020 Enactment #: RES-20-00707
Title: AMENDED SUBSTITUTE. Prohibiting the use of tear gas as of February 2, 2021, and Rrequesting a study of alternatives by the Madison Police Department.
Sponsors: Patrick W. Heck, Shiva Bidar, Keith Furman
Attachments: 1. References, 2. 8/4/20: Ald. Henak Email Re 61265.pdf, 3. 61265 v1.pdf, 4. Ald. Lemmer amendment, 5. Ald. Abbas amendment, 6. v2.pdf
Related files: 63561
Date Ver.Action ByActionResultAction DetailsMeeting DetailsWatch
10/6/20202 COMMON COUNCIL Amend the SubstituePass Action details Meeting details Not available
10/6/20202 COMMON COUNCIL Amend the SubstitueFail Action details Meeting details Not available
10/6/20202 COMMON COUNCIL Adopt Substitute As AmendedPass Action details Meeting details Not available
9/16/20201 PUBLIC SAFETY REVIEW COMMITTEE RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICERPass Action details Meeting details Not available
9/10/20201 EQUAL OPPORTUNITIES COMMISSION Return to Lead with the Recommendation to Place on FilePass Action details Meeting details Not available
8/18/20201 COMMON COUNCIL EXECUTIVE COMMITTEE Return to Lead with the Following Recommendation(s)Fail Action details Meeting details Not available
8/13/20201 EQUAL OPPORTUNITIES COMMISSION TablePass Action details Meeting details Not available
8/12/20201 PUBLIC SAFETY REVIEW COMMITTEE Re-refer  Action details Meeting details Not available
8/4/20201 COMMON COUNCIL EXECUTIVE COMMITTEE Re-refer  Action details Meeting details Not available
7/14/20201 PUBLIC SAFETY REVIEW COMMITTEE Referred  Action details Meeting details Not available
7/14/20201 PUBLIC SAFETY REVIEW COMMITTEE Referred  Action details Meeting details Not available
7/14/20201 COMMON COUNCIL ReferPass Action details Meeting details Not available
7/7/20201 Attorney's Office Referred for Introduction  Action details Meeting details Not available
Fiscal Note
The proposed resolution prohibits the use of tear gas as of February 2, 2021 and requests a study of alternatives by the Madison Police Department (MPD). The resolution defines tear gas as various chemical agents. Costs fluctuate from year to year in correspondence with usage, training needs or expiration. In 2019, the department spent approximately $3,600 on chemical sprays. While there would be savings associated with not purchasing these items, an alternative could consume some or all of these savings or require additional funding from the Common Council. Staff time (including overtime) would be involved in order to produce this study. With the major events impacting MPD’s overtime budget (shots fired incidents, COVID, protests), the Department will likely need an additional appropriation to cover overtime costs.

An ordinance prohibiting the MPD from using tear gas, mace and impact projectile devices, Legistar file ID #61250, is also being introduced.

Title
AMENDED SUBSTITUTE. Prohibiting the use of tear gas as of February 2, 2021, and Rrequesting a study of alternatives by the Madison Police Department.
Body
WHEREAS, the use of lachrymatory chemicals, often referred to as tear gas or riot control agents, in war has been banned for almost a century by the UN Geneva Protocol of 1925, as well as by the Chemical Weapons Convention of 1993; and

WHEREAS, the Centers for Disease Control list a variety of chemical compounds in the category of riot control agents, including "chloroacetophenone (CN) and chlorobenzylidenemalononitrile (CS)…. chloropicrin (PS)…bromobenzylcyanide (CA); dibenzoxazepine (CR); and combinations of various agents"; and

WHEREAS, that for the purposes of this resolution, the term “tear gas” is defined as chloroacetophenone (CN), chlorobenzylidenemalononitrile (CS), chloropicrin (PS), bromobenzylcyanide (CA), dibenzoxazepine (CR), and combinations of these and related agents, and that oleoresin capsicum (OC) spray is not in...

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