City of Madison - File #: 72126

• File #: 72126
• Version: 3
• Name: Prohibit Tear Gas
• Type: Ordinance
• Status: Passed
• File created: 6/14/2022
• In control: PUBLIC SAFETY REVIEW COMMITTEE
• On agenda: 9/20/2022
• Final action: 9/20/2022
• Enactment date: 9/29/2022
• Enactment #: ORD-22-00102
• Title: SECOND SUBSTITUTE: Creating Section 5.17 of the Madison General Ordinances to require the production of an after-action report by the Independent Police Monitor following the use of tear gas.
• Sponsors: Juliana R. Bennett, Yannette Figueroa Cole

Date	Ver.	Action By	Action	Result
9/20/2022	3	COMMON COUNCIL	Adopt the following Amendment(s) to the Substitute	Pass
9/20/2022	3	COMMON COUNCIL	Re-refer	Fail
9/20/2022	3	COMMON COUNCIL	Adopt Substitute As Amended	Pass
8/10/2022	1	PUBLIC SAFETY REVIEW COMMITTEE	RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER	Pass
7/19/2022	1	COMMON COUNCIL	Re-refer	Pass
7/13/2022	1	PUBLIC SAFETY REVIEW COMMITTEE	Re-refer
6/21/2022	1	COMMON COUNCIL	Referred
6/14/2022	1	Attorney's Office	Referred for Introduction

Fiscal Note
This ordinance has the potential to increase costs to the City through increased claim and litigation costs, and lack of mutual aid from surrounding jurisdictions that may result in increased overtime. It may result in the loss of revenue from the loss of large events due to the inability to obtain mutual aid. The proposed ordinance requires the Independent Police Monitor to complete an after-action review within 30 days of any use of tear gas by the Madison Police Department for crowd control. It is anticipated that any reports that are required will be completed using existing resources in the Office of the Independent Monitor's budget. No appropriation is required at this time.

Title
SECOND SUBSTITUTE: Creating Section 5.17 of the Madison General Ordinances to require the production of an after-action report by the Independent Police Monitor following the use of tear gas.
Body
DRAFTER'S ANALYSIS: For the purposes of crowd control this ordinance prohibits all Madison Police Department commissioned officers while on duty, and any commissioned officers employed by any other law enforcement agency responding to a request for mutual aid by the Madison Police Department, from using tear gas, mace, pepper mace, pepper gas, projectile devices or any other chemical agent that has the potential to indiscriminately target anyone other than the intended target.
The Substitute permits the use of the identified substances, agents and devices under certain circumstances and requires the Police Department to submit a report within 30 days of any such use to the Police Civilian Oversight Board and the Public Safety Review Committee.
The Second Substitute requires the Independent Police Monitor to complete an after-action review within 30 days of any use of tear gas by the Madison Police Department for crowd control, and share their findings with the Common Council, with the Police Civilian Oversight Board being the referral body for the purposes of reviewi...