Master Detail Report

City of Madison

Legislative File ID 04661

display printable version

Type:

Resolution

Status:

Passed

Enactment Date:

11/22/2006

Enactment No.:

RES-06-00989

Title:

SECOND SUBSTITUTE - Amending the 2006 Operating Budget by authorizing the expenditure payment of $35,000 from the contingent reserve, requesting the creation of a new Madison Police departmental policy, and conveying an apology.

Controlling Body:

COMMON COUNCIL ORGANIZATIONAL COMMITTEE

Introduced:

10/4/2006

Version:

Final Action:

11/21/2006

Contact:

Lisa Veldran

Name:

SECOND SUBSTITUTE Amending the 2006 Operating Budget by authorizing the expenditure of $35,000 from the contingent reserve, requesting the creation of a new Madison Police departmental policy, and conveying an apology.

Extra Date 1:

Requester:

COMMON COUNCIL ORGANIZATIONAL COMMITTEE

Sponsors:

Austin W. King, Brenda K. Konkel, Robbie Webber, Judy K. Olson, Michael E. Verveer, Tim Gruber, Brian Benford, Santiago Rosas, Kenneth Golden

Attachments:

Legislative File Text
reg forms - speakers in support.pdf
04661 Registration Stmts.pdf
04661 Registration Stmts II.pdf
04661 Amendment.pdf

Legislative History

Date

Acting Body

Action Taken

Motion

10/3/2006	COMMON COUNCIL	A motion was made by Ald. King, seconded by Ald. Verveer, to Refer to a future Meeting to Adopt for October 17, 2006. The motion passed by acclamation.	Pass
	Notes: Adopt at the 10/17/06 Common Council Meeting (3/4 vote required)
10/4/2006	Council Office	Fiscal Note Required / Approval to the Comptroller's Office/Approval Group Completed on 10/4/2006
	Notes: Common Council Meeting 10/17/06
10/4/2006	Comptroller's Office/Approval Group	Approved Fiscal Note By The Comptroller's Office to the Council Office Completed on 10/4/2006
	Notes: Brasser
10/4/2006	Council Office	Referred for Introduction
	Notes: Common Council Meeting 10/17/06
10/17/2006	COMMON COUNCIL	A motion was made by Ald. King, seconded by Ald. Verveer, to Refer to the COMMON COUNCIL ORGANIZATIONAL COMMITTEE. The motion passed by acclamation.	Pass
	Notes: 2 Registrant(s) in support wishing to speak; 3 Registrant(s) in support not wishing to speak.
11/14/2006	COMMON COUNCIL ORGANIZATIONAL COMMITTEE	A motion was made by Webber, seconded by Cnare, to RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER for November 21, 2006 Registrations: Bill Lueders Support Available to Answer Questions Ald. Austin King submitted substitute language to the resolution for CCOC consideration: BE IT FURTHER RESOLVED that the Common Council applauds Madison Police Chief Noble Wray's heartfelt and courageous apology to Patty that was made at the Common Council meeting of October 17, 2006, as well as his involvement on a statewide commission seeking to improve interrogation policies and practices, and, BE IT FINALLY RESOLVED, that the Common Council hereby requests that Chief Wray prepare a report for Common Council consideration within 90 days of adoption of this resolution with his recommendations on interview and interrogation policies or procedures, including how to eliminate the use of lies, coercion, deception, ruses, or other techniques designed to break down individuals who are reporting that they are victims of sensitive crimes, in all but the rarest of circumstances. Ald. King stated that Bill Lueders was present and available to answer questions regarding details of the case. Ald. King noted that the substitute language: 1. Acknowledged the apology of October 17, 2006 by Chief Wray 2. Changed the time for a report from the Chief from 30 days to 90 days 3. Original resolution called only for a "policy", now calls for a "policy or procedures". (The word "policy" connoted too narrow of a definition for the Police Department.) 4. Changed "victims of domestic violence or sexual assault" to "victims of sensitive crimes". Ald. Tim Bruer asked Bill Lueders about the role of the law firm, Axley Brynelson. Mr. Lueders indicated this was the law firm that was hired by the City's insurer, WMMIC, to represent the City of Madison in the lawsuit filed by Patty. The lawsuit was filed in March 1999 and Axley Brynelson conducted depositions until April 2000. Axley Brynelson filed for a summary judgement in May 2000, which the judge immediately granted. The law firm billed $96,000 for handling the case. Ald. King noted that rape shield laws defend victims in court but not in depositions. Patty was put through 19 hours of unnecessary deposition by Axley Brynelson, who in turn billed for those hours. City Attorney May noted that the body of resolution did accurately reflect Axley Brynelson's role in the case. Ald. Isadore Knox wanted to know if Chief Wray could summarize what the current MPD guidelines were in conducting interrogations. Chief Wray explained Miranda warnings were standard but the techniques used in interrogations varied and was dependent upon the circumstances. For example, when undercover investigators are involved, it is not uncommon to use lies during the interrogation. Chief Wray indicated that the issues in the resolution are broader than what is described. He appreciated the changes to the resolution by Ald. Austin King. He believed that the focus would be on false confessions. There are a number of factors that would increase the possibility that an individual would make a false confession; age of person you are interrogating, the time or length of the interview, mental capacity of the person and the dynamics when interviewing someone who is a victim of a sensitive crime. He stated that the MPD's approach to this would not be to simply look at changing policy language but exploring the use of videotaping interviews. The State commission that he is involved with will be providing a summary on this and he would like to use their summary when preparing his report to the Council. He would like to gather input from his officers and detectives on their experiences with interrogation processes. Chief Wray noted that the department wants to take the lead on developing the policy, not have policy directed at them. Ald. Austin King wanted to know what outside entities Chief Wray would look to for direction on developing the interrogation policy. Chief Wray noted that he would seek input from State Department of Training & Standards (part of the State commission), Captain Tom Snyder and the detectives that work on sensitive crimes, and sensitive crime advocates to develop a balanced interrogation policy. Ald. King asked if he would benefit from what other police departments are doing across the country. Noble felt that the MPD is in the forefront of looking at using videotaped interrogations. Ald. Lauren Cnare asked Attorney May what would prevent another WMMIC law firm from conducting itself the same way as Axley Brynelson. Attorney May thought that it would be highly unlikely since the City of Madison and WMMIC are carefully monitoring outside counsel and that he had faith in the ability, methods and billing of costs with existing outside counsel used by WMMIC. Ald. Tim Bruer asked what the out of pocket costs were to Patty. Bill Lueders provided the following figures: $5,000-$10,000 - cost of Federal lawsuit $5,000 - legal fees $10,000 -- $15,000 in lost wages Ald. Tim Bruer asked Ald. Austin King how he came up with $35,000. Ald. King responded that the $35,000 was a liberal estimate on his part. Ald. Mike Verveer commended Bill Lueders for writing the book and Ald. Austin King for trying to right this wrong. Ald. Lauren Cnare indicated that she would be voting no on this item. She supported asking for a report on interview and interrogations policies and procedures but believed those that were responsible should be apologizing, not Chief Wray. She thought that it let those responsible for this travesty off the hook for their actions. Ald. Tim Bruer asked if Patty had legal counsel during the interrogation. Bill Lueders indicated that she had not had legal counsel during the interrogation. Ald. Tim Bruer indicated that if Patty had the means to pay for legal counsel she would not have had to endure the loss of a job and emotional scarring. Ald. Isadore Knox thought that this gesture sent a message from the Council that a person's rights are respected. He stated that he would support the resolution. He also noted that the Public Safety Review Board should have citizens on the board who are not from the law enforcement field to lend balance to the board. Ald. Austin King praised Bill Lueders and Chief Noble Wray. He stated that the goals of the resolution were: 1. Offer some form of an apology to Patty 2. Take the words of the apology and put them into action by expending $35,000 to make the apology meaningful 3. Request a policy review of interview and interrogation policies and practices so that the City never sees this type of travesty again. Ald. Tim Bruer asked that someone check with Patty to make sure that money she receives from the City does not terminate any assistance she may be receiving currently (e.g. SSI) Ald. Austin King said that the would work with the Mayor and Comptrollers' Office so this would not happen. The motion passed by the following vote:	Pass (6:1)
	Notes: Ald. Lauren Cnare was recorded as voting "no".
11/15/2006	Council Office	Fiscal Note Required / Approval to the Comptroller's Office/Approval Group due on 11/15/2006. Completed on 11/15/2006
11/15/2006	Comptroller's Office/Approval Group	Approved Fiscal Note By The Comptroller's Office (SUBSTITUTES) to the COMMON COUNCIL ORGANIZATIONAL COMMITTEE Completed on 11/15/2006
	Notes: Simon
11/21/2006	COMMON COUNCIL	A motion was made by Ald. King, seconded by Ald. Verveer, to Adopt. The motion passed by the following vote:	Pass (15:2)
	Notes: 4 Registrant(s) in support wishing to speak; 7 Registrant(s) in support not wishing to speak; 1 Registrant(s) neither in support or opposition not wishing to speak.
11/21/2006	Comptroller's Office/Approval Group	Approved Fiscal Note By The Comptroller's Office (SUBSTITUTES) to the COMMON COUNCIL ORGANIZATIONAL COMMITTEE Completed on 11/21/2006
	Notes: Brasser
11/21/2006	COMMON COUNCIL	A motion was made by Ald. Brandon, seconded by Ald. Compton, to Adopt With Amendment(s) as follows: strike "BE IT FURTHER RESOLVED that the City of Madison shall not retain the firm of Axley Brynelson for any future legal services for the City until January 1, 2017, without an express resolution of the Common Council to do so, and that the City request of its insurer, WMMIC, that it similarly not retain the firm of Axley Brynelson to represent the City during this time; and" The motion failed by the following vote:	Fail (6:11)

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