Public Listening Session In Wauwatosa: You Asked, We Answered

Press release from the City of Wauwatosa:

August 21, 2020

We held a public listening session on July 21 about race, equity, and policing issues. The event was a hybrid format, meaning people could give comment in person, via Zoom, or via email. You can watch the video of the meeting online.

We’ve also hosted meetings of the newly formed Ad Hoc Committee to address policing and systemic inequities. Watch videos of their first meetings on the Meeting Portal.

Through these meetings as well as throughout the past few weeks we’ve received public comment on a variety of topics. Below are questions or comments we heard from the public. We organized answers by theme.

Policy changes towards equity

The Government Affairs Committee of the Wauwatosa Common Council created an Ad Hoc Committee to address policing and systemic inequities. They have a number of topics for their first meetings, including body worn cameras, complaints and commendations related to city employees, implicit bias training for city employees, and more.

Banning Chokeholds

The Common Council passed a ban on chokeholds on August 4, 2020, which is applicable throughout the City. This ordinance is consistent with current Police Department policy.

Can the Common Council or Mayor fire a police officer?

No. State law does not permit elected officials to terminate or discipline a police officer in Wauwatosa. This is the purview of the Chief of Police, and ultimately, the Police and Fire Commission.

For what reasons can a police officer be fired?

State law says a police officer’s employment can be disciplined or terminated if charges show just cause for such action. The standard for just cause is clearly defined in state law. In making its determination, the Police and Fire Commission applies the following standards, to the extent applicable:

1. Whether the subordinate could reasonably be expected to have had knowledge of the probable consequences of the alleged conduct.
2. Whether the rule or order that the subordinate allegedly violated is reasonable.
3. Whether the chief, before filing the charge against the subordinate, made a reasonable effort to discover whether the subordinate did in fact violate a rule or order.
4. Whether the effort described under subd. 3. was fair and objective.
5. Whether the chief discovered substantial evidence that the subordinate violated the rule or order as described in the charges filed against the subordinate.
6. Whether the chief is applying the rule or order fairly and without discrimination against the subordinate.
7. Whether the proposed discipline reasonably relates to the seriousness of the alleged violation and to the subordinate's record of service with the chief's department.

Can the Common Council or Mayor fire a Police Chief or Fire Chief?

No. State law says only the Police and Fire Commission can remove a chief from office and they are only permitted to do so if good cause is present. This is defined in state statute 62.13. The Chiefs have no term limit as defined in state law.

Why hasn’t action be taken by the Police & Fire Commission to terminate Officer Mensah’s employment after the most recent officer involved shooting?

Due process is important. The District Attorney’s office is reviewing the Alvin Cole case and has not yet made a determination. That determination will inform any next steps. In addition, the Anderson family has filed charges with the Police and Fire Commission about the 2016 officer involved shooting of Jay Anderson. The Commission has retained an independent investigator, former U.S. attorney Steve Biskupic, to conduct that investigation. The Police and Fire Commission intends to conduct an impartial review of this complaint. Officer Mensah has been suspended while the investigation is conducted. As required by state law, this is a paid suspension.

Are you concerned about these limitations from state law? Contact your state elected officials to share your opinion.

Why does Wauwatosa have a Police & Fire Commission?

State law requires that we have a Police and Fire Commission and includes that they will have five members that serve 5 year terms. No appointment can be made of more than three members belonging to the same political party.

How can we have better representation of diverse people in Wauwatosa?

We encourage diverse people to apply for careers working for the City of Wauwatosa. In fact, the City of Wauwatosa took a pledge to increase diverse management by 25% and diverse employment by 15% by 2025.

We also encourage residents to apply for volunteer positions on citizen committees.

What can be added or edited from our school curriculum?

The Wauwatosa School District and Wisconsin Department of Instruction could be resources in answering this question.

Why does the Milwaukee Police & Fire Commission do more than the Wauwatosa Police & Fire Commission?

Milwaukee’s Police and Fire Commission has what is called optional powers. The Wauwatosa Police and Fire Commission has not been given this same authority.

What other state rules, regulations, or laws speak to how a police department operates?

• There are state mandated policies and procedures
• The Law Enforcement Officers’ Bill of Rights (Chapter 164)
• Collective bargaining agreements
• The WI Law Enforcement Standards Board
• The WI Department of Justice training and standards bureau

How can we address low income housing in Wauwatosa?

A wide range of factors associated with both the supply and demand of housing have led to the existing housing conditions in Wauwatosa.

According to a 2020 CoStar Realty Information, Inc. report, Wauwatosa apartments with between 4 – 25 units have a 4.3% vacancy rate, and units with 26+ apartments have a vacancy rate of 3.9%. An average residential vacancy rate between 5 – 8% is considered healthy. This means that Wauwatosa has a high demand and low supply of apartments. It is unhealthy for the local economy to have low vacancy rates.

In 2019, the average price of a home for sale in Wauwatosa is more than 15% higher than the median home value just a few years ago.

A City of Wauwatosa Housing Affordability study says, "Any individual or family with an income below $69,000 cannot afford the monthly median owner-occupied cost for homes with a mortgage, and any individual or family with an income below $41,000 cannot afford the median monthly rent in the City. In Milwaukee County, nearly 40% of households could not afford to live in Wauwatosa."

To address these trends and many of the topics covered throughout this report, the following areas of the City’s Comprehensive Plan directly address housing:

• Diversify the City’s housing stock by density, design, and cost
• Promote the preservation and maintenance of the existing housing stock
• Encourage high-quality workforce housing, senior housing, and multi-family housing options in mixed-use infill and redevelopment sites
• Promote live-work opportunities and cooperative housing as alternative housing options
• Encourage increased walking and bicycling connectivity, especially around new multi-family developments, to provide residents alternative transportation options.

Read about the six housing projects happening in Wauwatosa, two of which include family affordable housing and senior affordable housing.

How do we address racial profiling?

The City of Wauwatosa and the Wauwatosa Police Department affirm that racial profiling by law enforcement is illegal and wrong. The Wauwatosa Police Department has a policy that discusses the issue of racial profiling and a complaint and investigation process.

Reclassifying Hate Crimes

The Milwaukee County Board has urged Governor and the legislature to make racist 911 calls a hate crime. Also included in this release is a call for national neighborhood watch and police dispatcher reform to reduce “living while Black” police responses.

Reallocating Funding

The City of Wauwatosa’s budget discussions happen throughout the year, but the next year’s budget will be heavily discussed each fall. We encourage the public to review the city’s budget and follow the decision-making process to weigh in on how funds are allocated. Read more about the City of Wauwatosa’s budget.

How do we get people of color on the Wauwatosa Common Council?

Alderperson seats are on the ballot every two years. We have 16 alders – two alders from each of Wauwatosa’s eight districts. If you’re interested in running for local office, you have to live in the city and district in which you’re running. Closer to an election, you will submit paperwork and nomination papers with a minimum of 20 and maximum of 40 signatures required for alderperson positions.

Do city employees go through diversity training?

Yes. The City of Wauwatosa is requiring all employees to complete diversity and inclusion training. There is also additional training happening related to unconscious bias, the history of racial disparities, and hiring and retention practices.

How can Wauwatosa be more receptive towards leaders and community members?

The City of Wauwatosa wants to create a receptive environment for all people. City meetings are obligated to follow certain state laws regarding public participation, and this doesn’t always feel receptive. We will outline procedures that guide meetings, but we also welcome informal conversation in other settings. Reach out to a staff member or your elected officials.

How do we educate people on when to call the police?

The phrase “if you see something, say something” is well-known among neighborhood watch groups. In part, we believe this phase is still relevant. However, how can we as neighbors recognize when we are making assumptions based on the color of someone’s skin? How can we work with our neighborhoods to discuss what suspicious behavior is and is not? Wauwatosa has active neighborhood watch groups that discuss these topics.

This press release was produced by the City of Wauwatosa. The views expressed here are the author’s own.