Milwaukee police bodycam release; union files lawsuit against city

MILWAUKEE - While activists celebrate a new Milwaukee Police Department policy that speeds up the release of body camera video from critical incidents, one group is already trying to stop it.

The Milwaukee Police Association has filed a lawsuit against the city, seeking an order from a judge to stop the new policy – calling it reckless.

"We have a right as taxpayers, as community members, to see that footage the way you all did," said Maria Hamilton. Her son, Dontre, was shot killed by an officer in 2014.

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The Milwaukee Fire and Police Commission approved a new standard operating procedure for MPD. The new policy requires MPD to release footage of critical incidents, such as an officer involved-death, within 15 days – and to victims' families within 48 hours. It starts May 1.

"The utility and function of this policy is to help address a trust transparency and accountability gap," said Fire and Police Commissioner Bree Spencer.

"I don’t believe the city, the FPC, has the right to issue a standard operating procedure," MPA President Andrew Wagner said.

Wagner said that is part of the reason why MPA has filed a lawsuit against the city, adding he worries the tighter timeline will compromise police investigations – and the Milwaukee Area Investigative Team as a whole, a group he said "may pull out."

"We want the facts to come out, we want our officers to be judged fairly, not in the court of public opinion, but in the court of law," said Wagner.

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"We feel that the most impartial source that we could look toward is video," said Omar Flores, finance chair of Milwaukee Alliance Against Racist and Political Repression.

It's a policy Flores said the Milwaukee Alliance Against Racist and Political Repression have been working toward for two years, seeking transparency.

"We feel like this could help avoid some of those early bits of misinformation that might get spread around," said Flores. "We’re very confident with where we stand with this."

Now, both sides are waiting to see what comes next.

"I think it’s well-intended. I just think it could have some negative consequences," said Wagner. "The investigation should come first, then other things should come after."

FOX6 News reached out to the FPC for comment; Chair Ed Fallone said he won't comment on pending litigation. The Milwaukee city attorney said nothing prohibits the FPC from adopting standard operating procedures like this. An MPD spokesperson said the department will adhere to the policy and remain committed to transparency. 

Official statements

Milwaukee Police Department

The Milwaukee Police Department (MPD) proactively implemented community briefings in the spirit of public transparency.  The Milwaukee Police Department respects the Fire and Police Commission's oversight authority and will adhere to the policy enacted.  MPD remains committed to transparency and building positive relationships with the community that we serve.   

Milwaukee Police Association

Milwaukee Alliance Against Racist and Political Repression

Following a historic victory in favor of accountability and transparency at last night’s Fire and Police Commission (FPC) meeting, the Milwaukee Police Association (MPA) has filed for a temporary injunction with the Milwaukee County Circuit Court. This is to prevent the implementation of Standard Operating Procedure 575 (SOP). The SOP being challenged would require MPD to publicly release video footage pertaining to critical incidents within 15 days. It would also grant the victim’s next of kin access to the footage within 48 hours of the incident. The Milwaukee Alliance Against Racist and Political Repression firmly rejects the MPA’s attempt to file for temporary injunction.

The MPA describes the FPC’s adoption of the SOP as "reckless," "illegal," and "dangerous." They also claim that the FPC "failed to hear the concerns of the Law Enforcement professionals." Claiming that the FPC failed to hear concerns from law enforcement professionals is a complete fabrication. At every FPC Policies and Standards Committee meeting since September, members of the MPA and/or MPD have been present and have been given significantly more time than the public to voice their concerns with the various drafts of the SOP. Executive Director Leon Todd hosted several private meetings with MPD. Police Chief Norman explicitly stated on numerous occasions that his department would comply with whichever SOP the FPC adopted.

The Milwaukee City Attorney’s opinion on the SOP clearly states "that nothing per se prohibits the Milwaukee Fire and Police Commission from adopting an SOP which dictates when MPD must release video footage of any officer-involved incidents that result in death or great bodily harm." Repeatedly, the MPD was asked by the FPC to provide sound, legal reasoning as to why the SOP shouldn’t be adopted. Instead of providing legal arguments, they provoked irrelevant discussion as a way to delay the creation of SOP 575. The FPC saw past these tactics and adopted a legal SOP that must be upheld and cooperated with. 

Wagner is clearly aware of the power involved in controlling the narrative of critical incidents. It’s a tactic they’ve used to discredit the community whenever they harm one of our loved ones. Their accusation that families are seeking to control the narrative is actually a confession of their own behavior, entirely based on projection.

The FPC has not disregarded the rules or operated in an "illegal" or "dangerous" manner. The FPC has done what it’s supposed to do. As the FPC’s website states, "The Commission sets overall policy while the chief of each department manages daily operations and implements the Commission’s policy direction and goals." Failure to abide by this SOP, which must be implemented starting on May 1, 2023, will be reckless, dangerous, and illegal.