Milwaukee police bodycam release procedure; lawsuit against new policy

MILWAUKEE - A new Milwaukee Police Department (MPD) policy that speeds up the release of body camera video from critical incidents went into effect Monday, May 1. However, the Milwaukee Police Association (MPA) has filed a lawsuit against the city seeking an order from a judge to stop the new policy, calling it reckless.

The Milwaukee Fire and Police Commission (FPC) approved a new standard operating procedure for MPD. The new policy requires MPD to release footage of critical incidents within 15 days and to victims' families within 48 hours. 

Supporters celebrated the policy win, adding that it doesn't go far enough. At the same time, a hearing is set for next week on whether to put the policy on ice.

"For now, we will call this a victory, just because it's historical," said Milwaukee Alliance Against Racist and Political Repression Finance Chair Omar Flores.

Supporters of the new police video release policy championed the effort Monday at City Hall. The FPC approved the new standard in a seven-to-one vote in April. The ink was barely dry when the MPA sued, asking for a temporary restraining offer and an injunction.

"I don't believe the city, the FPC has the right to issue a standard operating procedure," said Andrew Wagner, the president of the Milwaukee Police Association. 

The union said the policy violates its collective bargaining agreement, and officers will suffer reputational damage if videos are released during an ongoing investigation.

"Why don't we protect the integrity of the investigation and then release the video as soon as we possibly can after that?" said Wagner.

The city wants the judge to toss the MPA's suit. Its argument is since the FPC is the department's rule maker, the city has no obligation to collectively bargain the video release policy and that bargaining agreement recognizes the FPC's rule and procedure-making.

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"We don't think it's going to hold in court, and ultimately, we think we'll end up with a victory," said Flores.

Supporters say the policy should have gone farther and won't say it was a compromise.

"We don't feel there should be a negotiation with the Milwaukee Police Association or the police department," said Flores. "They're supposed to be held accountable to the FPC, not the other way around."

As of right now, the policy remains in place. The city and the union are set to hold a hearing with a Milwaukee County judge next week.