Milwaukee police video release lawsuit, injunction clarity sought
MILWAUKEE - The city of Milwaukee has asked a judge to clarify if an injunction on a police video release policy is lifted after the judge denied both the city and police union’s motions last week.
In a motion filed Thursday, April 4, the city asked the court to clarify there are no remaining issues in the case because of the judge’s decision to deny both the city and union’s motions, and therefore lifting the union’s preliminary injunction on the policy.
Last spring, the city of Milwaukee implemented a standard operating procedure for who gets video – and when – of police situations where people are seriously injured or killed. The Milwaukee Police Association sued a day after the Fire and Police Commission approved that policy.
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Under the approved policy, video was to be shown to families of the people hurt within 48 hours and released to the public within 15 days. Prior to the April policy decision, there was nothing in writing; MPD would typically release edited video of incidents within roughly 45 days.
The MPA filed its lawsuit against the city one day after the FPC approved the policy, and a judge put the policy on hold. The union argued the city was required to bargain with the union over the policy because it could relate to wages, hours and employment. The city's position was that it gave the union an open door to meet about the policy, but the union said those talks were premature and chose not to meet. The city also argued it, the chief of police and the FPC have exclusive rule-making authority.
Milwaukee police video release lawsuit; judgment request denied
A judge denied the Milwaukee police union's motion for declaratory relief in a lawsuit against the city, and also dismissed the city's motion to dismiss.
The lawsuit changed hands with several judges since. It finally went before Milwaukee County Circuit Court Judge Brittany Grayson, who heard arguments in the case in January. The city asked Grayson to dismiss the case, while the union wanted the judge to rule that the city broke state law and violated the collective bargaining agreement.
In her decision and order, Grayson said she was not persuaded by the city's argument to dismiss the lawsuit. She said the MPA had valid claims, and its complaint is legally sufficient for the lawsuit to continue. Grayson said the video release policy could potentially trigger the requirement to collectively bargain under the bargaining agreement, as it relates to wages, hours and conditions of employment.
However, the judge also denied the union’s request for judgment that the city violated Wisconsin law and the bargaining agreement when the city implemented the video release policy. Grayson said that entering a judgment in favor of the union wouldn't end the uncertainty or controversy that led to the lawsuit in the first place.
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Grayson also said the union failed to establish that it is entitled to a ruling that collective bargaining is required over the video release policy. To do so, she said the union must show its interests relating to wages, hours and conditions of employment outweigh the city's interests in department management and public policy.
And at this point, the judge said the union has not met its burden – and didn't show that collective bargaining was required under the agreement before the video release policy was put in place.
The city argued in its filing Thursday that, because the judge’s decision denied both the city and union’s motions, the matter is resolved in the city’s favor, and the injunction should be lifted.
A status conference in the case is scheduled for next month.