Officer-Involved Shooting on July 22
Frequently Asked Questions
Where can I find the latest information?
The best way to receive information from the City of Madison is by signing up for our news releases. We will also be updating this FAQ page.
What’s the status of the investigation?
The Madison Police Department requested the Wisconsin Department of Justice's Division of Criminal Investigation (DCI) to conduct an independent investigation into the shooting in accordance with state law. Chief John Patterson is checking in daily with DCI agents to see if there is any information that can be shared publicly. Chief Patterson's updates may be found online in the news release section of the Madison Police Department website. DCI may also provide updates directly. DCI will then present the facts and information from their investigation to the Dane County District Attorney's Office for review. It is solely up to the Dane County District Attorneys' Office to determine if charges will be filed.
How are officer-involved shooting investigated in Wisconsin?
Wisconsin law requires that, in the event of the death of an individual that results directly from an action or an omission of a law enforcement officer, the ensuing investigation must be conducted by an investigative team from an independent law enforcement agency.
If requested, the Wisconsin Department of Justice (Wisconsin DOJ)/Division of Criminal Investigation (DCI) may serve as that independent agency. In those instances, Wisconsin DOJ/DCI will provide a complete report to the prosecutor for review. If the prosecutor determines there is no basis for prosecution of the law enforcement officer(s) involved, access to the report as required by Wisconsin law will be provided below.
Who can make charging decisions?
What authority can suspend, demote, or terminate a Madison police officer?
Only the Police and Fire Commission (PFC) has the authority to suspend, demote, or terminate police officers under Wisconsin state law. The PFC is an independent statutory body overseeing the hiring, promotion, discipline, and terminations of police and fire personnel in the City of Madison. The purpose of having an independent commission is to separate police and fire staffing matters from local politics.
Can the City put a police officer on unpaid leave while on suspension pending disposition of charges?
No. Wisconsin State Statute 62.13(5)(h) states, "No person shall be deprived of compensation while suspended pending disposition of charges."
What is the role of the Office of the Independent Police Monitor?
Under the supervision of the Police Civilian Oversight Board, the Office of the Independent Police Monitor provides civilians with an independent means of investigating and monitoring the Madison Police Department (MPD) in order to ensure that MPD is accountable and responsive to the needs and concerns of all segments of the Madison community. The Office of the Independent Police Monitor and the Police Civilian Oversight Board are governed by MGO 5.19 and MGO 5.20.
What records can the Madison Police Department release?
In 2013 the legislature enacted Wisconsin Statute 175.47 requiring that officer involved deaths be investigated by two investigators neither of whom can be employed by the law enforcement agency employing the officer(s) involved in the death. In practice, once the statute is triggered, the outside investigating agency takes control of the investigation and takes control of all the evidence in the investigation which may include written police reports, audio, video, forensic evidence, etc. In other words, the evidence becomes the property of the investigating body during the investigation. When there is an officer involved shooting, there is initially a criminal investigation which is reviewed by the District Attorney. There may be a corresponding employment investigation for violation of policy and procedure by the employing law enforcement agency. However, the criminal investigation takes precedence and while a law enforcement agency may conduct an employment investigation simultaneously, it cannot interfere with the investigation conducted under Wis. Stats. 175.47.
The OIM and the general public may obtain MPD records to the extent permitted by law. See MGO 5.19(7)(i) and 5.19(10)(d). Access to open and active criminal investigations and/or open and active misconduct investigations connected to employment is prohibited for all requesters (the OIM as well as the public) under Wis. Stats. 103.13(6)(a) and 19.36 (10)(b). In addition, release at this time would not be in the public interest as it would compromise the integrity of law enforcement efforts to investigate this matter thoroughly and efficiently and undermine the substantial public interest in obtaining a fair and impartial investigation.
The public interest in protecting the integrity of ongoing criminal investigations is reflected in Wisconsin Statutes that insulate other ongoing investigations from disclosure under the Public Records Laws (see secs. 19.35(1) (am)1., 19.36(10)(b), Wis. Stats.). These same considerations are embodied in the well-recognized exception to the Open Meetings Laws that permits public bodies to meet in closed session to discuss strategies for crime prevention and detection.
Who is responsible for supervising the Independent Police Monitor?
The Madison Common Council adopted ordinances in 2020 that created the Office of the Independent Police Monitor and the Police Civilian Oversight Board. MGO 5.19 states that the Monitor is “recruited, hired, and supervised by the Police Civilian Oversight Board." Additionally, the “appointment of the Monitor by the [Police Civilian Oversight] Board shall not be effective unless and until confirmed by the Common Council."
MGO 5.20 describes the Powers and Duties of the Police Civilian Oversight Board, one of which is to “Evaluate Effectiveness of the Monitor's Office: The Board shall provide input to the Mayor and Common Council regarding the effectiveness of the Office of the Independent Monitor."
Who should I contact about criminal justice reform?
Did the City providing porta-potties at Williamson Street and Baldwin Street
No.
How is the City responding to the activities at Williamson Street/Baldwin Street?
Please see the Mayor's update from August 4.
Who do I contact if I’m in need of assistance in the Marquette neighborhood?
District 6 Alder Davy Mayer
District 6 Dane County Yogesh Chawla
Williamson Marquette Business Alliance (WMBA)
williamsonmarquettebusinessall@gmail.com
Marquette Neighborhood Association
president@marquette-neighborhood.org
Saran Ouk, Office of Business Resources
I live near Fire Station 3. What should I do if I need their help?
If you are experiencing a medical emergency or fire, call 911 immediately, as you normally would. The closest available units will be assigned to respond to your call. This may be Fire Station 3 or it may be another nearby fire/EMS crew depending on who is available and who is closest to your location.
What mental health support services are available?
The 988 Lifeline is available for immediate support. You can also text HOME or HOLA to 741741 to reach a live crisis counselor. Public Health Madison Dane County has additional resources, as well. Please reach out if you need help – we all need to take care of ourselves in traumatic times.
Why was the August 4 Common Council meeting virtual?
This decision was made after several elected officials received threats to their personal safety. The City has also received threats suggesting harm to protesters and law enforcement. It's often difficult to assess the credibility of threats made over email, voicemail, or social media. So, in order to conduct the business of the city without fear or the need for a heavy police presence, the decision was made to hold the meeting virtually.
Many City committees are always conducted in a virtual format. Residents regularly testify virtually, and sometimes prefer to, even during hybrid meetings where the Common Council meets in-person. As a reminder, there is no general public comment during Common Council meetings. You must register for a specific item on the agenda in order to provide testimony.
What is the Expenditure Restraint Incentive Program (ERIP)
ERIP is a state program that limits how much the City budget can grow each year. The City budget can increase by roughly the rate of inflation. The state pays the City $9 million each year if we stay below the ERIP limit. We have received a payment under this program for over 30 years. If we spend more than the ERIP limit, we would lose $9 million in funding.
What's the process for amending the adopted City budget?
The Common Council can change the budget through a resolution to amend the budget. This includes increasing an agency's budget. A budget amendment resolution requires 15 votes for approval.
Maintaining a Balanced Budget and Meeting ERIP Limits
The operating budget must be balanced. This means the city cannot spend more money than what is available in revenues. Additionally, the 2026 budget is almost at the ERIP limit. That means we cannot increase expenditures without risking $9 million in state aid. If there is a proposal to increase an agency's spending in 2026, there must be a reduction in another area.
Options to Increase an Agency Budget
The City budget includes a Contingent Reserve. This is about $2 million in each budget that is set aside for emergency needs during the year. One option to increase an agency's budget is to fund the increase through a transfer from the Contingent Reserve. The risk of using Contingent Reserve is that there may be other funding needs that come up later in the year. If all of the Contingent Reserve is spent and more funding is needed, the City may have to reduce services and limit spending in other areas. Or, the City can exceed the ERIP limit and lose state aid.
Amendments and the Fiscal Year
A budget amendment resolution can only change the current budget. If an agency's budget is increased, the additional funding is authorized through the end of the fiscal year (December 31, 2026). All City agencies are required to follow City ordinances and policies for purchasing and contracts. Unspent budget is no longer available at the end of the fiscal year (December 31); the new budget approved by the Common Council begins each January 1.