Barrett urged not to overrule chase order

Oversight board calls directive ‘overdue’

A majority of the Common Council is urging Mayor Tom Barrett not to overrule an order to change the Police Department’s chase policy.

The city’s Fire and Police Commission, a civilian oversight board independent of the council, has told Police Chief Edward Flynn to change the restrictive policy that critics argue has played a role in reckless driving in the city and the local drug trade.

“This is, in our view, an overdue directive, issued under clear statutory authority, and to override it would be bad as both policy and perception,” said the letter. The letter was signed by all but three council members: Council President Ashanti Hamilton, Ald. Milele Coggs and Ald. Terry Witkowski.

Under state law, the chief must implement the directive unless it is overruled in writing by the mayor. A spokeswoman for Barrett did not comment Wednesday, but about two weeks ago, when the directive was released, she said the mayor would review the issue with the Police Department and commission.

The commission had instructed Flynn to alter the policy so officers can chase vehicles on a to-be-created “high-value target” list of vehicles used in rolling drug houses, a practice explored by the Milwaukee Journal Sentinel, as well as vehicles that have fled from police at least twice before.

The board also wants the policy to allow officers to chase fleeing vehicles when officers have probable cause the vehicle engaged in “excessively reckless driving.”

Flynn has said those changes would result in “bad public policy” and would be “probably the least restrictive pursuit policy of any big city in the country.” He also has said he was “appalled” by the “threat” of discipline in the directive.

Commission Chairman Steven DeVougas has said when the chief made clear he was not going to change the policy, the board felt it had to act on the concerns of residents and others after months of study and public testimony on the issue.

“There obviously is a problem and it appears that the chief has been in denial that there is,” he said last week.

The commission told Flynn to submit the changes no later than Thursday. Flynn has requested a 30-day extension so the city attorney’s office can weigh in and help in providing “a framework for a collaborative conversation on this topic.”

The pursuit policy is scheduled to be discussed during closed session at the commission’s meeting on Thursday.