Case 2:12-cv-01282-JLR Document 412-2 Filed 08/18/17 Page 1 of 3

EXHIBIT 2
List Offered at Footnote 78 of City’s June 21, 2017 Brief

SMC section

General descriptions of new accountability structure, including
establishment of CPC and OIG

 3.29.010 through 3.29.030 (none to be bargained, all changed from Draft Legislation)

OPA
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•
•
•
•
•
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•


 3.29.100(A)-(E), (H)-(J)
 3.29.105(A), (C)
 3.29.110(A)-(G) (preamble to subsections (A)-(G) has change noted in June 21 Br. at
9)
 3.29.115(A), (C), (E), (F)(1), (F)(3)-(4), (G)
 3.29.120(A)-(C), (E), (G)-(L)
 3.29.125(A), (B) (bargaining only as to mandatory in-person interviews of SPMA
members), (C), (D), (F)-(I)
 3.29.130(C) (bargaining only as to notification obligation for unit or board members),
(D), (H)
 3.29.135(B), (D), (E)
 3.29.140(A) (not bargainable as to civilian OPA Director and Deputy, bargainable as
to civilianization of investigative supervisors), (F), (G)
 3.29.145(A), (C)-(G)
3.29.150

•
•

Functions and authority
OPA independence
Qualifications of OPA Director
Appointment and removal of OPA Director
OPA Director responsibilities
OPA complaint classifications and investigations
OPA classification and investigation timelines
Explanations of OPA complaint dispositions
OPA staffing
OPA reporting
OPA – confidentiality of files and records

Office of Inspector General
• Functions and authority
• OIG independence
• Qualifications of IG
• Appointment and removal of IG
• OIG authority and responsibility

• OIG review of OPA complaint classifications
• OIG review of OPA investigations
• OIG audits, reviews, and reporting


 3.29.200(A)-(B), (D)-(K) ((J)(5) minor change as noted in Jun. 21 Br. at 11)
 3.29.210(A) (changed only as to budget independence, Jun. 21 Br. at 11)
 3.29.220(A)-(G) (preamble to subsections has change noted in Jun. 21 Br. at 11)
 3.29.230(A), (C)-(D), (E)(1), (E)(3)-(4), (F)
 3.29.240(A), (B) (changed only to prohibit former sworn SPD officers as OIG staff),
(E), (F), (I)-(J), (L)
 3.29.250(A)
 3.29.260 (all subsections changed from Draft Legislation and/or to be bargained)
 3.29.270(A)-(B), (D)(1), (D)(3)-(1), (E)-(F)
Page 1 of 3

Note: Sections consisting entirely of provisions that are changed from Draft
Legislation or will be bargained are included (and italicized) for the sake of
listing every section of the Ordinance

 Case 2:12-cv-01282-JLR Document 412-2 Filed 08/18/17 Page 2 of 3

EXHIBIT 2
List Offered at Footnote 78 of City’s June 21, 2017 Brief
• OIG files and records procedures

SMC section
 3.29.280(B)-(C)

Community Police Commission
• Functions and authority
• CPC established
• CPC Executive Director
• CPC independence
• CPC Commissioner qualifications
• CPC appointment, removal, qualifications
• CPC authority and responsibility
• CPC reporting

 3.29.300(A)-(E) (minor change to (C) noted in Jun. 21 Br. at 13)
 3.29.310
 3.29.320(A)-(D) (minor changes noted in Jun. 21 Br. at 13-14)
 3.29.330(A)-(D) (changed only as to budget independence, Jun. 21 Br. at 14)
 3.29.340(B)-(C), (E)(2)-(7)
 3.29.350(B)-(G), also uncodified Section 39, except sub. (A) (Dkt. # 396-1 at 75-76)
 3.29.360(A), (C)-(L)
 3.29.370(A)(2)-(4), (B)

Mechanisms to Support Accountability
• Reporting misconduct and police accountability issues
• Continuous improvement
• Discipline and grievance appeals and processes
• Recruitment, hiring, assignments, promotions, training
• Public disclosure, data tracking, record retention
• Criminal Cases
• Collective bargaining and labor agreements
• Public statements re incidents of public concern
• Protection of civilian oversight entities


 3.29.400(A), (C)-(E), (G)-(H)
 3.29.410(C), (D), (F)-(H)
 3.29.420(A)(1), (3), (9)-(10)
 3.29.430(C), (F)
 3.29.440(A), (C), (D)
 3.29.450
 3.29.460(A)-(C)
 3.29.470
 3.29.480(A)

Provisions related to OIG as Police Intelligence Auditor

 All provisions (4.12.310-.320) changed from Draft Legislation, none to be bargained

Provisions related to Public Safety Civil Service Commission
• Composition of PSCSC, removal of members
• Powers and duties of PSCSC
• Tenure of employment for firefighters

• Tenure of employment for police officers

 4.08.040(C)
 4.08.070 (all provisions of Ordinance amending pre-existing code must be bargained)
 4.08.100 (pertains only to firefighters, but cannot be implemented without first
bargaining new provisions pertaining to SPD officers)
 4.08.105 (all provisions must be bargained)
Page 2 of 3

Note: Sections consisting entirely of provisions that are changed from Draft
Legislation or will be bargained are included (and italicized) for the sake of
listing every section of the Ordinance

 Case 2:12-cv-01282-JLR Document 412-2 Filed 08/18/17 Page 3 of 3

EXHIBIT 2
List Offered at Footnote 78 of City’s June 21, 2017 Brief

SMC section

Construction and implementation
• Construction
• Implementation

 3.29.500(A)-(F)
 3.29.510(A)-(C)

Page 3 of 3
Note: Sections consisting entirely of provisions that are changed from Draft
Legislation or will be bargained are included (and italicized) for the sake of
listing every section of the Ordinance