Give County Board Supervisor Pan Back His Keys!

Let him have access to his office to do his job. The chief not only violates his own code of conduct, but apparently he doesn’t have to follow the same building rules as everyone else.

So, I had a meeting in the County Board office the other day with a couple supervisors and community members. I happened to be early and was waiting in the hallway to go to the meeting and Supervisor Leland Pan came in for the meeting, but he had to wait for another supervisor to come to let him in to his own office. This made me think, it might make sense to deny access or keys to the building in an emergency situation.  Or if charges have been officially made and a judge decides to deny access.  Why are the keys being held?  Are they evidence?  If so, what illegal activity is being charged?  And why once Supervisor Pan is in the building while the building is open, why can’t he get in to his own office?  How can the police deny an elected official access to their office so they can do their job and serve their constituents?   Which made me look into this issue further . . . and it looks like our dear Chief of Police for the City of Madison, Chief Mike Koval, is again violating policies – cuz apparently he doesn’t have to follow the same rules as everyone else.  And apparently, he’s the judge, jury and executioner.  No due process here!  No checks and balances between the branches of government!

Side track . . .
Ok, before I get into why County Board Supervisor Leland Pan should get his keys back, let me tell you another little story about keys and the police and racism and classism – cuz I just gotta say this. This happened at the Social Justice Center, where I sit on the Board of Directors for the building and in effect I am the landlord. We (Social Justice Center) rent a space to the Sanctuary Storage, Inc. group, which the Tenant Resource Center where I am Executive Director is the fiscal agent for the group. Sanctuary Storage is a group of homeless or formerly homeless individuals that provide storage space for homeless persons. The group is all volunteer. The organization has a relatively flat structure according to its by-laws and the membership makes most of the decisions and has most of the authority. At one point a few months ago, there was some sort of dispute over who was supposed to have keys to the storage space. The police were called. Their solution? Take the keys! Under what authority? I have no freakin’ clue. Could you imagine them intervening in a tenant landlord dispute and just taking the keys. That would never fly, why did they think they could do this in this situation? Worse yet, the two people arguing over the keys were both black. And they both had permission to have keys. When the police took the keys, they gave them to a white person. A person who had no right to the keys. Why did they decide to give the keys back to the white person who was a volunteer for another organization that the two black men allow to use the space for free? I never figured out what authority they had to take the keys, or why they didn’t give the keys to the landlord, the Social Justice Center.

Back on track . . .
So, when I heard the police took the keys to resolve the situation with another person of color, I asked the same question, what authority did they have to take the keys? I tried to hunt down where they might have that authority.

City-County Building Rules?
1.2 says:

These policies and operating rules contain the specific responsibilities of City and County Employees, Department Heads, Supervisors, Dane County Facilities Management, Public Safety Communication (911), Risk Management from both Dane County and Madison, Dane County Sheriff, and Madison Police. Specific responsibilities of volunteers and contractors are defined by agreements/contracts. Failure to abide by these requirements may result in disciplinary action, up to and including discharge.

2.3 says:

Dane County Department of Administration issues permits for CCB garage parking.

4.4.5. says:

The Dane County Risk Manager (and its designee) is authorized to request anyone who engages in repeat or severe violations of the building rules to leave the CCB and not return (except for official business) for a period of time. If the Dane County Risk Manager (or its designee) requests an individual to not return to the CCB for a period of time, then the Risk Manager (or its designee) should provide that individual with a written notice indicating the reasons for the decision, the process for appealing the decision, and referrals to providers of homeless outreach services, The Dane County Risk Manager will email a copy of the letter to the Director of the Dane County Department of Administration and all members of the City/County Liaison Committee along with a description of the individual involved.

4.5. says:

Dane County Sheriff and Madison Police Department:
4.5.1. The Madison Police Department is the primary responder in situations requiring the services of a sworn law enforcement officer and to enforce applicable State and Federal laws, as well as applicable City Ordinances.
4.5.2. DCSO and MPD will report security incidents to the City-County Liaison Committee, and will advise the City-County Liaison Committee regarding deterring/preventing future security incidents

6.6. says:

Loitering is prohibited inside the CCB. Loitering includes being inside the building after hours without any apparent official City/County business.

Exhibit 2 says the following:

BEHAVIOR: Disorderly conduct – Engaging in disorderly conduct that causes, provokes, or tends to cause or provoke a disturbance
CORRECTIVE ACTION AFTER FIRST OFFENSE: Unless safety is an issue, the reaction to the first time an individual’s behavior needs to be corrected will be to educate that individual on the existence of the CCB Behavior Policy and how it is enforced. Whenever safety is an issue, 911 will be called and corrective action will be based upon the “second offense” criteria.
CORRECTIVE ACTION AFTER SECOND OFFENSE: Asked to leave for the rest of the day

BEHAVIOR: Being in the CCB after hours without any apparent official business
CORRECTIVE ACTION AFTER FIRST OFFENSE: Unless safety is an issue, the reaction to the first time an individual’s behavior needs to be corrected will be to educate that individual on the existence of the CCB Behavior Policy and how it is enforced. Whenever safety is an issue, 911 will be called and corrective action will be based upon the “second offense” criteria.
CORRECTIVE ACTION AFTER SECOND OFFENSE: Asked to leave for the rest of the day

So . . .
1. The chief tried to take County Board Supervosor Leland Pan’s parking sticker, but the DOA for the county is the one with the authority to give (and presumably take) those permits.
2. The chief took keys to deny access to the building, but only the Risk Manager is the one that decides if someone cannot use the building as a result of breaking the rules.
3. The chief is worried about security, and if he’s worried about security for the building that is supposed to be reported to the City-County Liaison Committee to deter/prevent future security incidents.
4. The appropriate punishment for being in the building after hours without any apparent official City/County business is a loitering or trespassing tickets under the Madison General Ordinances, and County Board Supervisor was not ticketed.
5. The corrective action for the offenses that seem most likely (disorderly conduct or being the building after hours) were not followed.

Do these rules not apply to the chief? Is the somehow exempt? It says these rules apply to the police department, why doesn’t he have to follow them? No where in these policies do the City of Madison Police have authority to restrict access to the building for County elected officials. There were no tickets issued, there are no charges and no arrest. So, what authority do the police have to take the keys?

Supervisor Pan may have done something wrong. There are rules and laws in place to address what happens, the police chief can’t just make up the rules. He should give the keys back and let the people who elected Supervisor Pan to have full representation and a Supervisor that has the access to the office that he needs to do his job. The police chief should have to follow the same rules as everyone else.