Waiting for MPD . . .

On July 18th I asked Chief Koval if I could assume that they would be looking into disciplinary action for Scott McConnell and Dean Baldukas for their comments calling progressives “assbags”, “gloryholing nincompoops” and telling people to go fuck themselves in an on-line petition presented to the Common Council. They said I’d get an answer in 90 days . . . and now policies have disappeared and have been changed. Hmmm . . . and I’m still waiting.

In case you’ve forgotten:

Here’s how it all unfolded:
“COMPLAINT”
Initial Exchange in July

from: Brenda Konkel
to: “Koval, Mike” ,
“Gaber, Randy”
date: Mon, Jul 18, 2016 at 3:36 PM
subject: Discipline action?
May I assume the Madison Police Department is appropriately disciplining these officers for their violations of the Code of Conduct? Or, would a formal complaint have to be filed in order for action to be taken? See attached.

from: Koval, Michael
to: Brenda Konkel
cc: “Gaber, Randall”
date: Mon, Jul 18, 2016 at 5:18 PM
subject: RE: Discipline action?
I have cc’d our Professional Standards Unit with your information. The point person is Lt. Amy Chamberlin (achamberlin@cityofmadison.com). As it is unclear how much of the posting is originating from the individuals (as opposed to what has been added by others), please contact Lt. Chamberlin directly for any allegations of violations.

from: Brenda Konkel
to: “Koval, Michael”
cc: “Gaber, Randall” ,
“Chamberlin, Amy”
date: Mon, Jul 18, 2016 at 5:31 PM
subject: Re: Discipline action?

The comments made by the officers are in item number one on tomorrow night’s council agenda, item number 1.
https://madison.legistar.com/View.ashx?M=F&ID=4564573&GUID=CFABEBDE-E948-4B54-BE09-DECCA0510D51

Baldukas is on page 23
McConnell i son page 6

McConnell’s other comments appear in this petition.
https://www.change.org/p/madison-city-council-hold-madison-police-accountable

If you have any further questions, let me know.

from: Chamberlin, Amy
to: Brenda Konkel ,
“Koval, Michael”
cc: “Gaber, Randall”
date: Tue, Jul 19, 2016 at 9:02 AM
subject: RE: Discipline action?
Ms. Konkel,

Your complaint has been received and we will be following up on your complaint. If you have any further questions, please don’t hesitate to contact me directly.

Lieutenant Amy Chamberlin
Madison Police Department
Professional Standards/Internal Affairs
211 S Carroll St
Madison, WI 53713
D) 608-266-6502
achamberlin@cityofmadison.com

September follow up

from: Brenda Konkel
to: “Chamberlin, Amy”
cc: “Koval, Michael” ,
“Gaber, Randall”
date: Thu, Sep 8, 2016 at 8:03 AM
subject: Re: Discipline action?
It’s been 7 weeks, any news? Are there any reports that have been done or has this investigation come to a conclusion?

I have not been notified of any outcome. I see that the website says:

Upon completion of an investigation you will be notified of the outcome (most likely via phone). One of the following determinations will be made:

Unfounded: The investigation conclusively showed the incident complained of did not occur, or that the individual named in the complaint was not involved.
Exonerated: The incident complained about did occur, but was justified, lawful and proper.
Non-Sustained: The investigation failed to reveal enough evidence to clearly prove or disprove the allegation
Sustained: The investigation disclosed enough evidence to clearly prove the allegation.

The Chief of Police reviews all findings. When a finding of “sustained” is reported, the Chief will decide whether to take immediate corrective action or to forward the report to the commanding officer of the individual named in the complaint.

Appropriate corrective action, which may include counseling, training, verbal reprimand, written reprimand, suspension, demotion, or dismissal, may be taken.

The Chief of Police will make the final determination. An aggrieved party who wants to appeal the Chief’s decision may do so by notifying the Madison Police and Fire Commission Attorney Scott Herrick at snh@herricklaw.net.

from: Chamberlin, Amy
to: Brenda Konkel
cc: “Koval, Michael” ,
“Gaber, Randall” ,
“Chamberlin, Amy”
date: Thu, Sep 8, 2016 at 8:43 AM
subject: RE: Discipline action?

Ms Konkel,

Thank you for your inquiry. The investigation is ongoing and has not been concluded. Our Standard Operating Procedure outlines that a PSIA investigation of this nature will be concluded within 90 days of receipt. I assure you that you will be contacted with our results when we have them.

Sincerely,
Lieutenant Amy Chamberlin

Early November follow up

from: Chamberlin, Amy
to: Brenda Konkel
cc: “Koval, Michael” ,
“Gaber, Randall” ,
“Chamberlin, Amy”
date: Tue, Nov 8, 2016 at 2:57 PM
subject: RE: Discipline action?

I never heard any results of this. 90 days has passed.

from: Chamberlin, Amy
to: Brenda Konkel
cc: “Koval, Michael” ,
“Gaber, Randall” ,
“Chamberlin, Amy”
date: Tue, Nov 8, 2016 at 2:57 PM
subject: RE: Discipline action?

Ms Konkel,

I have completed my investigation and have informed the officers of my findings. They have seven days to respond to the allegations in writing or appear in person at a scheduled meeting early next week. Once that occurs, there will be a final meeting with the chiefs to present the facts of the case in its entirety and decide outcomes. Once we have the final results, we will certainly let you know.

Sincerely,
Lieutenant Amy Chamberlin

Mid November follow up

from: Brenda Konkel
to: “Chamberlin, Amy”
cc: “Koval, Michael” ,
“Gaber, Randall”
date: Thu, Nov 17, 2016 at 2:47 PM
subject: Re: Discipline action?

Any news?

from: Chamberlin, Amy
to: Brenda Konkel
cc: “Koval, Michael” ,
“Gaber, Randall”
date: Thu, Nov 17, 2016 at 3:04 PM
subject: RE: Discipline action?

Ms Konkel,

The disciplinary meeting took place and we are nearly ready to close out the case. There has been a slight delay in serving the officers with the results of the case because they are away at training and/or on vacation until next week. Once served, the investigation will be closed and you will be notified of our results. Thank you for your patience.

Lt Chamberlin

OPEN RECORDS REQUEST
Meanwhile . . . My Open Records request from July 22nd hasn’t been answered either.

from: Brenda Konkel
to: Anthony Bitterman
date: Fri, Jul 22, 2016 at 5:42 PM
subject: Open records requests

I don’t know how I need to word this one, so tell me if I don’t get it right. I’m looking for information about past disciplinary actions for Dean Baldukas and Scott McConnell. I am interested in what they were disciplined for and what the discipline was. I would also like to see unsustained complaints. I am interested in information for their entire employment history with MPD.

Thanks. And let me know if you have any questions.

from: Bitterman, Anthony
to: Brenda Konkel
date: Wed, Jul 27, 2016 at 10:37 AM
subject: RE: Open records requests

Hello Ms. Konkel,

I’ve received your request for information regarding past disciplinary actions for Officers Baldukas and McConnell.

As this request concerns their disciplinary records, before I can release anything the officers will be need to be provided notice of what is to be released. As part of this process, once the records have been prepared and presented to the officers, the officers are given ten days to notify me whether they intend to challenge release of the records.

Therefore, while I have your request, I don’t have an exact timeline as to when the records can be released.

Feel free to contact me if you have any questions.

Lt. Bitterman

from: Brenda Konkel
to: “Bitterman, Anthony”
date: Wed, Jul 27, 2016 at 10:48 AM
subject: Re: Open records requests

Thanks for the update!!
I appreciate you clearly communicating what is going on.
Sincerely

mid-October follow up

from: Radovan, John
to: “brendakonkel@gmail.com”
date: Fri, Oct 14, 2016 at 10:39 AM
subject: Your open records request

Brenda,

I started a few weeks ago as Records Custodian in place of Lt Bitterman. There was a stack of files he left that we miscommunicated on whether I needed to do anything with them. I didn’t realize until yesterday that I did and in going through them saw your request for past disciplinary actions for Dean Baldukas and Scott McConnell. My apologies for the delay and I assume you are still seeking those records. There was work done on this and I don’t think it would take long to complete, but Lt Bitterman won’t be back around for me to talk to him to make sure where things are at until next Tuesday. I don’t see anything where the officers were given a Woznicki notice so that might delay things a few weeks further. Let me know if anything changes with your request but after I talk to him next week I’ll get back to you on a timetable.

Lieutenant John Radovan
Records Custodian
City of Madison Police Department
(608) 266-6068

from: Brenda Konkel
to: “Radovan, John”
date: Fri, Oct 14, 2016 at 10:41 AM
subject: Re: Your open records request

Thanks for letting me know, yes, I would still like this information. Thanks for following up and good luck in the new job! 🙂

Early November follow up

from: Brenda Konkel
to: “Radovan, John”
date: Tue, Nov 8, 2016 at 2:17 PM
subject: Re: Your open records request

Any updates on this?

from: Radovan, John
to: Brenda Konkel
date: Thu, Nov 17, 2016 at 5:18 PM
subject: RE: Your open records request

Brenda,

I’m sorry but I’ve been really busy and things are taking much longer with stuff than they should be. A lot of different requests have come up that I’ve had to deal with and I haven’t been able to focus on this request. It’s been way too long though and I will put this at the top of my priority list. Feel free to give me a call but I will give you an update no later than Monday where things stand. I would hope by then I can have everything put together and a notice out to the officers about what’s being released.

Lieutenant John Radovan
Records Custodian
City of Madison Police Department
(608) 266-6068

from: Radovan, John
to: Brenda Konkel
date: Tue, Nov 22, 2016 at 1:02 PM
subject: RE: Your open records request

Brenda,

I’m going to be done with this next week, then need to give the officers their notice requirement before getting it to you.

John

So, hopefully I get an answer soon . . . nearly 6 months later. I’ve been patient, but I can’t imagine how others who have filed a complaint with the department about an officer feel when they continuously get blown off. 90 days shouldn’t equal nearly 6 months. And it shouldn’t take this much follow up, unless . . .

WAIT, WHAT?! THE POLICIES HAVE CHANGED
While doing this blog this morning I discovered a few interesting things . . .

I sent the original email that kicked off the “complaint” the day before the council meeting (video) on this topic. Maurice Cheeks directly asked Chief Koval about the comments on July 19th and Koval had this to say.

Of course, he got the MPD policy completely wrong. And now, the policy has disappeared.Luckily I save it. The policy no longer exists on the site. And the off-duty police policy (which I didn’t save), is now changed effective November 2nd.

Things that make you go hmmmmm . . . .