The Milwaukee Fire and Police Commission will not investigate the Wisconsin Justice Initiative's complaint about derogatory comments a police officer made because the complaint came from a third party and not someone directly affected.
The officer's comments, made during a Federal Court deposition, targeted North Side and central city drivers. A transcript of the officer's deposition is on file in Federal Court and is a public record.
The commission's decision "is ridiculous and surprising," WJI Executive Director Gretchen Schuldt said.
WJI filed the complaint in August, after reading the transcript of a deposition of Milwaukee Police Officer – now Detective – Froilan Santiago. The transcript is part of the public Federal Court record.
Santiago testified he would invite traffic stop subjects into his squad car if the stop was in a Downtown police district, but not if it was in a central city or North Side district.
"District 7, if you stop that person, that person is going to run. He might have drugs or guns, based on where I've worked at. District 7 or District 5," he said.
The populations of Police Districts 5 and 7 include the largest percentages of African Americans among all the districts in the city, according to a U.S. Justice Department draft report on the Police Department.
In District 1 Downtown, "it's more of people as far as the -- more able to communicate and more different lifestyle," he said.
He added: "District 1, you have a high percentage of people who's in college, who's in business, work, and stuff like that, and you deal with them differently as far as – and their behavior at that moment in time."
Fire and Police Commission guidelines generally require a complainant to have a "reasonably direct relationship" to an incident for a complaint to be considered.
"Complainants are considered to have a direct relationship if they were directly affected by the alleged misconduct, witnessed the alleged misconduct, or have special, professional, or organizational knowledge about the alleged misconduct, e.g., a lawyer, a judge, or an FPC employee," according to the guidelines.
The guidelines also state that "The purpose for requiring a reasonably direct relationship is to help the FPC respond effectively to complaints from persons who have the greatest interest in the outcome and who have the most reliable information about an incident. It is not intended to screen out otherwise reliable complaints that deserve investigation."
A commission employee informed WJI last week that its complaint did not meet the guidelines' criteria.
"This gives a huge get-out-of-jail-free card for officer misconduct," Schuldt said. "It kills the idea of the third-party whistleblower complaints when it comes to the Milwaukee Fire and Police Commission. It's a bad day for Milwaukee."
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