Citizen commission gives Chief Edward Flynn more time to change Milwaukee pursuit policy

Milwaukee Journal Sentinel

Milwaukee Police Chief Edward Flynn will get more time to update the city's pursuit policy following an extension from the Fire and Police Commission.

Commissioners voted unanimously Thursday to give Flynn until Aug. 27 to work on changes to the chase policy.

The tone of Thursday night's meeting was calm and professional but followed a period of high tension between the city's top cop and the commission, as well as the Common Council.

The original deadline for the new policy was Thursday, but Flynn asked for a monthlong extension so he could research how other cities handle vehicle pursuits.

Milwaukee Police Chief Edward Flynn speaks during a Common Council meeting.

"The comparison group for us is other big cities with high-density roadways," Flynn told reporters after the meeting. "We want to stay in that mainstream even as we may consider changes to the current policy."

Flynn added that the extension also gave the city attorney's office time to review the directive to make sure it's consistent with constitutional law and state statute.

In a rare directive, the commission on July 13 ordered Flynn to overhaul the policy so Milwaukee officers could chase those 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 said officers should be allowed to chase fleeing vehicles when police have probable cause to believe the vehicle engaged in "excessively reckless driving."

Flynn said Thursday that he would work on the changes but also urged people to examine other factors that could be contributing to increases in things like car crashes and stolen cars.

"There's a number of large cities that have moved in our direction, and obviously they've not had the recent experience we've had," he said. "People forget, the first four years of this policy accidents and stolen cars continued to decline."

On Thursday, 10 aldermen said they were ready to help push for pursuit changes, including "providing resources to secure outside counsel" for the commission.

"The Commission acted boldly, and in our judgment, correctly when it issued its directive to Chief Flynn," the 10 council members wrote. "In the name of the community the Commission represents, the FPC's actions should be defended."

Earlier this week, the head of the commission said it may hire outside counsel, noting that Flynn hired high-powered Milwaukee attorney Franklyn Gimbel to represent him.

But after Thursday's meeting, Steven DeVougas, the commission's chairman, said he supported the extension and didn't feel the need to pursue hiring an outside attorney at this time.

"I'm comfortable with the extension," DeVougas said. "I think it was necessary, and you know you want to get this thing right, and get it right the first time, and make sure we're not going to create more problems by rushing a policy out."

He added that he thinks the commission and chief now "are in a good place."

"The board never had any animus against the chief or the department, I think we just take our jobs and our charge very seriously in representing the citizens of Milwaukee," DeVougas said. "I think things have kind of simmered down now, and we're in a good place.

The Fire and Police Commission is expected to review Flynn's proposed changes in September.

"Hopefully we can all collaborate to do something that's going to be really positive for the community," DeVougas said. "There's always room for compromise."