After State Law Stripped Authority, Leaders of Milwaukee’s Fire & Police Commission Resign

Edward Fallone and Amanda Avalos. Photos provided.

Calling Act 12 an “assault on self-government,” the leaders of the oversight body for the Milwaukee police and fire departments are resigning.

The law was designed to provide increased revenue to local governments across the state, but the Republican-controlled Wisconsin State Legislature included several policy provisions aimed at Milwaukee in the law. One of those provisions stripped the Fire & Police Commission (FPC) of its policy-making authority.

FPC chair Edward Fallone and vice chair Amanda Avalos are now resigning in protest.

“We feel that, by continuing to serve on the Milwaukee Fire & Police Commission, our continued service might be construed as an indication that we accept the substantial restrictions on FPC authority contained in the recently
enacted Act 12,” said the chairs in a statement.

The citizen-led commission has long been viewed as one of the “most powerful” in the country, but Act 12 stripped its ability to set policies for the Milwaukee Police Department and Milwaukee Fire Department. The authority was transferred to the chief of each department, with the Common Council being given authority to overrule the chief on a two-thirds vote. The commission retains the authority to hire and fire the chiefs, as well as the hiring and discipline of public safety personnel.

“The provisions of Act 12 that restrict the authority of the FPC are opposed by the Milwaukee Common Council and they are opposed by the vast majority of the residents of our city,” said Fallone and Avalos in a statement. “However, Act 12 was pushed through the state legislature by legislators who do not have to answer to the voters of Milwaukee. Safe in their gerrymandered districts, and representing a minority of the population of our state, these legislators were able to impose their choices on the majority of the voters in Wisconsin without fear of facing any consequences.”

The commissioners said the state law change significantly altered the nature of the part-time role they agreed to. “We agreed to accept a position with the City of Milwaukee that entailed a substantial time commitment and that, at times, subjected us to public criticism and second-guessing. However, we accepted this challenge in large part because the position that was offered to us also included the opportunity to be agents of change in our community,” they said in a statement.

“We wish to emphasize that there has never been any credible allegation that the members of the Commission have abused their policymaking authority. In fact, the FPC has approached its policymaking function in a responsible, deliberate and thoughtful manner,” said Fallone and Avalos. “It is notable that the residents of the City of Milwaukee have strongly supported the policy reforms enacted by the Commission. It is unnecessary and unjust to take away a power that has been used wisely and that has benefited the people we serve.”

Mayor Cavalier Johnson‘s office did not respond to a request for comment by the time of publication. The mayor, alongside MPD and Office of Violence Prevention representatives, was already scheduled to brief the media on crime statistics later Thursday morning. Johnson has repeatedly said he opposed the policy restrictions throughout the negotiations on the bill.

“It is no answer to these criticisms to say that the Governor signed Act 12, and that some elected officials in Milwaukee voiced support for the overall legislation. By tying the reduction of the FPC’s authority to an omnibus government funding bill, the proponents of Act 12 ensured that opposition to the legislation would threaten the financial future of the City of Milwaukee. As a result, significant policy changes were enacted into law without meaningful public input or debate,” said the chairs.

The Milwaukee Police Association, the union for rank-and-file officers, has objected to several FPC policies, including a recent change that would require the expedited release of body camera footage. It is currently suing the commission and city over the policy. “The restrictions on FPC authority contained in Act 12 were originally proposed to Wisconsin lawmakers by a special interest group – a special interest group that regularly places itself in opposition to the FPC through its public statements and through litigation,” said Fallone and Avalos without explicitly naming the union.

“We are proud of the work that we have accomplished as Chair and Vice Chair of the FPC over our tenures. This is not an easy decision for us to make,” said the leaders.

Fallone and Avalos praised Police Chief Jeffrey Norman and Fire Chief Aaron Lipski in their statement and questioned the wisdom of having them report to politicians instead of citizens. “By subjecting the heads of the Police and Fire Departments to second-guessing by politicians, the new Act 12 makes the job of our Chiefs harder, not easier. However, we have faith that Chiefs Norman and Lipski will continue to lead the Milwaukee Police and Fire Departments wisely,” said their statement. The chiefs were praised for the collaborative nature of their leadership and interaction with the FPC.

The resignations are effective Friday. Fallone and Avalos will attend their last regularly scheduled FPC meeting Thursday evening.

Commissioners are appointed by the mayor and confirmed by the council to five-year terms and earn $6,600 per year for participating in regularly-scheduled evening meetings. Both Fallone and Avalos were appointed in 2021 as part of an effort to stabilize the commission by then-mayor Tom Barrett after the botched demotion of then-chief Alfonso Morales. Starting in late 2022, the commission operated with a full complement of nine members for the first time in its history.

Fallone is a Marquette University Law School professor. Avalos is the co-executive director of the nonprofit Leaders Igniting Transformation.

The remaining commissioners will elect a new chair and vice chair at a future meeting.

The Common Council is considering directing the City Attorney to sue the state over the policy provisions of Act 12. MPD leadership has pledged transparency and no immediate changes to its policies.