In a rebuke to Common Council, Police Civilian Oversight Board appoints Rebecca Kemble as Interim Police Monitor

In a special meeting Monday night, the City of Madison Police Civilian Oversight Board (PCOB) appointed former alder Rebecca Kemble as Interim Independent Police Monitor until a permanent monitor is hired, setting up a showdown with both the Common Council and City staff.

The Common Council terminated former Interim Independent Police Monitor Aeiramique Glass and appointed Common Council Chief of Staff Karen Kapusta-Pofahl to supervise the office until a permanent monitor is hired.

Common Council confirmation is not required for an interim appointment, but City human resources approval is. PCOB Chair Devon Snyder and City Attorney Michael Haas both said that City of Madison Human Resource Director Erin Stenson told them she will not approve the appointment.

“If you want to have a standoff with the Council, go ahead and make your appointment,” Haas said. “It will not be approved by the HR director.”

The PCOB’s resolution appointing Kemble directs her to report to City HR Tuesday morning. Kemble said she intends to do that, even though the City may not accept her appointment.

“Either I’m a new employee or I’m a new plaintiff in a court case,” she said after the vote.

The Common Council is set to vote Tuesday on a budget amendment that would reallocate the remainder of Glass’s salary, about $55,000, to a consultant with the National Association of Civilain Oversight of Law Enforcement for “technical assistant and training.” If that amendment passes, it’s not clear how Kemble would be compensated.

Alder Julia Matthews, who voted against the resolution to terminate Glass, said that before that vote, she asked Haas whether the PCOB could still appoint an interim monitor.

“I did ask if the wording of our resolution would preclude the PCOB from making a provisional appointment, and at that time we were all told that the HR director has to approve it, but that that’s still a process that could happen,” she said.

Madison ordinance says the PCOB is the body that would selects, appoints and supervises the Independent Monitor, but does not say anything about an interim or provisional appointment.

“I think everybody has to recognize this is a pretty unique situation,” Haas said.

Kemble was one of the principal authors of the ordinances that created the PCOB or OIM and “has an understanding of Madison’s municipal structure, how City government operates, and the relevant Administrative Procedure Memoranda (APMs) that guide City operations,” according to an email from Sydner provided to Madison365.

In the discussion of Kemble’s appointment, several PCOB members expressed frustration over the termination of Glass and its aftermath. PCOB member Carlotta Verge Calmese referenced a memo titled “Employment review” prepared by Haas for the Common Council days before the resolution to terminate Glass was introduced. That review was not provided to the PCOB.

“The ordinance is very clear that the independent monitor is supervised, not only recruited, but is supervised by the PCOB,” Calmese said. “And I think it was an abomination for the Attorney Haas and other directors to publicly submit letters that they call a ‘review,’ but in my estimation was a performance review or a sabotage … we are the authority in the supervision of the the next independent monitor. Those are things that should be shared with the PCOB, the executive board, if you have concerns regarding our staff. What happened to Meeka is an abomination. It was unfair. It was uncalled for. It was very very very unkind. If anybody is unclear of the role of the PCOB in relationship to the recruiting, the hiring, the supervision of the next independent monitor, be it a provisional appointment or be it a permanent appointment, those are concerns that you need to bring to the PCOB board. Don’t bring them to the newspapers. Don’t bring them to reporters.”

“I absolutely question Madison’s stated commitment to any kind of police accountability and the actions are very consistently undermining us constantly… it needs to stop,” PCOB member Stephanie Rearick said.

PCOB member Maia Pearson and Matthews both asked whether it would be possible for Kapusta-Pofahl remain in the Council-appointed role alongside Kemble as the Interim Police Monitor, but the question was never answered.

“Independence of civilian oversight can’t just be something that’s just written in the ordinance. It must be protected at all times, and that’s what we did through the board’s authority tonight,” Snyder said.

“We have a very strong PCOB for the first time ever,” Kemble said. “I’m so grateful to them for sticking it out, for being so committed to the community and to the families of the victims of police brutality, and for putting up with so much undermining for years, and tonight they really showed that commitment in the face of a lot of intimidation.”

Kemble said if she’s allowed to assume the role, she will focus on “shoring up the internal office policies, procedures, ensuring that investigations and reviews recommence, supporting the board in whatever way I can, and facilitating the hiring process of a new a permanent independent monitor.”

She said she has no intention of taking on the role permanently.

“This role that I’ve agreed to take on right now was not in my life plans,” she said. “I saw that my activity in city government was in my past. I agreed to this temporary role because of number one, the family of Corey Ruiz and the family of Tony Robinson and the families of all of the other complainants. They need justice … I am really willing to be that bridge to seal the independence of the Office of the Independent Monitor and the Police Civilian Oversight Board. I am really just here to bridge the way towards the permanent monitor.”

The Common Council is set to vote on a budget amendment to hire an investigator for the office Tuesday night. The next community engagement session on the hiring of the permanent police monitor is set for Thursday at Mount Zion Baptist Church from 6 to 8 pm.

Madison365 is a news outlet covering communities of color in Wisconsin.