Davy Mayer for District 6 Alder

10 hours ago

www.cityofmadison.com/council/district6/blog/2026-10-21/good-morning-i-am-furious

Good morning, I am furious

Just got home after a 12-hour Common Council meeting. Nine hours of public comment, three hours of questions to staff and ZERO debate. Then the council voted 14-6 to illegally remove Aeiramique Glass as Interim Independent Monitor.

Whatever you may think of the IIM’s performance in recent months — and there is certainly valid criticism — there were massive legal issues with the resolution as written that passed to terminate her. Because the question was called and my objection failed with an 18-2 vote, I never got to give my prepared speech. Here it is for you now.

Many if not most of the issues we deal with are complex with degrees of nuance. This one is not. It is so, so simple. There are so many problems with resolution 95140 that make it impossible to support if one also wishes to follow the letter and intent of our ordinances.

There is one cause for termination listed, multiple times, in this resolution.

"WHEREAS, the Common Council extended the provisional appointment with no change to the terms of her current appointment, including the primary responsibility to serve as the hiring manager for the posting, recruitment and hiring of a permanent Independent Police Monitor along with performing all of the duties of the position until such time as the position is filled on a competitive basis; and,"

"WHEREAS, the Common Council has reviewed the memorandum dated August 31, 2026, from several City agency heads and the memorandum from the Deputy City Attorney dated October 2, 2026, which identify concerns with the actions of the Interim Independent Monitor in completing her responsibilities, including but not limited to serving as hiring manager for the permanent Independent Monitor;"

Whereas clauses are findings we’re meant to act on. I’ve read many of the blog posts put out by my colleagues that list a litany of complaints, and the memorandums cited are attached to this resolution, but none of those complaints are listed IN this resolution. Tonight, and this morning, alders have engaged in many lines of staff questioning that are not germane to what is before us. APMs, contracting, consultants, media leaks, direct appointments. None of that is addressed in this resolution. They are irrelevant to this discussion. We have wasted so much time on things that are not in the resolution.

On the sole complaint we are examining, failure to hire a permanent independent police monitor: The end of the IIM’s appointment is March 31, 2027. How do you fault someone for failing to complete their work when they still have five months during which to complete it?

Is the process not moving as quickly as some would like? Yes, I’d agree to that. The clock is ticking to March 31. But does the Council have the right to influence the process or set an internal schedule or take action because it feels it’s not being done correctly?

The resolution further states:

"WHEREAS, the Common Council has determined that the actions of Interim Monitor Glass in failing to complete essential duties of the position constitute a breach of contract with the City and that it is necessary to terminate the extension of her provisional appointment in order to reestablish the City’s progress towards effective civilian oversight of the Madison Police Department;"

However, MGO 5.19 section 6b states:

"No City employee or official shall attempt to use their political or administrative position to unduly influence or undermine the independence of the Monitor or any employee of the OIM in the performance of their duties and responsibilities as set forth in this Ordinance."

This means directing work. No alder can tell the IIM to investigate Case A, or to not investigate Case B. I think we all agree that the ordinance rightly forbids such influence. Likewise, the council cannot specify how work gets completed, other than what has been put into ordinance or resolution, such as specifying the primary responsibility to hire the permanent independent monitor by completion of the term. That’s March 31, 2027.

Does the Council have the power to fire the IIM for other reasons, beyond the one included in this resolution?

Some alders have argued that since we voted to extend the IIM’s position, we have the power to rescind it as well. But that’s not exactly what happened. The vote back this spring was a budget amendment to fund the extension from the PCOB with potential double-filling once the permanent IM is hired.

That is the one piece of oversight the Council IS allowed, budgetary. But the resolution before us is not a budgetary amendment.

The Council often confirms extensions of other provisional appointments and in those cases, the Mayor or division director has the power to terminate, not the Council.

MGO 5.19 part 2 states in part:

"The Monitor shall be a managerial employee as defined in M.G.O. § 3.54(9), except that the Monitor shall be recruited, hired, and supervised by the Police Civilian Oversight Board"

MGO 5.19 part 5 states:

"Supervision of the Monitor. The Monitor shall report directly to the Board and the Board’s Executive Subcommittee. While it is intended that the Monitor have significant independence and discretion in conducting the day-to-day activities of the OIM, the Monitor shall act as directed by the Board and the Board’s Executive Committee."

Furthermore, in resolution 93167, which the Council approved unanimously to extend the IIM’s appointment, it states:

"WHEREAS, the PCOB retains oversight over the Interim Independent Monitor which includes the ability to end the appointment at any time;"

In the plainest language, confirmed in that WHEREAS clause, again, approved unanimously by this council, is that the PCOB is the body with oversight and the ability to terminate.

Nowhere. Nowhere in the Madison General Ordinances does it give the Council power to terminate the IIM.

The ordinances outlining the PCOB and OIM were created before my time. I think that they are imperfect. They are certainly unique. The Council ceded a LOT of control to the PCOB, perhaps more than many current Council members would care to admit. To the credit of the original drafters, some of whom are with us tonight, it was a massive undertaking when written, cut from whole cloth, but could certainly use refinement and strengthening to ensure proper checks and balances as well as greater efficacy for the office and board.

However, those ordinances are current law and we must follow the law. This resolution does not follow the law. And thus I cannot possibly support it. Very simply, and it is really that simple, no one who respects the rule of law can support this resolution. I’m going to do my colleagues a solid and give us a chance to avoid an inevitable lawsuit – and therefore I make a motion to place this resolution on file with prejudice.

Unfortunately, I didn’t get to offer my colleagues an out and now we can probably look forward to a lawsuit.

Special thanks to former alder Marsha Rummel and neighbor Linda Lehnertz who helped influence and crystalize my position and recognize the legal danger.

I’d love to hear what you think and I look forward to your emails when I wake up this afternoon.
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Davy Mayer for District 6 Alder

1 month ago

It’s the day after the Common Council meeting and I’m still ruminating on the outcome. My resolution to get a modest $100,000 in assistance to Willy Street businesses was defeated 13-7 (15 votes are needed to pass a budget amendment). I’d already taken the Finance Committee’s recommendation to avoid dipping into the Contingency Reserve, cutting my original proposal from $300,000 down to just $100,000 in funds that were already budgeted but unspent. Even so, seven alders voted no.

The argument that stuck with me most was the comparison to how the city handles businesses inconvenienced by planned road construction. The reasoning was that if we don’t offer assistance there, why offer it here?

But those two situations are not comparable. Businesses facing disruption from road construction get months of advance notice to prepare, restaff and adjust inventory. Our Willy Street businesses got zero notice before a City of Madison Police Officer killed a man in broad daylight, steps from their doors.

We can debate precedent all day, but when there’s a clear path to doing real public good, I think we should take it. I also disagree with the notion that helping a community experiencing sustained harm, harm it might not fully recover from, is somehow unprecedented. The whole purpose of city government is to invest in our neighbors and community, particularly when they’re hurting and in need. Madison’s 2026 operating budget is roughly $452.7 million. It’s disappointing that investing just 0.02% of that in readily available funds was seen as too much to ask.

I’m grateful to all of my colleagues who voted yes tonight, especially Alder Barbara Harrington-McKinney, who spoke and made a case even stronger than mine for why this program mattered.

Thank you to all of the alders who voted in support of Willy Street businesses and workers: Evers, Glenn, Guequierre, Harrington-McKinney, Lankella, Lieberman, Martinez-Rutherford, Matthews, (Mayer), Nzegwu, Verveer, Vidaver, Zhang.

Below is the speech I gave last night in support of my resolution:

This resolution seeks to establish a program to help businesses impacted by the extended protest in the wake of the police killing of Corey Ruiz.

The 29 businesses that would benefit are vital parts of the neighborhood. They are places people buy food, share meals with friends and family, gather to commune with neighbors, listen to live music, shop for clothes and sundry items and more. They are places that have given back to our community in countless ways, holding fundraisers, supporting our festivals and sponsoring amateur sports teams.

During that time in July and August, some businesses were completely closed, others open but with drastically diminished foot traffic.

And it’s about more than just the businesses and business owners. We estimate the 29 businesses that would be eligible for this program employee 300-400 workers. These are retail workers, servers, stockers and cashiers. They are also rent-payers, property taxpayers and again, neighbors.

During that time, some were laid-off, others had hours cut. A few were fortunate to be paid by these businesses when they couldn’t work.

Recovery in the neighborhood after the tragic police violence of July 22nd has taken and will continue to take many forms. This program addresses one of those recovery efforts, by ensuring that these vital and cherished employers remain in our neighborhood.

Partnering with the Division of Planning, Community and Economic Development, we initially requested $300,000 — $100,000 from budgeted but unspent funds in the Economic Development Division and other agencies and $200,000 from the Contingent Reserve. Finance chose to approve an alternate that would strike the portion from the Contingent Reserve. While I fully understand their risk-aversion to drawing down the reserve and carefully consider any request to do so, I do feel that this situation is just the sort of contingency the reserve ought to be used for.

However, counting the votes and needing to get to 15, I decided that the best way forward would be to fully pursue the remaining $100k in line with the Finance Committee’s recomendation. That amount can still do a lot of good. A lot of good.

To address the concern of setting a precedent of aiding businesses, we already support businesses financially in many, many ways. We have building facade improvement grants. Graffiti removal programs. We support the BID, a public-private partnership that supports businesses on State Street and around the Capitol. Our hotel room tax goes to promote tourism.

Perhaps most significantly, we have a robust Tax Incremental Financing program that helps all manner of construction projects get done. We invest millions in these projects because we know that successful housing starts and growing businesses generate economic activity that will allow the city to recoup that investment many times over.

Now here’s a chance to help keep businesses open struggling due to no failing of their own. It’s a chance to keep workers employed and to keep Willy Street the vibrant place that it is.

Lastly, you heard from the co-president of the Williamson Marquette Business Alliance that they have raised $50,000. Other fundraisers aimed at worker relief have been successful. Destination Madison is stepping in to help promote these businesses as well. And just last Sunday, I attended a benefit for the workers of Crystal Corner, graciously held by Mickey’s Tavern, because this is a tight-knit neighborhood that supports each other in tragedy and supports each other in recovery and healing.

All these things, along with $100,000 already budgeted but unspent, will go a long way. I urge you to join me in voting yes.

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Davy Mayer for District 6 Alder

3 months ago

Lotus Company proposes to redevelop the Essen Haus / Come Back In site to build 202 units of affordable housing. The form factor will largely follow what was previously approved for this site, but replaces a hotel with apartments.

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