Policy Driven

Hello!

It is not the first time the Madison City Council finds itself in the middle of controversy regarding sexual misconduct. It is not the first time victims have come forward, and investigations have found them credible. It is not the first time we heard victims recount their reaction to the victimization. It is not the first time that testimony provides insight into how victims react to this behavior by freezing, not fighting back, avoiding, and even resuming superficial cordial relationships to avoid making the abuser angry and to avoid retaliation.

Wis. Stat. 17 controls the removal of an alder from office. The statute provides two options for elective officers: "by recall as provided in s. 9.10, or by the Common Council, for cause." The same statute defines cause as "inefficiency, neglect of duty, official misconduct, or malfeasance in office."

Censure can be used against anyone; it carries no punishment; it is simply a way to express disapproval of the censured person's actions.

Some of the current council-elected officials are putting criticism aside and using the power of the office to rally around victims. Here are some of the initiatives some of my colleagues and I have worked on:

1. After the first accusations from 2 ex-partners came through, the Council passed Legistar 83917 by a vote of 18:1, updating the Council Code of Conduct by providing language to define sexual harassment.
   • In Appendix A, we used terminology regularly used by the private and public sectors to define acts that constitute a sexual harassment offense. I proposed this change to attempt to prevent the behavior from occurring again and create awareness for all alders.
   • The changes also included a reporting process.
2. After an investigation resulting in three additional people providing details of their victimization and the allegations of domestic abuse made by a Mayoral candidate, a resolution calling for censuring the alder, Legistar 86221, was introduced by Alder Govindarajan.
   • In part, the resolution reads as follows: "WHEREAS, multiple reports, including the August 9, 2024, independent investigation report and the October 24, 2024, supplemental investigation report, document concerning actions by Alder Charles Myadze that have undermined confidence in his ability to maintain the professional decorum expected of a public official" and concludes with, "BE IT FINALLY RESOLVED that the City of Madison Common Council commends the survivors and individuals who have bravely come forward to share their experiences, recognizes the courage it takes to speak out, and emphasizes the Council's commitment to creating a safe and respectful environment for all."
   • Thus far, 14 alders and the Mayor have shown their unwavering support for the censuring resolution, demonstrating the Council's solidarity and determination in addressing these issues. The resolution will be introduced in the November 26 Council agenda and discussed in the December 10th Council meeting.

In addition, after alders, members of the public, and the press asked questions about removal, I met with the attorney's office to discuss in detail the sections of Wis. Stat. 17 that apply to the removal and suspension of city officers. The statute defines cause and establishes guidelines for removal, but it doesn't provide a step-by-step description of the process.

Wis. Stat. 17 defines cause, dictates who can request a hearing, what is required to initiate a hearing, covers notification procedures, gives the body the authority to set rules to conduct the hearing properly, provides information about cost and witness obligations, the number of votes required, the outcome if the body returns a vote for removal and filling instructions.

Based on this information, we put together a procedure for conducting a hearing. This document should serve as the baseline for initiating conversations to codify a process that will bring clarity to the community and provide clear direction to this and future Councils. The Common Council Executive Committee (CCEC) will discuss the proposed Standard Operating Procedure (SOP) in their November 26 meeting, Legistar 86265.

I can't go back in time to prevent the harm already caused, and often, the existing processes are designed to protect abusers. However, I can use their experiences to propose policies and procedures that create awareness and provide a mechanism for accountability under the limitations of state and federal laws.

YFC