What to know about Milwaukee police rules for handling protests, outside officers at RNC

Thousands of police officers are expected to assist Milwaukee police with securing the Republican National Convention next week.

Will they have body cameras? Who is in charge of them? What should the public expect?

The Milwaukee Journal Sentinel has compiled these answers based on the department’s standard operating procedures, documents sent to partner agencies for the RNC including a five-page summary of the rules of engagement, city records and an interview with Milwaukee Police Inspector David Feldmeier.

Here’s what to know.

How many officers will be present during the 2024 RNC?

As many as 4,500 officers from outside law enforcement agencies may be assisting the Milwaukee Police Department, according to city records requesting bids to house and feed officers.

Which agencies are sending officers?

Officers are coming from across the country.

As of late June, 16 agencies from Wisconsin and 42 from outside the state had agreed to assist with the RNC. 

Do the outside officers have to follow Milwaukee police department rules?

Yes. 

The officers are required to follow the department’s standard operating procedures on use of force, crowd control and rules of engagement.

What roles will outside officers have?

“Our intent is to place them in positions where they're not necessarily forward facing,” Feldmeier, the police inspector, told the Journal Sentinel.

“We would like our officers, our MPD officers, to be the ones to have contact with the community,” he said.

He added that assisting agencies from Milwaukee County are the next preferred group to have interaction with the public.

Any assignments given to outside officers will include at least one Milwaukee police officer, according to the mutual aid agreement.

Are outside officers allowed to make arrests?

Yes, but it’s highly discouraged.

Officers from outside agencies are not to conduct stops or arrests except in “emergent circumstances” in which a Milwaukee officer is not available, according to the mutual aid agreement. 

If such a circumstance does arise, the arresting officer is to involve a Milwaukee officer as soon as possible.

What happens if an outside officer is accused of misconduct?

Any disciplinary matters that arise with an outside officer will be referred to the home agency. 

If the matter rises to the level of probable cause for a crime, it will be referred directly to MPD or an external law enforcement agency for investigation “with appropriate notice to Contractor,” according to the agreement.

What gear will outside officers have?

Outside officers are expected to bring their patrol uniform and service equipment, including duty gun and radio, according to the agreement.

Those outside officers are not allowed to bring or use any demo equipment provided at low or no cost by a supplier, the agreement says.

Will officers be in uniform?

Yes.

“Everybody that we have that will be interacting with anyone from the public will be in a uniform, will have a badge,” Feldmeier said. “Some will have either a number or a name.”

Milwaukee policy prohibits officers from covering up their name or identification number.

Any visible changes to officers’ uniforms or equipment position is considered an escalation of force, according to the rules of engagement given to partner agencies.

Will all officers have body cameras?

No.

Every Milwaukee police officer assigned to wear a body camera will be required to do so. The department has made plans to make sure the cameras are charged and footage downloaded during long shifts, Feldmeier said.

Officers from other jurisdictions will follow their home agency’s policies on body cameras. Some do not have body cameras. 

Feldmeier said he expects additional video footage from businesses, demonstrators and others.

“We're in downtown Milwaukee,” he said. “We have cameras everywhere."

Why isn’t Milwaukee requiring body cameras for all officers at the RNC?

Milwaukee officials have said the city does not have the funding to pay for body cameras for all visiting officers and the required training to use them. 

They also have said if they had limited recruitment to only agencies with body cameras, they may not be able to meet the number of officers needed for the event.

What is Milwaukee’s policy for releasing body camera footage?

Milwaukee's Fire and Police Commission suspended the policy requiring the release of body camera or other video footage within 15 days of a critical incident during the RNC.

The policy also has been paused while court proceedings play out after the Milwaukee Police Association, the union representing rank-and-file officers, sued over the policy.

In general, the Police Department has a goal of releasing body camera footage within 45 days of an incident.

What will private security firms be doing?

As many as 1,000 private security personnel may also accompany convention attendees to Milwaukee, according to city records.

They will not be engaging with crowds, said Feldmeier, the police inspector. He referred additional questions about private security to RNC planning committees.

Who is in charge?

There will be several different emergency operations centers during the RNC.

In general, federal authorities will be leading the response for security within the hard perimeter, which encompasses the main RNC venues downtown and requires credentials to enter, while local authorities will be responsible for law enforcement outside that area.

What is the Milwaukee Police Department’s approach for policing mass demonstrations at the RNC?

At news conferences, Police Chief Jeffrey Norman has said officers will show "patience" but will not tolerate violence or property destruction.

"We understand there's going to be challenges, but look at us and how we handle it," he said. "The expectation is we're a last resort."

“This is not going to be where we’re going to look for trouble or instigate, but we are ready to respond,” Norman added. “As long as we do it within the legal measures, the lawful measures, the rules of engagement, that is success.”

The department's rules of engagement outline a use-of-force continuum. Police are to start with presence and communication to try to de-escalate crowd situations, but can use pepper spray and other tools if the situation escalates.

What rules does the department have on using pepper spray during the RNC?

Officers are banned from using pepper spray on peaceful demonstrations.

The policy defines a peaceful demonstration as “a gathering of people expressing a position in a cooperative manner without violation of the law.”

Experts interviewed by the Journal Sentinel said the definition does not grapple with the main challenge of policing a large demonstration: how to effectively handle the few who are disruptive and violent amid a crowd of otherwise peaceful people without further escalating the situation.

READ MORE:How Milwaukee police plan to handle protests at the RNC — and what experts had to say about it

When can police use tear gas or less-lethal munition, such as rubber bullets?

The rules of engagement for the RNC indicate police can consider the use of stinger balls, tear gas and "direct impact munitions" such as rubber bullets if the crowd is throwing projectiles and visibly escalating its behavior.

Feldmeier said any tools that can cause serious injury are only to be used as a last resort.

“It has to reach a threshold where we've lost control and there's imminent risk of bodily harm, death, major property destruction, where it's just unsafe for anybody to be out there,” he said.

Who can authorize the use of tear gas or less-lethal munitions?

Any use of pepper spray, tear gas or less-lethal munition like rubber bullets must be authorized by Norman, the police chief, or an assistant chief. 

The policy does list an exception in cases of emergencies with an imminent threat.

What is the policy on mass arrests?

The department’s standard operating procedure says mass arrests “shall be avoided” while the RNC rules say mass arrests “may be made in the interest of safety and security.”

Does the policy ban kettling?

The RNC guidelines do not explicitly reference kettling, a controversial practice when police force a large group of people into a confined area, such as a park or a bridge, in order to arrest them.

Feldmeier said kettling is not a trained tactic and is to be avoided.

“It’s not something that we do intentionally,” he said.

Alison Dirr of the Journal Sentinel staff contributed to this report.