Transportation Commission backs higher penalty for disorderly conduct directed at transit operators amid rise in assaults

The Madison Transportation Commission voted 9–1 on April 23 to recommend that the Common Council adopt an amendment to Madison General Ordinances that raises the municipal bond amount for disorderly conduct directed at city transit operators from $300 to $500.

Supporters said the change is intended to provide a faster municipal-court enforcement path and a stronger deterrent after a recent increase in assaults on Metro operators. “The number of assaults…this year has already surpassed in terms of physical assaults that we've had previously last year in total,” said Brian Mulroney, Metro Transit’s chief of operations, describing operators’ concerns.

City Attorney Mike Haas, who drafted the ordinance language, said the ordinance does not replace criminal prosecution for serious assaults but elevates the municipal-court penalty for disorderly conduct that is specifically directed at a city transit operator. “This ordinance would increase that bond amount to $500,” Haas said, adding that the bond amount is the citation figure; total penalties are higher once court costs are added.

Commissioners and alders pressed staff on equity and enforcement. Transportation Commission member Kaylee Jamieson said she was concerned about the effect of higher fines on low-income people, noting that existing forfeitures are already substantial and that municipal courts have discretion in sentencing. Denise Jess asked how municipal court processes could offer alternatives such as diversion or community service; Mike Haas and staff described existing prosecutorial and court discretion, diversion-like options and the city’s ability to use non-enforcement responses in some mental-health cases.

Commissioners also asked how decisions are routed when an operator requests help. Metro and Madison Police Department staff said 911 dispatchers typically triage calls to the appropriate responder and that Metro has been expanding de-escalation training and incident-review processes.

Alder Dina Nina Martinez Rutherford moved approval; the motion was seconded and carried in a roll-call vote: William Ochocowicz (yes), Sean O’Brien (yes), Dina Nina Martinez Rutherford (yes), Robbie Weber (yes), Denise Jess (yes), Chris McHale (yes), Bill Bremer (yes), Carl Cleems (yes), Haley Jamieson (no), Lynn Olsen (yes). The chair did not vote. The commission directed staff to continue interagency incident reviews and to report back with findings and recommendations.

The commission’s recommendation will go to the Common Council, which must adopt the ordinance change for it to take effect. Staff said the proposal was modeled on a 2022 ordinance that raised penalties for disorderly conduct aimed at election workers; Metro and the Teamsters both supported bringing the change forward.