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NACOL urges clear authorities, access and funding as Madison reviews oversight ordinance
Summary
Speakers from the National Association for Civilian Oversight of Law Enforcement told Madison's Common Council that independence is a continuum, that oversight bodies need clearly written authority and direct access to records (within law), and that stable funding and training are central to legitimacy.
Council members heard a detailed briefing on civilian oversight from the National Association for Civilian Oversight of Law Enforcement (NACOL) during the July 21 meeting.
"My name is Cammie McElhenney. I serve as the executive director of the National Association for Civilian Oversight of Law Enforcement or NACOL for short," NACOL Executive Director Cammie McElhenney said as she introduced the organization's presentation. Dr. Tina Barr, NACOL director of training and education, framed the discussion around core principles including independence, jurisdiction and authority, access to records, funding, public reporting and legitimacy.
Barr told councilors that independence should be treated as a continuum rather than a binary condition and said it is shaped by how an oversight body is created, how commissioners are appointed, budgeting mechanisms and whether the entity has independent counsel. "When we think of independence and civilian oversight, that can be an absence of real or perceived influence from law enforcement, political actors, and other special interests," she said.
Presenters stressed that written authorities, operating procedures and memoranda of understanding are essential. NACOL described direct "front end" and "back end" access to police databases as practical ways oversight practitioners can run queries and analyze data, while noting statutory limits, collective-bargaining terms and privacy rules can lawfully constrain access.
On funding, NACOL recommended predictable budgets tied to an agreed formula (for example, a percentage or staffing ratio), training resources for volunteers and staff, and dedicated support for community engagement. The presenters said public reporting'annual and special reports'and transparent status trackers help build legitimacy and public trust.
The presenters also walked council members through specific powers in Madison's ordinance for the Police Civilian Oversight Board and the Office of the Independent Monitor, including subpoena authority (to the extent allowed by law), the monitor's ability to undertake independent investigations, and the board's role in appointing and evaluating the monitor. NACOL emphasized that drafting clear SOPs and MOU language can reduce disputes over information flow and role boundaries.
The presentation closed with an extended Q&A in which council members raised questions about training on implicit bias, what constitutes "unfettered access," whether oversight employees must follow municipal personnel rules, funding thresholds, body-worn camera access, dispute-resolution language for supervisory breakdowns, and how the city should evaluate the monitor's effectiveness. NACOL advised tailored technical assistance and, when necessary, outside mediation to address entrenched local conflicts. The council requested presentation materials and follow-up resources be posted to Legistar.
