Ashley Luthern, and Mary Spicuzza

Milwaukee Journal Sentinel

Thirteen members of the Common Council are calling for an overhaul of the Milwaukee Police Department's pursuit policy.

The group wrote a letter Thursday to the city's Fire and Police Commission calling on board members to order Chief Edward Flynn to "re-prioritize traffic enforcement activity and to redraw his pursuit policy."

Only two of the 15 council members — Alds. Milele Coggs and Terry Witkowski — didn't sign the letter.

The group noted that three more Milwaukee residents were killed by hit-and-run drivers in recent weeks, bringing the 2017 total to eight.

"This is becoming unacceptably routine," they wrote.

The aldermen also warned that speeding, red light-running and reckless driving have been occurring at record levels.

"The public, particularly those less inclined to obey traffic laws, now knows that there are certain offenses for which there is little or no likelihood of ever being caught," they wrote. "They have learned dangerous habits in this period of neglect and these have cost the lives of innocent citizens who ought to have been protected.".

Police spokesman Sgt. Tim Gauerke declined to comment.

Supporters say the department's pursuit policy is saving lives, while critics argue it allows criminals to get away. In the past, Flynn has said the No. 1 priority of the policy is the "protection of innocent lives.”

Flynn changed the policy after four people were killed by drivers fleeing police between Dec. 31, 2009, and March 1, 2010, making it so officers were not permitted to chase vehicles solely for traffic infractions or because a driver refused to stop.

The policy required officers to have probable cause that someone in the car was committing a violent felony or was "a clear and immediate threat to the safety of others" before pursuing the person.

In June 2015, the policy was changed to include pursuit of vehicles used or taken in the commission of a violent felony, such as a carjacking, regardless if officers believe the occupants were involved in the violent crime.

Because of the changes in policy and reporting mechanisms — the department began to track non-pursuits consistently in 2014 — the department has warned against comparing full years of data. "Non-pursuits" are when an officer does not attempt to chase a fleeing vehicle in accordance with the policy.

The number of pursuits and non-pursuits has risen every year since 2012. In 2016, the department logged 305 pursuits and 4,317 non-pursuits.

In the first quarter of 2017, the department recorded 27 pursuits, a 62% decline from the first quarter of last year, and 1,675 non-pursuits, an eye-popping 94% increase from the same time last year.

Ald. Michael Murphy requested the data from Milwaukee police and referenced it in an April 7 letter to the city’s Fire and Police Commission in which he asked the civilian board to review the pursuit policy.

The commission’s executive director, MaryNell Regan, said earlier this week she had received Murphy’s letter and was preparing a written response.

A commission report on the policy and its effects was already underway before Murphy’s letter and is expected to be released soon, Regan said.

Murphy said he hoped after reviewing the data, the commission would agree with his conclusion that the current pursuit policy is leading to injuries and deaths of innocent civilians.

"There's a segment of society that feels that laws don't apply to them, and as a result you see this type of reckless driving only increasing," Murphy said.

Mayor Tom Barrett's chief of staff, Patrick Curley, said, "Mayor Barrett is very concerned about drivers who have little or no regard for public safety and the law. Some of this behavior is related to car theft and carjacking and the breakdown in the juvenile justice system. Some of it is just plain recklessness. Chief Flynn, his command staff and district captains are concerned as well. As traffic laws and enforcement are being discussed, police deployment strategies are one piece and Mayor Barrett wants to make sure that the role of the courts and prosecutors are included as well.”