AGENDA City of Milton Police Commission Wednesday, March 15, :00 p.m. MILTON CITY HALL Conference Room 710 S.

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1 AGENDA City of Milton Police Commission Wednesday, March 15, :00 p.m. MILTON CITY HALL Conference Room 710 S. Janesville Street 1. Call to order 2. Approve Agenda 3. Approve Minutes February 1, Chief s Information Report to Commission a.) Monthly Police Department Reports: November, 2016 February, 2017 b.) Updates on Issues or Incidents as necessary 5. Discussion and possible action on the revised Police Commission By-Laws 6. General Items 7. Set Next Meeting Date 8. Motion to Adjourn **Please note that upon reasonable notice, at least 48 hours in advance, efforts will be made to accommodate the needs to disabled individuals through appropriate aids and services. For additional information to request this service, please contact the City Clerk s office at , 710 S. Janesville Street, Milton, WI Notice is hereby given that a majority of the Common Council may be present at this meeting at the above mentioned date and time to gather information about a subject over which they have decision-making responsibility. This constitutes a meeting of the City Council pursuant to State ex rel. Badke v. Greendale Village Bd., 173 Wis. 2d 553, 494 N.W. 2d 408 (1993) and must be noticed as such, although the City Council will not take any formal action at this meeting. Posted by: Elena Hilby 03/10/17

2 City of Milton Police Commission February 1, 2017 Call to order President Dave Schumacher called the February 1, 2017 meeting of the Police Commission to order at approximately 5:00 p.m. Present: President Dave Schumacher, Vice President Pat Conlin, Secretary Marlys Howe, Jennie Burt, and Jerry Turner. Also present: Police Chief Scott Marquardt and Assistant to the City Administrator Inga Cushman. Approve Agenda Comm. Burt motioned to approve the agenda. Comm. Conlin seconded, and the motion carried. Approve Minutes November 16, 2016 Comm. Turner motioned to approve the minutes. Comm. Conlin seconded, and the motion carried. Consideration of a motion to convene into closed session pursuant to Wisconsin Statute Section 19.85(1)(c) for the purpose of considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility. Re: Interviews for the Police Officer Eligibility List Comm. Burt motioned to convene into closed session at 5:15 p.m. Comm. Turner seconded, and the motion carried. Reconvene into open session for possible action(s) on items discussed in closed session Comm. Howe motioned to reconvene into open session at approximately 7:22 p.m. Comm. Burt seconded, and the motion carried. Comm. Turner motioned to certify in no particular order Ryan Marro, Corey Passer, Corbin Renner, and Kyle McNeil for the Police Officer Eligibility List. Comm. Howe seconded, and the motion carried. General Items There were no general items. Set Next Meeting Date The next meeting of the Police Commission will take place on March 15, 2017 at 6:00 p.m. Motion to Adjourn Comm. Howe motioned to adjourn the February 1, 2017 meeting of the Police Commission at approximately 7:24 p.m. Comm. Burt seconded, and the motion carried.

3 Police Commission February 1, 2017 Respectfully submitted, Inga Cushman Assistant to the City Administrator

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6 City of Milton Police Commission By-Laws 1

7 Article 1: MISSION AND JURISDICTION Table of Contents 1.01 Mission Jurisdiction Scope of Rules Definitions 4 Article 2: EMPLOYMENT QUALIFICATIONS AND ELIGIBILITY Qualifications of the Police Chief Qualifications for Recruitment Qualifications for Temporary or Part-Time Police Officers Eligibility 6 Article 3: RECRUITMENT, TESTING AND HIRING Police Chief Subordinates Application Misrepresentation Insufficient Application Changes in Medical Information Terminated Employees Reentry Applications Examination Delegation Position Description Eligibility for Examination Substance of Examination Examination Protocol Certified List Medical Examination Article 4: PROBATIONARY PERIOD Probation 12 2

8 Article 5: PROMOTIONS AND TRANSFERS WITHIN THE DEPARTMENT Promotions Transfer Acting Chief or Supervisory Officers 14 Article 6: DISCIPLINE, SUSPENSION, REDUCTION OR DEMOTION Suspension or Discharge of the Police Chief Discipline, Demotion, Suspension and Termination of Subordinate 14 Police Officers 6.03 Who May File Charges 15 Article 7: HEARING PROCEDURE FOR COMMISSION DELIBERATIONS ON DISCIPLINE, SUSPENSION, DEMOTION OR CHARGES 7.01 Filing Charges Procedure Action Standard Decision of the Commission Appeal 18 Article 8: LAYOFFS AND REEMPLOYMENT Layoffs Reemployment 18 Article 9: COMMISSION ADMINISTRATION Meetings Officers Special Meetings Quorum Order of Business Commission President; Duties Commission Secretary; Duties Administrative Details Public Hearing Legal Counsel 21 Article 10: CONSTURCTION OF BY-LAWS Federal or State Law Repeal of Rules Severability 21 3

9 ARTICLE 1: MISSION AND JURISDICTION 1.01 Mission The mission of the City of Milton Police Commission is to exercise hiring, firing and disciplinary authority with respect to the Chief of Police and subordinate Police Officers in the City of Milton Police Department, and thus assist the Police Chief and Police Officers in their role of protecting and assisting the people of the City of Milton, consistent with their responsibilities to the public Jurisdiction a) Preamble: The general purpose of a Police Commission is to remove, as much as possible, the political aspects of hiring, firing and disciplining Police Officers and the Chief of Police. To accomplish this, the Legislature has divested from the City Council the authority to act in these 3 areas, and place them exclusively within the domain of this Police Commission. Accordingly, members of this Commission recognize that actions they take pursuant to these by-laws are ultimately meant to preserve this exclusive authority in these 3 areas and perform the duties of a Police Commissioner without respect to political influence from the body politic of the City of Milton. b) Authority: The Police Commission has the authority vested in it by Sections and of the Wisconsin Statutes, subject to Chapter 164 of the Wisconsin Statutes. These powers include: a) Appoint the Police Chief and exercise the power to suspend or remove her or him for cause; b) Approve the appointments of subordinate Police Officers by the Police Chief; c) Provide for the competitive examination of applicants for Police Officer positions and certification of a list of persons eligible for employment; d) Adopt rules of procedure for the selection of Police Officers, including that their qualifications do not conflict with minimum qualifications established by state statute or administrative rule; e) Review and act on charges concerning the conduct of and discipline imposed on Police Officers; f) Supervise reductions in the Department in the event it is necessary to reduce the number of Police Officers; and g) Exercise other powers conferred upon the Commission by the Wisconsin Statutes. 4

10 1.03 Scope of Rules These rules apply to all Department positions requiring the employment of a Police Officer Definitions a) By-Laws means the City of Milton Police Commission By-Laws. b) Commission means the City of Milton Police Commission. c) Department means the City of Milton Police Department. d) Police Academy means the preparatory program of law enforcement training as approved by the Wisconsin Law Enforcement Standards Board. e) Police Officer means a Department position requiring the employment of a law enforcement officer as defined in Section (2)(c) of Wisconsin Statutes. f) Police Officers means all Police Officers as defined in subsection (d). g) Police Chief means the Chief of Police or temporary acting Chief of Police of the Department. ARTICLE 2: EMPLOYMENT QUALIFICATIONS AND ELIGIBILITY 2.01 Qualifications of the Police Chief For the position of Police Chief, the Commission may, in its discretion, appoint a suitable person, who need not be a member of the Department or a resident of the City. If the applicant is a nonresident, the applicant must establish residency within 15 miles of the jurisdictional boundaries of the City of Milton within twelve (12) months after appointment Qualifications for Recruitment Before an individual may commence employment as a Police Officer, that individual must have met the recruitment qualifications required by Wisconsin State Statute LES 2.01 (1) and the Wisconsin Law Enforcement Standards Board. (See Appendix A, Wisconsin State Chapter LES 2) Qualifications for Temporary or Part-Time Police Officers a) The Department may, from time to time, employ individuals as Police Officers on a limited-term, or less than full-time basis. b) As used in this section: 1) The words limited term mean employed for a definite period of time, at the end of which the employee is to be separated from employment, which employment shall carry with it no tenure, seniority or other benefits associated with regular, full-time employment as a Police Officer. 5

11 ARTICLE 3: 2) The words full-time mean employed in a regular Police Officer position that is scheduled to work 2080 hours per year. 3) The words part-time mean less than the regular fulltime schedule. c) The Police Chief may employ limited term or part-time Police Officers, provided that: 1) The limited term or part-time Police Officer positions have been authorized by the City Council, and funds have been appropriated to finance the positions; 2) Applicants meet all of the qualifications to be employed as Police Officers by the City of Milton, as demonstrated by the applicant having passed an application process of another municipal policy agency. d) Commission shall maintain a list of persons who are eligible for employment on a limited term or less than full-time basis. No part-time or limited term Police Officer may be employed in a regular full-time position unless they have been selected pursuant to the selection procedures in Article 3 of the By- Laws. RECRUITMENT, TESTING AND HIRING 3.01 Police Chief The Commission shall appoint the Police Chief, who shall hold office during good behavior, subject to suspension or removal by the Commission for cause. The Commission shall, prior to commencement of recruitment, adopt a specific recruitment and assessment procedure designed to assure the most qualified suitable candidate is selected Subordinates The Police Chief shall appoint all subordinate Police Officers using the selection and promotion procedures in these By- Laws Application The Commission shall authorize the issuance of forms for making application for appointments. The current initial form shall be the Wisconsin Law Enforcement Standard Board s Application for Employment as Law Enforcement, Jail, or Secure Juvenile Detention Officer (DJ-LE-330). Notice of the time and place for issuing forms shall be given by publication in a newspaper of general circulation in the City of Milton, and by any other means that the Commission may direct, at least ten days prior to issuing forms Misrepresentation Misrepresentation of any material fact contained in the application shall be sufficient cause for excluding the applicant from the assessment, or for removing the applicant s name from the eligibility list, or for the applicant s discharge, at any time, from the Department. 6

12 3.05 Insufficient Application In order to avoid the expense of assessing applicants who are barred from appointment, the application shall be rejected by the Commission or its designee, without further assessment, whenever the application reveals the applicant cannot meet the eligibility requirements or the qualifications of the position applied for Changes in Medical Information A candidate for employment previously rejected by a medical examiner shall not take the assessments provided for in these rules until a certificate from a medical examiner shows that the cause for rejection has been corrected or that some reasonable accommodation of the condition has become available Terminated Employee Any Police Officer dismissed from the Department for just cause or a reason other than a layoff for budgetary purposes shall thereafter be ineligible to make application for appointment to any position in the Department Reentry Applications Any former Police Officer who desires reentry to the Department shall undergo any assessment determined necessary by the Commission, except as provided in Section 3.07 of these By-Laws Assessment No person shall be eligible for appointment as a Police Officer unless that person has been assessed pursuant to the requirements of this section. The Commission shall hold or authorize the holding of assessments for appointment as Police Officer, and shall fix the date, place and conditions whenever necessary to meet the needs of the Department Delegation a) The Commission may authorize other municipal or state agencies to conduct the written examination and provide a certified list of those applicants successfully completing the examination. b) The Commission may use the assistance of the Department including the Police Chief, the City Administrator, outside consultants, and citizens, as appropriate in carrying out the Commission duties in this Section; provided that the final selection of a Police Chief, and the creation of a Certified List in Section 3.15 of these By-Laws, is done only by Commission members Position Description The Police Chief shall establish duties for every position in the Department and include these duties as part of a written position description. The written position description shall include the position title or classification; a brief description of the position; the basic or minimum qualifications to be considered for employment in the position; the level or type of supervision received by the employee; who the employee is responsible to; the type or level of independent judgment used by the employee when 7

13 performing tasks; the essential functions performed by an employee in the position; other duties that may not be essential but are typically undertaken by an employee in the position; basic abilities and knowledge the employee will need to perform adequately in the position; the type of equipment used by the employee; the location and environment in which the job is usually undertaken; any special environmental or physical conditions the employee may encounter. All position descriptions shall be reviewed and, as necessary, revised regularly Eligibility for Assessment Assessments shall be open only to those persons who are eligible for appointment and who possess the requisite qualifications in conformity with the provisions of these By-Laws Substance of Assessment The assessment shall be a multi-stage evaluation process that fairly tests the capacity of the applicants to successfully perform the positions they seek. Each original entrance assessment shall consist of the following stages, to be administered in the order listed below. Any applicant who fails to pass any assessment shall be removed from the process at that point and denied the opportunity to participate in further assessments. a) Written examination 1) Every applicant shall be tested using a suitable written law enforcement recruitment exam recommended by the Wisconsin City and County Testing Service of the Wisconsin Department of Employment Relations, or some similar, validated, instrument. The Commission shall establish a passing score prior to commencement of recruitment. 2) The Commission may, at the start of the examination process, include a standard intelligence quotient test, a mechanical comprehension test, a test of practical knowledge and ability, and such other tests as the Commission may deem of assistance in the selection of personnel. 3) The written examination shall be conducted first in the assessment process. Only those applicants who attain a passing grade on the written examination may proceed to further examinations in the assessment process. b) Oral Interview The Commission shall conduct an oral interview to evaluate the applicant s demeanor, character, personality, communication skills and ability insofar as these relate to the position qualifications. c) Character Investigation A character investigation, also known as a pre-employment background investigation, shall be conducted to determine whether the applicant possesses any 8

14 disqualifying criminal record or specific disqualifying personal history, all of which shall relate specifically to qualifications of the position involved. A voluntary waiver will be provided to the applicant giving the background investigator permission to obtain restricted banking, educational, and other records. Good character shall be determined from a written report which includes, but is not limited to, the following: 1) The applicant s fingerprints and a search of local, state and national fingerprint records; 2) Police and credit checks in all of the applicant s current and previous areas of residence; 3) Investigation at all the applicant s schools attended beyond the age of fourteen; 4) Investigation in the applicant s current neighborhood of residence and in neighborhood of former permanent residence; 5) Investigation in each place of employment. The interview of applicant s current employer should be at or towards the end of the investigation. The applicant s specific permission for this interview must be obtained; and 6) Any other investigation as deemed necessary to provide a basis for judgment on the applicant s fitness to perform the duty of a Police Officer; d) The character investigation shall not be assigned a score to be used in rating the applicant. Evidence of unsatisfactory character or activities shall be grounds for disqualification. e) Other assessments as deemed necessary by the Commission in the case of individual position selections. Thedetermination of which assessments are to be required will be made prior to commencement of recruitment and will be applied to all applicants for a position Assessment Protocol All assessments shall be carried out under the Commission s supervision. The Commission may designate any suitable municipality or state agency, person or persons to conduct or assist in conducting the assessments. The Commission may fix the compensation to be paid these designated assistants by the City, in conformity with budgetary restraints and other provisions set the by the City Council. All assessments shall comply with the following protocol: a) Each applicant taking an assessment shall follow the instructions given to her or him by the person conducting the assessment. b) Information relative to applicant s scores shall be strictly confidential, and shall not be divulged, except insofar as it 9

15 may be necessary to determine those applicants eligible for additional testing, or if deemed necessary by the Commission, for a purpose related to administration of the selection process. Under provisions of Section (6) (c) of the Wisconsin Statutes, an applicant may request and be provided with the score attained on any specific section of the assessment or the entire assessment. c) Neither applicants, Commission members nor Department employees shall give assistance to any applicant in any manner during the assessment. A violation of this rule shall subject each applicant involved to exclusion from the assessment. Any Commission member or Department employee who violates this rule shall be subject to appropriate sanctions. d) No applicant shall be given a second or special competitive test in connection with any assessment held, unless it is shown to the Commission s satisfaction that the applicant s failure to take or complete the test was due to a manifest error or mistake for which the Commission or its designated assistants are responsible. The nature of the error or mistake shall be set forth in the minutes. The Commission may, in the interest of fairness, void the assessment and re-test all applicants. e) A passing grade for the entire assessment shall be established by the Commission prior to the examination. The Commission shall apply the appropriate veteran s preferences as provided by Section 62.13(4) (d) of the Wisconsin Statutes. f) Assessment papers shall be retained by the Commission or its designated representative for seven years after the expiration of the eligibility list for which the examination was held. g) Each applicant shall present to the person conducting the assessment one or more forms of government issued identification that contains the name and a photograph of the applicant Certified List a) The Police Chief may appoint Police Officers only from the list certified by the Commission pursuant to these By-Laws. b) Upon the conclusion of the assessments, the Commission shall prepare and certify a list that contains the names of applicants who have passed all necessary assessments and are eligible to be appointed if they successfully pass the medical examination contingency. The list shall be ranked in order of the weighted scores on the assessments that were administered by the Commission. 10

16 c) Whenever it becomes necessary to fill a vacancy in the Department, the Commission shall certify to the Police Chief the names of the three highest ranking applicants remaining on the certified list. The Police Chief may conduct a personal interview with these three applicants. Should one or more applicants not pass the Police Chief interview, the Commission may present additional applicant names. The Police Chief shall extend a conditional offer of employment as a Police Officer to one of the applicants certified to the Police Chief by the Commission. The conditions of the appointment shall be the applicant s satisfactory completion of the medical examination. Any applicants certified to the Police Chief shall be deemed approved by the Commission for appointment, provided they satisfy the medical examination d) The certified list will expire twelve months from the date of certification unless extended or discontinued by the Commission. e) The Commission may, in its discretion, create rules that would modify the provisions of the by-laws to allow for lateral transfers from other departments. f) 1) There needs to be some language that recognized the effect of a collective bargaining unit in the hiring process. 2) There should also be given some consideration for the commission to make appointments pursuant to lateral transfers from other departments. This could be something simple as another letter in this article that states the following; the commission may, in its discretion, create rules that would modify the provisions of the by-laws to allow for lateral transfers from other departments Medical Examination Every person to whom a conditional offer of employment has been made pursuant to Section 3.15 of these By- Laws, shall undergo three additional assessments: a) Medical Exam: 1) Applicant will be examined by a physician licensed to practice medicine in Wisconsin and approved by the Commission. The applicant shall complete a personal medical history, a copy of which is to be submitted to the examining physician. The examination shall be solely for the purpose of verifying that the candidate is capable of meeting the essential 11

17 occupational requirements of the position, and to address those physical and health requirements that relate to the occupational qualifications for the position involved, or the nature of reasonable accommodations required to enable the applicant to meet these qualifications. 2) The medical exam will include a drug screen completed through urinalysis. 3) If a conditional employee challenges their failed medical exam, and if the conditional employee is determined by the Chief of Police and the Commission to have sufficient qualities such that, if appointed, would be in the best interest of the department and the city, then a second medical exam will be arranged. This second medical exam will be conducted at a medical facility specifically addressing the merits of the challenge. The results of this medical exam shall be considered conclusive and final. Should the results be determined by the medical staff to be inconclusive, the conditional offer of employment shall be withdrawn. b) Psychological Exam: 1) The applicant will undergo a comprehensive psychological screening provided by a clinician with experience and knowledge of law enforcement preemployment psychological screening. 2) Should the applicant be determined to be unsatisfactory for employment as a police officer, the conditional offer of employment shall be withdrawn. ARTICLE 4: PROBATIONARY PERIOD 4.01 Probation a) All appointed employees, except the Police Chief, shall be on probation for one year from the date of hire. As used in these By-Laws, the term probation means the customary initial provisional employment status, subject to terms that include, but are not limited to, the following: 1) In accordance with the labor contract with the Milton Professional Police Association, the probation period will begin on the first day of full-time employment with the City of Milton. The probation period may be 12

18 extended by the Police Chief for no longer than 6 months after discussion with the Union. 2) The employee has no expectations of continued employment, nor any contractual or other vested property right in employment; 3) The employee may be terminated at any time for any reason in the sole discretion of the Police Chief; 4) The employee is not entitled to any showing of cause for termination; and 5) The employee is not accorded any formal hearing rights of any kind other than those that are necessary to meet constitutional requirements or those specified in Chapter 164 of the Wisconsin Statutes. b) If during the first year of actual service in the new position, the probationary employee proves unsatisfactory or undesirable for the position, the Police Chief may terminate the probationary employee. c) The appointee shall not be entitled to an appeal from a dismissal or demotion. ARTICLE 5: PROMOTIONS AND TRANSFERS WITHIN THE DEPARTMENT 5.01 Promotions a) Subject to provisions pertaining to lateral transfer, it is Commission policy to fill vacancies in non-entry level positions by internal promotion, provided that at least two candidates from within the Department, for each position, can be certified to the Police Chief for promotion. 1) If at any point in the internal process, there is or becomes less than two internal candidates that can be certified to the Police Chief for each position, then the Commission shall open the process to candidates from outside the Department as well as the remaining candidates, if any. 2) The internal promotion policy preference as stated in this subsection does not apply to the position of Police Chief, which shall be open to qualified candidates from both inside and outside the Department. b) Consistent with the established position description for a vacant position, specific promotional requirements will be established by the Commission prior to the beginning of the selection process. 13

19 c) Notice of the promotional opportunity and the scheduling of promotional examinations shall be authorized by the Police Commission. Appropriate notice to Police Officers of the promotional opportunity shall be posted on the Department bulletin board by the Police Chief. The notice of the promotional opportunity shall be posted at the time the requirements are posted. That posting will be at least ten days prior to the beginning of the process. All effort will be made to adjust any internal work schedule to accommodate all qualified members who desire the opportunity to compete. If the internal work schedule interferes, the Commission will arrange to schedule assessments so that no internal candidate is disqualified due to the needs of the Department. d) All qualified members desiring to compete shall apply to the Commission using a written application for promotions developed by the Commission. e) The promotion examination shall consist of an appropriate examination by the Commission in accordance with Section 3.13(a), (b) and (c) of these By-Laws. f) After selection, promoted supervisory employees will serve a one year probation subject to the following terms. 1) The probation period will begin on the first day served in the new promotional status. 2) The employee has no expectations of continued promotional status, nor any contractual or other vested property right in the promotional position. 3) If during the first year of actual service in the new position, the person appointed proves unsatisfactory or undesirable for the promotion, the Police Chief may demote the employee to the employee s former rank. 4) The demoted employee is not accorded any formal hearing rights of any kind other than those that are necessary to meet constitutional requirements or those specified in Chapter 164 of the Wisconsin Statutes Transfer a) Movement of an individual Police Officer from one position to another, within the same pay scale, shall be deemed a transfer. The Police Chief may direct a transfer without Commission approval, provided the transfer does not violate any collective bargaining agreement. b) Transfers may be made without the consent of the personnel involved. If a Police Officer makes a written request for a transfer, the Chief shall give due consideration to the request. c) The Police Chief will keep the Commission informed of all transfers made, by notifying the Commission in a report at 14

20 the next regular Commission meeting. Transfers are not to be considered appointments Acting Chief or Supervisory Officers a) The Commission may appoint a subordinate officer as a temporary acting Chief in the event the Chief retires, resigns, or is temporarily unable to fulfill the Chief s duties. b) The Chief may appoint a Lieutenant as Acting Chief if the Chief is on vacation and unreachable by telephone or . c) The Chief, only after receiving Commission approval, may appoint a subordinate officer as a temporary acting Lieutenant,, in the event that one of those supervisory officers retires, or is temporarily unable to fulfill their duties. d) Temporary acting appointments under this subsection shall be for a period not to exceed six months, except that the Commission in its discretion may extend the temporary acting appointment if needed.. ARTICLE 6: DISCIPLINE, SUSPENSION, REDUCTION OR DEMOTION 6.01 Suspension or Discharge of the Police Chief a) Investigatory Suspension. The Commission may suspend the Police Chief upon its own initiative, or pending the investigation of written charges made by a citizen that have been filed with the Commission. The suspension shall be with pay and benefits and shall be for the shortest reasonable duration within which the charges may be investigated and resolved. Suspension of the Police Chief requires a majority vote of the Commission. b) In the event that the Commission deems it appropriate and necessary, the Commission may discipline the Police Chief, including discipline in the form of an unpaid suspension. The Commission, in its sole discretion, shall determine the appropriate discipline to be administered. c) The Commission may, upon a finding of just cause, terminate the Police Chief. d) The Police Chief shall be notified in writing of the charges filed against her or him and shall have the hearing rights provided in Article 7 of these By-Laws, except that Section 7.04 of these By-Laws apply to the Police Chief only to the extent required by Wisconsin law. e) Section 62.13(5)(j) of the Wisconsin Statutes, applies Section 62.13(5) of the Wisconsin Statutes to disciplinary actions against the Police Chief when applicable and allows the Commission to suspend the Police Chief pending disposition of charges filed with the Commission. 15

21 6.02 Discipline, Demotion, Suspension and Termination of Subordinate Police Officers a) Discipline. The Police Chief may, for just cause, impose discipline on a subordinate Police Officer. The Commission may, on its own motion, impose discipline if the Commission believes discipline is warranted after a hearing on charges pursuant to Article 7. b) The Commission or the Police Chief may suspend a subordinate for just cause. The Commission has the sole authority to demote or terminate a subordinate for just cause. If the Police Chief suspends a subordinate, he or she shall immediately report it in writing, with the cause, to the Commission. c) The Commission shall review any disciplinary action taken or approved by the Police Chief only if the individual affected appeals the decision, or it he Commission, on its own motion, initiates review Who May File Charges As provided by Section 62.13(5)(b) of the Wisconsin Statutes, charges may be filed against a subordinate by the Police Chief, by a member of the Commission, by the Commission as body, or by an aggrieved person. Such charges shall be in writing and shall be filed with the Commission President. Pending disposition of charges the Commission or Police Chief may suspend the subordinate. As required by Wisconsin Statute 62.13(5)(h), suspensions pending final disposition must be suspensions with pay. ARTICLE 7: HEARING PROCEDURE FOR COMMISSION DELIBERATIONS ON DISCIPLINE, SUSPENSION, DEMOTION OR CHARGES 7.01 Filing Charges Any person may file charges against the Police Chief or a subordinate officer. Charges shall be in writing. The Commission shall make a form available for filing charges, but charges need not be filed on the form Procedure a) Pursuant to Section 62.13(5) (d) of the Wisconsin Statutes, after the filing of charges in any case, a copy of the charges shall be served on the Police Officer charged. b) Notice of hearing. The Commission shall set a date for hearing not less than ten days nor more than thirty days following the date of service of charges. c) Preliminary Meeting. When charges against a Police Officer or Police Chief are filed with the Commission, if the date of filing is more than ten days prior to the next regular meeting, the Commission President shall call a special meeting of the Commission. That meeting may, in the President s discretion, be conducted as an open meeting or a closed session, 16

22 provided that closed sessions are conducted in accord with Section of the Wisconsin Statutes. Should the filing be within ten days of the next regular meeting, it shall not be necessary to call a special meeting, but the charges shall be considered a part of the next regular meeting agenda. 1) Notice of regular or special meetings shall be given in the normal and customary manner, but not less than twenty-four hours prior to the meeting. In addition, notice shall be given to the complainant and the accused. A copy of the charges shall be furnished to the accused along with the notice as well as an explanation that delivery does not constitute service. If the meeting is set for closed session, the notice shall advise the accused that he or she has the right to demand that the meeting be conducted in open session. 2) At the preliminary meeting, the Commission, to avoid defamation of the accused, shall read and examine the charges to assure that they are sufficiently specific, and related to police duties, and that if proven they are sufficient to warrant imposition of discipline. 3) The Commission shall also determine whether the accused should be suspended with pay pending the hearing on the charges. 4) The accused and the complainant and/or their attorneys may be heard. However, the preliminary meeting shall not hear or evaluate evidence. The Commission s legal counsel shall, upon request of the Commission President, attend such meeting and advise the Commission as to the proceedings. d) The hearing on the charges shall be public. Both the accused and the complainant may be represented by legal counsel. Any party may compel the attendance of witnesses by subpoenas that shall be issued by the Commission President at the request of a party. The subpoenas shall be served under Chapter 885 of the Wisconsin Statutes. e) Selection and Appointment of Legal Counsel: In the event of a pending officer discipline case, the Police Commission shall appoint counsel representing both the Commission and the Chief of Police (in cases where the Chief is filing charges). In the event it is not the Chief of Police filing charges with the Police Commission, the Commission shall consult with the City Council prior to appointment(s) of Counsel to determine whether or not City financial support of legal counsel for the party requesting charges is justified. The City shall be responsible for the costs associated with the 17

23 appointment(s) of said counsel appointment by the Police Commission. f) In accordance with Wisconsin Supreme Court rulings, the Commission may, pursuant to section 62.13(5)(g), appoint a hearing examiner to conduct initial evidentiary hearings, and to make reports and recommendations to the Commission, provided that the ultimate decision making authority remains with the commission Action a) If the charges are found to be sufficient, as to form and nature, the Commission shall so find and proceed to disposing of the charges pursuant to Section 7.04 of these By-Laws. b) Should the charges be found at the preliminary meeting to be insufficient as to form and nature, the charges shall be dismissed. The decision dismissing charges must be made in open session if the preliminary meeting was closed. If it appears that the defects in the charges may be cured by providing additional detail or facts, the Commission may grant the complainant up to thirty days to supplement the complaint Standard a) No subordinate officer may be suspended, reduced in rank, or removed by the Commission, based on charges filed by the Commission, a member of the Commission, the Police Chief or an aggrieved person unless the Commission determines that there is just cause to sustain the charges, as described in this subsection. b) In making its determination, the Commission shall apply the following standards, to the extent applicable, as required by Section 62.13(5)(em) of the Wisconsin Statutes: 1) Whether the subordinate could reasonably be expected to have had knowledge of the probable consequences of the alleged conduct. 2) Whether the rule or order that the subordinate allegedly violated is reasonable. 3) Whether the Police Chief, before filing the charge against the subordinate, made a reasonable effort to discover whether the subordinate did in fact violate a rule or order. 4) Whether the effort described under subsection (c) was fair and objective. 5) Whether the Police Chief discovered substantial evidence that the subordinate violated the rule or order as described in the charges filed against the subordinate. 18

24 6) Whether the Police Chief is applying the rule or order fairly and without discrimination against the subordinate. 7) Whether the proposed discipline reasonably relates to the seriousness of the alleged violation and to the subordinate s record of service with the Department. c) Provisions for suspension, demotion or removal of the Police Chief by the commission are identical to those listed in section 7.04(a), where applicable to Police Chiefs Decision of the Commission b) The Commission shall, within three days after hearing, by a majority vote of its members in open or closed meeting, determine whether the charges are sustained by a preponderance of the evidence. The Commission shall issue its decision in conformity with Section 62.13(5) (e) of the Wisconsin Statutes, which provides that if the Commission finds the charges are not sustained, the accused, if suspended pending the hearing, shall be immediately reinstated and all lost pay restored. If charges against an officer or Chief are not sustained, the employment record of said officer or Chief shall be cleared of all references to those charges. c) Should the Commission determine that the charges are sustained it shall at once determine whether the good of the Department requires disciplinary action by permanent discharge of the accused, by suspension without pay for a period not exceeding sixty days, by a reduction in rank, or no disciplinary action whatsoever. d) All Commission findings and determinations made after a hearing on charges, and all disciplinary orders based on the findings and determinations shall be filed with the Commission Secretary within three days of the Commission s action under subsection 7.05(c) of these By- Laws. e) The Secretary shall keep a record of each hearing, name and address of the accused and complainant, if there be one, a brief description of the charges involved, and the final disposition of the case. The Secretary shall also show on the docket for each case all other important data and dates concerning the case, such as date of filing notice of appeal, date of sending out notices and to whom sent, date of posting of notice of hearing, and dates of hearings, continuances and final determinations and all exhibits, documents involved in hearing, including a transcript of the proceedings. All documents shall be filed with the Secretary. The Secretary may use the assistance of the Commission Legal Counsel or professional court reporters performing these duties. 19

25 f) 7.06 Appeal 7.07 a) Any person suspended or terminated after hearing may appeal from the order to the Circuit Court by serving written notice with the Commission Secretary within ten days after the order is filed, stating the grounds upon which the appeal is based. Within five days thereafter the Commission Secretary shall certify to the Clerk of Circuit Court the records of the proceedings, including all documents, testimony and minutes. After the taking of the appeal, the proceedings shall be governed by the provisions of Section (5) (i) of the Wisconsin Statutes b) Should a collective bargaining agreement include provisions for mediation and arbitration pursuant to state law, then members of the collective bargaining unit may choose either the provisions in section 7.06(a) or the mediation and arbitration provisions as a route for appeal. ARTICLE 8: LAYOFFS AND REEMPLOYMENT 8.01 Layoffs When it becomes necessary, because of need for economy, lack of work or funds, or for other reason to reduce the number of subordinate Police Officers, the emergency, special temporary, parttime, or provisional subordinate Police Officers, if any, shall be laid off first. Thereafter subordinate Police Officers shall be laid off in order of the shortest length of service in the Department. Those with identical seniority shall be laid off in the order of least ability to serve as determined by the Commission s review and consideration of available evaluations or other body of work. a) If evaluations or other body of work are determined by a majority vote of the commission to be insufficient in quantity and/or quality, the commission may, by majority vote, choose other such means to consider for purposes of this section Reemployment The name of a subordinate Police Officer laid off for any cause set forth in Section 8.01 of these By-Laws shall be retained on an eligible reemployment list for a period of two years after the date of the layoff. If any vacancies occur, or if the number of subordinate Police Officers is increased in the Department, the vacancies or new positions shall be filled by persons on the reemployment list in the inverse order of layoff. a) Upon reemployment, the Commission reserves the right to require any or all of the following, if the period of layoff is more than 6 months; personality profile; physical fitness assessment; medical 20

26 assessment; drug testing; and background check for the period of the layoff. ARTICLE 9: COMMISSION ADMINISTRATION 9.01 Meetings The Commission shall hold regular quarterly meetings appropriately noticed to the public in the City Hall or any other designated place at a regular time and day selected by the Commission. Generally, meetings will be held in February, May, August and November Officers Annually, at the May meeting, the Commission shall elect from among its members a President, Vice-President, and Secretary. Should a Commission officer resign from the Commission and/or the elected officer role, that vacancy shall be filled, by election, at the next regularly scheduled meeting Special Meetings All special meetings of the Commission shall be held at the place where the regular meetings are held, if possible. Special meetings may be called at any time by the President, or by any two members, by causing a written or oral notice of the special meeting to be personally delivered to each Commissioner. If a Commissioner cannot be found, notice may be delivered by leaving a written copy of the notice at the Commissioner s usual place of abode in the presence of a member of their family of suitable age and discretion Quorum Three Commission members constitute a quorum in order to transact business. All Commission decisions shall be made by a majority vote of members present Order of Business The Commission s regular order of business shall be: a) Roll Call. b) Consideration of the preceding meeting minutes. c) Consideration of communications from the Police Chief. d) Unfinished and miscellaneous business. e) New business. f) Citizen appearances Commission President: Duties The commission President shall preside over all Commission meetings and hearings. She or he shall receive written charges filed against the Police Chief or subordinate Police Officers, and when necessary, the Commission President may issue subpoenas to compel the attendance of witnesses in accordance with Chapter 885 of the Wisconsin Statutes. In the event of the Commission President s absence or disability, the Vice President shall assume the duties of the President Commission Secretary: Duties 21

27 a) The Secretary shall receive appeals from action of the Police Chief, send out notices required by law, ordinance, these By- Laws, or as requested by the Commission, make official publications as may be necessary, attend all Commission meetings and hearings, provide for the taking and recording of testimony and other evidence received at hearings, preserve the evidence in a permanent record, and certify the record to the Circuit Court when required by law. b) The Secretary shall keep a minute book, showing all important facts pertaining to each meeting and hearing. The minutes of each meeting and hearing shall be signed by the Secretary and approved by the Commission. A copy of the unapproved minutes shall be provided each Commission member and the Police Chief as soon after each meeting as is possible. c) After the minutes are approved by the Commission, one copy shall also be filled with the City Administrator. d) The Secretary at the direction of the Commission President may conduct correspondence on behalf of the Commission. Any Commission member designated by the Commission President may also conduct correspondence on the Commission s behalf Administrative Details The Commission shall adopt procedures further defining the following administrative details in proceeding toward disposition of charges filed with the Commission: a) Set a hearing date within the time frame provided by the statute, i.e., not less that ten days nor more than thirty days after service of the charges on the accused; b) Establish procedures for causing service of charges (by way of the Commission Attorney or otherwise) and notice of hearing to be served in the same manner that a summons is served; c) Direct the obtaining of court reporter for the hearing; d) Establish procedures for issuance of subpoenas by the President and policy as to payment of witness fees; e) Direct the development of the format of the public hearing and direct the furnishing of relevant information to the parties and their attorneys, if any; f) Direct the giving of any required notice of public hearing; g) In the event the parties reach agreement prior to scheduled hearing and have expressed an interest in canceling the hearing, the cancellation requires the concurrence of the Commission President or her or his designee Public Hearing A public hearing may be held at regular or special meetings of the Commission at such time s shall be determined by the Commission. All hearings shall be open to the public, except that 22

28 the Commission may take final action in closed session. Hearing procedures are as follows: a) The accused and the complainant may be represented by counsel; b) All testimony of witnesses shall be under oath in the form and manner provided by Chapter 887 of the Wisconsin Statutes; c) The hearing order shall be as follows: 1) Reading of the charges by the Secretary. 2) Opening statements by the parties, at the Commission s discretion. 3) Testimony and introduction of evidence by the complainant to substantiate the charges with right of cross examination by the accused. 4) Testimony and introduction of evidence by the accused with right of cross examination by the complainant. 5) Complainant s arguments. 6) Accused s arguments Legal Counsel a) The City Attorney shall serve as prosecuting counsel for all charges filed by the Police Chief, the Commission, the City Council, City President or City Administrator. In cases of charges filed by citizens, the City Attorney shall represent the interests of the Police Chief. The City Council may authorize the use of an appropriately licensed attorney other than the duly appointed City Attorney as prosecutor for the charges presented. b) The Commission shall retain independent legal counsel to advise the Commission on its hearing procedures, the merits of alleged violations of Department rules and its determinations, subject to the approval of the City Council and the availability of funds from the City. c) Complainant citizens shall prosecute their charges before the Commission either by themselves or by counsel they retain at their own expense. ARTICLE 10: CONSTRUCTION OF BY-LAWS Federal or State Law Should any Federal or State law or regulations, or the final decision of any court of competent jurisdiction affect any provision of these By-Laws, the provision or provisions affected shall be deemed to be amended to conform to the law, regulation or decision. These By-Laws shall be construed to be consistent with the requirements of Federal and State law. 23

29 10.02 Repeal of Rules These rules shall not be repealed, amended or modified except by majority action of the Commission at a Commission meeting Severability In the event any portion of these By-Laws is found to be invalid, the remaining portion shall stand. 24

30 APPENDIX B CITIES Police and fire departments. (1) COMMISSIONERS. Except as provided in subs. (2g), (2m), (2s), and (8) (b) each city shall have a board of police and fire commissioners consisting of 5 citizens, 3 of whom shall constitute a quorum. The mayor shall annually, between the last Monday of April and the first Monday of May, appoint in writing to be filed with the secretary of the board, one member for a term of 5 years. No appointment shall be made which will result in more than 3 members of the board belonging to the same political party. The board shall keep a record of its proceedings. Updated Wis. Stats. 8 (2) EXCEPTION. (a) Except as provided under sub. (6m), subs. (1) to (6) shall not apply to cities of less than 4,000 population except by ordinance adopted by a majority of all the members of the council. A repealing ordinance may be adopted by a like vote. (b) A city that creates a joint police or fire department with a village under s is not required to create a separate board of police and fire commissioners under this section. The city shall create a joint board of commissioners to govern the joint department, as required in s If the city also creates one separate protective services department in addition to the joint protective services department, the city shall create a separate board of commissioners to govern that department. A city s joint board of commissioners is subject to s (3g) (d). A city s separate board of commissioners is subject to this section. (2e) COMBINED PROTECTIVE SERVICES. (a) A city may provide police and fire protection services by any of the following: 1. A combined protective services department which is neither a police department as otherwise constituted under this section nor a fire department as otherwise constituted under this section, in which the same person may be required to perform police protection and fire protection duties without being required to perform police protection duties for more than 8 hours in each 24 hours except in emergency situations, as described under sub. (7n). 2. Persons in a police department or fire department who, alone or in combination with persons designated as police officers or fire fighters, may be required to perform police protection and fire protection duties without being required to perform police protection duties for more than 8 hours in each 24 hours except in emergency situations, as described under sub. (7n). (b) The governing body of a city acting under par. (a) may designate any person required to perform police protection and fire protection duties under par. (a) as primarily a police officer or fire fighter for purposes described in subs. (7m), (7n), (10m), and (11) and ss , , and (2g) CONTRACTING FOR POLICE PROTECTIVE SERVICES. A city may enter into a contract for police protective services with a village, a town, another city, or a county. A city that contracts for police protective services shall pay the full cost of services provided. A city that contracts for all of its police protective services under this subsection and for all of its fire protective services under sub. (8) (b) is not required to have a board of police and fire commissioners. A city that contracts for all of its police protective services under this subsection, but not for all of its fire protective services under sub. (8) (b), shall have a board of police and fire commissioners under this section, but the board may only address issues related to the fire department. A city may not contract with a county to provide all of the city s police protective services under this subsection. (2m) JOINT DEPARTMENTS, CONTRACT SERVICES. (a) A city may create a joint police department or a joint fire department, or both, with another city. (b) A city that creates a joint police department or a joint fire department, or both, with another city under par. (a) is not required to create a separate board of police and fire commissioners under this section. The cities shall create a joint board of commissioners to govern the joint department. If only one joint department is created, each city shall retain its existing board of police and fire commissioners to govern the separate department. The cities may jointly determine the number of commissioners to be appointed to the joint board by each city and the length of the commissioners terms. A majority of the commissioners is a quorum. A joint board of commissioners that is created under this paragraph to govern a joint police department is subject to the provisions of subs. (3) to (7n), a joint board of commissioners that is created under this paragraph to govern a joint fire department is subject to the provisions of subs. (8) to (12) and a joint board of commissioners that is created under this paragraph to govern a joint police and fire department is subject to the provisions of subs. (2) to (12) Wisconsin Statutes updated through 2015 Wis. Act 356 and all Supreme Court Orders entered before April 14, Published and certified under s Changes effective after April 14, 2016 are designated by NOTES. (Published )

31 Updated Wis. Stats. Published and certified under s April 14, Updated Wis. Stats. (2s) ABOLITION OF POLICE DEPARTMENT, COUNTY LAW ENFORCEMENT. (a) Subject to pars. (b) to (d), a city may abolish its police department or combined protective services department if it enters into a contract with a county under s (2) (e) for the county sheriff to provide law enforcement services in all parts of the city. If the city is located in more than one county, it may not abolish its police department or combined protective services department under this paragraph unless the city enters into a contract under this paragraph with the county in which the greatest amount of the city s equalized value, population or territory is located. If a city that is located in more than one county enters into a contract with a county under this paragraph, the jurisdiction of the contracting county s sheriff and deputies includes the entire territory of the city. (b) If a city wishes to contract with a sheriff for law enforcement services, the common council shall adopt a resolution, as described under s (2) (a), requesting that such services be provided. The resolution shall provide that such services are to be provided exclusively by the county. (c) The contract described under par. (a) shall address at least all of the following elements: 1. The division, with the county, of the city s assets and liabilities that relate to the city s police department and the amount that the county will pay, if any, for such assets. 2. A description of the level of law enforcement and the number of deputies that the county will provide to the city and the amount that the city will pay for the services in excess of the city s portion of the county s law enforcement levy. 3. A procedure for the city to request, or require, that the county provide additional law enforcement services and the cost the county may charge the city for providing additional services. 4. The term of the agreement and procedures for the renewal, extension, or termination of the agreement. (d) No contract that is entered into under this subsection may take effect until all of the following occur: 1. The county board approves under s (2) (a) the resolution adopted under par. (b). 2. The governing bodies of the city and the county approve the contract. 3. The expiration of any collective bargaining agreement between the city and its police department employees. 4. The city and county discuss the provision of emergency 911 telephone service within the area to which the contract applies. (3) CHIEFS. The board shall appoint the chief of police and the chief of the fire department or, if applicable, the chief of a combined protective services department, who shall hold their offices during good behavior, subject to suspension or removal by the board for cause. (4) SUBORDINATES. (a) The chiefs shall appoint subordinates subject to approval by the board. Such appointments shall be made by promotion when this can be done with advantage, otherwise from an eligible list provided by examination and approval by the board and kept on file with the clerk. (b) Any person who, on June 23, 1943 has served and acted as a full time city police patrolman, patrolwoman or police officer performing the services by virtue of regular assignment therefor under the orders and supervision of the chief of police of said city, and receiving his or her salary on the regular official payroll of said police department for a continuous period of more than 10 years, although not regularly appointed from an eligible list, is deemed to have been regularly appointed, as of the time of the commencement of his or her service. (c) For the choosing of such list the board shall adopt, and may repeal or modify, rules calculated to secure the best service in the departments. These rules shall provide for examination of physical and educational qualifications and experience, and may provide such competitive examinations as the board shall determine, CITIES and for the classification of positions with special examination for each class. The board shall print and distribute the rules and all changes in them, at city expense. (d) The examination shall be free for all U.S. citizens over 18 and under 55 years of age, with proper limitations as to health and, subject to ss , , and , arrest and conviction record. The examination, including minimum training and experience requirements, shall be job related in compliance with appropriate validation standards and shall be subject to the approval of the board and may include tests of manual skill and physical strength. All relevant experience, whether paid or unpaid, shall satisfy experience requirements. The board shall control examinations and may designate and change examiners, who may or may not be otherwise in the official service of the city, and whose compensation shall be fixed by the board and paid by the city. Veterans and their spouses shall be given preference points in accordance with s (1) (fm). NOTE: Par. (d) is shown as amended eff by 2015 Wis. Act 150. Prior to it reads: (d) The examination shall be free for all U.S. citizens over 18 and under 55 years of age, with proper limitations as to health and, subject to ss , , and , arrest and conviction record. The examination, including minimum training and experience requirements, shall be job related in compliance with appropriate validation standards and shall be subject to the approval of the board and may include tests of manual skill and physical strength. All relevant experience, whether paid or unpaid, shall satisfy experience requirements. The board shall control examinations and may designate and change examiners, who may or may not be otherwise in the official service of the city, and whose compensation shall be fixed by the board and paid by the city. Veterans and their spouses shall be given preference points in accordance with s (7). (e) The council of any city of the 2nd, 3rd or 4th class may provide that members of the police force shall be of both sexes. The fire and police commission shall select each police officer from an eligible list. (5) DISCIPLINARY ACTIONS AGAINST SUBORDINATES. (a) A subordinate may be suspended as hereinafter provided as a penalty. The subordinate may also be suspended by the commission pending the disposition of charges filed against the subordinate. (b) Charges may be filed against a subordinate by the chief, by a member of the board, by the board as a body, or by any aggrieved person. Such charges shall be in writing and shall be filed with the president of the board. Pending disposition of such charges, the board or chief may suspend such subordinate. (c) A subordinate may be suspended for just cause, as described in par. (em), by the chief or the board as a penalty. The chief shall file a report of such suspension with the commission immediately upon issuing the suspension. No hearing on such suspension shall be held unless requested by the suspended subordinate. If the subordinate suspended by the chief requests a hearing before the board, the chief shall be required to file charges with the board upon which such suspension was based. (d) Following the filing of charges in any case, a copy thereof shall be served upon the person charged. The board shall set date for hearing not less than 10 days nor more than 30 days following service of charges. The hearing on the charges shall be public, and both the accused and the complainant may be represented by an attorney and may compel the attendance of witnesses by subpoenas which shall be issued by the president of the board on request and be served as are subpoenas under ch (e) If the board determines that the charges are not sustained, the accused, if suspended, shall be immediately reinstated and all lost pay restored. If the board determines that the charges are sustained, the accused, by order of the board, may be suspended or reduced in rank, or suspended and reduced in rank, or removed, as the good of the service may require. (em) No subordinate may be suspended, reduced in rank, suspended and reduced in rank, or removed by the board under par. (e), based on charges filed by the board, members of the board, an aggrieved person or the chief under par. (b), unless the board determines whether there is just cause, as described in this para Wisconsin Statutes updated through 2015 Wis. Act 356 and all Supreme Court Orders entered before April 14, Published and certified under s Changes effective after April 14, 2016 are designated by NOTES. (Published )

32 Updated Wis. Stats. Published and certified under s April 14, CITIES graph, to sustain the charges. In making its determination, the board shall apply the following standards, to the extent applicable: 1. Whether the subordinate could reasonably be expected to have had knowledge of the probable consequences of the alleged conduct. 2. Whether the rule or order that the subordinate allegedly violated is reasonable. 3. Whether the chief, before filing the charge against the subordinate, made a reasonable effort to discover whether the subordinate did in fact violate a rule or order. 4. Whether the effort described under subd. 3. was fair and objective. 5. Whether the chief discovered substantial evidence that the subordinate violated the rule or order as described in the charges filed against the subordinate. 6. Whether the chief is applying the rule or order fairly and without discrimination against the subordinate. 7. Whether the proposed discipline reasonably relates to the seriousness of the alleged violation and to the subordinate s record of service with the chief s department. (f) Findings and determinations hereunder and orders of suspension, reduction, suspension and reduction, or removal, shall be in writing and, if they follow a hearing, shall be filed within 3 days thereof with the secretary of the board. (g) Further rules for the administration of this subsection may be made by the board. (h) No person shall be deprived of compensation while suspended pending disposition of charges. (i) Any person suspended, reduced, suspended and reduced, or removed by the board may appeal from the order of the board to the circuit court by serving written notice of the appeal on the secretary of the board within 10 days after the order is filed. Within 5 days after receiving written notice of the appeal, the board shall certify to the clerk of the circuit court the record of the proceedings, including all documents, testimony and minutes. The action shall then be at issue and shall have precedence over any other cause of a different nature pending in the court, which shall always be open to the trial thereof. The court shall upon application of the accused or of the board fix a date of trial, which shall not be later than 15 days after such application except by agreement. The trial shall be by the court and upon the return of the board, except that the court may require further return or the taking and return of further evidence by the board. The question to be determined by the court shall be: Upon the evidence is there just cause, as described under par. (em), to sustain the charges against the accused? No costs shall be allowed either party and the clerk s fees shall be paid by the city. If the order of the board is reversed, the accused shall be forthwith reinstated and entitled to pay as though in continuous service. If the order of the board is sustained it shall be final and conclusive. (j) The provisions of pars. (a) to (i) shall apply to disciplinary actions against the chiefs where applicable. In addition thereto, the board may suspend a chief pending disposition of charges filed by the board or by the mayor of the city. (5m) DISMISSALS AND REEMPLOYMENT. (a) When it becomes necessary, because of need for economy, lack of work or funds, or for other just causes, to reduce the number of subordinates, the emergency, special, temporary, part time, or provisional subordinates, if any, shall be dismissed first, and thereafter subordinates shall be dismissed in the order of the shortest length of service in the department, provided that, in cities where a record of service rating has been established prior to January 1, 1933, for the said subordinates, the emergency, special, temporary, part time provisional subordinates, if any, shall be dismissed first, and thereafter subordinates shall be dismissed in the order of the least efficient as shown by the said service rating. (b) When it becomes necessary for such reasons to reduce the number of subordinates in the higher positions or offices, or to Updated Wis. Stats. 10 abolish any higher positions or offices in the department, the subordinate or subordinates affected thereby shall be placed in a position or office in the department less responsible according to the subordinate s efficiency and length of service in the department. (c) The name of a subordinate dismissed for any just cause set forth in this section shall be left on an eligible reemployment list for a period of 2 years after the date of dismissal, except that if the dismissal was for disciplinary reasons the subordinate may not be left on an eligible reemployment list. If any vacancy occurs, or if the number of subordinates is increased, in the department, the vacancy or new positions shall be filled by persons on the eligible reemployment list in the inverse order of the dismissal of the persons on the list. (6) OPTIONAL POWERS OF BOARD. (a) The board of fire and police commissioners shall have the further power: 1. To organize and supervise the fire and police, or combined protective services, departments and to prescribe rules and regulations for their control and management. 2. To contract for and purchase all necessary apparatus and supplies for the use of the departments under their supervision, exclusive of the erection and control of the police station, fire station, and combined protective services station buildings. 3. To audit all bills, claims and expenses of the fire, police, and combined protective services departments before the same are paid by the city treasurer. (b) The provisions of this subsection shall apply only if adopted by the electors. Whenever not less than 70 days prior to a regular city election a petition therefor, conforming to the requirements of s and signed by electors equal in number to not less than 20% of the total vote cast in the city for governor at the last general election, shall be filed with the clerk as provided in s. 8.37, the clerk shall give notice in the manner of notice of the regular city election of a referendum on the adoption of this subsection. Such referendum election shall be held with the regular city election, and the ballots shall conform with the provisions of ss (2) and 10.02, and the question shall be Shall s (6) of the statutes be adopted? (6m) If a city of less than 4,000 population has not by ordinance applied subs. (1) to (6) to the city, the city may not suspend, reduce, suspend and reduce, or remove any police chief, combined protective services chief, or other law enforcement officer who is not probationary, and for whom there is no valid and enforceable contract of employment or collective bargaining agreement which provides for a fair review prior to that suspension, reduction, suspension and reduction or removal, unless the city does one of the following: (a) Establishes a committee of not less than 3 members, none of whom may be an elected or appointed official of the city or be employed by the city. The committee shall act under sub. (5) in place of the board of police and fire commissioners. The city council may provide for some payment to each member for the member s cost of serving on the committee at a rate established by the city council. (b) Appoint a person who is not an elected or appointed official of the city and who is not employed by the city. The person shall act under sub. (5) in place of the board. The city council may provide for some payment to that person for serving under this paragraph at a rate established by the city council. (7) COMPENSATION. The salaries of chiefs and subordinates shall be fixed by the council. Unless the council otherwise provides, in cities of the 4th class rewards for the apprehension of criminals may be retained by the person entitled thereto. Such salaries when so fixed may be increased but not decreased by the council without a previous recommendation of the board. The council may provide that the salaries shall increase with length of service. (7m) REST DAY. (a) The council of every city of the fourth class shall provide for, and the chief of the police or fire department, or the chief of the combined protective services department, Wisconsin Statutes updated through 2015 Wis. Act 356 and all Supreme Court Orders entered before April 14, Published and certified under s Changes effective after April 14, 2016 are designated by NOTES. (Published )

33 Updated Wis. Stats. Published and certified under s April 14, Updated Wis. Stats. shall assign to, each subordinate police officer, or each subordinate designated as primarily a police officer under sub. (2e) (b), in the service of such city one full rest day of 24 consecutive hours during each 192 hours, except in cases of positive necessity by some sudden and serious emergency, which, in the judgment of the chief of police, the fire chief, or the chief of the combined protective services department, demands that such day of rest not be given at such time. Arrangements shall be made so that each full rest day may be had at such time or times as will not impair the efficiency of the department. (b) The council of every city of the second or third class shall provide for, and the chief of the police or fire department, or the chief of the combined protective services department, shall assign to, each subordinate police officer, or each subordinate designated as primarily a police officer under sub. (2e) (b), in the service of such city 2 full rest days of 24 consecutive hours each during each 192 hours, except in cases of positive necessity by some sudden and serious emergency, which, in the judgment of the chief of police, the fire chief, or the chief of the combined protective services department, demands that any such day of rest not be given at such time. Arrangements shall be made so that each full rest day may be had at such time or times as will not impair the efficiency of the department. This section shall not apply to villages to which s is applicable. (7n) HOURS OF LABOR. Except when a labor agreement under subch. IV of ch. 111 that governs hours of employment exists, the council of every 2nd, 3rd or 4th class city shall provide for a working day of not more than 8 hours in each 24 except in cases of positive necessity by some sudden and serious emergency, which, in the judgment of the chief of police, the fire chief, or the chief of the combined protective services department, demands that such workday shall be extended beyond the 8 hour period at such time; and, when such emergency ceases to exist, all overtime given during such emergency shall be placed to the credit of such subordinate police officer, or each subordinate designated as primarily a police officer under sub. (2e) (b), and compensatory time under s given therefor. (8) FIRE DEPARTMENT. (a) The council may provide by ordinance for either a paid or a volunteer fire department and for the management and equipment of either insofar as not otherwise provided for by law. In the case where a combination of paid and volunteer fire department is provided for, such city shall be reimbursed by the department of transportation, not to exceed $500 for any fire calls on a state trunk highway or on any highway that is a part of the national system of interstate highways and is maintained by the department of transportation if the city submits written proof that the city has made a reasonable effort to collect the cost from the insurer of the person to whom the fire call was provided or from the person to whom the fire call was provided, except that the city may attempt to collect the cost from the person only if the city is unsuccessful in its efforts to collect from the person s insurer or if the person has no insurer. If the city collects the cost from an insurer or such person after the department reimburses the city, the city shall return the amount collected to the department. (b) A city may enter into a contract for fire protective services with a village, a town, or another city. A city that contracts for fire protective services shall pay the full cost of services provided. A city that contracts for all of its fire protective services under this paragraph and for all of its police protective services under sub. (2g) is not required to have a board of police and fire commissioners. A city that contracts for all of its fire protective services under this paragraph, but not for all of its police protective services under sub. (2g), shall have a board of police and fire commissioners under this section, but the board may address only issues related to the police department. (10m) RULES GOVERNING LEAVING CITY. Subject to approval of the common council the fire chief, police chief, or the chief of the combined protective services department, may establish rules requiring subordinate fire fighters, or each subordinate designated CITIES as primarily a fire fighter under sub. (2e) (b), to obtain permission before leaving the city. (11) FIRE FIGHTERS, REST DAY. The common council of every 4th class city, having a population of 5,000 or more and a fire department, or a combined protective services department, shall provide for, and the chief of the fire department, police department, or combined protective services department shall assign to each full paid subordinate member of the fire department or subordinate designated as primarily a fire fighter under sub. (2e) (b), a period of 24 consecutive hours off duty during each 72 hours, except in cases of positive necessity by some sudden and serious fire, accident or other peril, which, in the judgment of the chief engineer or other officer in charge demands that the day of rest not be given at that time. The provisions of this section shall not apply to cities having a 2 platoon or double shift system. The provisions of this subsection apply to a person designated as primarily a fire fighter who is employed by a police department, as described in sub. (2e). (11a) FIRE DEPARTMENT PLATOONS. (a) The common council, or other governing body of every city of the first, second and third class, whether organized under a general or special charter, having a paid fire department, shall provide for, and the governing power of the fire department shall divide the full paid fire fighting force in the fire department into 2 or more bodies or platoons. Each platoon shall work, or be on duty, alternately an equal number of hours or as nearly so as the governing power of the fire department of each such city decides, but no member of said platoon shall be on duty for a longer continuous period of time than the governing power of the fire department designates, except in cases of positive necessity by some sudden and serious fire, accident, or other peril, which in the judgment of the chief engineer or other officer in charge demands. (b) The hours of duty of each member of the fire fighting force of the fire department in every city of the first class shall be limited to 72 hours in any one week. If any such department shall be on a platoon system of hours of duty, 12 hours may be added to one of 2 successive weeks and such period of time deducted from the previous or succeeding week, as the case may be. (12) LEGISLATIVE INTENT. Section and chapter 589, laws of 1921, chapter 423, laws of 1923, and chapter 586, laws of 1911, shall be construed as an enactment of statewide concern for the purpose of providing a uniform regulation of police, fire, and combined protective services departments. History: 1971 c. 41 s. 12; 1971 c. 213 s. 5; 1975 c. 94 ss. 26, 91 (5); 1975 c. 199; 1977 c. 20; 1977 c. 29 s (8) (c); 1977 c. 151, 182, 196; 1981 c. 171, 380; 1981 c. 390 s. 252; 1981 c. 391 s. 211; 1985 a. 135 s. 83 (3), (5); 1985 a. 166; 1987 a. 27; 1989 a. 31, 192; 1991 a. 32, 101, 189; 1993 a. 16, 53, 144, 213; 1995 a. 225, 270; 1999 a. 182; 2003 a. 205; 2005 a. 40; 2009 a. 173; 2011 a. 32, 75; 2013 a. 20; 2015 a An amnesty agreement by a city not to prosecute a firefighter for striking, made as part of the settlement of the strike, does not bar a complaint by a citizen alleging a violation because of the strike. Durkin v. Madison Board of Police & Fire Commissioners, 48 Wis. 2d 112, 180 N.W.2d 1 (1971). A written charge of conduct unbecoming an officer filed by the chief was sufficiently specific when the officer did not object at the hearing. That one member of the board prejudged the case was immaterial when the decision was unanimous. State ex rel. Richey v. Neenah Police & Fire Commission, 48 Wis. 2d 575, 180 N.W.2d 743 (1970). In 2nd and 3rd class cities, monthly compensation for purposes of computing a pension does not include employer contributions to the pension fund and health and life insurance. These items cannot be included by a collective bargaining agreement. State ex rel. Manitowoc v. Police Pension Board, 56 Wis. 2d 602, 203 N.W.2d 74 (1973). Standby time required of municipal police officers by the issuance of a yellow alert under which officers were required to leave their names, phone numbers, and locations with the station house and were forbidden to leave the city without permission, did not constitute work or overtime under sub. (7n), since the officers were not confined at the police station and, although restricted in some senses, were basically free to spend the standby time for their own purposes. Theune v. Sheboygan, 67 Wis. 2d 33, 226 N.W.2d 396 (1975). Legislatively created agencies or boards such as city police and fire commissions have the capacity to sue or be sued if that authority is necessary to carry out an express power or to perform an express duty, or if the action arises out of the performance of statutory powers or obligations. Racine Fire and Police Commission v. Stanfield, 70 Wis. 2d 395, 234 N.W.2d 307 (1975). Review of determinations of fire and police commissions may be had only by writ of certiorari or by the appeal procedure provided by the legislature since the procedure under sub. (5) (i) is exclusive and conclusive. A party failing to commence cer Wisconsin Statutes updated through 2015 Wis. Act 356 and all Supreme Court Orders entered before April 14, Published and certified under s Changes effective after April 14, 2016 are designated by NOTES. (Published )

34 Updated Wis. Stats. Published and certified under s April 14, CITIES tiorari proceeding within 6 months of a decision is guilty of laches. State ex rel. Enk v. Mentkowski, 76 Wis. 2d 565, 252 N.W.2d 28 (1977). A labor contract under s may limit the scope of the police chief s discretion under s (4) (a). Glendale Professional Policemen s Association v. Glendale, 83 Wis. 2d 90, 264 N.W.2d 594 (1978). By imposing an arbitrary and capricious penalty, a board exceeded its jurisdiction. State ex rel. Smits v. City of De Pere, 104 Wis. 2d 26, 310 N.W.2d 607 (1981). A probationary officer had neither a constitutional nor a statutory right to a statement of specifications and a hearing on a city s decision not to retain him. Kaiser v. Wauwatosa Board of Police & Fire Commissioners, 104 Wis. 2d 498, 311 N.W.2d 646 (1981). Service under sub. (5) (i) must be personal. Gibson v. Racine Police & Fire Commission, 123 Wis. 2d 150, 366 N.W.2d 144 (Ct. App. 1985). Because s protects police officers against wrongful discipline or discharge, a police officer cannot state a cause of action by invoking the public policy exception to the employment at will doctrine. Larson v. City of Tomah, 193 Wis. 2d 225, 532 N.W.2d 726 (1995). A collective bargaining agreement cannot provide for the right to seek arbitration of a discipline decision rather than to seek a hearing before the police and fire commission under this section. City of Janesville v. WERC, 193 Wis. 2d 492, 535 N.W.2d 34 (Ct. App. 1995). Suppression of evidence is not required when a law enforcement officer obtains evidence outside of his or her jurisdiction. Any jurisdictional transgression violates the appropriate jurisdiction s authority not the defendant s rights. State v. Mieritz, 193 Wis. 2d 571, 534 N.W.2d 632 (Ct. App. 1995). Service of a notice of appeal under sub. (5) (i) is sufficient when served on the secretary of the police and fire commission. There is no requirement that the notice must first be filed with the court. Truttschel v. Martin, 208 Wis. 2d 361, 560 N.W.2d 315 (Ct. App. 1997), Sub. (5) (i) deprives the court of appeals jurisdiction to review orders issued by a circuit court under sub. (5) (i). Younglove v. City of Oak Creek, 219 Wis. 2d 133, 579 N.W.2d 294 (Ct. App. 1998), It is unconstitutional to condition continued public employment upon a waiver of the privilege against self incrimination. An employee may be required to answer questions in a disciplinary hearing when granted immunity from criminal prosecution. There is no immunity for uncoerced false statements made during a disciplinary investigation. There also is no requirement for Miranda like warnings, which in their absence would require the suppression of all statements made in the disciplinary proceedings. Herek v. Police & Fire Commission of Menomonee Falls, 226 Wis. 2d 504, 595 N.W.2d 113 (Ct. App. 1999), A police officer promoted to sergeant, subject to a one year period of probation, could not be demoted without a just cause hearing under sub. (5) (em). An original appointment is on a probationary basis under s (4) (b). Once that period has passed, no promotion can be taken away without a hearing under sub. (5) (em). Antisdel v. City of Oak Creek Police and Fire Commission, 2000 WI 35, 234 Wis. 2d 154, 609 N.W.2d 464, The court properly determined whether salaries had been decreased under sub. (7) by comparing the plaintiff police officer s total cash receipts for each year at issue with his total cash receipts for the immediately preceding year. Gold v. City of Adams, 2002 WI App 45, 251 Wis. 2d 312, 641 N.W.2d 446, The department of workforce development has statutory authority to receive and investigate a firefighter s employment discrimination claim under s that is tied directly to the charges sustained and disciplinary sanctions imposed by a police and fire commission under this section, to which claim preclusion is no bar. City of Madison v. DWD, 2002 WI App 199, 257 Wis. 2d 348, 651 N.W.2d 292, There are two ways to appeal PFC decisions: 1) under sub. (5) (i) where the court determines, on the evidence in the administrative record, if there is just cause to sustain the charges against the accused, and 2) by certiorari action, by which legal defects in the administrative record for which there is no statutory judicial review under sub. (5) (i) may be reviewed. An accused may file both and the trial court may address them in any order it deems prudent. State ex rel. Heil v. Green Bay Police and Fire Commission, 2002 WI App 228, 256 Wis. 2d 1008, 652 N.W.2d 118, Having a common council liaison to the PFC was not a reasonable local adaptation of the statute. The liaison effectively was a representative of one of the parties yet sat with the PFC at hearings and, although nonvoting, participated in deliberations, tainting the appearance of PFC independence and rendering the PFC s decision void. State ex rel. Heil v. Green Bay Police and Fire Commission, 2002 WI App 228, 256 Wis. 2d 1008, 652 N.W.2d 118, Sub. (4) (a) and (c) grant police chiefs and PFCs the authority to promote subordinates, subject to a reasonable probationary period. Sub. (5) (em) requires just cause to act only in disciplinary actions. A promoted officer who does not successfully complete the probationary period may be returned to a former rank without either a sub. (5) (em) or due process hearing as the demotion is not discipline. Kraus v. City of Waukesha, 2003 WI 51, 261 Wis. 2d 485, 662 N.W.2d 294, Fire chiefs, police chiefs, and PFCs are exclusively empowered to make, and are responsible for, appointment and promotion decisions in their respective departments. An arbitrator may not overrule decisions that are specifically entrusted to the chiefs and the PFC. Nothing in s requires such an interpretation of s City of Madison v. WERC, 2003 WI 52, 261 Wis. 2d 423, 662 N.W.2d 318, A PFC has authority under sub. (5) (g) to adopt a rule permitting a hearing examiner to conduct initial and evidentiary hearings and to make reports to the PFC on the examiner s recommendations when the rule ensures that the ultimate decision making authority remains with the PFC. Conway v. Board of the Police and Fire Commissioners of the City of Madison, 2003 WI 53, 262 Wis. 2d 1, 662 N.W.2d 335, The PFC has exclusive statutory authority under s (5) to review disciplinary actions against firefighters. Any claim that a disciplinary termination is discriminatory under ch. 111 must be raised before the PFC. DWD may not take jurisdiction over a ch. 111 complaint arising out of a decision of a PFC to terminate a firefighter. City of Madison v. DWD, 2003 WI 76, 262 Wis. 2d 652, 664 N.W.2d 584, Updated Wis. Stats. 12 Sub. (4) (a), providing appointments are to be made by promotion within the ranks when qualified insiders exist, neither specifies the promotion process nor restricts a chief s discretion in any way, other than making a chief s selection subject to departmental approval. If promotion from within the department cannot be done with advantage the alternative appointment process involving an eligible list comes into play, but those provisions are not triggered when a chief has appointed a subordinate who can be promoted with advantage. Baures v. North Shore Fire Department, 2003 WI App 103, 264 Wis. 2d 815, 664 N.W.2d 113, Sub. (5) (i) is not the exclusive remedy for a claim that the rules a subordinate was found to have violated were unconstitutionally vague and overbroad. Constitutional issues of vagueness or overbreadth may be considered under certiorari because they concern whether the PFC board kept within its jurisdiction and proceeded on a correct theory of the law. Gentilli v. Board of the Police and Fire Commissioners of the City of Madison, 2004 WI 60, 272 Wis. 2d 1, 680 N.W.2d 335, A citizenship requirement for peace officers is constitutional. 68 Atty. Gen. 61. A mayor in a city with a police and fire commission does not have the authority to order a police chief to reinstate a discharged probationary police officer. 81 Atty. Gen. 1. A firefighter s dismissal violated due process. Schulz v. Baumgart, 738 F.2d 231 (1984). Sub. (5) confers a property interest in employment protected by the 14th amendment to the U.S. Constitution on police officers and fire fighters. Dixon v. City of New Richmond, 334 F.3d 691 (2003). There was no suspension under this section when police chief carried out an agreement that a part time officer, normally assigned work on an as needed basis, would not be assigned shifts pending the completion of disciplinary proceedings against the officer in another jurisdiction where he was also employed as a police officer. Dixon v. City of New Richmond, 334 F.3d 691 (2003). Police accountability in Wisconsin WLR Wisconsin Statutes updated through 2015 Wis. Act 356 and all Supreme Court Orders entered before April 14, Published and certified under s Changes effective after April 14, 2016 are designated by NOTES. (Published )

35 Updated Wis. Stats. Published and certified under s October 7, VILLAGES s may cease to be subject to that section by the adoption of a resolution and its approval in the same manner as the village became subject to that section. History: 2003 a. 214 s NOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes Ordinances; contracts; other instruments; how executed. (1) PUBLICATION OF NOTICE OF ORDINANCES. Every contract, conveyance, commission, license or other written instrument shall be executed on the part of the village by the president and clerk, unless otherwise provided by resolution or ordinance, sealed with corporate seal, and in pursuance only of authority therefor from the village board. All ordinances and bylaws shall be signed by the president and countersigned by the clerk; and, if any penalty or forfeiture is thereby imposed, the ordinance or bylaw shall be published either in its entirety, as a class 1 notice, under ch. 985, or as a notice, as described under sub. (3) (b), and shall take effect on the day after the publication or a later date if expressly prescribed. If there is no newspaper published in the village, the village board may in lieu of newspaper publication have copies of the ordinances and bylaws posted in at least 3 public places in said village, and proof thereof filed and recorded by the village clerk, and the same shall take effect the day after the proof of posting has been filed and recorded, or at a later date if expressly provided in the ordinance or bylaw. (1m) INDETERMINATE PUBLICATION. When any village ordinance is required by law to be published without express designation therein as to class of notice, the ordinance shall be published either in its entirety, as a class 1 notice under ch. 985, or as a notice, as described under sub. (3) (b). (2) ENTITLING OF ORDINANCE. All ordinances shall be suitably entitled and in this style: The village board of... do ordain as follows. All authorized ordinances and bylaws shall have the force of law and remain in force until repealed. (3) REQUIREMENTS FOR NOTICE. (a) In this subsection, summary has the meaning given in s (1m) (a). (b) A notice of an ordinance or bylaw that may be published under this subsection shall be published as a class 1 notice under ch. 985 and shall contain at least all of the following: 1. The number and title of the ordinance or bylaw. 2. The date of enactment. 3. A summary of the subject matter and main points of the ordinance or bylaw. 4. Information as to where the full text of the ordinance or bylaw may be obtained, including the phone number of the village clerk, a street address where the full text of the ordinance or bylaw may be viewed, and a Web site, if any, at which the ordinance or bylaw may be accessed. History: 2007 a. 72; 2009 a Auditing accounts. (1) No account or demand against the village shall be paid until it has been audited and allowed and an order drawn on the treasurer therefor. Every such account shall be made out in items. After auditing, which, at the option of the board, may be done by the village manager or such other officer as may be designated, the board shall cause to be endorsed by the clerk, over the clerk s hand on each account, the words allowed or disallowed, as the fact is, adding the amount allowed, if any, and specifying the items or parts of items disallowed, if disallowed in part only. The minutes of the proceedings of the board, or a statement attached thereto, shall show to whom and for what purpose every such account was allowed and the amount. Every such account or demand allowed in whole or in part shall be filed by the clerk, and those of each year consecutively numbered, and have endorsed the number of the order on the treasurer issued in payment, and the clerk shall take a receipt thereon for such order. Updated Wis. Stats. 8 (2) Payment of regular wages or salaries may be by payroll, verified by the proper official, and filed in time for payment on the regular pay day and such payments heretofore made are validated. (3) The fiscal year in each village shall be the calendar year. (4) Section shall be applicable to villages. History: 1977 c. 285 s. 12; 1979 c. 323 s. 33; 1991 a Cross reference: See s for an alternative system of approving claims Public works. All contracts for public construction shall be let by a village board in accordance with s The village board, or a person or body designated by the village board, shall exercise the powers and duties of the board of public works under s Section applies to a village in the same manner as to a city. History: 2009 a. 173; 2011 a. 32. Municipal competitive bidding statutes do not apply to projects undertaken by intergovernmental agreement or when the municipalities that will perform the work have made a determination under s (1) to do the work themselves with their own employees. OAG Acquisition of recycling or resource recovery facilities without bids. A village may contract for the acquisition of any element of a recycling or resource recovery facility without submitting the contract for bids as required under s if the village invites developers to submit proposals to provide a completed project and evaluates proposals according to site, cost, design and the developers experience in other similar projects. History: 1983 a. 425; 2009 a Village orders; borrowing money. No village or any officer thereof shall have power to issue any time or negotiable order, or borrow money, except in the manner and for the purposes expressly declared by statute Ambulance service. The village board may purchase, equip, operate and maintain ambulances and contract for ambulance service with one or more providers for conveyance of the sick or injured. The village board may determine and charge a reasonable fee for ambulance service provided under this section. History: 1991 a Police and fire departments; pension funds. (1) (a) Except as provided under s , each village with a population of 5,000 or more shall, and each village with a population of under 5,000 may, provide police protection services by one of the following methods: 1. Creating its own police department. 2. Contracting for police protective services with a city or town, with another village, or with a county. A village that contracts for police protective services shall pay the full cost of services provided. A village may not contract with a county to provide all of the village s police protective services under this subdivision. 3. Creating a joint police department with a city or town or with another village. 4. Abolishing its police department and entering into a contract with a county under s (2) (e) for the county sheriff to provide law enforcement services in all parts of the village. If the village is located in more than one county, it may not abolish its police department under this subdivision unless the village enters into a contract under this subdivision with the county in which the greatest amount of the village s equalized value, population, or territory is located. If a village wishes to abolish its police department under this subdivision, it shall act under s (2s), and s (2s), as it applies to cities, applies to villages. (am) If a village establishes a police department and does not create a board of police commissioners singly or in combination with another municipality, or if a village board establishes a combined protective services department under s and does not create a board of police and fire commissioners, the village may not suspend, reduce, suspend and reduce, or remove any police Wisconsin Statutes updated through 2015 Wis. Act 392 and all Supreme Court Orders effective before October 7, Published and certified under s Changes effective after October 7, 2016 are designated by NOTES. (Published )

36 Updated Wis. Stats. Published and certified under s October 7, Updated Wis. Stats. chief, chief of a combined protective services department, or other law enforcement officer who is not probationary, and for whom there is no valid and enforceable contract of employment or collective bargaining agreement which provides for a fair review prior to that suspension, reduction, suspension and reduction or removal, unless the village does one of the following: 1. Establishes a committee of not less than 3 members, none of whom may be an elected or appointed official of the village or be employed by the village. The committee shall act under s (5) in place of a board of police and fire commissioners. The village board may provide for some payment to each member for the member s cost of serving on the committee at a rate established by the village board. 2. Appoint a person who is not an elected or appointed official of the village and who is not employed by the village. The person shall act under s (5) in place of a board of police and fire commissioners. The village board may provide for some payment to that person for serving under this subdivision at a rate established by the village board. (b) 1. a. Each village with a population of 5,000 or more but less than 5,500 that creates its own police department may create or designate a committee of the board of trustees to perform any duty conferred by the board relating to police protective services, or may create a board of police commissioners to govern the department. b. Each village with a population of 5,000 or more that creates a joint police department with another municipality shall create a joint board of police commissioners with that municipality to govern the joint department. 2. Each village with a population of 5,500 or more that creates its own police department shall create a board of police commissioners to govern the department. (2) (a) Except as provided under s , each village with a population of 5,500 or more shall provide fire protection services by one of the following methods: 1. Creating its own fire department. 2. Contracting for fire protection services with a city or town or with another village. A village that contracts for fire protection services shall pay the full cost of services provided. 3. Creating a joint fire department with a city or town or with another village. 4. Utilizing a fire company organized under ch. 213, except that this subdivision does not apply in a village that provides fire protection services under subd. 1. on December 9, (b) 1. Each village with a population of 5,500 or more that creates its own fire department shall create a board of fire commissioners to govern the department. 2. Each village with a population of 5,500 or more that creates a joint fire department with another municipality shall create a joint board of fire commissioners with that municipality to govern the joint department. (3g) (a) Any village with its own board of police commissioners and its own board of fire commissioners may consolidate the boards into one board of police and fire commissioners. (b) Municipalities with a joint protective services department shall create a joint board of commissioners to govern that department. If a village operates both of its protective services departments jointly with one municipality, the village and the other municipality may create a joint board of police and fire commissioners to govern each department. The municipalities may jointly determine the apportionment between the municipalities of costs relating to the joint department or departments and the joint board. (c) Any village that has created one separate protective services department and one joint protective services department may authorize the joint board governing the joint department also to govern the separate protective services department, subject to the approval of the joint board. A village that receives the VILLAGES approval of the joint board is not required to create or maintain a separate board of commissioners to govern the separate protective services department. (d) 1. a. A board created under this section shall be organized in the same manner as boards of police and fire commissioners under s (1). b. Municipalities creating a joint board under this section may jointly determine the number of commissioners to be appointed to the joint board by each municipality and the length of the commissioner s term. A majority of the commissioners is a quorum. The provisions of s pertaining to the appointment of commissioners and records of proceedings apply to the joint board. 2. Any board or joint board created under this section is subject to the provisions of s (2) to (12) pertaining to a board of police and fire commissioners or to appointments, promotions, suspensions, removals, dismissals, reemployment, compensation, rest days, exemptions, organization and supervision of departments, contracts and audits, to the extent that the provisions apply to 2nd or 3rd class cities. Optional powers of a joint board, listed in s (6), apply only if the electors in each municipality approve these powers by referendum. In applying s , the village president has the powers and duties specified for a city mayor; the village clerk has the powers and duties specified for a comptroller; the village board has the powers and duties specified for a common council; and the village has the powers and duties specified for a city. In applying s to a town that creates a joint board or joint department with a village, the town chairperson has the powers and duties specified for a city mayor; the town clerk has the powers and duties specified for a comptroller; the town board of supervisors has the powers and duties specified for a common council; and the town has the powers and duties specified for a city. 3. Appointments to a board or joint board are not subject to confirmation by a village board of trustees unless required by ordinance. (3r) Each village with a population of 5,500 or more is subject to s (4). (4) Persons who are members of the police departments in villages of 5,000 or more, and members of fire departments in villages of 5,500 or more, according to the last federal census, shall automatically and without examination, become members of the police and fire departments of such villages under this section. (5) The provisions of this section shall be construed as an enactment of statewide concern for the purpose of providing a uniform regulation of police and fire departments. (8) Any village having a volunteer fire department shall be reimbursed by the department of transportation not to exceed $500 for any fire call on a state trunk highway or any highway that is a part of the national system of interstate highways maintained by the department of transportation if the village submits written proof that the village has made a reasonable effort to collect the cost from the insurer of the person to whom the fire call was provided or from the person to whom the fire call was provided, except that the village may attempt to collect the cost from the person only if the village is unsuccessful in its efforts to collect from the person s insurer or if the person has no insurer. If the village collects the cost from an insurer or such person after the department reimburses the village, the village shall return the amount collected to the department. History: 1975 c. 94 s. 91 (5); 1975 c. 199; 1977 c. 29 s (8) (d); 1977 c. 182; 1979 c. 256; 1981 c. 96 s. 67; 1981 c. 171; 1985 a. 166; 1987 a. 27, 399; 1993 a. 16, 77, 213; 2003 a. 205; 2005 a. 40; 2009 a. 173; 2011 a. 32. Sub. (1) (am) applies to all villages, including those with populations of less than 5,000. Rychnovsky v. Village of Fall River, 146 Wis. 2d 417, 431 N.W.2d 681 (Ct. App. 1988) Combined protective services. (1) Notwithstanding s (1) (a), (2) (a) and (3g) (d) 2., any village may provide police and fire protection services by any of the following: (a) A combined protective services department which is neither a police department under s (1) (a) nor a fire depart Wisconsin Statutes updated through 2015 Wis. Act 392 and all Supreme Court Orders effective before October 7, Published and certified under s Changes effective after October 7, 2016 are designated by NOTES. (Published )

37 APPENDIX A Chapter LES 2 RECRUITMENT QUALIFICATIONS LES 2.01 Minimum qualifications for recruitment. LES 2.02 Pre employment drug testing. LES 2.01 Minimum qualifications for recruitment. (1) Before an individual may commence employment on a probationary, temporary, part time or full time basis as a law enforcement, tribal law enforcement, jail or secure detention officer, that individual must have met recruit qualifications established by the board. The minimum qualifications for recruitment shall be: (a) The applicant shall possess a valid Wisconsin driver s license or such other valid operator s permit recognized by the Wisconsin department of transportation as authorizing operation of a motor vehicle in Wisconsin prior to completion of the preparatory training course. The results of a check of the issuing agency s motor vehicle files shall constitute evidence of driver s status. (b) The applicant shall have attained a minimum age of 18 years. A birth or naturalization certificate shall serve as evidence of applicant s date of birth. (c) The applicant shall not have been convicted of any federal felony or of any offense which if committed in Wisconsin could be punished as a felony unless the applicant has been granted an absolute and unconditional pardon. (d) The applicant shall possess a Wisconsin high school diploma or a diploma issued by an out of state high school accredited by an appropriate agency of the state or shall have passed the general education development diploma test or any other test recommended by the Wisconsin department of public instruction as indicating high school diploma level. (e) An applicant for employment as a law enforcement or tribal law enforcement officer shall possess either a 2 year associate degree from a Wisconsin technical college system district or its accredited equivalent from another state or a minimum of 60 fully accredited college level credits. An applicant who has not met this standard at the time of employment shall meet this standard as a requirement of recertification by the board at the end of his or her fifth year of employment as a law enforcement or tribal law enforcement officer. At the request of an applicant and upon documentation of experiences that have enhanced his or her writing, problem solving and other communication skills, the board may waive a maximum of 30 college level credits. This educational standard shall apply to applicants first employed as law enforcement or tribal law enforcement officers on or after February 1, (f) The applicant shall be of good character as determined from a written report containing the results of the following: 1. The fingerprinting of the applicant and with a search of local, state and national fingerprint records. 2. A background investigation conducted by or on behalf of an employer. The employer shall certify in a document subscribed and sworn to by the affiant that a reasonably appropriate background investigation has been conducted, what persons or agency conducted the investigation and where written results of the investigation are maintained on file. 3. Such other investigation as may be deemed necessary to provide a basis of judgment on the applicant s loyalty to the United States or to detect conditions which adversely affect performance of one s duty as a law enforcement, tribal law enforcement, jail or secure detention officer. (g) The applicant shall be free from any physical, emotional or mental condition which might adversely affect performance of duties as a law enforcement, tribal law enforcement, jail or secure detention officer. 1. The applicant shall complete a personal medical history, a copy of which is to be submitted to the examining physician. 2. The examination shall be by a Wisconsin licensed physician who shall provide a written report on the results of the examination. (h) The applicant shall submit to and complete with satisfactory results, an oral interview to be conducted by the employing authority or its representative or representatives. Satisfactory results shall be determined from the contents of a written rating by the interviewer expressing an opinion concerning the applicant s appearance, personality, and ability to communicate as observed during the interview. (2) The employing authority shall supply the training and standards bureau with copies of the documentation and reports concerning the above listed qualifications. Personal history, rating and report forms currently used by the employing authority are acceptable for this purpose. If such forms are not available, the bureau will supply forms for this purpose upon request. (3) If the applicant is employed on a probationary or temporary basis, the bureau shall be immediately informed. The bureau shall maintain a permanent file on each applicant. (4) The foregoing are minimum qualifications. Higher qualifications are strongly recommended where the employing authority is in a position to require them. History: Cr. Register, September, 1970, No. 177, eff ; am. (1) (c), Register, April, 1973, No. 208, eff ; am. (f) 1. f., Register, January, 1974, No. 217, eff ; am. (1) (intro. par.) and (1) (b), Register, October, 1974, No. 226, eff ; am. (1) (d), Register, January, 1975, No. 229, eff ; r. (1) (a), Register, April, 1975, No. 232, eff ; am. (1) (intro.), renum. (1) (b) to (h) to be (1) (a) to (g) and am. (1) (a), (b), (d) to (g), Register, October, 1984, No. 346, eff ; correction in (1) (f) made under s (2m) (b) 5., Stats., Register, October, 1984, No. 346; renum. (1) (e) to (g) to be (1) (f) to (h), cr. (1) (e), Register, January, 1993, No. 445, eff ; am. (1) (d), Register, August, 1993, No. 452, eff ; am. (1) (intro.), (e) and (g) (intro.); r. and recr. (1) (f); Register, November, 1997, No. 503, eff LES 2.02 Pre employment drug testing. (1) TESTING REQUIREMENT. (a) The applicant shall submit to a drug test for the presence of the following controlled substances or classes of controlled substances or their metabolites: 1. Amphetamines 2. Cannabis or cannabinoids 3. Opiates 4. Cocaine 5. Phencyclidine (PCP) (b) The drug test shall be accomplished through analysis of a urine specimen from the applicant. Other specimens of blood, breath, saliva or hair may be used when minimum standards equivalent with those for urine specimens have been established by the United States department of health and human services, substance abuse and mental health services administration. The specimen collected may only be used for either of the following: Published under s , Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published. Report errors (608) Register August 2001 No. 548

38 Published under s , Wis. Stats., by the Legislative Reference Bureau. WISCONSIN ADMINISTRATIVE CODE 1. Test required under par. (a). 2. Tests for other controlled substances as determined by the prospective employing agency. (c) The costs of the urine sample collection and analysis shall be borne by the prospective employing agency. (2) NOTICE OF TESTING REQUIREMENT. Notice of the date, time, and place of the drug test sample collection shall be given to the applicant no more than 3 days prior to the date of the scheduled collection. The notice shall inform the applicant that appearance for the drug test specimen collection at the stated date, time, and place is mandatory and that failure to appear without just cause to the satisfaction of the prospective employing agency or refusal to provide the specimen shall result in denial of certification by the board. The notice shall inform the applicant that a positive test result for which the applicant cannot provide a legitimate explanation to the satisfaction of the board shall result in the applicant being denied employment and being denied certification by the board. The notice shall state that the test results may be disclosed only: (a) To the board. (b) To the prospective employing agency or any other prospective employing agency. (c) To the applicant or applicant s designee. (d) To the prospective employer s designee or the board s designee, if disclosed for a purpose related to or in conjunction with an applicant s challenge to a positive test result, or an administrative action, court proceeding, or other proceeding in which the applicant challenges a denial of employment or certification. (e) By lawful order of a court. (f) As otherwise required by law. (3) SPECIMEN COLLECTION. The urine specimen shall be collected at a collection site designated by the approved laboratory specified by the prospective employing agency for the drug testing. (a) The applicant providing the specimen shall be positively identified by the collection site person by use of a valid photo driver s license, valid passport, or valid military identification card. If proper identification is not available, the specimen shall not be collected without contacting the prospective employing agency to make other arrangements for positive identification. (b) The specimen shall be obtained from the applicant in a manner that complies with laboratory and collection site specifications adopted by the board and published in the policy and procedures manual of the board. (4) CONSEQUENCES OF POSITIVE TEST RESULT, FAILURE TO APPEAR OR REFUSAL. A positive test result for which the applicant cannot provide an explanation to the satisfaction of the board, refusal to provide the urine specimen for the drug test, or failure to appear to provide the urine specimen at the scheduled date, time, and place without just cause to the satisfaction of the prospective employing agency shall result in the applicant being denied certification by the board. (5) TESTING PROCEDURE. The drug test required by sub. (1) shall be performed by an approved laboratory chosen by the prospective employing agency. Specifications for approved laboratories shall be published in the policy and procedures manual of the board. (a) Tests to be performed. The testing procedure shall consist of: 1. An initial screening test 2. A confirmatory test when there is a positive initial test result. (b) Controlled substances. The initial screening test shall be done for the presence of amphetamines, cannabis or cannabinoids, opiates, cocaine and phencyclidine (PCP) or their metabolites in tested urine in levels at or above threshold detection levels established by the United States Department of Health and Human Services, Substance Abuse and Mental Health Services Administration. (c) Confirmation tests. The confirmation test shall be done for the presence of amphetamines, cannabis or cannabinoids (Delta 9 tetrahydrocannabinol 9 carboxylic acid), opiates (morphine, codeine), cocaine (Benz oylecgonine) and phencyclidine (PCP) in tested urine in levels at or above threshold detection levels established by the United States department of health and human services, substance abuse and mental health services administration. Each applicant who receives a positive confirmation test shall be allowed to submit information in explanation of test results. (6) NOTICE OF TEST RESULTS; APPLICANT RIGHTS. The testing laboratory shall forward any positive test results to the board as well as to the prospective employing agency. (a) Within 10 working days after receipt of the test result report from the testing laboratory, the prospective employing agency shall inform the applicant in writing of a positive test result. (b) If an applicant wishes to challenge a positive test result, the applicant shall, within 5 working days after receiving notice of a positive test result, submit in writing to the prospective employing agency and to the board information that the applicant believes provides a legitimate explanation for the positive test result. The applicant shall provide to the board written waivers of confidentiality for information the board believes is necessary for it to determine if there is a legitimate explanation for the positive test result. (c) 1. Within 20 working days after receipt of the information in par. (b), the board shall determine if there is an acceptable legitimate explanation for the applicant s positive test result. 2. The applicant, at the applicant s expense, may select from a list of physicians approved by the board, a physician who is not the applicant s personal physician, to review the test documentation and applicant s explanatory information. The physician shall provide a written report to the board rendering an opinion and supporting rationale as to whether or not there is a legitimate explanation for the positive test result. The board shall consider this report in making its final determination. 3. The applicant shall cooperate in any investigation by the board or the selected physician needed to reach their respective determinations. Failure to cooperate shall be deemed a withdrawal of the applicant s challenge to the positive test result. 4. The board shall immediately forward a written report of its findings and determination to the applicant and to the prospective employing agency. 5. The board shall approve a list of physicians qualified and acceptable to review drug analysis results. The list shall be published in the policy and procedures manual of the board and updated as required. (d) The board may approve alternative procedures by prospective employing agencies to assure applicant rights. (7) DRUG TEST RESULTS; CONFIDENTIALITY. (a) The prospective employing agency shall ensure that only personnel necessary to the employment decision have access to drug test records. (b) All records pertaining to drug tests performed pursuant to sub. (1) shall remain confidential, except that the records may be released to: 1. To the board. 2. To the prospective employing agency or any other prospective employing agency. 3. To the applicant or applicant s designee. 4. To the prospective employing agency s designee, or the board s designee for a purpose related to or in conjunction with an applicant s challenge to a positive test result or an administrative action, court proceeding, or other proceeding in which the applicant challenges a denial of employment or board certification. 5. By lawful order of a court. Register August 2001 No. 548 Published under s , Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published. Report errors (608)

39 Published under s , Wis. Stats., by the Legislative Reference Bureau. LAW ENFORCEMENT STANDARDS BOARD 6. As otherwise required by law. (c) An applicant may provide written permission for any other release of records pertaining to the drug tests. (d) The prospective employing agency shall provide copies of all necessary documentation and reports under this section to the board. History: Cr. Register, August, 1993, No. 452, eff Published under s , Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published. Report errors (608) Register August 2001 No. 548

40 Wisconsin Law Enforcement Standards Board Policy & Procedures Manual Revised and Approved by the LESB: April 1, 2016

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