This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
Analysis by the Legislative Reference Bureau
This bill makes a number of changes that affect the board of fire and police
commissioners of a first class city (presently only Milwaukee), the board of police and
fire commissioners of a second class city with a population of 200,000 or more
(presently only Madison) (jointly referred to as affected PFC boards), and the
protective services departments of first class cities and second class cities with a
population of 200,000 or more (jointly, populous cities). The changes include altering
the makeup of affected PFC boards, requiring certain training for affected PFC board
members, establishing certain requirements related to hiring and oversight of chiefs
of protective services departments in populous cities, creating an executive director

or independent monitor position in populous cities, and altering the judicial review
process for police and fire department disciplinary cases in a first class city.
Under current law, the board of fire and police commissioners of a first class city
consists of seven or nine members selected by the mayor. Boards of police and fire
commissioners of other cities, including a second class city, consist of five members
selected by the mayor. Under this bill, a board of fire and police commissioners of a
first class city consists of nine members selected by the mayor, and confirmed by the
common council. The board of a police and fire commission of a second class city with
a population of 200,000 or more consists of seven members selected by the mayor.
Each of these boards must contain at least one member selected from a list provided
by each of 1) the employee association that represents nonsupervisory law
enforcement officers and 2) the employee association that represents fire fighters.
This bill provides a method for selecting members of affected PFC boards when
the mayor fails to make an appointment to a vacant position. If the mayor fails to
make an appointment within 120 days of the occurrence of a vacancy, the common
council may make the appointment, except when the vacant position is one that must
be filled from one of the lists described above. In this case, the association that
provided the list may make the appointment without confirmation by the common
council.
In a first class city, a three-member panel of the board of fire and police
commissioners may conduct and decide a trial to evaluate a complaint against a
member of the police or fire department. This bill specifies that when a
three-member panel conducts such a trial, at least one member of the panel must
have professional law enforcement experience if the accused is a police officer, and
at least one such member must have professional fire fighting experience if the
accused is a fire fighter.
The bill also requires each member of an affected PFC board to take a training
class provided by the city in which it operates. The training class must cover the
mission and role of the board, the procedures that apply to disciplinary hearings, the
conduct policies of the police and fire departments, and use of force guidelines of the
police department. A member may not participate in any action of the board until
he or she completes the training class and any other training required by the city.
The bill also creates the office of executive director in a first class city and the
office of independent monitor in a second class city with a population of 200,000 or
more. Despite the different titles, these positions have the same duties and
requirements. This person acts as the principal staff of an affected PFC board,
reviews certain situations or investigations involving the police or fire department,
evaluates police and fire department policies and practices, and issues periodic
reports to the public relating to the status and outcome of complaints that have been
filed. The executive director or independent monitor is appointed by the mayor and
confirmed by the common council and serves a four-year term, at the pleasure of the
board.
This bill also specifies the following related to affected PFC boards:

1. When an affected PFC board appoints a protective services chief, the board
must meet in closed session with representatives of the employee association whose
members will serve under the proposed chief.
2. When an affected PFC board appoints a protective services chief, the board
must hold at least two public meetings to hear comments from residents of the city
and other interested persons.
3. When a member is appointed to an affected PFC board, the common council
must hold two public hearings that include public comment periods with regard to
the appointments.
4. If an affected PFC board accepts an additional application for chief of police
after the application period for accepting these applications has closed, the board
must reopen the application period for an additional seven days.
5. If the common council adopts a resolution by a two-thirds majority to
conduct a performance review of a protective services chief, an affected PFC board
must conduct the review and provide a written report to the common council.
6. A PFC board member may not continue in office after the expiration of his
or her term, unless reappointed and, in a first class city, confirmed.
Currently, if a board of fire and police commissioners of a first class city
discharges, suspends, or reduces in rank an officer or member of the police or fire
department, the disciplined person may appeal that decision to a circuit court. This
bill specifies the scope of review under which a court is to review an appeal of this
sort. Under the bill, a court must review the evidence independently and without
deference to the board's findings; must reverse the board's decision if it finds that
fairness or correctness of the action has been impaired by material or procedural
errors; and must set aside or modify the board's decision if it finds that the board
erroneously interpreted a provision of law, or may remand the case to the board for
further action that is consistent with current law. The bill also requires the court to
reverse the board's decision if it finds that the board's exercise of discretion is outside
of its delegated powers; is inconsistent with a board rule, policy, or practice, unless
the board's deviation is adequately explained; or violates the constitution or the
statutes. The bill also authorizes a court to take additional testimony, depositions,
and interrogatories, and to grant requests for additional discovery.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB117,1 1Section 1. 19.42 (7w) (c) of the statutes is amended to read:
SB117,4,22 19.42 (7w) (c) An appointive office or position of a local governmental unit in
3which an individual serves for a specified term, including a member of a board

1created under s. 60.57, 61.65, 62.13, or 62.50,
except a position limited to the exercise
2of ministerial action or a position filled by an independent contractor.
SB117,2 3Section 2. 60.57 (2) of the statutes is amended to read:
SB117,4,54 60.57 (2) A board created under this section shall be organized in the same
5manner as boards of police and fire commissioners under s. 62.13 (1) (1m) (a) 1.
SB117,3 6Section 3. 61.65 (3g) (d) 1. a. of the statutes is amended to read:
SB117,4,97 61.65 (3g) (d) 1. a. A board created under this section shall be organized in the
8same manner as boards of police and fire commissioners under s. 62.13 (1) (1m) (a)
91
.
SB117,4 10Section 4. 62.13 (1) of the statutes is renumbered 62.13 (1m) (a) 1. and
11amended to read:
SB117,4,1412 62.13 (1m) (a) 1. Except as provided in subd. 2. and subs. (2g), (2m), (2s), and
13(8) (b), each city shall have a board of police and fire commissioners consisting of 5
14citizens, 3 of whom shall constitute a quorum.
SB117,5,2 15(b) The mayor shall annually, between the last Monday of April and the first
16Monday of May, appoint in writing to be filed with the secretary of the board, one
17member of a board under par. (a) for a term of 5 years. For a 2nd class city with a
18population of 200,000 or more in a year in which the terms of 2 members expire, the
19mayor may appoint a 2nd member of a board under par. (a) 2. in the same manner
20for a term of 5 years. Except as provided in par. (a) 2. a., if the mayor of a 2nd class
21city with a population of 200,000 or more fails to make an appointment within 120
22days of a vacancy occurring, the common council may make the appointment.
No
23appointment shall may be made which that will result in more than 3 members of
24the board belonging to the same political party. The common council of a 2nd class

1city with a population of 200,000 or more shall hold 2 public hearings that include
2public comment periods with regard to each appointment to the board.
SB117,5,3 3(c) The A board shall keep a record of its proceedings.
SB117,5 4Section 5. 62.13 (1b) of the statutes is created to read:
SB117,5,75 62.13 (1b) Definition. In this section, “board” means a board of police and fire
6commissioners under sub. (1m) (a) or a joint board of police and fire commissioners
7under sub. (2) (b) or (2m) (b).
SB117,6 8Section 6. 62.13 (1m) (a) 2. of the statutes is created to read:
SB117,6,49 62.13 (1m) (a) 2. a. Each 2nd class city with a population of 200,000 or more
10shall have a board of police and fire commissioners consisting of 7 members,
11including at least one member selected from a list submitted by the employee
12association that represents nonsupervisory law enforcement officers and at least one
13member selected from a list submitted by the employee association that represents
14fire fighters. Lists of individuals submitted for selection under this subd. 2. a. shall
15contain 5 names. Individuals included in a list submitted under this subd. 2. a. by
16an employee association that represents nonsupervisory law enforcement officers or
17fire fighters shall have professional law enforcement experience or professional fire
18fighting experience, respectively, and shall be at least 5 years removed from service
19as a professional law enforcement officer or fire fighter, respectively. If the mayor
20fails to make an appointment that is required to be selected from a list under this
21subd. 2. a. within 120 days of a vacancy occurring, the association that provided the
22list may make the appointment. Notwithstanding par. (b), the initial term of the
23member selected from a list submitted by the employee association that represents
24nonsupervisory law enforcement officers shall be 2 years and the initial term of the
25member selected from a list submitted by the employee association that represents

1fire fighters shall be 5 years. The members selected from lists submitted by employee
2associations that represent nonsupervisory law enforcement officers and fire
3fighters shall comply with any residency requirements that apply to current
4members of the police or fire department, respectively, of the city.
SB117,6,75 b. A board member of a 2nd class city with a population of 200,000 or more may
6not continue in office after the expiration of his or her term, unless the member is
7reappointed to the board.
SB117,6,88 c. Five members constitute a quorum of a board under this subdivision.
SB117,7 9Section 7. 62.13 (1m) (d) of the statutes is created to read:
SB117,6,1210 62.13 (1m) (d) 1. The city shall provide a training class for members of the
11board. The city may provide this class directly or in another manner, including by
12contracting with another person. The training class shall cover all of the following:
SB117,6,1313 a. The mission and role of the board.
SB117,6,1714 b. The procedures that apply to disciplinary hearings under this section,
15including applicable rules of evidence and applicable provisions of any contract
16between the city and employee associations that represent nonsupervisory law
17enforcement officers or fire fighters.
SB117,6,1818 c. The conduct policies of the police and fire departments.
SB117,6,1919 d. Use of force guidelines of the police department.
SB117,6,2420 2. Not later than the first day of the 7th month beginning after the mayor files
21the appointment of a member of the board with the secretary of the board, the
22member shall enroll in the training class under subd. 1. and, not later than the first
23day of the 13th month beginning after the mayor files the member's appointment
24with the secretary of the board, the member shall complete the class.
SB117,7,3
13. Notwithstanding sub. (5), no member may participate in any board action
2until he or she completes the training class under subd. 1. and any other training
3required by the city.
SB117,7,54 4. This paragraph applies only in a 2nd class city with a population of 200,000
5or more.
SB117,8 6Section 8. 62.13 (1m) (e) of the statutes is created to read:
SB117,7,87 62.13 (1m) (e) All employees of the board of a 2nd class city with a population
8of 200,000 or more shall be nonpartisan.
SB117,9 9Section 9. 62.13 (2) (a) of the statutes is amended to read:
SB117,7,1310 62.13 (2) (a) Except as provided under sub. (6m), subs. (1) (1m) to (6) shall not
11apply to cities of less than 4,000 population except by ordinance adopted by a
12majority of all the members of the council. A repealing ordinance may be adopted
13by a like vote.
SB117,10 14Section 10. 62.13 (3) of the statutes is renumbered 62.13 (3) (a).
SB117,11 15Section 11. 62.13 (3) (b) of the statutes is created to read:
SB117,7,1816 62.13 (3) (b) Before appointing a chief of police, chief of the fire department, or
17chief of a combined protective services department under this subsection, the board
18of a 2nd class city with a population of 200,000 or more shall do all of the following:
SB117,7,2119 1. Meet in closed session under s. 19.85 (1) (c) with representatives of the
20nonsupervisory employee association whose members will serve under the proposed
21chief.
SB117,7,2322 2. Hold at least 2 public meetings to hear comments from residents of the city
23and other interested persons.
SB117,12 24Section 12. 62.13 (3) (c) of the statutes is created to read:
SB117,8,4
162.13 (3) (c) If the board of a 2nd class city with a population of 200,000 or more
2accepts an additional application for chief of police after the application period for
3accepting these applications has closed, the board shall reopen the application period
4for an additional 7 days beginning on the date it accepted the late application.
SB117,13 5Section 13. 62.13 (3) (d) of the statutes is created to read:
SB117,8,106 62.13 (3) (d) 1. If the common council adopts a resolution by a two-thirds vote
7of the members-elect, as defined in s. 59.001 (2m), to conduct a performance review
8of the chief of police, the chief of the fire department, or the chief of a combined
9protective services department, the board shall conduct the review and provide a
10written report to the common council.
SB117,8,1311 2. At least once each year, the chief of police and the chief of the fire department,
12or the chief of a combined protective services department, shall meet with the
13members of the common council at a regular meeting of the council.
SB117,8,1714 3. Upon request by the common council or any committee of the common
15council, the chair of the board, the vice chair of the board, or the independent monitor
16under sub. (3m) shall attend a meeting of the common council or a committee of the
17common council.
SB117,8,1918 4. This paragraph applies only in a 2nd class city with a population of 200,000
19or more.
SB117,14 20Section 14. 62.13 (3m) of the statutes is created to read:
SB117,9,621 62.13 (3m) Independent monitor. (a) No later than the 2nd Monday in June
22occurring after the effective date of the paragraph .... [LRB inserts date], the 2nd
23Monday in June immediately preceding the expiration of the regular term of office
24of the independent monitor, or within 60 days of a vacancy in the position, the board
25shall submit to the mayor a list of 3 qualified candidates for the position of

1independent monitor. Before submitting the list of candidates to the mayor, the
2board shall publicly announce the proposed list and hold a public hearing that
3includes a public comment period with regard to the list. No later than 30 days after
4receiving the list, the mayor shall appoint an individual selected from the list as
5independent monitor. The individual appointed is subject to confirmation by the
6common council.
SB117,9,87 (b) The common council shall fix the salary or other compensation of the
8independent monitor.
SB117,9,149 (c) The initial regular term of office of the independent monitor is 4 years from
10the 2nd Monday in July occurring after the effective date of this paragraph .... [LRB
11inserts date]. Thereafter, the regular term of office is 4 years from the 2nd Monday
12in July following appointment of an independent monitor to a regular term under
13this subsection. An independent monitor appointed under this subsection may
14continue to hold office until a successor is appointed and confirmed.
SB117,9,1615 (d) 1. An independent monitor may be removed by a majority vote of the board
16in open session.
SB117,9,1817 2. Notwithstanding s. 17.12 (1) (c), an independent monitor may not be
18removed by the mayor.
SB117,9,1919 (e) The independent monitor shall do all of the following:
SB117,9,2120 1. Act as the principal staff of the board in exercising the board's functions and
21powers under this section.
SB117,9,2422 2. Review situations or investigations when an individual is dissatisfied with
23the outcome of an investigation or situation involving the police, fire, or combined
24protective services department.
SB117,10,4
13. Evaluate the policies, practices, and patterns, including staff deployments,
2crime and fire prevention training, use of force, search, seizure, citizen interaction,
3and communication of the police and fire departments or the combined protective
4services department.
SB117,10,85 4. Issue reports to the public at least annually relating to the status and
6outcome of complaints that have been filed, the timeliness of complaint resolution,
7trends and patterns of concern pertaining to complaint investigations, the nature
8and frequency of complaints, and other performance indicators.
SB117,10,109 (f) If the independent monitor is an attorney, no attorney-client privilege exists
10between the independent monitor and the mayor or common council.
SB117,10,1211 (g) This subsection applies only to a 2nd class city with a population of 200,000
12or more.
SB117,15 13Section 15. 62.13 (6m) (intro.) of the statutes is amended to read:
SB117,10,2014 62.13 (6m) (intro.) If a city of less than 4,000 population has not by ordinance
15applied subs. (1) (1m) to (6) to the city, the city may not suspend, reduce, suspend and
16reduce, or remove any police chief, combined protective services chief, or other law
17enforcement officer who is not probationary, and for whom there is no valid and
18enforceable contract of employment or collective bargaining agreement which
19provides for a fair review prior to that suspension, reduction, suspension and
20reduction or removal, unless the city does one of the following:
SB117,16 21Section 16. 62.50 (1e) of the statutes is repealed and recreated to read:
SB117,10,2322 62.50 (1e) Definition. In this section, “board” means the board of fire and
23police commissioners of a 1st class city.
SB117,17 24Section 17. 62.50 (1h) of the statutes is renumbered 62.50 (1h) (a) and
25amended to read:
SB117,11,4
162.50 (1h) (a) In all 1st class cities, however incorporated, there shall be a board
2of fire and police commissioners, consisting of either 7 or 9 citizens, not more than
33, if the board has 7 members, or 4 , if the board has 9 members, of whom shall at any
4time belong to the same political party.
SB117,11,8 5(c) The staff and members of the board shall receive the salary or other
6compensation for their services fixed by the common council. The salary shall be
7fixed at the same time and in the same manner as the salary of other city officials
8and employees. All employees of the board shall be nonpartisan.
SB117,11,23 9(d) Except as otherwise provided in this subsection, a majority of the
10members-elect, as that term is used in s. 59.001 (2m), of the board shall constitute
11a quorum necessary for the transaction of business. A 3-member panel of the board
12may conduct, and decide by majority vote, a trial described under sub. (12) or may
13hear and decide, by majority vote, charges filed by an aggrieved person under sub.
14(19). It shall be the duty of the mayor of the city, on or before the 2nd Monday in July,
15to appoint 7, or 9, members of the board, designating the term of office of each, one
16to hold one year, 2 to hold 2 years, 2 to hold 3 years, one to hold 4 years if the board
17has 7 members, and 2 to hold 4 years if the board has 9 members, and one to hold 5
18years if the board has 7 members, and 2 to hold 5 years if the board has 9 members,
19and until their respective successors shall be appointed and qualified. Thereafter
20the
For a trial of a member of the police force, at least one member of the panel shall
21have professional law enforcement experience, and for a trial of a member of the fire
22department, at least one member of the panel shall have professional fire fighting
23experience.
SB117,12,13 24(e) The terms of office for members of the board shall be 5 years from the 2nd
25Monday in July, and until a successor is appointed and qualified. The mayor may

1reduce the size of the board from 9 to 7 members by failing to appoint 2 successors
2for individuals whose terms expire at the same time. Every person appointed a
3member
The mayor shall appoint members of the board shall be subject to
4confirmation by the common council and every. Except as provided in par. (b), if the
5mayor fails to make an appointment within 120 days of a vacancy occurring, the
6common council may make the appointment. Before confirmation, the common
7council shall hold 2 public hearings that include public comment periods with regard
8to appointment. Every
appointed member shall, before entering upon the duties of
9the office take and subscribe the oath of office prescribed by article IV, section 28, of
10the constitution, and file the same duly certified by the officer administering it, with
11the clerk of the city. A member of the board may not continue in office after the
12expiration of his or her term, unless the member is reappointed to the board and
13confirmed by the common council.
SB117,12,21 14(f) 2. Not later than the first day of the 7th month beginning after a member
15of the board appointed by the mayor is confirmed by the common council, the member
16shall enroll in a the training class that is related to the mission of the board under
17subd. 1.
and, not later than the first day of the 13th month beginning after a member
18appointed by the mayor is confirmed by the common council, the member shall
19complete the class. The training class shall be conducted by the city. Appointments
20made prior to the time this subchapter first applies to a 1st class city shall not be
21subject to confirmation by the common council.
SB117,18 22Section 18. 62.50 (1h) (b) of the statutes is created to read:
SB117,13,1823 62.50 (1h) (b) At least one member of the board shall be selected from a list
24submitted by the employee association that represents nonsupervisory law
25enforcement officers and at least one member selected from a list submitted by the

1employee association that represents fire fighters. Lists of individuals submitted for
2selection under this paragraph shall contain 5 names. Individuals included in a list
3submitted under this paragraph by an employee association that represents
4nonsupervisory law enforcement officers or fire fighters shall have professional law
5enforcement experience or professional fire fighting experience, respectively, and
6shall be at least 5 years removed from service as a professional law enforcement
7officer or fire fighter, respectively. If the mayor fails to make an appointment that
8is required to be selected from a list under this paragraph within 120 days after the
9a vacancy occurs, the association that provided the list may make the appointment
10without confirmation by the common council. Notwithstanding the other
11requirements regarding length of terms in this subsection, the initial term of the
12member selected from a list submitted by the employee association that represents
13nonsupervisory law enforcement officers shall be 2 years and the initial term of the
14member selected from a list submitted by the employee association that represents
15fire fighters shall be 5 years. The members selected from lists submitted by employee
16associations that represent nonsupervisory law enforcement officers and fire
17fighters shall comply with any residency requirements that apply to current
18members of the police or fire department, respectively, of the city.
SB117,19 19Section 19 . 62.50 (1h) (f) 1. of the statutes is created to read:
SB117,13,2220 62.50 (1h) (f) 1. The city shall provide a training class for members of the board.
21The city may provide this class directly or in another manner, including by
22contracting with another person. The training class shall cover all of the following:
SB117,13,2323 a. The mission and role of the board.
SB117,14,224 b. The procedures that apply to disciplinary hearings under this section,
25including applicable rules of evidence and applicable provisions of any contract

1between the city and employee associations that represent nonsupervisory law
2enforcement officers or fire fighters.
SB117,14,33 c. The conduct policies of the police and fire departments.
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