AB114: Bill Text

AB114,20 Section 20. 62.50 (1h) (f) 3. of the statutes is created to read:

AB114,14,8 62.50 (1h) (f) 3. No member may participate in any board action until he or she completes the training class under subd. 1. and any other training required by the city.

AB114,21 Section 21. 62.50 (5g) of the statutes is created to read:

AB114,14,19 62.50 (5g) Executive director. (a) No later than the 2nd Monday in June occurring after the effective date of the paragraph .... [LRB inserts date], the 2nd Monday in June immediately preceding the expiration of the regular term of office of the executive director, or within 60 days of a vacancy in the position, the board shall submit to the mayor a list of 3 qualified candidates for the position of executive director. Before submitting the list of candidates to the mayor, the board shall publicly announce the proposed list and hold a public hearing that includes a public comment period with regard to the list. No later than the 30 days after receiving the list, the mayor shall appoint an individual selected from the list as executive director. The individual appointed is subject to confirmation by the common council.

AB114,14,21 (b) The common council shall fix the salary or other compensation of the executive director.

AB114,15,2 (c) The initial regular term of office of the executive director is 4 years from the 2nd Monday in July occurring after the effective date of this paragraph .... [LRB inserts date]. Thereafter, the regular term of office is 4 years from the 2nd Monday in July following appointment of an executive director to a regular term under this section. An executive director appointed under this section may continue to hold office until a successor is appointed and confirmed.

AB114,15,4 (d) 1. An executive director may be removed by a majority vote of the board in open session.

AB114,15,6 2. Notwithstanding s. 17.12 (1) (c), an executive director may not be removed by the mayor.

AB114,15,7 (e) The executive director shall do all of the following:

AB114,15,9 1. Act as the principal staff of the board in exercising the board's functions and powers under this section.

AB114,15,11 2. Review situations or investigations when an individual is dissatisfied with the outcome of an investigation or situation involving the police or fire department.

AB114,15,14 3. Evaluate the policies, practices, and patterns, including staff deployments, crime and fire prevention training, use of force, search, seizure, citizen interaction, and communication of the police and fire departments.

AB114,15,18 4. Issue reports to the public at least annually relating to the status and outcome of complaints that have been filed, the timeliness of complaint resolution, trends and patterns of concern pertaining to complaint investigations, the nature and frequency of complaints, and other performance indicators.

AB114,15,20 5. Attend any regular meeting of the common council or meeting of council committee where his or her presence is requested by the council.

AB114,15,22 (f) If the executive director is an attorney, no attorney-client privilege exists between the executive director and the mayor or common council.

AB114,22 Section 22. 62.50 (5m) of the statutes is created to read:

AB114,16,3 62.50 (5m) Common council oversight. (a) If the common council adopts a resolution by a two-thirds vote of the members-elect, as defined in s. 59.001 (2m), to conduct a performance review of the chief of police or the chief engineer of the fire department, the board shall conduct the review and provide a written report to the common council.

AB114,16,6 (b) At least once each year, the chief of police and the chief engineer of the fire department shall meet with the members of the common council at a regular meeting of the council.

AB114,16,10 (c) Upon request by the common council or any committee of the common council, the chair of the board, the vice chair of the board, or the executive director under sub. (5g) shall attend a meeting of the common council or a committee of the common council.

AB114,23 Section 23. 62.50 (6) of the statutes is renumbered 62.50 (6) (a) and amended to read:

AB114,16,20 62.50 (6) (a) If a vacancy exists in the office of chief of police or in the office of chief engineer of the fire department, the board by a majority vote shall appoint proper persons to fill such offices respectively. When filling a vacancy in the office of chief of police or in the office of chief engineer of the fire department occurring after June 15, 1977, the board shall appoint the person to a term of office the number of years and commencement date of which shall be set by the city of the 1st class by ordinance and which may not exceed 10 years, or for the remainder of an unexpired term.

AB114,24 Section 24. 62.50 (6) (b) of the statutes is created to read:

AB114,16,23 62.50 (6) (b) Before appointing or reappointing a chief of police or chief engineer of the fire department under this subsection, the board shall do all of the following:

AB114,17,3 1. Meet in closed session under s. 19.85 (1) (c) with representatives of the nonsupervisory employee association whose members will serve under the proposed chief.

AB114,17,5 2. Hold at least 2 public meetings to hear comments from residents of the city and other interested persons.

AB114,25 Section 25. 62.50 (6) (c) of the statutes is created to read:

AB114,17,10 62.50 (6) (c) If the board accepts an additional application for chief of police after the application period for accepting these applications has closed, the board shall reopen the application period for an additional 7 days beginning on the date it accepted the late application.

AB114,26 Section 26. 62.50 (21) of the statutes is amended to read:

AB114,18,2 62.50 (21) Certification and return of record; hearing. Upon the service of the demand under sub. (20), the board upon which the service is made shall within 5 days thereafter certify to the clerk of the circuit court of the county all charges, testimony, and everything relative to the trial and discharge, suspension or reduction in rank of the member. Upon the filing of the return with the clerk of court, actions for review shall be given preference. Upon application of the discharged member or the board, the court shall fix a date for the trial which shall be no later than 15 days after the date of the application except upon agreement between the board and the discharged or suspended member. The action shall be tried by the court without a jury and shall be tried upon the return made by the board. In determining the question of fact presented, the court shall be limited in the review thereof to the question: “Under the evidence is there just cause, as described in sub. (17) (b), to sustain the charges against the accused?" The court may require additional return to be made by the board, and may also require the board to take additional testimony and make return thereof.

AB114,27 Section 27. 62.50 (21m) of the statutes is created to read:

AB114,18,10 62.50 (21m) De novo review of disciplinary decisions. (a) The court shall conduct its review without regard to any action taken or decision made by the board and shall determine whether there is just cause, as described in sub. (17) (b). In making that determination, the court shall review the evidence independently and without deference to the board's findings of fact and conclusions of law. The court may take into account the credibility determinations of the board, but is not bound by those determinations.

AB114,18,13 (b) The court shall remand the board's decision if it finds that either the fairness of the proceedings or the correctness of the action has been impaired by a material error in procedure or a failure to follow prescribed procedure.

AB114,18,17 (c) The court shall set aside or modify the board's decision if it finds that the board has erroneously interpreted a provision of law and a correct interpretation compels a particular result, or it shall remand the case to the board for further action that is consistent with current law.

AB114,18,19 (d) The court shall reverse the board's decision if it finds that the board's exercise of discretion is one of the following:

AB114,18,20 1. Outside the range of discretion delegated to the board by law.

AB114,18,22 2. Inconsistent with a board rule, a board policy, or a board practice, unless such deviation is satisfactorily explained by the board in its ruling.

AB114,18,23 3. In violation of a constitutional or statutory provision.

AB114,19,2 (e) The court's decision shall provide appropriate relief irrespective of the original form of the petition. If the court sets aside the board's decision or remands the case to the board for further proceedings, it may make such interlocutory order as it finds appropriate to preserve the interests of any party.

AB114,19,3 (f) The review described in this subsection shall be conducted without a jury.

AB114,19,12 (g) A review under this subsection shall be confined to the record, except that in cases of alleged irregularities in procedure before the board, the court may take additional testimony. If leave is granted to take additional testimony, depositions and written interrogatories may be taken before the date set for hearing in the manner provided in ch. 804. The court may allow for discovery, or require additional return to be made by the board, and may also require the board to take additional testimony and make return thereof. The court shall grant requests for discovery if there is credible evidence that it is necessary to further the appeal and provide the accused with due process.

AB114,28 Section 28. 62.51 (1) (a) of the statutes is amended to read:

AB114,19,24 62.51 (1) (a) “Public office" means the following positions or their equivalent: city engineer; city purchasing agent; commissioner of building inspection, of city development, of health or of public works; director of administration, of budget and management, of community development agency, of employee relations, of office of telecommunications, or of safety; emergency management coordinator; employee benefits administrator; executive director of the commission on community relations; municipal port director; commissioner of assessments; director of liaison; city personnel director; executive director of the retirement board; executive director of the city board of election commissioners; city librarian; city labor negotiator; executive secretary of the board of fire and police commissioners; and supervisor of the central electronics board.

AB114,29 Section 29. Initial applicability.

AB114,20,5 (1) This act first applies to a vacancy on the board of fire and police commissioners, a vacancy on a board of police and fire commissioners, a vacancy in the office of chief of either department, a vacancy in a public office, or an action by an officer or member of either department that gives rise to the need for a disciplinary proceeding that occurs on the effective date of this subsection.

AB114,20,6 (End)