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LRBs0200/1
EVM:amn/emw/kjf/cjs
2021 - 2022 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 114
June 25, 2021 - Offered by Representative Brandtjen.
AB114-ASA1,1,9 1An Act to renumber 62.13 (3); to renumber and amend 62.13 (1), 62.50 (1h)
2and 62.50 (6); to amend 19.42 (7w) (c), 60.57 (2), 61.65 (3g) (d) 1. a., 62.13 (2)
3(a), 62.13 (6m) (intro.), 62.50 (17) (a), 62.50 (19), 62.50 (21) and 62.51 (1) (a); to
4repeal and recreate
62.50 (1e); and to create 62.13 (1b), 62.13 (1m) (a) 2.,
562.13 (1m) (d), 62.13 (1m) (e), 62.13 (3) (b), 62.13 (3) (c), 62.13 (3) (d), 62.13 (3m),
662.50 (1h) (b), 62.50 (1h) (d) 2. b., 62.50 (1h) (d) 2. c., 62.50 (1h) (f) 1., 62.50 (1h)
7(f) 3., 62.50 (1j), 62.50 (5g), 62.50 (5m), 62.50 (6) (b), 62.50 (6) (c) and 62.50 (21m)
8of the statutes; relating to: boards of police and fire commissioners and
9protective services departments in populous cities.
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
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.
Also under this bill, if the mayor fails to make an appointment within 120 days of the
occurrence of a vacancy, the common council may make the appointment.
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, except when no member with the
requisite experience is available for the trial date, 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 of the fire and police
commission in a first class city and executive director of the police and fire
commission in a second class city with a population of 200,000 or more. 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
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 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. Also, a PFC board
member may not continue in office if the common council rejects the member upon
submission for confirmation by the mayor.
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.
Under current law, a circuit court's review of a disciplinary decision is, in general,
a limited review of the record created before the board of fire and police
commissioners.
This bill further specifies the procedure applicable to an appeal of a disciplinary
decision. Under this bill, an appeal of a disciplinary decision consists of, in general,
a review of the record created before the board of fire and police commissioners. A
court may, however, in its discretion allow the submission of additional evidence. The
court's review is limited to consideration of whether the board followed appropriate
procedure and considered all evidence received and whether there is just cause to
sustain the charges against the officer. The bill also specifies that if the court
determines that the board failed to follow appropriate procedure or failed to consider
all evidence received, the court must review the decision of the board without
deference to the board's findings of fact. Otherwise, the court must, in general, adopt
the board's findings of fact.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB114-ASA1,1 1Section 1 . 19.42 (7w) (c) of the statutes is amended to read:
AB114-ASA1,4,22 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.
AB114-ASA1,2 3Section 2 . 60.57 (2) of the statutes is amended to read:
AB114-ASA1,4,54 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.
AB114-ASA1,3 6Section 3 . 61.65 (3g) (d) 1. a. of the statutes is amended to read:
AB114-ASA1,4,97 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
.
AB114-ASA1,4 10Section 4 . 62.13 (1) of the statutes is renumbered 62.13 (1m) (a) 1. and
11amended to read:
AB114-ASA1,4,1412 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.
AB114-ASA1,5,3 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 by a
23majority vote of the members of the common council in open session.
No appointment
24shall may be made which that will result in more than 3 members of the board
25belonging to the same political party. The common council of a 2nd class city with

1a population of 200,000 or more shall hold 2 public hearings that include public
2comment periods with regard to each appointment to the board, including an
3appointment made by the common council under this paragraph.
AB114-ASA1,5,4 4(c) The A board shall keep a record of its proceedings.
AB114-ASA1,5 5Section 5 . 62.13 (1b) of the statutes is created to read:
AB114-ASA1,5,86 62.13 (1b) Definition. In this section, “board” means a board of police and fire
7commissioners under sub. (1m) (a) or a joint board of police and fire commissioners
8under sub. (2) (b) or (2m) (b).
AB114-ASA1,6 9Section 6 . 62.13 (1m) (a) 2. of the statutes is created to read:
AB114-ASA1,6,710 62.13 (1m) (a) 2. a. Each 2nd class city with a population of 200,000 or more
11shall have a board of police and fire commissioners consisting of 7 members,
12including at least one member selected from a list submitted by the employee
13association that represents nonsupervisory law enforcement officers and at least one
14member selected from a list submitted by the employee association that represents
15fire fighters. Lists of individuals submitted for selection under this subd. 2. a. shall
16contain 5 names. Individuals included in a list submitted under this subd. 2. a. by
17an employee association that represents nonsupervisory law enforcement officers or
18fire fighters shall have professional law enforcement experience or professional fire
19fighting experience, respectively, and shall be at least 5 years removed from service
20as a professional law enforcement officer or fire fighter, respectively. If the mayor
21fails to make an appointment that is required to be selected from a list under this
22subd. 2 a. within 120 days of a vacancy occurring, the common council, within 60 days
23and after not fewer than 2 public hearings that include public comment periods with
24regard to the appointment, shall make the appointment. Notwithstanding par. (b),
25the initial term of the member selected from a list submitted by the employee

1association that represents nonsupervisory law enforcement officers shall be 2 years
2and the initial term of the member selected from a list submitted by the employee
3association that represents fire fighters shall be 5 years. The members selected from
4lists submitted by employee associations that represent nonsupervisory law
5enforcement officers and fire fighters shall comply with any residency requirements
6that apply to current members of the police or fire department, respectively, of the
7city.
AB114-ASA1,6,108 b. A board member of a 2nd class city with a population of 200,000 or more may
9not continue in office after the expiration of his or her term, unless the member is
10reappointed to the board.
AB114-ASA1,6,1111 c. Five members constitute a quorum of a board under this subdivision.
AB114-ASA1,7 12Section 7 . 62.13 (1m) (d) of the statutes is created to read:
AB114-ASA1,6,1513 62.13 (1m) (d) 1. The city shall provide a training class for members of the
14board. The city may provide this class directly or in another manner, including by
15contracting with another person. The training class shall cover all of the following:
AB114-ASA1,6,1616 a. The mission and role of the board.
AB114-ASA1,6,2017 b. The procedures that apply to disciplinary hearings under this section,
18including applicable rules of evidence and applicable provisions of any contract
19between the city and employee associations that represent nonsupervisory law
20enforcement officers or fire fighters.
AB114-ASA1,6,2121 c. The conduct policies of the police and fire departments.
AB114-ASA1,6,2222 d. Use of force guidelines of the police department.
AB114-ASA1,7,223 2. Not later than the first day of the 7th month beginning after the mayor files
24the appointment of a member of the board with the secretary of the board, the
25member shall enroll in the training class under subd. 1. and, not later than the first

1day of the 13th month beginning after the mayor files the member's appointment
2with the secretary of the board, the member shall complete the class.
AB114-ASA1,7,53 3. Notwithstanding sub. (5), no member may participate in any board action
4until he or she completes the training class under subd. 1. and any other training
5required by the city.
AB114-ASA1,7,76 4. This paragraph applies only in a 2nd class city with a population of 200,000
7or more.
AB114-ASA1,8 8Section 8 . 62.13 (1m) (e) of the statutes is created to read:
AB114-ASA1,7,109 62.13 (1m) (e) All employees of the board of a 2nd class city with a population
10of 200,000 or more shall be nonpartisan.
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