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SB117-SSA1,16,118 4. Issue reports to the public at least annually relating to the status and
9outcome of complaints that have been filed, the timeliness of complaint resolution,
10trends and patterns of concern pertaining to complaint investigations, the nature
11and frequency of complaints, and other performance indicators.
SB117-SSA1,16,1312 5. Attend any regular meeting of the common council or meeting of council
13committee where his or her presence is requested by the council.
SB117-SSA1,16,1514 (f) If the executive director is an attorney, no attorney-client privilege exists
15between the executive director and the mayor or common council.
SB117-SSA1,22 16Section 22 . 62.50 (5m) of the statutes is created to read:
SB117-SSA1,16,2117 62.50 (5m) Common council oversight. (a) If the common council adopts a
18resolution by a two-thirds vote of the members-elect, as defined in s. 59.001 (2m),
19to conduct a performance review of the chief of police or the chief engineer of the fire
20department, the board shall conduct the review and provide a written report to the
21common council.
SB117-SSA1,16,2422 (b) At least once each year, the chief of police and the chief engineer of the fire
23department shall meet with the members of the common council at a regular meeting
24of the council.
SB117-SSA1,17,4
1(c) Upon request by the common council or any committee of the common
2council, the chair of the board, the vice chair of the board, or the executive director
3under sub. (5g) shall attend a meeting of the common council or a committee of the
4common council.
SB117-SSA1,23 5Section 23 . 62.50 (6) of the statutes is renumbered 62.50 (6) (a) and amended
6to read:
SB117-SSA1,17,147 62.50 (6) (a) If a vacancy exists in the office of chief of police or in the office of
8chief engineer of the fire department, the board by a majority vote shall appoint
9proper persons to fill such offices respectively. When filling a vacancy in the office
10of chief of police or in the office of chief engineer of the fire department occurring after
11June 15, 1977
, the board shall appoint the person to a term of office the number of
12years and commencement date of which shall be set by the city of the 1st class by
13ordinance and which may not exceed 10 years, or for the remainder of an unexpired
14term.
SB117-SSA1,24 15Section 24 . 62.50 (6) (b) of the statutes is created to read:
SB117-SSA1,17,1716 62.50 (6) (b) Before appointing or reappointing a chief of police or chief engineer
17of the fire department under this subsection, the board shall do all of the following:
SB117-SSA1,17,1918 1. Meet with representatives of the nonsupervisory employee association
19whose members will serve under the proposed chief.
SB117-SSA1,17,2120 2. Hold at least 2 public meetings to hear comments from residents of the city
21and other interested persons.
SB117-SSA1,25 22Section 25 . 62.50 (6) (c) of the statutes is created to read:
SB117-SSA1,18,223 62.50 (6) (c) If the board accepts an additional application for chief of police
24after the application period for accepting these applications has closed, the board

1shall reopen the application period for an additional 7 days beginning on the date it
2accepted the late application.
SB117-SSA1,25m 3Section 25m. 62.50 (17) (a) of the statutes is amended to read:
SB117-SSA1,18,144 62.50 (17) (a) Within 3 days after hearing the matter the board, or a 3-member
5panel of the board, shall review all of the evidence received and, by a majority vote
6of its members and subject to par. (b), determine whether by a preponderance of the
7evidence the charges are sustained. If the board or panel determines that the
8charges are sustained, the board shall at once determine whether the good of the
9service requires that the accused be permanently discharged or be suspended
10without pay for a period not exceeding 60 days or reduced in rank. If the charges are
11not sustained the accused shall be immediately reinstated in his or her former
12position, without prejudice. The decision and findings of the board, or panel, shall
13be in writing and shall be filed, together with a transcript of the evidence, with the
14secretary of the board.
SB117-SSA1,25s 15Section 25s. 62.50 (19) of the statutes is amended to read:
SB117-SSA1,19,516 62.50 (19) Charges by aggrieved person. In cases where duly verified charges
17are filed by any aggrieved person with the board of fire and police commissioners,
18setting forth sufficient cause for the removal of any member of either of the
19departments, including the chiefs or their assistants, the board or chief may suspend
20such member or officer pending disposition of such charges. The board shall cause
21notice of the filing of the charges with a copy to be served upon the accused and shall
22set a date for the trial and investigation of the charges, following the procedure under
23this section. The board, or a 3-member panel of the board, shall review all of the
24evidence received and
decide by a majority vote and subject to the just cause
25standard described in sub. (17) (b) whether the charges are sustained. If sustained,

1the board shall immediately determine whether the good of the service requires that
2the accused be removed, suspended from office without pay for a period not exceeding
360 days or reduced in rank. If the charges are not sustained, the accused shall be
4immediately reinstated without prejudice. The secretary of the board shall make the
5decision public.
SB117-SSA1,26 6Section 26 . 62.50 (21) of the statutes is amended to read:
SB117-SSA1,19,217 62.50 (21) Certification and return of record; hearing. Upon the service of
8the demand under sub. (20), the board upon which the service is made shall within
95 days thereafter certify to the clerk of the circuit court of the county all charges,
10testimony, and everything relative to the trial and discharge, suspension or
11reduction in rank of the member. Upon the filing of the return with the clerk of court,
12actions for review shall be given preference. Upon application of the discharged
13member or the board, the court shall fix a date for the trial which shall be no later
14than 15 days after the date of the application except upon agreement between the
15board and the discharged or suspended member. The action shall be tried by the
16court without a jury and shall be tried upon the return made by the board. In
17determining the question of fact presented, the court shall be limited in the review
18thereof to the question: “Under the evidence is there just cause, as described in sub.
19(17) (b), to sustain the charges against the accused?" The court may require
20additional return to be made by the board, and may also require the board to take
21additional testimony and make return thereof.
SB117-SSA1,27 22Section 27 . 62.50 (21m) of the statutes is created to read:
SB117-SSA1,19,2523 62.50 (21m) Review of disciplinary decisions. (a) The action filed under sub.
24(20) shall be tried by the court without a jury and, subject to par. (b), shall be limited
25to review of the following:
SB117-SSA1,20,1
11. Whether the board followed appropriate procedure.
SB117-SSA1,20,22 2. Whether the board considered all evidence received.
SB117-SSA1,20,43 3. Whether there is just cause, as described in sub. (17) (b), to sustain the
4charges against the officer.
SB117-SSA1,20,55 (b) In a review under this subsection:
SB117-SSA1,20,96 1. If the court determines that the board failed to follow appropriate procedure
7or failed to consider all evidence received, the court shall review the decision of the
8board independently and without deference to the board's findings of fact and
9conclusions of law.
SB117-SSA1,20,1210 2. If the court determines that the board followed appropriate procedure and
11considered all evidence received, the court shall conduct the review under par. (a) 3.
12but shall adopt the board's findings of fact, except as provided under par. (c).
SB117-SSA1,20,1713 (c) A review under this subsection shall be confined to the record, except that
14the court may in its discretion allow the submission of additional evidence. If the
15court allows the submission of additional evidence, the court may consider the
16additional evidence in its review under this subsection or remand the disciplinary
17decision to the board for further consideration under sub. (17) or (19).
SB117-SSA1,28 18Section 28 . 62.51 (1) (a) of the statutes is amended to read:
SB117-SSA1,21,419 62.51 (1) (a) “Public office" means the following positions or their equivalent:
20city engineer; city purchasing agent; commissioner of building inspection, of city
21development, of health or of public works; director of administration, of budget and
22management, of community development agency, of employee relations, of office of
23telecommunications, or of safety; emergency management coordinator; employee
24benefits administrator; executive director of the commission on community
25relations; municipal port director; commissioner of assessments; director of liaison;

1city personnel director; executive director of the retirement board; executive director
2of the city board of election commissioners; city librarian; city labor negotiator;
3executive secretary of the board of fire and police commissioners; and supervisor of
4the central electronics board.
SB117-SSA1,29 5Section 29 . Initial applicability.
SB117-SSA1,21,106 (1) This act first applies to a vacancy on the board of fire and police
7commissioners, a vacancy on a board of police and fire commissioners, a vacancy in
8the office of chief of either department, a vacancy in a public office, or an action by
9an officer or member of either department that gives rise to the need for a disciplinary
10proceeding that occurs on the effective date of this subsection.
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