AB114: Bill Text

AB114,7,13 62.13 (2) (a) Except as provided under sub. (6m), subs. (1) (1m) 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.

AB114,10 Section 10. 62.13 (3) of the statutes is renumbered 62.13 (3) (a).

AB114,11 Section 11. 62.13 (3) (b) of the statutes is created to read:

AB114,7,18 62.13 (3) (b) Before appointing a chief of police, chief of the fire department, or chief of a combined protective services department under this subsection, the board of a 2nd class city with a population of 200,000 or more shall do all of the following:

AB114,7,21 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.

AB114,7,23 2. Hold at least 2 public meetings to hear comments from residents of the city and other interested persons.

AB114,12 Section 12. 62.13 (3) (c) of the statutes is created to read:

AB114,8,4 62.13 (3) (c) If the board of a 2nd class city with a population of 200,000 or more 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.

AB114,13 Section 13. 62.13 (3) (d) of the statutes is created to read:

AB114,8,10 62.13 (3) (d) 1. 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, the chief of the fire department, or the chief of a combined protective services department, the board shall conduct the review and provide a written report to the common council.

AB114,8,13 2. At least once each year, the chief of police and the chief of the fire department, or the chief of a combined protective services department, shall meet with the members of the common council at a regular meeting of the council.

AB114,8,17 3. 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 independent monitor under sub. (3m) shall attend a meeting of the common council or a committee of the common council.

AB114,8,19 4. This paragraph applies only in a 2nd class city with a population of 200,000 or more.

AB114,14 Section 14. 62.13 (3m) of the statutes is created to read:

AB114,9,6 62.13 (3m) Independent monitor. (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 independent monitor, 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 independent monitor. 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 30 days after receiving the list, the mayor shall appoint an individual selected from the list as independent monitor. The individual appointed is subject to confirmation by the common council.

AB114,9,8 (b) The common council shall fix the salary or other compensation of the independent monitor.

AB114,9,14 (c) The initial regular term of office of the independent monitor 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 independent monitor to a regular term under this subsection. An independent monitor appointed under this subsection may continue to hold office until a successor is appointed and confirmed.

AB114,9,16 (d) 1. An independent monitor may be removed by a majority vote of the board in open session.

AB114,9,18 2. Notwithstanding s. 17.12 (1) (c), an independent monitor may not be removed by the mayor.

AB114,9,19 (e) The independent monitor shall do all of the following:

AB114,9,21 1. Act as the principal staff of the board in exercising the board's functions and powers under this section.

AB114,9,24 2. Review situations or investigations when an individual is dissatisfied with the outcome of an investigation or situation involving the police, fire, or combined protective services department.

AB114,10,4 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 or the combined protective services department.

AB114,10,8 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.

AB114,10,10 (f) If the independent monitor is an attorney, no attorney-client privilege exists between the independent monitor and the mayor or common council.

AB114,10,12 (g) This subsection applies only to a 2nd class city with a population of 200,000 or more.

AB114,15 Section 15. 62.13 (6m) (intro.) of the statutes is amended to read:

AB114,10,20 62.13 (6m) (intro.) If a city of less than 4,000 population has not by ordinance applied subs. (1) (1m) 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:

AB114,16 Section 16. 62.50 (1e) of the statutes is repealed and recreated to read:

AB114,10,23 62.50 (1e) Definition. In this section, “board” means the board of fire and police commissioners of a 1st class city.

AB114,17 Section 17. 62.50 (1h) of the statutes is renumbered 62.50 (1h) (a) and amended to read:

AB114,11,4 62.50 (1h) (a) In all 1st class cities, however incorporated, there shall be a board of fire and police commissioners, consisting of either 7 or 9 citizens, not more than 3, if the board has 7 members, or 4 , if the board has 9 members, of whom shall at any time belong to the same political party.

AB114,11,8 (c) The staff and members of the board shall receive the salary or other compensation for their services fixed by the common council. The salary shall be fixed at the same time and in the same manner as the salary of other city officials and employees. All employees of the board shall be nonpartisan.

AB114,11,23 (d) Except as otherwise provided in this subsection, a majority of the members-elect, as that term is used in s. 59.001 (2m), of the board shall constitute a quorum necessary for the transaction of business. A 3-member panel of the board may conduct, and decide by majority vote, a trial described under sub. (12) or may hear and decide, by majority vote, charges filed by an aggrieved person under sub. (19). It shall be the duty of the mayor of the city, on or before the 2nd Monday in July, to appoint 7, or 9, members of the board, designating the term of office of each, one to hold one year, 2 to hold 2 years, 2 to hold 3 years, one to hold 4 years if the board has 7 members, and 2 to hold 4 years if the board has 9 members, and one to hold 5 years if the board has 7 members, and 2 to hold 5 years if the board has 9 members, and until their respective successors shall be appointed and qualified. Thereafter the For a trial of a member of the police force, at least one member of the panel shall have professional law enforcement experience, and for a trial of a member of the fire department, at least one member of the panel shall have professional fire fighting experience.

AB114,12,13 (e) The terms of office for members of the board shall be 5 years from the 2nd Monday in July, and until a successor is appointed and qualified. The mayor may reduce the size of the board from 9 to 7 members by failing to appoint 2 successors for individuals whose terms expire at the same time. Every person appointed a member The mayor shall appoint members of the board shall be subject to confirmation by the common council and every. Except as provided in par. (b), if the mayor fails to make an appointment within 120 days of a vacancy occurring, the common council may make the appointment. Before confirmation, the common council shall hold 2 public hearings that include public comment periods with regard to appointment. Every appointed member shall, before entering upon the duties of the office take and subscribe the oath of office prescribed by article IV, section 28, of the constitution, and file the same duly certified by the officer administering it, with the clerk of the city. A member of the board may not continue in office after the expiration of his or her term, unless the member is reappointed to the board and confirmed by the common council.

AB114,12,21 (f) 2. Not later than the first day of the 7th month beginning after a member of the board appointed by the mayor is confirmed by the common council, the member shall enroll in a the training class that is related to the mission of the board under subd. 1. and, not later than the first day of the 13th month beginning after a member appointed by the mayor is confirmed by the common council, the member shall complete the class. The training class shall be conducted by the city. Appointments made prior to the time this subchapter first applies to a 1st class city shall not be subject to confirmation by the common council.

AB114,18 Section 18. 62.50 (1h) (b) of the statutes is created to read:

AB114,13,18 62.50 (1h) (b) At least one member of the board shall be selected from a list submitted by the employee association that represents nonsupervisory law enforcement officers and at least one member selected from a list submitted by the employee association that represents fire fighters. Lists of individuals submitted for selection under this paragraph shall contain 5 names. Individuals included in a list submitted under this paragraph by an employee association that represents nonsupervisory law enforcement officers or fire fighters shall have professional law enforcement experience or professional fire fighting experience, respectively, and shall be at least 5 years removed from service as a professional law enforcement officer or fire fighter, respectively. If the mayor fails to make an appointment that is required to be selected from a list under this paragraph within 120 days after the a vacancy occurs, the association that provided the list may make the appointment without confirmation by the common council. Notwithstanding the other requirements regarding length of terms in this subsection, the initial term of the member selected from a list submitted by the employee association that represents nonsupervisory law enforcement officers shall be 2 years and the initial term of the member selected from a list submitted by the employee association that represents fire fighters shall be 5 years. The members selected from lists submitted by employee associations that represent nonsupervisory law enforcement officers and fire fighters shall comply with any residency requirements that apply to current members of the police or fire department, respectively, of the city.

AB114,19 Section 19 . 62.50 (1h) (f) 1. of the statutes is created to read:

AB114,13,22 62.50 (1h) (f) 1. The city shall provide a training class for members of the board. The city may provide this class directly or in another manner, including by contracting with another person. The training class shall cover all of the following:

AB114,13,23 a. The mission and role of the board.

AB114,14,2 b. The procedures that apply to disciplinary hearings under this section, including applicable rules of evidence and applicable provisions of any contract between the city and employee associations that represent nonsupervisory law enforcement officers or fire fighters.

AB114,14,3 c. The conduct policies of the police and fire departments.

AB114,14,4 d. Use of force guidelines of the police department.

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)