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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.
SB117,14,44 d. Use of force guidelines of the police department.
SB117,20 5Section 20. 62.50 (1h) (f) 3. of the statutes is created to read:
SB117,14,86 62.50 (1h) (f) 3. No member may participate in any board action until he or she
7completes the training class under subd. 1. and any other training required by the
8city.
SB117,21 9Section 21. 62.50 (5g) of the statutes is created to read:
SB117,14,1910 62.50 (5g) Executive director. (a) No later than the 2nd Monday in June
11occurring after the effective date of the paragraph .... [LRB inserts date], the 2nd
12Monday in June immediately preceding the expiration of the regular term of office
13of the executive director, or within 60 days of a vacancy in the position, the board
14shall submit to the mayor a list of 3 qualified candidates for the position of executive
15director. Before submitting the list of candidates to the mayor, the board shall
16publicly announce the proposed list and hold a public hearing that includes a public
17comment period with regard to the list. No later than the 30 days after receiving the
18list, the mayor shall appoint an individual selected from the list as executive director.
19The individual appointed is subject to confirmation by the common council.
SB117,14,2120 (b) The common council shall fix the salary or other compensation of the
21executive director.
SB117,15,222 (c) The initial regular term of office of the executive director is 4 years from the
232nd Monday in July occurring after the effective date of this paragraph .... [LRB
24inserts date]. Thereafter, the regular term of office is 4 years from the 2nd Monday
25in July following appointment of an executive director to a regular term under this

1section. An executive director appointed under this section may continue to hold
2office until a successor is appointed and confirmed.
SB117,15,43 (d) 1. An executive director may be removed by a majority vote of the board in
4open session.
SB117,15,65 2. Notwithstanding s. 17.12 (1) (c), an executive director may not be removed
6by the mayor.
SB117,15,77 (e) The executive director shall do all of the following:
SB117,15,98 1. Act as the principal staff of the board in exercising the board's functions and
9powers under this section.
SB117,15,1110 2. Review situations or investigations when an individual is dissatisfied with
11the outcome of an investigation or situation involving the police or fire department.
SB117,15,1412 3. Evaluate the policies, practices, and patterns, including staff deployments,
13crime and fire prevention training, use of force, search, seizure, citizen interaction,
14and communication of the police and fire departments.
SB117,15,1815 4. Issue reports to the public at least annually relating to the status and
16outcome of complaints that have been filed, the timeliness of complaint resolution,
17trends and patterns of concern pertaining to complaint investigations, the nature
18and frequency of complaints, and other performance indicators.
SB117,15,2019 5. Attend any regular meeting of the common council or meeting of council
20committee where his or her presence is requested by the council.
SB117,15,2221 (f) If the executive director is an attorney, no attorney-client privilege exists
22between the executive director and the mayor or common council.
SB117,22 23Section 22. 62.50 (5m) of the statutes is created to read:
SB117,16,324 62.50 (5m) Common council oversight. (a) If the common council adopts a
25resolution by a two-thirds vote of the members-elect, as defined in s. 59.001 (2m),

1to conduct a performance review of the chief of police or the chief engineer of the fire
2department, the board shall conduct the review and provide a written report to the
3common council.
SB117,16,64 (b) At least once each year, the chief of police and the chief engineer of the fire
5department shall meet with the members of the common council at a regular meeting
6of the council.
SB117,16,107 (c) Upon request by the common council or any committee of the common
8council, the chair of the board, the vice chair of the board, or the executive director
9under sub. (5g) shall attend a meeting of the common council or a committee of the
10common council.
SB117,23 11Section 23. 62.50 (6) of the statutes is renumbered 62.50 (6) (a) and amended
12to read:
SB117,16,2013 62.50 (6) (a) If a vacancy exists in the office of chief of police or in the office of
14chief engineer of the fire department, the board by a majority vote shall appoint
15proper persons to fill such offices respectively. When filling a vacancy in the office
16of chief of police or in the office of chief engineer of the fire department occurring after
17June 15, 1977
, the board shall appoint the person to a term of office the number of
18years and commencement date of which shall be set by the city of the 1st class by
19ordinance and which may not exceed 10 years, or for the remainder of an unexpired
20term.
SB117,24 21Section 24. 62.50 (6) (b) of the statutes is created to read:
SB117,16,2322 62.50 (6) (b) Before appointing or reappointing a chief of police or chief engineer
23of the fire department under this subsection, the board shall do all of the following:
SB117,17,3
11. Meet in closed session under s. 19.85 (1) (c) with representatives of the
2nonsupervisory employee association whose members will serve under the proposed
3chief.
SB117,17,54 2. Hold at least 2 public meetings to hear comments from residents of the city
5and other interested persons.
SB117,25 6Section 25. 62.50 (6) (c) of the statutes is created to read:
SB117,17,107 62.50 (6) (c) If the board accepts an additional application for chief of police
8after the application period for accepting these applications has closed, the board
9shall reopen the application period for an additional 7 days beginning on the date it
10accepted the late application.
SB117,26 11Section 26. 62.50 (21) of the statutes is amended to read:
SB117,18,212 62.50 (21) Certification and return of record; hearing. Upon the service of
13the demand under sub. (20), the board upon which the service is made shall within
145 days thereafter certify to the clerk of the circuit court of the county all charges,
15testimony, and everything relative to the trial and discharge, suspension or
16reduction in rank of the member. Upon the filing of the return with the clerk of court,
17actions for review shall be given preference. Upon application of the discharged
18member or the board, the court shall fix a date for the trial which shall be no later
19than 15 days after the date of the application except upon agreement between the
20board and the discharged or suspended member. The action shall be tried by the
21court without a jury and shall be tried upon the return made by the board. In
22determining the question of fact presented, the court shall be limited in the review
23thereof to the question: “Under the evidence is there just cause, as described in sub.
24(17) (b), to sustain the charges against the accused?" The court may require

1additional return to be made by the board, and may also require the board to take
2additional testimony and make return thereof.
SB117,27 3Section 27. 62.50 (21m) of the statutes is created to read:
SB117,18,104 62.50 (21m) De novo review of disciplinary decisions. (a) The court shall
5conduct its review without regard to any action taken or decision made by the board
6and shall determine whether there is just cause, as described in sub. (17) (b). In
7making that determination, the court shall review the evidence independently and
8without deference to the board's findings of fact and conclusions of law. The court
9may take into account the credibility determinations of the board, but is not bound
10by those determinations.
SB117,18,1311 (b) The court shall remand the board's decision if it finds that either the fairness
12of the proceedings or the correctness of the action has been impaired by a material
13error in procedure or a failure to follow prescribed procedure.
SB117,18,1714 (c) The court shall set aside or modify the board's decision if it finds that the
15board has erroneously interpreted a provision of law and a correct interpretation
16compels a particular result, or it shall remand the case to the board for further action
17that is consistent with current law.
SB117,18,1918 (d) The court shall reverse the board's decision if it finds that the board's
19exercise of discretion is one of the following:
SB117,18,2020 1. Outside the range of discretion delegated to the board by law.
SB117,18,2221 2. Inconsistent with a board rule, a board policy, or a board practice, unless such
22deviation is satisfactorily explained by the board in its ruling.
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