SB117,15,6 2. Notwithstanding s. 17.12 (1) (c), an executive director may not be removed by the mayor.

SB117,15,7 (e) The executive director shall do all of the following:

SB117,15,9 1. Act as the principal staff of the board in exercising the board's functions and powers under this section.

SB117,15,11 2. Review situations or investigations when an individual is dissatisfied with the outcome of an investigation or situation involving the police or fire department.

SB117,15,14 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.

SB117,15,18 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.

SB117,15,20 5. Attend any regular meeting of the common council or meeting of council committee where his or her presence is requested by the council.

SB117,15,22 (f) If the executive director is an attorney, no attorney-client privilege exists between the executive director and the mayor or common council.

SB117,22 Section 22. 62.50 (5m) of the statutes is created to read:

SB117,16,3 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.

SB117,16,6 (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.

SB117,16,10 (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.

SB117,23 Section 23. 62.50 (6) of the statutes is renumbered 62.50 (6) (a) and amended to read:

SB117,16,20 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.

SB117,24 Section 24. 62.50 (6) (b) of the statutes is created to read:

SB117,16,23 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:

SB117,17,3 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.

SB117,17,5 2. Hold at least 2 public meetings to hear comments from residents of the city and other interested persons.

SB117,25 Section 25. 62.50 (6) (c) of the statutes is created to read:

SB117,17,10 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.

SB117,26 Section 26. 62.50 (21) of the statutes is amended to read:

SB117,18,2 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.

SB117,27 Section 27. 62.50 (21m) of the statutes is created to read:

SB117,18,10 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.

SB117,18,13 (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.

SB117,18,17 (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.

SB117,18,19 (d) The court shall reverse the board's decision if it finds that the board's exercise of discretion is one of the following:

SB117,18,20 1. Outside the range of discretion delegated to the board by law.

SB117,18,22 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.