SB176-ASA2-AA1,1,116
59.26
(9) (a)
A Except as provided in par. (d), a deputy sheriff in any county
7may not be suspended or dismissed under sub. (8) or s. 59.52 (8) or 63.10 without pay
8or benefits, for any action taken that is within the scope of the deputy's employment,
9until the matter that is the subject of the suspension or dismissal is disposed of by
10the grievance committee or civil service commission or the time for appeal of that
11matter passes without an appeal being made.
SB176-ASA2-AA1,2,10
159.26
(9) (d) Following a discharge or suspension under sub. (8) or s. 59.52 (8)
2or 63.10, no deputy sheriff or other law enforcement employee of the county is
3entitled to any salary or wages from the department pending an appeal of the
4discharge or suspension to the board, the grievance committee, or the civil service
5commission if charges relating to an offense, as defined in s. 62.50 (1e), are also
6pending against the deputy or employee and such charges arose out of the same
7conduct or incident that serves as the basis for the discharge or suspension. If the
8charges against the deputy or employee are dismissed, or if the deputy or employee
9is found not guilty of the charges, the deputy or employee shall be reinstated and
10entitled to pay as if he or she was in continuous service.
SB176-ASA2-AA1,2,1812
59.52
(8) (b) (intro.)
A Except as provided in s. 59.26 (9) (d), a law enforcement
13employee of the county may not be suspended, demoted, dismissed or suspended and
14demoted by the civil service commission or by the board, based either on its own
15investigation or on charges filed by the sheriff, unless the commission or board
16determines whether there is just cause, as described in this paragraph, to sustain the
17charges. In making its determination, the commission or the board shall apply the
18following standards, to the extent applicable:".
SB176-ASA2-AA1,3,2322
63.10
(1) Whenever a person possessing appointing power in the county, the
23chief executive officer of a department, board or institution, the county park
24commission, county election commission, civil service commission, and county board
1of welfare as to officers and employees under their respective jurisdictions, believes
2that an officer or employee in the classified service in that person's, commission's or
3board's department has acted in such a manner as to show the officer or employee
4to be incompetent to perform the officer's or employee's duties or to have merited
5demotion or dismissal, the person, commission or board shall report in writing to the
6civil service commission setting forth specifically the complaint against the officer
7or employee, and may suspend the officer or employee at the time such complaint is
8filed. It is the duty of the director of personnel to file charges against any officer or
9employee in the classified service upon receipt of evidence showing cause for
10demotion or discharge of the officer or employee in cases where a department head
11or appointing authority neglects or refuses to file charges. Charges may be filed by
12any citizen against an officer or employee in the classified service where in the
13judgment of the commission the facts alleged under oath by the citizen and supported
14by affidavit of one or more witnesses would if charged and established amount to
15cause for the discharge of the officer or employee. The commission shall forthwith
16notify the accused officer or employee of the filing of the charges and on request
17provide the officer or employee with a copy of the same.
Nothing Except as provided
18in s. 59.26 (9) (d), nothing in this subsection shall limit the power of the department
19head to suspend a subordinate for a reasonable period not exceeding 10 days. In case
20an employee is again suspended within 6 months for any period whatever, the
21employee so suspended shall have the right of hearing by the commission on the
22second suspension or any subsequent suspension within said period the same as
23herein provided for in demotion or dismissal proceedings.".
