Amendment SA1-SB512

LRBa2347/1

MES:ahe

2017 - 2018 LEGISLATURE

SENATE AMENDMENT 1, TO SENATE BILL 512

March 2, 2018 - Offered by Senator Wanggaard.

SB512-SA1,1,1 At the locations indicated, amend the bill as follows:

SB512-SA1,1,3 1. Page 3, line 6: after “experience" insert “ unless, after a reasonable search, no suitable candidates are available".

SB512-SA1,1,5 2. Page 4, line 9: delete “a preponderance of the" and substitute “ clear and convincing".

SB512-SA1,1,6 3. Page 4, line 17: delete lines 17 to 20.

SB512-SA1,1,7 4. Page 7, line 22: delete “3" and substitute “5".

SB512-SA1,1,11 5. Page 8, line 3: after “subsection" insert “, and each such appointee shall be at least 5 years removed from service as a professional law enforcement officer or fire fighter, and shall comply with any residency requirements that apply to current members of the department with regard to which the appointee has experience".

SB512-SA1,2,3 6. Page 8, line 9: delete “agree on the hearing examiner" and substitute “exchange lists of acceptable hearing examiners, and the parties shall forward their lists to the independent monitor".

SB512-SA1,2,6 7. Page 8, line 10: delete “, the parties shall" and substitute “within 7 days after exchanging lists, the independent monitor shall select the hearing examiner, randomly, from the lists provided by the parties.".

SB512-SA1,2,7 8. Page 8, line 11: delete lines 11 to 18.

SB512-SA1,2,8 9. Page 10, line 10: after “shall" insert “make a good faith effort to".

SB512-SA1,2,12 10. Page 10, line 14: after “persons." insert “After the application period for accepting chief of police applications closes the board may accept additional applications, except that the board shall reopen the application period for 7 days after it accepts an application submitted after the original deadline.".

SB512-SA1,2,13 11. Page 13, line 1: delete lines 1 to 4.

SB512-SA1,2,14 12. Page 13, line 8: after that line insert:

SB512-SA1,2,15 “ Section 21e. 62.50 (17) (b) 8. of the statutes is created to read:

SB512-SA1,2,17 62.50 (17) (b) 8. Ensure that the proposed discipline is consistent with similar discipline for similar violations.”.

SB512-SA1,2,18 13. Page 13, line 11: delete “the fire" and substitute “the fire either".

SB512-SA1,2,20 14. Page 13, line 13: after “sustained" insert “or unless, following the charges being sustained, the accused asks for an extension of time for an appeal".

SB512-SA1,2,21 15. Page 13, line 15: after “board or the" insert “unextended".

SB512-SA1,3,3 16. Page 13, line 16: after “made." insert “A chief officer of either department and a member of the fire department may be deprived of any salary or wages to which the officer or member would otherwise be entitled to receive if such an individual is charged with a felony, as defined in s. 939.60, and bound over for trial as provided in s. 970.02 (4) or 970.03 (7).".

SB512-SA1,3,4 17. Page 14, line 11: delete lines 11 to 21 and substitute:

SB512-SA1,3,14 “62.50 (20) Circuit court review Appeal of board decision; notice. Any officer or member of either department discharged, suspended or reduced who is disciplined, may, within 10 days after the decision and findings under this section are filed with delivered to the secretary of the board, bring an action in the circuit court of the county in which the city is located to review the order. Such appeal that decision either to the circuit court of the county in which the city is located or to an arbitrator who shall be selected jointly by the parties to review the order. An action shall begin by the serving of a notice on the secretary of the board making such order and on the city attorney of such city, which notice may be in one of the following or similar form forms:”.

SB512-SA1,3,15 18. Page 15, line 12: after that line insert:

SB512-SA1,3,16 “ Section 24m. 62.50 (30) of the statutes is created to read:

SB512-SA1,3,21 62.50 (30) Review of, appearance by, chiefs. (a) If the common council of a 1st class city 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 either the chief of police or the chief engineer of the fire department, the board shall conduct such a review and forward its written report with the common council.

SB512-SA1,3,24 (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 of a 1st class city at a regular meeting of the council.”.

SB512-SA1,4,2 19. Page 17, line 8: delete “that" and substitute “as otherwise provided in this paragraph.".

SB512-SA1,4,4 20. Page 17, line 9: delete “in cases" and substitute “The court or arbitrator may consider any new evidence that is exculpatory to the accused. In cases".

SB512-SA1,4,5 (End)