AB606,12,165
62.50
(17) (a) Within 3 days after hearing the matter the board, or a 3-member
6panel of the board, shall, by a majority vote of its members and subject to par. (b),
7determine whether by a preponderance of the evidence the charges are sustained.
8If the board or panel determines that the charges are sustained, the board
shall at
9once determine whether the good of the service requires that the accused be
10permanently discharged or be suspended may demote, reduce in rank, suspend 11without pay for a period not exceeding 60 days
or reduced in rank, or permanently
12discharge the accused. If the charges are not sustained the accused shall be
13immediately reinstated in his or her former position, without prejudice. The decision
14and findings of the board, or panel, shall be in writing and shall be filed,
within 10
15days of the vote, together with a transcript of the evidence, with the secretary of the
16board.
AB606,19
17Section 19
. 62.50 (17) (b) (intro.) of the statutes is amended to read:
AB606,12,2518
62.50
(17) (b) (intro.) No police officer
or fire fighter may be
suspended, reduced
19in rank, suspended and reduced in rank, or discharged disciplined by the board
20under sub. (11), (13) or (19), or under par. (a), based on charges filed by the board,
21members of the board, an aggrieved person or the chief under sub. (11), (13) or (19),
22or under par. (a), unless the board determines whether
by a preponderance of the
23evidence there is just cause, as described in this paragraph, to sustain the charges.
24In making its determination, the board shall apply the following standards
, to the
25extent applicable:
AB606,20
1Section
20. 62.50 (17) (b) 1. of the statutes is amended to read:
AB606,13,42
62.50
(17) (b) 1. Whether the subordinate could reasonably be expected to have
3had knowledge of the probable consequences
, including the extent of possible
4disciplinary action, of the alleged conduct.
AB606,21
5Section 21
. 62.50 (17) (b) 5. of the statutes is amended to read:
AB606,13,86
62.50
(17) (b) 5. Whether the chief discovered
substantial clear and convincing 7evidence that the subordinate violated the rule or order as described in the charges
8filed against the subordinate.
AB606,22
9Section 22
. 62.50 (18) of the statutes is amended to read:
AB606,13,1610
62.50
(18) Salary during suspension discipline. No chief officer of either
11department or member of the fire department may be deprived of any salary or wages
12for the period of time
suspended disciplined preceding an investigation or trial,
13unless the charge is sustained. No member of the police force may be
suspended 14disciplined under sub. (11) or (13) without pay or benefits until the matter that is the
15subject of the
suspension discipline is disposed of by the board or the time for appeal
16under sub. (13) passes without an appeal being made.
AB606,23
17Section 23
. 62.50 (19) of the statutes is amended to read:
AB606,14,918
62.50
(19) Charges by aggrieved person. In cases where duly verified charges
19are filed by any aggrieved person with the board of fire and police commissioners,
20setting forth sufficient cause for the
removal
discipline of any member of either of the
21departments, including the chiefs or their assistants, the board or chief may
suspend 22discipline such member or officer pending disposition of such charges. The board
23shall cause notice of the filing of the charges with a copy to be served upon the accused
24and shall set a date for the trial and investigation of the charges, following the
25procedure under this section. The board, or a 3-member panel of the board, shall
1decide by a majority vote and subject to the just cause standard described in sub. (17)
2(b) whether the charges are sustained. If sustained, the board
shall immediately
3determine whether the good of the service requires that the accused be removed,
4suspended from office without pay for a period not exceeding
may institute
5discipline, not to exceed 60 days
or reduced in rank without pay, demotion, reduction
6in rank, or discharge. If the charges are
reduced, changed, or not sustained, the
7accused shall be immediately reinstated
in his or her former position without
8prejudice
and shall be entitled to any pay and benefits lost or forfeited due to the
9original charges. The secretary of the board shall make the decision public.
AB606,24
10Section 24
. 62.50 (20) of the statutes is amended to read:
AB606,14,2111
62.50
(20) Circuit court review Appeal of board decision; notice. Any officer
12or member of either department
discharged, suspended or reduced who is
13disciplined, may, within 10 days after the decision and findings under this section are
14filed with delivered to the secretary of the board,
bring an action appeal that decision
15either to the circuit court of the county in which the city is located or to an arbitrator
16who shall be selected jointly by the parties to review the order. Following the
17arbitrator issuing a decision, an officer or member of either department may appeal
18that decision in the circuit court of the county in which the city is located to review
19the order.
Such An action shall begin by the serving of a notice on the secretary of
20the board making such order and on the city attorney of such city, which notice may
21be in
one of the following or similar
form forms:
AB606,14,2222
In Circuit Court, .... County.
AB606,14,2323
To .... Board of Fire and Police Commissioners.
AB606,14,2424
To .... City Attorney:
AB606,15,4
1Please take notice that I hereby demand that the circuit court of .... County
2review the order made by the Board of Fire and Police Commissioners on the ... day
3of ... A
.D
. ....
discharging, (or suspending) .... from the .... department [(if applicable)
4and affirmed by an arbitrator on the ... day of ... AD ...] to discipline me.
AB606,15,55
(Signed) ....
AB606,15,6
6In Circuit Court, .... County.
AB606,15,7
7To .... Board of Fire and Police Commissioners.
AB606,15,8
8To .... City Attorney:
AB606,15,11
9Please take notice that I would like to appeal, through arbitration, the order
10made by the Board of Fire and Police Commissioners on the ... day of ... AD ... to
11discipline me.
AB606,15,12
12(Signed) ....
AB606,25
13Section 25
. 62.50 (21) of the statutes is amended to read:
AB606,16,414
62.50
(21) Certification and return of record; hearing. Upon the service of
15the demand under sub. (20), the board upon which the service is made shall within
165 days thereafter certify to the clerk of the circuit court of the county
or the selected
17arbitrator all charges, testimony, and everything relative to the trial and
discharge,
18suspension or reduction in rank discipline of the member. Upon the filing of the
19return with the clerk of court
or the selected arbitrator, actions for review shall be
20given preference. Upon application of the
discharged disciplined member
or the
21board, the court
or arbitrator shall
fix a date for the trial which shall be no later than
2215 days after the date of the application except upon agreement between the board
23and the discharged or suspended member. The action shall be tried by the court
24without a jury and shall be tried upon the return made by the board. In determining
25the question of fact presented, the court shall be limited in the review thereof to the
1question: “Under the evidence is there just cause, as described in sub. (17) (b), to
2sustain the charges against the accused?" The court may require additional return
3to be made by the board, and may also require the board to take additional testimony
4and make return thereof schedule the matter as soon as practical.
AB606,26
5Section 26
. 62.50 (21m) of the statutes is created to read:
AB606,16,126
62.50
(21m) Scope of review. (a) The court or arbitrator shall conduct its
7review without regard to any action taken or decision made by the board and shall
8determine whether there is just cause, as described in sub. (17) (b). In making that
9determination, the court or arbitrator shall review the evidence independently and
10without deference to the board's findings of fact and conclusions of law. The court or
11arbitrator may take into account the credibility determinations of the board, but
12neither are bound by those determinations.
AB606,16,1513
(b) The court or arbitrator shall remand the board's decision if it finds that
14either the fairness of the proceedings or the correctness of the action has been
15impaired by a material error in procedure or a failure to follow prescribed procedure.
AB606,16,1916
(c) The court or arbitrator shall set aside or modify the board's decision if it finds
17that the board has erroneously interpreted a provision of law and a correct
18interpretation compels a particular result, or it shall remand the case to the board
19for further action that is consistent with current law.
AB606,16,2120
(d) The court or arbitrator shall reverse the board's decision if it finds that the
21board's exercise of discretion is one of the following:
AB606,16,2222
1. Outside the range of discretion delegated to the board by law.
AB606,16,2423
2. Inconsistent with a board rule, a board policy, or a board practice, unless such
24deviation is satisfactorily explained by the board in its ruling.
AB606,16,2525
3. In violation of a constitutional or statutory provision.
AB606,17,5
1(e) The court's or arbitrator's decision shall provide appropriate relief
2irrespective of the original form of the petition. If the court or arbitrator sets aside
3the board's decision or remands the case to the board for further proceedings, it may
4make such interlocutory order as it finds appropriate to preserve the interests of any
5party.
AB606,17,76
(f) If conducted by a court, the review described in this subsection shall be
7conducted without a jury.
AB606,17,168
(g) A review under this subsection shall be confined to the record, except that
9in cases of alleged irregularities in procedure before the board, the court or arbitrator
10may take additional testimony. If leave is granted to take additional testimony,
11depositions and written interrogatories may be taken before the date set for hearing
12in the manner provided in ch. 804. The court or arbitrator may allow for discovery,
13or require additional return to be made by the board, and may also require the board
14to take additional testimony and make return thereof. The court or arbitrator shall
15grant requests for discovery if there is credible evidence that it is necessary to further
16the appeal and provide the accused with due process.
AB606,27
17Section 27
. 62.50 (22) of the statutes is amended to read:
AB606,17,2518
62.50
(22) Costs; reinstatement. No costs may be allowed in the action to either
19party and the clerks'
or arbitrator's fees shall be paid by the city in which the
20department is located. If the decision of the board is reversed, the
discharged or
21suspended disciplined member shall
forthwith immediately be reinstated in his or
22her former position in the department and shall be entitled to pay the same as if not
23discharged or suspended. If the decision of the board is sustained, the order of
24discharge, suspension or reduction shall be final and conclusive in all cases 25disciplined.
AB606,28
1Section
28. 62.50 (26) of the statutes is repealed.
AB606,29
2Section 29
. 62.51 (1) (a) of the statutes is amended to read:
AB606,18,133
62.51
(1) (a) “Public office" means the following positions or their equivalent:
4city engineer; city purchasing agent; commissioner of building inspection, of city
5development, of health or of public works; director of administration, of budget and
6management, of community development agency, of employee relations, of office of
7telecommunications, or of safety; emergency management coordinator; employee
8benefits administrator; executive director of the commission on community
9relations; municipal port director; commissioner of assessments; director of liaison;
10city personnel director; executive director of the retirement board; executive director
11of the city board of election commissioners; city librarian; city labor negotiator;
12executive secretary of the board of fire and police commissioners; and supervisor of
13the central electronics board.
AB606,30
14Section 30
. 63.25 (1) (e) of the statutes is created to read:
AB606,18,1915
63.25
(1) (e) A requirement that 1st class cities shall give the same number of
16veterans preference points, with regard to competitive examinations, to applicants
17who apply for a position with the city on and after the first day of the 2nd month
18beginning after the effective date of this paragraph .... [LRB inserts date], as they
19gave before March 1, 2017.
AB606,31
20Section 31
. 66.0502 (4) (b) of the statutes is amended to read:
AB606,18,2421
66.0502
(4) (b) Subject to
par.
pars. (c)
and (e), a local governmental unit may
22impose a residency requirement on law enforcement, fire, or emergency personnel
23that requires such personnel to reside within 15 miles of the jurisdictional
24boundaries of the local governmental unit.
AB606,32
25Section 32
. 66.0502 (4) (e) of the statutes is created to read:
AB606,19,3
166.0502
(4) (e) A requirement imposed by a 1st class city under par. (b) does
2not apply to any individual serving on a board of fire and police commissioners
3described under s. 62.50 (1h).
AB606,33
4Section 33
.
Initial applicability.
AB606,19,95
(1) This act first applies to a vacancy on the board of fire and police
6commissioners, a vacancy on a board of police and fire commissioners, a vacancy in
7the office of chief of either department, a vacancy in a public office, or an action by
8an officer or member of either department which gives rise to the need for a
9disciplinary proceeding that occurs on the effective date of this subsection.