AB606,15,55
(Signed) ....
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6In Circuit Court, .... County.
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7To .... Board of Fire and Police Commissioners.
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8To .... City Attorney:
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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.
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12(Signed) ....
AB606,25
13Section 25
. 62.50 (21) of the statutes is amended to read:
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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:
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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.
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(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.
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(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.
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(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:
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1. Outside the range of discretion delegated to the board by law.
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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.
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3. In violation of a constitutional or statutory provision.
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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.
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(f) If conducted by a court, the review described in this subsection shall be
7conducted without a jury.
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(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:
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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.
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1Section
28. 62.50 (26) of the statutes is repealed.
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2Section 29
. 62.51 (1) (a) of the statutes is amended to read:
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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.
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14Section 30
. 63.25 (1) (e) of the statutes is created to read:
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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.
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20Section 31
. 66.0502 (4) (b) of the statutes is amended to read:
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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.
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25Section 32
. 66.0502 (4) (e) of the statutes is created to read:
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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).
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4Section 33
.
Initial applicability.
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(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.