SB512: Bill Text

SB512,13,8 62.50 (17) (b) 5. Whether the chief discovered substantial clear and convincing evidence that the subordinate violated the rule or order as described in the charges filed against the subordinate.

SB512,22 Section 22 . 62.50 (18) of the statutes is amended to read:

SB512,13,16 62.50 (18) Salary during suspension discipline. No chief officer of either department or member of the fire department may be deprived of any salary or wages for the period of time suspended disciplined preceding an investigation or trial, unless the charge is sustained. No member of the police force may be suspended disciplined under sub. (11) or (13) without pay or benefits until the matter that is the subject of the suspension discipline is disposed of by the board or the time for appeal under sub. (13) passes without an appeal being made.

SB512,23 Section 23 . 62.50 (19) of the statutes is amended to read:

SB512,14,9 62.50 (19) Charges by aggrieved person. In cases where duly verified charges are filed by any aggrieved person with the board of fire and police commissioners, setting forth sufficient cause for the removal discipline of any member of either of the departments, including the chiefs or their assistants, the board or chief may suspend discipline such member or officer pending disposition of such charges. The board shall cause notice of the filing of the charges with a copy to be served upon the accused and shall set a date for the trial and investigation of the charges, following the procedure under this section. The board, or a 3-member panel of the board, shall decide by a majority vote and subject to the just cause standard described in sub. (17) (b) whether the charges are sustained. If sustained, the board shall immediately determine whether the good of the service requires that the accused be removed, suspended from office without pay for a period not exceeding may institute discipline, not to exceed 60 days or reduced in rank without pay, demotion, reduction in rank, or discharge. If the charges are reduced, changed, or not sustained, the accused shall be immediately reinstated in his or her former position without prejudice and shall be entitled to any pay and benefits lost or forfeited due to the original charges. The secretary of the board shall make the decision public.

SB512,24 Section 24 . 62.50 (20) of the statutes is amended to read:

SB512,14,21 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 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. Following the arbitrator issuing a decision, an officer or member of either department may appeal that decision in the circuit court of the county in which the city is located to review the order. Such 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:

SB512,14,22 In Circuit Court, .... County.

SB512,14,23 To .... Board of Fire and Police Commissioners.

SB512,14,24 To .... City Attorney:

SB512,15,4 Please take notice that I hereby demand that the circuit court of .... County review the order made by the Board of Fire and Police Commissioners on the ... day of ... A.D. .... discharging, (or suspending) .... from the .... department [(if applicable) and affirmed by an arbitrator on the ... day of ... AD ...] to discipline me.

SB512,15,5 (Signed) ....

SB512,15,6 In Circuit Court, .... County.

SB512,15,7 To .... Board of Fire and Police Commissioners.

SB512,15,8 To .... City Attorney:

SB512,15,11 Please take notice that I would like to appeal, through arbitration, the order made by the Board of Fire and Police Commissioners on the ... day of ... AD ... to discipline me.

SB512,15,12 (Signed) ....

SB512,25 Section 25 . 62.50 (21) of the statutes is amended to read:

SB512,16,4 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 or the selected arbitrator all charges, testimony, and everything relative to the trial and discharge, suspension or reduction in rank discipline of the member. Upon the filing of the return with the clerk of court or the selected arbitrator, actions for review shall be given preference. Upon application of the discharged disciplined member or the board, the court or arbitrator 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 schedule the matter as soon as practical.

SB512,26 Section 26 . 62.50 (21m) of the statutes is created to read:

SB512,16,12 62.50 (21m) Scope of review. (a) The court or arbitrator 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 or arbitrator shall review the evidence independently and without deference to the board's findings of fact and conclusions of law. The court or arbitrator may take into account the credibility determinations of the board, but neither are bound by those determinations.

SB512,16,15 (b) The court or arbitrator 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.

SB512,16,19 (c) The court or arbitrator 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.

SB512,16,21 (d) The court or arbitrator shall reverse the board's decision if it finds that the board's exercise of discretion is one of the following:

SB512,16,22 1. Outside the range of discretion delegated to the board by law.

SB512,16,24 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.

SB512,16,25 3. In violation of a constitutional or statutory provision.

SB512,17,5 (e) The court's or arbitrator's decision shall provide appropriate relief irrespective of the original form of the petition. If the court or arbitrator sets aside the board's decision or remands the case to the board for further proceedings, it may make such interlocutory order as it finds appropriate to preserve the interests of any party.

SB512,17,7 (f) If conducted by a court, the review described in this subsection shall be conducted without a jury.

SB512,17,16 (g) A review under this subsection shall be confined to the record, except that in cases of alleged irregularities in procedure before the board, the court or arbitrator may take additional testimony. If leave is granted to take additional testimony, depositions and written interrogatories may be taken before the date set for hearing in the manner provided in ch. 804. The court or arbitrator may allow for discovery, or require additional return to be made by the board, and may also require the board to take additional testimony and make return thereof. The court or arbitrator shall grant requests for discovery if there is credible evidence that it is necessary to further the appeal and provide the accused with due process.

SB512,27 Section 27 . 62.50 (22) of the statutes is amended to read:

SB512,17,25 62.50 (22) Costs; reinstatement. No costs may be allowed in the action to either party and the clerks' or arbitrator's fees shall be paid by the city in which the department is located. If the decision of the board is reversed, the discharged or suspended disciplined member shall forthwith immediately be reinstated in his or her former position in the department and shall be entitled to pay the same as if not discharged or suspended. If the decision of the board is sustained, the order of discharge, suspension or reduction shall be final and conclusive in all cases disciplined.

SB512,28 Section 28. 62.50 (26) of the statutes is repealed.

SB512,29 Section 29 . 62.51 (1) (a) of the statutes is amended to read:

SB512,18,13 62.51 (1) (a) “Public office" means the following positions or their equivalent: city engineer; city purchasing agent; commissioner of building inspection, of city development, of health or of public works; director of administration, of budget and management, of community development agency, of employee relations, of office of telecommunications, or of safety; emergency management coordinator; employee benefits administrator; executive director of the commission on community relations; municipal port director; commissioner of assessments; director of liaison; city personnel director; executive director of the retirement board; executive director of the city board of election commissioners; city librarian; city labor negotiator; executive secretary of the board of fire and police commissioners; and supervisor of the central electronics board.

SB512,30 Section 30 . 63.25 (1) (e) of the statutes is created to read:

SB512,18,19 63.25 (1) (e) A requirement that 1st class cities shall give the same number of veterans preference points, with regard to competitive examinations, to applicants who apply for a position with the city on and after the first day of the 2nd month beginning after the effective date of this paragraph .... [LRB inserts date], as they gave before March 1, 2017.

SB512,31 Section 31 . 66.0502 (4) (b) of the statutes is amended to read:

SB512,18,24 66.0502 (4) (b) Subject to par. pars. (c) and (e), a local governmental unit may impose a residency requirement on law enforcement, fire, or emergency personnel that requires such personnel to reside within 15 miles of the jurisdictional boundaries of the local governmental unit.

SB512,32 Section 32 . 66.0502 (4) (e) of the statutes is created to read:

SB512,19,3 66.0502 (4) (e) A requirement imposed by a 1st class city under par. (b) does not apply to any individual serving on a board of fire and police commissioners described under s. 62.50 (1h).

SB512,33 Section 33 . Initial applicability.

SB512,19,9 (1) This act first applies to a vacancy on the board of fire and police commissioners, a vacancy on a board of police and fire commissioners, a vacancy in the office of chief of either department, a vacancy in a public office, or an action by an officer or member of either department which gives rise to the need for a disciplinary proceeding that occurs on the effective date of this subsection.

SB512,19,10 (End)