[Adopted 12-23-1964 by Ord. No. 1 as Ch. 4 of the 1964 Code]
There is hereby created a Police and Fire Commission consisting
of five citizens, three of whom shall constitute a quorum. The Mayor
shall annually, between the last Monday of April and the first Monday
of May, appoint one member, subject to the confirmation of the Council,
for a term of five years and such person's name shall be filed
in writing with the Secretary of the Commission. The Commission shall
keep a record of its proceedings.
The Commission shall appoint the Chief of Police, who shall
hold his office during good behavior, subject to suspension or removal
by the Commission for cause.
A.
Appointments. The Chief shall appoint subordinates subject to approval
by the Commission. Such appointments shall be made by promotion when
this can be done with advantage; otherwise, from an eligible list
provided by examination and approval by the Commission and kept on
file with the Clerk.[1]
B.
Choosing eligible list. For the choosing of such list the Commission
shall adopt, and may repeal or modify, rules calculated to secure
the best service in the Department. These rules shall provide for
examination of physical and educational qualifications, habits, reputation,
and experience and may provide such competitive examinations as the
Commission shall determine and for the classification of positions
with special examination for each class. The Commission shall print
and distribute the rules and all changes in them, at City expense.[2]
C.
Examinations. The examinations shall be free for all citizens of
the United States over 18 years of age, with proper limitations as
to residence, health, habits and character. They shall be practical
in character and relate to those matters which will fairly test the
capacity of the candidates for the positions they seek, and may include
tests of manual skill and physical strength. The Commission shall
control examinations and may designate and charge examiners, who may
or may not be otherwise in the official service of the City, and whose
compensation shall be fixed by the Commission and paid by the City.
In the case of veterans, other conditions being equal, a preference
shall be given in favor of veterans of any of the wars of the United
States. Preference is defined to mean whenever an honorably discharged
veteran competes in any examination he shall be accorded five points,
and if such veteran has a disability which is directly or indirectly
traceable to war service, he shall be accorded another five points,
in addition to earned ratings therein, except that such preference
shall not be granted to any veteran competing in such examination
who has not obtained at least a passing grade.[3]
D.
Reemployment of retired personnel. Any person who has completed at
least 20 years of service on an authorized police department and who
has retired on the assumption that he was eligible for a pension under
§§ 40.01 to 40.08, Wis. Stats., and all amendments
thereto, may be reemployed in a position commensurate with his physical
and mental abilities within the Department for such a period as may
be required to make him eligible for a pension without regard to the
qualifications imposed on persons first entering such service.
A.
Suspension. A subordinate may be suspended as hereinafter provided
as a penalty. He may also be suspended by the Commission pending the
disposition of charges filed against him.
B.
Filing of charges. Charges may be filed against a subordinate by
the Chief, by a member of the Commission, by the Commission as a body,
or by an elector of the City. Such charges shall be in writing and
shall be filed with the Chairperson of the Commission. Pending disposition
of such charges, the Commission or Chief may suspend such subordinate.[1]
C.
Procedure on suspension. A subordinate may be suspended for cause
by the Chief or the Commission as a penalty. The Chief shall file
a report of such suspension with the Commission immediately upon issuing
the suspension. No hearing of such suspension shall be held unless
requested by the suspended subordinate. If the subordinate suspended
by the Chief requests such a hearing before the Commission, the Chief
shall be required to file charges with the Commission upon which such
suspension was based.
D.
Hearing on charges. Following the filing of charges in any case,
a copy thereof shall be served upon the person charged. The Commission
shall set the date for the hearing not less than 10 days nor more
than 30 days following service of such charges. The hearing on the
charges shall be public, and both the accused and the complainant
may be represented by an attorney and may compel the attendance of
witnesses by subpoenas which shall be issued by the Chairperson of
the Commission on request and be served as are subpoenas in justice
court.[2]
E.
Action by Commission on charges. If the Commission determines that
the charges are not sustained, the accused, if suspended, shall be
immediately reinstated and all lost pay restored. If the Commission
determines that the charges are sustained, the accused, by order of
the Commission, may be suspended, or reduced in rank, or suspended
and reduced in rank, or removed, as the good of the service may require.
No subordinate may be suspended, reduced in rank, suspended and reduced
in rank, or removed by the Commission unless the Commission determines
whether there is just cause as described in § 62.13(5)(em),
Wis. Stats., to sustain the charges.
[Amended 7-6-2000 by Ord. No. 1030]
F.
Filing of written findings. Findings and determinations hereunder
and orders of suspension, reduction, suspension and reduction, or
removal shall be in writing and, if they follow a hearing, shall be
filed within three days thereof with the Secretary of the Commission.
G.
Rules for administration. Further rules for the administration of
this section may be made by the Commission.
H.
Compensation to be paid during suspension. No person shall be deprived
of compensation while suspended pending disposition of charges.
I.
Appeal from disciplinary action. Any person suspended, reduced, suspended
and reduced, or removed by the Commission may appeal from the order
of the Commission to the Circuit Court by serving written notice of
the appeal on the Secretary of the Commission within 10 days after
the order is filed. Within five days after receiving written notice
of the appeal, the Commission shall certify to the Clerk of the Circuit
Court the record of the proceedings, including all documents, testimony
and minutes. The action shall then be at issue and shall have precedence
over any other cause of a different nature pending in the Court, which
shall always be open to the trial thereof. The Court shall upon application
of the accused or the Commission fix a date of trial, which shall
not be later than 15 days after such application except by agreement.
The trial shall be by the Court and upon the return of the Commission,
except that the Court may require further return or the taking and
return of further evidence by the Commission. The question to be determined
by the Court shall be: upon the evidence is there just cause, as described
under § 62.13(5)(em), Wis. Stats., to sustain the charges
against the accused. No costs shall be allowed either party, and the
Clerk's fees shall be paid by the City. If the order of the Commission
is reversed, the accused shall be forthwith reinstated and entitled
to pay as though in continuous service. If the order of the Commission
is sustained, it shall be final and conclusive.
[Amended 7-6-2000 by Ord. No. 1030]
A.
Order of layoff. When it becomes necessary, because of need for economy,
lack of work or funds, or for other just causes, to reduce the number
of subordinates, the emergency, special, temporary, part-time, or
provisional subordinates, if any, shall be dismissed first, and thereafter
subordinates shall be dismissed in the order of the shortest length
of service in the Department.
B.
Reducing higher positions. When it becomes necessary for such reasons
to reduce the number of subordinates in the higher positions or offices,
or to abolish any higher positions or offices in the Department, the
subordinate or subordinates affected thereby shall be placed in a
position or office in the Department less responsible according to
his efficiency and length of service in the Department.
C.
Subordinates laid off to be placed on eligible list. The name of
a subordinate dismissed for any cause set forth in this section shall
be left on an eligible reemployment list for two years after date
of dismissal. If any vacancy occurs, or if the number of subordinates
is increased, in the Department, such vacancy or new position shall
be filled by persons on such list in the inverse order of the dismissal
of such persons.
A.
To be fixed by Council. The salaries of Chief of Police and subordinates
shall be fixed by the Council. Such salaries when so fixed may be
increased but not decreased by the Council without a previous recommendation
of the Commission. The Council may provide that the salaries shall
increase with length of service.[1]
B.
Rest days for police officers. The Council shall provide for and
the Chief of the Police Department shall assign to each police officer
in the service of the City two full rest days of 24 consecutive hours
during each 192 hours, except in cases of positive necessity by some
sudden and serious emergency which, in the judgment of the Chief of
Police, demands that such day of rest be not given at such time. Arrangements
shall be made so that each full rest day may be had at such time or
times as will not impair the efficiency of the Department.
C.
Workdays of police officers. The Council shall provide for a working
day of not more than eight hours in each 24 except in cases of positive
necessity by some sudden and serious emergency which, in the judgment
of the Chief of Police, demands that such workday shall be extended
beyond the eight-hour period at such time, and when such emergency
ceases to exist, all overtime given during such emergency shall be
placed to the credit of such police officers and additional days of
rest given therefor.
A.
The Council
may provide by ordinance for either a paid or a volunteer Fire Department
and for the management and equipment of either insofar as not otherwise
provided for by law. If there is a paid department, the full paid
force shall be divided into two platoons, each of which shall be on
duty alternately. The Commission shall fix the hours of duty, which
shall be as nearly equal as practicable, and no firefighter shall
be continuously on duty longer than the Commission shall have thus
determined, except in case of a peril which in the judgment of the
officer in charge makes it a positive necessity.
B.
The Council,
at such time as the City shall have a paid Fire Department, shall
provide for and the Fire Chief shall divide the full said fire-fighting
force in the Fire Department into two bodies or platoons. Each platoon
shall work or be on duty alternately an equal number of hours or as
nearly so as the Fire Chief shall decide, provided that no member
of the platoon shall be on duty for a longer continuous period of
time than the Fire Chief shall designate, except in cases of positive
necessity by some sudden and serious fire, accident, or other peril
which in the judgment of the Chief or other officer in charge demands.
Any person employed who can qualify shall become a participating
employee for pension purposes under §§ 40.01 to 40.08,
Wis. Stats., and all amendments thereto.
At such time as the City shall have a paid Fire Department,
any person thereafter employed and who can otherwise qualify shall
be, or become, a participating employee for pension purposes under
§§ 40.01 to 40.08, Wis. Stats., and all amendments
thereto.
Subject to approval of the Council, the Fire Chief may establish
rules requiring firefighters to obtain permission before leaving the
City.
