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Village of Whitefish Bay, WI
Milwaukee County
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[Adopted as Secs. 3.04 through 3.08 of the Codification]
[Amended at time of adoption of Code (see Ch. 17, Village Code and Ordinances, Art. I)]
A. 
Chief of Police shall furnish to the Village Manager weekly a schedule of his on-duty hours during the succeeding week. In case it becomes necessary to change such schedule, the Chief shall furnish the Village Manager with a written schedule embodying such changes.
B. 
Hours of duty of the Chief of Police in excess of an eight-hour day are not to be considered as overtime to be returned to him in the form of time off. He shall be on duty during such hours as are necessary to enable him to properly supervise the work of the department to the satisfaction of the Village Board and the Village Manager.
The manning of the Police Department shall be as determined by the Village Board from time to time, subject to any requirements of the Wisconsin Statutes and other provisions of this Municipal Code.
A. 
Seniority in rank.
(1) 
Lieutenants. The Lieutenant on duty and the senior lieutenant in length of service when more than one lieutenant is on duty shall act as Chief during the absence or illness of the Chief of Police, unless otherwise ordered by the Chief or the commission, and during such time shall be in complete temporary charge of the Police Department and exercise temporarily all powers delegated to and be liable for the performance of the duties of the Chief. Upon going off duty, he shall file a report and as soon as possible thereafter shall turn over to the Chief all moneys received from accused persons.
(2) 
Sergeant. The Sergeant shall act as Chief during the absence or illness of the Chief of Police and the lieutenants, unless otherwise ordered by the Chief or commission, and during such time shall be in complete temporary charge of the Police Department and exercise temporarily all the powers delegated to and be liable for the performance of the duties of the Chief. Upon going off duty, he shall file a report and as soon as possible thereafter shall turn over to the Chief all the moneys received from accused persons.
A. 
Monthly salaries. The salaries of the members of the Police Department shall be as provided in the general salary ordinance adopted by the Village Board pursuant to § 5-1 of this Code.
B. 
All services included. Said salaries shall be in full for all services imposed upon each member of the department and in full for all fees received by each member for travel or attendance as a witness in any case or proceeding in which this Village is a party.
C. 
Deductions. There shall be deducted from each payment hereafter made to each member of the department and paid into the Policemen's Pension Fund of said Village or the Wisconsin Retirement Fund that percent of the salary of such member prescribed by state statute as his contribution to the fund of which he is a participating member.
General rules of administration of the Police Department shall be adopted by the Village Board and published in a manual suitable for distribution to members of the department.
[Amended by Ord. No. 1548]
A. 
In the event that a police officer believes himself aggrieved by a decision or order of a superior, he may obtain a review of such decision or order by appealing to the officer above such superior in authority. Such appeal shall be in writing and a copy shall be provided to the officer from whose decision or order the appeal is made. The officer to whom the appeal is made shall thereupon promptly schedule a conference at a convenient time and place for the aggrieved officer and his superior; providing, however, that either or both may be present in person or by or with a representative of their own choosing.
B. 
After the conference, the officer to whom the appeal is directed shall make his decision in writing. If the aggrieved officer is not satisfied with the decision on appeal, he may appeal further, in the same manner, up to the Chief of Police, and thereafter to the Village Manager. In each instance, the procedure shall be the same up to written decision.
C. 
The Police Officer may appeal the decision of the Village Manager to an arbitrator designated by the WERC for final and binding arbitration. The Village and the association shall share any costs of such appeal. The arbitrator shall have no power to change or abrogate any collective bargaining agreement, any written rule of the Police Commission, or any written rule or regulation established for the Police Department by the Village Board.
[Amended at time of adoption of Code (see Ch. 17, Village Code and Ordinances, Art. I)]
D. 
Such procedure shall be used promptly upon the issuance of the decision or order to which objection is made; provided, however, that if the complained-of order or decision occurs when an offense is occurring or threatened, or in the course of an investigation or arrest, or when preemptive action is necessary or desirable, the particular decision or order shall be respected and appeal therefrom made at such time that jeopardy or hazard is not involved. It is not the intention of this procedure to allow a review of stale orders or decisions issued prior to the date of adoption of this article.
E. 
This grievance procedure is not applicable to any act or omission for which disciplinary action is involved penalty imposed as discipline. Any conduct related in any respect to discipline is solely and entirely governed by the Chief of Police and the Police Commission pursuant to the statute.
[Amended at time of adoption of Code (see Ch. 17, Village Code and Ordinances, Art. I)]