[Adopted 1-2-2020 by Ord. No. 19-31; amended in its entirety 7-2-2020 by Ord. No. 20-12]
A.
The purpose of the Police Commission is to provide for independent
supervision of the Chief of Police of the Menominee Indian Tribe of
Wisconsin, and provide oversight for the Menominee Tribal Police Department
while supporting the Tribe's duty to maintain the health, safety and
welfare of the community.
B.
The goals of the Police Commission are:
(1)
Provide the community with a professional and effective law enforcement
agency that is responsive and respectful while serving the community.
(2)
Strengthen the relationship between the community and the police
by providing an accessible and credible complaint review process and
increasing the community's confidence in the Department.
(3)
Provide an open and independent forum for the community to express
concerns about police conduct.
The following definitions shall apply to this article:
The Tribal Administrator, Finance Manager, Human Resources
Manager, and Director of the Legal Services Department of the Menominee
Indian Tribe of Wisconsin.
The highest-ranking law enforcement officer of the Menominee
Tribal Police Department.
A board comprised of five tribal members of the Menominee
Indian Tribe of Wisconsin.
Tribal members appointed by the Tribal Legislature to serve
as Police Commissioners of the Menominee Indian Tribe of Wisconsin.
A conflict of interest occurs when a Police Commissioner
has a family relationship to or financial interest in any complaint
or investigation.
The Menominee Tribal Police Department.
All lands located within the exterior boundaries of the Reservation
as defined by the Treaty of 1856 and any subsequent lands over which
the Menominee Indian Tribe exercises jurisdiction.
All civilian personnel of the Menominee Tribal Police Department.
All qualified and sworn members of the Menominee Tribal Police
Department.
As defined as "immediate family" and/or "extended family"
pursuant to the Menominee Indian Tribe of Wisconsin Personnel Policies
and Procedures Manual.
The legislative body of the Menominee Indian Tribe of Wisconsin.
The Menominee Tribal Police Department.
The Menominee Indian Tribe of Wisconsin.
The Menominee Tribal Police Commission shall supervise the Chief
of Police and oversee all complaints and disciplinary actions against
the Chief of Police while also ensuring that the Chief of Police appropriately
handles investigations of alleged employee misconduct and disciplinary
actions against police officers or Police Department personnel. In
addition, the Commission may also review and approve Police Department
policies and procedures or amendments thereto.
A.
The Commission shall consist of five members, whose term of office
shall be five years staggered. The Tribal Legislature, through a random
process, shall stagger the terms of the initial Commission. Members
may be reappointed for consecutive terms.
B.
Appointment process.
(1)
Within 60 days prior to the end of a current Commissioner's term,
or upon a vacancy, the Tribal Legislature shall post the opening of
a position, and the requirements sought. The posting shall request
that the individuals interested in serving on the Commission submit
a letter of interest and qualifications to the Tribal Chair's office.
(2)
The Human Resources Department shall screen the applicants to ensure
that the composition makeup of the Commission meets all the membership
requirements listed below, and recommend applicants who meet the qualifications
to the Tribal Legislature within 15 days of receipt of all applications.
(3)
The Tribal Legislature shall appoint a candidate from the candidate
recommendations.
(4)
Upon appointment by the Tribal Legislature, the Commission member
shall be sworn into office by a Tribal Court Judge.
C.
Police Commission membership requirements.
(1)
All Commission members and candidates shall:
(a)
Be a member of the Menominee Indian Tribe of Wisconsin;
(b)
Pass a drug test and criminal background check prior to being
considered by the Legislature for appointment;
(c)
Possess supervisory capability and submit proof of supervisory
training; and
(d)
Possess relevant and significant qualifications and experience
in at least one of the following categories of human resources, law,
complaint investigations/adjudications, policing/public safety/law
enforcement, and/or contract administration.
(2)
All Commission members and candidates shall not:
(a)
Have a felony conviction.
(b)
Have been convicted of any misdemeanor offense within one year
of application and during tenure.
(c)
Have been convicted of any drug or alcohol misdemeanor offense
within the last five years and during tenure.
(d)
Have been convicted of any misdemeanor domestic violence or
sexual assault convictions.
(e)
Be currently employed by the Menominee Tribal Police Department.
(f)
Have been terminated for cause by any police department.
(g)
Have resigned within the past year from any police department.
(h)
Be an immediate family member, as defined in the Menominee Indian
Tribe of Wisconsin Personnel Policies and Procedures Manual, to the
Chief of Police.
(4)
The Commission shall be composed of at least one resident of the
following communities:
(a)
Keshena.
(b)
Neopit.
(c)
Middle Village, South Branch, or Zoar.
If after the initial posting of 30 days, a representative from
one of the above communities cannot be found, the Commission vacancy
shall be filled with an at-large candidate, which may include an off-Reservation
candidate, so long as the other Commission composition requirements
are still maintained.
D.
Election of officers.
(1)
The Commission members shall nominate a Commission Chairperson by
motion and majority vote. The Commission Chairperson shall be the
presiding officer at all meetings and shall perform duties pertaining
to the office. The Commission Chairperson's term shall be for one
year or until a successor is nominated. Failure of the Commission
Chairperson to perform his/her duties shall result in the Commission
removing the Commission Chairperson from his/her role and responsibility.
The Commission Chairperson is a voting member of the Commission, but
he/she shall abstain from voting when there is a conflict of interest.
(2)
The Commission members shall nominate a Vice Chairperson by motion
and majority vote. The Vice Chairperson shall be the presiding officer
at all meetings and shall perform duties pertaining to the office
during the absence of the Commission Chairperson. The Vice Chairperson's
term shall be for one year or until a successor is nominated. Failure
of the Vice Chairperson to perform his/her duties shall result in
the Commission removing the Vice Chairperson from his/her role and
responsibility.
E.
The Chairperson of the Law Enforcement and Resource Protection Committee
shall serve as an ex-officio member of the Commission for purposes
of obtaining a quorum, and shall have voting rights during those meetings.
A.
In the event a Commissioner fails to maintain all of the Commissioner
membership requirements for the tenure of his/her term, he or she
shall be removed by the Tribal Legislature.
B.
A Commissioner shall also be removed by the Tribal Legislature for
a failure to perform his/her duties as a Commissioner.
C.
A Commissioner shall also be removed by the Tribal Legislature in
the event the Commission Chairperson notifies the Tribal Legislature
that he/she missed more than three consecutive meetings in any twelve-month
time period without good cause.
D.
A Commissioner shall be removed by Tribal Legislature for failure
to remove him-/herself from cases due to a conflict of interest.
E.
The Commission can recommend removal of a member to the Tribal Legislature
for any of the above-specified reasons. However, the Tribal Legislature
maintains its authority to remove any member of the Commission.
In the event a Commissioner possesses a conflict of interest
on a particular issue, he or she shall disqualify himself/herself
from the decision-making process. If the Commissioner fails to disqualify
himself/herself, and the conflict of interest is apparent to the remaining
Commissioners, they shall remove him/her by a majority vote. Repeated
failures to recuse oneself for a conflict of interest shall result
in removal from the Commission by the Tribal Legislature.
All Commissioners shall not reveal any confidential information
regarding personnel matters, investigations, and disciplinary hearings.
Sharing of confidential information shall result in the removal of
the Commissioner(s) who divulged the confidential information.
A.
The Commission shall, in accordance with the Tribe's Personnel Policies
and Procedures, supervise, discipline and, if determined to be necessary,
remove the Chief of Police from office.
B.
The Commission shall review and approve all policies and procedures
of the Menominee Tribal Police Department. If the policy/procedure
has already been reviewed and approved by the Administrative Committee,
when the Commission approves the policy/procedure, the policy/procedure
shall become effective upon approval by the Commission. Within one
year of the effective date of this Code, the Commission shall conduct,
or cause to be conducted, recommendations to amend such Policies and
Procedures for consistency with this article. All such policies and
procedures shall be consistent with Menominee Tribal laws, regulations,
ordinances and contractual obligations.
(1)
The Commission may recommend changes and additions to policies and
procedures based upon issues identified by the community or the Commission.
(2)
The Tribal Legislature or Administrative Committee may recommend
changes and additions to policies and procedures to the Commission
for consideration.
C.
A member of the Commission may participate in the hiring and promotion
decisions of the Police Department, but the Chief of Police retains
the authority to select a candidate to hire or promote. The Chief
of Police's actions must be consistent with tribal law, departmental
policies, and the Tribe's personnel policies and procedures.
D.
The Commission, with the input from the Chief of Police and Administrative
Committee, may provide a recommendation for hiring, promotion, suspension
and removal of personnel and officers of the Police Department to
the applicable supervisor of the personnel and officers.
E.
The Commission shall oversee all complaints against the Chief of
Police.
F.
The Commission shall ensure that complaints against Department personnel
and officers are investigated, and responded to appropriately by the
Chief of Police or appropriate individual(s). The Commission shall
also ensure that allegations of officer misconduct are reported to
BIA Internal Affairs, investigated, and appropriate disciplinary action
is taken by the supervisor of the officer.
G.
The Commission shall make complaint forms accessible to the public
and ensure all tribal agencies know the complaint process and where
to submit a complaint form.
H.
The Commission shall review all reports and audits conducted by the
Bureau of Indian Affairs, or any other entity's reports or audits
that are submitted to the Chief of Police.
I.
The Commission shall review closed complaints and disciplinary cases
involving conduct related to the Police Manual every six months to
determine whether improvements to Department policies and procedures
are needed. The Commission shall not reopen closed cases, but shall
only review the cases to determine needed improvements in policies
and procedures.
J.
The Commission shall review all use-of-force reports, including shooting
incidents, to keep track of when officers use force, which officers
use force, and in what type of circumstances force is being used.
The Commission shall identify patterns and trends and adjust policies
and procedures and training when appropriate based on this review.
The Commission shall work toward increasing public awareness of the
Commission and the Police Department.
(1)
The Commission shall provide public notice of its monthly meetings,
provided that all items involving disciplinary and personnel matters
shall be held in executive session.
(2)
The Commission shall ensure that the Chief of Police develops programs
aimed at interaction with and education of the community.
K.
The Commission, for any reason, may request that the Tribal Legislature
appoint an independent police auditor/investigator to monitor a particular
complaint of investigation.
L.
The Commission shall provide an annual report to the Tribal Legislature
on the following:
(1)
Statistics on the number of complaints and disciplinary complaints
on the Chief of Police, and Police Department personnel and officers,
along with the status of each complaint;
(2)
The results of the yearly evaluation of the Department;
(3)
The number of policies and procedures recommended for changes;
(4)
The goals for the following year; and
(5)
Any other issues the Commission deems important and appropriate.
M.
In conjunction with the Administrative Committee, the Commission
shall conduct a yearly evaluation of the Department. The evaluation
should include, but is not limited to:
(1)
Interviews with Department personnel and officers.
(2)
An anonymous survey of all Department personnel and officers regarding
working conditions and overall satisfaction with the Department.
(3)
A review of policies and procedures.
(4)
A review of Department statistics.
(5)
A BIA program self-evaluation in accordance with the BIA 638 contract.
N.
The Commission shall not respond to police scenes or calls for assistance.
The Commission shall have the ability to utilize the services
of the Administrative Committee members, and their respective departments,
to assist with carrying out the duties of the Police Commission. Should
a conflict of interest arise, the Commission may recommend that the
Tribal Legislature hire independent assistance for the Commission
based on the situation.
A.
The Police Commission supervises, disciplines the Chief of Police, and may act to remove the Chief of Police pursuant to Article III of this chapter.
B.
The Police Commission shall conduct a yearly evaluation of the Chief
of Police. The evaluation shall include, but is not limited to:
(1)
Interviews with Department personnel and officers.
(2)
Conduct an anonymous survey of all police officers and personnel
to determine overall satisfaction with the Chief of Police with a
focus on whether he or she is adhering to the job description or duties
listed in the Police Policies and Procedures.
(3)
Conduct a review of complaints and/or disciplinary actions against
the Chief of Police.
(4)
A review of any updated policies and procedures that the Chief of
Police initiated or that were recommended to the Chief of Police.
C.
Disciplinary action may be taken against the Chief of Police based
upon the results of a BIA Internal Affairs Investigation, independent
investigation or as a result of the Commission's oversight of the
Chief of Police. The Commission shall utilize the assistance of tribal
administration, legal services department, and human resources when
taking disciplinary action against the Chief of Police to ensure that
all laws, regulations, policies and contractual obligations are complied
with. Any disciplinary action must be taken in accordance with tribal
law, policies and procedures. Disciplinary action may include but
is not limited to counseling, training, probation, suspension, or
removal from office.
D.
The Commission may suspend the Chief of Police during an investigation
involving his/her conduct in accordance with the Personnel Policies
and Procedures Manual. Any suspensions during an investigation shall
be without pay.
E.
Any misconduct that is criminal in nature shall be referred to the
appropriate law enforcement agency.
A.
Police officer or personnel complaints against the Chief of Police
shall be filed with the Commission. The Commission's Chairperson or
his/her designee shall oversee the investigation. If the complaint
involves an allegation of misconduct, the matter shall also be referred
to BIA Internal Affairs. The Commission Chairperson shall ensure that
all complaints are investigated and reported to the Commission. The
Commission shall determine whether any disciplinary action needs to
be taken and notify the complainant whether the complaint was sustained,
not sustained or unfounded.
B.
Police officers and personnel may also make any complaint about working
conditions to the Tribe's Human Resources Department. No disciplinary
action may be taken against a police officer or personnel for making
such a complaint. The Tribe's Human Resources Department shall conduct
the investigation. Any report shall be submitted to the Chief of Police
who may share with the Police Commission, but the Commission shall
not be involved in any action falling under this subsection, unless
the complaint about the working conditions are a direct result of
the Chief of Police's actions.
A.
All public complaints involving officers and personnel shall be filed
in writing with the Police Commission. Once a complaint is received
it will be classified as either internal affairs or other matter.
If it is an allegation of misconduct, the complaint must be forwarded
to BIA Internal Affairs. The Commission shall ensure that all other
matters are investigated and responded to appropriately within 45
days of receipt of the complaint.
B.
Members of the public may also make complaints directly to BIA Internal
Affairs. The Commission shall ensure that the community has the information
necessary to make a complaint directly to BIA Internal Affairs.
C.
The Commission shall be notified by the Chief of Police of any BIA
Internal Affairs matter. The notification shall contain the name of
the officer and/or employee. The Chief shall provide a monthly report
to the Commission with the number of complaints filed, the number
of complaints in each category and the status of the complaints.
D.
The Chief of Police shall also provide a monthly report to the Commission
regarding complaints of use of force and the outcome of any investigations
of use of force.
E.
Any investigation involving criminal activities shall immediately
be referred to the appropriate law enforcement agency.
F.
The Chief of Police shall not discuss any ongoing investigation with
the Commission.
A.
The Commission shall meet monthly. Meetings shall be open to the
public, unless the matter is a confidential executive session matter.
B.
The public portion of the meeting may include, but is not limited
to, the following:
(1)
A report by the Chief of Police, including statistics of the number
of incidents responded to in the last month, types of calls, convictions,
any public service by the Police Department and number of complaints
filed and investigated. A courtesy copy of this monthly report shall
be forwarded from the Commission Chairperson to the Tribal Legislature.
(2)
Review of any policies and procedures.
(3)
Public comment period.
C.
Meeting dates, times and agendas shall be posted in accordance with
the Tribe's posting procedures.
D.
The Commission Chairperson may also call special meetings to attend
to urgent matters that cannot wait for the next monthly meeting.
The Commissioners shall receive a monthly stipend, set by motion
of the Tribal Legislature.
If any word, clause, phrase, sentence, subsection, section or
other provision of this article is held invalid by a court of competent
jurisdiction, the invalidity shall not affect any other provisions
or applications of this law that can be given effect without the invalid
provision.
This article shall become effective immediately upon final approval.
