Village of Mukwonago, WI Board of Police Commissioners

Appointment. The chief shall appoint subordinates, subject to the approval by the board of police commissioners.

Promotion or list of those eligible. Such appointments shall be made by promotion when this can be done with advantage, otherwise from a list of eligible persons provided by examination and approval by the board of police commissioners, and kept on file with the Village Clerk.

Rules for choice; qualifications. For the choosing of such list, the board of police commissioners 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 board of police commissioners shall determine, and for the classifications of positions with special examination for each class. The board of police commissioners shall print and distribute the rules and all changes in them, at Village expense.

(d)

Exam. The examination shall be free for all citizens of the United States over 18 with proper limitations as to residence, health, habits and character. The examination shall be practical in its 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 board of police commissioners shall control examinations and may designate and change examiners, who may or may not be otherwise in the official service of the Village, and whose compensation shall be fixed by the board of police commissioners and paid by the Village. 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 means that 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.

§ 46-55 Suspensions and removals.

[Code 1966, § 2.13(5)]

The board of police commissioners may suspend a chief upon its own initiative or pending investigation of written charges made by an elector of the Village and filed with the president of the board. The board of police commissioners shall not remove a chief except upon such written charges.

A subordinate may be suspended as provided in this section as a penalty. He may also be suspended by the commission pending the disposition of the charges filed against him. Charges may be filed against a subordinate by the chief, by a member of the board of police commissioners, by the board of police commissioners as a body, or by a resident of the Village. Such charges shall be in writing, and shall be filed with the president of the board of police commissioners. Pending disposition of such charges, the board of police commissioners or chief may suspend such subordinate.

A subordinate may be suspended for cause by the chief or the board of police commissioners as a penalty. The chief shall file a report of such suspension with the board of police commissioners immediately upon issuing the suspension. No hearing on such suspension shall be held unless requested by the suspended subordinate. If the subordinate suspended by the chief requests a hearing before the board of police commissioners, the chief shall be required to file charges with the board of police commissioners upon which such suspension was based.

(d)

Following the filing of charges in any case, a copy thereof shall be served upon the person charged. The board of police commissioners shall set a date for the hearing, not less than 10 days, nor more than 30 days, following service of charges. The hearing on the charges shall be public, and both the accused and complainant may be represented by an attorney, and may compel the attendance of witnesses by subpoena which shall be issued by the president of the board of police commissioners on request, and served as subpoenas under W.S.A., ch. 885.

(e)

If the board determines that the charges are not sustained, the accused, if he has been suspended, shall be immediately reinstated, and all lost pay shall be restored to him. If the board of police commissioners determines the charges are sustained, the accused, by the order of the board of police commissioners, may be suspended, reduced in rank, or suspended and reduced in rank, or removed, as the good of the service may require.

(f)

Findings and determinations under this section 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 board of police commissioners.

(g)

Further rules for the administration of this section may be made by the board of police commissioners.

(h)

No person shall be deprived of compensation while suspended pending disposition of charges.

(i)

Any person suspended, reduced, suspended and reduced, or removed by the board of police commissioners may appeal from the order of the board of police commissioners to the circuit court by serving written notice thereof on the secretary of the board of police commissioners within 10 days after the order is filed. Within five days thereafter, the board of police commissioners 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 of the board of police commissioners, 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 board of police commissioners, except that the court may require further return or the taking and return of further evidence by the board of police commissioners. The question to be determined by the court shall be: Upon the evidence, was the order of the board of police commissioners reasonable? No costs shall be allowed either party, and the Clerk's fees shall be paid by the Village. If the order of the board of police commissioners is reversed, the accused shall be forthwith reinstated and entitled to his pay as though in continuous service. If the order of the board of police commissioners is sustained, it shall be final and conclusive.

§ 46-56 Dismissals and reemployment.

[Code 1966, § 2.13(6)]

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.

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 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.

The name of a subordinate dismissed for any cause set forth in this section shall be left on an eligible reemployment list for a period of two years after the date of dismissal. If any vacancy occurs, or if the number of subordinates is increased in the department, such vacancy or new positions shall be filled by persons on such list in the inverse order of the dismissal of such persons.

§ 46-57 Compensation.

[Code 1966, § 2.13(7)]

The salaries of chief and subordinates shall be fixed by the Village Board. All other moneys of any nature received by them shall be accounted for and paid to the Village Treasurer. Such salaries, when so fixed, may be increased, but not decreased, by the Village Board, without a previous recommendation of the board of police commissioners. The Village Board may provide that the salaries shall increase with length of service, and nothing in this section shall interfere with the power of the Village Board to grant a pension entitled thereto.

The Village Board shall provide for, and the Chief of Police shall assign to each police officer in the service of the Village, one full day of rest of 24 consecutive hours during each 192 hours, except in cases of positive necessity by some sudden and serious emergency, which, in the judgement of the chief, 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 times as will not impair the efficiency of the department.