[Adopted as Title 5, Chapter 5 of the Code
of Ordinances]
A.
Appointment of Chiefs. The Police and Fire Commission
shall appoint the Chiefs of the Police and Fire Departments, who shall
hold office after successfully completing a one-year probationary
term, during good behavior, subject to suspension or removal by the
Commission for cause.
B.
Eligibility for Chief position. For the position of
Chief, the Commission may appoint a suitable person, in its discretion,
who need not be a member of the Department or a resident of the city.
If the selected Chief is a nonresident of the city, he or she shall
establish residence within 180 days after appointment.
C.
Subordinate positions; eligible list.
(1)
After each examination for appointments to the police
or fire service, the Commission shall prepare an eligible list which
shall contain the names of those applicants who have received a passing
mark, in the order of their rank. The list shall be kept in the files
of the Commission and copies thereof shall be furnished to the Chief
of each Department. A copy shall also remain on file with the City
Clerk-Treasurer. The eligible list shall expire at the end of one
year from the date filed, unless continued in force for a longer period
or discontinued prior thereto by order of the Commission.
(2)
The Chief shall make appointments to all positions
from the eligible list so provided. The appointments so made shall
be subject to approval by the Commission.
D.
Probationary period. All appointees (subordinates
only) shall be on probation for one year. If during the first year
of actual service in the new position the person appointed proves
unsatisfactory or undesirable for the position, the Chief may dismiss
him or her from the service or may reduce the person in rank, if the
appointment was promotional. The appointees shall not be entitled
to any appeal to the Commission from such dismissal or reduction in
rank.
A.
A subordinate may be suspended as herein provided
as a penalty. A subordinate may also be suspended by the Commission
pending the disposition of charges filed against him or her.
B.
Charges may be filed against a subordinate by the
Chief, by a member of the Commission, by the Commission as a body
or by any person aggrieved by an action of the subordinate. Such charges
shall be in writing and shall be filed with the President of the Commission.
Pending disposition of such charges, the Commission or Chief may suspend
such subordinate.
C.
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 on such suspension shall be held unless requested by the
suspended subordinate. If the subordinate suspended by the Chief requests
a hearing before the Commission, the Chief shall be required to file
the charges with the Commission 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 Commission shall
set a date for 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 counsel and may compel the attendance of witnesses by subpoenas
which shall be issued by the President of the Commission on request
and be served as are subpoenas in Municipal Court.
E.
If the Commission determines that the charges are
not sustained, the accused, if he or she has been 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.
F.
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.
Further rules for the administration of this section
may be made by the Commission.
H.
No person shall be deprived of compensation while
suspended pending disposition of the charges.
I.
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 thereof on the Secretary
of the Commission within 10 days after the order is filed. Within
five days thereafter the Commission shall certify to the Clerk-Treasurer
of the Circuit Court the record of the proceedings, including documents,
testimony and minutes.
A.
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 laid off first, and thereafter subordinates
shall be laid off in the order of the shortest length of service in
the Departments. Those with identical seniority shall be laid off
in order of least ability to serve as determined by the Commission
from a consideration of service reports.
B.
The name of a subordinate laid off for any cause set forth in Subsection A shall be retained on an eligible re-employment list for two years after his or her layoff. If any vacancies occur or if the number of subordinates is increased in the Department, such vacancies or new positions shall be filled by persons on such list in the inverse order of layoff.
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State Law Reference: W.S.A. s. 62.13(5m).
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A.
Regular meetings. The Commission shall hold regular
quarterly meetings in the City Safety Building.
B.
Officers. Annually, the Commission shall elect from
among its members a President and Secretary.
C.
Special meetings.
(1)
All special meetings of the Commission shall be held
at the place where the regular meetings are held, and such special
meetings may be called at any time by the President or by any two
members by causing a written notice thereof to be delivered to each
Commissioner personally, if he or she can be found, and if he or she
cannot be found, by leaving a copy of such notice at his or her usual
place of abode in the presence of a member of the Commissioner's family
of suitable age and discretion. Special sessions may be held without
the notice specified in this section when all members of the Commission
are present in person or consent, in writing, to the holding of such
meeting. This provision shall not be construed to permit violation
of W.S.A. ch. 19 (the Wisconsin Open Meetings Law).
(2)
Whenever there are no appeals or disciplinary actions
to be considered and there appears to be no other business to be transacted
by the Commission at any regular meeting, other than the annual meeting,
the President may dispense with such meeting by notifying each member
of the Commission not more than three days nor less than 24 hours
prior to the time of such meeting.
D.
Quorum. Three members of the Commission shall constitute
a quorum in order to transact business, but a lesser number may adjourn
from time to time. All determinations of the Commission shall be made
by a majority of all the members.
F.
Duties of presiding officer. The duties of the President
shall be to preside over all meetings of the Commission, except that
in the President's absence or disability the members shall select
a President Pro Tempore to call special meetings of the Commission
when necessary, to preside over hearings conducted by the Commission
and to see that they are regularly conducted, to receive written charges
filed against Chiefs or subordinates and to issue subpoenas to compel
the attendance of witnesses.
G.
Duties of Secretary.
(1)
The Secretary shall conduct all correspondence of
the Commission, receive appeals from action of the Chiefs, send out
all notices required by law, ordinance, these rules or as requested
by the Commission, make such official publications as may be necessary,
attend all meetings and hearings of the Commission, prepare and keep
records and minutes of the Commission's proceedings, provide for the
taking and recording of testimony and other evidence received at hearings,
preserve such evidence in a permanent record and certify such record
to the Circuit Court when required to do so.
(2)
The Secretary shall keep a minute book showing all
important facts pertaining to each meeting and hearing. The minutes
of each meeting and hearing shall be signed by the Secretary, approved
by the Commission and signed by the President. A copy of the minutes
shall be provided each member as soon after each meeting as possible.
One copy shall also be filed with the City Clerk-Treasurer.
H.
Hearings.
(1)
When a hearing is held, the President of the Commission
shall set the date therefor. Notice of the date, time and place of
the hearing shall be given the accused and the complainant by mailing
notice thereof to the address of the accused as obtained from the
files of the Department or by personal service, in either case not
less than five days prior to the date of the hearing. A copy of the
charges shall accompany such notice.
(2)
Hearings may be held at regular or special meetings
of the Commission, at such time as shall be determined by the Commission.
All hearings shall be open to the public, except that the Commission
may take final action in executive session, to the extent permitted
by law.
(3)
The accused and the complainant shall be entitled
to representation by counsel at any hearing, and each party shall
bear their own cost of such representation. In the absence of an appearance
of the accused, the Commission shall proceed to dispose of the matter
on such evidence as may be before it. In the absence of the appearance
of the complainant, if there is one, the Commission shall dismiss
the charges without consideration.
(4)
All testimony of witnesses at hearings shall be given
under oath, administered by the Secretary or other member of the Commission
in the form and manner provided by W.S.A. s. 887.03.
(6)
The Secretary shall keep a record of each hearing,
the name and address of the accused and complainant, if there is one,
a brief description of the charges involved and the final disposition
of the case. The Secretary shall also show on the docket for each
case all other important data and dates concerning the case, such
as date of filing notice of appeal, date of sending out notices and
to whom sent and dates of hearings, continuances and final determination.
(7)
No request for a rehearing shall be entertained unless
substantial new evidence is submitted which could not have been presented
at the previous hearing. In all cases, the request for rehearing shall
be in writing, reciting the reasons for the request.
