[Adopted as Title 5, Chapter 5 of the Code of Ordinances]
[1]
Editor's Note: See also Art. I, § 7-8, Police and Fire Commission.
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.
J. 
The provisions of Subsections A to I shall apply to disciplinary actions against the Chief, where applicable. In addition thereto, the Commission may suspend a Chief pending disposition of charges filed by the Commission or by the Mayor.
State Law Reference: W.S.A. s. 62.13(5).
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.
State Law Reference: W.S.A. s. 62.13(5m).
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.
E. 
Order of business. The regular order of business of the Commission shall be:
(1) 
Roll call.
(2) 
Consideration of the minutes of the preceding meeting.
(3) 
Consideration of communications from the Chiefs of the Police and Fire Departments.
(4) 
Unfinished and miscellaneous business.
(5) 
New business.
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.
(5) 
At the hearing the order shall be as follows:
(a) 
Statement of the charges by the Secretary.
(b) 
Testimony and introduction of evidence by the accused.
(c) 
Complainant's rebuttal.
(d) 
Accused's rebuttal.
(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.