LRB-3118/2
MES:jld/bjk/lmk:nwn
2007 - 2008 LEGISLATURE
January 14, 2008 - Introduced by Senators Carpenter and Coggs, cosponsored by
Representative Sinicki. Referred to Committee on Labor, Elections and Urban
Affairs.
SB388,1,3
1An Act to amend 62.50 (1) and 62.50 (19) of the statutes;
relating to: increasing
2the size of the city of Milwaukee Board of Fire and Police Commissioners and
3authorizing a panel of the board to decide certain cases.
Analysis by the Legislative Reference Bureau
Under current law in first class cities (presently only Milwaukee), there is a
Board of Fire and Police Commissioners (board) that consists of five members. Three
members of the board constitute a quorum. Each member is appointed to a staggered
five-year term by the mayor of Milwaukee, subject to confirmation by the Milwaukee
Common Council.
This bill increases the number of members on the board to seven and authorizes
the mayor of Milwaukee to appoint two additional members of the board upon the
bill's effective date. Generally, the bill increases the quorum requirement to four
members, but the bill also authorizes a three-member panel of the board to conduct
and decide by majority vote disciplinary trials and to hear and decide by majority
vote complaints filed by an aggrieved person. Currently, a quorum of the board may
conduct such a trial.
Members of the board who are appointed on or after the effective date of the bill
are still subject to confirmation by the Milwaukee Common Council and, after the
initial appointment of additional members, are appointed to five-year terms.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB388, s. 1
1Section
1. 62.50 (1) of the statutes is amended to read:
SB388,3,32
62.50
(1) In all 1st class cities, however incorporated, there shall be a board of
3fire and police commissioners, consisting of
5 7 citizens, not more than
2 3 of whom
4shall at any time belong to the same political party. The staff and members of the
5board shall receive the salary or other compensation for their services fixed by the
6common council. The salary shall be fixed at the same time and in the same manner
7as the salary of other city officials and employees.
Three members Except as
8otherwise provided in this subsection, a majority of the members-elect, as that term
9is used in s. 59.001 (2m), of the board shall constitute a quorum necessary for the
10transaction of business.
A 3-member panel of the board may conduct, and decide by
11majority vote, a trial described under sub. (12) or may hear and decide, by majority
12vote, charges filed by an aggrieved person under sub. (19). It shall be the duty of the
13mayor of the city, on or before the 2nd Monday in July, to appoint
5 7 members of the
14board, designating the term of office of each, one to hold one year,
one 2 to hold 2
15years,
one 2 to hold 3 years, one to hold 4 years
, and one to hold 5 years, and until
16their respective successors shall be appointed and qualified. Thereafter the terms
17of office shall be 5 years from the 2nd Monday in July, and until a successor is
18appointed and qualified. Every person appointed a member of the board shall be
19subject to confirmation by the common council and
every appointed member shall,
20before entering upon the duties of the office take and subscribe the oath of office
21prescribed by article IV, section 28, of the constitution, and file the same duly
1certified by the officer administering it, with the clerk of the city. Appointments
2made prior to the time this subchapter first applies to a 1st class city shall not be
3subject to confirmation by the common council.
SB388, s. 2
4Section
2. 62.50 (19) of the statutes is amended to read:
SB388,3,185
62.50
(19) Charges by aggrieved person. In cases where duly verified charges
6are filed by any aggrieved person with the board of fire and police commissioners,
7setting forth sufficient cause for the removal of any member of either of the
8departments, including the chiefs or their assistants, the board or chief may suspend
9such member or officer pending disposition of such charges. The board shall cause
10notice of the filing of the charges with a copy to be served upon the accused and shall
11set a date for the trial and investigation of the charges, following the procedure under
12this section. The board
, or a 3-member panel of the board, shall decide by a majority
13vote and subject to the just cause standard described in sub. (17) (b) whether the
14charges are sustained. If sustained, the board shall immediately determine whether
15the good of the service requires that the accused be removed, suspended from office
16without pay for a period not exceeding 60 days or reduced in rank. If the charges are
17not sustained, the accused shall be immediately reinstated without prejudice. The
18secretary of the board shall make the decision public.
SB388,3,2420
(1) On the effective date of this subsection the mayor of a 1st class city shall
21make 2 additional appointments to the board of fire and police commissioners under
22section 62.50 (1) of the statutes such that the additional appointments are for terms
23that are consistent with the requirements, and with the terms of the existing
24commissioners, that are specified under section 62.50 (1) of the statutes.
SB388,4,2
1(1)
This act takes effect on the first day of the 2nd month beginning after
2publication.
