LRB-3626/4
MES&CMH:wlj&bk:pg
2007 - 2008 LEGISLATURE
February 15, 2008 - Introduced by Senators Grothman, Roessler and Carpenter,
cosponsored by Representatives
Gottlieb, Nass, Kerkman, Hahn, Vos,
Kleefisch and LeMahieu. Referred to Committee on Judiciary, Corrections,
and Housing.
SB489,1,7
1An Act to repeal 62.13 (5) (h), 111.70 (4) (c) 2. b. and 111.70 (4) (mc);
to
2renumber 111.70 (4) (c) 2. a.;
to amend 62.13 (5) (b), 62.50 (11), 62.50 (13),
362.50 (14), 62.50 (16) and 62.50 (18); and
to create 62.13 (5) (bm) of the statutes;
4relating to: payment of a police officer's or fire fighter's salary after being
5charged with a misdemeanor or felony and discharged, and the adjournment
6of a trial or investigation relating to charges brought against a first class city
7police officer or fire fighter.
Analysis by the Legislative Reference Bureau
Under current law, no member of the police force of a first class city (presently
only Milwaukee) may be suspended or discharged without pay or benefits until the
matter that is the subject of the suspension or discharge is disposed of by the Board
of Fire and Police Commissioners (first class city board) or the time for an appeal
passes without an appeal being made. Also under current law, no first class city
police chief or fire chief, or fire fighter, may be deprived of compensation during the
time he or she is suspended preceding an investigation or trial, unless the charges
are sustained. Currently, no member of a police force or fire department of a second,
third, or fourth class city may be deprived of compensation while suspended, pending
disposition of the charges.
Also under current law, if the first class city board's decision upholding the
discharge or suspension is reversed, the member must be reinstated to his or her
former position in the department and is entitled to pay as if he or she was not
suspended or discharged. Similar provisions apply to a second, third, or fourth class
city police officer or fire fighter whose suspension or removal is reversed.
Under this bill, if a police officer or fire fighter (subordinate) of any class of city
is charged with a misdemeanor or felony, the chief must suspend the subordinate if
the chief also discharges or seeks to discharge the subordinate, and the subordinate
is deprived of compensation pending the disposition of the charges. In second, third,
and fourth class cities, a chief may seek the removal of a subordinate, by the board
of police and fire commissioners (board), who is charged with a misdemeanor or
felony. The bill also changes current law such that a first class city police or fire chief,
as well as a fire fighter, who is charged with a misdemeanor or felony may be deprived
of compensation during the period after he or she is charged preceding an
investigation or trial if the individual is also discharged.
The bill provides that if the chief of a second, third, or fourth class city police
or fire department communicates in writing to the board that a subordinate be
suspended or removed and if the board takes no action on the communication, the
chief's written communication is considered to be charges filed against the
subordinate, and a suspension without pay, on the 181st day following the board's
receipt of the written communication.
The bill also specifies that, with regard to a first class city, a member of either
force who is charged with a misdemeanor or felony and discharged may not receive
any compensation following the discharge, and a member of either force who is
discharged for any other reason may not receive any compensation after the
discharge is upheld by the board or the time for an appeal passes without an appeal
being made.
In all cases under the bill, if the charges filed against a suspended subordinate
are dismissed, or if the subordinate is found not guilty of the charges, the subordinate
is reinstated and entitled to back pay.
Currently, if a first class city board receives a notice of appeal, it must schedule
a trial within 5 and 15 days after service of the notice and copy of the complaint. This
bill changes the time frame for scheduling a trial to within 90 and 120 days.
Currently, both the accused and the chief of a first class city department have
the right to request up to a 15-day adjournment of the trial or investigation of the
charges. Once such a request is made, it is granted automatically. Under the bill,
the board may grant an adjournment, for cause, to either party.
This bill also repeals a provision that was enacted as part of the state budget,
Wisconsin Act 20, that permits a collective bargaining agreement to contain dispute
resolution procedures that address suspension, reduction in rank, suspension and
reduction in rank, or removal of municipal employees who engage in law
enforcement or fire fighting functions.
For further information see the state and 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:
SB489, s. 1
1Section
1. 62.13 (5) (b) of the statutes is amended to read:
SB489,3,112
62.13
(5) (b) Charges may be filed against a subordinate by the chief, by a
3member of the board, by the board as a body, or by any aggrieved person. Such
4charges shall be in writing and shall be filed with the president of the board. Pending
5disposition of such charges, the board or chief may suspend such subordinate.
If a
6chief seeks removal of a subordinate under this subsection for cause, as a result of
7the subordinate being charged with a misdemeanor or felony, the chief shall suspend
8the subordinate and the subordinate may not receive any compensation following the
9chief's action, pending disposition of the charges by the board. If the charges are
10dismissed or the subordinate is found not guilty of the charges, the subordinate shall
11be reinstated and entitled to compensation as though in continuous service.
SB489, s. 2
12Section
2. 62.13 (5) (bm) of the statutes is created to read:
SB489,3,1813
62.13
(5) (bm) If a chief communicates in writing to the board that a
14subordinate be suspended or removed under this subsection for cause, and if the
15board does not take any action on the communication, on the 181st day following the
16board's receipt of the communication, the chief's communication shall be considered
17charges filed against a subordinate under par. (b) and the chief shall suspend the
18subordinate.
SB489, s. 3
19Section
3. 62.13 (5) (h) of the statutes is repealed.
SB489, s. 4
20Section
4. 62.50 (11) of the statutes is amended to read:
SB489,4,17
162.50
(11) Discharge or suspension. No member of the police force or fire
2department may be discharged or suspended for a term exceeding 30 days by the
3chief of either of the departments except for cause and after trial under this section.
4A member of either force who is charged with a misdemeanor or felony shall be
5suspended by the chief if the chief discharges the subordinate under this subsection.
6A member of either force who is awaiting trial under this section, with regard to the
7member's suspension and discharge, which is related to being charged with a
8misdemeanor or felony, may not receive any pay or benefits after his or her
9suspension and discharge, while he or she is awaiting trial under this section, subject
10to the disposition of the charges. A member of either force who is charged with a
11misdemeanor or felony and discharged following a trial under this section may not
12receive any pay or benefits following his or her discharge. A member of either force
13who is discharged for any other reason under this section may not receive any pay
14or benefits after the discharge is upheld by the board or the time for an appeal to the
15board passes without an appeal being made. If the charges described in this
16subsection or in sub. (13) are dismissed, or if the member is found not guilty of the
17charges, the member shall be reinstated and entitled to pay as described in sub. (22).
SB489, s. 5
18Section
5. 62.50 (13) of the statutes is amended to read:
SB489,5,819
62.50
(13) Discharge or suspension; appeal. The chief discharging or
20suspending for a period exceeding 5 days any member of the force shall give written
21notice of the discharge or suspension to the member and immediately report the
22same to the secretary of the board of fire and police commissioners together with a
23complaint setting forth the reasons for the discharge or suspension and the name of
24the complainant if other than the chief.
A member of either force who is suspended
25and discharged by the chief under this subsection as a result of being charged with
1a misdemeanor or felony, who is awaiting trial under this section with regard to his
2or her suspension and discharge, may not receive any pay or benefits after his or her
3suspension and discharge while he or she is awaiting trial under this section, subject
4to the disposition of the charges that led to the officer's discharge. Within 10 days
5after the date of service of the notice of a discharge or suspension order the members
6so discharged or suspended may appeal from the order of discharge or suspension or
7discipline to the board of fire and police commissioners, by filing with the board a
8notice of appeal in the following or similar form:
SB489,5,99
To the honorable board of fire and police commissioners:
SB489,5,1210
Please take notice that I appeal from the order or decision of the chief of the ....
11department, discharging (or suspending) me from service, which order of discharge
12(or suspension) was made on the .... day of ...., .... (year).
SB489, s. 6
13Section
6. 62.50 (14) of the statutes is amended to read:
SB489,5,1714
62.50
(14) Complaint. The board, after receiving the notice of appeal shall,
15within 5 days, serve the appellant with a copy of the complaint and a notice fixing
16the time and place of trial, which time of trial may not be less than
5 90 days nor more
17than
15 120 days after service of the notice and a copy of the complaint.
SB489, s. 7
18Section
7. 62.50 (16) of the statutes is amended to read:
SB489,6,919
62.50
(16) Trial; adjournment. The
board may grant the accused
and or the
20chief
shall have the right to an adjournment of the trial or investigation of the
21charges,
for cause, not to exceed 15 days. In the course of any trial or investigation
22under this section each member of the fire and police commission may administer
23oaths, secure by its subpoenas both the attendance of witnesses and the production
24of records relevant to the trial and investigation, and compel witnesses to answer and
25may punish for contempt in the same manner provided by law in trials before
1municipal judges for failure to answer or to produce records necessary for the trial.
2The trial shall be public and all witnesses shall be under oath. The accused shall
3have full opportunity to be heard in defense and shall be entitled to secure the
4attendance of all witnesses necessary for the defense at the expense of the city. The
5accused may appear in person and by attorney. The city in which the department is
6located may be represented by the city attorney. All evidence shall be taken by a
7stenographic reporter who first shall be sworn to perform the duties of a stenographic
8reporter in taking evidence in the matter fully and fairly to the best of his or her
9ability.
SB489, s. 8
10Section
8. 62.50 (18) of the statutes is amended to read:
SB489,6,2011
62.50
(18) Salary during suspension. No chief officer of either department or
12member of the fire department may be deprived of any salary or wages for the period
13of time suspended preceding an investigation or trial,
unless the reason for the
14suspension is that the chief or member has been charged with a misdemeanor or
15felony and the chief or fire fighter is discharged, or unless the charge is sustained.
16No member of the police force may be suspended
or discharged under sub. (11) or (13)
17without pay or benefits
, unless the reason for the suspension is that the officer has
18been charged with a misdemeanor or felony, and the officer is discharged, until the
19matter that is the subject of the suspension
or discharge is disposed of by the board
20or the time for appeal under sub. (13) passes without an appeal being made.
SB489,7,74
(1) This act first applies to any member of the police force or fire department
5who is covered by a collective bargaining agreement that contains provisions
6inconsistent with this act on the day on which the collective bargaining agreement
7expires or is extended, modified, or renewed, whichever occurs first.
