ORD1965020ORDINANCE NO. 070 -
AN ORDINANCE 'ESTABLISH I NG A POLICE AND FIRE COMMIfSION IN THE CITY OF MUSKEGO
The Mayor and Common CoLlncil of the City of Muskego, Waukesha
County, Wisconsin, do ordain as follows:
There is hereby created a Board of Police and Fire Commissioners
Section I. Police and Fire Departments. (a) Commissioners.
consisting of five citizens, three of whom shall constitute a quorum.
The Mayor shall annually, between the last Monday of April and the
first Monday of May, appoint one member, subject to the confirmation
of the Council, for a term of five years and such person's name shall
be filed in writing with the secretary of the board. No appointment
shall be made which will result In more than three members of the board
belonging to the same political party, nor shall any person be appointed
who is a member of the Fire Department, Police Department, or who is
an official of the City.of Muskego. The board shall keep a record of
its proceedings. -
(b) Chiefs. The board shall appoint the Chief of Police and
the Chief of theFire Department, who shall hold their offices during
good behavior, subject to suspension or removal by the board for cause.
(c) Subordinates.
I. The chiefs shall appoint subordinates subject to approval
promotion when this can be done with advantage; otherwise,
by the board. Such appointments shall be made by
from an eligible list provided by examination and approval
by the board and kept on file with the Clerk.
2. For the choosing of such list the board shall adopt, and
may repeal or modify, rules calculated to secure the best
service in the departments. These rules shall provide
for examination of physlciab and educational qual ifications,
habits, reputation, and experience, and may provide such
competitive exaninations as the board shall determine, and
for the classification of positions with special
examination for each class. The board shall print and
distribute the rules and all changes in them, at city
expense.
3. The examinations shall be free for all citizens of the
United States over 21 and under 55 years of age, with
proper limitations as to residence, health, habits and
character. They shall be practical in 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 Iboard shall control examinations and may
designate and change examiners, who may or may not be
otherwise in the official service of the city, and whose
compensation sh,3lI be fixed by the board and paid by the
city. In the c,:se of veterans, other conditions being
of any of the w,3rs of the United States. Preference is
equal, a preferfmce shall be given in favor of veterans
competes in any examination he shall be accorded 5 points,
defined to mean whenever an honorably discharged veteran
and if such veteran has a disability which is directly or
indlrectly traceable to war service, he shall be accorded I except that such preference shall not be granted to any
another 5 point.5, in addition to earned ratings therein,
veteran competing in such examination who has not obtained
at least a passing grade.
I
4. The Council may provide that one or more members of the
police force shall be women. The Police and Fire
Commission shall select each police woman from an eligible I i st.
5. Any person who has completed at least 20 years of service
on an authorlzed police department and who has retired
on the assumption that he was eligible for a pension under
sections 66.90 to '66.918, Wisconsin Statutes, and all
amendments thereto, may be.reemployed in a position
commensurate with his physical and mental abilities within
make him eligible for a penslon without regard to the
the department for such a period as may be required to
qualifications imposed on persons first entering such
serv i ce.
(d) Disciplinary Actior,s Aqainst Subordinates.
I. A subordinate nlay be suspended as hereinafter provided
as a penalty. He may also be suspended by the commission
pending the disposition of charges filed against him.
2. Charges may be filed against a subordinate by the chief,
by a member of the board, by the board as a body, or by
an elector of t:he city. Such charges shall be in writing
and shal I be f i I ed with the president of the board.
Pending disposition of such charges, the board or chief
may suspend suc:h subordinate.
3. A subordinate may be suspended for cause by the chief or
the board 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 Llnless requested by the suspended subordinate.
If the subordinate suspended by the chief requests a
to file charges with the board upon which such suspension
hearing before the board, the chief shall be required
was based.
4. Following the f'iling of charges in any case, a copy thereof
shal I be served upon the person charged. The board shal I
?- set date for hearing not less than IO 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 an attorney and
may compel the attendance of witnesses by subpoena's
which shall be issued by the president of the board on
request and be served as are subpoenas in justice court.
5. If the board determines that the charges are not sustained,
the accused, if he has been suspended, shall be immediately
determines that: the charges are sustained, the accused, by
reinstated and all lost pay restored. If the board
order of the board, may be suspended, or reduced in rank,
or suspended arld reduced in rank, or removed, as the good
of the service may require.
6. Findings and determinations hereunder and orders of
suspension, recluction, suspension and reduction, or
hearing, shall be filed within three days thereof with
removal, shall be in writing and, if they follow a
the secretary of the board.
7. Further rules for the administration of this subsection
may be made by the board.
-2-
a
0
8. NO person shall be deprived of compensation while suspended
pending disposition of charges.
9. Any person suspended, reduced, suspended and reduced, or removed by the board may appeal from the order of the board
to the Circuit Court by serving written notice thereof on
the secretary of the board within IO days after the order
is filed. Within 5 days thereafter the board shall
certify to t,he Clerk of the Circuit Court the record of the
minutes. The ac:tIon shall then be at issue shall have proceedings, inc:luding all documents, testimony and
precedence over any other cause of a different nature
pending in said court, which shall always be open to the
trial thereof. The court shall upon application of the
accused or of tk,e board 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, except that the court may require
by the board. The question to be determined by the court
further return or the taking and return of further evidence
shall be: Upon the evidence was the order of the board
reasonable? No costs shall be allowed either party and
the clerkâs fees shall be paid by the city. If the order
of the board i$ reversed, the accused shall be forthwith
service. If the order of the board is sustained, it shall
reinstated and entitled to his pay as though in continuous
be final and conclusive.
IO. The provisions of paragraphs I to 9 of this section shall
apply to disciplinary actions against the chiefs where
applicable. In addition thereto, the board may suspend
a chief pending disposltion of charges filed by the board
or by the Mayor.
(e) Dismissals and Re-employment.
1.
2.
3.
When it becomes necessary, because of need .for economy,
I,ack 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 fi&, and thereafter subordinates shall
be dismissediin -the order of the shortest length of service
in the department.
When it becomes necessary for such reasons to reduce the
n,umber of subordinates in the higher positions or offices,
or to abolish any hlgher posltions or offices in the
department, the subordinate or subordinates 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 sektion shall be left on an eliglble re-
employment I ist for a period of two years after date of dismissal. If any vacancy occurs, or if the number of
subordinates is f,ncreased, in the department, such vacancy
or new position, shall be filled by persons on such list in the inverse order d the dismissal of such persons.
-3-
(f) Compensation, Working Hours.
t
I
'0
r
a
I.
2.
3.
Thealaries of chiefs and subordinates shall be fixed by.
but not decreazied by the Council without a previous
the Council. Such salaries when so fixed may be increased
recommendation of the board. The Council may provide that
the salaries shall increase with length of service.
The Council shell I provide for, and the Chief of the Police
Department shall assign to each policeman in the services
of the city twcl ful I rest-~.days of 24 consecutive hours durkq
each 192 hours, except in cases of positive necessity by
of the Chief of Police, demands that such day of rest be
some sudden and serious emergency, which, in the judgment
not given at SLIC~ time. Arrangements shall be made so
that each full rest day may be had at such time or times
as will not impair the efficiency of the department.
The Council shell1 provide for a working day of not more
than 8 hours ir. each 24 except in cases of positive necessity
by some sudden and serlous emergency, which, In the
judgment of the Chief of Police, demands that such work day
shal I be extended beyond the 8 hour period at such time;
given during sLlch emergency, shall be placed to the credit
and when such emergency ceases to exist, all overtime
of such policernen, and additional days of rest given therefor.
a paid or a voIunhDepartment, and for the management and
equipment of either ins0far.a~ not otherwise provided for by law. In
the event there is a paid department, the full paid force shall be
The board shall fix the hours of duty, which shall be as nearly equal
divided into two platoons, eelch of which shall be on duty alternately.
as practicable, and no firemm shall be continuously on duty longer
than the board shall have thLls determined, except in case of a peril
which in the judgment of the officer in charge makes it a positive
necessity.
(4) Fire De artment. lhe Council may provide by ordinance for either
(h) Pol ice Pension Fund. Any person employed who can qualify,
Section 66.90 to 66.918, Wisconsin Statutes, and all amendments thereto.
shal I become a participating employee for pension purposes under
(i) Firemen's Pension Fund. At such time as the city shall have
a paid Fire Department, any person thereafter employed, and who can
otherwise qualify, shall be, or become, a participating employee for
pension purposes under Secticlns 66.90 to 66.918, Wisconsin Statutes,
and all amendments thereto.
-
(j) Rules Governing Leavi;:izi,ty. Subject to! approval of the
Council .the I-Ire Chief may esta rules requirei g firemen to obtain
permission before leaving the city.
(k) Fire Department, Platoons. The Council, at such time as the city
shall haveapaidTiashall provide for, and the governing
oower of the Fire DeDartment shall divide the full said flre fighting , force in the fire Department into two bodies or platoons. Each platoon
shall work, or be on duty alternately an equal number of hours or as
nearly so as the governing power of the Fire Department shall decide,
provided, however, that no member of the.platoon shall be on duty for
a longer continuous period of time than the governing power of the
Fire Department shall designate, except in cases of positive necessity by
judgment of the chief or other officer in charge demands. some sudden and serious fire, accident, or other peril, which In the
-4-
-, . . ., .
the prov~s~ons of: this ordinance shal I be repkaled. - Section 2. All ordinances contravening or inconsistent with
publication.
Section 3. This ordinance shall take effect upon passage and <
PASSED AND ADOPTED this -L day of , 1965.
a Attest:
-5-