ORD200010300 AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #lo30
AN ORDINANCE TO AMEND CHAPTER 4,
SECTIONS 4.03 (4), 4.04 (5) AND 4.04 (9)
OF THE MUNICIPAL CODE
OF THE CITY OF MUSKEGO
Police & Fire Commission
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY,
WISCONSIN, DO ORDAIN AS FOLLOWS:
SECTION I. Chapter 4, Section 4.03 (4), of the Municipal Code of the City of Muskego
is hereby deleted in its entirety and subsequent section renumbered.
SECTION 2: Chapter 4, Section 4.04 (S), ofthe Municipal Code ofthe City ofMuskego
is hereby amended to read as follows:
(5) Action by Board on Charges. If the Board determines that the charges are not
sustained, the accused, if suspended, shall be immediately reinstated and all lost pay
restored. If the Board determines that the charges are sustained, the accused by order
of the Board, may be suspended, or reduced in rank, or suspended and reduced in
rank, or removed, as the good of the service may require. No subordinate may be
suspended, reduced in rank, suspended and reduced in rank, or removed by the Board
unless the Board determines whether there is just cause as described in Wisconsin
Statute 62.13(5)(em) to sustain the charges.
SECTION 3: Chapter 4, Section 4.04 (9), of the Municipal Code of the City of Muskego
is hereby amended to read as follows:
(9) Appeal from Disciplinary Action. 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 of the appeal on the secretary of the Board
within 10 days after the order is tiled. Within 5 days after receiving written notice of
the appeal, the Board shall certify to the clerk of the circuit court the record of the
proceedings, including all documents, testimony and minutes. The action shall then be
at issue and shall have precedence over any other cause of a different nature pending in
the court, which shall always be open to the trial thereof. The court shall upon
application of the accused or the Board tix a date of trial, which shall not be later than
IS 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 hrther return or the
taking and return of further evidence by the Board. The question to be determined by
Ord. #I030 Page 2
the court shall be: Upon the evidence is there just cause. as described under
62.13(5)(em), Wisconsin Statutes, to sustain the charges against the accused. No
costs shall be allowed either party and the clerk's fees shall be paid by the city. If the
order of the Board is reversed the accused shall be forthwith reinstated and entitled to
pay as though in continuous service. If the order of the Board is sustained, it shall be
final and conclusive.
SECTION 4: The several sections of this ordinance are declared to be severable. If any
section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawfid, or unenforceable, such decision shall apply only to the
specific section portion thereof directly specified in the decision, and not affect the validity
of all other provisions, sections, or portions thereof of the ordinance which shall remain in
full force and effect. Any other ordinance whose terms are in conflict with provisions of
this ordinance are hereby repealed as to those terms that conflict.
SECTION 5: This ordinance shall be in full force and effect from and after its passage and
publication.
PASSED AND APPROVED THIS 27n' DAY OF JUNE ,2000
CITY OF MUSIUZi &A
DAVID5E ANGELIS, Mayor
First Reading: 6/13/00
ATTEST w- k-Treasurer
Published this Lday of
July, 2000
COMMON COUNCIL - CITY OF MUSKEG0
ORDINANCE #lo30 ,
AN ORDINANCE TO AMEND CHAPTER 4,
SECTIONS 4.03 (4), 4.04 (5) AND 4.04 (9)
OF THE MUNICIPAL CODE \:
OF THE CITY OF MUSKEG0
\)
Police & Fire Commission /;<,i
, ' "
7' 2
THE COMMON COUNCIL OF THE CITY OF MUSKE,&, WAUKESHA COUNTY,
WISCONSIN, DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 4, Section 4.03 (4), ofthe Municipal Code of the City of Muskego
is hereby deleted in its entirety and subsequent section renumbered.
SECTLON 2: Chapter 4, Section 4.04 (5), of the Municipal Code of the City of Muskego
is hereby amended to read as follows:
(5) Action by Board on Charges. Ifithe Board determines that the charges are not
sustained, the accused, if he has been suspended, shall be immediately reinstated and
all lost pay restored. If the,doard determines that the charges are sustained, the
accused by order of the Board, may be suspended, or reduced in rank, or suspended
and reduced in rank, or/removed, as the good of the service may require. No
subordinate may be s,dpended, reduced in rank, suspended and reduced in rank, or
removed by the Bokrd unless the Board determines whether there is just cause as
described in Wisdnsin Statute 62.13(5)(em) to sustain the charges.
/
,!
SECTION 3: Chapter 4, Section 4.04 (9), of the Municipal Code of the City of Muskego
is hereby amended to read as follows:
(9) Appeal from Disciplinary Action. 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 ofthe appeal on the secretary of the Board
within IO days afler the order is filed. Within 5 days after receiving written notice of
the appeal, the Board shall certify to the clerk of the circuit court the record of the
proceedings, including all documents, testimony and minutes. The action shall then be
at issue and shall have precedence over any other cause of a different nature pending in
the court, which shall always be open to the trial thereof. The court shall upon
application of the accused or the Board fix a date of trial, which shall not be later than
15 days afler 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 further return or the
taking and return of hrther evidence by the Board. The question to be determined by
the court shall be. Upon the evidence is there just cause, as described under
/
/
Ord. #lo30 Page 2
62.13(5)(em), Wisconsin Statutes, to sustain the charges against the accused. No
costs shall be allowed either party and the clerkâs fees shall be paid by the city. If the
order of the Board is reversed the accused shall be forthwith reinstated and entitled to
pay as though in continuous service. If the order of the Board is sustained, it shall be
final and conclusive.
SECTION 4: The several sections of this ordinance are declared to be severable. If any
section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the
specific section portion thereof directly specified in the decision, and not affect the validity
of all other provisions, sections, or portions thereof of the ordinance which shall remain in
hll force and effect. Any other ordinance whose terms are in conflict with provisions of
this ordinance are hereby repealed as to those terms that conflict.
SECTION 5: This ordinance shall be in full force and effect from and after its passage and
publication.
PASSED AND APPROVED THIS DAY OF ,2000.
CITY OF MUSKEGO
ATTEST-
Clerk-Treasurer
DAVID DE ANGELIS, Mayor
First Reading: 6/13/00
Published this day of
July, 2000