pfcm19900419POLlCE AND FlRE COMMISSION OF THE
CITY OF MUSKEG0
April 19, 1990
The regular quarterly meeting of the Police and fire Commission of the City of
Muskego was held on Thursday, April 19, 1990, in the conference room of
Muskego Police Department. lle meeting was called to order at 7:34PM by
President Kreuser. Present were Commissioners Robert Kreuser, Lev DeBack,
Richard Horn, and Blenda Treba; the Honorable Mayor Wayne G. Salentine; and
Chief Johnson. Commissioner Haag was absent.
Commissioner DeBack moved that the minutes of the January 11, 1990 meeting be
approved as published. Seconded by Commissioner Treba. Motion carried unan-
imously.
Chief Johnson gave a report from the Police Department including an update on
the vandalism to school buses; Muskego's low crime rate; the Consolidated
Dispatch Center that was tabled by the committee but was resurrected by the
Mayors and is currently being studied more extensively by the Cities of Brook-
field, New Berlin and Muskego; discipline of Officer Hendrickson; and the
alleging misconduct of an officer.
letter sent in response to a letter from Mr. Komassa to Commissioner Haag
OLD BUSINESS: There was none.
NEW BUSINESS I
Commissioner Kreuser gave a report on the "Role of the Police and fire
Commission" Seminar in Madison that he and Commissioner Horn attended on
February 12. The purpose and powers of the Commission were reviewed stressing
that the Commission should stay away from the optional powers granted them if
adopted by the electors as too many problems arise. After discussing
S.S.1762.13 which also had been brought up at the Seminar, Commissioner Kreuser
requested an opinion from the City Attorney as to the application of this
statute to the powers of our Commission. Mayor Salentine will refer it to
City Attorney Donald Molter and get back to the Commission at their next
meeting.
Mayor Salentine stated that the Fire Departments, especially the Muskego Fire
Department, are having a great deal of difficulty acquiring land €or expansion
or relocating the fire stations. He inquired if the Commission would act a8 a
liaison between the departments and the Common Council on recommending a
location. After a discussion, the Commission decided that the Fire Depart-
ments were more qualified to pick the proper location than they were.
namely Robert Kreuser as President and Lev DeBack as Vice PresidentISecretary.
Commissioner Horn moved that the same officers be retained for another year,
Seconded by Commissioner Treba. Motion carrled unanimously.
Muskego Police 6 Fire Commission Minutes April 19, 1990
Page 2 -
Chief Johnson reported that disciplinary action taken against a telecommu-
handled as a labor grievance as has been past practice by our department.
nicator, Laura Becker, has been referred to the labor attorney and is being
police department as being under the jurisdiction of the Police and Fire
Some departments, including Brookfield, recognize the civilian members of the
Commission but our department has not operated that way.
Commissioner DeBack moved that the meeting be adjourned to Thursday, July 12,
1990 at 7:30PM. Seconded by Commissioner Horn. Motion carried unanimously.
The meeting adjourned at 8:24PM.
Respectfully submitted,
flzLA”4
Le De Back
Secretary
,".
'0 I
1
April 11, 1990
TO : Members of the Police 6 Fire Commission
FROM : Bob Kreuser, President
On Monday, February 12, Dick Horn and I attended a workshop on "The Role of
the Police and Fire Commission" at the Wisconsin Center in Madison. It was
conducted by two professors from UW Extension.
There were a number of interesting topics on the powers and purposes of the
one of the professors dealing with the perception of the meaning of paragraph
Police and Fire Commission in Wisconsin and a very emphatic presentation by
with this memo. He emphasized that all cities were required to establish a
3 under Section 62.13 of the State Statutes, a copy of which is being ~ .~ enclosed ..
realize the "bucket of worms" this could create. For that reason, I think we
police department and a fire department for the city. I am sure we all
the Mayor to be present at our meeting to deal with this. I don't believe
should keep this confidential if possible, at this time. I am going to ask
this qualifies us for a closed session and I hope that only the Commissioners
will be in attendance at our meeting.
The burden suggested by this is not solely ours, if it is ours at all, since
we take our directions from city officials.
MEMORANDUM
TO : Attorney Don Molter
FROM: Hayor Wayne G. Salentine
DATE: May 4, 1990
RE : Police & Fire Commission
I was invited to the last Police & Fire Commission meeting and
was provided with the attached statute. The Police & Fire
Commission is r-questing a legal opinion as to whether the City
of Xuskego is required to comply with State Statute 62.13 (3).
Two members of the Commission, Mr. Robert Kreuser and Mr. Richard
Xorn, attended a Police & Fire Commission seminar and were of the
opinion that the City of ?luskego has a liability when the fire
chief requirement is not met. They also were informed that only
one (1) chief can act in that capacity.
Please advise.
WGS/ca
cc: Police & Fire Commission
(13) Pollce. (a) The chid of police shall have command of the police force
of the city under the direction of the mayor. It is the duty of the chief to obey
all lawful written ordcrs of the mayor or common council. The chief and'!
each policc officer sllall possess the powers. enjoy thc privileges and bc
subject to tllc liabilities conferred and imposed by law up011 constables. and
be takcn as included in all writs and papcrs addressed to constables: shall
arrcst with or without process and with rcasonable diligence take bcfore tllc
municipal judge or othcr proper court every person found in the city engaged
in any disturbance of the peace or violating any law of the state or ordinance
of such city and may command all persons present in that case to assist, and
the person shali forfeit not exceeding SIO. They shall collect the same'fccs
if any pcrson. being so commanded. refuses or neglccts 10 rcndcr nssistancc
prcscribed for sheriffs in s. 814.70 for similar services.
(I) Comlnlssloncrs. Each city sllall have a board of police and fire
conunissiotwrs consisting of 5 citizcns. 3 of whom shall constitute a qunrum.
The myor allall nlulunlly. between the lasl Monday of April and 111c I'irst
hlunrlay of hlny. nppoint in writing to be filed will1 the secretary of tl~c board.
onc I11cmbcr lor n tern1 of 5 years. No appointment sI1a11 be made which will
result in nlorc thm 3 mcmbcrs of lhc board belonging to the sntne political
party. 'rllc bonrtl sh;dl keep n record of its procccdings.
(2) Exception. (a) Except as providcd under sub. (6111). subs. (I) to (6)
sllnll not npply to cities of less than- popul;ltion cscept by ordinance
;~tloptc.rl by :I Innjurity of a11 the lnctnbcrs 01 the council. A rvpc:lling
ordin:lncc 111:ly be ndoptcd by n like vote.
s. 61.65 is 1101 rvquired to crente a scparatc board of police nntl I'irc colnnlis-
(b) I\ city that crentcs a joint police or fire department with a villngc under
sioners u11dr.r Illis section. The city shall crcntc a joint board of commission-
crs to govern the joint dcpartnrcnt. as required in s. 61.65. If the city also
creates one sepcw:~te protcctivc services depnrtmcnt in addition to the joint
collunissioncrs to govern lliiit department. A city's joint board of colnmis-
protective services dcpartnwnt. tlw city shall create a separate board of
sioncrs is subject to s. 61.65(3g)(d). A city's separatc board uf cummissioners
is subject to this section.
(3) Chlcfy. Thc board shall appoint the chief of police nlrd the chief of he
fire dcpnrtment. \rh shall hold their ofl'iccs during good behavior. subject to
suspension or remove by the board for cause.
dinates subject IO npproval by the board. Such appointments md1 be madc
(4) Subordlnales: reemployment. (a) The chiefs slllrll appoint subor.
by promotion when this cnn be done with advantage. othcnvisc from an
eligible list provided by cxaminalion and npproval by the board and kcpt on
file with the clerk.
(b) Any person who. on June 23. 1943 has served and acted as a full.timr
city police patrolman. patrolwoman or police officer performing the services
Page 5
LAW OFllCE5 OF
ARENZ, MOLTER, MACY & RIFFLE. S.C.
720 N. -ST AVENUE
P 0. aox ,348
WAUKESHA. WISCONSIN 531874348 DALE W. ARENZ
DONALD 5. MOLTER. JR.
JOHN P. MACT.
H. STANW RIFFLE.
COURT COMYISSIOHEm
COURT COYYlSSlOHER
ERIC 0. SCHLIETER
- May 14, 1990
TELEPHONE S48-lWa
FACSIMILE 548-9211
AREA CODE 414
Mayor Wayne Salentine
CITY OF MUSKEGO
Post Office Box 903
Muskego. WI 53150
Re: Police & Fire Commission
Dear Mayor Salent ine:
I am in receipt of your Memorandum dated May 4, 1990 which requests a
legal opinion as to whether the City of Muskego is required to comply
with Wisconsin Statute 562.13(3) which, in part, indicates that the
Board of Fire & Police Commissions shall appoint a chief of the fire
department.
When I first received the request, I thought my answer would simply
be that the City does not have a fire department, but contracts with
apply. Although that is still my opinion, it does not appear that
independent fire companies and, therefore, the statutes does not
legal opinion is altogether clear in that regard.
Enclosed please find three opinions which I received from the League
of Wisconsin Municipalities, one dated April 17, 1979, one dated
April 5, 1978, and the other dated December 29, 1989, each of which
must maintain a fire department and, therefore, 562.13 would apply.
in some manner seems to insinuate that cities the size of Muskego
Although there is no clear law to the contrary, it appears to me that
Wisconsin Statute 562.13(8) entitled "Fire Department" only
indicates that the Council provide by ordinance for either a
paid or volunteer fire department. It is my understanding that the
City of Muskego provides for neither, but instead contracts for fire
companies established under Wisconsin Statute Chapter 213, which are
independent corporations and elect their own fire chiefs.
In conclusion, I do not think the law in this regard is clear, but I
am not convinced the City of Muskego cannot continue to operate under
LA1 OIllCE9 or
ARENZ. MOLTER, MACY 6, RIFFLE, S. C.
Mayor Wayne Salent ine -2- May 14, 1990
its present system.
If you have any further questions, please feel free to contact me.
Sincerely,
DSM/pw
Enclosures