pfcm19960801CITY OF MUSKEGO
POLICE AND FIRE COMMISSION
MINUTES OF MEETING AND ADJOURNED HEARING HELD AUGUST 1, 1996,
AS TO THE IN THE MATTER OF CHARGES DATED THE 5TH DAY OF JUNE,
GEORGE MIELKE, ACCUSED, AND SERVED UPON ACCUSED ON THE 5TH DAY
1996, FILED BY CHIEF JOHN JOHNSON, COMPLAINANT, AGAINST OFFICER
OF JUNE, 1996.
The meeting and hearing were called to order at 7:03 P.M. by
President Kreuser.
Present were Commissioners Robert Kreuser, William Martin,
Richard Horn, Michael Kuwitzky and Blenda Treba, Atty. Don
Molter and Clerk-Treas. Jean Marenda.
Clerk-Treas. Marenda reported the meeting was noticed in
accordance with the Open Meeting Law on July 22, 1996.
Mr. Horn moved to convene in Closed Session pursuant to
§19.85(1)(a), Deliberating concerning a case which was the
subject of any judicial or quasi-judicial trial or hearing
matter of Charges Dated the 5th day of June, 1996, Filed by
before that governmental body, more specifically concerning the
Accused, and Served Upon Accused on the 5th day of June, 1996
Chief John Johnson, Complainant, Against Officer George Mielke,
and pursuant to §19.85(l)(g), To confer with legal counsel
for the governmental body who is rendering oral or written
advice concerning strategy to be adopted by the body with
respect to litigation in which it is or is likely to become
involved, more specifically concerning the charges which are
motion. Motion carried by a roll call vote of 5-0. The Police
the subject matter of this hearing. Mr. Kuwitzky seconded the
and Fire Commission will then reconvene into Open Session to
continue with the remaining agenda items.
Clerk-Treasurer Marenda was not present for closed session.
The Police and Fire Commission reconvened in Open Session at
8:25 P.M.
NEW BUSINESS
Determination as to the Charges referred to above.
Clerk-Treas. Marenda read Resolutio'n #1-96, Resolution
Approving Findings, Determinations and Orders in the Matter
of: Charges Dated the 5th Day of June, 1996, Filed by Chief
Johnson, Complainant, Against Officer George Mielke, Accused.
Mr. Kuwitzky moved for approval of Reso. #1-96 and the
attachment in its entirety. Seconded by Ms. Treba, motion
carried 4-1 with Mr. Kreuser casting the only dissenting vote
The Orders state in part that the charges set forth against
Officer Mielke have been proved and are sustained by the Board;
Police and Fire Commission Meeting
August 1, 1996
Page Two
and, that Officer Mielke be suspended without pay for a period
of 180 days.
The record will now show that on August 1, 1996 duplicate
originals of Reso. #1-96 and the attached Findings,
Determinations and Orders were filed with the Muskego Police
and Fire Commission official secretary, Richard Horn, and with
recording secretary, Clerk-Treasurer Jean Marenda.
ADJOURNMENT
Mr. Kuwitzky moved to adjourn at 8:28 P.M. Mr. Martin
seconded, motion carried. The next meeting was scheduled for
October 17, 1996.
Respectful1.y submitted,
. Marenda, CMC
ty Clerk-Treasurer
jm
FINDINGS, DETERMINATIONS AND ORDERS OF THE
CITY OF MUSKEGO POLICE AND FIRE COMMISSION
IN THE MATTER OF:
FILED BY CHIEF JOHN JOHNSON, COMPLAINANT,
CHARGES DATED THE 5TH DAY OF JUNE, 1996,
AGAINST OFFICER GEORGE MIELKE, ACCUSED
FINDINGS OF FACT
1. There was filed on June 5, 1996 with the City of
Muskego Police and Fire Commission a document entitled,
"Charges Against Officer George Mielke".
2. That said charges were served upon George Mielke
pursuant to Wisconsin Statute §62.13(5) (d) on June 5,
1996.
3 Pursuant to Wisconsin Statute §62.13(5) (a), the Board
set a date for hearing not less than 10 days nor more
than 30 days following the service of charges and
upon George Mielke on June 6, 1996 The date of said
caused the same to be mailed to and personally served
p.m. at the Muskego Room, Muskego City Hall, W182 58200
initial hearing being set for June 20, 1996 at 7:OO
Racine Avenue, Muskego, Wisconsin. By Stipulation of
the parties, the hearing was adjourned to a later date.
4. That a hearing was held at the Educational Service
Muskego, Wisconsin on July 17, 1996 and July 18, 1996
Center, Muskego/Norway Schools, S87 W18763 Woods Road,
at 7:OO p m. at which time the accused appeared with
his attorney, Ronald S. Stadler, and at which time each
party had the opportunity to produce witnesses, compel
the attendance of witnesses by subpoena, cross-examine
witnesses and be represented by counsel; the hearing
was adjourned to 7:OO p m. August 1, 1996 at Muskego
Muskego, Wisconsin for further deliberations
City Hall, Lions Den Room, W182 58200 Racine Avenue,
5. That all times and dates of proceedings before the
Muskego Police and Fire Commission were set with the
agreement with all parties and that all parties agreed
opportunity for all parties to have a meaningful
that the time at which the hearing was set gave the
hearing.
6. The service of all notice requirements were made in a
timely manner.
I"
7. Throughout the proceedings, the Chief of Police was
represented by the firm of Lindner & Marsack, S C.
8. Throughout the proceedings, George Mielke was
represented by the firm of Stadler & Schott, S.C.
9 All Commissioners were present throughout the entire
proceedings.
10. All Open Meeting Law requirements have been satisfied.
11. That prior to the hearing the following motions were
made :
A. The complainant made a motion to quash a subpoena,
the Commission acting upon said motion, the
said motion being dated July 16, 1996 Prior to
parties reached a stipulation as to what
information would be provided pursuant to said
subpoena and, therefore, it was not necessary for
the Commission to act upon said motion.
B. The accused, by his attorney, made an oral motion
prior to the hearing that the witnesses be
sequestered until after they had testified.
parties reached a stipulation in regard to
Before the Commission acted upon said motion, the
sequestering of the witnesses and, therefore, the
Commission did not act upon said motion.
12. The decision of the Commissioners was based solely on
evidence presented at the hearing, which included the
following:
A. Oral sworn testimony of John Johnson, Ann Wissing,
Matthew Johnson and George Mielke.
B. Exhibits which were received into evidence with no
objection and marked Exhibits 1 through 15, 17,
18, 19 and 21 through 49
13. Based upon the evidence presented at the hearing and
the exhibits all referred to above, the Commission
finds the following facts:
A. While attending a retirement party at the Williams
Supper Club on May 5, 1996, Officer Mielke made an
improper and unwelcome sexual advance on Ann
Wissing This advance included physical contact
in the form of kissing, the licking of Ms.
Wissing's face, and an attempt by Officer Mielke
to place his tongue in Ms Wissing's mouth. These
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actions occurred without Ms Wissing's consent and
over her protest.
B. Later on May 5, 1996, at Club Durham in Muskego,
Officer Mielke again made an improper and
unwelcome sexual advance on Ann Wissing. This
advance included physical contact in the form of
fondling and groping of the buttocks. These
actions occurred without Ms. Wissing's consent and
over her protest.
C. The Department has adopted Department Regulations
effective dated 11-1-92 which were admitted into
evidence and marked Exhibit 2; that Rules 300.3,
300.29 and 300.33 were in full force and effect on
May 5, 1996.
D. That Officer Mielke has received the following
progressive discipline:
1) A three (3) day suspension issued in August,
1989 for unsatisfactory performance
2) An eight (8) day suspension issued in June,
1990 based upon an incidence occurring on May
30, 1990 wherein Officer Mielke was observed
off duty in an intoxicated condition; Officer
Mielke ran off the road causing property
damage; Officer Mielke failed to report the
accident and left the scene on foot; and
Officer Mielke was issued a citation for
leaving the scene of an accident by the
Waukesha County Sheriff's Department. The
Mielke's agreement to submit to alcohol
suspension was not served based upon Officer
assessment and treatment.
3) A fifteen (15) day suspension issued based on
an incident occurring on July 23, 1992
wherein Officer Mielke, who had been drinking
in a Town of Vernon tavern, fondled and
groped the buttocks of a young woman who knew
he was a City of Muskego police officer. The
sexual contact was without consent and over
boyfriend left the tavern, Officer Mielke
the woman's protest. When the woman and her
followed them into the parking lot where he
called out to the boyfriend, "Are you going
to fuck her? If you're not going to fuck
her, I '11 fuck her 'I All but four (4) days
of the suspension were waived conditioned
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psychiatric evaluation and treatment.
upon Officer Mielke's agreement to subject to
E. That evidence was received at the hearing as to
Officer Mielke's overall service record as set
forth in Exhibits 21 through 49
F. Officers of the City of Muskego Police Department
are made aware of the rules of the Department and
of the probable consequences of violation of the
of the rules and instructed as to what the rules
same, in part, in that officers are given a copy
are and the likely consequences of violation of
the same.
G The following rules are reasonable in that:
1) Rule 300.3 generally requires police officers
to obey all laws and regulations; and
2) Rule 300.29 generally requires officers to
not engage in conduct unbecoming an officer;
and
3) Rule 300 33 generally requires officers not
to engage in sexual harassment.
Theses rules are reasonable and necessary, in
part, to maintain discipline within the
Department, respect for the Department and its
officers and to maintain the good image of the
Department with the general public
H. That the parties stipulated that the rules of the
Department stated in Paragraph G above are
reasonable
I. The Chief, before filing the charges, caused to be
performed an investigation of whether or not
Officer Mielke violated the rules of the
witness statements in a timely manner and
Department, which investigation included taking
discussing the charges with the accused.
J. The Department made a fair and objective attempt
to perform the investigation in an objective and
fair manner and in a timely fashion and to obtain
information from all persons having information
concerning the alleged incidents.
K. The Chief did discover substantial evidence of
violation of Department Rules 300 3, 300.29 and
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14
15.
16.
300.33 through investigation of the charges in
question.
L. The evidence indicates that other than charges
involving Officer Mielke, there were three other
incidents within the City of Muskego Police
Department involving alleged sexual harassment and
accused officers leaving the Department under
that each of those instances resulted in the
threat of a disciplinary action; the Chief is
applying said rules fairly and reasonably and
without discrimination in seeking disciplinary
action against Officer Mielke
M. The filing of charges and the seeking to
discipline Officer Mielke reasonably relates to
the seriousness of the alleged violation set forth
within the Department in that Officer Mielke has a
above and to Officer Mielke’s record of service
prior record of suspensions for misconduct
relating, in part, to alcohol abuse and violation
of Department rules
Pursuant to the Open Meeting Law, at the close of the
public hearing, after meeting all statutory requirements, the City of Muskego Police and Fire
Wisconsin Statute §19 85 (1) (a) and §19.85 (1) (g) .
Commission went into closed session pursuant to
After the closed session, the City of Muskego Police
and Fire Commission reconvened into open session to
take action as noticed.
In open session, the City of Muskego Police and Fire
Orders and filed the same with the Commission Secretary
Commission approved these Findings, Determinations and
within three (3) days of the conclusion of the hearing.
In addition, the parties hereto waived the “3 day”
requirement of §62.13 (5) (f) .
DETERMINATIONS
Based upon the Findings of Fact stated above, the City of Muskego
Police and Fire Commission determines that there is just cause to
and Orders and makes the following determinations based upon the
sustain the charges as stated in these Findings, Determinations
specifically (em).
standards as set forth in Wisconsin Statute §62.13, most
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1. The subordinate Officer Mielke could reasonably be
expected to have knowledge of the probable consequences
of his conduct; and
2. The rules which were violated by the subordinate
Officer Mielke are reasonable; and
3. Chief Johnson, before filing the charges against the
subordinate Officer Mielke, did make a reasonable
effort to discover whether Officer Mielke did violate
the rules; and
4. The effort described above in No. 3 was fair and
objective; and
5. Chief Johnson did discover substantial evidence that
Officer Mielke violated rules of the Department as
described in the charges; and
6. Chief Johnson did apply the rules fairly and without
discrimination against Officer Mielke; and
7. The proceedings and a proposal to discipline Officer
Mielke does relate to the seriousness of the alleged
violations and Officer Mielke's record of service.
ORDERS
Based upon the above stated Findings of Fact and Determinations,
the City of Muskego Police and Fire Commission Orders as follows:
1. That the charges set forth against Officer Mielke in
the complaint of the Chief dated June 5, 1996 and
marked Exhibit 1 alleging violation of Department Rule
300.3, 300.29 and 300.33 have been proved and are
sustained by the Board; and
2. That although the charges as stated above in Number 1
have been proved and sustained by the Board, the Board
does not agree with the allegation in the charges that
dismissal is warranted and the Board orders that
Off' er Mielke be suspended without pay for a period of $9 days In making this determination, the Board
considered all of the evidence including, but not
limited to, the following:
A. The length and record of service of Officer
Mielke; and
B. General order of the Muskego Police Department
Penalty Code admitted into evidence as Exhibit 19.
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0 NOTICE OF RIGHT TO REVIEW
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 filed.
CITY OF MUSKEGO POLICE AND FIRE COMMISSION
RESOLUTION # 1-96
RESOLUTION APPROVING FINDINGS,
DETERMINATIONS AND ORDERS IN THE MATTER OF:
CHARGES DATED THE 5TH DAY OF JUNE, 1996,
FILED BY CHIEF JOHNSON, COMPLAINANT,
AGAINST OFFICER GEORGE MIELKE, ACCUSED
BE IT RESOLVED that the Board of the City of Muskego Police and
Determinations and Orders in the Matter of Charges Dated the 5th
Fire Commission does hereby approve the attached Findings,
day of June, 1996, Filed by Chief John Johnson, Complainant,
Against Officer George Mielke, Accusyd.
rn
DATED this day of , 1996.
POLICE AND FIRE COMMISSION
OF THE CITY OF MUSKEGO
n W&P+i
ROBERT J. KRE-, COMMISSION PRESIDENT