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pfcm19961210CITY OF MUSKEGO POLICE AND FIRE :COMMISSION MINUTES OF MEET~NG AND HEARING HELD DECEMBER 10, 1996, AS TO THE IN THE MATTER OF CHARGES DATED THE 18th DAY OF NOVEMBER, GEORGE MIELKE, ACCUSED, AND SERVED UPON ACCUSED ON THE 19th DAY 1996, FILED BY CHIEF JOHN JOHNSON, COMPLAINANT, AGAINST OFFICER OF NOVEMBER, 1996. The meeting and hearing were called to order at 7:OO P.M. by President Robert Kreuser. Also present were Commissioners William Martin, Richard Horn, Michael Kuwitzky and Blenda . Treba; Atty. John Macy representing the Commission; Chief John Mielke; Court Reporter Gayle Pruefert; and, Clerk-Treas. Jean Johnson; Atty. Jon Swain representing the Chief; Officer George Marenda. Clerk-Treas. Marenda reported the meeting and hearing were noticed in accordance with the Open Meeting Law on November 21, 1996. Clerk-Treas. Marenda read the Notice of Meeting and Hearing of the City of Muskego Police and Fire Commission. Mielke dated November 18, 1996 by John R. Johnson. Clerk-Treas. Marenda read the Charges Against Officer George Chairman Kreuser asked for any motions. Officer George Mielke objected to proceeding at this time and asked for a postponement because he hadn't had an opportunity to adequately prepare a defense. He also asked for a postponement until after the criminal cherqes are adjudicated postponement. in circuit court and stated he would welcome any other Atty. Macy asked if all Commissioners had received Officer Mielke's letter of 12/2/96, Atty. Macy's letter of 12/5/96, Atty. Swain's letter of 12/6/96, a copy of the Notice of Hearing and copy of the Charges. All acknoxledged receipt of each. Atty. Swain stated as noted in his December 6th letter, he treated Officer Mielke's motion as two requests - one to adjourn until after the conclusion of any pending criminal charges related to this matter; and, one to adjourn for additional time to prepare. As to the first, he strenuously objected since the case isn't dependent on eny criminal action by the Waukesha District Attorney's office, and he didn't feel Mr. Mielke is placed in jeopardy. He stated he was prepared to go forward and prove what occurred based on their own investigation. Police and Fire Commission Minutes of Meeting and Hearing December 10, 1996 Page 2 0 Atty. Swain stated as to the second issue to adjourn for some period of time to give Mr. Mielke adequate time to prepare, we do not object as long as that adjournment is timely so we can conclude this mztter prior to the conclusion of the current suspension at the end of January, 1997. Officer Mielke responded he will be attacking these criminal charges on several fronts including subpoenas of Police Department staff, which is another reason for requesting postponement until after the criminal charges. Atty. Swain stated it was important to note the charges the Chief has brought if proven would be just cause for discharge under the statutes. He stated he believed it is in the best interest of the City to go forward at this time and felt there was no harm to Officer Mielke with this procedure. Atty. Macy explained for the Commissioners the two requests - (1) delay for additional time for preparation, or (2) delay for additional time until criminal case completed. Mr. Horn moved to convene in Closed Session pursuant to 19.85(l)(a) and 19.85(1)(g) Wis.Stats. as read in the Notice of Meeting and Hearing. Mr. Kuwitzky seconded. Motion carried by a roll call vote of 5-0. 0 Commission reconvened in Open Session. Mr. Kuwitzky moved to deny continuing the hearing until completion of the criminal vote of 5-0. charges. Mr. Martin seconded. Motion carried by a roll call Mr. Horn moved to grant the request to adjourn to allow Mr. Mielke additional time to prepare his defense. Ms. Treba seconded. Motion carried by a roll call vote of 5-0. After consultation with the Commissioners, Officer Mielke and Atty. Swain, Mr. Kuwitzky moved to reconvene until January 15, necessary. Mr. Martin seconded. Motion carried by a roll call 1997 at 7:OO P.M. and continue to January 16 and January 17 if vote of 5-0. Mr. Horn moved to adjourn at 8:47 P.M. Mr. Kuwitzky seconded. Motion carried. Respectfully submitted, /Y Wd Marenda, CMC erk-Treasurer A transcript of this meeting and hearing is available upon request.