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pfcm19970115CITY OF MUSKEGO POLICE AND FIRE COMMISSION MINUTES OF MEETING AND ADJOURNED HEARING HELD JANUARY 15, 1997 as to the In the Matter of Charges Dated the 18th day of November, 1996 Filed by Chief John Johnson, Complainant, Against Officer George Mielke, Accused, and Served Upon Accused on the 19th day Of November, 19 9 6 . The meeting and adjourned hearing were called to order at 7:17 P.M. by President Robert Kreuser. Also present were Commissioners Richard Horn, Michael Kuwitzky, William Martin (arr. 7:30 P.M.) and Blenda Treba; Atty. John Macy representing the Commission; Chief John Johnson; Atty. John Drana representing the Chief; Officer George Mielke; Court Reporter Gayle Pruefert; and, Clerk-Treas. Jean Marenda. Clerk-Treas. Marenda read the Notice of Meeting and Adjourned Hearing of the Police and Fire Commission. Atty. Drana distributed binders with marked tabs holding all exhibits to be presented. Chairman Kreuser stated the hearing was regarding charges filed against Officer Mielke and offering him an opportunity to respond to the charges in open session. Chairman Kreuser announced, after conferring with the COmmiSSiOn, that the meeting and hearing could proceed until midnight, at which time they would adjourn to the following night. Officer Mielke requested that all witnesses be sequestered. Atty. Drana objected. After discussion, Atty. Drana withdrew objection with the exception that Chief Johnson be allowed to stay. Chairman Kreuser stated the request to have the witnesses sequestered was granted. Clerk-Treasurer Marenda read the Charges Against Officer George Mielke dated November 18, 1996 by John R. Johnson. Commissioner Martin arrived at 7:30 P.M. during the reading of the complaint. Officer Mielke moved to dismiss all charges. Chairman Kreuser stated the request was denied. Atty. Drana presented his opening statement, and Officer Mielke followed with his opening statement. Atty. Drana called his first witness, Waukesha County Deputy Sheriff Lamont Strandberg who was sworn in by the court reporter. Atty. Drana proceeded with direct examination. Atty. Drana moved Exhibits 6 and 7 into evidence. Officer Mielke stated "no objection". Chairman Kreuser accepted the exhibits. Witness was cross examined by Officer Mielke. The witness was then excused for the night by Atty. Drana, but witness was advised he was still under the force of the subpoena. Atty. Drana called his second witness, Waukesha County Deputy Drana proceeded with direct examination, and then moved Exhibits 8 Sheriff Karen Stauss who was sworn in by the court reporter. Atty. Chairman Kreuser noted the exhibits were accepted. Officer Mielke and 9 into evidence. Officer Mielke stated "no objection". night, noting she was still under the force of the subpoena. cross examined the witness. Atty. Drana excused the witness for the Police and Fire Commission Minutes of Meeting and Hearing The Commission took a short recess. Page 2 January 15, 1997 Atty. Drana advised the Chief calls his third witness, Sgt. Grant Turner of the Town of Mukwonago, who was sworn in by the court reporter. Atty. Drana proceeded with direct examination, then moved Chairman Kreuser advised the exhibit was accepted. Atty. Drana Exhibit 10 into the record. Officer Mielke stated "no objection". moved Exhibit 12 in evidence. Officer Mielke stated "no objection". Chairman Kreuser accepted Exhibit 12 into evidence. witness. Officer Mielke cross examined Sgt. Turner. Atty. Drana excused the Atty. Drana advised Chief calls his fourth witness, Chief Anthony F. Kemnitz, Town of Mukwonago, who was sworn in by the court reporter. Mielke and redirect by Atty. Drana. Atty. Drana moved Exhibit 11 Direct examination by Atty. Drana, cross examination by Officer Kreuser accepted Exhibit 11 into evidence. The witness was excused into evidence. Officer Mielke stated "no objection". Chairman by Atty. Drana. Atty. Drana called fifth witness Inspector Gary L. Paluszcyk of the Waukesha County Sheriff's Department, who was sworn in by the court reporter. Direct examination by Atty. Drana. Atty. Drana moved Exhibit 21 into evidence. Officer Mielke stated "no objection". Atty. Drana moved Exhibit 20 into evidence. Officer Mielke stated Chairman Kreuser stated Exhibit 21 was accepted into evidence. Officer Mielke cross examined the witness. "no objection". Chairman Kreuser stated Exhibit 20 was accepted. Atty. Drana stated the Chief calls Lt. Paul Geiszler, Muskego Police Department as sixth witness, who was sworn in by the court reporter. Direct examination by Atty. Drana. Atty. Drana moved Chairman Kreuser accepted Exhibit 14 into evidence. Atty. Drana Exhibit 14 into evidence. Officer Mielke stated "no objection". asked Exhibit 15 be moved into the record. Officer Mielke stated "no objection". Chairman Kreuser accepted Exhibit 15 into evidence. Atty. Drana moved Exhibit 16 into evidence. Officer Mielke stated "no objection". Chairman Kreuser accepted Exhibit 16 Mielke stated "no objection". Chairman Kreuser accepted Exhibit 17 into evidence. Atty. Drana moved Exhibit 17 into evidence. Officer into evidence. Atty. Drana moved Exhibit 18 into evidence. Officer Mielke stated "no objection". Chairman Kreuser accepted Exhibit 18 Mielke stated "no objection". Chairman Kreuser accepted Exhibit 19 into evidence. Atty. Drana moved Exhibit 19 into evidence. Officer into evidence. Atty. Drana moved Exhibit 23 into evidence. Officer Mielke objected. Atty. Macy recommended the Commission note the objection and accept the document for what it's worth. Chairman Kreuser accepted Exhibit 23 noting the objection by Officer Mielke. witness. Officer Mielke cross examined Lt. Geiszler. Atty. Drana excused the The Commission recessed. The Commission returned to the hearing noting that Lt. G@iszler was now present. Officer Mielke stated "no objection". Atty. Drana called Chief John Johnson, who was sworn in by the court Exhibit 1 into evidence. Officer Mielke stated "no objection". reporter. Direct examination by Atty. Drana. Atty. Drana moved Police and Fire Commission Minutes of Meeting and Hearing Page 3 January 15, 1997 Chairman Kreuser accepted Exhibit 1 into evidence. Atty. Drana moved Exhibit 2 into evidence. Officer Mielke stated "no objection". Chairman Kreuser accepted Exhibit 2 into evidence. Atty. Drana moved Exhibit 3 into evidence. Officer Mielke stated Atty. Drana moved Exhibit 4 into evidence. Officer Mielke stated "no objection". Chairman Kreuser accepted Exhibit 3 into evidence. evidence. Atty. Drana moved Exhibit 5 into evidence. Officer "no objections". Chairman Kreuser accepted Exhibit 4 into Mielke stated "no objection". Chairman Kreuser accepted Exhibit 5 Mielke stated "no objection". Chairman Kreuser accepted Exhibit 22 into evidence. Atty. Drana moved Exhibit 22 into evidence. Officer into evidence. Officer Mielke cross examined the witness. Officer Mielke reserved his right to further examine Chief Johnson at a the night due to the late hour. Chairman Kreuser stated at the later date. Officer Mielke requested the hearing be concluded for start of the hearing it was agreed to go to midnight. Atty. Drana presented closing arguments. Officer Mielke presented closing arguments. Atty. Drana presented no rebuttal. Atty. Macy presented to the Commission the procedures to be followed. He noted that Exhibit 13 in the binder was not moved into evidence. Atty. Drana acknowledged that was correct. Mr. Martin moved to convene into Closed Session pursuant to 19.85(l)(a) Wis. Stats., Deliberating concerning a case which was the subject of any judicial or quasi-judicial trial or hearing before that governmental body, more specifically concerning the matter of Charges Dated the 18th day of November, 1996, Filed by Chief John Johnson, Complainant, Against Officer George Mielke, Accused, and Served Upon Accused on the 19th day of November, 1996 and pursuant to 19.85(1)(g), Wis. Stats., 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 the subject matter of this hearing. Mr. Horn seconded, motion carried by a roll call vote of 5-0. The Commission reconvened into Open Session. Mr. Horn moved to motion carried. Meeting adjourned at 12:12 A.M. adjourn until 7:OO P.M. on January 16, 1997. Mr. Kuwitzky seconded, Respectfully submitted, *K n K. Marenda, wd CMC werk-Treasurer A transcript of this meeting and hearing is available upon request. CITY OF MUSKEGO W182 S8200 Racine Avenue, Muskego, WI 53150 Phone - 679-4100 AFFIDAVIT OF SERVICE State of Wisconsin ) Waukesha County 1 1 ss Lc/~uj-&p~~~ rJbfl,tl J >&E7 on oath says that on the 17 day of Thn/u,q~y , 1977, - has served the within notice on G EO& GE E. /Y/E’L Kr‘ whom he knew to be the person within named by delivering to and leaving with him a true copy thereof. /7, Subscribed and sworn to before me this & day of JRPJVRA” , 199J. Notarymblic Waukeskd County, Wisconsin My commission expires: - 5 -A -99 a CITY OF MUSKEGO POLICE AND FIRE COMMISSION RESOLUTION # /-9 7 RESOLUTION APPROVING FINDINGS, DETERMINATIONS AND ORDERS IN THE MATTER OF: CHARGES DATED THE 18TH DAY OF NOVEMBER, 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 18th Fire Commission does hereby approve the attached Findings, Against Officer George Mielke, Accused. day of November, 1996, Filed by Chief John Johnson, Complainant, DATED this /& day of 1997 U POLICE AND FIRE COMMISSION OF THE CITY OF MUSKEGO /"-T W&//GG4/ ROBERT J. KRVSER, COMMISSION PRESIDENT Pursuant to Section 62.13(5) (f), a copy of this Resolution with Charges Dated the 18th day of November, 1996, Filed by Chief John the attached Findings, Determinations and Orders in the Matter of been filed with and received by the Secretary of the Board on the Johnson, Complainant, Against Officer George Mielke, Accused, has 16th day of January, 1997. POLICE AND FIRE COMMISSION E CITY OF MUSKEGO /d/d COMMISSION w SECRETARY CITY OF MUSKEGO POLICE AND FIRE COMMISSION RESOLUTION # /-97 RESOLUTION APPROVING FINDINGS, DETERMINATIONS AND ORDERS IN THE MATTER OF: CHARGES DATED THE 18TH DAY OF NOVEMBER, 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 18th Fire Commission does hereby approve the attached Findings, Against Officer George Mielke, Accused. day of November, 1996, Filed by Chief John Johnson, Complainant, DATED this /& day of , 1997 POLICE AND FIRE COMMISSION OF THE CITY OF MUSKEGO /-"7 4 ROBERT J. KRPSER, COMMISSION PRESIDENT FINDINGS, DETERMINATIONS AND ORDERS OF THE CITY OF MUSKEGO POLICE AND FIRE COMMISSION 0 ‘0 IN THE MATTER OF: CHARGES DATED THE 18TH DAY OF NOVEMBER, 1996, FILED BY CHIEF JOHN JOHNSON, COMPLAINANT, AGAINST OFFICER GEORGE MIELKE, ACCUSED FINDINGS OF FACT 1. There was filed on November 18, 1996 with the City of Muskego Police and Fire Commission a document entitled, “Charges Against Officer George Mielke“. 2. Said charges were served upon George Mielke pursuant to Wisconsin Statute §62.13(5) (d) on November 19, 1996. 3. Pursuant to Wisconsin Statute §62.13 (5) (d) , the Board set a date for hearing not less than 10 days nor more caused the same to be mailed to George Mielke on than 30 days following the service of charges and Mielke by leaving a copy of the notice with Debbie November 25, 1996 and personally served upon George Mielke on November 26, 1996. The date of said hearing was set for December 10, 1996 at 7:30 p.m at the Aldermen’s Room, Muskego City Hall, W182 S8200 Racine Avenue, Muskego, Wisconsin. 4. A hearing was held at the Aldermen‘s Room, Muskego City Hall, W182 S8200 Racine Avenue, Muskego, Wisconsin on December 10, 1996 at 7:30 p.m. at which time the accused appeared. At that time, the hearing was adjourned at the request of George Mielke as he indicated he needed additional time to prepare for the hearing. George Mielke at that time also requested that the hearing be delayed until the conclusion of any was the subject matter of the hearing and said request criminal proceedings growing out of the incident which was denied. The hearing was adjourned until January 15, 1997 at 7:OO p.m. at the Muskego Room, Muskego City Hall, W182 S8200 Racine Avenue, Muskego, Wisconsin and further hearing dates were then and there scheduled for January 16, 1997 and January 17, 1997 at 7:OO p.m. at the Muskego Room, Muskego City Hall, W182 58200 Racine Avenue, Muskego, Wisconsin if necessary. 5. A hearing was held at the Muskego Room, Muskego City Hall, W182 58200 Racine Avenue, Muskego, Wisconsin on January 15, 1997 at 7:OO p.m. and January 16, 1997 at 7:OO p.m. At the time of said hearing, the accused witnesses, compel the attendance of witnesses by appeared and each party had the opportunity to produce subpoena, cross-examine witnesses and be reprzsented by counsel. 6. The service of all notice requirements were made in a timely manner. 7. Throughout the proceedings, the Chief of Police was represented by the firm of Lindner & Marsack, S C. 8. Throughout the proceedings, George Mielks was not represented by an attorney. 9. All Commissioners were present throughout the entire proceedings other than Commissioner Mzrcin who appeared on January 15, 1997 during the reading of the charges and prior to any evidence being presentsd. 10. All Open Meeting Law requirements have been satisfied. 11. That prior to the hearing the following motions were made : A. George Mielke requested that witnesses be originally objected, but then withdrew his sequestered. Counsel for the Chief of Police objection, other than a request that the Chief of Police be allowed to remain at Counsel table granted George Mielke's request for sequestration, throughout the entire hearing. The Commission of Police, left the hearing room. in part, and all witnesses, other than the Chief B. George Mielke made a motion to dismiss the charges, which the Chairman denied. 12. The decision of the Commissioners was based solely on evidence presented at the hearina, which included the following: A. Oral sworn testimony of: Deputy Lamont Strandberg, Waukesha Councy Sheriff ' s Department ; Deputy Karen Strauss, Waukesha Cocnty Shriff's Department; Sgt. Grant Turner, Town of Mukwonago; Chief Anthony Kemnitz, Town of Mu'kwonago; -2- Inspector Gary Paluszcyk, Waukesha County Sheriff's Department; Lt. Paul Geisler, City of Muskego; and Chief John Johnson, City of Muskego. 9. Exhibits 1 through 12 and 14 through 23 were Mielke objected to Exhibit 23. The Board received received into evidence with one objection. George Exhibit 23 subject to the objection. 13. Based upon the evidence presented at the hearing and the exhibits all referred to above, the Commission finds the following facts: A. Deputy Lamont Strandberg testified that, on the night of incident in question, George Mielke was yelling at him, he detected a strong odor of intoxicants on George Mielke's breath, and noticed Deputy Strandberg stated that whenever George that George Mielke's speech was extremely slurred. Mielke said something to him, George Mielke would repeat it numerous times. Deputy Strandberg also testified that whenever he said something to George Mielke, George Mielke would repeat whatever that, in his opinion, George Mielke was definitely it was that was said. Deputy Strandberg stated intoxicated. Deputy Strandberg testified that George Mielke's moods ranged from extremely argumentative and agitated to a point where George Mielke was not yelling or swearing, but less than totally cooperative. Deputy Strandberg testified that George Mielke flew into a fit of rage for no several times throughout their conversations, apparent reason George Mielke told Deputy Strandberg that he realizes that he has a drinking problem, but that he does not need help. George Mielke also stated to Deputy Strandberg that he is an alcoholic, but that he does not want to take care of the problem, Deputy Strandberg asked George Mielke if he ever that he just needs to get out of his marriage. George Mielke became very upset and said, fuck the attempted counseling for his drinking problem, and George Mielke was placed into the back of a squad counselors. Deputy Strandberg testified that car, and Deputy Strandberg watched him while Deputies Strauss and Mech obtained a statement -3- 0 from Debbie Mielke. During this time, George Mielke again became extremely upset and told Deputy Strandberg that the Oswalds were nothing compared to him. George Mielke stated that he was a Vietnam veteran and had SWAT training and that he knows how to kill. George Mielke then stated that he wanted Deputy Strandberg to know that if was going to get hurt. Deputy Strandberg t,old the officers came back to his residence, someone George Mielke that George Mielke’s comments sounded like threats to him, and George Mielke way he wanted. told Deputy Strandberg to take the comments any Mielke told him several times that he was stressed Deputy Strandberg further testified that George to the limit and was about to crack and that when that happened, Deputy Strandberg did not want to be around him. George Mielke then told Deputy Strandberg that with the vantage point he has from his house, he could take anyone out at anytime. Deputy Lamont Strandberg took these threatening believe that George Mielke posed an actual threat statements seriously and felt there was reason to dispatched to the Mielke residence. Deputy to the safety of any law enforcement officer Strandberg felt there was reasonable basis to conclude that Mielke’s statements meant that Mielke has considered, or is considering, using firearms against officers responding to his residence in the future. As a result of George Mielke‘s statements, Deputy Strandberg wrote a report identifying these concerns to his commanding officers. Subsequently, the Waukesha County Sheriff‘s Department and the town of Mukwonago Police Warning‘ entry on their Computer Aided Dispatch Department have included a ”threat to Officer dispatched to the Mielke residence. systems which will appear whenever personnel are B. Referring to Deputy Karen Strauss, George Mielke exclaimed to Deputy Strandberg, “Why is that fucking bitch smoking?” C. Testimony was had at the hearing that upon his effect that he knew that the type of conduct arrest, George Mielke made statements to the described above could cost him his job. -4- , D. That George Mielke‘s conduct immediately prior to and while in custody was conduct unbecoming of an Code). Though he was under suspension and thus officer (§300.29 of the Department’s Penalty off duty at the time, the arresting officers were awars that George Mielke was a Muskego Police Officer . Y s. The Department has adopted Department Regulations effective dated 11-1-92 which were admitted into evidence and marked Exhibit 2; that Rule 300.29 was in full force and effect on October 3, 1996. F. That George 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 incident occurring on May 30, 1990 wherein George Mielke was observed Mielke ran off the road causing property off duty in an intoxicated condition; George damage; George Mielke failed to report the accident and left the scene on foot; and George Mielke was issued a citation for Waukesha County Sheriff‘s Department. The leaving the scene of an accident by the Mielke’s agreement to submit to alcohol suspension was not served based upon George assessment and treatment. 3) A fifteen (15) day suspension issued based on an incident occurring on July 23, 1992 wherein George Mielke, who had been drinking groped the buttocks of a young woman who knew in a Town of Vernon tavern, fondled and he was a City of Muskego police officer. The sexual contact was without consent and over the woman’s protest. When the woman and her boyfriend left the tavern, George Mielke 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’ll fuck her.” All but four (4) days of the suspension were waived conditioned upon George Mielke’s agreement to subject to psychiatric evaluation and treatment. -5- 4) A one hundred eighty (180) day suspension issued in August, 1996 based on two separate wherein George Mielke made improper and incidents which occurred on May 5, 1996 unwelcome sexual advances to Ms. Ann Wissing at the Williams Supper Club and later at the Club Durham in Muskego. These physical contacts took the form of unwelcome kissing and licking of the face, as well as fondling and groping of the buttocks. George Mielke was still serving this suspension at the time of the latest incident on October 3, 1996. G. That evidence was received at the hearing as to George Mielke's overall service record as set forth in Exhibit 22. H. 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 same, in part, in that officers are given a copy of the rules and instructed as to what the rules are and the likely consequences of violation of the same. I. The following rule is reasonable in that: Rule 300.29 generally requires officers to not engage in conduct unbecoming an officer; and This rule is reasonable and necessary, in part, to maintain discipline within the Department, respect maintain the good image of the Department with the for the Department and its officers and to general public. J. The Chief, before filing the charges, caused to be performed an investigation of whether or not George Mielke violated the rules of the Department, which investigation included taking witness statements in a timely manner and discussing the charges with the accused. K. 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. L. The Chief did discover substantial evidence of violation of Department Rule 300.29 through investigation of the charges in question. -6- M. The Chief is applying said rules fairly and reasonably and without discrimination in seeking disciplinary action against George Mielke. N. The filing of charges and the seeking to discipline George Mielke reasonably relates to the seriousness of the alleged violation set forth above and to George Mielke's record of service within the Department in that George Mielke has a prior record of suspensions for misconduct relating, in part, to alcohol abuse, sexual harassment and violation of Department rules. 14. 3ursuant to the Open Meeting Law, at the close of the public hearing, after meeting all statutory requirements, the City of Muskego Police and Fire Commission went into closed session pursuant to Wisconsin Statute §19.85(1) (a) and §19.85(1) (g). 15. aftzr the closed session, the City of Muskego Police and Fire Commission reconvened into open session to take action as noticed. 16. In open session, the City of Muskego Police and Fire Commission approved these Findings, Determinations and Orders and filed the same with the Commission Secretary within three (3) days of the conclusion of the hearing. - DETERMINATIONS Based upon the Findings of Fact stated above, the City of Muskego Police and Fire Commission determines that there is just cause to sustain the charges as stated in these Findings, Determinations and Orders and makes the following determinations based upon the standards 3s set forth in Wisconsin Statute 562.13, most specifically (em). 1. The subordinate George Mielke could reasonably be expected to have knowledge of the probable consequences of his conduct; and 2 The rule which was violated by the subordinate George Mielke are reasonable; and 3. Chief Johnson, before filing the charges against the subordinate George Mielke, did make a reasonable effort to discover whether George Mielke did violate the rules; and 4 The effort described above in No. 3 was fair and objective; and -7- 5. Chief Johnson did discover substantial evidence that George Mielke violated rules of the Department as described in the charges; and 6. Chief Johnson did apply the rules fairly and without discrimination against George Mielke; and 7. The proceedings and a proposal to discipline George Mielke does relate to the seriousness of the alleged violations and George 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 George Mielke in the marked Exhibit 1 alleging violation of Department Rule complaint of the Chief dated November 18, 1996 and 300.29 have been proved and are sustained by the Board; and 2. The charges as stated above in Number 1 have been proved and sustained by the Board, the Board does hereby order dismissal and removal from the Department. 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. -8-