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PFC Agenda 12202023*Special Meeting CITY OF MUSKEGO POLICE AND FIRE COMMISSION AGENDA 12/20/2023 5:30 PM Muskego City Hall, Council Chambers, W182 S8200 Racine Avenue CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL STATEMENT OF PUBLIC NOTICE PUBLIC APPEARANCE NEW BUSINESS MOTION OF CLOSED SESSION Czl of USKEGO iv__ Following conclusion of consideration of the above portion of its regularly scheduled agenda, the Police and Fire Commission will meet to vote on a motion to convene in Closed Session for the purpose of conferring with legal counsel relating to the procedures for the Preliminary Hearing of December 20, 2023, at 6pm, regarding the charges filed by Chief Stephen Westphal against Officer Andrew Sundstrom. A closed session for the above purpose is authorized pursuant to the provisions of Wisconsin State Statute, Section 19.85 (1) (G): Conferring 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. Upon conclusion of the Closed Session, the Police and Fire Commission will convene in Open Session to consider its public agenda, including motions to recommend approval or rejection of the above -listed deliberations or any of the public agenda items that have not been acted upon. CLOSED SESSION OPEN SESSION OLD BUSINESS Preliminary Hearing in accordance with Wisconsin State Statutes 62.13(5) and the City of Muskego Police and Fire Commission Disciplinary Hearing Procedures Section A (1-7), regarding In The Matter of The Charges Filed Against Officer Andrew Sundstrom by Chief of Police Stephen Westphal. MOTION OF CLOSED SESSION Following conclusion of hearing arguments presented by counsel on behalf of Chief Westphal and counsel on behalf of Officer Sundstrom pertaining to the matter referenced under the title of "Old Business" on the agenda herein, the Police and Fire Commission will meet to vote on a motion to convene in Closed Session for the purpose of deliberations regarding whether the charges filed against Officer Sundstrom by Chief Westphal are sufficient solely as to form and nature. A closed session for the above purpose is authorized pursuant to the following: Wisconsin State Statute, Section 19.85 (1)(B): Considering dismissal, demotion, licensing or discipline of any public employee or person licensed by board or commission or the investigation of charges against such person, or considering the grant or denial of tenure for a university faculty member, and the taking of formal action on any such matter; provided that the faculty member or other public employee or person license is given actual notice of any evidentiary hearing which may be held prior to final action being taken and of any meeting at which final action may be taken. The notice shall contain a statement that the person has the right to demand that the evidentiary hearing or meeting be held in open session. This paragraph and par. (f) do not apply to any such evidentiary hearing or meeting where the employee or person licensed requests that an open session be held. Section 19.85 (1) (G): Conferring 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. Upon conclusion of the Closed Session, the Police and Fire Commission will convene in Open Session to consider its public agenda, including motions to recommend approval or rejection of the above -listed deliberations or any of the public agenda items that have not been acted upon. CLOSED SESSION OPEN SESSION Statement of Findings by the Commission as a result of the Preliminary Hearing regarding In the Matter of Charges Filed Against Officer Andrew Sundstrom by Chief of Police Stephen Westphal Consider Administrative Details If a determination is made by the Police and Fire Commission to proceed to a Hearing on the merits of the charges to result in a written determination to sustain or dismiss the charges against Officer Sundstrom. ADJOURNMENT NOTICE IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF THEMUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE -STATED MEETING TO GATHER INFORMATION; NO ACTION WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE -STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE. ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS SERVICE, CONTACT MUSKEGO CITY HALL, (262) 679-4100.