Loading...
pfcm11302023Approved CITY OF MUSKEGO POLICE AND FIRE COMMISSION MINUTES ^� Cry W November 30, 2023 u PM Ms SKEGO ukego Police Department, W182 S8200 Racine �'�j� Avenue CALL TO ORDER Meeting was called to order at 6:OOPM by Commissioner Kuspa. PLEDGE OF ALLEGIANCE ROLL CALL Commissioners Kuspa, Jaske, Boyer, Hauboldt and Hammitt were present STATEMENT OF PUBLIC NOTICE Posted 11/22/23. PUBLIC APPEARANCE OLD BUSINESS Discussion/Approval of Policy Regarding Disciplinary Hearing Procedures Conducted by the City of Muskego PFC — Paragraph 1 —under preliminary hearing. The last sentence Service of charges must be by personal service by the complainant upon the accused at the time the charges are filed. Will be removed. The below is entire policy. Commissioner Hammitt made a motion to approve with the above change. Commissioner Hauboldt seconded. Motion passed all in favor. CITY OF MUSKEGO POLICE AND FIRE COMMISSION DISCIPLINARY HEARING PROCEDURES The procedures outlined below are applicable to all quasi-judicial hearings conducted by the Commission. These hearings may arise as an appeal of disciplinary suspensions issued by a Chief or the Commission (if a Chief is the appealing party) or upon the proper filing of formal charges pursuant to Section 62.13(5), Wis. Stats. A. Preliminary Hearing. Charges may be filed against any subordinate, the Chief of Police, and the Fire Chief by anyone specified under Section 62.13(5), Wis. Stats. When charges against a member of the police or fire department or chief of either department are filed with the president, if the date of filing be more than 10 business days prior to the next regular meeting, the president shall call a special meeting of the Commission. Such meeting shall be in open session. However, the Commission may deliberate the disposition of the matter in closed session. Should such filing be within 10 business days of the next regular meeting, it shall not be necessary to call a special meeting, but the subject matter shall be considered as part of the agenda of the next regularly scheduled meeting. 2. Following the filing of charges in any case, a copy of the charges shall be served within a reasonable amount of time by the Commission or its representative upon the person charged. 3. Notice of such regular or special meeting shall be given in normal and customary manner not less than 24 hours prior thereto and shall, in addition, be given to the complainant and accused. A copy of the charges shall be furnished along with the notice to the accused with explanation that delivery thereof does not constitute service. 4. The purpose of such preliminary hearing shall be: a. To read and examine the charges, not as to merit, but as to the sufficiency of their form and nature. The charges may be deemed sufficient as to their form and nature by the Commission if they meet the following requirements: i. Be in writing on a form provided by or approved by the Commission; ii. Be addressed to the Muskego Police and Fire Commission; iii. Identify the person against whom the charges are brought; iv. State facts in a sufficient form that demonstrates the basis for the charging party's belief that the alleged conduct satisfies the requirements of Section. 62.13(5)(em)1-7, Wis. Stats, and in a sufficient form to allow the accused to know and understand the factual allegations and to be able to prepare his or her defense. If any portion of the charges is made upon information or belief, the source of such information and belief shall be stated, including the names and addresses of witnesses having such knowledge. The charge shall specifically indicate the date and place of the alleged offense. V. State the specific Code of Conduct, Rules and Regulations, City Work Rules, and/or any state or federal law which the accused is charged with violating; vi. Be sworn to under penalty of perjury; vii. Be filed with the President or Secretary of the Commission (in the event that the charges are filed with the Secretary, the Secretary shall thereupon file the charges with the President.) b. In this preliminary consideration of the charges, which shall not be evidentiary in nature, the accused and the complainant and their attorneys may be heard. The City Attorney shall, upon request of the president of the Commission, attend such meeting and advise the Commission as to the proceedings. 5. If the charges are found to be sufficient as to form and nature, the Commission shall proceed to consider administrative details to be involved in disposition of the charges, as set forth below. 6. If the charges are found not to be sufficient as to form and nature: a. If deemed by the Commission to be so insufficient that even if proven no disciplinary action could be sustained, the same may be dismissed. b. If deemed rectifiable, the Commission shall establish a time within which the complainant may amend the same and re -file. 7. The Commission shall consider the following administrative details in proceeding toward disposition of the charges: a. Set a hearing date within the time frame provided by the statute, unless such time frame is waived by stipulation of the complainant and the accused. b. Set dates for the parties to exchange witness and exhibit lists in advance of the hearing date. C. Determine the need, if any, for employment of special counsel. d. Direct the obtaining of a court reporter for the hearing. e. Direct the issuance of subpoenas by the president and payment of witness fees. The service of the subpoena and the cost of service fees, witness fees and other related expenses shall be borne by the party requesting the subpoena. f. Determine the format of the public hearing and direct the furnishing of information relative thereto to the parties and their attorneys, if any. g. Direct the giving of any required notice of public hearing. h. If there is more than one charge against an accused which emanates from a specific event, all such charges may be consolidated and be heard in one hearing. The President is authorized to take reasonable steps to effectuate a consolidation. B. Hearings. 1. The hearing shall be open to the public. The Commission may take final action in closed session and continually reserves its right to go into closed session as allowed by law. 2. The responsibility for prosecuting a case shall be with the person filing the charge. The burden of proof for proving the charges shall be by preponderance of the evidence. 3. The accused and the complainant shall be entitled to representation by counsel. The City Attorney shall advise the Commission, unless the Commission determines retention of special counsel is most appropriate. 4. All testimony of witnesses shall be under oath. 5. All public portions of the hearing shall be recorded electronically or by court reporter or both. The decision regarding the manner in which a record of the hearing will be made shall be at the discretion of the Commission. 6. At the hearing, the order shall be as follows: a. Reading of the charges by the Secretary. b. Opening statements by the charging party and the accused. C. Testimony and introduction of evidence by the charging party to substantiate the charges with right of cross-examination by the accused. d. Testimony and introduction of evidence by the accused with right of cross- examination by the charging party. e. The charging party's closing arguments; accused arguments; charging party's rebuttal argument. 7. Wisconsin law does not require that the proceedings adhere strictly to regular court proceedings and to the formalities of introducing testimony, and the Commission shall permit more latitude in the admission and consideration of evidence. However, conclusions based upon hearsay alone are not competent and substantial evidence upon which a dismissal or disciplinary action can be based. 8. Subject to a motion for consideration by the full Board made by a member of the Board, the president will rule upon all questions, objections and motions as to procedural matters, admissibility of evidence and similar issues. All objections, questions and motions shall be directed at the president of the Commission. C. The Secretary shall keep a record of each preliminary hearing, name and address of the accused and complainant, a brief description of the charges involved, and the final disposition of the case. The secretary shall also keep a record of all other important data and dates concerning the case, such as date of filing notice of appeal, date of sending out notices and to whom sent, date of posting of notice of preliminary hearing and hearing and dates of all hearings, continuances and final determination, and all exhibits and documents involved in a hearing, including the transcript. D. At the conclusion of the hearing, the Commission shall prepare written findings of fact based upon the evidence presented and conclusions which are based upon the Commission's findings. For purposes of deliberation after the hearing, the Commission may choose to adjourn into closed session pursuant to Section 19.85, Wis. Stats. E. If the Commission determines that the charges are sustained, the accused, by order of the Commission, may be suspended, reduced in rank, suspended and reduced in rank, suspended and reduced, removed or otherwise disciplined. NEW BUSINESS Lieutenant Promotion — Chief requested approval from the PFC to promote Sgt. Jeffry Monreal to Lieutenant. Commissioner Hauboldt made a motion to approve Sgt. Jeffry Monreal's promotion to Lieutenant. Commissioner Boyer seconded. Motion passed all in favor. CLOSED SESSION 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 a personnel disciplinary matter. 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. Commissioner Boyer made a motion to go into closed session, Commissioner Hammitt seconded. Roll call vote taken, motion passed all in favor. Meeting went into closed session at 6:08PM. OPEN SESSION Commissioner Jaske made a motion to go back into open session, Commissioner Boyer seconded. Motion passed all in favor. Meeting was back in open session at 6:50PM. ADJOURNMENT Commissioner Boyer made a motion to adjourn, Commissioner Hauboldt seconded. Motion passed all in favor. Meeting was adjourned at 6:50PM.