SB 512

This bill makes a number of changes that affect first class city (presently only

Milwaukee) police and fire departments, and the board of fire and police

commissioners. The bill makes some similar changes that affect other cities,

villages, and towns, a change related to the standard of proof in disciplinary

procedures that affects both a first class city and other cities, villages, and certain

towns, and a change that applies to the makeup of boards of police and fire

commissioners. Currently, not more than three members of a first class city

seven-person board, or four members of a first class city nine-person board, may be

members of the same political party. Under the bill, members who are affiliated with

a political party must be selected by the mayor from lists submitted by the chief

officer of each of the two major political parties. Under the bill, the board of a first

class city must have at least one member with professional law enforcement

experience and at least one member with professional fire fighting experience. With

regard to other cities, villages, and certain towns, the bill requires their boards to

have at least one member who has either professional law enforcement experience

or professional fire fighting experience. The law enforcement and fire fighter

members are selected by a first class city mayor from a list of names submitted by

the respective associations of members of the police department and fire department.

Political party affiliation requirements do not apply to the law enforcement and fire

fighter members of the board, but such members are generally restricted from

making financial contributions to political candidates within three years of their

appointment.

The bill also specifies that when a three-member panel of a first class city board

conducts a trial to evaluate a complaint filed against a member of either department,

at least one member of the panel must have professional law enforcement experience

if the accused is a police officer, and one such member must have professional fire

fighting experience if the accused is a fire fighter.

The bill authorizes such a board to adopt rules to allow the use of a hearing

examiner, who must be agreed to by the parties, to assist the board with disciplinary

hearings and appeals. In addition, the bill removes the executive secretary of the

board from the mayor's cabinet.

The bill creates the office of independent monitor. This person acts as the

principal staff of a first class city board, reviews certain situations or investigations

involving the police or fire department, evaluates police and fire department policies

and practices, and issues periodic reports to the public relating to the status and

outcome of complaints that have been filed. The independent monitor is appointed

by the mayor and confirmed by the common council and serves a four-year term,

although he or she serves at the pleasure of the board and may not be removed by

the mayor or common council.

When a first class city board appoints a chief of either department, the bill