Boards of police and fire commissioners and protective services departments in populous cities. (FE)

Each of these boards must contain at least one member selected from a list provided by each of 1) the employee association that represents nonsupervisory law enforcement officers and 2) the employee association that represents fire fighters.

This bill provides a method for selecting members of affected PFC boards when the mayor fails to make an appointment to a vacant position. If the mayor fails to make an appointment within 120 days of the occurrence of a vacancy, the common council may make the appointment, except when the vacant position is one that must be filled from one of the lists described above. In this case, the association that provided the list may make the appointment without confirmation by the common council.

In a first class city, a three-member panel of the board of fire and police commissioners may conduct and decide a trial to evaluate a complaint against a member of the police or fire department. This bill specifies that when a three-member panel conducts such a trial, at least one member of the panel must have professional law enforcement experience if the accused is a police officer, and at least one such member must have professional fire fighting experience if the accused is a fire fighter.

The bill also requires each member of an affected PFC board to take a training class provided by the city in which it operates. The training class must cover the mission and role of the board, the procedures that apply to disciplinary hearings, the conduct policies of the police and fire departments, and use of force guidelines of the police department. A member may not participate in any action of the board until he or she completes the training class and any other training required by the city.

The bill also creates the office of executive director in a first class city and the office of independent monitor in a second class city with a population of 200,000 or more. Despite the different titles, these positions have the same duties and requirements. This person acts as the principal staff of an affected PFC 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 executive director or independent monitor is appointed by the mayor and confirmed by the common council and serves a four-year term, at the pleasure of the board.

This bill also specifies the following related to affected PFC boards:

1. When an affected PFC board appoints a protective services chief, the board must meet in closed session with representatives of the employee association whose members will serve under the proposed chief.

2. When an affected PFC board appoints a protective services chief, the board must hold at least two public meetings to hear comments from residents of the city and other interested persons.

3. When a member is appointed to an affected PFC board, the common council must hold two public hearings that include public comment periods with regard to the appointments.

4. If an affected PFC board accepts an additional application for chief of police after the application period for accepting these applications has closed, the board must reopen the application period for an additional seven days.

5. If the common council adopts a resolution by a two-thirds majority to conduct a performance review of a protective services chief, an affected PFC board must conduct the review and provide a written report to the common council.

6. A PFC board member may not continue in office after the expiration of his or her term, unless reappointed and, in a first class city, confirmed.

Currently, if a board of fire and police commissioners of a first class city discharges, suspends, or reduces in rank an officer or member of the police or fire department, the disciplined person may appeal that decision to a circuit court. This bill specifies the scope of review under which a court is to review an appeal of this sort. Under the bill, a court must review the evidence independently and without deference to the board's findings; must reverse the board's decision if it finds that fairness or correctness of the action has been impaired by material or procedural errors; and must set aside or modify the board's decision if it finds that the board erroneously interpreted a provision of law, or may remand the case to the board for further action that is consistent with current law. The bill also requires the court to reverse the board's decision if it finds that the board's exercise of discretion is outside of its delegated powers; is inconsistent with a board rule, policy, or practice, unless the board's deviation is adequately explained; or violates the constitution or the statutes. The bill also authorizes a court to take additional testimony, depositions, and interrogatories, and to grant requests for additional discovery.