City of Muskego, WI
Waukesha County
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Table of Contents
Table of Contents
[Adopted 12-23-1964 by Ord. No. 1 as Ch. 4 of the 1964 Code]
There is hereby created a Police and Fire Commission consisting of five citizens, three of whom shall constitute a quorum. The Mayor shall annually, between the last Monday of April and the first Monday of May, appoint one member, subject to the confirmation of the Council, for a term of five years and such person's name shall be filed in writing with the Secretary of the Commission. The Commission shall keep a record of its proceedings.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Throughout Art. I, "Board" was amended to "Commission" at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The Commission shall appoint the Chief of Police, who shall hold his office during good behavior, subject to suspension or removal by the Commission for cause.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Appointments. The Chief shall appoint subordinates subject to approval by the Commission. Such appointments shall be made by promotion when this can be done with advantage; otherwise, from an eligible list provided by examination and approval by the Commission and kept on file with the Clerk.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Choosing eligible list. For the choosing of such list the Commission shall adopt, and may repeal or modify, rules calculated to secure the best service in the Department. These rules shall provide for examination of physical and educational qualifications, habits, reputation, and experience and may provide such competitive examinations as the Commission shall determine and for the classification of positions with special examination for each class. The Commission shall print and distribute the rules and all changes in them, at City expense.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Examinations. The examinations shall be free for all citizens of the United States over 18 years of age, with proper limitations as to residence, health, habits and character. They shall be practical in character and relate to those matters which will fairly test the capacity of the candidates for the positions they seek, and may include tests of manual skill and physical strength. The Commission shall control examinations and may designate and charge examiners, who may or may not be otherwise in the official service of the City, and whose compensation shall be fixed by the Commission and paid by the City. In the case of veterans, other conditions being equal, a preference shall be given in favor of veterans of any of the wars of the United States. Preference is defined to mean whenever an honorably discharged veteran competes in any examination he shall be accorded five points, and if such veteran has a disability which is directly or indirectly traceable to war service, he shall be accorded another five points, in addition to earned ratings therein, except that such preference shall not be granted to any veteran competing in such examination who has not obtained at least a passing grade.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Reemployment of retired personnel. Any person who has completed at least 20 years of service on an authorized police department and who has retired on the assumption that he was eligible for a pension under §§ 40.01 to 40.08, Wis. Stats., and all amendments thereto, may be reemployed in a position commensurate with his physical and mental abilities within the Department for such a period as may be required to make him eligible for a pension without regard to the qualifications imposed on persons first entering such service.
A. 
Suspension. A subordinate may be suspended as hereinafter provided as a penalty. He may also be suspended by the Commission pending the disposition of charges filed against him.
B. 
Filing of charges. Charges may be filed against a subordinate by the Chief, by a member of the Commission, by the Commission as a body, or by an elector of the City. Such charges shall be in writing and shall be filed with the Chairperson of the Commission. Pending disposition of such charges, the Commission or Chief may suspend such subordinate.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Procedure on suspension. A subordinate may be suspended for cause by the Chief or the Commission as a penalty. The Chief shall file a report of such suspension with the Commission immediately upon issuing the suspension. No hearing of such suspension shall be held unless requested by the suspended subordinate. If the subordinate suspended by the Chief requests such a hearing before the Commission, the Chief shall be required to file charges with the Commission upon which such suspension was based.
D. 
Hearing on charges. Following the filing of charges in any case, a copy thereof shall be served upon the person charged. The Commission shall set the date for the hearing not less than 10 days nor more than 30 days following service of such charges. The hearing on the charges shall be public, and both the accused and the complainant may be represented by an attorney and may compel the attendance of witnesses by subpoenas which shall be issued by the Chairperson of the Commission on request and be served as are subpoenas in justice court.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Action by Commission on charges. If the Commission determines that the charges are not sustained, the accused, if suspended, shall be immediately reinstated and all lost pay restored. If the Commission determines that the charges are sustained, the accused, by order of the Commission, may be suspended, or reduced in rank, or suspended and reduced in rank, or removed, as the good of the service may require. No subordinate may be suspended, reduced in rank, suspended and reduced in rank, or removed by the Commission unless the Commission determines whether there is just cause as described in § 62.13(5)(em), Wis. Stats., to sustain the charges.
[Amended 7-6-2000 by Ord. No. 1030]
F. 
Filing of written findings. Findings and determinations hereunder and orders of suspension, reduction, suspension and reduction, or removal shall be in writing and, if they follow a hearing, shall be filed within three days thereof with the Secretary of the Commission.
G. 
Rules for administration. Further rules for the administration of this section may be made by the Commission.
H. 
Compensation to be paid during suspension. No person shall be deprived of compensation while suspended pending disposition of charges.
I. 
Appeal from disciplinary action. Any person suspended, reduced, suspended and reduced, or removed by the Commission may appeal from the order of the Commission to the Circuit Court by serving written notice of the appeal on the Secretary of the Commission within 10 days after the order is filed. Within five days after receiving written notice of the appeal, the Commission shall certify to the Clerk of the Circuit Court the record of the proceedings, including all documents, testimony and minutes. The action shall then be at issue and shall have precedence over any other cause of a different nature pending in the Court, which shall always be open to the trial thereof. The Court shall upon application of the accused or the Commission fix a date of trial, which shall not be later than 15 days after such application except by agreement. The trial shall be by the Court and upon the return of the Commission, except that the Court may require further return or the taking and return of further evidence by the Commission. The question to be determined by the Court shall be: upon the evidence is there just cause, as described under § 62.13(5)(em), Wis. Stats., to sustain the charges against the accused. No costs shall be allowed either party, and the Clerk's fees shall be paid by the City. If the order of the Commission is reversed, the accused shall be forthwith reinstated and entitled to pay as though in continuous service. If the order of the Commission is sustained, it shall be final and conclusive.
[Amended 7-6-2000 by Ord. No. 1030]
J. 
Disciplinary actions applicable to Chief. The provisions of Subsections A through I shall apply to disciplinary actions against the Chief where applicable. In addition thereto, the Commission may suspend the Chief pending disposition of charges filed by the Commission or by the Mayor.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Order of layoff. When it becomes necessary, because of need for economy, lack of work or funds, or for other just causes, to reduce the number of subordinates, the emergency, special, temporary, part-time, or provisional subordinates, if any, shall be dismissed first, and thereafter subordinates shall be dismissed in the order of the shortest length of service in the Department.
B. 
Reducing higher positions. When it becomes necessary for such reasons to reduce the number of subordinates in the higher positions or offices, or to abolish any higher positions or offices in the Department, the subordinate or subordinates affected thereby shall be placed in a position or office in the Department less responsible according to his efficiency and length of service in the Department.
C. 
Subordinates laid off to be placed on eligible list. The name of a subordinate dismissed for any cause set forth in this section shall be left on an eligible reemployment list for two years after date of dismissal. If any vacancy occurs, or if the number of subordinates is increased, in the Department, such vacancy or new position shall be filled by persons on such list in the inverse order of the dismissal of such persons.
A. 
To be fixed by Council. The salaries of Chief of Police and subordinates shall be fixed by the Council. Such salaries when so fixed may be increased but not decreased by the Council without a previous recommendation of the Commission. The Council may provide that the salaries shall increase with length of service.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Rest days for police officers. The Council shall provide for and the Chief of the Police Department shall assign to each police officer in the service of the City two full rest days of 24 consecutive hours during each 192 hours, except in cases of positive necessity by some sudden and serious emergency which, in the judgment of the Chief of Police, demands that such day of rest be not given at such time. Arrangements shall be made so that each full rest day may be had at such time or times as will not impair the efficiency of the Department.
C. 
Workdays of police officers. The Council shall provide for a working day of not more than eight hours in each 24 except in cases of positive necessity by some sudden and serious emergency which, in the judgment of the Chief of Police, demands that such workday shall be extended beyond the eight-hour period at such time, and when such emergency ceases to exist, all overtime given during such emergency shall be placed to the credit of such police officers and additional days of rest given therefor.
A. 
The Council may provide by ordinance for either a paid or a volunteer Fire Department and for the management and equipment of either insofar as not otherwise provided for by law. If there is a paid department, the full paid force shall be divided into two platoons, each of which shall be on duty alternately. The Commission shall fix the hours of duty, which shall be as nearly equal as practicable, and no firefighter shall be continuously on duty longer than the Commission shall have thus determined, except in case of a peril which in the judgment of the officer in charge makes it a positive necessity.
B. 
The Council, at such time as the City shall have a paid Fire Department, shall provide for and the Fire Chief shall divide the full said fire-fighting force in the Fire Department into two bodies or platoons. Each platoon shall work or be on duty alternately an equal number of hours or as nearly so as the Fire Chief shall decide, provided that no member of the platoon shall be on duty for a longer continuous period of time than the Fire Chief shall designate, except in cases of positive necessity by some sudden and serious fire, accident, or other peril which in the judgment of the Chief or other officer in charge demands.
Any person employed who can qualify shall become a participating employee for pension purposes under §§ 40.01 to 40.08, Wis. Stats., and all amendments thereto.
At such time as the City shall have a paid Fire Department, any person thereafter employed and who can otherwise qualify shall be, or become, a participating employee for pension purposes under §§ 40.01 to 40.08, Wis. Stats., and all amendments thereto.
Subject to approval of the Council, the Fire Chief may establish rules requiring firefighters to obtain permission before leaving the City.