[HISTORY: Adopted by the Village Board of the Village of Osceola 8-10-1993 by Ord. No. 7-93 as Sec. 1.03 of the 1993 Code. Amendments noted where applicable.]
[Amended 1-12-1999 by Ord. No. 99-01]
The Board of Review shall consist of the Village President, the Village Administrator and a member of the Village Board appointed annually by the Village President. The President shall appoint any additional members of the Board to serve on the Board of Review with all powers, duties and obligations of such Board. The Administrator shall attend meetings of the Board of Review but shall not vote.
The Health Officer and the Village President shall act as the Board of Health.
The Plan Commission shall consist of the Village President, who shall be its presiding officer, a member of the Village Board, who shall be appointed annually by the Village President, and five citizens appointed for three-year terms. Appointments of citizen members shall be staggered so that no more than two members are appointed each year. All appointments made by the Village President to the Plan Commission shall be approved by a majority vote of the members of the Village Board present and voting. The Plan Commission shall have the powers and duties prescribed by § 62.23, Wis. Stats., and such other powers as are delegated to it by the Village Board.
The Library Board shall be appointed pursuant to § 43.54, Wis. Stats.
The Board of Appeals shall be appointed pursuant to § 62.23(7)(e), Wis. Stats.
Purpose. A Village Police Review Board is hereby created pursuant § 61.65, Wis. Stats., to act in place of the Board of Police and Fire Commissioners under § 62.13(5), Wis. Stats. The Police Review Board shall have the power to suspend, reduce, suspend and reduce or remove any Police Chief or any other police officer who is not probationary as herein provided.
[Amended 10-11-2005 by Ord. No. 05-08]
Appointment. The Police Review Board shall consist of three citizens, who shall be residents of the Village, two of whom shall constitute a quorum. The Village President shall appoint the initial Board to staggered three-year terms, subject to Village Board approval, and, thereafter, the Village President shall annually in April appoint one member for a term of three years. The Village shall pay each member the sum as set by resolution of the Village Board from time to time.
[Amended 1-12-1999 by Ord. No. 99-01]
Disciplinary action against police officers.
A nonprobationary police officer may be suspended as hereinafter provided as a penalty. He or she may also be suspended by the Police Review Board pending the disposition of charges filed against him or her.
Charges may be filed against a police officer by the Chief, by a member of the Police Review Board, by the Police Review Board as a body or by any aggrieved person. Such charges shall be in writing and shall be filed with the President of the Police Review Board. Pending disposition of such charges, the Board or Police Chief may suspend such police officer without pay.
A police officer may be suspended for cause by the Police Chief or by the Police Review Board as a penalty. The Police Chief shall file a report of such suspension with the Police Review Board immediately upon issuing the suspension. No hearing on such suspension shall be held unless requested by the suspended police officer. If the police officer suspended by the Police Chief requests a hearing before the Police Review Board, the Police Chief shall be required to file the charges with the Police Review Board upon which such suspension was based.
Following the filing of charges in any case, a copy thereof shall be served upon the person charged. The Police Review Board shall set a date for hearing not less than 10 days nor more than 30 days following service of 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 President of the Police Review Board on request and be served as are subpoenas under Ch. 885, Wis. Stats.
If the Police Review Board determines that charges are not sustained, the accused, if he or she has been suspended, shall be immediately reinstated and lost pay restored. If the Police Review Board determines that charges are sustained, the accused, by order of the Police Review Board, will be suspended or reduced in rank, suspended and reduced in rank or removed.
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 Police Review Board.
Any person suspended, reduced, suspended and reduced or removed by the Police Review Board may appeal from the order of the Police Review Board to the Circuit Court by serving written notice thereof on the Secretary of the Police Review Board within 10 days after the order is filed. Within five days thereafter, the Board shall certify to the Clerk of Court the record of the proceedings, including all documents, testimony and minutes. The action shall thereafter proceed in manner as set forth in § 62.13(5)(i), Wis. Stats. The trial shall be by the Court and upon the return of the Board, except that the Court may require further return or the taking and return of further evidence by the Board. 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 Village. If the order of the Police Review Board is reversed, the accused shall be immediately reinstated and entitled to his or her pay as though in continuous service. If the order of the Police Review Board is sustained, it shall be final and conclusive.
[Amended 1-12-1999 by Ord. No. 99-01]
Disciplinary action against Police Chief. The provisions of Subsection C shall apply to the demotion, suspension or removal of the Police Chief. In addition thereto, the Police Review Board may suspend the Police Chief pending disposition of charges filed by the Police Review Board or by the Village President.
All persons who shall be appointed to any boards or commissions of the Village shall, while serving within their capacity as members of such boards and commissions, have the benefit of full support and cooperation of the Village and shall, when acting within the capacity of that board and commission, be held harmless from personal liability to any third parties, and the Village agrees to defend and represent such members of boards and commissions when acting within their official capacity as a member of such boards or commissions.
[Added 1-8-2008 by Ord. No. 08-01]
The Village shall pay all Village-appointed members on the Airport Commission, Ambulance Board, Historic Preservation Commission, Housing Authority, Library Board, and Planning Commission, including members of the Village Board appointed to those boards and commissions, the sum as set by resolution of the Village Board from time to time for attendance at the scheduled monthly meetings. The Village shall pay all Village-appointed members on the Board of Appeals, Board of Review, Ethics Board, Police Board of Review, and Redevelopment Authority, including members of the Village Board appointed to those boards and commissions, the sum as set by resolution of the Village Board from time to time for attendance at the periodic meetings of the listed bodies.
Meetings must be attended in order to receive payment. Payment for meetings will be made annually before December 31 of each year. Mileage for meetings and seminars outside of the Village is reimbursed at the current Village rate.