[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.
[Amended 11-9-2021 by Ord. No. 21-05]
A.
The Plan
Commission shall consist of the Village President, a member of the
Village Board, who shall be appointed annually by the Village President
with Village Board affirmation, 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 and 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.
B.
The Plan
Commission shall nominate, second and approve by majority vote a Plan
Commission Chair. The Plan Commission Chair will be responsible for
managing the meeting and ensuring that proper powers and duties as
prescribed by § 62.23, Wis. Stats., and such other powers
as are delegated to it by the Village Board are maintained. The Plan
Commission Chair will be an annual appointment and further reviewed
immediately following overall member appointments/reaffirmations 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.
A.
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]
B.
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.[1]
[Amended 1-12-1999 by Ord. No. 99-01]
C.
Disciplinary action against police officers.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(8)
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]
D.
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]
A.
The Village
shall pay all Village-appointed members on the Airport Commission,
Ambulance Board, Historic Preservation Commission, Osceola Chamber
of Commerce, 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.
[Amended 5-10-2022 by Ord. No. 22-02]
B.
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.
