The police and fire commission is a group of 5 citizen appointed by the Village to serve a term of 5 years. Only 3 members of the PFC need to be present for a quorum. The board has responsibilities such as appointing the Chief of Fire and Chief of Police and approving subordinate appointed by the Chiefs.
Discipline Actions
When disciplines are severe charges may be bought forth to the PFC by the Chief, by a PFC member, by the PFC board, or any aggrieved person. These include suspension, reduction in rank, suspension and reduction in rank, and termination. The Chief or the PFC can suspend a member with just cause but is required to file the suspension with the President of the PFC board, no hearing will take place unless the suspended subordinate requests one.
If charges are filed, you maybe suspended with pay until the outcome of your hearing. Hearing will take place not less than 10 days nor more than 30 days after you receive notice of your charges/hearing.
During a PFC hearing you and the complainant are allowed attorneys present and can subpoena witnesses. If your charges are not sustainable you will be re-instated with any loss of pay restores. If the charges are sustainable the board and suspend, reduce your rank, suspend and reduce your rank, or remove you.
To find the charges sustainable the PFC must find the following:
1. Whether the subordinate could reasonably be expected to have had knowledge of the probable consequences of the alleged conduct.
2. Whether the rule or order that the subordinate allegedly violated is reasonable.
3. Whether the chief, before filing the charge against the subordinate, made a reasonable effort to discover whether the subordinate did in fact violate a rule or order.
4. Whether the effort described under subd. 3. was fair and objective.
5. Whether the chief discovered substantial evidence that the subordinate violated the rule or order as described in the charges filed against the subordinate.
6. Whether the chief is applying the rule or order fairly and without discrimination against the subordinate.
7. Whether the proposed discipline reasonably relates to the seriousness of the alleged violation and to the subordinate's record of service with the chief's department.
After such hearing the board must notify you within 3 days the outcome of the hearing. Once you have the decision you may appeal it in circuit court :
Any person suspended, reduced, suspended and reduced, or removed by the board may appeal from the order of the board to the circuit court by serving written notice of the appeal on the secretary of the board within 10 days after the order is filed. Within 5 days after receiving written notice of the appeal, the board 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 of the board 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 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 par. (em), 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 board is reversed, the accused shall be forthwith reinstated and entitled to pay as though in continuous service. If the order of the board is sustained it shall be final and conclusive.
Attach is the statue
Download:
Stat0062.pdf
