Wauwatosa Police And Fire Commission Meeting To Receive Complaints Against Officer

Press release from the City of Wauwatosa:

August 13, 2020

Meeting of the Police and Fire Commission on August 14

The Wauwatosa Police and Fire Commission is meeting on Friday, August 14 at 11:00 am to discuss and take possible action related to two complaints against Officer Joseph Mensah. The meeting is virtual. Zoom details can be found on the agenda. The format of the meeting is quasi-judicial, so there are no public comments during the meeting.

Status of existing complaint

The Police and Fire Commission met in July to receive a complaint against Officer Joseph Mensah. At the July 15, 2020 Board of Police and Fire Commission meeting, the Board named Former US Attorney Steven Biskupic to conduct an investigation into a complaint against Officer Joseph Mensah.

The purpose of the investigation is to provide a factual basis for the commission to determine if there is “just cause” (defined by state statute) for the commission to take disciplinary action against Officer Mensah.

Biskupic’s thorough investigation may take 60-90 days. After the investigation is complete, the Police and Fire Commission will receive a report. That will be followed by an evidentiary hearing at which the parties will be able to present evidence and introduce witness testimony. The scheduled evidentiary hearing may occur over a series of Police and Fire Commission meetings. These matters are handled by the Commission in a quasi-judicial fashion, so public comment is not a part of the process. It is, essentially, a trial.

The Police and Fire Commission suspended Officer Joseph Mensah pending the completion of the investigation. As required by state law, this is a paid suspension.

Frequently asked questions

Why hasn’t action been taken by the Police & Fire Commission to terminate Officer Mensah’s employment after the most recent officer involved shooting?

Due process is very important. The District Attorney’s office is reviewing the Alvin Cole shooting and has not yet made a determination. That determination will inform any next steps. In addition, the Anderson family has filed charges with the Police and Fire Commission about the 2016 officer involved shooting of Jay Anderson. The Commission has hired an independent investigator, Steve Biscupic, to conduct that investigation. The Police and Fire Commission intends to conduct an impartial review of this complaint. Officer Mensah has been suspended with pay while the investigation is conducted. As required by state law, this is a paid suspension.

Do you have comments about state law? Contact your state elected officials to share your opinion.

Why does Wauwatosa have a Police & Fire Commission?

State law requires that we have a Police and Fire Commission and includes that they will have five members that serve 5 year terms.

For what reasons can a police officer be fired?

State law says a police officer’s employment can be terminated if they have violated just cause. The standard for just cause is clearly defined in state law. In making its determination, the Police and Fire Commission applies the following standards, to the extent applicable:

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.

This press release was produced by the City of Wauwatosa. The views expressed here are the author’s own.