Wauwatosa Releases Preview Agendas For Week Of July 13

Press release from the City of Wauwatosa:

July 13, 2020

In-person attendance by members of the public will be prohibited due to COVID-19 safety and physical distancing protocols consistent with the guidance provided by the Wauwatosa Health Department. The public can watch meetings on the Meeting Portal or join via Zoom. Individual Zoom instructions are on the agenda of meetings.

Topics this week during city meetings include:

• Plan Commission (July 13, 6:00 pm) will have a public hearing for a conditional use at 418 North Mayfair Road for a coffee shop/cafe and consider a land combination at 1535 and 1565 Rivers Bend for a forthcoming affordable housing project
• A virtual special meeting of the Common Council (July 14, 6:30 pm) will discuss potential litigation and associated litigation strategies related to the Wauwatosa Police Department. This meeting of the Council may convene into closed session as they consult with legal counsel.
• A virtual meeting of the Police and Fire Commission (July 15, 4 pm)

Police and Fire Commission Facts

Composition, Governance and Duties:

• The Wauwatosa Police and Fire Commission is a five-member body consisting of five appointed citizen members. View the list of current Commission members.
• Though the members are appointed by Mayor and confirmed by the Wauwatosa Common Council, they do not report to the Mayor or Common Council. All Police and Fire Commissions in the state are governed by State Statute 62.13. Terms of service are for five years.
• The Police and Fire Commission is responsible for overseeing examination, appointments and disciplinary actions relating to police and fire personnel. The Commission does not have control over the operations of the Police or Fire Departments.

Investigating complaints:

• When a formal or citizen complaint has been filed against an officer, it must be investigated. This investigation can be performed by the Police and Fire Commission or the Police Department, unless the Commission determines a more appropriate course of action.
• Given the circumstances around previous investigations of the matters related to the complaint filed by the family of Jay Anderson at its July 15 meeting, the Police and Fire Commission will discuss moving forward with an independent, third-party investigator to advance the complaint and determine the scope of the investigation, including whether action against the officer is warranted.
• If retained, the investigator would conduct a thorough investigation and present findings during another meeting of the Police and Fire Commission. Because these matters are handled by the Commission in a quasi-judicial fashion, public comment is not a part of the process. It is, essentially, a trial.
• The scheduled evidentiary hearing, a quasi-judicial process, is likely to occur over a series of Police and Fire Commission meetings and will conclude with a determination as to whether there is just cause to determine that discipline is warranted based upon factors outlined in Section 62.13 (5)(em), of the statutes. Based on these determinations, the Police & Fire Commission could determine if discipline is warranted or not and also whether such discipline rises to the level of termination.

Creating change:

• The process of creating change is outlined in Wisconsin State Law: State Statute 62.13.
• Without just cause, neither the Police and Fire Commission or Chief has unilateral authority to remove a sworn officer. “Just cause” requires, in part, a determination by these entities that policies, procedures, or rules were broken.
• The Mayor and Common Council do not have authority to remove or discipline a Police Officer.
• The District Attorney’s investigation of an incident is separate and independent of the City’s processes, limited to a review of whether, in any particular mater, criminal charges against the individual are warranted.

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