62.13 Police and fire departments.

1,760 words·~8 min read·/wi/chapter-62/62-13

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Commissioners. Except as provided in subs.

(2),

(2g),

(2s), and

(b)each city shall have a board of police and fire commissioners consisting of 5 citizens, 3 of whom shall constitute a quorum. The mayor shall annually, between the last Monday of April and the first Monday of May, appoint in writing to be filed with the secretary of the board, one member for a term of 5 years. No appointment shall be made which will result in more than 3 members of the board belonging to the same political party. The board shall keep a record of its proceedings.

(1m)Joint departments. A city may create a joint police department or a joint fire department, or both, with another city, village, or town.

(2)Exception.

(a)Except as provided under sub.

(6m), subs.

(1)to

(6)shall not apply to cities of less than 4,000 population except by ordinance adopted by a majority of all the members of the council. A repealing ordinance may be adopted by a like vote.

(b)A city that creates a joint police or fire department with a village under sub.

(1m)and s. 61.65 is not required to create a separate board of police and fire commissioners under this section. The city shall create a joint board of commissioners to govern the joint department, as required in s. 61.65 . If the city also creates one separate protective services department in addition to the joint protective services department, the city shall create a separate board of commissioners to govern that department. A city’s joint board of commissioners is subject to s. 61.65

(d). A city’s separate board of commissioners is subject to this section.

(c)A city that creates a joint police department or a joint fire department, or both, with another city under sub.

(1m)is not required to create a separate board of police and fire commissioners under this section. The cities shall create a joint board of commissioners to govern the joint department. If only one joint department is created, each city shall retain its existing board of police and fire commissioners to govern the separate department. The cities may jointly determine the number of commissioners to be appointed to the joint board by each city and the length of the commissioners’ terms. A majority of the commissioners is a quorum. A joint board of commissioners that is created under this paragraph to govern a joint police department is subject to the provisions of subs.

(3)to

(7n), a joint board of commissioners that is created under this paragraph to govern a joint fire department is subject to the provisions of subs.

(8)to

(12)and a joint board of commissioners that is created under this paragraph to govern a joint police and fire department is subject to the provisions of subs.

(2)to

(12).

(2e)Combined protective services.

(a)A city may provide police and fire protection services by any of the following:

1. A combined protective services department which is neither a police department as otherwise constituted under this section nor a fire department as otherwise constituted under this section, in which the same person may be required to perform police protection and fire protection duties without being required to perform police protection duties for more than 8 hours in each 24 hours except in emergency situations, as described under sub.

(7n).

2. Persons in a police department or fire department who, alone or in combination with persons designated as police officers or fire fighters, may be required to perform police protection and fire protection duties without being required to perform police protection duties for more than 8 hours in each 24 hours except in emergency situations, as described under sub.

(7n).

(b)The governing body of a city acting under par.

(a)may designate any person required to perform police protection and fire protection duties under par.

(a)as primarily a police officer or fire fighter for purposes described in subs.

(7m),

(7n),

(10m), and

(11)and ss. 891.45 , 891.453 , and 891.455 .

(2g)Contracting for police protective services. A city may enter into a contract for police protective services with a village, a town, another city, or a county. A city that contracts for police protective services shall pay the full cost of services provided. A city that contracts for all of its police protective services under this subsection and for all of its fire protective services under sub.

(b)is not required to have a board of police and fire commissioners. A city that contracts for all of its police protective services under this subsection, but not for all of its fire protective services under sub.

(b), shall have a board of police and fire commissioners under this section, but the board may only address issues related to the fire department. A city may not contract with a county to provide all of the city’s police protective services under this subsection.

(2s)Abolition of police department, county law enforcement.

(a)Subject to pars.

(b)to

(d), a city may abolish its police department or combined protective services department if it enters into a contract with a county under s. 59.03

(e)for the county sheriff to provide law enforcement services in all parts of the city. If the city is located in more than one county, it may not abolish its police department or combined protective services department under this paragraph unless the city enters into a contract under this paragraph with the county in which the greatest amount of the city’s equalized value, population or territory is located. If a city that is located in more than one county enters into a contract with a county under this paragraph, the jurisdiction of the contracting county’s sheriff and deputies includes the entire territory of the city.

(b)If a city wishes to contract with a sheriff for law enforcement services, the common council shall adopt a resolution, as described under s. 59.03

(a), requesting that such services be provided. The resolution shall provide that such services are to be provided exclusively by the county.

(c)The contract described under par.

(a)shall address at least all of the following elements:

1. The division, with the county, of the city’s assets and liabilities that relate to the city’s police department and the amount that the county will pay, if any, for such assets.

2. A description of the level of law enforcement and the number of deputies that the county will provide to the city and the amount that the city will pay for the services in excess of the city’s portion of the county’s law enforcement levy.

3. A procedure for the city to request, or require, that the county provide additional law enforcement services and the cost the county may charge the city for providing additional services.

4. The term of the agreement and procedures for the renewal, extension, or termination of the agreement.

(d)No contract that is entered into under this subsection may take effect until all of the following occur:

1. The county board approves under s. 59.03

(a)the resolution adopted under par.

(b).

2. The governing bodies of the city and the county approve the contract.

3. The expiration of any collective bargaining agreement between the city and its police department employees.

4. The city and county discuss the provision of emergency “911” telephone service within the area to which the contract applies.

(3)Chiefs. The board shall appoint the chief of police and the chief of the fire department or, if applicable, the chief of a combined protective services department, who shall hold their offices during good behavior, subject to suspension or removal by the board for cause.

(4)Subordinates.

(a)The chiefs shall appoint subordinates subject to approval by the board. Such appointments shall be made by promotion when this can be done with advantage, otherwise from an eligible list provided by examination and approval by the board and kept on file with the clerk.

(b)Any person who, on June 23, 1943 has served and acted as a full-time city police patrolman, patrolwoman or police officer performing the services by virtue of regular assignment therefor under the orders and supervision of the chief of police of said city, and receiving his or her salary on the regular official payroll of said police department for a continuous period of more than 10 years, although not regularly appointed from an eligible list, is deemed to have been regularly appointed, as of the time of the commencement of his or her service.

(c)For the choosing of such list the board shall adopt, and may repeal or modify, rules calculated to secure the best service in the departments. These rules shall provide for examination of physical and educational qualifications and experience, and may provide such competitive examinations as the board shall determine, and for the classification of positions with special examination for each class. The board shall print and distribute the rules and all changes in them, at city expense.

(d)The examination shall be free for all U.S. citizens over 18 and under 55 years of age, with proper limitations as to health and, subject to ss. 111.321 , 111.322 , and 111.335 , arrest and conviction record. The examination, including minimum training and experience requirements, shall be job-related in compliance with appropriate validation standards and shall be subject to the approval of the board and may include tests of manual skill and physical strength. All relevant experience, whether paid or unpaid, shall satisfy experience requirements. The board shall control examinations and may designate and change examiners, who may or may not be otherwise in the official service of the city, and whose compensation shall be fixed by the board and paid by the city. Veterans and their spouses shall be given preference points in accordance with s. 63.08

(fm).

(e)The council of any city of the 2nd, 3rd or 4th class may provide that members of the police force shall be of both sexes. The fire and police commission shall select each police officer from an eligible list.

(5)Disciplinary actions against subordinates.

(a)A subordinate may be suspended as hereinafter provided as a penalty. The subordinate may also be suspended by the commission pending the disposition of charges filed against the subordinate.