Minutes of Board of Fire and Police Commissioners

CITY OF SHEBOYGAN

Present:  President Robert Lettre, James Pragatz, William Gottsacker, Angela Sutkiewicz, and Richard Suscha.

Guests: Fire Chief Lastusky, Police Chief Kirk, City Attorney McLean, Police Deputy Chiefs Wojs and Sherven, Local 483 President Endsley, and John Kittelson.

The Board of Fire and Police Commissioners met on April 5, 2006, in the Sheboygan

Police Department Conference Room, 828 Center Avenue, Sheboygan.

The meeting was called to order by President Lettre at 8:30 a.m.

Motion was made by Commissioner Gottsacker and seconded by Commissioner Sutkiewicz to accept the minutes from the March 23, 2006, meeting. All ayes, motion passed.

A discussion was held to finalize the citizen complaint form and process. City Attorney McLean suggested that if someone fills out a complaint in writing it should be forwarded to the President of the Fire and Police Commission for processing. The President will then forward copies to the other Commissioners. They can then discuss the complaint with the respective chief for resolution. If any doubt exists as to whether the complaint could result in formal charges, it should also be forwarded to the City Attorney's office.

Commissioner Suscha asked Chief Kirk what happens if someone wants to file a complaint anonymously. Chief Kirk stated that if a complaint comes in from the Commission and the person wants to remain anonymous, he will investigate and get back to the Commission president with the outcome.

Commissioner Suscha then asked if an anonymous complaint is received about a police officer, the President of the Commission would be relaying the complaint to the Police Chief. Is it important to know who placed the complaint? President Lettre stated that if he receives a complaint, he will keep the name confidential if the complainant so wishes. Chief Kirk added that all complaints are investigated. If a complaint is received about an officer, an in-house investigation is conducted and documented.

Commissioner Suscha stated that citizens are concerned because there clearly is a "Code of Silence" in the police department when it comes to a complaint against one of their officers. Deputy Chief Sherven asked Commissioner Suscha if he had proof of such a code of silence? And how can Commissioner Suscha be objective with the police department as a commissioner?

Commissioner Suscha stated that this concern came out of Milwaukee. He said he did not know if this was the case in Sheboygan, but that the public believes this to be the case in Milwaukee. Chief Kirk stated that the Sheboygan Police Department is highly regarded in the state and that he takes offense that any hint of wrongdoing in his department would be brought up. Implying that all police departments or any profession has a code of silence, because some in another organization spoke of its existence in that organization, is wrong and simplistic thinking. Further, such beliefs could then be tied to all professions. So if one politician does something wrong can we hold all politicians as being wrong. This could also be tied to the Fire and Police Commissioners; if one someplace in the nation does something wrong or illegal, then are all Fire and Police Commissioners flawed or wrong?

President Lettre suggested that copies of the complaint form packet be distributed to all commissioners. They will be mailed out to each commissioner in the near future.

Commissioner Suscha made a motion to accept the form that was developed and to use this as a complaint form for the Fire and Police Commission. He stated that people can be directed to fill out the form if they wish, and that it would not activate "charges" unless the form was notarized. Motion seconded by Commissioner Gottsacker.

In a discussion on the motion, Commissioner Sutkewicz asked if the letter was included as part of the complaint packet. President Lettre stated that the letter is part of the packet and is included in the motion to accept. Chief Kirk requested clarification from Commissioner Suscha as to the notarization portion of the complaint. He stated that when a complaint is received in the police department, it is notarized. If it was not notarized, how would he know the statements are true? City Attorney McLean stated that on the police department complaint form, it calls for notarization, and does not automatically call for formal charges. He stated that if the form is not notarized, it will be treated as an informal complaint. This could also apply to verbal complaints. President Lettre called for a vote on the motion. All ayes; motion carried.

A discussion was held on a communication received from Scott Lewandoske, asking why he was not considered as a candidate for the Police Academy. Chief Kirk stated that applications are received, evaluated, and a background investigation is done. The Chief and his staff then decide on who is chosen. Deputy Chief Wojs added that in this instance, Mr. Lewandoske did not pass the background check. He stated the police department had concerns about his mental stability because he had previously been committed under a Chapter 51, and had threatened suicide. In January, after a Common Council meeting, he became irate that the police department was given $15,000 for a drug dog. At that point, he said he wished the police department would blow up. The police department also received a phone call that Mr. Lewandoske was at the lake front taking pictures of little girls. He also had a restraining order filed against him.

Commissioner Pragatz asked if everyone who applies is accepted. Chief Kirk stated that if someone is not accepted, letters are sent to all applicants advising them if they are accepted or not and certainly if an applicant would contact me I would hten meet with them and explain why they were not accepted. Mr. Lewandoske never asked the police department why he was not accepted.

Commissioner Suscha stated that Mr. Lewandoske was not charged with anything and was concerned that this issue should be dealt with in closed session, as he felt it was a breach of confidentiality. President Lettre stated that he had already checked with the City Attorney about this issue and that Mr. Lewandoske was given the opportunity to withdraw his complaint. President Lettre stated that the commission was asked to investigate and the commission will respond. City Attorney McLean stated that Mr. Lewandoske requested that his letter go into the Council to have it looked at. President Lettre stated that this communication was on the agenda, Mr. Lewandoske was notified of the meeting, and that no violations of the open meeting laws occurred. Commissioner Suscha asked Chief Kirk if he had told Mr. Lewandoske that he didn't pass the background check. Deputy Chief Wojs stated that he talked to Mr. Lewandoske personally after the Public Protection and Safety meeting, and told him that the police department had issues with Mr. Lewandoske's mental stability. Mr. Lewandoske then asked if he could re-apply. Deputy Chief Wojs stated that there is a form letter that goes out to applicants who are rejected and that Mr. Lewandoske would be rejected again if he re-applied.

Commissioner Suscha asked if candidates are informed at the time of application that there will be a background check. Chief Kirk stated he wasn't sure why this was even brought to the commission. The screening is done internally and procedures are followed for the Academy. There are also issues of liability involved. President Lettre said that this communication was referred to the commission to deal with and that a response will be given. Commissioner Suscha stated that all Mr. Lewandoske wanted was clarification.

Commissioner Suscha felt that maybe the application should be altered to show a background investigation will be conducted on applicants. Deputy Chief Wojs stated that the screening process is in place for a number of reasons, and that the application is complete as is. He stated he would not want to put a statement that includes "mental stability" in the application, as he felt it was not necessary. President Lettre stated that Mr. Lewandoske wanted a reason, and one will be given to him in writing. A letter will be sent to Mr. Lewandoske in the next few days stating that the Commission reviewed this and the matter is now considered closed. Deputy Chief Wojs also suggested that the letter include the fact that Mr. Lewandoske did not pass the background check.

Commissioner Suscha suggested that the Public Protection and Safety Committee could look over the application and clarify the criteria.

A motion was made to draft a letter by Commissioner Gottsacker and seconded by Commissioner Suscha. All ayes; motion carried.

City Attorney McLean stated that the communication from Mr. Lewandoske should be returned to the Council with the suggestion to "accept and place on file." A motion to accept and file this communication was made by Commissioner Gottsacker; seconded by Commissioner Sutkiewicz. All ayes; motion passed.

A motion was made by Commissioner Gottsacker and seconded by Commissioner Suscha to adjourn at 9:45 a.m. The motion was carried. All ayes.

JAMES PRAGATZ

SECRETARY