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, Fire Deputy Chief Schueffner, Police Deputy Chief Wojs, Police Training Lt. Williams, Police Lt. Jan Reinfeldt, Police Officer Winter, Local 483 President Endsley, Police Officer Edson, Mark Hanna, and Alderpersons Segalle, Dan Berg, and Stephen.

The Board of Fire and Police Commissioners met on March 23, 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 February 16, 2006, meeting. All ayes, motion passed.

A discussion was held regarding the future hiring process in the fire department. Chief Lastusky stated that of the remaining names on the eligibility list, five candidates were eligible; one candidate declined the position; and one did not successfully complete the process. The five eligible candidates will be hired and sworn in on Monday, April 3, 2006. After hiring the current candidates, there will still be one council-approved vacancy to fill. An entrance test will be conducted later on in the year to establish a new eligibility list and to fill the current vacancy. He also suggested that instead of the fire department conducting the physical portion of the entrance test, it may be possible to go through CPAT testing, which will conduct the testing for certification and deals with fire-related functions. President Lettre stated that the changes in the physical portion of the entrance test were suggested because of a prior law suit filed by a female stating the test was unfair. President Lettre also asked if the new procedure were put in effect, would this prevent lawsuits? Chief Lastusky stated that the CPAT testing has been approved by the International Association of Fire Chiefs and International Association of Firefighters as a verified testing procedure. This process is already being done in West Allis and Appleton. Chief Lastusky stated that he will be doing more research on the procedure and will bring back more information to the Commission at a future meeting.

Chief Lastusky submitted a list of firefighter promotions. He stated that the promotions were made based on the new table of organization approved by the council due to the opening of the new south side fire station on May 13, 2006. Chief Lastusky stated he was submitting the promotional list for approval from the Commission.

A motion was made by Commissioner Pragatz and seconded by Commissioner Gottsacker to follow the recommended eligibility list and approve fire department promotions. All ayes; motion passed.

A discussion was held on the implementation of the complaint procedure. City Attorney McLean handed out a sample of a complaint letter form that could be used to resolve problems. He stated that under 62.13 of the Wisconsin State Statutes, complaints shall be in writing and filed with the President of the Fire & Police Commission. President Lettre said that any time he gets a complaint, he forwards copies to the other commissioners.

City Attorney McLean stated that the process should be that if someone files a complaint, the Board President would look at it to see if the person wants to file charges. If it is clear that it is not an attempt to file charges, it would not come to our office. It would only come to our office if there is doubt as to the intent to file a formal complaint. At that point, we would send the letter. President Lettre asked if the Commission receives a complaint, can he still go to the Fire or Police Chief and have it investigated? City Attorney McLean stated that this can be done if it is clear that the person is not filing charges. If charges are filed, we must go through the formal process. City Attorney McLean then handed out copies of an example of a hearing procedure guideline for review.

Commissioner Suscha stated that he would still like City Attorney McLean to follow up with the League of Municipalities as to whether they have any input on that aspect. Will we be able to decide, as a Commission, to pass it on to Attorney McLean for a decision? President Lettre stated that the Commission should decide this through a meeting. Commissioner Suscha stated that as we look at these things, or receive them verbally from people, we can discuss them as a group. He also felt that the Commission should ask permission of the complainant to forward the complaint to the police, because they will investigate. They still have the option of filling out a formal complaint.

Chief Kirk stressed the importance of documentation of all calls and letters. When the Commission receives an inquiry, they must insure that all information is documented for future reference. The Commission can document that a call was received, what was done, and follow up. President Lettre felt it is within the Commission's duties to receive complaints, and does not see anything wrong with just calling the Chief.

Both Chief Lastusky and Chief Kirk expressed concern about being left out of the process. In most cases, the complaints can be resolved at the first step in they are involved.

Alderperson Segalle felt that all complaints received by the Commission should be handled in closed session until a final determination is made as to the validity of the complaint.

Commissioner Suscha made a motion to have City Attorney McLean get an opinion with regard to the legality of forwarding complaints, with names, to department chiefs and our liability of that versus anonymity. No second to the motion. Commissioner Suscha withdrew the motion and said he would discuss this with Attorney McLean.

A discussion was held on the Radtke incident report. President Lettre stated that the reason this was put on the agenda was because of the cost of handling this one complaint; approximately $3,500. Commissioner Pragatz stated that he was upset that someone could go through the entire process making false accusations and then just apologize and it is over with. He suggested an ethics board with the Council have Alderman Radtke censured. President Lettre stated that, even more upsetting, was the fact that he solicited the help of two citizens and told them they should file complaints. He used his status as an alderman to get other people to help him, and referred to the Mayor as the "old man upstairs".

Commissioner Pragatz asked Chief Kirk what happened to Isaac Thomas when he filed a false complaint. Chief Kirk stated that Mr. Thomas was charged with making allegations against a police officer.

Alderman Segalle asked why if Isaac Thomas was fined for filing a false report, why wasn't Alderman Radtke? She felt that as aldermen, they should be held to higher standards. She stated that people in her district want to know what is going to be done?

Commissioner Suscha made a motion to file this report as he did not believe that the Fire & Police Commission is the right venue. He felt this was not in the Commission's jurisdiction. He stated this should have been forwarded to Salary & Grievance Committee or Personnel. No second to this motion.

Commissioner Pragatz made a motion to refer this issue to the Salary & Grievance Committee for action. No second to this motion.

Alderperson Segalle asked if the Radtke issue was just going to lie in committee. President Lettre stated that the Commission is done with it. Alderperson Segalle asked whether a citizen can file a complaint on why he was not charged. Chief Kirk stated that the police investigation is done and this issue came to resolution. Alderperson Segalle stated she will talk to the City Attorney as to what can be done.

Chief Lastusky asked if another meeting was needed to vote on whether or not to exhaust the current entrance list. President Lettre stated that it was not necessary, but that a motion should be made to start the new procedure. Commissioner Pragatz made a motion, seconded by Commissioner Gottsacker, to have Chief Lastusky start the procedure to create a new eligibility list. Chief Lastusky stated that he will research this and will be back at the next meeting with a recommended process.

Commissioner Suscha asked if a motion was needed to implement a complaint procedure. President Lettre said that Commissioner Suscha should meet with City Attorney McLean and we will come back to it.

A motion was made by Commissioner Gottsacker and seconded by Commissioner Suscha to adjourn at 10:25 a.m. The motion was carried. All ayes.

JAMES PRAGATZ

SECRETARY