Evansville Police Commission Minutes---Nov. 1, 2005

EVANSVILLE POLICE COMMISSION

Meeting Minutes

Second Floor, City Hall

Evansville, Wisconsin

November 1, 2005

7:00 p.m.

1. Roll call. Commissioners in attendance: Barbara Jacobson, Scott Brummond, John Decker, Steve Hagen. Also present: Chief Scott McElroy, City Attorney Mark Kopp. President Brummond noted Karla Baumgartner Alisankus's resignation from the Commission prior to the meeting, due to the fact she has moved outside the city.

2. Approval of Minutes. Minutes of the Commission's meeting of June 9, 2005 were reviewed. Motion by Hagen to approve the minutes as distributed, seconded by Brummond. Approved by voice vote.

3. Citizen appearances. None.

4. Chief's report. Chief McElroy reported orally on the chronology of the actions taken by the Rock County Sheriff's Department and the Evansville Police Department in response to the complaints of Megan Lowe relative to Sgt. William Fitters. Formal Complaints and Statements of Charges signed by Megan Lowe and by Chief McElroy were personally served upon Sgt. Fitters on October 26, 2005, as shown by the affidavit of service filed with the Secretary of the Commission on November 1, 2005.

Sgt. Fitters has been reassigned to the day shift, where he will be supervised by the Lieutenant and the Chief, and Patrol Officer Booth has been reassigned to the night shift. Chief McElroy advised the Commission that, if the formal charges against Sgt. Fitters are substantiated at the evidentiary hearing to be held in the matter, the Chief will request that Sgt. Fitters's employment with the Evansville Police Department be terminated.

City Attorney Kopp will represent the Chief in the proceedings, and it is understood Attorney Gordon McQuillen of the Wisconsin Professional Police Association will represent Sgt. Fitters.

Chief McElroy also requested the Commission to formally accept the resignations of part-time Patrol Officers Heather Harris and Neil Blau, effective October 12, 2005 and July 15, 2005, respectively.

Decker moved, seconded by Jacobson, to approve the Chief's report, including acceptance of the resignations of Patrol Officers Harris and Blau. Approved by voice vote.

5. Review of disciplinary procedures and Just Cause standards. The Commissioners and Chief McElroy reviewed the Commission's procedures in disciplinary cases and the requirements of Wis. Stat. section 62.13, including the Just Cause standards contained therein. An "initial hearing", nonevidentiary in nature, will be held for purposes of scheduling; to determine if issues can be simplified or if stipulations can be reached between the parties; and to receive Sgt. Fitters's Answers to the Statements of Charges, if not previously filed. The issue of access to personnel records might be an item of discussion at the initial hearing.

The evidentiary hearing will be held at City Hall on a date to be set at the initial hearing.

The hearings will be open to the public, excepting those portions devoted to the deliberations of the Commissioners.

6. Recording of hearings. The Commissioners discussed the limitations of the City's audio recording system for purposes of maintaining a verbatim record of an evidentiary hearing, and the necessity of producing such a record in a very short period of time in the event Circuit Court review of the Commission's decision is sought. Decker moved, seconded by Hagen, to request the City to engage a videographer or court reporter to record the evidentiary hearing. Approved by voice vote.

7. Engagement of hearing examiner or delegation of president's duties. The Commissioners considered whether the President, another Commissioner, or an outside hearing examiner should preside at the initial hearing and the evidentiary hearing. Hagen moved, seconded by Brummond, to approve President Brummond's proposed delegation of such authority to Commissioner Decker pursuant to Rules 11(3) and 13(2) of the Commission's rules of procedure. Approved by voice vote.

8. Retention of counsel for the Commission. Inasmuch as City Attorney Kopp is serving as counsel for Chief McElroy in his capacity as a Complainant in the Fitters case, the Commssioners considered whether counsel should be retained to advise the Commission during the course of the proceedings. Decker reported he had discussed the issue with City Administrator Connors, who recommended in favor of such retention. Decker moved, seconded by Hagen, to request that the City retain Attorney Robert G. Krohn and the law firm of Roethe, Krohn, Pope, McCarthy, Haas & Robinson, LLP, to provide such counsel. Approved by voice vote.

9. Motion to convene in closed session. Brummond moved, seconded by Jacobson, to convene in closed session pursuant to Wis. Stat. sec. 19.85(1)(f) for preliminary consideration of a specific personnel problem or the investigation of specific charge against a specific person, to wit: Sgt. William Fitters, which, if discussed in public, would be likely to have a substantial adverse effect upon the reputation of any person involved in such problem or investigation. Approved by unanimous vote of the Commissioners on roll call vote.

During such closed session the following matter was determined and voted upon: Motion by Brummond, seconded by Hagen, for the Commission to suspend Sgt. William Fitters administratively, and not as a penalty, with full pay, allowances and customary benefits, pending disposition of the charges against him, pursuant to Wis. Stat. sec. 62.13(5)(b) and Rule 9 of the Commission's rules of procedure. Approved on the following vote: Brummond, Hagen and Jacobson voting "yes"; Decker voting "no."

10. Adjournment. Motion to adjourn sine die by Hagen, seconded by Decker. Approved by voice vote.

Respectfully submitted,

John R. Decker

Secretary

Note: Minutes of the Commission are not official until approved by the Commission at a meeting called and noticed for that purpose.