Minutes: Police Commission Hearing, June 13, 2007, 5:00PM

EVANSVILLE POLICE COMMISSION
Meeting Minutes
Common Council Chambers, Third Floor, City Hall
Evansville, Wisconsin
June 13, 2007
5:00 p.m.

1. Roll call. Commissioners in attendance: Karen Aikman, Scott Brummond, Steve Hagen,
Christe McKittrick, Wally Shannon. Also present: Chief Scott McElroy, Richard
Woulfe, Tammy Pomplin, Larry Wourms, Tammy Wourms, and Lacey Wourms, and
Attorney Andrew D. Schauer from the Wisconsin Professional Police Association. Other
unidentified community members were also present.

2. Approval of minutes. Minutes of the Commission’s meeting of May 30, 2007 were
reviewed. Motion was made by McKittrick to approve the minutes as distributed and
seconded by Shannon. Aikman noted that she abstained from voting on the approval of
the minutes from March 12, 2007. Motion was approved by voice vote with the
amendment noting Aikman abstained from the vote on the March 12, 2007 minutes.

3. Citizen appearances, other than on agenda items listed below. None.
4. Chief’s report. None.

5. General review of Commission Disciplinary Procedures and “Just Cause” Standards.
President Brummond covered the Just Cause standards that must be considered by a
police commission when it is considering discipline of a police officer. He explained that
there are seven standards enumerated in Wisconsin Statute Section 62.13 (em) 17.
President Brummond read the language in standards 17.
He further stated that because
the Complainant is not the Chief of Police, that some of the seven standards would not be
applicable to this case. The numbers that are thought to be applicable at this time are the
standards enumerated in numbers 1, 2, and 7. The Commission also understands that
there must be substantial evidence that the police officer violated the rule as described in
the charges filed against the police officer. This requires the Commission to use a portion
of the language in standard number 5. It was concluded that the Commission is not
required to state what standards apply at this time and can evaluate that as the case
progresses.

6. Consideration of means for recording hearings. Motion made by Shannon to find and
acquire a means for recording the initial hearing and videotaping and transcribing
evidentiary hearings as mandated in Sections 13 (3)(b) and 13 (13)(c) of the
Commission’s Disciplinary Procedures. Seconded by Hagen. Motion approved by voice
vote.

7. Consideration of engagement of a hearing examiner or other delegation of President’s
duties. Motion was made by Shannon to appoint a Hearing Examiner, pursuant to Rule
11(3) and to delegate the President’s authority in connection with the proceedings as
allowed under Rule 13(3)(a) of the Commission’s Disciplinary Procedures, including the
powers enumerated in Section 13 (1), in order to effectively conduct the initial and the
evidentiary hearings in the disciplinary proceedings against Evansville Police Officer
Scott Fields. Motion was seconded by McKittrick. Motion was approved by a voice
vote.

Motion was made by Shannon to appoint Attorney James Wickhem as the Hearing
Examiner for the disciplinary proceedings against Evansville Police Officer Scott Fields.

The motion was seconded by Brummond. Motion was approved by a voice vote.
8. Consideration of retention of Counsel for the Commission. Motion by Brummond to
retain counsel for the Commission as allowed under Section 3(2) of the Commission’s
Disciplinary Procedures. Seconded by Hagen. Motion approved by voice vote.
Motion made by Brummond to retain Attorney Robert Krohn as counsel for the
Commission. Seconded by Shannon. Motion approved by voice vote.

9. Motion made by Brummond to convene in closed session pursuant to Wis. Stat. sec.
19.85(1)(g) to confer with legal counsel for the Commission who is rendering oral or
written advice concerning strategy to be adopted by the Commission with respect to
litigation in which it is or is likely to become involved. Seconded by Shannon. Approved
on the following roll call vote:
Aikman: Yes;
Brummond: Yes;
Hagen: Yes;
McKittrick: Yes;
Shannon: Yes.

10. Motion made by Brummond for a short recess, to reconvene at 6:00 PM or as soon
thereafter as possible. Seconded by Shannon. Motion approved by voice vote.
11. Initial hearing in Disciplinary Proceedings Against Scott Fields, Evansville Police
Officer, pursuant to Rule 11 of the Disciplinary Procedures of the Evansville Board of
Police Commissioners.
a. At 6:02 PM, President Brummond announced that the Commission would begin
the initial hearing Case Number 200701D
and introduced the Hearing
Examiner: Attorney James Wickhem.
b. The Hearing Examiner Wicknem asked for the parties’ appearances. He
recognized that the entire Commission was present along with its counsel, Robert
Krohn. He also recognized Lacy Wourms and Attorney Andrew D. Schauer
from the Wisconsin Professional Police Association. Attorney Schauer
represents Evansville Police Officer Scott Fields. Other members of the public
were present.

c. Hearing Examiner Wickhem addressed the parties describing the Due Process
Standard relative to Officer Fields.

Generally speaking, he will act in a judicial
role and the Commission will act in a Jury Role. He reminded the parties that the
ordinary burden of proof standard applies to the determination as to whether
there is just cause to discipline Officer Fields and that the burden is on the
Complainant.

The burden of proof is upon the complainant Lacy Wourms and
that is to prove the charges by the greater weight of the credible evidence to a
reasonable certainty.

The rules of evidence for a contested case under
administrative law Wisconsin Statutes Chapter 227 will apply.


d. All notices or documents required by the Commission to be filed with it shall be
filed with the Secretary of the Board of Police Commissioners, Attorney Walter
Shannon, by mailing or delivering such notices or documents during business
hours to his office at 24 East Main St., Evansville, Wisconsin and by
contemporaneously mailing a marked copy to the other side.

The complainant Lacy Wourms’ mailing address is 423 North Harmony Lane,
Whitewater, WI 53190. Scott Fields shall be served by mailing to his attorney
Andrew D. Schauer whose address is Wisconsin Professional Police Association,
340 Coyier Lane, Madison, WI 53713. Secretary Shannon of the Board of Police
Commissioners shall copy in the Commissioners, the Hearing Examiner and
Robert Krohn with any papers or documents file with him in this matter.

e. Officer Fields shall answer the Complaint by June 18, 2007.
f. Any reports by public officials, departments, agencies or employees concerning
this matter obtained or received by the Complainant or Respondent shall be filed
with the Commission within 10 days of their receipt by the Complainant or
Respondent. It was agreed that all reports by public officers, agencies or
employees shall be selfauthenticating
and received into evidence in this matter.
g. Any motions for dismissal of the Complaint shall be filed and served within 10
days of filing the reports of the investigation. The Complainant shall have 10
days after filing of the motion for dismissal to respond in writing filed with the
Commission.
h. On or before June 18, 2007, the Complainant shall file with the Commission and
serve on Fields’ counsel a list of the names and addresses of all witnesses she
intends to call at the final evidentiary hearing together with a one sentence
description of the subject matter or testimony of each witness. If a witness is
going to be called as an expert witness, then a resume of the expert shall be
served and filed at the same time.
i. On or before July 9, 2007, the Respondent shall file with the Commission and
serve on the Complainant a list of the names and addresses of all witnesses the
respondent intends to call at the final evidentiary hearing on this matter. If any
witness is an expert witness then a resume for each expert so named shall be
served and filed at the same time.

j. On or before July 20, 2007, the parties shall confer to see whether they can
define and simplify the issues for the final hearing and enter into possible
stipulations of fact for the final evidentiary hearing.

k. On or before July 20, 2007, the parties shall serve and file with the Commission a
writing which contains stipulations of fact and a simplification of the issues for
the final evidentiary hearing or, in the alternative, if they are unable to agree,
then file with the Commission and serve on the other party a letter stating that a
good faith effort was made and agreement could not be reached.

l. On or before July 20, 2007, each of the parties shall serve and file with the
Commission proposed Findings of Fact and Conclusions of Law setting forth in
numbered paragraphs what facts they believe the evidence will support and what
conclusions of law they desire the Commission to adopt.

m. The parties may request in writing filed with the Commission that the President
of the Commission issue subpoenas. The request should identify the persons to
be subpoenaed and the request should be copied to the other side. The
Commission President shall sign the number of blank subpoenas required and
deliver them to the requesting party. The requesting party is responsible for
filling out the subpoenas and paying witness fees and services to have the
subpoenas served in the manner prescribed by law for a subpoena. Proof of
service of subpoena in accordance with law shall be filed with the Commission
prior to the final evidentiary hearing.

n. A final evidentiary hearing will be held on Monday, July 30 th beginning at 5:30
p.m. in the Council Chambers of City Hall in the City of Evansville, 31 South
Madison St., Evansville, Wisconsin. If the matter is not completed on July 30 th
then the time has been reserved for Tuesday, July 31 st beginning at 5:30 p.m. to
finish the matter.

o. At the final evidentiary hearing, the matter will proceed like a court trial with
opening statements (limited to five minutes per side), followed by presentation of
the witnesses and evidence by the Complainant with crossexamination
by the
Respondent followed by witnesses, evidence and exhibits on behalf of
Respondent Scott Fields with crossexamination
by the Complainant. Rebuttal
will be permitted in accordance with the rules for a civil trial. This will be
followed by closing arguments. Again the Hearing Examiner reminded the
parties that the burden of proof is upon the complainant Lacy Wourms and that is
to prove the charges by the greater weight of the credible evidence to a
reasonable certainty and that the rules of evidence for a contested case under
administrative law Wisconsin Statutes Chapter 227 will apply.

p. Once the case is fully submitted at the conclusion of the final evidentiary hearing,
the Commission will deliberate in closed session and make its decision a required
by the facts and law. Neither the Hearing Examiner nor Attorney Krohn
(Attorney for the Commission) will participate in the deliberations or decision
except insofar as reducing the Commission’s decision to writing in conformance
with law.

q. Hearing Examiner Wickhem stated that he will put the terms covered by the
initial hearing into a Scheduling Order that he will issue. He then asked the
parties and the Commission if they had anything further. Nothing further was
heard. The initial Hearing was closed.

12. Motion made by Brummond to convene in closed session pursuant to Wis. Stat. sec.
19.85(1)(a) to deliberate concerning any issue referred by the Hearing Examiner to the
Commission during the initial hearing. Seconded by Hagen. After discussion the
closed motion was voted down based on the following roll call vote:
Aikman: No;
Brummond: No;
Hagen: No;
McKittrick: Yes;
Shannon: No.

13. Adjournment. Motion to adjourn sine die by Brummond, seconded by Hagen.
Approved by voice vote.
Note: Minutes of the Commission are not official until approved by the Commission at a meeting
called and noticed for that purpose.