This is the second post in my series on the Whitewater Police and Fire Commission. The first part was an introduction to the series. In this post, I will outline the powers of our Police and Fire Commission (PFC) under Wisconsin law.
The PFC is a legally-authorized and required commission under our law. It both has authority, and under Wisconsin law, it must be established and exercise that authority. There is nothing voluntary about a PFC — it’s neither a civic group nor an ‘optional’ organization. This makes sense: wherever and whenever a community needs and authorizes a police department to be armed and use force for the protection of others, prudence requires that some impartial, judicious group outside the department be empowered to exercise oversight of those who may use force. The authority is too great, the task too important, to be left merely to those within a police department. In Wisconsin, that authority rides with a PFC.
The basic provisions for a PFC are found at Chapter 62.13, et seq.., of Wisconsin Statutes.
What does the law tells us about the authority of a PCF? Wisconsin’s statues set forth basic provisions:
Number of Members. “Each city shall have a board of police and fire commissioners consisting of 5 citizens, 3 of whom shall constitute a quorum.” 62.13(1).
Different Political Parties. “No appointment shall be made which will result in more than 3 members of the board belonging to the same political party.” 62.13(1).
PRC Must Keep Records. “The board shall keep a record of its proceedings.” 62.13(1).
Board Shall Appoint, May Remove Police and Fire Chiefs. “The board shall appoint the chief of police and the chief of the fire department, who shall hold their offices during good behavior, subject to suspension or removal by the board for cause.” 62.13(3).
Board Shall Approve a Department’s Subordinates. “The chiefs shall appoint subordinates subject to approval by the board.” 62.13(4)(a)
Board Shall Establish List of Hiring Standards. 62.13(4)(a)
Commission May Suspend a Subordinate. 62.13(5)(a)
Entire Commission, or a Commission Member, May File Charges Against a Subordinate. 62.13(5)(b)
PFC meetings, unless otherwise involving specific and definite business, must by our law be open to the public. It’s not a private body, either by nature or practice. The assurance of citizen oversight is necessary.
It’s no small responsibility to be part of the commission. In many ways, it is an unenviable task: our community wants and needs protection (as do all communities), but suggestions or criticism of current practices may be met with scorn, derision, or accusations of ‘unsupportive’ behavior.