Abuse of Discretion

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WI Court of Appeals – District I

Case Name: Milwaukee Police Association and Daniel J. Vidmar

Case No.: 2016AP1573

Officials: Kessler, Brash and Dugan, JJ.

Focus: Abuse of Discretion

The Milwaukee Police Association (the “Association”) and Daniel Vidmar (collectively the “MPA”) appeal the order dismissing their declaratory judgment action. The MPA asserts that we should reverse the circuit court’s order and declare as follows: (1) the City of Milwaukee (the “City”) has not complied with the political party requirement of WIS. STAT. § 62.50(1h)(2015- 16);(2) the training “time limits” of § 62.50(1h) and MILWAUKEE CODE OF ORDINANCES § 314 (2008) (“MCO”) 2 are mandatory; (3) the current members of the Board of Fire and Police Commissioners (the “Board”) are not in compliance with the training requirements of § 62.50(1h) and MCO § 314; and (4) the circuit court improperly limited the scope of discovery.

We disagree and conclude that (1) the Board is in compliance with the political party requirement of WIS. STAT. § 62.50(1h); (2) the training is mandatory under § 62.50(1h) and MCO § 314, however, the timing of that training is directory; (3) the Board is in compliance with the training requirements; and (4) the circuit court’s limits on discovery were a proper exercise of its discretion. Therefore, we affirm the circuit court.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.