01-0784 Conway v. International Assoc. of Firefighters, Local 311 v. Board of Police and Fire Commissioners, City of Madison (57119)

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“Rule 7.20 does not, as Conway appears to contend, delegate to the hearing examiner the duty to make the ‘just cause’ determination or the appropriate disposition. Under Rule 7.20 the hearing examiner is required to provide to the board a comprehensive report, including an evaluation of witness credibility and demeanor, and recommendations for disposition of the matter. In addition, the hearing must be videotaped and a certified transcript prepared. The board may require further proceedings before either the hearing examiner or the board itself. Under the rule the board, not the hearing examiner, makes the final decision and the disposition. …

“Bearing in mind that a hearing under Rule 7.20 is videotaped, a transcript is prepared, and the board receives only a report from the hearing examiner, we see no reason to ‘hamstring [the board’s] efficient operation’ by declaring Rule 7.20 void. Instead, we conclude the rule falls squarely within the board’s administration of its duties under Wis. Stat. § 62.13(5) and the legislature’s express authorization that the board may make rules for that purpose.”

Judgment reversed.

Recommended for publication in the official reports.

Dist IV, Dane County, Krueger, J., Vergeront, P.J.

Attorneys:

For Appellant: Scott N. Herrick, Madison

For Respondent: Aaron N. Halstead, Madison; John C. Talis, Madison