01-1781 State of Wisconsin ex rel. Patrick Neil v. Breen Bay Police and Fire Commission

By: dmc-admin//July 8, 2002//

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“Here, Theisen, the council member and panel ‘resource,’ was the mayor’s representative on the panel. The mayor also supervises the police chief, who brought the proceedings against Heil. Thus, we have the prosecuting official’s superior appointing his own representative to the panel, contrary to the statutory mandate for the composition of the panel. We agree with the trial court that under these circumstances, Theisen’s mere presence, sitting as a non-voting panel member, gave a sufficient appearance of impropriety to taint the entire proceedings.”

The trial court’s orders remanding the PFC decision is affirmed.

Recommended for publication in the official reports.

Dist III, Brown County, Bayorgeon, J., Hoover, P.J.

Attorneys:

For Appellant: Scott N. Herrick, Madison

For Respondent: Thomas J. Parins, Green Bay

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