Reinstatement – Proper Remedy

By: Derek Hawkins//September 2, 2015//

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Civil

WI Court of Appeals – District II

Officials:Neubauer, C.J., Gundrum and Stark, JJ.

Reinstatement – Proper Remedy

2014AP2448 Jesus Alba v. City of Waukesha Board of Police and Fire Commission

Jesus “Jesse” Alba sought to be reinstated as City of Waukesha Fire Department (the Department) fire chief and provided back pay. The circuit court denied his statutory appeal under WIS. STAT. § 62.13(5)(i) (2013- 14), but on certiorari review found a fundamental due process violation and remanded the case to the City of Waukesha Board of Police and Fire Commission (the PFC) for rehearing. Alba appeals the circuit court’s remedy of a rehearing. The PFC cross-appeals from the portion of the order finding a due process violation and ordering a remand. We affirm in all regards.

Decision

Affirmed

Full Text

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.

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