Police Officer Discipline

Listen to this article

WI Court of Supreme Court

Case Name: Green Bay Professional Police Association v. City of Green Bay

Case No.: 2021AP000102

Officials: Jill J. Karofsky, J.

Focus: Police Officer Discipline

In the fall of 2017, Weiss, a detective for the Department, allegedly accessed sensitive information via the Green Bay Electronic Records Program (GERP) regarding two sexual assault cases that the Department was investigating. Weiss was not involved in either investigation. The Department issued a formal complaint alleging that Weiss violated the following four Department policies: Media Relations (§ 322.4); Media Requests (§ 322.6(a)); Unauthorized Disclosure (§ 320.5.6(a)); and Conduct Unbecoming an Officer (§ 320.5.9(n)).

The Green Bay Police Department (the Department) disciplined Andrew Weiss for violating several Department policies and demoted him from his position as a detective to a patrol officer. The demotion resulted in Weiss’s loss of an $80 monthly stipend. Weiss challenged this disciplinary action in an arbitration proceeding. The arbitrator concluded that the Department had cause to take its chosen disciplinary action. Additionally, the arbitrator concluded that the Department’s disciplinary procedures did not violate Weiss’s constitutional due process rights. The circuit court confirmed the arbitration award, and the court of appeals affirmed. The supreme court affords a high level of deference to arbitration decisions because of the contractual nature of arbitration agreements. Given this deference, the arbitrator did not exceed his powers.

Decided 04/27/23

Full Text

Click here to view the Wisconsin Law Journal article.