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Tag Archives: Public employment

2010AP2254 Milwaukee Police Association v Flynn

Employment Public employment; just cause hearing Section 62.50 does not apply to unpaid FMLA leave. “[N]either the language nor context of Wis. Stat. § 62.50 suggest that a ‘just cause’ due process hearing is required when an officer’s police powers have been suspended due to the officer taking FMLA leave. Although Grycowski argues that § 62.50(13), which provides an officer ...

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09-C-1192 Milwaukee Police Association v. Board of Fire & Police Commissioners of the City of Milwaukee

Employment Public employment; due process A probationary police officer in Milwaukee has no due process right to a hearing before termination. “The term ‘member of the police force’ has no specific statutory definition. Ramskugler argues that she was a ‘member of the police force’ because she was a ‘law enforcement officer,’ defined by statute as ‘any person employed by the ...

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2009AP2413, 2009AP2948 Marder v. Board of Regents of the University of Wisconsin System, et al.

Employment Public employment; judicial review John Marder appeals two judgments, one affirming a Board of Regents of the University of Wisconsin System decision to terminate his employment, and the other dismissing his separate 42 U.S.C. § 1983 action on preclusion grounds. Marder argues the court erroneously concluded the Board did not receive new material evidence during an ex parte meeting ...

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10-1332 Cole v. MATC

Employment Public employment; due process The termination of a public employee terminated after a drunk driving arrest did not violate due process. “Plaintiff has not alleged a situation where the Board was using paragraph 10(b) to effectuate an ‘end run’ around paragraph 10(e) and avoid the paragraph 10(e) requirement to pay compensation for the remainder of the term of the ...

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10-1215 Delapaz v. Richardson

Employment Public employment; First Amendment Where all employees performing temporary duties in a department were returned to their regular positions at the same time, summary judgment was properly granted to the employer on two employees’ claims that the action was discrimination against them for exercising their First Amendment rights. “Appellants present no evidence that Richardson knew Sarkauskas was affiliated with ...

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2009AP1696 Koestering v. Board of Fire & Police Commissioners, et al.

Employment Public employment; judicial review On February 13, 2005, Greg Koestering, a City of Milwaukee police officer, repeatedly struck Michael Ramos while Ramos was handcuffed and inside a police van. The City of Milwaukee Chief of Police, Nannette Hegarty, found that Koestering had violated a department rule that prohibits mistreatment of a prisoner by use of profane language and unnecessary ...

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08-4245 Palka v. Shelton

Constitutional Law Public employment; due process A government employee who resigned rather than face a disciplinary hearing cannot sue for violating his due process rights. “No doubt Palka was confronted with a difficult choice when the disciplinary charges were lodged against him and the Merit Board hearing loomed. He could retire with full benefits or appear before the Board and ...

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