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Police Win the Ability to
Arbitrate Their Discipline
(10/30/07)
MADISON—On October 26, 2007, Governor Jim Doyle signed
the 2007-2009 state budget into law. In addition to increasing
the minimum levy limits imposed on local governments, Governor
Doyle used his veto authority to permit police officers to arbitrate
their discipline.
The budget as enacted adds language to the Municipal Employment
Relations Act (MERA) providing that notwithstanding the police
and fire commission law, a collective bargaining agreement entered
into between police or fire fighting personnel and a municipal
employer may contain dispute resolution procedures, such as arbitration,
that address the discipline of such personnel. It further prohibits
a municipality from collectively bargaining the prohibition of
access to arbitration as an alternative to the police and fire
commission disciplinary process. Finally, the new law prohibits
a municipal employer from bargaining any reduction to the “Just
Cause” standards found in s. 62.13(5)(em)1. to 7., and
from bargaining as to the payment of compensation in a way that
is inconsistent with s. 62.13(5)(h), which requires that “[n]o
person shall be deprived of compensation while suspended pending
disposition of charges.” The treatment of these changes
first applies to a collective bargaining agreement that contains
provisions that are inconsistent with that treatment on the day
on which the agreement expires, or is extended, modified, or
renewed, whichever occurs first.
In his budget message, Governor Doyle stated “Permitting
both law enforcement officers and firefighters to use alternative
disciplinary appeal procedures will help relieve the court system
work load, expand the opportunities of law enforcement officers
and firefighters to select appeals procedures, and allow employers
and employees to settle their disputes quickly and effectively.”
This issue has been a WPPA priority for more than 20 years,
and these changes in the bargaining law represent a fantastic
victory for the WPPA and its members. The compromise budget that
was sent to the Governor’s desk permitted the change for
fire fighters only. Governor Doyle was able to extend these changes
to municipal police officers through his partial-veto authority,
a move contrary to the zealous opposition of the Wisconsin Alliance
of Cities, the League of Wisconsin Municipalities, and the Wisconsin
Chiefs of Police Association.
Anyone with questions or comments is welcome to contact WPPA
Assistant Executive Director Jim Palmer, either by telephone
at 800.362.8838, or by e-mail at palmer@wppa.com.
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