E: 5 {gr9-: GRANT F. LANGLEY City Attorney M. KONRAD LINDA ULISS BURKE VINCENT D. Deputy City Attorneys THOMAS 0. GARTNER STUART S. MUKAMAL THOMAS J. MQURITA F. HOUREN 3033 3. SUSAH E. LAPPEI1 JAN A. SMOKOWIGZ PATRICIA A. FIHCKER Wicii SPOERL KURT A. BEHHNG GREGG C. HAGOPIAN ELLEN H. TANGEN MELAPHE RZITLEDGE A. UNORA DONALD L. SCHRIEFER MIRIAM R. Hoawrrz o. new 3. STEPHENS All 2. BLOCK 311, XCCUIIVS . . . . "gym P. SULLIVAN Ernployes' Retirement System . moms ILMELLER 739 North Water Street, Suite 300 Milwaukee, WI 53202 JEREMY R. MCKENZIE .. . i MARYL.SCHANN3NG PETER 1. BLOCK Re. Duty Disability Application Process NICHOLAS DESWO JOANNA GIBELEV - - - - JENNYYUAN Dear Mr. Allen: Assistant City Attorneys By letter dated November 1, 2013, you requested our advice regarding several issues that have arisen relating to the processing of duty disability applications for police officers. As background for these questions, you explain that over a period of some time there have been a number of police duty disability applicants who have appeared at their counseling sessions accompanied by the same retired police detective. These applicants come to the counseling "session with a prepared typewritten statement,' ranging in length from 5 to 15 pages; most of these statements note that the statement was Written with the assistance of a retired police detective. You advise that these statements contain similar or the same boilerplate language that make assertions regarding the application of certain rules and standards to the applicant's job duties. The applicants have requested that these statements be attached to and made a part of their application, which ERS has done. However, by letter dated October 15, 2013, the police department advised you that the rule cited in these statements, Rule 4, 025.00, has not been in existence since February 1, 2011. Moreover, the October 15, 2013 letter correctly points out that the cited references to Law Enforcement Standards (LES) apply to recruitment qualifications and not existing certified law enforcement officers. We would add OFTHE ATTORNEY 9* Zofifiastweiisstreet 9 3 TeIephone:414.286.2601 TUB: 414.286.2025 Bernard Allen, Executive Director November 22, 2013 Page 2 to this that even when Rule 4, 025.00 was in existence, its application to police officers subject to the limited duty protocol would be limited. Our understanding is that all these applicants were hired after: February 2, 1987 and are subject to the limited duty protocol (as explained below). Therefore, citations to LES and Rule 4, 025.00 could have misled the medical panel doctors into believing that these applicants were required to perform full duty, when that was not the case. 1. Should ERS be allowing persons other than applicants to attend counseling sessions? Yes, but the Executive Director has the discretionary authority to prohibit a disruptive individual from attending future-counseling sessions. You note that ERS has in the past allowed a union representative, attorney, or family member to attend a counseling session. We do not recommend changing this policy since it may be beneficial to members who are applying for benefits. However, allowing a person to attend a counseling session is not permission to disrupt or impede the counseling session'. The purpose of the counseling session relating to duty disability is for the counselor to explain the duty disability process, answer any questions the applicant may have, and oversee the applicant's completion of the duty disability application, statement of disability and other ERS~required documents. If any individual accompanying any applicant interferes with the interview or the completion of the required documents, it is certainly reasonable and within the authority of the Executive Director, pr the person conducting the session, to direct the person accompanying the applicant to leave the session.- If the applicant wants to proceed without the individual present, then the application process can be completed. If not, then the counseling session should be terminated and the applicant advised that if he or she wants to apply for a duty disability retirement, he or she must schedule another appointment and appear without the individual who impeded the process. Since your request, you have verbally advised that recently there was an incident in which the retired police employee attempted to interrogate an ERS supervisor (this is how the encounter has been characterized to us) who was attending the counseling session about a matter completely unrelated to the counseling session. Because this retired police employee has repeatedly accornpanied police officers (according to your letter on 18 occasions) to counseling sessions, you have a concern about future counseling sessions in which this person may appear. Specifically, your concern centers on your employees being able to perform their responsibilities in an expeditious manner and that they will not feel intimidated Bernard Allen, Executive Director November 22, 2013 Page 3 when performing these duties. Therefore, We supplement your question above with the following question: Can. the ERS prohibit an individual from accompanying a disability or other benefit applicant to a counseling session if the individual has previously disrupted a counseling session? In our judgment, the ERS can prohibit such a person from attending future counseling sessions. As Executive Director, your duties are to manage the ERS staff and administer the daily operation of the ERS. see Board Rule II.C.-4. a. 6 and 13. Consistent with these duties, you have the discretionary authority to prohibit an individual who previously disrupted a counseling session from attending fixture counseling sessions. 2. Should ERS allow applicants to supplement the ERS application form and ERS statement on disability form? No, allowing the type of supplementation you have identified is contrary to 36- 05-3>>-c-1 andusurps the Board's authority. Section 36-05-3-c-1 of the Milwaukee City Charter requires that police officers applying for a duty disability retirement must file a request "with the board on a form provided by it for that The Board has approved the duty disability application and statement of disability forms utilized by the ERS. To allow supplementation of these forms contradicts the above-cited language and infringes on the Board's authority over these documents. Moreover, the Board~approved application requires that the applicant swear under oath that the information provided is based on his or her personal knowledge and is true. This requirement safeguards against inaccurate statements by the applicant and is consistent with 36-11-1, entitled "Protection Against Fraud and Elimination of Errors," which provides that anyone who makes a false statement on an ERS record in an attempt to defraud the system is guilty of a misdemeanor. Allowing pre-Written statements that are not authored by the applicant could diminish this safeguard. Prohibiting this type of supplementation would also include prohibiting a person from. coming to the counseling session with a prepared statement and merely copying the prepared statement onto the application. The applicant must complete only the forms provided by the Board himself or herself in front of the counselor and swear to the truthfulness of the statements therein in order to ensure the integrity of the process. We also reiterate previous advice that we have given all documentation forwarded to the medical panel must be provided only by the ERS. The applicants Bernard Allen, Executive Director November 22, 2013 Page 4 should not unilaterally provide supplementary? statements to the medical panel doctors. The doctors should be advised of this requirement and instructed to advise your staff if they are ever provided with any information other than what was sent by your staff. It is our understanding that some of these applications with the prepared typewritten statements have already been processed. We are concerned that the extensive citations to LES and Rule 4, as well as some other assertions contained in these statements, may have misled the doctors regarding the requirements of limited duty assignments within the police department, which in turn may have impacted the medical panel doctors' opinions and certifications. The doctors may have based their certifications for eligibility for duty disability retirement on an incorrect understanding of the police departrnent's limited duty policy and limited duty assignrnents} Police officers hired after February 2, 1987 who can perform limited duty are not permanently and totally disabled and therefore are not eligible for duty disability retirement. Because of this concern, We recommend that the ERS undertake a review of these duty disability retirees to determine if any of the medical panel doctors based their opinions or certifications as to Whether or not the applicant could perform limited duty on iniforrnation that was inaccurate. A review of this type is authorized by the charter'; See ("The board may at any time request information concerning such person or investigate his status or request a medical examination of such person"). We can assist your staff in how to implement such a review, but rninimally youshould contact the medical panel doctors, advise them that some of the information provided was inaccurate and ask them whether the incorrect information impacted their certification. If so, the doctors should issue a new certification; any revised decision of - the medical panel would be presented to the Board. 3. How should the ERS respond to statements from the applicant that he or she does not authorize the release of his/her application "to any person outside the I In such circumstances, the applicant should be told he or she will not be allowed to submit an application for duty disability benefits. Since February 2, 1987, the Miiwaukee Police Department has had a Limited Duty Poiicy. See Standard Operating Procedure 040. The Limited Duty Poiicy provides that an officer may be placed in an assignment consistent with his or her restrictions. The City of Milwaukee and the ERS were involved in much litigation when the Limited Duty Policy was implemented, however, we have advised that a duty disability retirement can be denied to a police officer hired after February 2, 1987, who can perform limited duty. Bernard Allen, Executive Director November 22, 2013 Page 5 The ERS processes all duty disability applications by forwarding a copy of the application and statement of disability to the City of Milwaukee Employee Benefits section along with a release for the applicant's worker's compensation file. Also as part of the process, ERS sends' an applicant's application and statement of disability to the doctors on the medical council and doctors on the medical panel. (Thedoctors on the medical council and the medical panel are asked to consider the application and statement of disability in making their determination regarding duty disability.) A general city duty disability applicant's treating physician is also sent the application and statement on disability along with a request that he or she complete the ERS Personal Physician form. Finally, in an opinion from our office date July 24, 2012, We advised that the ERS could furnish the application and statement of disability to the employing department without undertaking a public records analysis. In our opinion of July 24, 2012 we advised that providing a copy of the duty disability application to the employing department so that it can provide relevant information is part of ERS's responsibility in overseeing the processing of duty disability applications. Forwarding the application to appropriate personnel outside the ERS is necessary for the ERS to process a duty disability application; An applicant who refuses to comply with the ERS's procedure should not be allowed to file a duty disability application until such time as the applicant is willing to comply with the procedure. 4. What are the ERS's administrative responsibilities when the information on the application conflicts with information from the employing department regarding the nature of the alleged injury and causation? We think that prohibiting additional staternents should assist in n1-inirnizing the conflicts. However, the duty disability process is based on an applicant being truthful. The Board requires, at least on the application, that the statements be made under oath to assure honesty in the process. We recoinrnend that the statement of disability also be included in the oath taken by the applicant to assure that the statements on that document are also true and based on personal knowledge. The oath should also include language to the effect that the applicant understands that providing false information will result in a dismissal of the application. In our judgment, a dismissal of the application if a statement on the application or statement of disability is determined to be false is implicit in the requirement that the forms be executed under oath and the prohibition against knowingly making a false statement contained in 36-1 l-l. We have modified the current language of the oath to include the statement of disability and deleted Bernard Allen, Executive Director November 22, 20 3 Page 6 some language that diminishes the purpose of the oath. We have also modified the language on the application relating to the legal standard applicable to duty disability retirement so that the applicant will only swear to the factual elements of the duty disability requirements. A copy of an application with the proposed modifications is attached for your consideration and approval. The application and statement of disability should be limited to factual information known by the applicant, rather than assertions. Currently, however, there is not a process available to resolve conflicting evidence regarding the extent and nature of the claimed work injury and the claimed disability resulting from the work injury. We have on several occasions' advised both the City and the Board that the processing of a properly accepted duty disability application filed by a police officer requires referral to a medical panel? As noted in our July 28, 2003 opinion to several Common Council members, this opinion is based on the language of 36-05-3-c-l-a, which is in part the result of the 1983-84 collective bargaining agreement between the City and the Milwaukee Police Association in which the City and the MFA agreed to the medical panel. In that opinion we stated that a change to the medical panel would need?to be done through the collective bargaining process. At this time, we do not see any legal basis to alter that opinion absent a change in the collective bargaining law; Based on conversations we have had with you, We are concerned that police officers are being allowed to tile applications for duty disability retirement even though they are working (both full and limited duty) and the police department has not been presented with any medical evidence -that the officer needs permanent restrictions or that additional permanent restrictions -have been placed on the officer, if he or she is employed in a limited duty assignment. Section 36--05--3-a allows a member in active service who becomes permanently and totally disabled to apply for a duty disability retirement. For Ernest rnernbers applying for duty disability retirement, the applicant is usually not Working because of permanent restrictions placed on the member by his or her; treating physician as a result of a work injury and the employee's departnienfs inability to accommodate those permanent restrictions. Thus, the incapacitation is -based on the employing departrnent's determination that the employee can no longer perform his or her job because of the employee's work related restrictions. - In our opinion, before a member may apply for duty disability retirement, he orishe must establish that the department will no longer employ him or her in?their position based on permanent 2 For police officers hired after June 28, 2005, who file a duty disability based on a mental injury, the application is referred to the medical council. Bernard Allen, Executive Director November 22, 2013 Page 7 restrictions placed upon the employee by the en1ployee"'s treating physician because of a claimed work injury. In our judgment, this is implicit in the language of the charter. By allowing police officers to apply for duty disability retirement merely because they are in active service, without consideration of whether or not the department has any work available for the officer, is in contravention to a duty disability retirement. As noted above, the police _.department has had a limited duty program since February, 1987. When the program was implemented, there was litigation regarding whether a police officer could be denied duty disability retireinent on the basis that the officer could perform limited duty, but not full duty. Pikalek v. City of Milwaukee (October 3, 1995 Ct. App.) (unpublished). In Pikalek, the court of appeals held that the term "permanently and totally incapacitated" used in 36- 05--3-a means the inability to perform full duty assignments for those officers hired prior to February 2, 1987. For officers hired after February 2, 1987, "permanently and totally incapacitated" means the inability to perform limited duty assignments. It is the Chief of Police who rnalces assignments in his department pursuant to the limited duty protocol. If a police applicant is allowed to apply for duty disability retirement Without presenting his or her permanent restrictions to the department in order for it to determine whether or not the department can place the person in a limited duty assignment, then the ERS is allowing members to apply for duty disability retirement who may not be eligible for the benefit because they are not disabled from their job. It is our recornrnendation that before you allow a police officer to apply for a duty disability retirement, he or she must establish that the department does not have any employment for the individual based on his or her doctor's permanent restrictions. This requires that the police officer present his or her restrictions to the police department and the police department advise the officer that it cannot accommodate the restrictions.3 It is only at this point that the police officer can state on his or her statement of disability that he or she is disabled, which the ERS form requires the applicant to do. 3 This requirement applies to all members who apply for duty disability retirement; however, it is our experience that a general city employee who applies for duty disability retirement has received documentation from their department advising the member that the department can no longer employ the member in his or her position based on permanent iimitations. Firemen currently do not have permanent limited duty assignments within their department, but nevertheless they also must document that their treating physician has placed permanent restrictions on them that prevents them from performing their job. Bernard Allen, Executive Director November 22, 2013 Page 8 If an officer wants to apply for a duty disability retirement, it is our recommendation that your office advise the officer that he or she will need to fLlI'I1iSl"l documentation that the police department has determined that it cannot employ him or her -before the officer will be allowed to apply for duty disability retirement. Requiring a police officer to establish that he or she has requested an assignment within his or her permanent restrictions and the department cannot assign the officer any work before they apply for a duty disability retirement is consistent with the language of the charter and is not a dirninishment in any benefit because duty disability retirement is only available for rnembers who can no longer perform their job. You currently have a couple of applications from police officers who have not documented their inability to work and their applications have not proceeded to the medical panel. We recommend that you notify these applicants of the requirement outlined above and advise them. that their applications will not be forwarded to the medical panel until the requisite documentation is completed. Finally, you ask us generally for suggestions regarding how to improve administration of this benefit. Since there is an audit of fire and police disability underway, we deem it appropriate to await the outcome of the audit. We anticipate that we will review the audit with you and recoinrnencl any appropriate suggestions at that time. Very trul yours, MAURITA HOUREN Assistant City Attorney MH:wt: 197815 1054-2013-2784 Replace language after typewritten portion ofappliccztion with this.' I In accordance with the provisions of the law governing the operation of the Employes' Retirerpent System of the City of Milwaukee, I, a member of the System, apply for retirement fiom active service effective INSERT DATE. I am applying based on a disability that incapacitates me for duty; the injury that I specify on this form, and claim incapacitates me from duty, occurred While in the actual perfomciance of duty on the date[s] stated below. The incident that caused my disability occurred as follows: Insert "Statement of Disability" for "statement" Oath Change to: being first duly sworn under oathfaffirmation states that he/ she has read the foregoing application and statement of disability and knows the contents on both documents is true and based on personal knowledge. I understand that providing false information on either the application or statement of disability will result in a dismissal of my application. 197926 System APPLICATION FOR ity of Miiweutcee DUTY-DISABIUTY RETIREMENT as North Water Street, Suite 300 iiwaukee, 53202 FIRE AND POLICE -800-815-8418 or 414-233-3557 CASE NUMBER: PERSN DATE OF BIRTH: <> DATE: NAME: MI: LAST: <> ADDRESS: ADDRESS: <> CITY: <> STATE: <> ZIP: <><> PROVINCE: <> POSTAL CODE: <> COUNTRY: <> DEPARTMENT: <> TITLE: In accordance with the provisions of the tew governing the operation of the Employee' Retirement System of the City of fl/titwaukee, i, a member of the System, e&eefor retirement from active service, effective 5 am aootvino based on disatniitty that incsoecitates me for duty; the story that I soeotfv on this form. and cteim irtcetneeitetes me horn duty, occurred white in the some! performance of duh! on he dete(s) stated below. The incident that caused mv occurred as follows: . .. ..-.- .- e%eah.. Describe Accident: injury Resetting from Accident: Witnesses: I attach a statement as to my physics! condition, together with an authorization to my physician, to report directiy on my condition to the Medics! Panel of the System. Signature of Member: Signature of Witness: <> to State of County of being first duty sworn under oath/affirmation states that he/she has read the foregoing apptication and statement of disebititv end knows the contents on both documents is true and based on personal knowtedoe. i understand that trrovidtno false information on either the application or s_tete_ment of disabttitv wilt result in dismissal of my aoolicetionnheeies tse%st%tse eg&e@ - sewist-a, ee . Ii'! Subscribed and sworn to before me on this day of" (SEAL) Notary Pubtio Date of Commission Expiration Rev: 1% Signature of Member: Date: City of Milwaukee Employee' Retirement System Bernard J. Atlen Executive Director David M. Siiber, CFA, CAU5. Chief investment Officer Beth Conradson Cleo:-y Deputy Director November 1, 2013 Grant F. Langley, City Attorney 200 Wells St, Rm 800 Milwaukee, WI 53202 Attn.: Rudolph M. Konrad, Deputy City Attorney RE: Duty Disability Application Process Dear Mr. Konrad: We are seeking advice regarding a variety of issues that have arisen relatingto the processing of disability applications filed by police officers. Generally, the process for applying for a disability retirement is as follows. When a person wants to apply for a disability retirement, he or she makes an appointment with a disability counselor. The member meets with the counselor and at the meeting is provided with a Board approved application for disability and statement of disability. (Section of the Milwaukee City Charter requires that an individual apply for a disability benefit: "on a form provided by the board for that purpose") The member completes the application and statement of disability in the presence of the counselor. The counselor explains the application process to the member, provides information regarding the disability benefit, and answers any questions the member may pose. Sometimes, the member is accompanied to the counseling session by a union representative, attorney or family member. Please advise whether or not the ERS shouldbe allowing persons other than applicants to attend counseling sessions. We have become aware that over a period of time the normal processing of a disability application has been altered in situations involving police applicants. In at least 18 disability counseling sessions with police applicants, the same retired police detective has attended the counseling sessions.(as evidenced by his signing the witness block on the application). Many of these police applicants come to the counseling session with a previously prepared type written document, ranging in length from 5 to 15 pages, that the applicants request to be submitted as part of the application for disability retirement. These prepared statements most often note that the statements were prepared with the assistance of the same retired police detective who accompanies the applicants to ERS offices. Not only do these prepared typewritten statements contain extraneous information that is not requested in the Board approved forms, but the statements have similar or. the exact same boilerplate language that make assertions regarding the application of rules and standards to the police department, which according to the attached letter from the police department is incorrect. Given that these typewritten statements are not being prepared solely by the applicant, that we have been advised that the information in these statements is 78'? N. Water Street, Suite 300, Milwaukee, Wt 53202 Phone 4314-28643557 or 1-800-815-8418 Fox 414-2858428 Grant F. Langley, City Attorney Attn: Rudolph M. Konrad November 1, 2013 Page 2 incorrect, and that the statements alter the application forms approved by the Board, -please advise whether the ERS should be sending supplemental statements to the medical panel or medical council? . - Additionally, we have recently received a few duty disability applications with such typewritten statements that have also included the same boilerplate language stating that the applicant does not authorize the release of his/her application "to any person outside the and specifically denies access to the application by the Milwaukee Police Department and the Workers Compensation Section of the City's Employees Benefit Division, asserting that the information stated in the application contains protected sensitive medical information. Please advise as to how we should regard such a request. We are also seeking your advice regarding the administrative duties in the event we are presented with conflicting information when comparing the alleged facts and circumstances stated in the applicant's statement of disability as compared to the information presented by the applicant's employing department. Recently the ERS and DER received correspondence from the Milwaukee Police Department submitted in response to one of the applications it reviewed that contained conflicting information as opposed to the perspective shared by the applicant of the claimed accident and injury (and surrounding events). Please advise on the administrative duties and role when a situation like this occurs which presents conflicting information resulting in questions about the eligibility to apply for the benefit both the claimed accident and resulting injury, or causation questions regarding a member claiming to be . "permanently and totally incapacitated for duty as the natural and proximate result of an injury occurring at some definite time and place while in the actual performance of duty" (as is the standard per Ch. In responding to this request we invite your input with any practical suggestions for resolving the issues posed above, if necessary, with respect to modification of ERS statutes, ordinance, customs, information or formal policies, or rules that would enable us to better serve our members and faidy administrate the benefits of this plan. Thank you for your assistance in this matter. Sincerely, Executive Dire tor BJA:bcc 35.' Nliiwauirea Police Department 3 . Building - 749 West State Street 1:5 ~13 g: Milwaukee, Wisconsin 53233 . -. FF Edward A. E, Chief of Police it 33 October 15, 2013 . . (414) 9353200 Jerry Allen Executive Director Employees' Retirement System 789 N. Water Street, Suite 300 Milwaukee, WI 53202 Re: DISABILITY APPLICATIONS Dear Director Allen, Recent disability applications, filed by or-on-'-behalf of Milwaukee Police Department employees, have included 'inaccurate information that may have a material impact on decisions to approve or deny disability benefits. I ask that the Employees' Retirement System consider the following information when processing disability applications. . Several applications reference Rule 4, Section 025.08 as a condition of employment that the Milwaukee Police'DeparI:ment currently enforces. The rule reads as follows: "Members of the police force shall, be always subject to duty although periodically relieved from the routine perfomvance of it. They are always subject to orders from' proper authority and to calls from _oitizens. The fact they may be technically "oi?-duly" shall not be held as relieving them from the responsibility of taking required police ection in any matter oomingto their attention at anytime." It appears that the rule is included within disability applications as way to express an absolute or imperative condition of employment as a law enforcement officer for the City of Milwaukee. These applications also assert -that the department has not or will not exempt its law enforcement employees from the rule; the implication being that a disabled employee must be awarded retirement benefits due to the imposition of unreasonable employment conditions that are impossible for the employee to comply with. Kiltifi, lg ii'? ?t1ES?li'T ERS Request October 15, 2013 Page 2 of 3 It should be noted that on July 29, 2010, Police Chief Edward promulgated General Order 2010-20, which went into effect on August 1, 2010 (copy enclosed for reference). The General Order set into motion the adoption of a Code of Conduct (copy enclosed for reference) and the rescission of Rules and Regulations. The specific rule cited within disability applications was rescinded in its entirety on February 1, 2011. Nowhere in the Code of Conduct is there a requirement even remotely similar to Rule 4, Section 025.00. In fact, the Preamble to the Code of Conduct states in part: "Depadment members shall at all times conduct themselves to the extent their position requires in accordance with the provisions of this Code." The Code of Conduct is issued to every employee, and each is required to be familiar with the content therein. An applicant who uses Rule 4 after February 2011, as an enforced condition of employment, knows or should know that the rule has been rescinded and no longer applies. As further evidence that the department accommodates its disabled law enforcement employees, I have enclosed for your reference Standard Operating Procedure 220 -- Arrest Authority. The procedure outlines arrest authority limitations for both on-duty and off>>duty ''members''. The term "members", for purposes of the procedure, is defined consistently with Wl Statute which reads in part: person ernployed by the state or any political subdr'w'sr'on of the state, for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances that the person is emolct/ed to enforce." The procedure clearly states that on--duty and off-duty members ''may" make an arrest under certain circumstances. The procedure actually discourages off-duty members from taking law enforcement action. Additionally, the statutory definition used within the procedure contains qualifying language. A member must be authorized to make arrests, and the member's employer can prescribe the types of arrests that can be made, if at all. have also enclosed for your reference Standard Operating Procedure 040 Limited Duty Status. The procedure clearly outlines the departments willingness and ability to accommodate injured, ill, or disabled employees on a temporary or permanent basis. Lastly, in certain circumstances the department has suspended its members' police powers. These suspensions can be temporary orindefinite, and they have come about due to allegations of misconduct or a members. inability to perform essential law enforcement functions whether such inability is the result of an injury, illness, or mental affliction. It should be noted that the suspension of one's police powers is an administrative procedure that is not disciplinary in nature, and does not result in a reduction in one's pay or benefits. ERS Request October 15, 2013 Page 3 of 3 In summary' to the Rule 4 issue, ER8 should consider whether to process a disability application that contains a reference to the rule, or any general reference that the department requires its law enforcement employees to take law enforcement action. Rule 4 does not exist, and has not since February 1, 2011. There is no condition of employment that requires an existing disabled law enforcement employee to take law enforcement action, whether on-duty or off-duty. Department policies and procedures limit or altogether suspend an employee's responsibility to take law enforcement action while on-duty or off--doty, and either on a temporary or indefinite basis. The depaitrnent can also accommodate most law enforcement employees who suffer from an illness, injury, or mental affliction with an assignment that takes into consideration the employees' limitation or disability. have also taken note of disability applications that include references to the Law Enforcement Training andstandards Board and the City of Milwaukee Fire and Police Commission These references also assert the existence of a condition of employment that prevents or precludes disabled law enforcement- employees from continuing to serve the department in a limited capacity. I request that the ERS look further into these assertions. lt appears that the LESB references, specificaliy LES 2-2.01 1.g and LES relate to recruitment qualifications and not to existing certified law enforcement officers. i are unaware of the LESB decertifying an existing law enforcement employee solely because the employee suffers from an illness, injury, or mental affliction. Along the same lines, it appears that the FPC references relate to pre--~hire qualifications, but the disability applications do not provide the exact FPC source. I am unaware of the FPC disciplining or discharging an existing law enforcement employee solely because the employee 'suffers from an illness, injury, or mental affliction. . If can be of further assistance, please do not hesitate to ask. My staff and are willing to assist in whatever way we can to resolve the aforementioned issues. Sincerely, Edward A. Chief of Police nr' Captaie of Police Internal Affairs Division Enclosures CC: Chief of Staff Joe! Pient inspector William Jessup Pars. Admin. Valarie Williams Asst. City Attorney Heidi Wick Asst. City Attorney Maurita Houren .. Table of Cnntents .. .ANNUALRECERTIFICATIONTRAININGCONTENTOFTRAININB . .. . - . . . . .. . .. .. ANNUAL son Omcens Cemmen IN Mons THAN ONE Fuaw ELECTED . . . . .. . -I - -, . . "gun msraucron Paocess . . . .. . . . .. .. . . .. . . 3.2 Team or lnsmucroa . . . Home or msrnucroa Reuawm . .. . . . . . 1% RENEWAL or msmucroa . . . .. . .. ..13 Izvsmucrca .. . . RENEW Imsmucron . . AND noanlonqn' -- LAW Ewsoncsmemflmana Law ENFORCEMENT Congas Cmzurr .. . ..19 TIME FRAME 10 Mearms Canuscss CREDIT . 19 Veamczmon Cnemr Requlasmeorr HAS BEEN . 19 Cnume Cnea:rW4w?....23 MEMIMUM Empaowamsrauomns . . EMFLOYMENT . . . . 9'5 Nomcanam OFOFHCERSTATUSCHANGE . . IVHIJTARY . . . .- 28 Tmruazmsson . . . .. . 9-3 . . . . Pouorron Mama? . 7 . . Pas-Ssawce Gaaouxresmo MILITARY Remrsearmom-1- Poucv Mm-zws Boo? . .. 20 BOARD .. . 30 THE Exscunva Commune arm:-: . . . . ., 32 DRUGTESTING Upon: HIRE mo PRIOR To .. '~17 . . . .. Tesnms FOR PRIMARYAMD Sscomomw EMPLOYMENT 3 - 3- BOAHDAPPROVALOF moT:wmm>-time basis as a law enforcement, tribal law cni'oxcement,jaii or secure cletcntion oft'- ccr, that individual must have met recruit qualifications estalr the board. The minimum qualifications for recruitment 5 cl The applicant shall possess a valid Wisconsin driver's license or such other valid permit recognized by the Wisconsin depnnment of transportation as authorizing operation of a motor vehicle in Wisconsin prior to completion oftbc prepo- ratory training course. The results of at check of the issuing agency '5 motor vehicle files shall constitute evidence of driver '5 status. The applicant shall have attained a minimum age of I8 years. A birth or naturalization certificate shall serve as evidence of applicant's date of birth. The applicant shall not have been convicted of any federal felony or ofany offense wlticlt if committed in Wisconsin could be punislxecl as a felony unless the applicant has been granted an absolute and unconditional pardon. (ti) The applicant shall possess a Wisconsin high school diploma or a diplomtt issued by an out ofstato high school itcd by an appropriate agency of the state or shall have passed the general education development diploma test or any other test rec- ommended by the Wisconsin department of public instruction as indicating high school diploma level. . An oppliczmt for employment as a law enforcement or tribal law enforcement oilicer shell possess either a 2 year associate degree from a Wisconsin technical college system district or its accredited equivalent from another state or a minimum ol'6l} fully accredited college level credits. An applicant who has not met this standard at the time shall meet this standard as a requirement ofrecerlificntion by the board at the end ofhis or her fifth year of employment as a law enforcement or tribal law enforcement officer: At the request of an applicant and upon cloc- umentatioo of experiences that have enhanced his or her writing, problem solving and other communication skills, the board may waive a maximum ol'30 college level credits. This educational standard shall apply to applicants first employed as law on force- or tribal law enforcement officers on or after February l, I 93; The applicant shall be cl' good character as determined from a written report containing the results ofthe following: I. The fingerprinting of the applicant and with a search of - local, state and national fingerprint records. 2. A background investigation conducted by or on behalf of an employer. The employer shall certify in a document subscribed and sworn to by the affiant that a reasonably appropriate back- ground investigation has been conducted, whet persons or agency conducted the investigation and where written results ofthe inves- tigation are maintained on file. 3. Such other investigation as may be deemed necessary to provide a basis of judgment on the applicant's loyalty to the United States or to detect conditions which adversely affect per- formance oi'cnc's duty as a law ttibal law enforce- ment, jail or secure detention officer. The applicant shall be free from any physical, emotional or mental condition which might adversely affect performance of duties as :1 low on forccment, tribal law enforcement, jail or secure detention officer. 3. Tile applicant shall complete a personal medical history, a copy ofwhiclz is to be submitted to the examining physician. 2. The examination shall be by a 'Wisconsin licensed physi- cian who shall provide :1 written report on the results of the examination. (it) The applicant shall submit to and complete with satisfac- tory results, an oral interview to be conducted by the employing authority or its representative or results" shall be determined from the contents of written rating by the expressing an opinion concerning the appli- oent's appearance, personality, and ability to communicate as observed during the interview. (2) The employing authority shall supply the mining and standards bureau xvirli copies of the documentation and reports concerning the above listed qualifications. Personal history, rating and report forms currentlyosed by the employing authority are acceptable for this purpose. I such forms are not available, the bureau will supply forms for this purpose upon request. (3) If the applicant is employed on a probationary or tempo- rary basis. the bureau shall be immediately in formed. The bureau shall maintain a permanent file on each applicant. (4) The foregoing are minimum qualifications. Higher quail>> fioazzons are strongly recommended where the-employing author- ity is In a position to require them. Hitler)': Cr. Register. September. 1930. No. I77. oil: l0*l"70: om. Regis- ter, Anni. 19113, No. oil'. l-73: am. (I) l. Register, January. 1934, lie. 217, off. 3.--1-T4: am. (1) (intro. par.) and (I) islet; October, 1974. No. 216. 61?. ll-- (1) id). Register, Jammy, 1975. be. oil'. 613?}, Regis- tor, Amt. 1975, No. 2.32, cfl'. ~75: em. (2) {term}. mourn(31. Register, Octobermade 13.93 (Em) 5.. State, Register. Clctuv bar, -2984. No. 346; recentRegister, January, I993, No. #45, oil'. 2--l-93: am. I) Aug,ust, 1993. bin. en". 1 i-39-93;am- (1) (intro), to) and r. and rent. Register. No. 563, off. {.135 2.02 Pre-employment drug testing. (1) Tesrmo nsoutnemenr. The applicant shall submit to a drug test for the presence oftlte following controlled substances or classes ol'con-- trolled substances or their metabolites: 1. Amphetamines 2. Cannabis or f3. Opiates 34. Cocaine The drug test shall be accomplished through analysis ofa urine specimen from the applicant. Other specimens of blood, breath, saliva or hair may be used when minimum standards equivalent with those for urine specimens have been established by the United States department of health and human services, substance abuse and mental health services administration. The specimen collected may only be used for either of' the following: The Wisconsin Administrative Code on this web site is updated on the 15: day of' each manta, current as either date. See also Are the Codes on this Website Official? ilcgislc-r August zoo: No. 543 LE5 2.02 l. Test required under par. 2. Tests for other controlled substances as dcicnnincci by the prospective employing agency. The costs of the urine sample collection and analysis shall be home by the employing agency. (2) Nortco or asouiasusnc Notice dstc, time, and place oi' the drug lost. sample collection shall be given to the applicant no more than 3 days prior to the date of the scheduled collection. The notice shall inform the applicant that appearance For the drug test spccitncn collection at the stated date, time. and place is mandatory and that failure to appear withoutjust cause to the satisfaction ofthc prospective employing agency or refusal to provide the specimen shall rcsult in denial by the board. The notice shall inform the applicant that a positive test result for which the applicant cannot provide a legitimate explana- tion to the satisfaction of the board shall result in the applicant being denied employment and being dcnicd certification by the boizrd. The notice shall state that the test rcsults may be disclosed on y: To the board. (la) To the employing agency or any other prospec- tive employing agency. To the applicant or applicantfs dcsignec. To the prospective cmpioyofis dcsignce or the bosrd's ticsigneo, if disclosed for a purpose related to or in conjunction with an applicant? challenge to a positive test result, or an admin- istrative action, court or other proceeding in which the applicant challenges a denial of employment or ccrtificaiion. By lawful order oft: court. (1) As otherwise required by law. (3) SPECIMEN COLLECIIOH. The urine specimen shall be cc!- at :1 silo designated by the approved laboratory specified by the prospective cmploying agency for the drug test- mg. (3) The applicant providing the specimen shall be positively identified by the collection site person by use ofa valid photo driv- er's license, valid passport, or valid military identification card. If proper identification is not available, the specimen shall not he collected without contacting the prospective employing agency to maltc other for positive identification. The specimen shall he obtained from the applicant in :1 manner that complies with laboratory and collection site specifi- cations adopted by the board and published in the policy and pro- cedures manual of the board. (4) Consequences or: rosmvs resr nosou, FAILURE TU APPEAR OR A positive test result for which the applicont cannot provicic an explanation to the satisfaction of the board, refusal to provide the critic spccimcn for the drug test, or failure lo appear to provide the urine specimen at the scheduled date. time, and place without just cause to the satisfaction of lite pro- spective employing agency shall result in the applicant being denied certification by the board. TESTING Tho drug required by sub. (I) shall be performed by an approved laboratory chosen by the pro- spective employing agency. Specifications for approved laborato- gics goal! he published in the policy and procedures manual of the oar . Tests to be performed. The testing proccdurc shall consist of: 1. An initial screening test 2. A confirmatory test when there is :1 positive initial test result. Courmiied The initial screening test shall be done for the presence of amphetamines, cannabis or carznabi~ noids, opiates, cocaine and pl1encyciidinc(PCP) or their mambo- litcs in tested urine in levels at or above threshold detection levels established by tho United States Department and Human ADNHNISTRATIVE CODE I 4 Services, Substance Abuse and McntalHcaltl1 Scrviccs Adminis- tration. Confirmation tests. The contirmnlion shall be done for the presence of cannabis or cannabiooids acid), opiates (morphine, codcinc), cocaine and clidinc in looted urine in levels at or above threshold detec- tion established by the United States clcparimcnt ofhcalth and human services, substance abuse and mental services atlministmtion. Each applicant who receives a positive confirma- tion test shall be allowed to submit irtfomtation in explanation of test results. NOTICE or reasons; RIGHTS. The lcsling laboratory shall forward any positive test results to the board as well as to the prospective employing agency. Within 10 working days after receipt ofthc test result report from the testing laboratory, the prospective employing agency shall inform the applicant in writing ofa positive test result. Ifan applicant wishes to a positive test result. the applicant shall, within 5 working days after receiving notice ofa positive test result, submit in writing to prospective employing agency and to the board information that the applicant believes provides a leg-itimaic cxpianation for the positive test result. The applicant shall provide to the board written waivers of confiden- tiality for information the board believes is necessary for it to if there is a legitimate cxplanation for the positive lost result. 1. Within 20 working days after receipt of inforrnation in par. (13), the board shall is an acceptable legiti- mate oxplanation for lite applicant's positive test result. 2. The applicant, at the applicant's from a list of' physicians approved by the board. a physician who is not the. applicant's personal physician, to review the test documenta>> tion and applicant's explanatory infonnalion. The physician shall providc 3 written report to the board rendering an opinion and sur.- porting rationals as to or not there is a legitimate implaca- [ion for the positive test result. board shall consider this report in making its final 3. The applicant shall cooperate in any investigation by the board or the selected physician needed to reach that: determinations. Failure to coopcratc shall be deemed a wi1h- drawal of the applicants challenge to the positive test, result. 4. The board shall immediately fonvard a written report of its findings and determination to the applicant and to the prospective employing agency. 5. The board shall approve a list of physicians qualified and acceptable to review drug analysis results. The list shall be pub- lished in the policy and procedures manual of the board and updated as required. The board may approve procedures by prospec- tivc cmploying agencies to assure applicant rights. (7) Dave assucrs: The tive cmploying agency shall ensure that only personnel necessary to the cmployment decisions have access to lost records. (it) All rccorris pcrtaining to drug iesls pursuant to sub. shall remain confidential, cxocpl that the records may be released to: I. To the board. 2. To prospective employing agency or any other prospec- tive employing agency. 3. To the applicant or appiicant's dcsignce. 4. To the prospective employing agency's dcsignec, or the board's designcc for a purpose related to or in conjunction with an applicant's challenge to a positive test result or an administrative action, court proceeding, or other in which the appli- cant challenges a denial of employment or board certification. 5. By order ofa court. The Wisconsin Administrative Code on this web site is updated on the 'lat day ofcach month, current as or' that data. See also Are tho Codes Register itugost bio. 543 on this Website Omelet? 5 LAW ENFORCEMENT STANDARDS BOARD LE5 2.02 6. As otherwise required by Iaw. ail {nccessat-y documcalation and reports under this section 10 the An applicant may provide writzen permission for any ozhcr board- ,_-cgcasc cf mcords pertaining to mg drug Cr. 1093. No. -352. an'. 11-39-93. The prospective cmpioying agency shall provide copies of" The Wiscensfn Administrative code on this web site Is updated on the 1.5: day cfeach month, cmrant as of that date. See also Are the codes on this Website Ofifcial? Aug"; 239] No. 543 Updated 20l l-?2 Wis. Slots. Published and certified under 5. 35.18. October 1, 2013. 17 Updated ll-~12 Wis. Stats. I. The individual was arrested, or the juvenile was taken into custody, under a warrant. 2. The court has mode it finding that there is probable cause that the individual committed a felony or that the juvenile com- mitted an oifcizse that would be a felony ifcomrniitcd by an adult in this state. 3. The individual fails to appear at the initial appearance or prcliminary examination or the person waivm the preliminary examination. 4. The individual fails to appear for a delinquency proceeding under ch. 938. Ch) Biological samples required under par. shall be obtained and, ifpar. (om) requires, submitted as specified in roles promul- gated by the department ofjuslice under s. 165.76 (4). (hm) 1. Unless per. (am) 1. applies to the individual, the court shall notify the agency ifpar. (am) 2., 3.. orti. applies to an individ- ual the law enforcement or tribal law enforcement agency arrested. 2. Unless par. (am) I. applies to the individual, ii', one year oiler the date the biological sample was obtained under par: the court lies not notified under mod. I. the law enforcement or tribal enforcement agency that par. (am) 2., 3., or 4. applies to the individual, the law enforcement or tribal law enforcement agency shall destroy the biological sample. I. No biological specimen obtained under par. may be subject to analysis except by the crime laboratories as provided under s. 2. Biological specimens obtained under this section may be used only as provided under s. 165.71 NOTE: Sub. (7) is created eff. by IBIS Wis. Art 20. illstory: c. 305 s. 641; 1935 a. 29; 1993 199'! n. 283: 2013 n. 165.845 Coliect crime data. shall: Collect infomiation concerning the number and nature of offenses known to have been committed in this state and such other inforrnation as may be useful in the study ofczime and the administration ofjuszice. The department ofjuslice may deter- mine sny other inforrnation to be obtained regarding crime and justice system statistics. The information shall include data requested by the federal bureau of investigation under its system of uniform crime reports for the United States. Furnish all reporiing officials with forms or inslruclions or both that specify the nature informalion required under par. the time it is to be forwarded, the method of classifying and any other mailers that facilitate collection and compilation. fc) Maintain a statistical analysis center to serve as a cleaning house ofjostice system data and information and conduct justice system research and data analysis under this section. (2) All persons in charge of law enforcement agencies and other criminal and juvenile justice system agencies shall supply the department of justice with the infonnalion described in sub. (3) on the basis of the forms or instructions or both to be sup- piied by the department under sub. I 1) The department may conduct an audit to determine the accuracy of the data and other information it receives from law enforcement agencies and other criminal ahdjuvenilejostice system agencies. History: 2953 n. no ss. :63 to no, :72, 1933, 1939. The department ofjustice 165.85 Law enforcement standards board. (1) Finn- mo roucr. The legislature finds that the administration of criminal justice is ofstalewide concern, and that law enforcement work is of vital importance to the health, safely, and welfare oftlze people of this state end is of such a nature as to require training, education. and the establishment of :1 proper profes- sional character. The public interest requires that these standards be established and that this training and education he made avail>> able to persons who seek to become law enforcement, tribal law enforcement. jail orjnvenilc detention officers,-persons who are on warren 165.85 serving as these. ollieers in a temporary or probationary capacity, and persons already in regular service. (2) Dernrmons. in this section and in s. 165.86: (ac) "Alzheimer's disease" has lire meaning given in s. 45.3? ii) (nlz) "Board" means the law enforcernent standards board. (be) "Fiscal year" has the meaning given in 3. 20.902. (bg} "Jail" means a county jail, rehabilitation facility estab- lished by s. 59.53 (8) or county house of correction under s. 303.16. - (bu) "Jail oilicer" means any person ernploycd by any political subdivision ofihe stoic for the purpose ofsupcrvising, controlling or maintaining a jail or the persons confined in ajail. "Jail officer" includes olliecrs regardless of whether they have been sworn regarding their duties or whether they serve on a basis. (hr) "Juvenile detention facility" has the meaning given in 5. 48.62 (tar). (ht) "Juvenile detention officer" means any person employed by any polilieol subdivision of lhe state or by any private entity contracting under s. 938.222 to supervise, control, or maintain a juvenile detention facility or the persons confined in a juvenile detention facility. "Juvenile detention ofiiccr" includes officers regardless they have been sworn regarding their duties or they serve on a full-time basis. . "Law cuforcernent ollicer" means any person employed by the state or any political subdivision ofthe state, for the purpose of detecting and preventing crime and enforcing laws or ordi- nanccs and who is authorized to make arrests for violations of the laws or ordinances that the person is employed to enforce. (cl) "Political subdivision" moons counties, citics, villages, towns, town sanitary districts and public inland lake protection and rehabilitation districts. "Tribal law enforcement officer" means any of the follow>> mg: 1. A person who is employed by a tribe for the purpose of detecting and preventing crime and enforcing the tribe's laws or ordinances, who is authorized by the tribe to make arrests of Indian persons for violations of the tribe's laws or ordinances, and who agrees to accept the duties oflaw enforcement officers under the laws ofihis state. 2. A conservation warden employed by the Great Lakes Indian Fish and Wildlife Commission who agrees to accept the duties of' law enforcement oflicers under the laws of' this state. (3) Poxvens. The board may: Promuigatc rules for the administration of this section including the authority to require the submission of' reports and information pertaining to the adminisu-ation of this section by law enforcement and tribal law enforcement agencies in this state. Establish minimum educational and training standards for admission to employment as a law enforcement or tribal law enforcement officer in permanent positions and in temporary, pro-~ brnioonry or part-dime status. Educational and training standards for tribal law enforcement ol'Fcors_ under this paragmph shall be identical to slandards for other law enforcement officers. to) Except as provided under sub. (3:31) certifi; persons ns being qualified under this section to be law enforcement, zribal law eufomcmeiicjaii orjnvenile detention olliccrs. Prior to being cerzified under this paragraph, a tribal law enforcement officer shall agree to accept the duties of law enforcement ofiicers under ilic laws of this state. (cm) Deccrtify law enforcement, tribal law enforcement, jail or juvenile dclention officers who terminate employment or are terminated, who violate or fill! to comply with a rule or order of the board relating to curriculum or training, who fail to pay court' payments of child or family support. maintenance, birth expenses, medical expenses, or other expenses related to the sup- port ofa child or former spouse, or who fail to comply, after appro- priate notice, with a subpoena or xvarrent issued by the department 2011-12 Wr'scons:'n Statutes updated though 2013 Wis. Act45 and all Supreme Court Grrfers entered before September 2013. Pubiisi2oo' andcortified under 5. 35.18. Changes effective after October 2013 are designated by NOTES. {Published 10-1--13) Updated 201 M2 Wis. Stats. Published and ccuincu under 5. 35.13. October 1. 2013. 155.85 DEPARTMENT our ausvrca ofclrildren and families or :1 county child support agency under S. $9.53 (5) and related to paternity or child support proceedings. The board shall establish procedures for docertifiootion in com- pliance with ch. 227, except that for failure to pay court-ordered payments ofchild or famiiy support, maintenance, birth expenses, medical expenses, or other expenses related to the support of a child or former spouse or for failure to comply, afiel- appropriate notice, with a subpoena or warrant issued by the department of children and families or a county chiid support agency under 5. 59.53 (5) and rotated to paternity or child support proceedings shall be done as provided under sub. (3m) (cl) Establish minimum curriculum requirements for propura>> tory courses and programs. and recommend minimum curriculum requirements for roccrtification and advanced courses and pro- grams, in schools operated by or for this state or any political sub>> division of the state for tho specific purpose of' training law enforcement recruits, law enforcement ofticcrs, uibai law tribal law ofliccrs, jai! officer recruits, jail ofiicors, juvenile detention officer recruits, or juve- nile dctontion oflicers in areas of knowledge and ability necessary to the attainment ofelfcotivo performance as an officcr. and mag- ing from subjects such-as first aid, patrolling, statutory authority, techniques protocols for officiai action by off-duty off'- cers. firearms. and recording custodial interrogations to subjects designed to provide a better understanding of overincreasirtg complex problems in law enforcement such as human relations, civil rights, constitutional law, and supervision, controlmnd rriaim tcnancc of a jail or juvenile detention facility. The board shall appoint a 13-member advisory curricuiurn committee consisting ofo chiefs ofpolicc and 6 sheriffs to be appointed on a geographic basis of not more than one clriefofpolicc and one sheriff from any one ofthe 3 state adrninisirativc districts together with the director of training of the Wisconsin state patrol. This committee snail advise the board in the establishment of the curriculum rcquire~ Consultant! cooperate with counties. rmrnicipaiities, agon- oies of this state, other govemmental agencies and with universi- ties, colleges, tho tcchoical college system board and other institu- tions concerning the development of law coforccmont training schools, degree programs or specialized courses ofinstruotion. Conduct and stirnutate research which is designed to improve law enforcement administration and perfonnance. (ll) Make recommendations concerning any matter within its purview. Make such evaluations as are necessary to determine if par- ticipating governmental units are complying with this Section. G) Adopt rules under ch. 227 for its internal management, con>> not and administration. [3m} DUTIES RELATING To suvvonr euroacezurarr. The board shall do at! of the following: (at) As provided in a memorandum of understanding entered into with the department and under 5. 49.857, rcfirsc certification to an individual who applies for certification under this section, refuse to art individual certified under this section or an individual certified under this section if' the individual fails to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or for>> spouse or if the individual fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of ohitdren and families or a county child support agency under 5. 59.53 (5) and rotated to paternity or child support proceedings. 1. Request that an individual provide the board with his or social security number he or she applies for certification or reccrtificalion under this section. Except as provided in subd. 2., if an individual who is requested by the board to provide his or her social security number under this paragraph docs not comply with the board's request, the board shall deny the individual *5 application for codification or reccrtilicalion. The board may dis~ Updated 11-:2 Wis. Stats. 18 close a social security number provided by an individual under this pa:-agrapll only to the department of children and families as provided in a mcmoraurium of understanding entered into with the department of children and families under 5. 49.857. 32. As a condition of applying for certification or rccertifir:a- tiori, an individual who does not have a social security number shall submit a statement made or subscribed under oath or rrfiirrna-- tion to the board that he or she does not have a social security num- bar. The form of the statement shall be prescribed by the depart- ment of chiidren and families. A certification or rccertification issued in reliance on a false statement submitted under this subdi- vision is invuiid. (4). REQUIRED sinuunaos. The following iaxv enforcement and tribal law enforcement officers are not required to meet any requirement ofpars. (la) l. and as a condition of tenure or con- employment. The failure of any such law enforcement or tribal law enforcement officer to fulfill those requirements does normal-re that officer ineligible for any promotional examination for xvhieh he or she is otherwise eligible. Those law enforcement and tribal law enforcement officers may voluntarily participate in this program. ;3 t. Law cnfomemcnt and tribal law enforcement ofiicers serv- irrgjunder permanent appointment prior to January 1. i9?4. 2. Law enforcement and tribal law enforcement officers who are elector! by popular vote. (on) Except as provided in para. (am and far}, jail officers are requirerl to meet the ofpaxs. (ta) 3.. (tm) 2. and as a condition of tenure or continued ernployment rcgardicss oftlro date of their appointment. (ap) Jail officers serving under permanent appointment prior to July 2, 1983, are not requiozd to meet any rcquirernent ofpars. (la) and as a condition of tenure or continued employment as citiicr ajail officer or ujuvenile detention officer. The failure of any. such officer to those requirements does not make that ofticer ineligible for any promotional examination for whiclr he or site is otherwise eligible. Any such officer may voluntarily partic- ipate in programs to Fulfill those requirements. (ar) 1. Ajaii officer permanently appointed after July I, 1983, ancliprior to July 1, 1988, including an officer who after July 1, F983, and prior to July 1. 1938. completed a program of at least 80 lrcurs of training that met tho requirements ofs. 165.85 (12) 2.. 1985 stats., shall meet the under par. 2. by June 30, 1993. 2. Ajuil has completed at least 80 hours ofprepar- atory training which met the requirements ofs. 165.85 (4) {ti} 2., I985 stats., may meet the requirements of subd. 1. by completing a program of training approved by the board. The program shall devote at least 16 hours to of supervision ofspecial needs inmates, including inmates who may be emotionally distressed, mentally ill, suicidal, developmentally disabled or alcohoi or drug abusers. (at} Any person certified as njail ofticcr on July 1, 1994, is cor>> tified as a juvenile detention officer and remains certified as a juvenile detention ofiicer subject to annual reccrtification require.>> under par. (bu) 3. and the board's desertification authority. under sub. (3) (in) 1. No person may be appointed as a law enforcement or tribal law enforcement officer, except on a temporary or proba- tionary" basis, unless the person has satisfactorily cornpiolcd a pre- paratory program of law enforcement training approved by the board and has been certified by the board as being qualified to be a lavv enforcement or tribal law cnforcemorrt. officer. The program shali include 400 hours of training. except the program for law enforcement officers who serve as rangers for the department of natural rcsotrrnes includes 240 hours of training. The board shail promulgate a rule under ch. 227 providing a specific curriculum for a_ conventional program and a 240-hour ranger pro->> grain. The period of temporary or probationary employment established at the time of initial employment shalt not be extended 2911-12 Wisconsin Statutes updated though 2013 Wis. Act 45 and air' Supreme Court Orrfers entered before September 27, 2313. Published and ceriffed undars. 35.18. Changes effective after October 1, 2013 are designated by NOTES. (Published 10-1-13) Updated 20! l-12 Wis. Stats. Published and certified under s. 35.l8. October 1, 2013. 19 Updated ll-!2 Wis. Stats. by more than one year for on ollicor looking the {mining qualifica- tions required by the board. The total period during which a per- son may serve as a law enforcement and tribal law enforcement officer on a temporary or probationary basis without completing a preparatory program of law enforcement training approved by the board shall not exceed 2 years, except that the board shall por- tnit part--~time law enforcement and tribal law enforcement oil?- cers to serve on a. temporary or probationary basis without com- pleting a program of law enforcement training approved by the board to :1 period not exceeding 3 years. For purposes of this sec- tion, a part-limo law enforcement or tribal law enforcement oili- ocr is a law enforcement or tribal law enforcement ollicer who routinely works not more than ono~half the normal annual work hours of a folletimc employee ofthe employing agency or unit of government. Law enforcement training progams including municipal, county and state programs meeting standards of the board are acceptable as meeting these training requirements. ld. Any training program developed under subd. 1. shall include all of the following: a. An adequate amount of training to enable the person being trained to deal effectively with domestic abuse incidents, inolud- - ing training, that addresses the emotional and that domestic abuse has on victims. b. Training on emergency detention standards and procedures under 3. 3 i . 1 5, emergency protective placement standards and procedures under s. 55. I35, and information on mental health and developmental disabilities agencies and other resources that may be available to assist the officer in interpreting the emergency detention and emergency protective placement standards, making emergency detections and emergency protective placements, and locating appropriate facilities for the emergency and emergency protective placements of persons. c. At least one hour of instruction on recognizing the symp- toms of' Alzheimer's disease or other related and inter->> acting with and assisting persons who have Alzheimer's disease or other related dornentins. d. Training on police pursuit standards, guidelines, and driv>> ing techniques established under per. (cm) 2. ll. - o. Training on responding to an act of terrorism, as defined in" 9. 256.15 (I 3 leg). 2. No person may be appointed as ajail officer, except on :1 temporary or probationary basis, unless the person has satisfacto- rily completed a preparatory program of jail officer training approved by the board and has been certified by the board as being qualified to be a jail officer. The program sirali include at least 120 hours of training. The training program shall devote at least l6 hours to methods ofsupcrvision of special needs inmates, includ- ing inmates who may be emotionally distressed, mentally ill. sui<< cidal, developmentally disabled or alcohol or drug abusers. The period of temporary or probationary employment established at the time of initial employment shall not be extended by more than one year for an oliiccr lacking tlso training qualifications required by the board. Jail ofliccr training programs including municipal, county and state programs meeting standards oftlze board shall be acceptable as meeting these training 3. No person may be appointed as a juvenile detention officer, except on a teznpomry or probationary basis, unless the person has sntis fectorily completed :1 preparatory program ofjuvcnitc deten~ lion ofliccr training approved by the board and has been certified by the board as being qualified to he a juvenile detention ofilccr. The program shall include at least [20 hours oftrnining. The train>> . ing program shall devote at least 16 hours to methods ol'sopcrvi- sion ofspocial needs inmates, including inmates who may be emo- tionally distressed, mentally ill, suicidal, developmentally disabled, or alcohol or drug abusers. The period of temporary or probationary employment established at the time of' initial employment shall not be extended by more than one your for an otiiccr lacking the training qualifications required by the board. Juvenile detention ofliccr training programs including municipal, DEPARVMENT OF JUSTIGE 165.85 county, and state programs meeting standards of the board shall be acceptable as meeting these training requirements. (bra) I. 'No person other than an officer elected by popular vote may continue as a law enforcement or tribal law enforcement oili- ccr, except on :1 temporary or probationary basis, unless that per>> son completes annual recertification training. Any officer elected by popular vote who is also a certified officer must complete annual rccertification training to maintain certification. Any oil'- cor who is subject to this subdivision shall complete at least 24 hours each fiscal year beginning in the fiscal year following the fiscal year in which he or she complies with nor. 1. 2m. Each otiicer who is subject to subd. I. shall bicnnially complete at least 4 hours of training from curricula based upon model standards promulgated by the board under par. {cm) 2. b. Hours of training completed under this subdivision shall count toward the hours of training required under subd. 1. . . 2. No person may continue as a jail officer, except on a tempo- rary or probationary basis. unless that person completes annual recerlificttlion training. The ofliccr shall complete at least 24 hours each fiscal year beginning in the later of the following: a. Fiscal year 1990-91. b. Tito fiscal year following the fiscal year in which be or she complies with par. 2. 3. No person may continue as a juvenile detention oflicer, except on a temporary or probationary basis, that person completes annual roccrlifiontion training. The officer shall com- plete at least 24 hours each fiscal year beginning in the later of the "fol lowing: Fiscal year 199}-94. b. The fiscal year following the fiscal year in which he or she complies with par. 3. in addition to the requirements of pars. (la) and the board may, by rule, fix such other minimum qualifications for the employment of law enforcement, tribal law enforcement, jail or juvenile detention officers as relate to the competence and reli- ability to assume and discharge the responsibilities of law enforcement, tribal law enforcement, jail orjuvcnile detention officers, and the board shall prescribe the means for presenting evidence of fulfillment of those requirements. (cm) I. in this paragraph, "police pursuit" has the meaning given in s. 35.0? (8) (3). 2. The board shall promulgate rules that do all of' the follow- mg: Establish model standards that could be used by any law enforcement agency to determine to initiate or continue "police pursuit, to establish police pursuit driving techniques employed by that agency and to inform its officers of its written guidelines provided under 5. 3-15.03 lb). The board shall review and, ifcensidered appropriate by the board, revise the model stan- dards established under this snbd. 2. a. not later than June 30 of each cverr-numbered year thereafter. The rules promulgated under this subd. 2. are advisory only, are not required to be - included as a law enforcement training standard under this subsec- tion and are inadmissible as evidence, except to show compliance with this subd. 2. a. b. Establish the preparatory program and annual lion training required under pars. lb} 1. and (Ian) lm., respectively, relating to police pursuit standards, guidelines and driving techniques. Except as provided under sub. (3m) (3). the board shall issue a certificate evidencing satisfaction of the requirements of pars. (int) and to any applicant who presents evidence, as is required by its rules, of satisfactory completion of require- merits equivalent in content and quality to those fixed by the board under the board's authority as set out in pars. (bn) and {din} The board may provide, by rule, that parts oftlrojail oil'- preparatory training and thcjuvcniie detention olliccr prepare>> 201 Wisconsin Statutes updated though 2013 Wis. Act 45 and all Supreme court Orders entered before September 27, 2013. Published and certified urrders. 35.18. Changes effective after October 4, 2013 are designated by NOTES. (Published '10"-1-13) Updated 201 l~l2 Wis. Stats. Fublishcd and certified under 5. 35.18. October I, 20l3. 165.85 DEPARTMENT OF JUSTIGE - tory training are identical and count toward cillicr training require- ment. This section does not preclude any law enforcement or tribal law enforcement agency or sheriff liom setting recruit train- ing and employment standards which are higher than the mini- mum standards set by the board. (0 Except as provided under sub. (3:13) and in addition to certification procedures under pars. (3) to the board may cer- tify any person as being a tribal law enforcement oliicer on the basis ofthe pcrsorfs completion of the training requirements for law enforcement officer certification prior to May 6, I994. The officer must also meet the agreement requirements under sub. (3) prior to certification as a tribal law enforcement ofiicer. (cm) Tnaznmc roe The board shall establish a separate training program for those constables who are not required to complete training under sub. (4). Except as provided in s. 60.2.7. (4), a constable may voluntarily participate in the pro- gram under this subsection. Expenses incurred for this program are subject to reimbursement under sub. (5). (5) Scnoors AND PROGRAMS: (3) The board may authorize and approve law enforcement, jail or juvenile detention oflicer training programs conducted by an agency of a political subdivision or an agency of the state when their progams meet the standards required by the board. No authority granted in this pars- grapll extends to the board selecting a site for a state police, jail or juvcoile detention oflicer academy and expending funds thereon without further legislation. . Cb) The board shall authorize the reimbursement to each politi- cal subdivision cl' approved expenses incurred by officers who satisfactorily complete training at schools certified by the board. Reimbursement of these expenses for law enforcement officer, jail officer and juvenile detention ofiiccr preparatory training shall be for approved tuition, living, and travel expenses for the first 480 hours of law enforcement preparatory training and for the first 120 hours ofjail or juvenile detention officer preparatory training. Reimbursement of approved expenses for completion of annual reccnificalion training under sub. (4) (he) shall include at least 5160 per officer thercaficr. Funds may also be distributed for attendance at other training programs and courses or for training services on a priority basis to be decided by the department ofjos-- lice. The board may provide grants as a reimbursement for colon! expenses incurred by state agencies or political subdivi- sions for providing training programs to oflieers from other juris- dictions within the slate. (cl) Any state agency which receives reimbursement for salary and fiingo benefit costs under this subsection shall treat the reim- bursement as revenue and deposit any such reimbursement in the appropriate program revenue nceount or segregated food. If there is no such appropriate account or fund, the reimbursement shall be deposited as general purpose revenue corned. Notwithstanding sub. (5), in each fisceiycar, the depart- ment ofjuslicc shall determine the amount of additional costs, including but not limited to tuition, lodging, travel, meals, salaries and fringe benefits. to each political subdivision as a result of the enactment of 2993 Wisconsin Act 460. In each fiscal year, the deparrnient shall pay each political subdivision the amount deter- mined under this subsection for that political subdivision from the appropriation under s. 20.455 (2) subject to the limitations under S. 20.455 (2) FINANCES. The board may accept for any of its purposes and functions under this section any and all donations, both real and personal, and grants of money from any governmental unit or public agency, or from any institution or person, and may receive and utilize the same. Any arrangements pursuant to this subsec- tion shall be detailed in any report of the board submitted under Updated Wis. Stats. 20 s. l5.fl? (6), which shall include the identity of the donor, the nature of the transaction, and the conditions, if any. History: 1973 c. 90, 333; l9't'.'i c. 94 5.9! 193'? c. 29, 4l8: l9':'9 c. Ill; 20: 39% W85 26133987 I989 3l.?.9l; I991 1993 a. 16, 233, 399, 497. -160. -I83. -19! 1995 o. 301. 225. 3&9: 199? .1. 17. 88. till: I909 2.. 9: .1. I6. H19: 3305 n. 60. 35-8, 344. ?lI4;2007 29. 27. 97, 2009 o.-23. 20! 29. NOTE: 1993 . Act 487. which ore.-ltu subs. (2) and and amends subs. not! contains extensive explanatory notes. Cfiross-reference: See also ch. {.55 . Wis. com. code. A role adopted under this section properly boned a felon from l:ol_fiEofi nmfinncoo mg E3 cozom.fim>? m? .co.?EEoo momma nae <oa_ mg. am .. mmandmw commoa Eflxm me: .., mm>wmmEm? wonucoo an .65 &mmEmE wcmfitoamn .mm?ocma mcfimm Eco mm:_U> .900 50 Emmacoo mm. 336 mat ncu mcofiomu _Mm? .Em? can wfivmoofi 5 0: E5 wags: om Q0 "ova mcomozfi Eoacoo emaEmE awn? .>=maofi Efitma 9. ma." e.wnEmE awn? comocmocm Bcoema .09. wmnoxm an we umm: 5c 30:38 an "cacao commfimfi .nmmE~_ ..m>m.soc am .2_xm_QEoo Many Eoccoo 0., $mfiEmE >9 coamfimfi Mo mm: me" use 9.__2_oa Emacs" ms." mmucmoomh Ewfiucama mouom ma. wmunu so .6 @9200 my: 5 mg 9 mo.E mcocosmm mucosa ,6 muwoncom 50 mumnm mmhanmuoa nan .30 to nan. ca 550. mocofi ?nmq vac Bnncoo So 3% mwfio?a mcfinm use $00 .50 .co_m> Bra msmfiuo 33 m.mnEmE .E.wEtaamn mo ma Boa mmnnommv Emfifiom commaec 30 .m>mEoc 0., Emfituamn woman. 0 8 ma. mmnzummv Emfiflfim .50 ho mgoncoa mp: nu? Emfiwcou momma. gfifima van Esucou #0 mngoucckm mmagmumm @000 Ufiucfim Una wmflocfi use mm?o> Q00 .EwEm,?m 30 .6 Bmm_un_Eou Ezucoo .6 mean. 0 >nm.mx Emfiuuamo mozom mmxnuz<9qac 9: fiwoxw Eons: cm .5 :0 $53 mmQw>@n ES asuco M033 mcmouwxofi E0 .6 mmnzosa .mEnmcoo flog>> _mn_EmE Emfimuamu oz .34. .3390 mocommnm 5 man comnaommku an ammoafia ..9 man 0 mean 6:003 magnum .6 Emma 0 8 um__oaEm mm 6: use Emu gamhwagfigsme dcmonfizm .5 mfin ma? .8 +500 9 roam: 20% amo,EmE E.wEtoQm.o . .mBm.Ema3m k_m? mfiz me: ban tonmh 30% mmnfimfi Emc?oawv .3. mm.2wmEm? Bsvcoo mos>> vac mcE"n& use mmfinwoofi gcwfieaamv BEES on mama w.mmE.mE Emfiuoamv 57 mo; .39 may ?3 >5 .=mmcoam@ new mfimcw 9 8 cm 5555 use _o_tUaE_ ?03905 .3805 c. um.Bqm.._Q ma arena" 0:0 umzonncoo mg 3% mco_Em_mm>? .5 mmcouo Qnmmon 5 5300 an .0 cohofimnm mfiucamomh com: Ummun mm a mogom 32 gcmceunwv ms." ho mfi EMHQEOUGU 0.. mag, "Mac," was =95 emfifimfi .mo_2.mm .8 mom. 9. 5: case, ._?cm_oEm vac . .. .?aEofi arm 9 momamm. mama m_maE_mE EmEtoQm_u 5.. mg m?ecm Ugo mm?mmfimfi womwofi Sacco on; mmofi 6% cans . we Ewan mfi .w>>oEEm Ewuom ofiza mfimcm 2 mcwuao vac mmficmmo 5&0 .50 ma. . um. .. _?_mcom?EEoo muuom uco QE En?m 9: 2. Bmaao Emu cc ?3 fimmficomwo mg 20% 5n_EmE was ..EmEuoumn .9: 0" wo__amm umng?oe 5.. zoyucuwam "cc 3 MESH Mo wuccE_o:ma 5 Bmbcoo w.._mnEmE amxnv .55 .6 wocafi ms" nu nmo Bnvcou $5 no 090205 mm mun>> momma kucorfimoa .35 emnEwE >?nEwxm can Ewuafl Evfifimxm 9n. mu>> gosncoo .30 .6 mnzuncufi $5 van. mocngotma .30 23333 9.3 how 9.6 $3 .3230"? was >Eo?m6 we xomnna ma". ,6 mnfiawu Emvmfi mam mozmsmafiev .. mmnan. fimwnn 390% nan. 6829 3 232 9: mfiuaoma 2, mEEoo Qao mcmgafizm mo muoofioofimfimc ?6,588 van flamho 5.: ma. mfi afiewctua . 293% .mP_nnc.um nco ?5 Emfitcamfi woman a 3 um.6m..o._a gum>> vac 9.3 can :0 mums; 4 _u anfia mumuuwfi?mmfanad oxaawm 4 o. nu . . . h. A mac" .6 mwucacfiao Mo cozo?> no so hmfimgs .950" fimnmk vac 90.5 was 809 .>>wno mafia $389.: wcm?oamo . mad .39 go mmwuoa man Evan nmnamfi m_ Eon; 5% $05 Emoxm cm .0 2.90 Exam 0% mcEoo.Em .6: ._o:cmbm:oo mm Ewfitoamb ms" we 5550 ms" mocm amnEm.E Emfitoamm . .8 on 2 new $35. m_ awn; zco macaw ?wasm mac fiofimm fimuc emaoa maomwxm emQ.EmE women .Eo~_cmoo m_ .5 manna EEO :05: _om_E& ho he mocafifitma was cw 90 Eva meow ?moommo Q0 mcamamoxm ma>> .>Emm? 5 zanmumhu m._mnEmE .6 ES Qfina m? m:mE.mvc: 030% com Q0030 men 85 mos>> .Em.EEm>om .6 aofiumpo mg" mfiogfio ass 5 .5 nmmomcm ma he mcficofi who 305 320% .5 .505 .m>mm_mn xfiocomoma Enema 5 mcoama cm; mcoaofiommo mnoncncoo .0 Eons 29% emarcmfi 352.09 .5 &mnn_QaE_ we moccfimaac 9: E090 0.303 85 .5 _EmEnuawU $5 mean Emnofi mm U500 Eumhomu .65 rumaxm caama mfiocomom. BE >02. 0 zunm mfiamn 8: mmnEwE EmEnunm_u 55% to 8. co Efim?s .50 mocmuucou mfi vac mufimcm eunm _o_>onmn 50 S6 fimmw new 9.95 mm ammo; . Eu $5 acumen man 355 Em>> ?mcou camera En: 35ficwfimfi who mwmsafizh van Emmcom fiat umnsa _Eto3 ?05059 ncoymn who 35 cm mozmhomxu mmohmxw nan. whoa. mcmoa ho mfi mmfimoom. mm>> Eamfi .. mad . .comQo.S mfi hmnEmE me. a 8 mean>> ms." nmfima an .508 0+ Soon mm 5 fiancee muoo 9: ho co_.6_ow> 0 mcwamwcm 2 .Umn.,cn? a mm 2 team. mfi fizucoo muou may he 0 mcwuoawh 6., fimtoaazm use Eugen 8 .3 an 8 Ba 33 m_mnEw_2 .5000 $5 N: meow team vac Banana .6 980 ms: .5 co_B_Q> E0 Emiwfi. .mfiMm8a hm fine mmoaao 30% amnEm_a <?mmU .mmoEo.o .moQmU 3: Emrccoamo U333 vac Bcoewm zm? ho mg -Ufi:mm.6m use couficoo ms; 5% mfiwm .coamm_ mfi awn_EmE Ewrreoamu .wan. flwu mwu zififi .2..- mmwcu. . co_?omn_xm .. . .5 mmcocoxm 5 6: 6: 3 3 BE nmn_>9a scum u__ocoo_c-coc 5 no.3 Mo mE_._oEo mmaaohu 2 29. ca: Emfimcoucq Ba seam Ema: Q0. gwfiugmn rs nmzofimn ca 5 hmmaacm mm ma" Ems: .6 co: .aEm.mn_Um" 0 can 59 _mm?mou .5 you" 0 ago 5: mmBamcoEmn .3 on Q. Ecztoaao co 2 mgwfi cmzz. .E:Ucoom_E 5 Ew>m? 0% mcmawfi m5__Q mocoemm n3. nm8mE? fig Mo ace 9: wage: was VE9 cc new 2m_om Eu m_ aEamnom.~ ma? xocmmofim new .59: pomummg mm_nonE.m.E? .wEEoxm :5 vac 50.5 mi 0 coamc. 3 new .omo.cm? no m?co_fimao ?3595 0 9 Aqua 8: on m.a_BS.a. Eonafiu as. $.62 ..EwEm..o.a _u_oEo E0 208 5 cam ma" .8 Qcmmafi amcmaocx 2% hmnEmE oz 336:" 6 comma 30 _cc_c.eo .50 9 mgcwotma Ugo 9.09 =5 9 Baum? $05000 uco amass ?m_aEoo ma. 9 Umgaum. $0 amn?mca use BEE mg ?wum. Eoc nmngomfi 5: $5 awn .Em3._ .muEo ho mucmuvmmcoo 0 mo co_..Qm.U_.Eoo Eomam .6 coo" am." .50 .>mcoE 0 983.05 .mn_u> .5 5 Mw?w .mu=ow B: Emcee E: uoam ?m.n_EmE .Ew_u_oo_u .5 wc?o 5 ho Emu? E0 5% EU EmE>oaEm 3 n?oEUR_mEo_omn .60 comumccou . . . .. . .. xmr: co .wcO.mEom . . .. .. . 2 6 won on; menace E905 van t0 9 3 cm 0265033 omfimqw 0 UcmEEoo.w_ . . . A comofiamh ma>> how =0 95 wk can mmsmammoo So *0 <> .. cm .5 ago .228 .95 we mean 2mnEmE EmEuon_m_c ME 9 an ma: ,5 mafia fig. socmuo? go mfi ho mmvoucnon m5 mucmnamh mg neon van. .9280 CEEGE van. zgnomw nmfiam. can fiamvmg mcmukommh mcofigoha E55 wmgaoamz so .5 venom $5 emnEmE Emc?oamu an 34" Sc norm 9mnEm? sucwmo 5 comma EU .5 mmfimnm .6 Emma Bcomwa mr: mgmumfi women" 9: cm .5 conmoa .0650 55 mm: Em mag" awnE.mE .EmEuaQmm and ._0o:oQa mo zoom mo Moaamaam w..mnEm.E ms," 0% Brag? ma co_.6_E5.m E0 3 mm 3 88 fig anEmE ME nan. 599 mg" .._mQo GE. . mmcuco B: mmov E. Mm .590 mfi Hmn_EmE m5 .6 may .2 E9205 mm mnfim 590 mcuoacou amza mcma_om_u 2 Emcc wax.>> . ..9_nam_ .0 use B_>onmn Eovcfifizm . gas. _mcmE no .om_.amo5m 0% nmucamn 6950 ?_n__mcoQmwh gosugmn . . . .. .. an 98% 5.99 33522 5 aaoafi agaewxm 9 cofimfio .. . . >5 gag 659; Mo mafia >5 co 9% aom?masm .. . . .. .. 5 Emfifimn 5% mcmaccfim Eva "stem. 6 58.5 Eu mosba .6 cc?>o? mg @205 .. . . 5 mcoesfi ._m22m?o 5 390 aasgq =o%_aBEm? 2__mmE_ .98 9&3 ho". 8 nmxo>5.mn . . . mad mmfimm >55 oz . .mw.?u E0 mcm?uo :33 mag: aomEmaw._w . . .0 Ewfiomz mc.fic_mm_u nan mocogmfioh __o..Eoo..mwm .55 5:5 8 vmmosoocw . . . .5 905353 .629 5 Qscofl 9 ?5.53 gnaw amnfimfi vac awash awn" m.ocuE5uma . . . comma mac Bwfinm E: gosm m_mnEm..? . <wEoo an .2 m?omfio mcowoo .6 magmas. Emmomg no mco.?.n_ $033595 m? mfimcm firm eomamaam EmEmo_oEm arm was mfia nm:_o> ma mucmmca mos. mam. . . 9.. . 99% menu emmEmE mo__oL ms: 89., EmEu.n.,nmo. 9. mc_?2038 w_.EmEcoam_o 3man. aoeawanm . .5 man. .30 Ehotma an ?umuou fisu .55 So on swam $05 Etanfim nan mm" 90 van gumammu 360 mfimceammh who E22 :3 . -:oEmn .m.monmnn_ women Enofi . nan ?3 ma: Er: mkamcm menu wow . . 5 Euamomc >Eo?:a use an tomb. ma, .n._um9 ?cmamm .mo$_mm mafia mfiomum can van woke." E3833. man 33 Emamfi Q: ma Eon _oEoo_E_ .Bco_mm&ofi mcmm?mm mwuocm $9 an gnaw aogamanm Eufimm .. 36 .. gm 2: .. 0.0000 EQE +05 003000 .60 mc_c_E?00 c_ 5002 Eooficmm >000 >65 >rs:00.0 00050000 0.. 0.000 05. 005000000 00%: 00 30.00 mun. 000 E03000 00.3.00 00 05:0 E05000 0 000 00300 _0c0.?00ac0c ~0>z0>0c? :0 00:00 00 008000 0m0EmE 0 0 Em .m00E0_000 _0c0z0mac0U 0.00000 05 002000000 93.; 005300000000 mm 50 >000 0.0 00:00 00>> mm m0__0.a_ 05000 000005 fin .. .00 _0_0_0t00._0_cm mEmE0c0m.0.?mc0@ ?05800 0&0 0000003 00>m_s0x .0900; 0.00000 mg" 2 0058.00 200 000000 0 :0 3 .0000? 0000000 000 02000 0002.500 2 00 005 0.0 0E: 2 08$ .,0m_0E_ 000000 .3 mo; 0:0 000.. 00000300800 00 :0=0cmE?00 0E 3 00200000000 905 0020 00 dononzm 0% 5 00.0% 0:000 00000.0 05 00 mcwocofiwucz c0 00000000800 000 000030 00:00 0005500. 0 $380000 00 00:0 :0 0. 05000000 00 0 300.0? 00.: 0000008 4 fi0_0Em 0.00.000 05 00:00 003 000805 00.: 00: .0 .0500; 00 $5 5.09.00 m.0m0E0E 0 mcEE0x0 000000 0:0 .0300 m? mama 9 mfixm #:0500000 mfi ?0m0.a_m0E mmnafifim 00=0_0m5 .E0_0_0c_ 000000 ?000 200.. 0:0 2000000000 55 000000000000 05 mcmfiamn 0005 00 0.: 0000 20.90 ?0_>m0 _a0?0_0m_0 .30 c_ 00.60." 0.003000 =0 00 0300000000 300.00 05 0500000 .0200>> .5 0000 0000000 00000000 0 000300000 00 2.5 mcoxowomaxm 0000520000 . 0% ?3 000000 c_ 000 2 0053000000 0030000000800 _0 co.:00m000 0000 0.00600 0.06% 060000000000 .9 000000 90 E5 050:0 00 000.0 5 .mc_0c0.0_m0c: 00* 0.00000 BE >02, 0 ca mp: 005000 233 800000 mg, 00 00305000 .65 mmoccfitmuhmo 00% 0500000000 00.00050 mm m8E._0m 620000 QDU 0000000: 00.. QQDEDOUOG 200000 000.00% 0000.05 mo 00.000 0 >009, .0300 000008 :00 0:0 E03800 0 0" 008080 00 008 00000 .a0c=0_0m0 ._000h0E_ 00. 00 00:00 0000000 00050000000 0.6000500 00:2. 000000000 00 2 0000 Bra E03000 .000 00 E05002. .5 0000 0* 00503000 050; >000 .005 00000063000 cwuo 0.0 0.05 000.0 mc0m00000x0 08$ 000E 00 00200 00% 8000000800 05 000E 00 00:00:00 00200 00 mos E08 0.0000 .9: mm 0.. 900000 00 00000 00 8000,5005 an $08 00. 00:09.00 00 00: 000800000 05 000808 05 000 000800000 wcfiomnna 05:00 00:00 m00:0000mc00 0000000 03: 00:0 088 0000.000: 000 0. 0., 000508 05 000 0:0 000 &E0t00.00 00 ammo E05003 3 00:0 0000 03.0 .m0?00c00w0_ 005 B0 0:300 00.5.00. 0E: E00 0000 =0E0Em0a E2, . . . BE 00000000: 000 000000000 0 2 .0000 05 5 00%: -0000 0000 0.6: 005 00000000 000 >0 00030 00 000 0:00 .5000 0007006 #:0800000 500m. 000 0305000 300600000 05 330505 000 $0050 00__00 00 0300 00503000 .65 00520000 00 0030000 00 Emma 0 00% 0005.0 0 0 0000000 00 0000 050 00 0000005 00020 .00 30005 000000 300000000 05:: 000000000 00 as E9, 00.600 mm__0:m0_ 5000000 05 000050 .. .. ._..uflw.Rwfi 3 n.u.u.Pu.. . 9&03-2' ._o.sUzmo. EEO new mcmmao ha @390 fimfi nmmomcw 90: Q, coomfi mnoumm 0 030 mm 5523: mm oh team an 5 mcmmumcm A8 ..comcmE_ w_ ._mnEmE men 85 Ema Emnfioamu m? Eon mmfimommv meow MmnEmE .?aS..Ea E3 a mac 2 ow znofiv 8E.gmEom mm a B5 um>m?og fimmc .moo? 2 ma. mmofio mafia 65 99.509 >_M__n_mcoamm. momou .9: .6 mfific mfi .comm?o5 woman arm 5 ewn_EmE c_ Uwoofi man 9.: no mmnoomfi mzoumm zmuuwm $25 use wcmmao mmsno _ooE.cu away Quaug mafia m? 3 mg, Emfimuoog zm?cm man 85 cfiemo 90 Qm?. _oaQEEc_ $83 9: $9.5 Ecomcmfics cor: Eamum >50 can Q08 nflomn we 33 aoum _oc9Em.? .z_c_mcw(R) finnaoo wvoo ma: .5 mmfivmoofi 5 nmfifiumm .39 ?3 228 cm 8 9 E305 we Emofi .3 $505 mm BE mmxaE mm>oEEm :0 E5 cofiomn .5 comes an m. ficozcmfi c< . fiama aocm mafia ma. magnum EOE mfiomcoo QOE mp 53 mmucmnammcoo mfi Sn $0.5 mama: .9 Ems ma. amnfimfi EmEmoumn_ _cE_c_E c_ 23$ Bra 950 5 Emfimnnm 839 &.o.EmEoE mmofi mmgog age 296 ?mfiou m?E.ofiQo.moE ms" vac ?3 mu:Q_aEoc coaogofi mfi comm nmwon En .905 mm 0+ 50 cofiomn 5 comes cc 3 .96 _u:owcwE_c: Cd. ._oco_EmEcn _acomEw? mo Umgmmomu we can $05 "mhotm _6co_.Em.EE: fiza .Eo.aocam macaw" 99: Bmaxm >05 mucmumaxm ESOEU Eco ?cmm 35 on; .30 no vmaomuxm .49 an ms Bum Ememua 0 mmv_oE 0 .>_mam>co0 6538 .90 mfiaw awn? Eomhm mm ?2 c:mE:m_mma ._U__mrcOE: so 2.. hmnfimcc nmucmumaxw co 6. .mn_EmE amc aw>:o? 50:00." mcfiomfi 0 m_ ems Emc?oamo mucmuwuxm Mo 3 Ba =3 Bzncoo wctofi .890 0 .8: on mmucwadmmcoo 9: .EmEtan_mu ma>> moamnmcou ofina w? Ewan E309 wuzncoo cm mwmumcw 02.5 mm>o_aEw 5.. .mucmE.Eou 253 no 52% mp: we ?uaE._ mfi mm um.5momE as com EB: sofa. c_ >02. .m?oc< .mo? mm: cc 3 mmucmnawmcoo m? we scam 3300 Sam. m? >53 Bcoemn ma" we Umfimomfi mp 020 900 E62 ?moo zoama m? .6 59 cm Umsfioxm mm Qnoo m_uEm> 0 2 Eoom_c.w._m mwmnuu Sam :0 .m.fiEoxm Em nan. Emfimuawn ms" 0% $00 >?mcoE mfi Mo mcemw c_ D93 .59: mm coo gag. 3 cm nm58mE mm :00 E5: gonncou 0 .5 mcfiomu 5 Bmoau Eotnafi mwamn .. .. . .. . . ft . . .3 . flu" nu . rlaaur :..4.xfzw? .. . . 9 . 3. . . . . 3. . . .. n. .980 arm 8 mnwoucam mg: mg" mcE_n.E_aE MOM >m_?mcoQm? hmmr: Emuuo .mpEm.E Emfifioamu imam use zoom ?c:EEou 9 E.wEucmmn ma." mowawm Mo 5936 m? vco coanu.>> Unofi 50 EO.E.5E 0.. down; 25 mcomonfiomho women. Ewan mfi mcorcu mm 4: use 2.52.; ?58800 mfi mcfimm .3 cognac umfifiumima Emfitouma momom mmxaozafi 60:00 .&ocm_n_mo2n .60 m? c. swam mg 5.5 use may 9 comoofimn new ?03 Qoomu mun mmona. ._mflEmE an m_oE Amam .. mfiommn otogoamn mmzto . . . . . wztomaxw coo norm .. . .. .. znmfimama 8ctmo_Em.E . 4 acomnzomaxm m.EmEcoamn m? ."_wmE oh mama>> 0 Mo may 5 aomohmumcoo OE cmfix mm 53 0.609 Ema 0 xenon use .59 .5 bmaozo Emwm ma," "Ecumm $3 m.3>oEEm . unsung-can-cu-n-vwnno-u -or WLWAUKEE oeenarmenr STANDARD OPERATING PROCEDURE 040 -- LIMITED DUTY STATUS GENERAL oases: issues: sseecrive: ACTION: cacao umE The objective of the Milwaukee Police Departments fl program is to provide officers incapable of unrestricted duty an opportunity to continue making a positive to Department operations, thereby enabling the Department to better manage its human resources. The Department recognizes that some officers due to illness, injury, pregnancy, or other health related problems may be either temporarily or permanently rendered incapable of performing the full spectrum of law enforcement activities- in such instances, these otficers shall be placed on limited duty status and transferred to limited duty assignments. Administrative and support positions (in such areas as the Communications, identification, and Central Records Divisions, etc.) will be designated as limited duty assignments. Assignments in these areas place reduced physical demands upon the incumbent and are isolated from the hazards normally associated with police work. in some cases, these positions have been staffed by officers capable of unrestricted duty. The placement of limited duty officers in these positions, in lieu of fullduty otiicers, represents a better of human resources and aids the Departments eifore to provide the best possible police service to the community. A major consideration of the limited duty program is the ofiicefis welfare. Hence, all limited duty assignments will be structured to be consistent with the offioefs medical restrictions. RESPONSE PROTOCOL FOR OFFICERS IN A UMITED DUTY STATUS Members of the police force on 1imil;ed_dut;t status are not expected to exhibit full capability. Police ofiicers on limited duty status are expected to respond to a situation requiring police action with a response consistent with their medical limitations. A minirnalty appropriate response would include surveillance, summoning of other officers, and completion of necessary reports. -1-: