Deviation from Officer Standards/Misconduct
Just as the people they serve, officers must enforce the law without committing crimes or performing misactions. To identify missteps, compare officer actions to department protocols, the code of ethics, standards of conduct, legal requirements of state statutes, the bill of rights and constitutions they’ve sworn to uphold by oath of office.
Internal Accountability within Departments of Law Enforcers
Wisconsin departments are legislatively required to incorporate a grievance system enabling citizens to confront law enforcers for wrongdoing. Contestable actions of officers include acting unreasonably, deliberate misuse of power, violating personal rights, specific statutes or constitutional rights, abuse of discretion, lack of evidence, being overbearing and many others.
To submit a grievance complaint within a department contact department staff for information or search the department website for forms. Complaints should be submitted quickly after an event or prior to an upcoming initial court hearing. Keep in mind the function of complaints and court hearings serve different purposes and complaints do not dismiss hearings.
Each department has documents such as “policy and procedures” or “general orders and directives” that will contain a grievance system for citizens to file complaints of officer misconduct. Procedures for on-duty officers are also within protocols for comparing officer actions. Such complaints are reviewed by department superiors or a board within a city.
Wis. Stat. § 66.0509 Civil service system; veterans preference.
Requires local governmental units without existing civil service systems to establish a grievance system, including provisions for addressing employee terminations, discipline, and workplace safety.
Wis. Stat. § 62.13 Police and fire departments.
Some municipalities utilize this statute to establish police discipline committees to review matters that could lead to officer suspension, reduction in rank, or removal. (board of police and fire commissioners)
File an informal or formal complaint at the department. To strengthen a complaint make clear and direct statements supported by evidence you collected that reveals what you experienced compared to officer responsibilities shared by department protocols and legislation. Request the incident report and body-cam footage from the officers’ department to refer to in the complaint or to present in a court of law.
If needed, escalate the matter upward through department superiors, the mayor, and city council members who influence departments through discipline, hiring and replacement. Local review boards, civilian oversight boards, local or county judiciary and boards such as a Police & Fire Commission or Internal Affairs are able to address officer actions as well. Some government positions, boards and councils can exert pressure on a police department, especially if they receive enough constituent complaints.
Informal Complaint
Write a complaint that refers to collected evidence. Seek help at the department or an outside source. Often a non-notarized, complaint regarding minor misconduct, policy dissatisfaction, or service issues that is resolved quickly by a supervisor without a full internal affairs investigation. Search online for samples.
Formal Complaint
A structured, written allegation submitted by a citizen regarding officer misconduct, policy violations, or improper behavior, initiating an internal investigation.
Concerns exist about the inconsistent tracking of police officer reliability
There are documented issues with the “Brady list” system in Wisconsin, which is meant to track officers with histories of dishonesty or other conduct that could impact their credibility in court. Prosecutors and defense attorneys are hence challenged to identify and address potentially unreliable testimony from officers.
State Certification & Decertification
Refer to Wis. Stat. § 165.85(3)(cm) Law enforcement standards board, which lists requirements and consequences imposed on officers by the State of Wisconsin. The Wisconsin Legislature passed a law requiring law enforcement agencies to maintain these employment files and mandated that officers moving to new departments must allow the new department to review the previous department’s employment file. However, this law does not compel the new agency to take action based on the information or even require them to review it.