Police and Fire Commission

Police and Fire Commission Meeting Agenda Thursday, August 18, 2022 at 5:00 PM Council Chambers Page 1. CALL TO ORDER 2. ROLL CALL 3. ADOPTION OF AGENDA 4. APPROVAL OF MINUTES 4.1. Minutes from date May 31, 2022, June 21, 222, and July 5, 2022. 2 - 11 Police and Fire Commission - 31 May 2022 - Minutes - Pdf Police and Fire Commission - 21 Jun 2022 - Minutes - Pdf Police and Fire Commission - 27 Jun 2022 - Minutes - Pdf Police and Fire Commission - 05 Jul 2022 - Minutes - Pdf 5. COMMUNICATION AND MISCELLANEOUS 6. CLOSED SESSION PER STATE STATUTE 19.85 (1)(C) The Commission will convene into Closed Session authorized under Section 19.85(1)(c), (f), and (g) Wisconsin Statutes, to consider employment, promotion, compensation, or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility. 6.1. Fire Department Probationary Firefighter Hiring 7. OPEN SESSION - ACTION ON CLOSED SESSION AGENDA 8. ADJOURNMENT  Police and Fire Commission Meeting Minutes Tuesday, May 31, 2022 at 5:00 PM Council Chambers Quorum was not met. Meeting will be rescheduled. PRESENT: Andrea Kier ABSENT: Kirk Lindell, Jon Hailey, Michael Hedges, Jorden Aufderhar OTHERS PRESENT: CALL TO ORDER ROLL CALL ADOPTION OF AGENDA APPROVAL OF MINUTES MINUTES FROM: COMMUNICATION AND MISCELLANEOUS CLOSED SESSION PER STATE STATUTE 19.85 (1)(C), (F), (G) THE COMMISSION WILL CONVENE INTO CLOSED SESSION AUTHORIZED UNDER SECTION 19.85(1)(C), (F), AND (G) WISCONSIN STATUTES, TO CONSIDER EMPLOYMENT, PROMOTION, COMPENSATION, OR PERFORMANCE EVALUATION DATA OF ANY PUBLIC EMPLOYEE OVER WHICH THE GOVERNMENTAL BODY HAS JURISDICTION OR EXERCISES RESPONSIBILITY a. FIRE DEPARTMENT OFFICER APPOINTMENT b. FIRE DEPARTMENT PROBATIONARY FIREFIGHTER HIRING Police and Fire Commission Meeting May 31, 2022 OPEN SESSION - ACTION ON CLOSED SESSION AGENDA ADJOURNMENT Police and Fire Commission Meeting May 31, 2022  Police and Fire Commission Meeting Minutes Tuesday, June 21, 2022 at 3:00 PM Council Chambers The Police and Fire Commission of the City of New Richmond was called to order on Tuesday, June 21, 2022, at 3:00 PM, in the Council Chambers, with the following members present: PRESENT: Kirk Lindell, Jon Hailey, Andrea Kier, Michael Hedges, Jorden Aufderhar ABSENT: OTHERS Attorney Kalney, Attorney Bannink, Attorney Weld, Interim Fire Chief Josh Bell, PRESENT: Sarah Reese, Noah Wiedenfeld, Jonathan Haffner CALL TO ORDER The meeting was called to order at 3:01 PM by President Hailey ROLL CALL ADOPTION OF AGENDA Jorden Aufderhar made a motion to adopt the agenda Andrea Kier seconded the motion. Carried unanimously. APPROVAL OF MINUTES MINUTES FROM DATE JUNE 14, 2022 Jorden Aufderhar made a motion to approve the Minutes from June 14, 2022. Andrea Kier seconded the motion. Carried unanimously. RECONVENING HEARING --------------------------------------------------------------------------------------------------------------- In the matter of the Charges Filed Against Firefighter Jonathon Haffner By Police and Fire Commission Meeting June 21, 2022 New Richmond Fire Interim Chief Josh Bell ---------------------------------------------------------------------------------------------------------------- The New Richmond Board of Police and Fire Commissioners will reconvene the evidentiary hearing in the above-entitled matter pursuant to Wis. Stat. Section 62.13(5)., and the New Richmond Board of Police and Fire Commissioners Rules of Procedures. PLEASE TAKE NOTICE the Police and Fire Committee may, from time to time during this hearing entertain motion and convene in closed session for the purpose of deliberating on the motion to dismiss complaint filed by Interim Chief Bell against Firefighter Jonathan Hafner or to consult legal counsel with regard to that matter pursuant to Section 19.85(1)(a) and (g) of the Wisconsin Statutes. Upon completion of any such deliberation of conference, the Police and Fire Commission may reconvene into open session to consider any other matters on the agenda as provided at 19.85 (2) Wis. Stats. 5.1 Continuation of Presentation of Interim Chief's case 5.2 Presentation of Firefighter Haffner's defense 5.3 Rebuttal 5.4 Closing Arguments 5.5 Deliberations The Commission may opt to reconvene at a later date to hear further testimony or deliberate on the matter By the New Richmond Police and Fire Commission The Hearing commenced with the Police and Fire Commission calling Human Resource Director Sarah Reese for one question. The Charging Party then called its third witness, City Administrator Noah Wiedenfeld. Finally, the Charging Party called its last witness, Firefighter Jonathan Haffner. After his testimony, the Charged Party began to call his witnesses, starting with Firefighter Jonathan Haffner. After that testimony the Commission adjourned into closed session to confer with council. Kirk Lindell made a motion to go into Closed Session at 5:55 PM. Jorden Aufderhar seconded the motion. The roll call vote carried unanimously. Jorden Aufderhar made a motion to go back into Open Session and reconvene at 6:30 PM. Andrea Kier seconded the motion. The roll call vote carried unanimously. The Charged Party called its second witness, Former Fire Chief Jim Vanderwyst, then third witness, Firefighter Jocelyn Kahonen, and finally its fourth witness, Firefighter Robin Haffner. The Charging Party called City Administrator Noah Wiedenfeld to redirect, then called Human Resource Director, Sarah Reese to redirect. The Charging Party commenced with closing arguments at 8:07 PM. The Charged Party commenced with closing arguments at 8:26 PM. Police and Fire Commission Meeting June 21, 2022 After closing arguments, Attorney Kalny addressed the Charged Party's Exhibit M and asked the parties to submit letter arguments on their position on admission. Both the Charging Party and Charged Party admitted their exhibits for the record. After the admission of the exhibits, the Commission determined to continue deliberations on June 27th at 3:00 PM. Attorney Kalny reminded PFC members to not discuss the matter outside of the meeting. Jorden Aufderhar made a motion to reconvene on June 27th at 3:00 PM. Andrea Kier seonded the motion. The roll call vote carried unanimously. Police and Fire Commission Meeting June 21, 2022  Police and Fire Commission Meeting Minutes Monday, June 27, 2022 at 3:00 PM Council Chambers The Police and Fire Commission of the City of New Richmond was called to order on Monday, June 27, 2022, at 3:00 PM, in the Council Chambers, with the following members present: PRESENT: Kirk Lindell, Jon Hailey, Andrea Kier, Michael Hedges, Jorden Aufderhar ABSENT: OTHERS Attorney Kalny, Attorney Bannink, Noah Wiedenfeld PRESENT: CALL TO ORDER The meeting was called to order by President Hailey at 3:00 PM. ROLL CALL ADOPTION OF AGENDA Jorden Aufderhar made a motion to adopt the Agenda. Kirk Lindell seconded the motion. Carried unanimously. RECONVENING HEARING: ____________________________________________________________________ In the matter of the Charges Filed Against Firefighter Jonathon Haffner By New Richmond Fire Interim Chief Josh Bell _____________________________________________________________________ The New Richmond Board of Police and Fire Commissioners will reconvene the evidentiary hearing in the above-entitled matter pursuant to Wis. Stat. Section 62.13(5)., and the New Richmond Board of Police and Fire Commissioners Rules of Procedures Police and Fire Commission Meeting June 27, 2022 PLEASE TAKE NOTICE the Police and Fire Committee may, entertain motion and convene in closed session for the purpose of deliberating on the motion to dismiss complaint filed by interim Chief Bell against Firefighter Jonathan Hafner or to consult legal counsel with regard to that matter pursuant to Section 19.85(1)(a) and (g) of the Wisconsin Statutes. Upon completion of any such deliberation of conference, the Police and Fire Commission may reconvene into open session to consider any other matters on the agenda as provided at 19.85 (2) Wis. Stats. The Police and Fire Commission intends to deliberate in closed session RECONVENE HEARING - NOTE ANY DOCUMENTS RECEIVED BY THE PFC FROM PARTIES DELIBERATIONS THE COMMISSION MAY OPT TO RECONVENE AT A LATER DATE TO HEAR FURTHER TESTIMONY OR DELIBERATE ON THE MATTER. Before going into closed session, Attorney Kalny discussed the unlikeliness of a decision being announced after coming out of closed session. There was also a brief discussion regarding scheduling a future meeting. Jorden Aufderhar made a motion to go into closed session. Andrea Kier seconded the motion. Carried unanimously. Andrea Kier made a motion to go back into open session. Jorden Aufderhar seconded the motion. Carried unanimously. The Police and Fire Commission announced they elected to continue deliberations on July 5, 2022 at 6:00 PM at which point intend to offer their conclusion, decisions, and findings and will also close the record. They will submit their conclusion, decisions, and findings in written form three days after. Jorden Aufderhar made a motion the PFC have a continuance of deliberations on July 5, 2022 at 6:00 PM at which time they will offer their conclusion in closing the record. Andrea Kier seconded the motion. Carried unanimously. Police and Fire Commission Meeting June 27, 2022  Police and Fire Commission Meeting Minutes Tuesday, July 5, 2022 at 6:00 PM Council Chambers The Police and Fire Commission of the City of New Richmond was called to order on Tuesday, July 5, 2022, at 6:00 PM, in the Council Chambers, with the following members present: PRESENT: Kirk Lindell, Jon Hailey, Andrea Kier, Michael Hedges, Jorden Aufderhar ABSENT: OTHERS Attorney Kalny, Attorney Vivian, Jonathan Haffner PRESENT: CALL TO ORDER The meeting was called to order by President Hailey at 6:00 PM ROLL CALL ADOPTION OF AGENDA Kirk Lindell made a motion to adopt the Agenda. Jorden Aufderhar seconded the motion. Carried unanimously. RECONVENING HEARING: _____________________________________________________________________ In the matter of the Charges Filed Against Firefighter Jonathon Haffner By New Richmond Fire Interim Chief Josh Bell ______________________________________________________________________ The New Richmond Board of Police and Fire Commissioners will reconvene the evidentiary hearing in the above-entitled matter pursuant to Wis. Stat. Section 62.13(5)., and the New Richmond Board of Police and Fire Commissioners Rules of Procedures Police and Fire Commission Meeting July 5, 2022  PLEASE TAKE NOTICE the Police and Fire Committee may, entertain motion and convene in closed session for the purpose of deliberating on the matter of the Charges brought by interim Chief Bell against Firefighter Jonathan Hafner or to consult legal counsel with regard to that matter pursuant to Section 19.85(1)(a) and (g) of the Wisconsin Statutes. Upon completion of any such deliberation of conference, the Police and Fire Commission may reconvene into open session to consider any other matters on the agenda as provided at 19.85 (2) Wis. Stats. The Police and Fire Commission intends to deliberate in closed session RECONVENE HEARING - NOTE ANY DOCUMENTS BY THE PFC FROM THE PARTIES Before reconvening into closed session, Attorney Kalny explained four additional documents being added to the Case Record: Exhibit 52 - Email from Complainant taking their position on Exhibit M Exhibit 53 - Email from Mr. Weld on behalf of Respondent addressing same issue Exhibit 54 - Objection by Complainant to the argument made by Respondent Exhibit 55 - Document filed by Respondent in response to same issue Mr. Kalny further explained that Exhibit M would be admitted subject to the Commission making conclusions on its probative value and credibility. DELIBERATIONS THE COMMISSION MAY RECONVENE IN OPEN SESSION AND MAY OPT TO SET AT A LATER DATE TO HEAR FURTHER TESTIMONY OR DELIBERATE FURTHER ON THE MATTER OR MAY CLOSE THE CASE AND ANNOUNCE ITS DECISION. CLOSED SESSION Jorden Aufderhar made a motion to go into closed session. Andrea Kier seconded the motion. Roll call vote carried unanimously. Andrea Kier made a motion to go back into open session. Jorden Aufderhar seconded the motion. Roll call vote carried unanimously. Once out of closed session, Special Council Attorney Kalny stated the Police and Fire Commission considered all the evidence and were understanding of all the arguments that had been presented, including Exhibit M. Understanding that the Commission is the sole arbitrator of the credibility and the weight to be afforded to the evidence produced. After weighing the testimony and for reasons that will be set forth in the Findings, Facts, Conclusions, Determination Order, the New Richmond Police and Fire Commission determined that Jonathan Haffner be discharged from employment with the New Richmond Fire and Rescue Department effective immediately. The Police and Fire Commission will complete the Findings, Facts, Conclusions, Determination Order, get them signed, and filed with the Secretary within three days. A copy will also be emailed to all parties. Police and Fire Commission Meeting July 5, 2022 ADJOURNMENT Andrea Kier made a motion to adjourn Jorden Aufderhar seconded the motion. Roll call vote carried unanimously. Police and Fire Commission Meeting July 5, 2022 L:\DOCS\92429\00001\15069724