Police and Fire Commission (Meets 2nd Wednesday of each month at 4:45 p.m.)

POLICE AND FIRE COMMISSION Agenda Thursday, March 9, 2023 at 5:00 PM. Government Center Room 204 Meeting ID meet.google.com/efj-sxdy-gjy Phone Numbers (US)+1 413-402-0869 PIN: 474 570 633# MEMBERS: Howard Hendrickson, Arthur Gil de Lamadrid, Maria Cuzzo, Tom Johnson, Akela Lloyd COUNCIL REP: Brent Fennessey 1 CALL TO ORDER 2 ROLL CALL 3 RECOGNITION OF NOTICE TO PUBLIC 4 APPROVAL OF MINUTES 4.1 Police and Fire Commission (Meeting held January 11, 2023) 5 RECURRING BUSINESS 5.1 Police and Fire Department Updates 6 NEW BUSINESS 6.1 Approve new Police Officer exam plan 6.2 Approve FireFighter CPAT exception for pregnancy 6.3 Add statement to all sworn Officer job descriptions 7 ADJOURNMENT In compliance with Wisconsin Open Meetings Law, this agenda was: Posted: Government Center, Douglas County Courthouse, Superior Public Library Notified by email: Superior Telegram, Duluth News Tribune The City of Superior complies with the Americans with Disabilities Act of 1990. If you are in need of an accommodation to participate in the public meeting process, please contact the City Clerk’s Office at (715)395-7200 by 4:30 p.m. on the day prior to the scheduled meeting. We will attempt to accommodate any request depending on the amount of notice we receive. C: Mayor Paine Cammi Janigo, Human Resources Director City Clerk Frog Prell, City Attorney Cam Vollbrecht, Fire Chief Charles Mahlen, WPPA, Local #27 Nick Alexander, Police Chief Suzanne Olson, IAFF Local #74  POLICE AND FIRE COMMISSION MEETING MINUTES SUPERIOR, WI January 11, 2023 1. The regular meeting of the Board of the Police and Fire Commission for the City of Superior was called to order Wednesday, January 11, 2023, at 6:00 P.M. Some participants joined the meeting via Google Meet. 2. ROLL CALL Commissioners present: Arthur Gil de Lamadrid, Howard Hendrickson, Tom Johnson, Maria Cuzzo* *Attended virtually Commissioners excused: ChaQuana McEntyre Others present: Police Chief Nick Alexander*, Assistant Chief of Police John Kiel*, Fire Chief Cam Vollbrecht, HR Director Cammi Janigo, Nikki Holmberg, Councilor Brent Fennessey* *Attended virtually There being a quorum present, the meeting was in order. 3. RECOGNITION OF NOTICE TO THE PUBLIC The recording secretary mailed and/or delivered agendas and agenda packets to persons or organizations listed, and the meeting was legally noticed in accordance with Wisconsin State Statutes open meeting law. 4. APPROVAL OF MEETING MINUTES: 10-12-2022; 10-20-2022; 11-22-2022 Motion by Commissioner Tom Johnson, seconded by Commissioner Maria Cuzzo, and carried to approve the meeting minutes from 10-12-2022, 10-20-2022, and 11-22-2022. 5. POLICE AND FIRE DEPARTMENT UPDATES Chief Alexander states there has been ongoing difficulties finding qualified candidates to fill the vacant positions. There are 6 interviews scheduled for this week. Chief Vollbrecht states the numbers of runs the Fire Department completed in 2022 was higher than 2021. There has been multiple promotions recently within the department; Brandon Cardenas was promoted to Captain, Steve Miner was promoted to Battalion Chief, and Job Webber was promoted to MPO. No Action 6. COMPLETION OF PROBATIONARY PERIOD LETTERS: GREG MERTZIG, TAYLOR WENDT, COLLIN DEANS-BRANDT Motion by Commissioner Arthur Gil de Lamadrid, seconded by Commissioner Tom Johnson, and carried to bundle and approve the completion of probationary period letters for Officer Wendt, Officer Mertzig, and Officer Deans-Brandt. 8. LETTER FROM CHIEF VOLLBRECHT: PROMOTION TO CAPTAIN – BRANDON CARDENAS; PROMOTION TO MOTOR PUMP OPERATION – JON WEBBER Received and Filed 9. FIREFIGHTER AND POLICE OFFICER TESTING PROCESS UPDATE HR Director Janigo gave an update on the most recent application and testing process for the Police Department and Fire Department. No Action 10. REVIEW FIREFIGHTER AND POLICE OFFICER INTERVIEW QUESTIONS Motion by Commissioner Arthur Gil de Lamadrid, seconded by Commissioner Tom Johnson, and carried, to move into closed session. Motion by Commissioner Arthur Gil de Lamadrid, seconded by Commissioner Tom Johnson, to go back into open session @ 6:57 p.m. Motion by Commissioner Maria Cuzzo, seconded by Arthur Gil de Lamadrid, and carried to adjourn meeting at 6:57 p.m. Submitted by: Nikki Holmberg, Recording Secretary  Superior Police Department 1316 N. 14th St. Suite 150 Phone: (715) 395-7234 Superior, WI 54880 Fax: (715) 395-7664 www.ci.superior.wi.us March 03, 2023 TO: Police and Fire Commission Members FROM: Nicholas Alexander, Police Chief REF: Job Description Language We are requesting to add the following language to all sworn officer job descriptions (Police Officer/Master Police Officer, Detective/Master Detective, Police Sergeant, Police Lieutenant, Police Captain, Assistant Police Chief, Police Chief): Under abilities section of each description: “Must maintain the unencumbered ability to credibly testify in court, attest to documents, and request and obtain warrants”. There are two court cases that have gotten us here, Brady v. Maryland, 373 U.S. 83, 87 (1963) and Giglio v. United States, 405 U.S. 150, 154 (1972). Under Brady-Giglio, when a police officer is called as a witness for a law enforcement agency, the prosecutor must disclose impeachment evidence, meaning any evidence that “casts a substantial doubt upon the accuracy” of the witness testimony. From District Attorney Mark Fruehauf: “Pursuant to our discovery obligations under Brady and Giglio, we are required to disclose to the defense any information contained in the files of law enforcement agencies that would tend to assist the defendant in attacking the credibility of a witness against the defendant. Law enforcement disciplinary records that involve findings and admissions of dishonesty are covered under this. Not all instances of dishonesty may give rise to a level where the DA has lost confidence in the veracity of a given officer; it is dealt with on a case-by-case basis. However, for an officer who has prior admissions or findings of dishonesty, we must list that information in any search warrant they apply for, any criminal complaint they swear to, or they might be questioned about it on the stand any time they testify in any kind of hearing. As you can imagine, there could be instances where an officer has made a false statement or engaged in dishonest conduct that is so egregious that I cannot put that officer on the stand ever again. If such an officer can’t be in a position to be trusted to be honest on future cases, I can understand why a police department would want to cut ties with that officer.” Sincerely, Nicholas Alexander Police Chief NFA/nh c: HR Director Janigo