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BALCERZAK v. BOARD OF FIRE & POLICE COM'RS

No. 98-2889.

233 Wis.2d 644 (2000)

2000 WI App 50

608 N.W.2d 382

John A. BALCERZAK, Plaintiff-Respondent, v. BOARD OF FIRE AND POLICE COMMISSIONERS FOR the CITY OF MILWAUKEE and Chief of Police Philip Arreola, or his successor, Defendants-Joint-Appellants.

Court of Appeals of Wisconsin.

Decided February 15, 2000.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant Board of Fire and Police Commissioners for the City of Milwaukee, the cause was submitted on the briefs of James C. Reiher and Maureen A. Hegarty of VonBriesen, Purtell & Roper, S.C., of Milwaukee. On behalf of the defendant-appellant Chief of Police, the cause was submitted on the briefs of Grant F. Langley, city attorney, and Rudolph M. Konrad, deputy city attorney.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Laurie A. Eggert and Jonathan Cermele of Eggert Law Office, S.C., of Milwaukee.

Before Wedemeyer, P.J., Schudson and Curley, JJ.

¶ 1. CURLEY, J.

The City of Milwaukee Board of Fire and Police Commissioners (FPC) and the Chief of Police (Chief) appeal the circuit court's grant of summary judgment to Milwaukee Police Officer John A. Balcerzak in Balcerzak's disciplinary proceeding. The FPC and the Chief assert that the circuit court erred in finding that the statutory language found in WIS. STAT. § 62.50(17) (1989-90),1 "be suspended without pay for

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