CITY OF MADISON v. DEPT. OF WORKFORCE DEV.

No. 01-1910.

257 Wis.2d 348 (2002)

2002 WI App 199

651 N.W.2d 292

CITY OF MADISON, Debra H. Amesqua and the Madison Board of Police and Fire Commissioners, Petitioners-Respondents, v. STATE of Wisconsin DEPARTMENT OF WORKFORCE DEVELOPMENT, Equal Rights Division, Respondent-Appellant, Charles T. WAGNER, Respondent-Co-Appellant.

Court of Appeals of Wisconsin.

Decided July 25, 2002.


Attorney(s) appearing for the Case

On behalf of the respondent-appellant, the cause was submitted on the briefs of James E. Doyle, attorney general, and David C. Rice, assistant attorney general.

On behalf of the respondent-co-appellant, the cause was submitted on the briefs of Charles W. Giesen of Giesen Law Offices, S.C. of Madison.

On behalf of the petitioners-respondents, the cause was submitted on the briefs of Steven C. Zach of Boardman, Suhr, Curry & Field LLP of Madison.

Brief of amicus curiae was filed by Bruce F. Ehlke of Shneidman, Hawks Ehlke, S.C. of Madison on behalf of Firefighters Local 311 and Joseph Conway, Jr.

Brief of amicus curiae was filed by Claire Silverman of League of Wisconsin Municipalities of Madison on behalf of League of Wisconsin Municipalities.

Before Vergeront, P.J., Roggensack and Deininger, JJ.


¶ 1. ROGGENSACK, J.

The City of Madison's Police and Fire Commission (PFC) ordered the discharge from service of city firefighter Charles Wagner after it sustained charges that Wagner violated several fire department rules. Following his discharge, Wagner filed a complaint with the Department of Workforce Development (DWD) alleging that he was unlawfully terminated based on his arrest and conviction record, in violation...

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