CITY OF MADISON v. DWD

No. 01-1910.

262 Wis.2d 652 (2003)

2003 WI 76

664 N.W.2d 584

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

Supreme Court of Wisconsin.

Decided July 1, 2003.


Attorney(s) appearing for the Case

For the petitioners-respondents-petitioners there were briefs by Scott Herrick and Herrick, Kasdorf, Dymzarov, Twietmeyer & Zarov, LLP, Madison, and Steven C. Zach, Jennifer S. Mirus, and Boardman, Suhr, Curry & Field LLP, Madison, and oral argument by Scott N. Herrick and Steven C. Zach.

For the respondent-appellant the cause was argued by David C. Rice, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.

For the respondent-co-appellant there was a brief by Charles W. Giesen and Giesen Law Offices, S.C., Madison, and oral argument by Charles W. Giesen.

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

An amicus curiae brief was filed by James R. Korom, Matthew A. Koch, and von Briesen & Roper, S.C., Milwaukee, on behalf of the Wisconsin Chiefs of Police Association.


¶ 1. DIANE S. SYKES, J.

The issue in this case is whether a firefighter who is terminated from city service after a "just cause" hearing before a police and fire commission (PFC) pursuant to Wis. Stat. § 62.13(5)(em) (1997-98)1 may pursue a discrimination complaint regarding the termination before the Department of Workforce Development (DWD) under the Wisconsin Fair Employment Act (WFEA).

¶ 2. Disciplinary terminations...

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