171 Wis. 193 | Wis. | 1920
The important question presented by this record for our consideration is this': In whom was the power vested, upon the reduction of the city’s police force by ordinance adopted by the common council, to designate the members who should be discharged therefrom so as to conform to the ordinance?. On the part of the relator it is
It was conceded upon the argument that the power to determine the number of policemen is by the terms of the city charter vested in the common council. That part of the city charter which defines the powers and duties of the mayor is as follows (sec. 22, ch. 124, Laws 1891):
“The mayor shall be the chief executive officer, the head of the fire department and the chief of police of the city. He shall take care that the laws of the state and the ordinances of the city are observed and enforced, and that all of the officers of the city discharge their respective duties. . . . He shall appoint all watchmen, firemen and policemen, and may remove, suspend or reinstate any watchman, fireman or policeman in his discretion.”
As the chief executive officer of the city it must be conceded that the mayor, prior to the adoption of the police and fire commission-law, had full authority in a case such as is presented by the facts in this record to discharge members of the police department to conform to the regulations adopted by the common council. The question arises: Has this provision of the city charter been repealed or the power of the mayor been diminished by the enactment of the police and fire commission law ?
It is not claimed that the provisions of the city charter have been expressly repealed. Sec. 959 — 41 provides that the chief of police and the chief of the fire department shall be appointed by the board of police and fire commissioners, and no person shall be appointed to any position either on the police force or in the fire department without the approval of said board. It requires the board to keep the names of all persons who have been approved by them for appointment in the various departments. Sec. 959 — 42 provides that the board shall cause rules and regulations to
We are of the opinion that the provisions of the police
In the relator’s reply to the return of defendants the relator alleges that the reduction in the police force and the dismissal of the relator was not in good faith, and the trial court found:
“That the relator was not dismissed from the service of the city in the interest of economy or for the purpose of having the police force reorganized by the board of police and fire commissioners, but was dismissed for the purpose of evading the provisions of the act of the legislature creating said board of police and fire commissioners.”
The trial court also said:
“There is no question touching the preparation, introduction, and passage of this” ordinance [the ordinance reducing the number of policemen] which is open to judicial inquiry.”
By the Court. — Judgment reversed, and cause remanded with directions to dismiss the petition.