As the President of the Wauwatosa Police and Fire Commission (PFC), I would like to provide information about the PFC’s role and process related to the complaint filed against Officer Joseph Mensah by the family of Jay Anderson.
There has been a great deal of misinformation shared in the media and elsewhere regarding the roles and responsibilities of the PFC. I believe it is important that all interested parties have a clear understanding of our role and authority.
The PFC is guided by Wisconsin statute 62.13 and gets its authority to act from that statute. Our body is made up of five Wauwatosa citizens appointed by the Mayor for a term of five years. It is important to note, these appointments are unpaid volunteer positions. While we are appointed by the Mayor and approved by the Common Council, we are an independent body that does not report to either entity. Further, under the Rules and Regulations of the PFC of the City of Wauwatosa, we are responsible for overseeing examination, appointments and disciplinary actions relating to police and fire personnel. As such, there is a well defined process that the PFC must follow when addressing complaints brought against personnel.
On June 18th, the PFC received a complaint filed against Officer Mensah on behalf of the family of Jay Anderson. While other entities and governmental bodies have made statements, demands or resolutions regarding this complaint, the authority to act rests on the PFC alone. There are requirements outlined in the statute with a defined process we must follow. To that end, we are committed to providing an independent, impartial, fair and just process to all parties involved. We will not allow political pressure, public opinion or attempts at intimidation to influence or jeopardize this process. Over the last several weeks, we have seen the protests and in fact witnessed them firsthand at each of our homes. We equally respect the First Amendment and Officer Mensah’s right to due process. We are obligated to protect the rights of all parties involved and our decision will be based on the facts and evidence provided during the proceedings.
The decision to suspend Officer Mensah was based on a standard (Wis Stat 62.13) that is significantly different from the “just cause” standard that must be met for removal. No one should misconstrue our decision to mean that the PFC is leaning one way or another regarding the request by the complainants that Officer Mensah be removed from the Wauwatosa Police Department.
On July 15th, the PFC voted to engage Attorney Steven Biskupic to conduct an independent investigation of this complaint. Upon completion of this investigation, a report of his findings will be provided to the PFC and the attorneys for both sides. From there, we will proceed to a hearing where each party will be given the opportunity to introduce their facts and evidence. The PFC will then determine if the “just cause” standard as defined by Wis Stat 62.13 has been met.
Because our decision must be based on the evidence presented at the hearing, and not elsewhere, we will not engage in discussion with the media or members of the public as to this matter. That would be unfair to both parties and our goal is to have a transparent and fair process.
In closing, as we navigate through this process, I ask that everyone be respectful to all involved and allow for proper due process.
Written by: Dominic Leone, President of the Wauwatosa Police and Fire Commission
July 20, 2020
