Wisconsin Statutes 895.35 – Expenses in actions against municipal and other officers
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Terms Used In Wisconsin Statutes 895.35
- Fire fighter: includes a person serving under…. See Wisconsin Statutes 990.01
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Statute: A law passed by a legislature.
- Town: may be construed to include cities, villages, wards or districts. See Wisconsin Statutes 990.01
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Village: means incorporated village. See Wisconsin Statutes 990.01
(1) Whenever in any city, town, village, school district, technical college district or county charges of any kind are filed or an action is brought against any officer thereof in the officer’s official capacity, or to subject any such officer, whether or not the officer is being compensated on a salary basis, to a personal liability growing out of the performance of official duties, and such charges or such action is discontinued or dismissed or such matter is determined favorably to such officer, or such officer is reinstated, or in case such officer, without fault on the officer’s part, is subjected to a personal liability as aforesaid, such city, town, village, school district, technical college district or county may pay all reasonable expenses which such officer necessarily expended by reason thereof. Such expenses may likewise be paid, even though decided adversely to such officer, where it appears from the certificate of the trial judge that the action involved the constitutionality of a statute, not theretofore construed, relating to the performance of the official duties of said officer.
(2)
(a) In this subsection:
2. “Protective services officer” means an emergency medical services practitioner, as defined in s. 256.01 (5), an emergency medical responder, as defined in s. 256.01 (4p), a fire fighter, or a law enforcement or correctional officer.
(b)
1. Notwithstanding sub. (1), the city, town, village, school district, technical college district, or county shall reimburse a protective services officer for reasonable attorney fees incurred by the officer in connection with a criminal proceeding arising from the officer’s conduct in the performance of official duties unless, in relation to that conduct, any of the following applies:
a. The officer is convicted of a crime.
b. The officer’s employment is terminated for cause.
c. The officer resigns for reasons other than retirement before the attorney fees are incurred.
d. The officer is demoted or reduced in rank.
e. The officer is suspended without pay for 10 or more working days.
2. If a collective bargaining agreement covering the protective services officer defines reasonable attorney fees for the purpose of subd. 1., that definition shall apply.