By Anita Weier The Capital Times
A new Wisconsin law requires local municipalities to pay for legal expenses under some circumstances for police, fire and emergency services personnel who have acted legally in the line of duty.
SB 132 was signed into law by Gov. Jim Doyle last week, after the Senate and Assembly approved it on voice votes.
“We need to protect our first line of defense from lawsuits that could devastate them financially,” said Sen. Ted Kanavas, R-Brookfield, who sponsored the bill in the state Senate.
“If an officer acts in the line of duty and is innocent, we should pay those legal bills. Conversely, those officers that act outside of the scope of their employment and are found guilty should have to foot the bill themselves.”
The law requires a city, village, town, county, school district or technical college district to reimburse reasonable attorney fees in connection with a charge or legal action brought against an officer in the officer’s official capacity.
The bill allows reimbursement for legal bills only in specified cases during a criminal trial or inquest proceeding.
A municipality would not have to pay legal costs if: the officer is convicted of a crime, the officer’s employment is terminated for cause, the officer resigns for reasons other than retirement before the expenses are incurred, the officer is demoted or reduced in rank or the officer is suspended without pay for 10 or more working days.
“The employees who protect our safety and well-being need to know that if they have acted properly in the line of duty that we will protect them legally from burdensome legal bills,” said Rep. Brett Davis, R-Oregon, who sponsored the bill in the state Assembly.
“When officers are out in the field making split-second decisions, the last thing that they need to think about is whether or not their legal bills will be covered.”