Wisconsin Supreme Court PC: Fox 11 Online
MADISON, WI (WTAQ-WLUK) – The Wisconsin Supreme Court upheld the disciplinary actions taken against Green Bay Police Det. Andrew Weiss, in a ruling issued Thursday.
Weiss accessed police records on two sexual assault cases he was not working on, then used his girlfriend’s phone to provide the details to someone outside the department. The department disciplined him, but the police union appealed, based on the notification provided and due process issues. An arbiter ruled in the department’s favor, as did the circuit court, as did the appeals court.
The case centers on what is known as a ‘Loudermill’ notice, and how it was provided. A Loudermill notice is a letter sent to a public employee that outlines the issues a disciplinary investigation has revealed and asks whether the employee would like to share any additional information before a decision is made.
In a 36-page ruling Thursday morning, the justices ruled: “We afford a high level of deference to arbitration decisions because of the contractual nature of arbitration agreements. Given this deference, the arbitrator did not exceed his powers, and so we likewise affirm.”
“The arbitrator then determined that, in light of his view of Loudermill, the process the Department afforded to Weiss——which included notice of all of Weiss’s alleged policy violations, opportunities to be heard at four in-person hearings prior to the Department’s disciplinary decision, and opportunity to bring post-disciplinary review through a Green Bay Personnel Committee grievance and arbitration——was constitutionally adequate. The arbitrator did not manifestly disregard Loudermill in doing so, and Weiss received the arbitration he bargained for. Thus, he is contractually bound by the arbitrator’s decision,” the decision states.
The majority opinion was signed by five of the justices, with a two others offering concurring opinions.
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