Section 6.05. Discipline, discharges and leaves of absence.

 

(1)   Disciplinary procedure for serous offenses. Each home shall maintain a complete record of each offense by a member of the home for which the member could be given a dishonorable discharge under sub. (7) , showing the name of the offender, date and place of the offense, and the nature of the offense. Each member charged with such an offense shall be furnished with a copy of the charge or charges placed against the member. No member may be given a dishonorable discharge or disciplined in any way for the offense without a hearing before the commandant of the home at a time and place to be fixed by the commandant. Each member charged with an offense shall be furnished with a copy of the charge or charges placed against the member. A summary of evidence introduced and the findings and the decision of the commandant shall be filed in each case.

(2)   Disciplinary orders, review and appeal. A member found guilty by a commandant under sub. (1) of an offense may be dishonorably discharged, given an enforced leave of absence for a period not exceeding 60 days, restricted to the grounds of the home or designated parts of the grounds, or disciplined in any other manner as the commandant determines to be just and proper. Upon written application by the member involved within 10 days of issuance of a disciplinary order by the commandant, the secretary shall review any discharge, enforced leave of absence, restriction, or other disciplinary action ordered by the commandant and shall confirm, modify, or reverse the order. The member involved may, within 10 days of action by the secretary, file a request for a hearing under s. 227.42 , Stats. If a request for hearing is filed, the disciplinary order involved shall be stayed pending the final decision by the department.

(3)   Off-limits. The commandant of a home may prohibit any member of the home from entering any tavern or establishment in the vicinity of the home and may declare any such establishment off-limits to any member if such action is necessary for the maintenance of discipline and control.

(4)   Grievance procedure. Any member of a home who has a grievance or complaint of any kind against the home or its management may present the grievance or complaint in writing to the commandant of the home. If the member is not satisfied with action by the commandant on the grievance or complaint, the member may refer the matter to the secretary, and the commandant shall promptly transmit the grievance or complaint together with a written report of investigation and action on the grievance or complaint to the secretary.

(5)   Honorable discharge. A member of a home may receive an honorable discharge from membership at the home upon application, provided that he or she has paid all money due the home and has accounted for all property issued that is not suitable for reissue, that no disciplinary action has been currently imposed or is pending against the member, and that he or she is able to exercise sound judgment in planning and providing for his or her own physical welfare. When a member requires special living or travel facilities or is unable to exercise sound judgment in planning for his or her own physical welfare, the commandant of the home may refer the request for discharge to the county veterans service officer in the member's home county for assistance and may delay granting an honorable discharge until proper facilities for his or her care and travel are assured.

(6)   Undesirable discharge. A member of a home may be given an undesirable discharge if an obligation to the home is not paid within 60 days of the date of the member's or personal representative's receipt of a billing statement from the home or if the member leaves the home without satisfying the conditions for an honorable discharge.

(7)   Dishonorable discharge. A member of a home may be given a dishonorable discharge for frequent or habitual intoxication; for willful disobedience of proper orders; for failure to maintain restrictions imposed as a disciplinary measure; for habitual use of profane, obscene, or abusive language; for the defacement of, damage to, or destruction of any structures, buildings, improvements, shrubs, trees, or plants on the grounds of the home; for unauthorized discharge of firearms within the limits of the home; for assault on another person; for theft; for committing any other crime; or for immoral or indecent conduct.

(8)   Leaves of absence. Leaves of absence may be granted by the commandant of a home for a period of not to exceed 60 days during a calendar year, but may be extended by the secretary if circumstances warrant. Payments to the state, as required by s. 45.51 (7) , Stats., shall continue during the period of absence. The home will not be responsible for any expense incurred by a member while absent from the home except for emergency medical expenses authorized by a home's physician, provided notice is given to the home within 24 hours of the onset of the emergency. Quarters will not be reserved during any absence unless the absence is authorized by the commandant.

(9)   Leaves of absence, medical. Leaves of absence from a home will be granted to veteran members while undergoing treatment in a veterans administration hospital or in another authorized hospital and to non-veteran members while in any hospital or sanatorium away from the home. This leave shall not be charged to the 60-day annual allowance.

History: Cr. Register, March, 1965, No. 111 , eff. 4-1-75; am. (2), (4), (8), Register, October, 1967, No. 142 , eff. 11-1-67; am. (1) to (6) and (9), Register, April, 1986, No. 364 , eff. 5-1-86; am. (6), Register, June, 1992, No. 438 , eff. 7-1-92; correction in (8) made under s. 13.92 (4) (b) 7. , Stats., Register March 2013 No. 687 ; 2013 Wis. Act 189 : am. (1) to (9) Register April 2014 No. 700 , eff. 5-1-14.