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STATE OF WISCONSIN

BEFORE THE WISCONSIN EMPLOYMENT RELATIONS COMMISSION

VICTORIA VEASLEY, Complainant,

vs.

MILWAUKEE COUNTY PERSONNEL REVIEW BOARD, Respondent.

Case 461

No. 56698

MP-3446

Decision No. 29467-A

ORDER GRANTING MOTION TO MAKE COMPLAINT MORE DEFINITE AND CERTAIN

Victoria Veasley filed a complaint with the Wisconsin Employment Relations Commission on July 27, 1998, pro se, which alleged that the Milwaukee County Personnel Review Board, Respondent, had committed prohibited practices. On August 13, 1998, Milwaukee County by its counsel filed a Motion to Make Complaint More Definite and Certain. No statement was received from the Complainant on said Motion. On October 7, 1998 the Commission appointed Lionel L. Crowley, a member of its staff, to act as Examiner and to make and issue Findings of Fact, Conclusions of Law and Order as provided in Sec. 111.07(5), Stats. The Examiner, being fully advised in the premises, makes and issues the following

ORDER

1. Complainant Veasley shall amend her complaint to specify:

a. In a clear and concise statement, including time and place, what acts by the Milwaukee County Personnel Review Board allegedly constitute the prohibited practice or practices.

b. Which provision or provisions of the Municipal Employment Relations Act have allegedly been violated by the Milwaukee County Personnel Review Board.

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No. 29467-A

2. The Complainant's amended complaint shall be filed with the Examiner and a copy shall be mailed to:

Mr. Timothy R. Schoewe
Deputy Corporation Counsel
Milwaukee County
901 North 9th Street, Room 303
Courthouse
Milwaukee, WI 53233

and

Mr. Alvin R. Ugent
Podell, Ugent, Haney & Delery, S.C.
Attorneys at Law
611 North Broadway Street, Suite 200
Milwaukee, WI 53202-5004

on or before October 19, 1998.

Dated at Madison, Wisconsin this 7th day of October, 1998.

WISCONSIN EMPLOYMENT RELATIONS COMMISSION

Lionel L. Crowley /s/

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No. 29467-A


MEMORANDUM ACCOMPANYING ORDER GRANTING MOTION

TO MAKE COMPLAINT MORE DEFINITE AND CERTAIN

Wisconsin Administrative Code, Section ERC 12.02(2)(c) provides that a complaint must contain, inter alia:

A clear and concise statement of the facts constituting the alleged prohibited practice or practices including the time and place of occurrence of particular acts and the sections of the act alleged to have been violated thereby.

The complaint merely states a violation of Secs. 111.70(3)(a) and (b), Stats. It is not clear what acts by the Milwaukee County Personnel Review Board are relied on by Complainant to form the basis for her claim that the Milwaukee County Personnel Review Board has committed an alleged prohibited practice. The Complainant is therefore directed to specify in a clear and concise statement what acts were committed by the Milwaukee County Personnel Review Board that allegedly constitute a prohibited practice and what section or sections of the statute have allegedly been violated by said acts.

Dated at Madison, Wisconsin this 7th day of October, 1998.

WISCONSIN EMPLOYMENT RELATIONS COMMISSION

Lionel L. Crowley, Examiner

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No. 29467-A