WAUKESHA (WITI) -- A Circuit Court judge has ruled that former Waukesha Fire Chief Jesse Alba's due process rights were violated in demotion hearings before the Waukesha Board of Police and Fire Commissioners.
The Waukesha Board of Police and Fire Commissioners on October 14th, 2013, voted to demote Jesse Alba from the post of fire chief to firefighter.
Alba issued an appeal in the case.
Alba was accused of violating the anti-harassment policy and the Waukesha Fire Department's Code of Conduct.
He is alleged to have asked a woman in his department to quit because he was attracted to her and it was distracting to him.
Alba told the Police and Fire Commission he and the woman had had an affair while both of them were married. Alba said they broke it off -- and the woman found it too difficult to work together, so Alba said he thought her leaving was a reasonable solution.
The woman eventually resigned.
On Monday, June 9th, a Circuit Court judge ruled that the Commission that determined the discipline in this case was also the Commission that had hired Alba a few months earlier.
The Commission had made a determination that Alba had lied to them during the interview process -- and therefore, the judge ruled that the Commission was tained -- and denied Alba due process.
The judge said the Commission that decided punishment against Alba should have been different that the Commission that hired Alba.
The judge has ordered this case be remanded to the city of Waukesha, where a new hearing should be heard by a new Commission.
Following the judge's decision, Alba's attorney asked that he be reinstated as Fire Chief, and he be paid back pay pending his new hearing.
The court denied that request.
The court determined this matter be held open for the sole issue of how/what will constitute a new Commission in this case.