Judge grants writ of certiorari in police captain promotion challenge; commission must turn over full record

A Rhinelander police sergeant’s legal challenge to a captain promotion decision has cleared its first hurdle in court.
Oneida County circuit judge Mary Sowinski granted the writ of certiorari sought by Sgt. Kurt Helke on May 19, ordering the Rhinelander Police and Fire Commission to certify and return the complete record of its February 5 promotional process to the court within 30 days.
The order requires the Commission to produce all materials related to its decision to promote Chad Brown over Helke to the rank of police captain, including any scoring sheets, notes and evaluation materials; correspondence related to the process; any written decisions, findings or memoranda; and all written communications with the applicants.
The ruling does not decide the merits of Helke’s challenge. Rather, it is a procedural step that compels the Commission to open its books so the court can examine whether the promotion decision was made lawfully. In a certiorari review, a court examines whether the body kept within its jurisdiction, acted according to law, and reached a decision supported by evidence in the record — not whether the court would have reached the same conclusion.
Helke, who is representing himself, filed his petition on March 6 — the same day Brown was sworn in as captain. He contends the Commission violated Wis. Stat. § 62.13(4), which requires promotional decisions to be grounded in merit, efficiency and fitness. In his petition, Helke argued the Commission applied no disclosed criteria, issued no written findings, and selected a candidate with fewer than five years of supervisory experience over him despite his approximately 23 years in a supervisory role.

Central to his argument is the absence of a record explaining the Commission’s reasoning. The writ now requires that record — whatever it contains — to be placed before the court.
City attorney Steve Sorenson said the city believes the relevant documents were already provided to Helke before he filed, suggesting the timing of his petition may have created the appearance of a records dispute where none existed.
“It is our understanding that all material was already turned over, but Mr. Helke may have submitted his affidavit and writ before he received the requested items,” Sorenson said. “The city will be providing the court with the same things that the city provided to Mr. Helke.”
Sorenson also pushed back on the notion that the city bears responsibility for the Commission’s conduct, drawing a distinction between the two bodies.
“It is the city’s position that the Police and Fire Commission is an independent agency not controlled by the city,” he said, adding that the city has no reason to believe the Commission failed to follow proper procedures. “The members of the Commission are very respectable, well-educated members of the community with many years of experience on the Commission.”
The Commission has 30 days from the May 19 order to certify and return the complete record to the court.