Attorney of former police chief Alfonso Morales asks for his reinstatement

MILWAUKEE (CBS 58) -- The attorney for former police chief Alfonso Morales filed a brief Wednesday, Oct. 14, seeking Morales' reinstatement. 

Attorney Frank Gimbel argues the Fire and Police Commission did not provide Morales due process when it demoted him back in August. 

The filing comes as the commission is set to start interviewing candidates to be the next chief. 

Gimbel told CBS 58 Thursday the FPC did not take the legally required steps to demote his client.

“They missed the boat on every single one of the protections that an employee has,” Gimbel said.

Gimbel said state law dictates the FPC give an officer written charges before taking discipline.

“We never got a statement of charges,” Gimbel said.

Gimbel also said the FPC failed to present evidence, which state statute dictates must come from a person who takes an oath, and is subject to cross examination.

“They brought no witnesses in on Aug. 6 to complain about particulars that gave rise to a basis to impose discipline on Chief Morales,” Gimbel said.

Gimbel said the FPC is also required to give Morales a chance to defend himself after charges are handed down, and must file their conclusions within two months of the decision, but have done neither.

“The Fire and Police Commission to this date, has not filed findings of fact or conclusions of law that give rise to his demotion.”

The Milwaukee City Attorney's Office did not respond to attempts at contact. They have 30 days from the filing from Gimbel to respond in Milwaukee District Court. FPC Executive Director Griselda Aldrete sent the statement “I do not speak on behalf of the Board of Commissioners. We are consulting with the city attorney’s office on this matter and intend to let the process proceed through the courts."