Employee residency requirements prohibited. 66.0502(1)(1)
The legislature finds that public employee residency requirements are a matter of statewide concern.
In this section, “local governmental unit" means any city, village, town, county, or school district.
Except as provided in sub. (4)
, no local governmental unit may require, as a condition of employment, that any employee or prospective employee reside within any jurisdictional limit.
If a local governmental unit has a residency requirement that is in effect on July 2, 2013, the residency requirement does not apply and may not be enforced.
This section does not affect any statute that requires residency within the jurisdictional limits of any local governmental unit or any provision of state or local law that requires residency in this state.
Subject to par. (c)
, a local governmental unit may impose a residency requirement on law enforcement, fire, or emergency personnel that requires such personnel to reside within 15 miles of the jurisdictional boundaries of the local governmental unit.
If the local governmental unit is a county, the county may impose a residency requirement on law enforcement, fire, or emergency personnel that requires such personnel to reside within 15 miles of the jurisdictional boundaries of the city, village, or town to which the personnel are assigned.
A residency requirement imposed by a local governmental unit under par. (b)
does not apply to any volunteer law enforcement, fire, or emergency personnel who are employees of a local governmental unit.
History: 2013 a. 20
Because, by its plain language, this section uniformly affects every city or village, it trumps the city of Milwaukee's charter, and the city may not enforce its residency requirement. Milwaukee Police Association v. City of Milwaukee, 2016 WI 47
, 364 Wis. 2d 626
, 869 N.W.2d 522
Although this section abolishes residency requirements generally, it does not create a vested right for law enforcement, fire, and emergency personnel to live wherever they want. Quite the opposite, it grants local governments the authority to adopt a 15-mile radius requirement for those employees. Milwaukee Police Association v. City of Milwaukee, 856 F.3d 480
Combination of municipal offices. 66.0503(1)(1)
The office of county supervisor may be consolidated by charter ordinance under s. 66.0101
With the office of village president in any village which has boundaries coterminous with the boundaries of any supervisory district established under s. 59.10 (3)
With the office of alderperson or council member in any city in which the district from which the alderperson or council member is elected is coterminous with the boundaries of any supervisory district established under s. 59.10 (3)
After the effective date of adoption or repeal of a charter ordinance under this section, the clerk of the municipality shall file a copy of the ordinance with the clerk of the county within which the supervisory district lies. When so consolidated, nomination papers shall contain that number of signatures required under s. 8.10
for county supervisors and shall be filed in the office of the county clerk.
Removal from office of any incumbent of an office consolidated under this section vacates the office in its entirety whether effected under ss. 17.09
or other pertinent statute.
Compensation for an office consolidated under this section shall be separately established by the several governing bodies affected by the consolidation as though no consolidation of offices had occurred.
Tenure for an officer of an office consolidated under this section shall coincide with the term for county supervisors.
Address confidentiality program. 66.0504(1)(b)
“Local clerk" means an individual, and an individual's deputy or assistant, who serves as one of the following:
If a program participant submits a written request to a local clerk that he or she keep the program participant's actual address private, the local clerk may not disclose any record in his or her possession that would reveal the program participant's actual address, except pursuant to a court order.
History: 2015 a. 356
; 2017 a. 365
Compensation of governing bodies. 66.0505(1)(a)
“Elective officer" means a member or member-elect of the governing body of a political subdivision.
“Political subdivision" means any city, village, town, or county.
Establishment of salary.
An elected official of any political subdivision, who by virtue of the office held by that official is entitled to participate in the establishment of the salary attending that office, shall not during the term of the office collect salary in excess of the salary provided at the time of that official's taking office. This provision is of statewide concern and applies only to officials elected after October 22, 1961.
Notwithstanding the provisions of s. 59.10 (1) (c)
, (2) (c)
, (3) (f)
, or 62.09 (6)
, an elective officer may send written notification to the clerk and treasurer of the political subdivision on whose governing body he or she serves that he or she wishes to refuse to accept the salary that he or she is otherwise entitled to receive.
Except as provided in subd. 3.
, to be valid the notification must be sent no later than the day on which the elective officer takes the oath of office and before he or she performs any services in his or her official capacity, and the notification applies only to the taxable year in which the officer's election is certified or in which the officer is appointed, if the elective officer's current taxable year ends within 3 months of his or her certification or appointment, the notification applies until the end of his or her next taxable year.
Except as provided in subd. 2.
, to be valid the notification must be sent at least 30 days before the start of the elective officer's next taxable year, and the notification applies only to that taxable year although the notification may be renewed annually as provided in this subdivision.
If a clerk and treasurer receive notification as described in subd. 2.
, the treasurer may not pay the elective officer his or her salary during the time period to which the notification applies. Upon receipt of such notification, the political subdivision's treasurer shall not pay the elective officer the salary that he or she is otherwise entitled to receive, beginning with the first pay period that commences after notification applies.
An elective officer, or officer-elect, who sends the written notification described under par. (a)
may not rescind the notification. If an elective officer's notification no longer applies, the political subdivision's treasurer shall pay the elective officer any salary that he or she is entitled to receive, beginning with the first pay period that commences after the expiration of the notification.
Referendum; increase in employee wages. 66.0506(1)(1)
In this section, “local governmental unit" means any city, village, town, county, metropolitan sewerage district, long-term care district, local cultural arts district under subch. V of ch. 229
, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state.
If any local governmental unit wishes to increase the total base wages of its general municipal employees, as defined in s. 111.70 (1) (fm)
, who are part of a collective bargaining unit under subch. IV of ch. 111
, in an amount that exceeds the limit under s. 111.70 (4) (mb) 2.
, the governing body of the local governmental unit shall adopt a resolution to that effect. The resolution shall specify the amount by which the proposed total base wages increase will exceed the limit under s. 111.70 (4) (mb) 2.
The resolution may not take effect unless it is approved in a referendum called for that purpose. The referendum shall occur in November for collective bargaining agreements that begin the following January 1. The results of a referendum apply to the total base wages only in the next collective bargaining agreement.
The referendum question shall be substantially as follows: “Shall the .... [general municipal employees] in the .... [local governmental unit] receive a total increase in wages from $....[current total base wages] to $....[proposed total base wages], which is a percentage wage increase that is .... [x] percent higher than the percent of the consumer price index increase, for a total percentage increase in wages of .... [x]?"
History: 2011 a. 10
; 2013 a. 166
This section does not violate the plaintiffs' associational rights. No matter the limitations or burdens a legislative enactment places on the collective bargaining process, collective bargaining remains a creation of legislative grace and not constitutional obligation. The restrictions attached to the statutory scheme of collective bargaining are irrelevant in regards to freedom of association because no condition is being placed on the decision to participate. If a general employee participates in collective bargaining under 2011 Wis. Act 10
's statutory framework, that general employee has not relinquished a constitutional right. They have only acquired a benefit to which they were never constitutionally entitled. Madison Teachers, Inc. v. Walker, 2014 WI 99
, 358 Wis. 2d 1
, 851 N.W.2d 337
Automatic salary schedules.
Whenever the governing body of any city, village, or town enacts by ordinance a salary schedule for some or all employees and officers of the city, village or town, other than members of the city council or village or town board, the salary schedule may include an automatic adjustment for some or all of the personnel in conformity with fluctuations upwards and downwards in the cost of living, notwithstanding ss. 60.32
, 62.09 (6)
and 62.13 (7)
Collective bargaining. 66.0508(1m)
Except as provided under subch. IV of ch. 111
, no local governmental unit may collectively bargain with its employees.
If a local governmental unit has in effect on June 29, 2011, an ordinance or resolution that is inconsistent with sub. (1m)
, the ordinance or resolution does not apply and may not be enforced.
Each local governmental unit that is collectively bargaining with its employees shall determine the maximum total base wages expenditure that is subject to collective bargaining under s. 111.70 (4) (mb) 2.
, calculating the consumer price index change using the same method the department of revenue uses under s. 73.03 (68)
History: 2011 a. 10
Sub. (1m)'s plain language prohibits municipal employers from reaching binding agreements with their general employees on a collective basis, if the agreement concerns anything other than the employees' base wages. Sub. (1m) does not violate union members' rights to petition the government for redress of grievances, nor do 2011 Act 10
's various restrictions, in their cumulative effect, violate their associational rights. Laborers Local 236, AFL-CIO v. Walker, 749 F. 3d 628
66.0508 Annotation2011 Act 10
's various restrictions, in their cumulative effect, do not violate union members' associational rights. The 1st amendment does not require the state to maintain policies that allow certain associations to thrive. For the most part, the Bill of Rights enshrines negative liberties. It directs what government may not do to its citizens, rather than what it must do for them. Laborers Local 236, AFL-CIO v. Walker, 749 F. 3d 628
66.0508 Annotation2011 Act 10
's treatment of union employees and individual employees did not infringe fundamental 1st amendment rights and did not violate equal protection. Wisconsin is not treating employees differently based on the employees' exercise of their associational rights. Act 10 does not mandate any form of unfavorable treatment for union members. These employees still possess every right, and are given every opportunity, that the state grants to their colleagues who elect not to join a union, but Wisconsin has refused to participate in an activity that the represented employees want the state to engage in. Laborers Local 236, AFL-CIO v. Walker, 749 F. 3d 628
Civil service system; veterans preference. 66.0509(1)(1)
Any city or village may proceed under s. 61.34 (1)
, 62.11 (5)
to establish a civil service system of selection, tenure and status, and the system may be made applicable to all municipal personnel except the chief executive and members of the governing body, members of boards and commissions including election officials, employees subject to s. 62.13
, members of the judiciary and supervisors. Any town may establish a civil service system under this subsection. For veterans there shall be no restrictions as to age, and veterans and their spouses shall be given preference points in accordance with s. 63.08 (1) (fm)
. The system may also include uniform provisions in respect to attendance, leave regulations, compensation and payrolls for all personnel included in the system. The governing body of any city, village or town establishing a civil service system under this section may exempt from the system the librarians and assistants subject to s. 43.09 (1)
A local governmental unit, as defined in s. 66.0131 (1) (a)
, that does not have a civil service system on June 29, 2011, shall establish a grievance system not later than October 1, 2011.
To comply with the grievance system that is required under par. (a)
, a local governmental unit may establish either a civil service system under any provision authorized by law, to the greatest extent practicable, if no specific provision for the creation of a civil service system applies to that local governmental unit, or establish a grievance procedure as described under par. (d)
Any civil service system that is established under any provision of law, and any grievance procedure that is created under this subsection, shall contain at least all of the following provisions:
If a local governmental unit creates a grievance procedure under this subsection, the procedure shall contain at least all of the following elements:
A written document specifying the process that a grievant and an employer must follow.
An appeal process in which the highest level of appeal is the governing body of the local governmental unit.
If an employee of a local governmental unit is covered by a civil service system on June 29, 2011, and if that system contains provisions that address the provisions specified in par. (c)
, the provisions that apply to the employee under his or her existing civil service system continue to apply to that employee.
Any town may establish a civil service system under sub. (1)
and in the departments that the town board may determine. Any person who has been employed in a department for more than 5 years before the establishment of a civil service system applicable to that department is eligible to appointment without examination.
Any town not having a civil service system and having exercised the option of placing assessors under civil service under s. 60.307 (3)
may establish a civil service system for assessors under sub. (1)
, unless the town has come within the jurisdiction of a county assessor under s. 70.99
When any town has established a system of civil service, the ordinance establishing the system may not be repealed for a period of 6 years after its enactment, and after the 6-year period it may be repealed only by proceedings under s. 9.20
by referendum vote. This subsection does not apply if a town comes, before the expiration of the 6 years, within the jurisdiction of a county assessor under s. 70.99
Any civil service system established under the provisions of this section shall provide for the appointment of a civil service board or commission and for the removal of the members of the board or commission for cause by the mayor with approval of the council, by the city manager and the council in a city organized under ss. 64.01
, and by the board in a village or town.
All examinations given in a civil service system established under this section, including minimum training and experience requirements, for positions in the classified service shall be job-related in compliance with appropriate validation standards and shall be subject to the approval of the board or commission appointed under sub. (4)
. All relevant experience, whether paid or unpaid, shall satisfy experience requirements.
A county's grievance procedure that excluded the plaintiff's dismissal from being grieved violated sub. (1m)'s mandate that the grievance procedure address terminations. Not all employee separations are “terminations" within the meaning of sub. (1m). Whatever the precise parameters of “terminations," the term is not commonly used to describe situations where an employee voluntarily quits or retires. However, the action taken against the plaintiff in this case was a termination within the plain meaning of the statute and the denial of the opportunity to grieve the termination was impermissible. Dodge County Professional Employees v. Dodge County, 2014 WI App 8
, 352 Wis. 2d 400
, 842 N.W.2d 500
Neither this section nor the defendant county's grievance policy provided the substantive restrictions necessary to transform the plaintiff's employment into one which could be terminated only for cause. Under Wisconsin law, a dichotomy exists between employment at-will and employment that can be terminated only for cause. Only those employees whose employment falls within the “for cause" category receive due process protections. Even if this section requiring a grievance process and the defendant county's implementation of such a policy moved the plaintiff's employment out of the “at-will" category, there was no evidence of terms limiting the employer's discretion to terminate the plaintiff's employment only for cause. Nesvold v. Roland, 37 F. Supp. 3d 1027