LRB-0048/1
MES:kmg:jf
1999 - 2000 LEGISLATURE
May 25, 1999 - Introduced by Senators Welch, Darling and Panzer, cosponsored
by Representatives Hahn, Hundertmark, Stone, Musser, Albers, Olsen,
Kreibich, Sykora and
Grothman. Referred to Committee on Economic
Development, Housing and Government Operations.
SB174,1,4
1An Act to renumber and amend 66.11 (4); and
to create 66.11 (4) (a) to (c) of
2the statutes;
relating to: the compatibility of the offices of elected member of
3a local governing body and employe of a certain department of that unit of
4government.
Analysis by the Legislative Reference Bureau
In general, under a number of state supreme court decisions, the doctrine of
compatibility holds that one person cannot hold two offices if one office is superior
to another in some respect and that the superior office makes decisions about the
other office such that the duties exercised under each might conflict to the public
detriment. The doctrine applies "where the nature and duties of town offices were
such as to render it improper from considerations of public policy for one person to
discharge the duties of both" (Martin v. Smith, 239 Wis. 314, 326 (1941)), and
prohibits a person from holding both a public office and an incompatible position of
public employment.
A specific statutory exception to the doctrine authorizes a volunteer fire fighter
or emergency medical technician in a city, village or town whose annual
compensation, including fringe benefits, does not exceed $2,500 to simultaneously
hold an elected office in that city, village or town.
This bill creates a similar statutory exception for an employe of a local
recreation department. Under the bill, such an employe of a city, village or town
whose annual compensation, including fringe benefits, does not exceed $2,500 may
simultaneously hold an elected office in that city, village or town.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB174, s. 1
1Section
1. 66.11 (4) of the statutes is renumbered 66.11 (4) (intro.) and
2amended to read:
SB174,2,83
66.11
(4) Compatible offices and positions. (intro.)
A volunteer fire fighter
4or emergency medical technician An individual who holds an elected office in a city,
5village or town may also hold any of the following positions in
a that city, village or
6town
whose if the individual's annual compensation
for that position, including
7fringe benefits, does not exceed $2,500
may also hold an elected office in that city,
8village or town.:
SB174, s. 2
9Section
2. 66.11 (4) (a) to (c) of the statutes are created to read:
SB174,2,1010
66.11
(4) (a) Volunteer fire fighter.
SB174,2,1111
(b) Emergency medical technician.
SB174,2,1212
(c) Employe of a city, village or town recreation department.
