AB213: Bill Text

Cities have express authority under s. 32.05 (intro.) to use the condemnation procedure under that section for the housing and urban renewal authority cited above. (Alternatively, the s. 32.06 procedure may be used.) There is no express authority for villages to use the condemnation procedure under s. 32.05 for these purposes. The failure to expressly include housing and urban renewal condemnations in villages under the 32.05 procedure raises doubt about whether that authority exists in villages by implication.

Because there is no apparent policy rationale for not extending the authority to use the s. 32.05 procedure for condemnations in villages for these purposes, the section is amended to expressly include that authority.

AB213, s. 3 Section 3 . 61.193 of the statutes is created to read:

AB213,5,5 61.193 Establishing and changing compensation for elective offices. (1) In this section, "compensation" means a salary, a per diem compensation for each day or part of a day necessarily devoted to the service of the village and the discharge of duties, or a combination of salary and per diem compensation.

AB213,6,2 (2) Except as provided in sub. (3), and subject to s. 61.32, the compensation for an elective village office shall be established before the earliest time for filing nomination papers for the office or, if nomination papers are not used, before the caucus date determined under s. 8.05 (1) (a). After that time or date, no change may be made in the compensation for the office that applies to the term of office for which the deadline or date applies. The compensation established for an elective office remains in effect for ensuing terms unless changed.

AB213,6,4 (3) In a newly incorporated village, the compensation for an elective office may be established during the first term of office.

Note: Creates a provision for establishing and changing compensation for village elective offices that corresponds to the provision applicable to city elective offices, created by Section 17 of this bill.

The requirement that the compensation, as defined, for an elective village office be established before the earliest time for filing nomination papers for the office or before the caucus date is new. It reflects the principle that compensation for an elective office is for the office, not for a particular individual holding the office. The definition of "compensation" is based on s. 60.32 (2), stats., applicable to town elective offices.

The 2nd and 3rd sentences of par. (b) restate language deleted from current s. 61.32, stats., by Section 8 of this bill, although the current law provision applies only to the village president and trustees and the new language applies more broadly, to all elective officers. Paragraph (c) is new and corresponds with a provision that currently applies to newly incorporated cities. See Sections 17 and 18 of this bill.

Note that periodic increases in compensation for an elective office may be provided, as long as any increase is determined by the stated deadline. In addition, under s. 66.0507, stats., salary may include an automatic adjustment for changes in cost of living (except village board members). See Section 27 of this bill.

AB213, s. 4 Section 4 . 61.23 (1) of the statutes is amended to read:

AB213,6,13 61.23 (1) Except as otherwise provided by law, the term of office of all village officers is 2 years. Persons serving in appointive offices shall serve until their respective successors are appointed and qualify, unless otherwise provided by ordinance. If any officer other than a trustee is absent or temporarily incapacitated from any cause the board may appoint some person to discharge the officer's duties until the officer returns or until such disability is removed. If a trustee is temporarily incapacitated because of physical or mental disability, the board may appoint a person to discharge the trustee's duties until the disability is removed.

Note: Persons serving in appointive offices in a village serve until their respective successors are appointed and qualify. This Section amends current law to provide that a village, by the adoption of an ordinance, may create a different method of determining when the term of an appointed officer ends. See also Section 15 of this bill.

AB213, s. 5 Section 5. 61.31 (title) of the statutes is amended to read:

AB213,7,1 61.31 (title) Peace officers, who are powers.

AB213, s. 6 Section 6. 61.31 (1) of the statutes is repealed.

Note: Repeals the following language: "The president and each trustee shall be officers of the peace, and may suppress in a summary manner any riotous or disorderly conduct in the streets or public places of the village, and may command assistance of all persons under the same penalty for disobedience provided in s. 61.28 [$10 forfeiture].".

There is no corresponding provision that applies to members of the city council. At one time, city council members had the "powers of a city policeman". Section 62.09 (14), 1981-82 stats. That provision was repealed by 1983 Wisconsin Act 210.

There is no apparent policy rationale for extending peace officer status to village presidents and trustees and not extending the same powers to common council members, particularly in light of the former repeal of the latter.

Because it appears the provision is little used and little known, and because of concerns with possible liability, the provision is repealed.

AB213, s. 7 Section 7. 61.31 (2) of the statutes is renumbered 61.31.

AB213, s. 8 Section 8 . 61.32 of the statutes is amended to read:

AB213,8,16 61.32 Village board; meeting; salaries. The trustees of each village shall constitute a board designated the "Village Board of" (name of village) in which shall be vested all the powers of the village not specifically given some other officer. A majority of the members-elect shall constitute a quorum, but a less number may adjourn from time to time. The president shall preside at all meetings when present. In the president's absence the board may select another trustee to preside. Regular meetings shall be held at such time as may be prescribed by their bylaws. Special meetings may be called by any 2 trustees in writing, filed with the clerk, who shall thereupon seasonably notify all the trustees of the time and place thereof in the manner directed by the bylaws. All meetings shall be open to the public. The board shall keep a record of all its proceedings, and if there is a newspaper published in any village, the board shall cause the proceedings to be published therein as a class 1 notice, under ch. 985. The proceedings for the purpose of publication shall include the substance of every official action taken by the governing body. If there is no newspaper published in the village, the board may cause the proceedings to be published in a newspaper having general circulation in the village, posted in several public places or publicized in some other fashion, in such manner as the board directs. Nothing herein shall be construed as requiring the republication of any proceeding, ordinance or other matter or thing which has already been published according to law, nor shall anything herein be construed to relieve any village from publishing any proceeding, ordinance or other matter or thing required by law to be published. Notwithstanding the provisions of s. 985.08 (4), the fee for any such publication shall not exceed the rates specified in s. 985.08 (1). The board has power to preserve order at its meetings, compel attendance of trustees and punish nonattendance and it shall be judge of the election and qualification of its members. The president and board of trustees of any village, whether operating under general or special law, may by a three-fourths vote of all the members of the village board determine that an annual a salary be paid the president and trustees. Salaries heretofore established shall so remain until changed by ordinance and shall not be increased or diminished during their terms of office.

Note: Section 61.32, stats., provides in part that a village board may, by a three-fourths vote of all the board members, determine that an annual salary be paid the village president and trustees. Section 62.09 (6) (a), stats., provides that salaries, with no reference to whether they are paid annually or on some other basis, shall be paid the mayor or alderpersons of a city only when ordered by a vote of three-fourths of all the members of the common council. This Section amends s. 61.32 to comport with the language of s. 62.09 (6) (a) by removing the requirement that the salaries of a village president and village board members be described as annual salaries. [The village language first appeared in ch. 44, laws of 1905, and the city language first appeared in ch. 326, laws of 1889, Sec. 30.]

The stricken last sentence is restated in s. 61.193, stats., created by Section 3 of this bill.

AB213, s. 9 Section 9. 61.50 (1) of the statutes is amended to read:

AB213,9,12 61.50 (1) Publication of notice of ordinances. Every contract, conveyance, commission, license or other written instrument shall be executed on the part of the village by the president and clerk, unless otherwise provided by resolution or ordinance, sealed with corporate seal, and in pursuance only of authority therefor from the village board. All ordinances and bylaws shall be signed by the president and countersigned by the clerk; and, if any penalty or forfeiture is thereby imposed, the ordinance or bylaw shall be published either in its entirety, as a class 1 notice, under ch. 985, or as a notice, as described under sub. (3) (b), and shall take effect on the day after the publication or a later date if expressly prescribed. If there is no newspaper published in the village, the village board may in lieu of newspaper publication have copies of the ordinances and bylaws posted in at least 3 public places in said village, and proof thereof filed and recorded by the village clerk, and the same shall take effect the day after the proof of posting has been filed and recorded, or at a later date if expressly provided in the ordinance or bylaw.

Note: Section 61.50 (1), stats., in part provides that the village president and clerk must sign every village contract, conveyance, commission license, or other written instrument. In contrast, s. 62.15 (12), stats., specifically provides that a city public works contract must be signed by the mayor and clerk, unless otherwise provided by a city resolution or ordinance. This Section amends current law to provide that the village president and clerk must sign every village contract, conveyance, commission license, or other written instrument, unless otherwise provided by a village resolution or ordinance.

AB213, s. 10 Section 10 . 61.54 of the statutes is repealed and recreated to read:

AB213,9,17 61.54 Public works. All contracts for public construction shall be let by a village board in accordance with s. 62.15. The village board, or a person or body designated by the village board, shall exercise the powers and duties of the board of public works under s. 62.15.

Note: Sections 61.54, 61.55, and 62.15, stats., regulate the manner in which villages and cities contract for public works projects. The basic format is similar for both municipalities: (1) contracts exceeding $25,000 must be let to the lowest responsible bidder; (2) contracts exceeding $5,000 but not greater than $25,000 must be preceded by notice to the public of proposed construction before contract execution; and (3) exceptions to the preceding requirements apply when certain emergencies occur, material or labor is donated, it is determined that bids are fraudulent, collusive, or excessive, or, in the case of city, the work is done directly by the city.

However, s. 62.15, stats., specifically applies the following regulations to the public works contracting process engaged in by a city:

1. A contract may include an escalator clause for additional charges for labor and materials as a result of general inflation. Such a clause may not exceed 15% of the amount bid nor the amount of the increase paid by the contractor. A similar clause may be included for increasing the quantity of construction required in the original contract by an amount not to exceed 15% of the original contract price.

2. When work is let to the lowest responsible bidder, the board of public works must prepare plans, specifications, and a form contract for inspection by potential bidders.

3. A bidder must submit specified financial security as a guarantee that if the bid is accepted, the bidder will execute and file the proper contract and bond.

4. A bidder must provide sufficient sureties or provide financial security during the performance of the contract.

5. The board of public works may reject any bid if, in the board's opinion, any combination has been entered into to prevent free competition. Also, the city's common council may, if in its opinion any of the bids are fraudulent, collusive, excessive, or against the best interests of the city, by resolution adopted by two-thirds of its members, reject any and all bids and direct the work to be done by the city directly under the supervision of the board of public works.

6. If the board of public works determines that a bidder is incompetent to perform the work, the board must report to the council a schedule of all of the bids for the work, together with a recommendation to accept the bid of the lowest responsible bidder. The common council may let the work to that bidder or re-advertise the contract.

7. A public work may be undertaken by the use of patented articles, materials, or processes if the owner of the patent permits the use of the patent or sells it.

8. Different plans and specifications for a public work may be prepared requiring the use of different kinds of materials.

9. A contract may include a provision requiring the contractor to keep the work done under the contract in good order or repair for a period not to exceed 5 years.

10. A specified amount of the contract payment may be retained by the city to ensure adequate performance of the contract.

11. A contractor must maintain barriers and lights to prevent accidents on streets or sidewalks. A contractor also will be liable for all damages caused by the negligent digging up of streets, alleys, or public grounds, or that result from the contractor's carelessness.

12. If an ordinance authorizes any work to be done directly by the city without submitting a proposal for bids, the board of public works must keep an accurate account of the cost of the public work, including necessary overhead expenses. The board must make a complete report of the work to the common council.

Finally, s. 61.56, stats., provides that a village board may elect to comply with the statutory contracting provisions applicable to cities, as described above, in lieu of the more minimal provisions of ss. 61.54 and 61.55, stats.

This Section provides that a village that lets a contract for public construction must comply with the procedures applicable to a city in s. 62.15, stats.

Additional public construction procedures in s. 66.0901, stats., apply to a number of municipal entities, including cities and villages.

AB213, s. 11 Section 11 . 61.55 and 61.56 of the statutes are repealed.

Note: See the Note to Section 10 of this bill.

AB213, s. 12 Section 12. 61.57 of the statutes is amended to read:

AB213,11,8 61.57 Acquisition of recycling or resource recovery facilities without bids. A village may contract for the acquisition of any element of a recycling or resource recovery facility without submitting the contract for bids as required under ss. 61.54 to 61.56 s. 61.54 if the village invites developers to submit proposals to provide a completed project and evaluates proposals according to site, cost, design and the developers' experience in other similar projects.

Note: Revises a cross-reference to reflect the treatment of ss. 61.54 to 61.56, stats., by this bill.

AB213, s. 13 Section 13. 61.65 (1) (a) 2. of the statutes is amended to read:

AB213,11,14 61.65 (1) (a) 2. Contracting for police protective services with a city or town, with another village, or with the a county in which the village is located. A village that contracts for police protective services shall pay the full cost of services provided. A village may not contract with a county to provide all of the village's police protective services under this subdivision.

Note: Current law provides that a village may contract for police protective services with, among other entities, a county in which the village is located. This Section amends the law to provide that a village may contract with any county for this purpose. (Note that the authority of a village to contract with a county for all of its police protective services is controlled by s. 61.65 (1) (a) 4., stats.) Section 66.0301 (2), stats., also allows a municipality to contract with another municipality for services; this authority is to be liberally construed. See also Section 21 of this bill.

AB213, s. 14 Section 14 . 62.09 (1) (a) of the statutes is amended to read:

AB213,12,11 62.09 (1) (a) The officers shall be a mayor, treasurer, clerk, comptroller, attorney, engineer, one or more assessors unless the city is assessed by a county assessor under s. 70.99, one or more constables as determined by the common council, a local health officer, as defined in s. 250.01 (5), or local board of health, as defined in s. 250.01 (3), street commissioner, board of police and fire commissioners except in cities where not applicable, chief of police except in a city that has contracted for all of its police protective services under s. 62.13 (2g) or has abolished its police department under s. 62.13 (2s), chief of the fire department except in a city that contracted for all of its fire protective services under s. 62.13 (8) (b), board of public works, 2 alderpersons from each aldermanic district, and such other officers or boards as are created by law or by the council. If one alderperson from each aldermanic district is provided under s. 66.0211 (1), the council may, by ordinance adopted by a two-thirds vote of all its members and approved by the electors at a general or special election, provide that there shall be 2 alderpersons from each aldermanic district.

Note: Revises cross-references to reflect the treatment of s. 62.13 (2g) and (8) (b), stats., by this bill. If a city contracts for all of its police or fire protective services under these statutory provisions, the officers of the city will not include a chief of police or a chief of the fire department, respectively.

AB213, s. 15 Section 15 . 62.09 (5) (e) of the statutes is created to read:

AB213,12,15 62.09 (5) (e) Persons serving in appointive offices shall serve until their respective successors are appointed and qualify, unless otherwise provided by ordinance.

Note: Section 61.23 (1), stats., provides that persons serving in appointive village offices will serve until their respective successors are appointed and qualify. There is no similar statutory provision for appointive city officers. This Section creates s. 62.09 (5) (e) as a parallel to the law applicable in villages by requiring that appointive city officers serve in their offices until their respective successors are appointed and qualify. Consistent with the amendment of s. 61.23 (1) by Section 4 of this bill, a city by ordinance may provide a different method of determining when the term of an appointed officer ends.

AB213, s. 16 Section 16. 62.09 (6) (a) of the statutes is amended to read:

AB213,12,19 62.09 (6) (a) Salaries shall be paid the mayor or alderpersons only when ordered by a vote of three-fourths of all the members of the council. Salaries heretofore established shall so remain until changed by ordinance.

Note: This change is similar to the change made in s. 61.32 in Section 8 of this bill. The deleted language is restated in s. 62.09 (6) (am) 2., although the current law provision applies only to a mayor and alderpersons and the language in s. 62.09 (6) (am) 2. applies, more broadly, to all elective officers.

AB213, s. 17 Section 17 . 62.09 (6) (am) of the statutes is created to read:

AB213,13,5 62.09 (6) (am) 1. In this paragraph, "compensation" means a salary, a per diem compensation for each day or part of a day necessarily devoted to the service of the city and the discharge of duties, or a combination of salary and per diem compensation.

AB213,13,11 2. Except as provided in subd. 3., and subject to par. (a), the compensation for an elective city office shall be established before the earliest time for filing nomination papers for the office. After that time, no change may be made in the compensation for the office that applies to the term of office for which the deadline applies. The compensation established for an elective office remains in effect for ensuing terms unless changed.

AB213,13,13 3. In a newly incorporated city, the compensation for an elective office may be established during the first term of office.

Note: Creates a provision for establishing and changing compensation for city elective offices that corresponds to the provision applicable to village elective offices, created by Section 3 of this bill. The provision replaces current s. 62.09 (6) (b), stats., repealed by Section 18 of this bill.

Unlike repealed s. 62.09 (6) (b), this provision does not include compensation for appointive city officers with definite terms. It was concluded there is no policy reason for including appointive offices in the provision.

The requirement that the compensation, as defined, for an elective city office be established before the earliest time for filing nomination papers for the office is new. It reflects the principle that compensation for an elective office is for the office, not for a particular individual holding the office. The definition of "compensation" is based on s. 60.32 (2), stats., applicable to town elective offices.

The 2nd and 3rd sentences of subd. 2. restate language deleted from current s. 61.32, stats., by Section 8 of this bill, although the current law provision applies only to a village president and trustees and the new language applies more broadly, to all elective officers.

Subdivision 3. restates the last sentence of repealed s. 62.09 (6) (b).

Note that periodic increases in compensation for an elective office may be provided, as long as any increase is determined by the stated deadline. In addition, under s. 66.0507, stats., salary may include an automatic adjustment for changes in cost of living (except city council members). See Section 27 of this bill.

AB213, s. 18 Section 18 . 62.09 (6) (b) of the statutes is repealed.

Note: Repeals the following statutory language: "Whenever such salaries are to be changed or established the council shall, not later than the first regular meeting in February, fix the amount of salary of each officer entitled to a salary who may be elected or appointed for a definite term during the ensuing year. In cities newly incorporated, the compensation of the first officers may be fixed during their terms.".

The last sentence of this repealed provision is replaced by a similar provision, s. 62.09 (6) (am) 3., stats., created by Section 17 of this bill. The repealed language has been characterized as confusing and there is no counterpart or corresponding provision that applies to villages.

AB213, s. 19 Section 19 . 62.09 (11) (g) of the statutes is repealed.

Note: Repeals the following directive to the city clerk: "By March 15 the clerk shall publish as a class 1 notice, under ch. 985, a statement showing the receipts and disbursements as to each fund during the preceding fiscal year. This shall not apply to cities operating under s. 64.34.". There is no corresponding requirement imposed on village clerks. (The provision can be traced to 1889: see Sec. 41, ch. 236, laws of 1889; s. 925h, sub. 41, 1889, stats.)

In addition to the above requirement imposed on city clerks, both cities and villages must annually publish a budget summary which, among other things, must include for both the current budget and the proposed budget "revenue and expenditure totals, by fund, for each governmental fund, and for each proprietary fund and the revenue and expenditure totals for all funds combined". Section 65.90 (3) (b) 6., stats. Thus, the repealed provision overlaps the requirements of s. 65.90, with the exception of the timing of the publication.

Based on a sampling of cities, it appears that the publication requirement of s. 62.09 (11) (g) may typically be met by publication of the budget summary information under s. 65.90 (3) (b). This may reflect not only the redundancy of 2 publications but also the difficulty of obtaining audited expenditures for the prior year in time to meet the March 15 publication deadline under s. 62.09 (11) (g).

Because s. 62.09 (11) (g) overlaps other requirements and because there is no policy rationale for it to apply to cities and not villages, the provision is repealed.

AB213, s. 20 Section 20 . 62.13 (1) of the statutes is amended to read:

AB213,15,2 62.13 (1) Commissioners. Except as provided in subs. (2g), (2m) and, (2s), and (8) (b) each city shall have a board of police and fire commissioners consisting of 5 citizens, 3 of whom shall constitute a quorum. The mayor shall annually, between the last Monday of April and the first Monday of May, appoint in writing to be filed with the secretary of the board, one member for a term of 5 years. No appointment shall be made which will result in more than 3 members of the board belonging to the same political party. The board shall keep a record of its proceedings.

Note: See Sections 14 , 21, and 23 and the Notes thereto.

AB213, s. 21 Section 21 . 62.13 (2g) of the statutes is created to read:

AB213,15,14 62.13 (2g) Contracting for police protective services. A city may enter into a contract for police protective services with a village, a town, another city, or a county. A city that contracts for police protective services shall pay the full cost of services provided. A city that contracts for all of its police protective services under this subsection and for all of its fire protective services under sub. (8) (b) is not required to have a board of police and fire commissioners. A city that contracts for all of its police protective services under this subsection, but not for all of its fire protective services under sub. (8) (b), shall have a board of police and fire commissioners under this section, but the board may only address issues related to the fire department. A city may not contract with a county to provide all of the city's police protective services under this subsection.

Note: This Section allows a city, like a village, to contract for police protective services with a village, a town, another city, or a county. The city must pay the full cost of services provided. If a city contracts under this provision with another city, village, or town for all of its police protective services, the city is not required to have a board of police and fire commissioners, but it must retain such a board if it continues to provide fire protective services. (Note that the authority of a city to contract with a county for all of its police protective services is controlled by current s. 62.13 (2s), stats.) Section 66.0301 (2), stats., also allows a municipality to contract with another municipality for services; this authority is to be liberally construed.

AB213, s. 22 Section 22 . 62.13 (8) of the statutes is renumbered 62.13 (8) (a).