LRB-1973/1
MES:cjs:pg
2003 - 2004 LEGISLATURE
April 15, 2003 - Introduced by Representatives Ziegelbauer, Musser, Berceau,
Bies, Gottlieb, Hundertmark, Jeskewitz, F. Lasee, M. Lehman, Loeffelholz,
Miller, Nass, Ott and
Petrowski, cosponsored by Senators Leibham, Cowles,
Harsdorf, Jauch and
Risser. Referred to Committee on Urban and Local
Affairs.
AB262,1,8
1An Act to amend 40.02 (48) (am) 22., 40.02 (48) (c), 60.57 (1) (c), 61.66, 62.09 (1)
2(a), 62.09 (13) (a), 62.09 (13) (b), 62.13 (3), 62.13 (6) (a) 1., 62.13 (6) (a) 2., 62.13
3(6) (a) 3., 62.13 (6m) (intro.), 62.13 (7m), 62.13 (7n), 62.13 (10m), 62.13 (11),
462.13 (12), 111.70 (1) (a), 891.45 (1) (b), 891.455 (1), 951.01 (3f), 990.01 (7g),
5990.01 (7m), 990.01 (7r), 990.01 (28g), 990.01 (28m) and 990.01 (28r); and
to
6create 60.55 (1) (a) 5., 60.553, 60.56 (1) (a) 4. and 62.13 (2s) of the statutes;
7relating to: authorizing cities and towns, and expanding the authority of
8villages, to create combined protective services departments.
Analysis by the Legislative Reference Bureau
Generally under current law a village with a population of at least 5,000 is
required to provide police protection services by creating its own police department,
by contracting for police protection services with a city, village, or town, or by creating
a joint police department with another city, village, or town. Also under current law,
in general, a village with a population of at least 5,500 is required to provide fire
protection services by creating its own fire department, by contracting for fire
protection services with a city, village, or town, or by creating a joint fire department
with another city, village, or town.
Current law also authorizes a village with a population of less than 20,000 to
provide police and fire protection services in one of two additional ways. The first
way is by using a combined protective services department, which is neither a police
department nor a fire department, which was created before January 1, 1987, and
in which the same person may be required to perform police protection and fire
protection duties, subject to some limitations on consecutive hours that may be
worked in police protection. The second way is by requiring persons in a police
department or fire department, alone or in combination with persons designated as
police officers or fire fighters, to perform police protection and fire protection duties,
subject to some limitations on consecutive hours that may be worked in police
protection. In either case, the village may designate any person required to perform
police protection and fire protection duties as primarily a police officer or fire fighter
for purposes related to presumptions related to certain employment-related
diseases.
Generally under current law, 2nd, 3rd, and 4th class cities (presently all cities
other than Milwaukee) with populations of at least 4,000 must have police
departments and fire departments, and may have joint departments with other
cities, villages, or towns. Such cities are generally required to have a board of police
and fire commissioners, which appoint the police and fire chiefs who, in turn, appoint
subordinates subject to approval by the board.
Under a decision of the Wisconsin Supreme Court, Local Union No. 487,
IAFF-CIO, v. City of Eau Claire, 147 Wis. 2d 519 (1989), cities may not create
combined protective services departments or require persons in a police department
or fire department, alone or in combination with persons designated as police officers
or fire fighters, to perform police protection and fire protection duties.
This bill authorizes 2nd, 3rd, and 4th class cities, and towns, to provide police
and fire protection services in the same two additional ways that certain villages may
do so, either by creating a combined protective services department which is neither
a police department nor a fire department and in which the same person may be
required to perform police protection and fire protection duties, or by requiring
persons in a police department or fire department, alone or in combination with
persons designated as police officers or fire fighters, to perform police protection and
fire protection duties. The bill also removes the limitations on villages such that any
village may use a combined protective services department and may require persons
in a police department or fire department to perform police protection and fire
protection duties.
Under the bill, cities, villages, and towns may designate any person who is
required to perform police protection and fire protection duties as primarily a police
officer or fire fighter for purposes relating to rest days, consecutive hours worked,
hours of labor, rules for leaving the city, and presumptions related to certain
employment-related diseases. These requirements and limitations that apply to
persons designated as primarily a police officer or fire fighter under the bill apply to
police officers and fire fighters under current law. If a city creates a combined
protective services department, the city must create a chief of the department and
must abolish the offices of chief of police and fire chief. The chief of a combined
protective services department has the same authority as the chief of police and fire
chief had.
For further information see the state and 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:
AB262, s. 1
1Section
1. 40.02 (48) (am) 22. of the statutes is amended to read:
AB262,3,32
40.02
(48) (am) 22. A person employed under s.
60.553 (1), 61.66 (1)
, or 62.13
3(2s) (a).
AB262, s. 2
4Section
2. 40.02 (48) (c) of the statutes is amended to read:
AB262,3,165
40.02
(48) (c) In s. 40.65, "protective occupation participant" means a
6participating employee who is a police officer, fire fighter, an individual determined
7by a participating employer under par. (a) or (bm) to be a protective occupation
8participant, county undersheriff, deputy sheriff, state probation and parole officer,
9county traffic police officer, conservation warden, state forest ranger, field
10conservation employee of the department of natural resources who is subject to call
11for forest fire control or warden duty, member of the state traffic patrol, state motor
12vehicle inspector, University of Wisconsin System full-time police officer, guard or
13any other employee whose principal duties are supervision and discipline of inmates
14at a state penal institution, excise tax investigator employed by the department of
15revenue, person employed under s.
60.553 (1), 61.66 (1)
, or 62.13 (2s) (a), or special
16criminal investigation agent employed by the department of justice.
AB262, s. 3
17Section
3. 60.55 (1) (a) 5. of the statutes is created to read:
AB262,3,1918
60.55
(1) (a) 5. Creating a combined protective services department under s.
1960.553.
AB262, s. 4
20Section
4. 60.553 of the statutes is created to read:
AB262,4,2
160.553 Combined protective services. (1) Any town may provide police and
2fire protection services by any of the following:
AB262,4,83
(a) A combined protective services department which is neither a police
4department under s. 60.56 (1) (a) nor a fire department under s. 60.55 (1) (a), and in
5which the same person may be required to perform police protection and fire
6protection duties without being required to perform police protection duties for more
7than 8 hours in each 24 hours except in emergency situations, as described under s.
862.13 (7n).
AB262,4,139
(b) Persons in a police department or fire department who, alone or in
10combination with persons designated as police officers or fire fighters, may be
11required to perform police protection and fire protection duties without being
12required to perform police protection duties for more than 8 hours in each 24 hours
13except in emergency situations, as described under s. 62.13 (7n).
AB262,4,17
14(2) The governing body of a town acting under sub. (1) may designate any
15person required to perform police protection and fire protection duties under sub. (1)
16as primarily a police officer or fire fighter for purposes described in s. 62.13 (7m), (7n),
17(10m), and (11) and s. 891.45 or 891.455.
AB262, s. 5
18Section
5. 60.56 (1) (a) 4. of the statutes is created to read:
AB262,4,2019
60.56
(1) (a) 4. Creating a combined protective services department under s.
2060.553.
AB262, s. 6
21Section
6. 60.57 (1) (c) of the statutes is amended to read:
AB262,4,2322
60.57
(1) (c) If the town has both a police and fire department,
or a combined
23protective services department, establish a board of police and fire commissioners.
AB262, s. 7
24Section
7. 61.66 of the statutes is amended to read:
AB262,5,3
161.66 Combined protective services. (1) Notwithstanding s. 61.65 (1) (a),
2(2) (a) and (3g) (d) 2., any village
with a population of less than 20,000 may provide
3police and fire protection services by any of the following:
AB262,5,94
(a) A
combined protective services department which is neither a police
5department under s. 61.65 (1) (a) nor a fire department under s. 61.65 (2) (a)
, which
6was created prior to January 1, 1987, and in which the same person may be required
7to perform police protection and fire protection duties without being required to
8perform police protection duties for more than 8 hours in each 24 hours except in
9emergency situations, as
specified described under s. 62.13 (7n).
AB262,5,1510
(b) Persons in a police department or fire department who, alone or in
11combination with persons designated as police officers or fire fighters, may be
12required to perform police protection and fire protection duties without being
13required to perform police protection duties for more than 8 hours in each 24 hours
14except in emergency situations, as
specified described under s. 62.13 (7n)
, if those
15persons were required to perform those duties prior to January 1, 1987.
AB262,5,19
16(2) The governing body of a village acting under sub. (1) may designate any
17person required to perform police protection and fire protection duties under sub. (1)
18as primarily a police officer or fire fighter for purposes
of described in s. 62.13 (7m),
19(7n), (10m), and (11) and s. 891.45 or 891.455.
AB262, s. 8
20Section
8. 62.09 (1) (a) of the statutes is amended to read:
AB262,6,1121
62.09
(1) (a) The officers shall be a mayor, treasurer, clerk, comptroller,
22attorney, engineer, one or more assessors unless the city is assessed by a county
23assessor under s. 70.99, one or more constables as determined by the common
24council, a local health officer, as defined in s. 250.01 (5), or local board of health, as
25defined in s. 250.01 (3), street commissioner, board of police and fire commissioners
1except in cities where not applicable, chief of police
except in cities where not
2applicable, chief of the fire department
except in cities where not applicable, chief of
3combined protective services department except in cities where not applicable, board
4of public works, 2 alderpersons from each aldermanic district, and such other officers
5or boards as are created by law or by the council. If one alderperson from each
6aldermanic district is provided under s. 66.0211 (1), the council may, by ordinance
7adopted by a two-thirds vote of all its members and approved by the electors at a
8general or special election, provide that there shall be 2 alderpersons from each
9aldermanic district.
If a city creates a combined protective services department
10under s. 62.13 (2s) (a) 1., it shall create the office of chief of such a department and
11shall abolish the offices of chief of police and chief of the fire department.
AB262, s. 9
12Section
9. 62.09 (13) (a) of the statutes is amended to read:
AB262,7,213
62.09
(13) (a) The chief of police shall have command of the police force of the
14city
, or the chief of a protective services department created under s. 62.13 (2s) (a)
151. shall have command of the combined protective services force, under the direction
16of the mayor. The chief shall obey all lawful written orders of the mayor or common
17council. The chief and each police officer
or combined protective services officer shall
18possess the powers, enjoy the privileges and be subject to the liabilities conferred and
19imposed by law upon constables, and be taken as included in all writs and papers
20addressed to constables; shall arrest with or without process and with reasonable
21diligence take before the municipal judge or other proper court every person found
22in the city engaged in any disturbance of the peace or violating any law of the state
23or ordinance of the city and may command all persons present in that case to assist,
24and if any person, being so commanded, refuses or neglects to render assistance the
25person shall forfeit not exceeding $10. They shall collect the same fees prescribed
1for sheriffs in s. 814.70 for similar services, unless a higher fee is applicable under
2s. 814.705 (1) (b).
AB262, s. 10
3Section
10. 62.09 (13) (b) of the statutes is amended to read:
AB262,7,64
62.09
(13) (b) The chief of police
, or the chief of a protective services department
5created under s. 62.13 (2s) (a) 1., shall have charge of all city jails, including that
6portion of any jail which is used by the city in a joint city-county building.
AB262, s. 11
7Section
11. 62.13 (2s) of the statutes is created to read:
AB262,7,98
62.13
(2s) Combined protective services. (a) A city may provide police and fire
9protection services by any of the following:
AB262,7,1510
1. A combined protective services department which is neither a police
11department as otherwise constituted under this section nor a fire department as
12otherwise constituted under this section, in which the same person may be required
13to perform police protection and fire protection duties without being required to
14perform police protection duties for more than 8 hours in each 24 hours except in
15emergency situations, as specified under s. 62.13 (7n).
AB262,7,2016
2. Persons in a police department or fire department who, alone or in
17combination with persons designated as police officers or fire fighters, may be
18required to perform police protection and fire protection duties without being
19required to perform police protection duties for more than 8 hours in each 24 hours
20except in emergency situations, as specified under s. 62.13 (7n).
AB262,7,2421
(b) The governing body of a city acting under par. (a) may designate any person
22required to perform police protection and fire protection duties under par. (a) as
23primarily a police officer or fire fighter for purposes of subs. (7m), (7n), (10m), and
24(11) and s. 891.45 or 891.455.
AB262, s. 12
25Section
12. 62.13 (3) of the statutes is amended to read:
AB262,8,4
162.13
(3) Chiefs. The board shall appoint the chief of police and the chief of the
2fire department
or, if applicable, the chief of a protective services department, who
3shall hold their offices during good behavior, subject to suspension or removal by the
4board for cause.
AB262, s. 13
5Section
13. 62.13 (6) (a) 1. of the statutes is amended to read:
AB262,8,86
62.13
(6) (a) 1. To organize and supervise the fire and police
, or combined
7protective services, departments and to prescribe rules and regulations for their
8control and management.
AB262, s. 14
9Section
14. 62.13 (6) (a) 2. of the statutes is amended to read:
AB262,8,1310
62.13
(6) (a) 2. To contract for and purchase all necessary apparatus and
11supplies for the use of the departments under their supervision, exclusive of the
12erection and control of the police
and, fire station
, and combined protective services 13buildings.
AB262, s. 15
14Section
15. 62.13 (6) (a) 3. of the statutes is amended to read:
AB262,8,1715
62.13
(6) (a) 3. To audit all bills, claims and expenses of the fire
and, police
, and
16combined protective services departments before the same are paid by the city
17treasurer.
AB262, s. 16
18Section
16. 62.13 (6m) (intro.) of the statutes is amended to read:
AB262,8,2519
62.13
(6m) (intro.) If a city of less than 4,000 population has not by ordinance
20applied subs. (1) to (6) to the city, the city may not suspend, reduce, suspend and
21reduce, or remove any police chief
, protective services chief, or other law enforcement
22officer who is not probationary, and for whom there is no valid and enforceable
23contract of employment or collective bargaining agreement which provides for a fair
24review prior to that suspension, reduction, suspension and reduction or removal,
25unless the city does one of the following:
AB262, s. 17
1Section
17. 62.13 (7m) of the statutes is amended to read:
AB262,9,112
62.13
(7m) Rest day. (a) The council of every city of the fourth class shall
3provide for, and the chief of the police department,
or the chief of the combined
4protective services department, shall assign to, each police officer
, or each
5subordinate designated as primarily a police officer under sub. (2s) (b), in the service
6of such city one full rest day of 24 consecutive hours during each 192 hours, except
7in cases of positive necessity by some sudden and serious emergency, which, in the
8judgment of the chief of police
, or the chief of the combined protective services
9department, demands that such day of rest not be given at such time. Arrangements
10shall be made so that each full rest day may be had at such time or times as will not
11impair the efficiency of the department.
AB262,9,2212
(b) The council of every city of the second or third class shall provide for, and
13the chief of the police department
, or the chief of the combined protective services
14department, shall assign to, each police officer
, or each subordinate designated as
15primarily a police officer under sub. (2s) (b), in the service of such city 2 full rest days
16of 24 consecutive hours each during each 192 hours, except in cases of positive
17necessity by some sudden and serious emergency, which, in the judgment of the chief
18of police
, or the chief of the combined protective services department, demands that
19any such day of rest not be given at such time. Arrangements shall be made so that
20each full rest day may be had at such time or times as will not impair the efficiency
21of the department. This section shall not apply to villages to which s. 61.65 is
22applicable.
AB262, s. 18
23Section
18. 62.13 (7n) of the statutes is amended to read:
AB262,9,2524
62.13
(7n) Hours of labor. Except when a labor agreement under subch. IV
25of ch. 111 that governs hours of employment exists, the council of every 2nd, 3rd or
14th class city shall provide for a working day of not more than 8 hours in each 24
2except in cases of positive necessity by some sudden and serious emergency, which,
3in the judgment of the chief of police,
or the chief of the combined protective services, 4demands that such workday shall be extended beyond the 8-hour period at such
5time; and, when such emergency ceases to exist, all overtime given during such
6emergency shall be placed to the credit of such police officer,
or each subordinate
7designated as primarily a police officer under sub. (2s) (b), and compensatory time
8under s. 103.025 given therefor.
AB262, s. 19
9Section
19. 62.13 (10m) of the statutes is amended to read:
AB262,10,1410
62.13
(10m) Rules governing leaving city. Subject to approval of the common
11council the fire chief
, or the chief of the combined protective services department, 12may establish rules requiring fire fighters
, or each subordinate designated as
13primarily a fire fighter under sub. (2s) (b), to obtain permission before leaving the
14city.
AB262, s. 20
15Section
20. 62.13 (11) of the statutes is amended to read:
AB262,10,2516
62.13
(11) Fire fighters, rest day. The common council of every 4th class city,
17having a population of 5,000 or more and a fire department
, or a combined protective
18services department, shall provide for, and the chief of the fire department
or
19combined protective services department shall assign to each full paid member
20thereof of the fire department or subordinate designated as primarily a fire fighter
21under sub. (2s) (b), a period of 24 consecutive hours off duty during each 72 hours,
22except in cases of positive necessity by some sudden and serious fire, accident or
23other peril, which, in the judgment of the chief engineer or other officer in charge
24demands that the day of rest not be given at that time. The provisions of this section
25shall not apply to cities having a 2-platoon or double shift system.
AB262, s. 21
1Section
21. 62.13 (12) of the statutes is amended to read:
AB262,11,52
62.13
(12) Legislative intent. Section 62.13 and
chapter 589, laws of 1921,
3chapter 423, laws of 1923, and
chapter 586, laws of 1911, shall be construed as an
4enactment of statewide concern for the purpose of providing a uniform regulation of
5police
and, fire
, and combined protective services departments.
AB262, s. 22
6Section
22. 111.70 (1) (a) of the statutes is amended to read:
AB262,12,47
111.70
(1) (a) "Collective bargaining" means the performance of the mutual
8obligation of a municipal employer, through its officers and agents, and the
9representative of its municipal employees in a collective bargaining unit, to meet and
10confer at reasonable times, in good faith, with the intention of reaching an
11agreement, or to resolve questions arising under such an agreement, with respect to
12wages, hours and conditions of employment, and with respect to a requirement of the
13municipal employer for a municipal employee to perform law enforcement and fire
14fighting services under s.
60.553 (1), 61.66
, or 62.13 (2s) (a), except as provided in sub.
15(4) (m) and s. 40.81 (3) and except that a municipal employer shall not meet and
16confer with respect to any proposal to diminish or abridge the rights guaranteed to
17municipal employees under ch. 164. The duty to bargain, however, does not compel
18either party to agree to a proposal or require the making of a concession. Collective
19bargaining includes the reduction of any agreement reached to a written and signed
20document. The municipal employer shall not be required to bargain on subjects
21reserved to management and direction of the governmental unit except insofar as the
22manner of exercise of such functions affects the wages, hours and conditions of
23employment of the municipal employees in a collective bargaining unit. In creating
24this subchapter the legislature recognizes that the municipal employer must
25exercise its powers and responsibilities to act for the government and good order of
1the jurisdiction which it serves, its commercial benefit and the health, safety and
2welfare of the public to assure orderly operations and functions within its
3jurisdiction, subject to those rights secured to municipal employees by the
4constitutions of this state and of the United States and by this subchapter.
AB262, s. 23
5Section
23. 891.45 (1) (b) of the statutes is amended to read:
AB262,12,96
891.45
(1) (b) "Municipal fire fighter" includes any person designated as
7primarily a fire fighter under s.
60.553 (2), 61.66 (2)
, or 62.13 (2s) (b) and any person
8under s.
60.553, 61.66
, or 62.13 (2s) whose duties as a fire fighter during the 5-year
9qualifying period took up at least two-thirds of his or her working hours.
AB262, s. 24
10Section
24. 891.455 (1) of the statutes is amended to read:
AB262,12,1411
891.455
(1) In this section, "state, county, or municipal fire fighter" means a
12fire fighter who is covered under s. 891.45 and any person under s.
60.553, 61.66
, or
1362.13 (2s) whose duties as a fire fighter during the 10-year qualifying period
14specified in sub. (2) took up at least two-thirds of his or her working hours.