66.0435 History
History: 1999 a. 5;
1999 a. 150 ss.
112,
158 to
161; Stats. 1999 s. 66.0435;
2005 a. 298;
2007 a. 11.
66.0435 Cross-reference
Cross-reference: See also ch.
ATCP 125, Wis. adm. code.
66.0435 Annotation
A license issued without prior approval of park plans is void and the owner cannot complain if it is revoked. A mobile home park zoning ordinance adopted without compliance with the notice of hearing requirements of s. 60.74 (2) [now 60.61 (4)] is void. Edelbeck v. Town of Theresa,
57 Wis. 2d 172,
203 N.W.2d 694 (1973).
66.0435 Annotation
The time for appeal under sub. (2) (d) begins on the date of the action revoking the license, not on the effective date of the revocation. Reusch v. City of Baraboo,
85 Wis. 2d 294,
270 N.W.2d 229 (1978).
66.0435 Annotation
A town had authority outside this section to require a building permit for a mobile home located outside a mobile home park and that the mobile home be connected to a well and septic system. Town of Clearfield v. Cushman,
150 Wis. 2d 10,
440 N.W.2d 777 (1989).
66.0435 Annotation
A state university is not subject to local licensing in the operation of a university mobile home park. 60 Atty. Gen. 7.
66.0435 Annotation
A town cannot have a more restrictive ordinance regulating use and location of mobile homes outside of mobile home parks than the county. 60 Atty. Gen. 131.
66.0435 Annotation
A town board that has given conditional approval to plans for a mobile home park has power to alter conditions as long as it acts reasonably. Molgaard v. Town of Caledonia,
527 F. Supp. 1073 (1981).
66.0436
66.0436
Certificates of food protection practices for restaurants. 66.0436(2)
(2) No city, village, town, or county may enact an ordinance requiring a restaurant, a person who holds a permit for a restaurant, or a person who conducts, maintains, manages, or operates a restaurant to satisfy a requirement related to the issuance or possession of a certificate of food protection practices that is not found under
s. 254.71.
66.0436(3)(a)(a) Except as provided in
par. (b), if a city, village, town, or county has in effect on January 1, 2015, an ordinance that the city, village, town, or county is prohibited from enacting under
sub. (2), the ordinance does not apply and may not be enforced.
66.0436(3)(b)
(b) Paragraph (a) does not apply to an ordinance of a 1st class city that was in effect on March 20, 2014.
66.0436 History
History: 2013 a. 292.
66.0437
66.0437
Drug disposal programs. 66.0437(2)
(2) A political subdivision may operate or authorize a person to operate a drug disposal program as provided under
s. 165.65 (3).
66.0437 History
History: 2013 a. 198.
OFFICERS AND EMPLOYEES
66.0501
66.0501
Eligibility for office. 66.0501(1)
(1)
Deputy sheriffs and municipal police. No person may be appointed deputy sheriff of any county or police officer for any city, village or town unless that person is a citizen of the United States. This section does not apply to common carriers or to a deputy sheriff not required to take an oath of office.
66.0501(2)
(2) Eligibility of other officers. Except as expressly authorized by statute, no member of a town, village or county board, or city council, during the term for which the member is elected, is eligible for any office or position which during that term has been created by, or the selection to which is vested in, the board or council, but the member is eligible for any elective office. The governing body may be represented on city, village or town boards and commissions where no additional compensation, except a per diem, is paid to the representatives of the governing body and may fix the tenure of these representatives notwithstanding any other statutory provision. A representative of a governing body who is a member of a city, village or town board or commission may receive a per diem only if the remaining members of the board or commission may receive a per diem. This subsection does not apply to a member of any board or council described in this subsection who resigns from the board or council before being appointed to an office or position which was not created during the member's term in office.
66.0501(3)
(3) Appointments on consolidation of offices. Whenever offices are consolidated, the occupants of which are members of the same statutory committee or board and which are serving in that office because of holding another office or position, the common council or village board may designate another officer or officers or make any additional appointments as may be necessary to procure the number of committee or board members provided for by statute.
66.0501(4)
(4) Compatible offices and positions. A volunteer fire fighter, emergency medical technician, or first responder in a city, village, or town whose annual compensation from one or more of those positions, including fringe benefits, does not exceed the amount specified in
s. 946.13 (2) (a) may also hold an elective office in that city, village, or town. It is compatible with his or her office for an elected town officer to receive wages under
s. 60.37 (4) for work that he or she performs for the town.
66.0501(5)(a)1.
1. "Political subdivision" means a city, village, town, or county.
66.0501(5)(a)2.
2. "Public employee" means any individual employed by a political subdivision, other than an individual to whom
s. 164.06 applies and other than an individual to whom
5 USC 1502 (a) (3) applies.
66.0501(5)(b)
(b) No political subdivision may prohibit a public employee from being a candidate for any elective public office, if that individual is otherwise qualified to be a candidate. No public employee may be required, as a condition of being a candidate for any elective public office, to take a leave of absence during his or her candidacy. This subsection does not affect the authority of a political subdivision to regulate the conduct of a public employee while the public employee is on duty or otherwise acting in an official capacity.
66.0501 Annotation
A citizenship requirement for peace officers is constitutional. 68 Atty. Gen. 61.
66.0501 Annotation
The offices of commissioner of a town sanitary district and supervisor of a town board are incompatible when the town board also serves as the appointing authority for the commissioners. 69 Atty. Gen. 108.
66.0501 Annotation
A sitting member of a county board must resign the office of supervisor before being appointed to the permanent position of county administrative coordinator under this section.
OAG 1-11.
66.0502
66.0502
Employee residency requirements prohibited. 66.0502(1)(1) The legislature finds that public employee residency requirements are a matter of statewide concern.
66.0502(2)
(2) In this section, "local governmental unit" means any city, village, town, county, or school district.
66.0502(3)(a)(a) 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.
66.0502(3)(b)
(b) 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.
66.0502(4)(a)(a) 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.
66.0502(4)(b)
(b) 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.
66.0502(4)(c)
(c) 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.
66.0502(4)(d)
(d) A residency requirement imposed by a local governmental unit under
par. (b) or
(c) does not apply to any volunteer law enforcement, fire, or emergency personnel who are employees of a local governmental unit.
66.0502 History
History: 2013 a. 20.
66.0503
66.0503
Combination of municipal offices. 66.0503(1)
(1) The office of county supervisor may be consolidated by charter ordinance under
s. 66.0101:
66.0503(1)(a)
(a) 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).
66.0503(1)(b)
(b) 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).
66.0503(2)
(2) 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.
66.0503(3)
(3) 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,
17.12 and
17.13 or other pertinent statute.
66.0503(4)
(4) 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.
66.0503(5)
(5) Tenure for an officer of an office consolidated under this section shall coincide with the term for county supervisors.
66.0505
66.0505
Compensation of governing bodies. 66.0505(1)(a)
(a) "Elective officer" means a member or member-elect of the governing body of a political subdivision.
66.0505(1)(b)
(b) "Political subdivision" means any city, village, town, or county.
66.0505(2)
(2) 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.
66.0505(3)(a)1.1. Notwithstanding the provisions of
s. 59.10 (1) (c),
(2) (c),
(3) (f) to
(j),
60.32,
61.193,
61.32, 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.
66.0505(3)(a)2.
2. Except as provided in
subd. 3., to be valid the notification must be sent no later than 30 days after an elective officer's election is certified, and the notification applies only to the taxable year in which the officer's election is certified or, if the elective officer's current taxable year ends within 3 months of his or her certification, the notification applies until the end of his or her next taxable year.
66.0505(3)(a)3.
3. 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.
66.0505(3)(a)4.
4. If a clerk and treasurer receive notification as described in
subd. 2. or
3., 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.
66.0505(3)(b)
(b) 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.
66.0505 History
History: 1991 a. 316;
1993 a. 213;
1999 a. 150 s.
312; Stats. 1999 s. 66.0505;
2007 a. 49;
2009 a. 173.
66.0506
66.0506
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.
66.0506(2)
(2) 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.
66.0506(3)
(3) 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]?"
66.0506 History
History: 2011 a. 10,
32;
2013 a. 166.
66.0506 Annotation
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, ___ Wis. 2d ___, ___ N.W.2d ___,
12-2067.
66.0507
66.0507
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,
61.193,
61.32,
62.09 (6) and
62.13 (7).
66.0508
66.0508
Collective bargaining. 66.0508(1m)
(1m) Except as provided under
subch. IV of ch. 111, no local governmental unit may collectively bargain with its employees.
66.0508(2)
(2) 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.
66.0508(3)
(3) 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).
66.0508 History
History: 2011 a. 10.
66.0508 Annotation
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 (2014).
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 (2014).
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 (2014).
66.0509
66.0509
Civil service system; veterans preference. 66.0509(1)(1) Any city or village may proceed under
s. 61.34 (1),
62.11 (5) or
66.0101 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. 230.16 (7). 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).
