LRB-5701/1
PG&JTK:kaf&skg:ks
1995 - 1996 LEGISLATURE
March 27, 1996 - Introduced by Representatives Jensen, Duff, Schneiders and
Walker, cosponsored by Senator Darling. Referred to Joint committee on
Finance.
AB1087,1,4 1An Act to repeal 111.70 (4) (m) 2. and 119.18 (23); and to create 111.70 (4) (m)
23. and 119.18 (24) of the statutes; relating to: authorizing school closings, and
3the reassignment of staff resulting from such closings or subsequent
4reopenings without regard to seniority, in a 1st class city school district.
Analysis by the Legislative Reference Bureau
The current statutes authorize the Milwaukee Public Schools board of school
directors to close any school that it determines is low in performance. If the board
closes a school, the superintendent of schools may reassign the school's staff
members without regard to seniority in service. If the board reopens the school, the
superintendent of schools may reassign staff members to the school without regard
to seniority in service. The statutes also provide that a 1st class city school district
is prohibited from bargaining collectively with respect to the reassignment of
employes who perform services for the board of school directors of the school district,
with or without regard to seniority, as a result of the decision of the board to close or
reopen a school, or the impact of any such reassignment on the wages, hours or
conditions of employment of the employes who perform those services. These
provisions were enacted as part of 1995 Wisconsin Act 27, the biennial budget act.
(Prior to the enactment of Act 27, the method of reassignment of employes who
performed services for a 1st class city school district as a result of a decision to close
or reopen a school, or the impact of such a decision on the wages, hours and conditions
of employment of the employes, was a mandatory subject of collective bargaining
between the district and the representatives of its employes.)
On March 7, 1996, the circuit court for Milwaukee County issued a temporary
injunction against the implementation of the above provisions. Milwaukee Teachers'
Education Association v. Milwaukee Board of School Directors
, No. 95-CV-011243
Milwaukee County Circuit Court March 7, 1996) (order granting preliminary
injunction). The court determined that the provisions are private or local in nature

and were enacted in contravention of article IV, Section 18 of the Wisconsin
constitution. That section requires a private or local bill to embrace no more than
one subject, which must be expressed in the title.
This bill eliminates the provisions, described above, that were enacted as part
of the biennial budget act, and creates identical provisions.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1087, s. 1 1Section 1. 111.70 (4) (m) 2. of the statutes, as created by 1995 Wisconsin Act
227
, is repealed.
AB1087, s. 2 3Section 2. 111.70 (4) (m) 3. of the statutes is created to read:
AB1087,2,84 111.70 (4) (m) 3. Reassignment of municipal employes who perform services for
5a board of school directors, with or without regard to seniority, as a result of the
6decision of the board to close or reopen a school under s. 119.18 (24), or the impact
7of any such reassignment on the wages, hours or conditions of employment of the
8municipal employes who perform those services.
AB1087, s. 3 9Section 3. 119.18 (23) of the statutes, as created by 1995 Wisconsin Act 27, is
10repealed.
AB1087, s. 4 11Section 4. 119.18 (24) of the statutes is created to read:
AB1087,2,1912 119.18 (24) School closings. The board may close any school that it
13determines is low in performance by adopting a resolution to that effect. If the
14superintendent of schools recommends to the board that a school be closed, he or she
15shall state the reasons for the recommendation in writing. If the board closes a
16school, the superintendent of schools may reassign the school's staff members
17without regard to seniority in service. If the board reopens the school, the
18superintendent of schools may reassign staff members to the school without regard
19to seniority in service.
AB1087, s. 5
1Section 5. Initial applicability.
AB1087,3,62 (1) The treatment of section 111.70 (4) (m) 3. of the statutes first applies to
3employes who are affected by a collective bargaining agreement that contains
4provisions inconsistent with that treatment on the day on which the collective
5bargaining agreement expires or is extended, modified or renewed, whichever occurs
6first.
AB1087,3,77 (End)
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