LRB-4156/1
MES:kmg:kjf
2001 - 2002 LEGISLATURE
January 22, 2002 - Introduced by Representatives Friske, Jeskewitz, Krawczyk,
Albers, Olsen
and Grothman. Referred to Committee on Urban and Local
Affairs.
AB741,1,4 1An Act to renumber and amend 60.32 (3); to amend 60.32 (4), 61.32 and
266.0505; and to create 60.32 (3) (b) and 60.32 (3) (c) of the statutes; relating
3to:
changing the compensation of town board supervisors during their term of
4office.
Analysis by the Legislative Reference Bureau
Generally under current law, a town meeting establishes the compensation of
the members of the town board of supervisors (board) and other elective town
officers, except that the town meeting may authorize the board to establish the
salaries of elective town officers other than the members of the board. Also under
current law, a board that is authorized to exercise village powers may establish the
compensation of the members of the board. Current law indicates that a change in
compensation of elective town officers may not take place during the current term
of office. Current law also specifies that an elected official of any city, village, town,
or county who, by virtue of the office held by that official, is entitled to participate
in the establishment of the salary for that office may not, during his or her term of
office, collect salary in excess of the salary provided at the time of that official's taking
office.
This bill makes clear that, other than in the case of town board supervisors or
certain automatic salary adjustments in a salary schedule based on cost-of-living
fluctuations, a change in the compensation of an elective town officer by the town
meeting or the board may not take effect during the elective officer's current term
of office. Under this bill, a town meeting or a town board exercising village powers

may adopt a resolution or enact an ordinance increasing the compensation of the
members of the town board of supervisors, which takes effect during the current term
of the members of the town board. Such a resolution or ordinance may not take effect,
however, unless it is approved in a referendum of the electors of the 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:
AB741, s. 1 1Section 1. 60.32 (3) of the statutes is renumbered 60.32 (3) (a) and amended
2to read:
AB741,2,63 60.32 (3) (a) Subject to sub. (4) Except as provided in pars. (b) and (c) and s.
466.0507
, the town meeting or, if authorized to establish compensation, the town
5board may make a change in the compensation of an elective town office to, which
6change may not
take effect during the term of office.
AB741, s. 2 7Section 2. 60.32 (3) (b) of the statutes is created to read:
AB741,2,118 60.32 (3) (b) Subject to approval in a referendum as described under par. (c),
9the town meeting may adopt a resolution or the town board, exercising authority
10under s. 61.32, may enact an ordinance to increase the compensation of a town
11supervisor to take effect during the supervisor's current term of office.
AB741, s. 3 12Section 3. 60.32 (3) (c) of the statutes is created to read:
AB741,2,1913 60.32 (3) (c) 1. If the town meeting adopts a resolution or the town board enacts
14an ordinance under par. (b), the town board shall call a referendum for the purpose
15of submitting the resolution or ordinance to the electors of the town for approval or
16rejection. The referendum may only be held at the next succeeding spring election
17or general election to be held not earlier than 42 days after the adoption of the
18resolution or enactment of the ordinance. The town board shall file the resolution
19or ordinance to be submitted to the electors as provided in s. 8.37.
AB741,3,3
12. The town clerk shall publish type A, B, C, D, and E notices of the referendum
2under s. 10.01 (2). Section 5.01 (1) applies in the event of failure to comply with the
3notice requirements of this subdivision.
AB741,3,114 3. The referendum shall be held in accordance with chs. 5 to 12. The town board
5shall provide the election officials with all necessary election supplies. The form of
6the ballot shall correspond substantially with the standard form for referendum
7ballots prescribed by the elections board under ss. 5.64 (2) and 7.08 (1) (a). The
8question shall be submitted substantially as follows: "Do you approve of the action
9of the .... (town meeting or town board) which increases the compensation of the
10members of the town board of supervisors and which takes effect during the current
11term of the members of the board of supervisors?"
AB741,3,1512 4. Within 14 days after the referendum, the town clerk shall certify the results
13of the referendum to the secretary of state. If the compensation increases are
14approved by a referendum under this paragraph, the increases shall take effect upon
15the certification specified in this subdivision.
AB741, s. 4 16Section 4. 60.32 (4) of the statutes is amended to read:
AB741,3,2117 60.32 (4) When established. Compensation Subject to sub. (3), compensation
18under this section shall be established prior to the latest date and time for filing
19nomination papers for the office. After that date and time, no change may be made
20in the compensation of the office that applies to the current term of office, except as
21provided in sub. (3)
.
AB741, s. 5 22Section 5. 61.32 of the statutes is amended to read:
AB741,5,3 2361.32 Village board; meeting; salaries. The trustees of each village shall
24constitute a board designated the "Village Board of" (name of village) in which shall
25be vested all the powers of the village not specifically given some other officer. A

1majority of the members-elect shall constitute a quorum, but a less number may
2adjourn from time to time. The president shall preside at all meetings when present.
3In the president's absence the board may select another trustee to preside. Regular
4meetings shall be held at such time as may be prescribed by their bylaws. Special
5meetings may be called by any 2 trustees in writing, filed with the clerk, who shall
6thereupon seasonably notify all the trustees of the time and place thereof in the
7manner directed by the bylaws. All meetings shall be open to the public. The board
8shall keep a record of all its proceedings, and if there is a newspaper published in any
9village, the board shall cause the proceedings to be published therein as a class 1
10notice, under ch. 985. The proceedings for the purpose of publication shall include
11the substance of every official action taken by the governing body. If there is no
12newspaper published in the village, the board may cause the proceedings to be
13published in a newspaper having general circulation in the village, posted in several
14public places or publicized in some other fashion, in such manner as the board
15directs. Nothing herein shall be construed as requiring the republication of any
16proceeding, ordinance or other matter or thing which has already been published
17according to law, nor shall anything herein be construed to relieve any village from
18publishing any proceeding, ordinance or other matter or thing required by law to be
19published. Notwithstanding the provisions of s. 985.08 (4), the fee for any such
20publication shall not exceed the rates specified in s. 985.08 (1). The board has power
21to preserve order at its meetings, compel attendance of trustees and punish
22nonattendance and it shall be judge of the election and qualification of its members.
23The president and board of trustees of any village, whether operating under general
24or special law, may by a three-fourths vote of all the members of the village board
25determine that an annual salary be paid the president and trustees. Salaries

1heretofore established shall so remain until changed by ordinance and shall not be
2increased or diminished during their terms of office, except in the case of a town
3board exercising village powers and acting under s. 60.32 (3)
.
AB741, s. 6 4Section 6. 66.0505 of the statutes is amended to read:
AB741,5,11 566.0505 Compensation of governing bodies. An Except in the case of a
6town board acting under s. 60.32 (3), an
elected official of any county, city, town or
7village, who by virtue of the office held by that official is entitled to participate in the
8establishment of the salary attending that office, shall not during the term of the
9office collect salary in excess of the salary provided at the time of that official's taking
10office. This provision is of statewide concern and applies only to officials elected after
11October 22, 1961.
AB741,5,1212 (End)
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