AB650: Bill Text

LRB-2934/1

RAC&CMH:jld:sh

2007 - 2008 LEGISLATURE

2007 Assembly BILL 650

December 28, 2007 - Introduced by Representatives Van Roy, Montgomery, Nygren, F. Lasee, Bies, Gronemus, Gottlieb, Pridemore, Kleefisch, Musser, Owens, Kestell, LeMahieu, Vos, Albers, A. Ott, Hahn, Roth, Ballweg, Nerison, M. Williams, Moulton, Nass, J. Ott, Mursau and Strachota, cosponsored by Senators Cowles, A. Lasee and Grothman. Referred to Committee on Urban and Local Affairs.

AB650,1,4 An Act to amend 111.70 (1) (a) and 111.70 (4) (m) (title); and to create 111.70 (4) (pr) of the statutes; relating to: a sheriff's decision to privatize food service operation in jails and prohibited subjects of collective bargaining under the Municipal Employment Relations Act.

Analysis by the Legislative Reference Bureau

The Wisconsin Constitution establishes the office of sheriff, but does not specify the duties, powers, and rights of the office. Case law has established the principle that the constitution grants sheriffs "time immemorial" duties that cannot be interfered with by the legislature. Court jurisprudence in this area has sought to distinguish those duties of the sheriff that cannot be governed by the legislature from those "mundane and commonplace" duties of the sheriff that can be regulated by the legislature. Recently, in Kocken v. Wisconsin Council 40, 2007 WI 72 (2007), the court held that a sheriff's decision to privatize jail food service operations was a "mundane and commonplace" duty not protected by the constitution and thus was subject to collective bargaining under the Municipal Employment Relations Act (MERA).

This bill makes a sheriff's decision to have persons other than municipal employees provide meals to inmates a prohibited subject of collective bargaining under MERA.

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:

AB650, s. 1 Section 1. 111.70 (1) (a) of the statutes is amended to read:

AB650,3,3 111.70 (1) (a) "Collective bargaining" means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representative of its municipal employees in a collective bargaining unit, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement, with respect to wages, hours and conditions of employment, and with respect to a requirement of the municipal employer for a municipal employee to perform law enforcement and fire fighting services under s. 61.66, except as provided in sub. (4) (m) and (pr) and s. 40.81 (3) and except that a municipal employer shall not meet and confer with respect to any proposal to diminish or abridge the rights guaranteed to municipal employees under ch. 164. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document. The municipal employer shall not be required to bargain on subjects reserved to management and direction of the governmental unit except insofar as the manner of exercise of such functions affects the wages, hours and conditions of employment of the municipal employees in a collective bargaining unit. In creating this subchapter the legislature recognizes that the municipal employer must exercise its powers and responsibilities to act for the government and good order of the jurisdiction which it serves, its commercial benefit and the health, safety and welfare of the public to assure orderly operations and functions within its jurisdiction, subject to those rights secured to municipal employees by the constitutions of this state and of the United States and by this subchapter.

AB650, s. 2 Section 2. 111.70 (4) (m) (title) of the statutes is amended to read:

AB650,3,5 111.70 (4) (m) (title) Prohibited subjects of bargaining; school districts.

AB650, s. 3 Section 3. 111.70 (4) (pr) of the statutes is created to read:

AB650,3,12 111.70 (4) (pr) Prohibited subjects of bargaining; counties. In a county, the municipal employer is prohibited from bargaining collectively with respect to a sheriff's decision to have persons other than municipal employees provide meals to inmates. The municipal employer is also prohibited from bargaining collectively the impact of that decision on the wages, hours, or conditions of employment of the municipal employees who perform those services.

AB650, s. 4 Section 4. Initial applicability.

AB650,3,16 (1) This act first applies to collective bargaining agreements entered into, extended, modified, or renewed, whichever occurs first, on the effective date of this subsection.

AB650,3,17 (End)