66.189 Annotation
Section requires city to provide uninsured motorist coverage for its vehicles regardless of whether it is able to obtain coverage from insurance carrier. American Family Ins. Co. v. Milwaukee, 148 W (2d) 280, 435 NW (2d) 280 (Ct. App. 1988).
66.189 Annotation
This section puts the city in the position of an insurer subject to the subrogation rights of its officer's personal insurers. Millers National Ins. Co. v. Milwaukee, 184 W (2d) 155, 516 NW (2d) 516 (Ct. App. 1994).
66.189 Annotation
This section requires the city to be the primary provider of uninsured motorist coverage. Norman v. City of Milwaukee, 198 W (2d) 98, 542 NW (2d) 473 (Ct. App. 1995).
66.19
66.19
Civil service system; veterans' preference. 66.19(1)(1) Any city or village may proceed under
s. 61.34 (1),
62.11 (5) or
66.01 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, employes 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 thereunder. 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).
66.19(2)(a)(a) Any town may establish a civil service system under
sub. (1) and in such departments as the town board may determine. Any person who has been employed in any such department for more than 5 years prior to the establishment of such civil service is eligible to appointment without examination.
66.19(2)(b)
(b) Any town not having a civil service system and having exercised the option of placing assessors under civil service under
s. 60.307 (3) may establish a civil service system for assessors under
sub. (1), unless such town has come within the jurisdiction of a county assessor under
s. 70.99.
66.19(3)
(3) When any town has established a system of civil service, the ordinance establishing the system may not be repealed for a period of 6 years after its enactment, and thereafter it may be repealed only by proceedings under
s. 9.20 by referendum vote. This subsection shall not apply where a town comes, before the expiration of the 6 years, within the jurisdiction of a county assessor under
s. 70.99.
66.19(4)
(4) Any civil service system established under the provisions of this section shall provide for the appointment of a civil service board or commission and for the removal of the members of such board or commission for cause by the mayor with approval of the council, and in cities organized under the provisions of
ss. 64.01 to
64.15 by the city manager and the council, and by the board in villages and towns.
66.19(5)
(5) All examinations given in a civil service system established under this section, including minimum training and experience requirements, for positions in the classified service shall be job-related in compliance with appropriate validation standards and shall be subject to the approval of the board or commission appointed under
sub. (4). All relevant experience, whether paid or unpaid, shall satisfy experience requirements.
66.192
66.192
Combination of municipal offices. 66.192(1)
(1) The office of county supervisor may be consolidated by charter ordinance under
s. 66.01:
66.192(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).
66.192(1)(b)
(b) With the office of alderperson or council member in any city in which the district from which such alderperson or council member is elected is coterminous with the boundaries of any supervisory district established under
s. 59.10 (3).
66.192(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.
66.192(3)
(3) Removal from office of any incumbent of such consolidated office shall vacate said office in its entirety whether effected under
ss. 17.09,
17.12 and
17.13 or other pertinent statute.
66.192(4)
(4) Compensation for such consolidated office shall be separately established by the several governing bodies affected thereby as though no consolidation of offices had occurred.
66.192(5)
(5) Tenure for such combination officer shall coincide with the term for county supervisors.
66.196
66.196
Compensation of governing bodies. An elected official of any county, city, town or village, 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 such 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.
66.196 History
History: 1991 a. 316;
1993 a. 213.
66.197
66.197
County salary adjustments. The governing body of any county may, during the term of office of any elected official whose salary is paid in whole or in part by such county, increase the salary of such elected official in such amount as the governing body determines. The power granted by this section shall take effect notwithstanding any other provision of law to the contrary, except that the exercise of such power shall be governed by
s. 65.90 (5). The power granted by this section shall not extend to elected officials who by virtue of their office are entitled to participate in the establishment of the compensation attending their office.
66.197 Cross-reference
Cross-reference: See also s.
59.22 as to salary adjustments.
66.197 Annotation
Salaries of elected county officials may be increased during their terms, but any increase put into effect after earliest time for filing nomination papers does not carry forward to new term unless county board again votes increase during new term. 69 Atty. Gen. 1.
66.197 Annotation
Discretionary authority to grant increases to elected county officials based upon performance or length of service may not be delegated to a committee of the county board because the board itself lacks the authority to establish such a compensation scheme.
80 Atty. Gen. 258.
66.199
66.199
Automatic salary schedules. Whenever the governing body of any city, village or town by ordinance adopts a salary schedule for some or all employes 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,
61.32,
62.09 (6) and
62.13 (7).
66.20
66.20
Metropolitan sewerage districts, definitions. Unless the context requires otherwise, for the purposes of
ss. 66.20 to
66.26, the following terms have the designated meanings:
66.20(1)
(1) "Commission" means a metropolitan sewerage district commission.
66.20(2)
(2) "Department" means the department of natural resources.
66.20(3)
(3) "District" means a metropolitan sewerage district.
66.20(4)
(4) "Municipality" means town, village, city or county.
66.20 History
History: 1971 c. 276,
307.
66.21
66.21
Applicability. Sections 66.20 to
66.26 shall apply to all areas of the state except those areas included in a metropolitan sewerage district created under
ss. 66.88 to
66.918.
66.21 History
History: 1971 c. 276;
1981 c. 282 s.
47.
66.22(1)(1) Proceedings to create a district may be initiated by resolution of the governing body of any municipality setting forth:
66.22(1)(b)
(b) A general description of the territory proposed to be included in the district;
66.22(1)(c)
(c) A general description of the functions which are proposed to be performed by such district;
66.22(1)(d)
(d) A general description of the existing facilities and works which are proposed to be placed under jurisdiction of the district; and
66.22(1)(e)
(e) Such other facts and statements as are deemed by the governing body to be relevant to the standards of
sub. (4) (a) to
(c).
66.22(2)
(2) A governing body which adopts a resolution under
sub. (1) shall immediately transmit a copy thereof to the department.
66.22(3)
(3) Upon receipt of the resolution, the department shall:
66.22(3)(a)
(a) Schedule a public hearing in the county of the petitioning municipality, providing at least 30 days' written notice of the hearing and a copy of the resolution by mail to the clerk of all affected municipalities, town sanitary or utility districts, and to the affected regional planning commissions and state agencies; and publish an official notice of the hearing in a newspaper of general circulation in the proposed district as a class 1 notice under
ch. 985;
66.22(3)(b)
(b) Conduct the hearing to permit any person to present any oral or written pertinent and relevant information relating to the purposes and standards of
ss. 66.20 to
66.26; and
66.22(3)(c)
(c) Undertake research and collect other information and request advisory reports from regional planning commissions, other state agencies and citizen groups.
66.22(4)
(4) Within 90 days following the hearing, the department shall either order or deny creation of the proposed district. An order creating the district shall be issued by the department if:
66.22(4)(a)
(a) The territory consisting of at least one municipality in its entirety and all or part of one or more other municipalities can be identified and can be determined to be conducive to fiscal and physical management of a unified system of sanitary sewage collection and treatment;
66.22(4)(b)
(b) The formation of the district will promote sewerage management policies and operation and will be consistent with adopted plans of municipal, regional and state agencies; and
66.22(4)(c)
(c) The formation of the district will promote the public health and welfare and will effect efficiency and economy in sewerage management, based upon current generally accepted engineering standards regarding prevention and abatement of environmental pollution and federal and state rules and policies in furtherance thereof.
66.22(5)
(5) An order creating the district shall state the name and boundaries of the district, which may be different than those originally proposed if each municipality affected by the district received written notice of the hearing under
sub. (3) (a) and if each municipality which jointly or separately owns or operates a sewerage collection and disposal system which has territory included in the revised district boundaries has filed with the department a certified copy of a resolution of its governing body consenting to the inclusion of that territory within the revised district. No territory of a city, village or town jointly or separately owning or operating a sewerage collection and disposal system may be included in the district unless it has filed with the department a certified copy of a resolution of its governing body consenting to inclusion of such territory within the proposed district. The order shall be effective on the date issued and the existence of the district shall commence on such date.
66.22(6)
(6) No resolution for the formation of a district encompassing the same or substantially the same territory shall be made by any municipality for one year following the issuance of an order denying the formation under
ss. 66.20 to
66.26.
66.22(7)
(7) The orders of the department under this section shall be subject to review under
ch. 227.
66.22 History
History: 1971 c. 276;
1993 a. 246.
66.225
66.225
Dissolution. If a district has been inactive for at least 2 years and if the department receives certified copies of a resolution recommending the dissolution of the district adopted by the governing bodies of every municipality owning or operating the district, upon a finding that all outstanding indebtedness of the district has been paid and all unexpended funds returned to the municipality which supplied them, or that adequate provision has been made therefor, the department shall either order or deny dissolution of the district.
66.225 History
History: 1983 a. 27.
66.23
66.23
Commissioners. 66.23(1)(1) A district formed under
ss. 66.20 to
66.26 shall be governed by a 5-member commission appointed for staggered 5-year terms. Except as provided in
sub. (11), commissioners shall be appointed by the county board of the county in which the district is located. If the district contains territory of more than one county, the county boards of the counties not having the greatest population in the district shall appoint one commissioner each and the county board of the county having the greatest population in the district shall appoint the remainder. Of the initial appointments, the appointments for the shortest terms shall be made by the counties having the least amount of population, in reverse order of their population included in the district. Commissioners shall be residents of the district. Initial appointments shall be made no sooner than 60 days and no later than 90 days after issuance of the department order forming a district or after completion of any court proceedings challenging such order. A per diem compensation not to exceed $50 may be paid to commissioners. Commissioners may be reimbursed for actual expenses incurred as commissioners in carrying out the work of the commission.
66.23(2)
(2) Each member of the commission shall take and file the official oath.
66.23(3)
(3) A majority of such commission shall constitute a quorum to do business; and in the absence of a quorum, those members present may adjourn any meeting and make announcement thereof. All meetings and records of the commission shall be published.
66.23(4)
(4) Such commission, when all of its members have been duly sworn and qualified, shall have charge of all the affairs of the district.
66.23(5)
(5) Such commission shall organize by electing one of its members president and another secretary.
66.23(6)
(6) The secretary shall keep a separate record of all proceedings and accurate minutes of all hearings.
66.23(7)
(7) A per diem compensation not to exceed $50 may be paid to commissioners. Commissioners shall be reimbursed for actual expenses incurred as commissioners in carrying out the work of the commission.
66.23(8)
(8) The treasurer of the city, village or town having the largest equalized valuation within the district shall act as treasurer of the district, shall receive such additional compensation therefor as the commission may determine, and shall at the expense of the district furnish such additional bond as the commission may require. Such treasurer shall keep all moneys of the district in a separate fund to be disposed of only upon order of the commission signed by the president and secretary.
66.23(9)
(9) Chapter 276, laws of 1971, shall apply to every metropolitan sewerage district that had been operating, prior to April 30, 1972, under ss.
66.20 to
66.209, 1969 stats. Commissioners for such districts who were in office on April 30, 1972 shall continue to serve until their respective terms are completed. The county board of the county having the greatest population in the district shall appoint 2 additional members to each such commission no sooner than 60 days and no later than 90 days after April 30, 1972. One such member shall have a 5-year term and one such member shall have a 4-year term. The county board of those counties having population within the district that did not appoint the preceding 2 members if any shall, each in turn according to their population in the district, appoint successors to each of the 3 commissioners who held office on April 30, 1972, until their allotted number of appointments, as specified under
sub. (1) is filled. The governor may adjust terms of the successors to the 3 original commissioners in order that the appointment schedules are consistent with
s. 66.23.
66.23(10)
(10) Sections
66.20 to
66.26 do not affect the continued validity of contracts and obligations previously entered into by a metropolitan sewerage district operating under ss.
66.20 to
66.209, 1969 stats., prior to April 30, 1972, nor validity of any such district.
66.23(11)(a)(a) Notwithstanding
sub. (1) the governing bodies of cities, towns and villages comprising a sewerage district may make the initial appointments of the commissioners under this section.
66.23(11)(am)1.1. If the governing bodies of each city, town and village comprising a district pass a resolution authorizing the election of commissioners to terms succeeding the initial appointments, commissioners shall be chosen to fill vacant seats at spring elections, as defined in
s. 5.02 (21), of the district at large. Each commissioner may hold office until a successor is elected and qualified, except as provided in
s. 17.27 (1m). Any commissioner elected for a regular or unexpired term shall take office after filing the official oath on the 4th Monday in April.
66.23(11)(am)2.
2. No resolution passed under
subd. 1. may authorize election of commissioners sooner than 6 months after the date of passage. The commission shall immediately notify the elections board under
s. 5.05 upon passage of a resolution under
subd. 1.
66.23(11)(am)3.
3. If the governing bodies of each city, town and village comprising the district pass a resolution to discontinue election of commissioners, each commissioner may hold office until a successor is appointed and qualified. The commission shall immediately notify the elections board under
s. 5.05 upon passage of a resolution under this subdivision.
66.23(11)(b)
(b) This subsection shall apply only if all the governing bodies of the cities, villages and towns comprising the sewerage district agree by resolution to elect its provisions.
66.23 Annotation
A town has no authority to enjoin a city from rezoning property which it had annexed therefrom, where: (1) the city possesses the power to pass a zoning ordinance under this section; (2) the act of passing an ordinance is legislative rather than ministerial; (3) no property right of the town would be invaded by the zoning ordinance; and (4) no allegation is made that any fund or property held in trust for taxpayers or citizens is threatened to be diverted or squandered. Town of Pleasant Prairie v. Kenosha, 67 W (2d) 1, 226 NW (2d) 210.
66.24
66.24
Powers and duties. 66.24(1)(a)(a)
Corporate status. The district shall be a municipal body corporate and shall be authorized in its name to contract and to be contracted with, and to sue and to be sued. The commission may employ persons or firms performing engineering, legal or other necessary services, require any employe to obtain and file with it an individual bond or fidelity insurance policy, and procure insurance. A commission may employ engineers or other employes of any municipality as its engineers, agents or employes.
66.24(1)(b)
(b)
Plans. The commission shall prepare and by resolution adopt plans and standards of planning, design and operation for all projects and facilities which will be operated by the district or which affect the services to be provided by the district. Commissions may and are encouraged to contract with regional or area-wide planning agencies for research and planning services. The commission's plans shall be consistent with adopted plans of a regional planning commission or area-wide planning agency organized under
s. 66.945.
66.24(1)(c)
(c)
Research. The commission may project and plan scientific experiments, investigations and research on treatment processes and on the receiving waterway to ensure that an economical and practical process for treatment is employed and that the receiving waterway meets the requirements of regulating agencies. The commission may conduct such scientific experiments, investigations and research independently or by contract or in cooperation with any public or private agency including any political subdivision of the state or any person or public or private organization.
66.24(1)(d)
(d)
Rules. The commission may adopt rules for the supervision, protection, management and use of the systems and facilities operated by the district. Such rules may, in the interest of plan implementation, restrict or deny the provision of utility services to lands which are described in adopted master plans or development plans of a municipality or county as not being fit or appropriate for urban or suburban development. Rules of the district shall be adopted and enforced as provided by
s. 66.902. Notwithstanding any other provision of law, such rules or any orders issued thereunder, may be enforced under
s. 823.02 and the violation of any rule or any order lawfully promulgated by the commission is declared to be a public nuisance.
66.24(1)(e)
(e) Annual report. The commission shall prepare annually a full and detailed report of its official transactions and expenses and of all presently planned additions and major changes in district facilities and services and shall file a copy of such report with the department of natural resources, the department of health and family services and the governing bodies of all cities, villages and towns having territory in such district.
66.24(2)
(2) Metropolitan sewerage collection and treatment. The commission shall plan, project, construct and maintain within the district interceptor and other main sewers for the collection and transmission of sewage. The commission shall also cause the sewage to be treated, disposed or recycled and may plan, project, construct and maintain works and facilities for this purpose.
66.24(3)
(3) Connections with system. The commission may require any person or municipality in the district to provide for the discharge of its sewage into the district's collection and disposal system, or to connect any sanitary sewerage system with the district's disposal system wherever reasonable opportunity therefor is provided; may regulate the manner in which such connections are made; may require any person or municipality discharging sewage into the system to provide preliminary treatment therefor; may prohibit and impose a penalty for the discharge into the system of any substance which it determines will or may be harmful to the system or any persons operating it; and may, with the prior approval of the department, after hearing upon 30 days' notice to the municipality involved, require any municipality to discontinue the acquisition, improvement or operation of any facility for disposal of any wastes or material handled by the commission wherever and so far as adequate service is or will be provided by the commission. The commission shall have access to all sewerage records of any municipality in the district and shall require all such municipalities to submit plans of existing systems and proposed extensions of local services or systems. The commission or its employes may enter upon the land in any municipality within the district for the purpose of making surveys or examinations.
66.24(4)
(4) Property acquisition. Commissions may acquire by gift, purchase, lease or other like methods of acquisition or by condemnation under
ch. 32, any land or property necessary for the operations of the commission or in any interest, franchise, easement, right or privilege therein, which may be required for the purpose of projecting, planning, constructing and maintaining the system. Any municipality and state agency is authorized to convey to or permit the use of any facilities owned or controlled by the municipality or agency subject to the rights of the holders of any bonds issued with respect thereto, with or without compensation, without an election or approval by any other government agency. Property, or any part or interest therein, when acquired, may be sold, leased or otherwise disposed of by the district whenever in the discretion of the commission the property or any part or portion thereof or interest therein is not needed to carry out the requirements and powers of the commission.
