66.0309 Annotation
Withdrawal from the commission by a municipality has no effect on the county's authority to contract with the commission under this section. Tanck v. Dane County Regional Planning Commission,
81 Wis. 2d 76,
260 N.W.2d 18 (1977).
66.0309 Annotation
With respect to claims of contractual interference and civil conspiracy, a plan commission is immune from suit. Busse v. Dane County Regional Planning Comm.
181 Wis. 2d 527,
510 N.W.2d 136 (Ct. App. 1993).
66.0309 Annotation
The representation provisions of sub. (3) do not violate the one man, one vote principle. 62 Atty. Gen. 136.
66.0309 Annotation
Appointments to regional planning commissions on behalf of a county, under sub. (3) (b), are made by the county board unless the county has a county executive or a county administrator, in which event the appointments are made by that county officer. 62 Atty. Gen. 197.
66.0309 AnnotationCommission employees have indemnity protection under s. 895.46 (1) (a).
77 Atty. Gen. 142.
66.0309 Annotation
The boundaries of existing multicounty regional planning commissions may only be altered following their dissolution under sub. (15).
81 Atty. Gen. 70.
66.0311
66.0311
Intergovernmental cooperation in financing and undertaking housing projects. 66.0311(2)(a)
(a) To issue bonds or obtain other types of financing in furtherance of its statutory purposes may cooperate with any other municipality, housing authority, development authority or redevelopment authority similarly authorized under
ss. 66.1201 to
66.1211 and
66.1301 to
66.1337 for the purpose of jointly issuing bonds or obtaining other types of financing.
66.0311(2)(b)
(b) To plan, undertake, own, construct, operate and contract with respect to any housing project in accordance with its statutory purposes under
ss. 66.1201 to
66.1211 and
66.1301 to
66.1337, may cooperate for the joint exercise of such functions with any other municipality, housing authority, development authority or redevelopment authority so authorized.
66.0311 History
History: 1999 a. 150 ss.
80,
350; Stats. 1999 s. 66.0311.
66.0313
66.0313
Law enforcement; mutual assistance. 66.0313(2)
(2) Upon the request of any law enforcement agency, including county law enforcement agencies as provided in
s. 59.28 (2), the law enforcement personnel of any other law enforcement agency may assist the requesting agency within the latter's jurisdiction, notwithstanding any other jurisdictional provision. For purposes of
ss. 895.35 and
895.46, law enforcement personnel, while acting in response to a request for assistance, shall be deemed employees of the requesting agency.
66.0313 History
History: 1999 a. 150 ss.
81,
362,
363; Stats. 1999 s. 66.0313.
66.0313 Annotation
The statutes do not permit the creation of a separate regional law enforcement agency; neither the sheriff nor the county board has power to delegate supervisory or law enforcement powers to such an agency. 63 Atty. Gen. 596.
66.0313 AnnotationA request for assistance may be implicit. United States v. Mattes,
687 F.2d 1039 (1982).
66.0315
66.0315
Municipal cooperation; federal rivers, harbors or water resources projects. A county, town, city or village acting under its powers and in conformity with state law may enter into an agreement with an agency of the federal government to cooperate in the construction, operation or maintenance of any federally authorized rivers, harbors or water resources management or control project or to assume any potential liability appurtenant to a project and may do all things necessary to consummate the agreement. If a project will affect more than one municipality, the municipalities affected may jointly enter into an agreement under this section with an agency of the federal government carrying any terms and provisions concerning the division of costs and responsibilities that are mutually agreed upon. The affected municipalities may by agreement submit any determinations of the division of construction costs, responsibilities, or any other liabilities among them to an arbitration board. The determination of the arbitration board shall be final. This section shall not be construed as a grant or delegation of power or authority to any county, town, city, village or other local municipality to do any work in or place any structures in or on any navigable water except as it is otherwise expressly authorized by state law to do.
66.0315 History
History: 1999 a. 150 s.
456; Stats. 1999 s. 66.0315.
66.0316
66.0316
Renew Wisconsin performance review. 66.0316(1)(a)
(a) "Analysis" means a performance analysis of the cost and benefit of a political subdivision providing a governmental service compared to a private person providing the same service.
66.0316(1)(e)
(e) "Governmental service" means a service related to any of the following:
66.0316(1)(f)
(f) "Political subdivision" means any city, village, town, or county with a population greater than 2,500.
66.0316(2)
(2) Pilot program. The department shall establish a pilot program to study governmental services delivered by and to political subdivisions. The department shall solicit political subdivisions to participate in the program. Based on the department's solicitation, the department shall select 5 political subdivisions to form councils as provided under
sub. (3) and shall include in that selection at least one county and at least one city, village, or town.
66.0316(3)(a)(a) No later than January 1, 2002, each political subdivision selected under
sub. (2) shall create a council consisting of 5 members, as follows:
66.0316(3)(a)1.
1. The chief executive officer of the political subdivision, or his or her designee.
66.0316(3)(a)2.
2. A member who is an employee of the political subdivision.
66.0316(3)(a)3.
3. A member with cost accounting experience who is a resident of the political subdivision and who is not a political subdivision officer or employee.
66.0316(3)(a)4.
4. Two members, not including the member under
subd. 3., who are residents of the political subdivision and who are not political subdivision officers or employees.
66.0316(3)(b)
(b) The political subdivision's chief executive officer shall appoint the council members under
par. (a) 2. to
4. The chief executive officer shall appoint 2 members to initial terms of 2 years and the remaining 2 members to initial terms of 4 years. The chief executive officer shall appoint the respective successors of the members under
par. (a) 2. to
4. to terms of 4 years. All members under
par. (a) 2. to
4. shall serve until their successors are appointed and qualified.
66.0316(3)(c)
(c) The council shall organize annually at its first meeting to elect a chairperson. Four members of the council shall constitute a quorum.
66.0316(4)
(4) Duties of council. The council shall conduct an analysis of governmental services provided by the political subdivision with which the council is affiliated. In conducting such an analysis, the council shall do all of the following:
66.0316(4)(a)
(a) Establish specific benchmarks for performance, including goals related to intergovernmental cooperation to provide governmental services.
66.0316(4)(b)
(b) Conduct research and establish new methods to promote efficiency in the delivery of governmental services.
66.0316(4)(c)
(c) Identify and recommend collaborative agreements to be developed with other political subdivisions to deliver governmental services.
66.0316(5)(a)(a) A council may conduct an analysis of a governmental service provided by the political subdivision with which the council is affiliated on its own or after receiving any of the following:
66.0316(5)(a)1.
1. A written suggestion regarding delegating a governmental service to a private person.
66.0316(5)(a)2.
2. A written complaint that a governmental service provided by the political subdivision is competing with the same or a similar service provided by a private person.
66.0316(5)(a)3.
3. A written suggestion by a political subdivision employee or political subdivision employee labor organization to review a governmental service delegated to a private person.
66.0316(5)(b)
(b) After receiving a suggestion or complaint under
par. (a), the council shall meet to decide whether an analysis of the governmental service indicated in the suggestion or complaint is necessary. The council may hold hearings, conduct inquiries, and gather data to make its decision. If the council decides to analyze a governmental service under this paragraph, the council shall do all of the following:
66.0316(5)(b)1.
1. Determine the costs of providing the governmental service, including the cost of personnel and capital assets used in providing the service.
66.0316(5)(b)2.
2. Determine how often and to what extent the governmental service is provided and the quality of the governmental service provided.
66.0316(5)(b)3.
3. Make a cost-benefit determination based on the findings under
subds. 1. and
2.
66.0316(5)(b)4.
4. Determine whether a private person can provide the governmental service at a cost savings to the political subdivision providing the service and at a quality at least equal to the quality of the service provided by the political subdivision.
66.0316(5)(b)5.
5. If the council decides that a governmental service is not suitable for delegating to a private person, determine whether the governmental service should be retained in its present form, modified, or eliminated.
66.0316(5)(c)
(c) After completing an analysis under
par. (b), the council shall make a recommendation to the political subdivision providing the governmental service analyzed under
par. (b) and publish the council's recommendation. The recommendation shall specify the recommendation's impact on the political subdivision and the political subdivision's employees.
66.0316(6)
(6) Training and assistance. The board of regents of the University of Wisconsin System shall direct the extension to assist councils created under this section in performing their duties under
subs. (4) and
(5). The board of regents shall ensure that council members are trained in how to do all of the following:
66.0316(6)(b)
(b) Determine ways to improve the efficiency of delivering a governmental service.
66.0316(6)(c)
(c) Establish, quantify, and monitor performance standards.
66.0316(7)(a)(a) On or before June 30, 2002, each council shall submit a report to the department describing the council's activities.
66.0316(7)(b)
(b) On or before June 30, 2003, each council shall submit a final report to the department describing the council's activities and recommendations and the extent to which its recommendations have been adopted by the political subdivision with which the council is affiliated. A report submitted under this paragraph shall provide a detailed explanation of all analyses conducted under
subs. (4) and
(5).
66.0316(7)(c)
(c) On or before July 31, 2003, the department shall submit a report concerning the activities and recommendations described in the reports submitted under
pars. (a) and
(b) to the legislature under
s. 13.172 (2) and to the governor. The department's report shall describe ways to implement such recommendations statewide.
66.0316 History
History: 2001 a. 16.
66.0317
66.0317
Cooperation region. 66.0317(1)(a)
(a) "Cooperation region" means a federal standard metropolitan statistical area. For purposes of this section, if only a part of a county is located in a federal standard metropolitan statistical area the entire county is considered to be located in the federal standard metropolitan statistical area.
66.0317(1)(c)
(c) "Metropolitan service delivery" means any governmental service provided to a city that is provided by the city or by another city or by a town, village, or county and provided on a multijurisdictional basis.
66.0317(1)(d)
(d) "Municipality" means any city, village, or town.
66.0317(2)(a)1.1. Except as provided in
subd. 3., beginning in 2003, a municipality shall enter into an area cooperation compact with at least 2 municipalities or counties located in the same cooperation region as the municipality, or with any combination of at least 2 such entities, to perform at least 2 governmental services.
66.0317(2)(a)3.
3. A municipality that is not adjacent to at least 2 other municipalities located in the same cooperation region as the municipality may enter into a cooperation compact with any adjacent municipality or with the county in which the municipality is located to perform the number of governmental services as specified under
subd. 1.
66.0317(2)(b)
(b) An area cooperation compact shall provide a plan for any municipalities or counties that enter into the compact to collaborate to provide governmental services. The compact shall provide benchmarks to measure the plan's progress and provide outcome-based performance measures to evaluate the plan's success. Municipalities and counties that enter into the compact shall structure the compact in a way that results in significant tax savings to taxpayers within those municipalities and counties.
