Additional public construction procedures in s. 66.0901, stats., apply to a number
of municipal entities, including cities and villages.
AB213, s. 11
1Section
11
. 61.55 and 61.56 of the statutes are repealed.
Note: See the Note to Section 10 of this bill.
AB213, s. 12
2Section
12. 61.57 of the statutes is amended to read:
AB213,11,8
361.57 Acquisition of recycling or resource recovery facilities without
4bids. A village may contract for the acquisition of any element of a recycling or
5resource recovery facility without submitting the contract for bids as required under
6ss. 61.54 to 61.56 s. 61.54 if the village invites developers to submit proposals to
7provide a completed project and evaluates proposals according to site, cost, design
8and the developers' experience in other similar projects.
Note: Revises a cross-reference to reflect the treatment of ss. 61.54 to 61.56, stats.,
by this bill.
AB213, s. 13
9Section
13. 61.65 (1) (a) 2. of the statutes is amended to read:
AB213,11,1410
61.65
(1) (a) 2. Contracting for police protective services with a city or town,
11with another village
, or with
the
a county
in which the village is located. A village
12that contracts for police protective services shall pay the full cost of services provided.
13A village may not contract with a county to provide all of the village's police protective
14services under this subdivision.
Note: Current law provides that a village may contract for police protective
services with, among other entities, a county in which the village is located. This Section
amends the law to provide that a village may contract with any county for this purpose.
(Note that the authority of a village to contract with a county for all of its police protective
services is controlled by s. 61.65 (1) (a) 4., stats.) Section 66.0301 (2), stats., also allows
a municipality to contract with another municipality for services; this authority is to be
liberally construed. See also Section 21 of this bill.
AB213, s. 14
15Section
14
. 62.09 (1) (a) of the statutes is amended to read:
AB213,12,1116
62.09
(1) (a) The officers shall be a mayor, treasurer, clerk, comptroller,
17attorney, engineer, one or more assessors unless the city is assessed by a county
18assessor under s. 70.99, one or more constables as determined by the common
19council, a local health officer, as defined in s. 250.01 (5), or local board of health, as
1defined in s. 250.01 (3), street commissioner, board of police and fire commissioners
2except in cities where not applicable, chief of police except in a city that has
3contracted for all of its police protective services under s. 62.13 (2g) or has abolished
4its police department under s. 62.13 (2s), chief of the fire department
except in a city
5that contracted for all of its fire protective services under s. 62.13 (8) (b), board of
6public works, 2 alderpersons from each aldermanic district, and such other officers
7or boards as are created by law or by the council. If one alderperson from each
8aldermanic district is provided under s. 66.0211 (1), the council may, by ordinance
9adopted by a two-thirds vote of all its members and approved by the electors at a
10general or special election, provide that there shall be 2 alderpersons from each
11aldermanic district.
Note: Revises cross-references to reflect the treatment of s. 62.13 (2g) and (8) (b),
stats., by this bill. If a city contracts for all of its police or fire protective services under
these statutory provisions, the officers of the city will not include a chief of police or a chief
of the fire department, respectively.
AB213, s. 15
12Section
15
. 62.09 (5) (e) of the statutes is created to read:
AB213,12,1513
62.09
(5) (e) Persons serving in appointive offices shall serve until their
14respective successors are appointed and qualify, unless otherwise provided by
15ordinance.
Note: Section 61.23 (1), stats., provides that persons serving in appointive village
offices will serve until their respective successors are appointed and qualify. There is no
similar statutory provision for appointive city officers. This Section creates s. 62.09 (5)
(e) as a parallel to the law applicable in villages by requiring that appointive city officers
serve in their offices until their respective successors are appointed and qualify.
Consistent with the amendment of s. 61.23 (1) by Section 4 of this bill, a city by ordinance
may provide a different method of determining when the term of an appointed officer
ends.
AB213, s. 16
16Section
16. 62.09 (6) (a) of the statutes is amended to read:
AB213,12,1917
62.09
(6) (a) Salaries shall be paid the mayor or alderpersons only when
18ordered by a vote of three-fourths of all the members of the council.
Salaries
19heretofore established shall so remain until changed by ordinance.
Note: This change is similar to the change made in s. 61.32 in Section 8 of this
bill. The deleted language is restated in s. 62.09 (6) (am) 2., although the current law
provision applies only to a mayor and alderpersons and the language in s. 62.09 (6) (am)
2. applies, more broadly, to all elective officers.
AB213, s. 17
1Section
17
. 62.09 (6) (am) of the statutes is created to read:
AB213,13,52
62.09
(6) (am) 1. In this paragraph, "compensation" means a salary, a per diem
3compensation for each day or part of a day necessarily devoted to the service of the
4city and the discharge of duties, or a combination of salary and per diem
5compensation.
AB213,13,116
2. Except as provided in subd. 3., and subject to par. (a), the compensation for
7an elective city office shall be established before the earliest time for filing
8nomination papers for the office. After that time, no change may be made in the
9compensation for the office that applies to the term of office for which the deadline
10applies. The compensation established for an elective office remains in effect for
11ensuing terms unless changed.
AB213,13,1312
3. In a newly incorporated city, the compensation for an elective office may be
13established during the first term of office.
Note: Creates a provision for establishing and changing compensation for city
elective offices that corresponds to the provision applicable to village elective offices,
created by Section 3 of this bill. The provision replaces current s. 62.09 (6) (b), stats.,
repealed by Section 18 of this bill.
Unlike repealed s. 62.09 (6) (b), this provision does not include compensation for
appointive city officers with definite terms. It was concluded there is no policy reason for
including appointive offices in the provision.
The requirement that the compensation, as defined, for an elective city office be
established before the earliest time for filing nomination papers for the office is new. It
reflects the principle that compensation for an elective office is for the office, not for a
particular individual holding the office. The definition of "compensation" is based on s.
60.32 (2), stats., applicable to town elective offices.
The 2nd and 3rd sentences of subd. 2. restate language deleted from current s.
61.32, stats., by Section 8 of this bill, although the current law provision applies only to
a village president and trustees and the new language applies more broadly, to all elective
officers.
Subdivision 3. restates the last sentence of repealed s. 62.09 (6) (b).
Note that periodic increases in compensation for an elective office may be provided,
as long as any increase is determined by the stated deadline. In addition, under s.
66.0507, stats., salary may include an automatic adjustment for changes in cost of living
(except city council members). See Section 27 of this bill.
AB213, s. 18
1Section
18
. 62.09 (6) (b) of the statutes is repealed.