City of Milwaukee - File #: 130376

• File #: 130376
• Version: 1
• Type: Resolution-Immediate Adoption
• Status: Passed
• File created: 7/2/2013
• In control: COMMON COUNCIL
• Final action: 7/2/2013
• Title: Substitute resolution directing all City officials to continue enforcement of s. 5-02 of the Milwaukee City Charter relating to residency.
• Sponsors: THE CHAIR
• Indexes: EMPLOYMENT, STATE LEGISLATION

Date	Ver.	Action By	Action	Result	Tally
7/2/2013	1	MAYOR	SIGNED
7/2/2013	0	COMMON COUNCIL	SUBSTITUTED; Minutes note: Ald. Murphy moves to replace the original file with Substitute 1.	Pass	15:0
7/2/2013	1	COMMON COUNCIL	ADOPTED	Pass	13:2
7/2/2013	1	COMMON COUNCIL	AMENDED; Minutes note: Ald. Witkowski moves that the fourth Whereas Clause from the bottom of page 2 be amended to read as follows: Wheras, Having police, fire department, health, water utility, neighborhood services and City development personnel, among other employees, live in the City provides them with better knowledge of the challenges facing the City, increased understanding of neighborhoods and enhanced relationships with residents;	Pass	15:0

Number
130376
Version
SUBSTITUTE 1
Reference

Sponsor
THE CHAIR
Title
Substitute resolution directing all City officials to continue enforcement of s. 5-02 of the Milwaukee City Charter relating to residency.
Analysis
This resolution directs all City officials to continue enforcement of s. 5-02 of the Milwaukee City Charter relating to residency of City employees. The Common Council finds that legislative action, and specifically the enactment of 2013 Wisconsin Act 20, s. 1270, violates the City’s constitutional home rule authority under Article XI, Section 3(1), of the Wisconsin State Constitution. Section 1270 purports to prohibit most municipal laws requiring employee residency including provisions of the Milwaukee City Charter.

The Common Council further finds that acquiescence to this unconstitutional exercise of state authority would significantly harm the interests of the City and its residents.
Body
Whereas, The State of Wisconsin, by its legislature, may not enact laws contrary to the Wisconsin State Constitution; and

Whereas, Article XI, Section 3(1), of the Wisconsin State Constitution provides: “(1) Cities and villages organized pursuant to state law may determine their local affairs and government, subject only to this constitution and to such enactments of the legislature of statewide concern as with uniformity shall affect every city or every village. The method of such determination shall be prescribed by the legislature.”

; and

Whereas, 2013 Wisconsin Act 20 was enacted by the State Legislature, and signed by Governor Scott Walker on June 30, 2013; and

Whereas, Section 1270 of 2013 Wisconsin Act 20 purports to end the City of Milwaukee's long-standing residency requirement found in s. 5-02 of the Milwaukee City Charter; and

Whereas, The issue of local residency is not a matter of state-wide concern but is instead clearly a matter of “local affairs and government” to be determined by local governments that are directly account...