Number
130382
Version
SUBSTITUTE 1
Reference
101310
Sponsor
THE CHAIR
Title
Substitute resolution directing the City Attorney to bring a lawsuit challenging the constitutionality and enforceability of 2013 Wisconsin Act 20, s. 1270, relating to residency.
Analysis
This resolution directs the City Attorney to bring a lawsuit challenging the constitutionality and enforceability of 2013 Wisconsin Act 20, s. 1270, relating to residency.
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 accountable to local voters; and
Whereas, In 1938, as an exercise of its Constitutional Home Rule authority, the City of Milwaukee enacted a charter ordinance, now City Charter s. 5-02, requiring that all employees reside within the boundaries of the City; and
Whereas, Since 1938, the City has maintained, enforced, and amended its charter ordinance residency requirements to address several local concerns directly impacting the City and its residents; and
Whereas, Since the City’s a...
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