Number
230359
Version
SUBSTITUTE 1
Reference
220724
Sponsor
ALD. PEREZ
Title
Substitute resolution expressing the City’s opposition to various provisions in 2023 Wisconsin Act 12 and directing City representatives to work for their repeal.
Analysis
This resolution expresses opposition to the following provisions in 2023 Wisconsin Act 12:
1. The prohibition of advisory referenda.
2. The prohibition of tax-levy-funded equity and inclusion activities.
3. The prohibition on preferences in hiring or contracting.
4. The requirement to perform an outside audit of the Office of Violence Prevention.
5. The prohibition on using the tax levy to fund streetcar operations.
6. The prohibition on using tax increment district financing to develop or construct streetcar lines.
7. The imposition of maintenance-of-effort requirements relating to the Police Department.
8. The imposition of maintenance-of-effort requirements relating to the Fire Department.
9. The requirement to place police officers in Milwaukee Public Schools.
10. The provision allowing the Milwaukee Police Association to choose a member of the Fire and Police Commission.
11. The provision allowing the Milwaukee Professional Firefighters Association Local 215 to choose a member of the Fire and Police Commission.
12. The removal of Police Department and Fire Department policy oversight authority from the Fire and Police Commission.
13. The imposition of a limit on the City’s cultural expenditures and partnerships with non-profit organizations.
14. The requirement of a 2/3 majority vote of the Common Council for any new program expenditures or new position authority.
15. The requirement that the City identify unused City-owned buildings and prepare a formal plan for their sale or use.
16. The imposition of limitations on the authority of the Health Department Commissioner to close businesses to control an outbreak or epidemic of a communicable disease.
17. The imposition of limitations on the authority of the Common Council to close businesses to control an outbreak or epidemic of a communicable disease.
This resolution also adds the repealing of these provisions to the City’s 2023-2024 State Legislative Package and directs the Department of Administration - Intergovernmental Relations Division to work for the repeal of these provisions.
Body
Whereas, 2023 Wisconsin Act 12 (Act 12) was passed by the Wisconsin State Assembly and Senate on June 14, 2023, and signed by Governor Tony Evers on June 20, 2023; and
Whereas, Act 12 contains a provision which prohibits the City from holding advisory referenda to gauge the wishes of its constituents on matters of local importance; and
Whereas, Advisory referenda are an invaluable tool for the democratic function of representative government; and
Whereas, Act 12 contains a provision that prohibits the City from using the tax levy to fund any local government positions whose principal duties consist of promoting individuals or groups on the basis of their race, color, ancestry, national origin, or sexual orientation; and
Whereas, This provision will impede the City’s efforts to address and reduce historical disparities and improve the lives of people living in disadvantaged communities; and
Whereas, Act 12 contains a provision that prohibits preferences in hiring and contracting on the basis of race, color, ancestry, national origin, or sexual orientation; and
Whereas, This provision could disrupt the City’s administration of programs designed to support businesses with diverse ownership, build capacity and create more jobs; and
Whereas, Act 12 contains a provision that requires an outside audit of the City’s Office of Violence Prevention; and
Whereas, The City’s Office of Violence Prevention takes a public health approach to investigate, understand and address violence in the City; and
Whereas, The City, through its Health Department and its Board of Health, is well positioned to make informed decisions about how to meet the needs of residents without unnecessary interference; and
Whereas, Act 12 contains a provision that prohibits the City from using the tax levy to fund the development, operation, or maintenance of the Milwaukee streetcar; and
Whereas, Failure to properly fund the operation of the streetcar could cause the City to be out of compliance with the federal grants that were used to develop and construct the streetcar; and
Whereas, Non-compliance could expose the City to repayment demands from the grantor that could approach $60 million dollars; and
Whereas, A breach of the terms of the streetcar grants could also jeopardize future grant awards for other types of City infrastructure, costing the City hundreds of millions of dollars in state or federal aid; and
Whereas, Act 12 contains a provision that prohibits the City from using tax incremental district funds to develop or construct Milwaukee streetcar lines; and
Whereas, The expansion of the streetcar into additional neighborhoods could create opportunities for residents to access jobs, education and shopping, as well as help reduce climate impacts; and
Whereas, Electrifying transportation is one of the “Ten Big Ideas” detailed in the City’s recently adopted Climate and Equity Plan; and
Whereas, Act 12 contains maintenance-of-effort provisions which require the hiring and retention of additional police officers and firefighters; and
Whereas, The number of new police officers and firefighters is not linked to actual sales tax revenue; and
Whereas, Because the City faces significant financial penalties if it is unable to satisfy the maintenance-of-effort requirements, other City services may have to be eliminated if sales tax revenue is insufficient to fund the additional positions; and
Whereas, These maintenance-of-effort requirements supersede local priorities; and
Whereas, Act 12 contains a provision that requires the City to ensure that school resource officers are present in Milwaukee Public Schools during normal school hours; and
Whereas, Officers must also be available during before- and after-school care, during extracurricular activities and at sporting events; and
Whereas, Research suggests that the presence of police in schools can result in more negative than positive outcomes for students; and
Whereas, The Milwaukee Board of School Directors voted unanimously to end the contracts with the Police Department in 2020 because of the harmful effects that armed officers in schools can have on students; and
Whereas, The decision to employ school resource officers should be a school district decision not a state mandate; and
Whereas, Act 12 contains a provision which allows the Milwaukee Police Association (MPA) and the Milwaukee Professional Firefighters Association Local 215 identify candidates for the Fire and Police Commission (FPC) and requires the Mayor to appoint two candidates identified by the MPA and Local 215; and
Whereas, The purpose of the Fire and Police Commission is to provide oversight and ensure that the Police and Fire Departments respond to the needs and concerns of the community; and
Whereas, The purpose of the MPA and Local 215 is to lobby, advocate and negotiate for policies and practices that are favorable to its membership; and
Whereas, The commissioners selected from lists prepared by the MPA and Local 215 will participate in disciplinary matters relative to law enforcement officers and firefighters who are members of the MPA Local 215; and
Whereas, The forced confirmation of handpicked commissioners undermines the appearance of integrity and impartiality of the Fire and Police Commission; and
Whereas, Act 12 contains a provision which removes the authority of the Fire and Police Commission to oversee the policies of the Fire and Police Departments; and
Whereas; The FPC is one of the oldest agencies providing citizen oversight of police and fire departments in the country; and
Whereas, The Commission was created to remove police and fire service from the influence of politics; and
Whereas, Community advocacy has resulted in the FPC revising many policies and practices that had previously led to direct harm to the community; and
Whereas, Removing the FPC’s oversight authority will delay the on-going process of reforming the culture at both departments and diminish community trust; and
Whereas, Act 12 contains an ambiguous provision which limits the City’s cultural expenditures and partnerships with non-profit organizations; and
Whereas, This provision could have far-reaching, unforeseen and unintended consequences for the City and its residents and visitors; and
Whereas, The City has long used partnerships to leverage its investment in a myriad of ways; and
Whereas, Limiting the City’s participation in partnerships with non-profits could cost the City additional money or require the City to forego services and activities which provide many benefits; and
Whereas, Milwaukee is home to a thriving arts and entertainment community, providing positive experiences and benefits which reach beyond the borders of the city; and
Whereas, Students who are exposed to the arts are more likely to finish high school, less likely to be involved in criminal activity; and
Whereas, Act 12 contains a provision which requires a 2/3 majority vote of the Common Council to enact or adopt net new program spending and new position authorization; and
Whereas, Requiring a super-majority vote dilutes the voices of historically underrepresented groups and other people who live in the City; and
Whereas, Act 12 contains a provision which requires the City to identify all unused, City-owned buildings and requires the City to prepare a plan for the use or sale of those buildings; and
Whereas, The City is well positioned to make informed decisions about how to best manage its buildings and infrastructure to meet the needs of its residents without unnecessary political interference and micromanagement by the Legislature; and
Whereas, Act 12 contains a provision which limits the ability of the Milwaukee Health Commissioner to close businesses in an effort to control an outbreak or epidemic of a communicable disease; and
Whereas, The City has a robust public health department and is best situated to make decisions regarding the health and safety of Milwaukee residents; and
Whereas, Act 12 contains a provision which limits the ability of the Common Council to close businesses in an effort to control an outbreak or epidemic of a communicable disease; and
Whereas, The City’s elected leaders, with input from the Health Commissioner and the City’s Board of Health are best situated to make decisions regarding the health and safety of Milwaukee residents; and
Whereas, Article XI, Section 3 of the Constitution of the State of Wisconsin states, “Cities and villages organized pursuant to state law may determine their local affairs and government, subject only to this constitution and to such enactment of the legislature of statewide concern as with uniformity shall affect every city or every village”; and
Whereas, All of the above-listed provisions of Act 12 are unacceptable violations of the home rule principles established in the Constitution of the State of Wisconsin; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that the City of Milwaukee opposes the following provisions in 2023 Wisconsin Act 12:
1. The prohibition of advisory referenda.
2. The prohibition of tax-levy-funded equity and inclusion activities.
3. The prohibition on preferences in hiring or contracting.
4. The requirement to perform an outside audit of the Office of Violence Prevention.
5. The prohibition on using the tax levy to fund streetcar operations.
6. The prohibition on using tax increment district financing to develop or construct streetcar lines.
7. The imposition of maintenance-of-effort requirements relating to the Police Department.
8. The imposition of maintenance-of-effort requirements relating to the Fire Department.
9. The requirement to place police officers in Milwaukee Public Schools.
10. The provision allowing the Milwaukee Police Association input into the choice of a member of the Fire and Police Commission.
11. The provision allowing the Milwaukee Professional Firefighters Association Local 215 input into the choice of a member of the Fire and Police Commission.
12. The removal of Police Department and Fire Department policy oversight authority from the Fire and Police Commission.
13. The imposition of a limit on the City’s cultural expenditures and partnerships with non-profit organizations.
14. The requirement of a 2/3 majority vote of the Common Council for any new program expenditures or new position authority.
15. The requirement that the City identify unused City-owned buildings and prepare a formal plan for their sale or use.
16. The imposition of limitations on the authority of the Health Commissioner to close businesses to control an outbreak or epidemic of a communicable disease.
17. The imposition of limitations on the authority of the Common Council to close businesses to control an outbreak or epidemic of a communicable disease.
; and, be it
Further Resolved, That the Department of Administration-Intergovernmental Relations Division is directed to work for the repeal of the above-listed provisions; and, be it
Further Resolved, That Resolution File Number 220724 is amended by inserting the following items in the document attached to the file and identified as “Amended State Legislative Package”
|
Local Control & Flexibility |
Common Council |
Seek the repeal of Wis. Stats. 66.0144 which prohibits advisory referendums. |
|
Racial, Social & Economic Equity |
DOA- Office of Equity and Inclusion |
Seek the repeal of Wis. Stats. 62.90(4)(b) which prohibits the use of tax levy funding for any position whose principal duties consist of promoting individuals on the basis of their race, color, ancestry, national origin or sexual orientation. |
|
Local Control & Flexibility Racial, Social & Economic Equity |
Dept. of Employee Relations / DPW |
Seek the repeal of Wis. Stats. 66.0145(2) which prohibits preferences in hiring or contracting. |
|
Public Health and Safety |
DOA - Office of Violence Prevention |
Seek the repeal of Wis. Stats. 62.90(6) which requires an outside audit of the Department of Administration - Office of Violence Prevention. |
|
Environment, Mobility, Infrastructure |
DPW - Operations |
Seek the repeal of Wis. Stats. 62.90(4)(a) which prohibits the use of tax levy funding for the development, operation or maintenance of the Milwaukee streetcar. |
|
Environment, Mobility, Infrastructure |
DPW - Infrastructure Services/City Development |
Seek the repeal of Wis. Stats. 66.1105(2)(f) which prohibits the use of tax incremental district funding for the development or construction of Milwaukee streetcar lines. |
|
Fiscal Efficiency/Stability |
Police Department |
Seek the repeal of Wis. Stats. 77.701(2)(c) which imposes maintenance-of-effort requirements on the Milwaukee Police Department. |
|
Fiscal Efficiency/Stability |
Fire Department |
Seek the repeal of Wis. Stats. 77.701(2)(c) which imposes maintenance-of-effort requirements on the Milwaukee Fire Department. |
|
Racial, Social & Economic Equity |
Police Department |
Seek the repeal of Wis. Stats. 62.90(8) which requires the placement of school resource officers in Milwaukee Public Schools. |
|
Local Control and Flexibility |
Fire & Police Commission |
Seek the repeal of Wis. Stats. 62.50(1h) which requires the Mayor to appoint one member of the Fire and Police Commission from a list provided by the Milwaukee Police Association. |
|
Local Control and Flexibility |
Fire & Police Commission |
Seek the repeal of Wis. Stats. 62.50(1h) which requires the Mayor to appoint one member of the Fire and Police Commission from a list provided by Local 215. |
|
Local Control and Flexibility |
Fire & Police Commission |
Seek the repeal of Wis. Stats. 62.50(1h) which prohibits the Fire and Police Commission from prescribing general policies and standards for the Fire and Police Departments. |
|
Racial, Social & Economic Equity |
Department of Administration |
Seek the repeal of Wis. Stats. 62.90(1) which limits total cultural spending to 5% of the total City budget. |
|
Local Control and Flexibility |
Common Council |
Seek the repeal of Wis. Stats. 62.90(2) which requires a 2/3 majority vote of the Common Council to enact or adopt net new program spending and position authorization. |
|
Local Control and Flexibility |
DPW - Infrastructure Services/City Development |
Seek the repeal of Wis. Stats. 62.90(7) which requires the identification of all unused City-owned buildings and the preparation of a plan for the use or sale of those buildings. |
|
Public Health and Safety |
Health Department |
Seek the repeal of Wis. Stats. 252.03(2j) which limits the authority of local health officers to close businesses to control an outbreak or epidemic of a communicable disease. |
|
Public Health and Safety |
Common Council |
Seek the repeal of Wis. Stats. 252.03(2j) which limits the authority of the Common Council to close businesses to control an outbreak or epidemic of a communicable disease. |
; and, be it
Further Resolved, That the City Clerk shall forward a copy of this resolution to Governor Tony Evers and the Wisconsin Congressional delegation.
Requestor
Drafter
Kathleen Brengosz
6/21/23
LRB 178228-2