Posted on: May 22, 2017

Parliamentary Procedure for Local Officials

It is a pretty good guess that most Wisconsin city councils, village boards and their sub-units utilize Robert's Rules of Order as the rules of procedure for their respective body even though no state law requires they be utilized. . . .

Daniel Olson the Municipality June 2017 Legal Articles
Posted on: May 22, 2017

Recent Decision in Case Challenging Sex Offender Residency Regulations Yields Important Lessons

Many municipalities have enacted ordinances regulating the residency of sex offenders. Such ordinances typically prohibit sex offenders, or a certain class of sex offenders, from living within a certain distance of prohibited locations.

Claire Silverman, League-L E-Newsletter 4/28/17 Legal Articles
Posted on: May 22, 2017

Municipal Authority Over Real Property Inspections and Registrations Recently Limited

Many municipalities have property registration and inspection ordinances to ehlp ensure that they have important information regarding buildings within the municipality . . .

Claire Silverman, the Municipality April 2017 Legal Articles
Posted on: March 8, 2017

Title II of the ADA: Ensuring Services and Programs are Accessible to Those with Disabilities

The Americans With Disabilities Act (ADA) of 1990 prohibits discrimination and is meant to ensure equal opportunity
for persons with disabilities in employment, state, and local government services, public accommodations, commercial facilities. . . .

by Claire Silverman March 2017 Legal Articles
Posted on: March 8, 2017

Wisconsin Park Boards: Roles, Responsibilities & Rulemaking

The spotlight and attention in Wisconsin city and village government is most often focused on city councils, village boards, planning commissions, community development authorities, and similar governmental bodies with the legal authority . . . .

by Daniel Olson March 2017 Legal Articles
Posted on: March 7, 2017

When must body provide notice under open meeting law that its members are attending other meetings?

League attorneys have received many questions about correspondence sent from the Wisconsin Department of Justice’s (DOJ’s) Office of Open Government to Winnebago County relating to whether it is necessary to provide notice under the open meetings. . . .

by Claire Silverman February 2017 Legal Articles
Posted on: March 7, 2017

Dealing with Common Winter Issues

In a 1984 Wisconsin Supreme Court decision, former Justice Louis Ceci penned, “Snow is ubiquitous in the state of Wisconsin during the winter months…”1 Although snow does not seem to be quite as “ubiquitous” in Wisconsin during the winter months . . . .

by Claire Silverman January 2017 Legal Articles
Posted on: March 7, 2017

Social Host Ordinances Should be Reviewed

In recent years, many municipalities have enacted social host ordinances aimed at preventing adults from hosting underage drinking parties at private homes. Certain provisions in those ordinances are likely unenforceable. . .

by Claire Silverman January 2017 Legal Articles
Posted on: December 19, 2016

Cats, Rats, Courts and the Constitution

A federal court decision might be notable simply because it begins with, “Rats. This case is about rats. Giant, inflatable rats . . . Cats too – inflatable fat cats, wearing business suits and pinkie rings, strangling workers.”

Daniel Olson December 2016 Legal Articles
Posted on: December 19, 2016

Municipal Authority to Regulate Drones

In the past year, the use of unmanned aerial vehicles (UAVs) or unmanned aerial systems (UAS), also known as drones, has proliferated with affordable models making the popular technology increasingly accessible to both commercial and recreational users.

by Claire Silverman November 2016 Legal Articles
Posted on: November 23, 2016

Alcohol Law Changes Allow Municipalities to License Wine/Beer Walks

Wisconsin statutes regulating alcohol, and more specifically temporary beer and
wine licenses, were recently modified to include chambers of commerce among
the organizations eligible for Temporary Class B beer and wine licenses. . . .

January 2016 Claire Silverman Legal Articles
Posted on: November 15, 2016

FLSA Overtime Changes Take Effect December 1, 2016

. . . the United States Department of Labor has promulgated new regulations governing the application of minimum wage and overtime pay requirements to certain “exempt” employees.

Full reprint Legal Articles
Posted on: November 15, 2016

Constitutional Home Rule Authority Diminished

The Wisconsin Supreme Court recently held that the City of Milwaukee’s longstanding charter ordinance1 requiring city employees to reside in the city is unenforceable following the legislature’s enactment of Wis. Stat. § 66.0502 . . .

Full reprint Legal Articles
Posted on: November 15, 2016

DPPA Exemption Authorizes Release of Unredacted Uniform Traffic Accident Reports

For several years now, law enforcement record custodians have been navigating difficult, uncharted terrain when responding to requests under Wisconsin’s public records law for law enforcement records

Full reprint Legal Articles
Posted on: November 15, 2016

Significant Changes to FLSA Overtime Laws Effective December 1, 2016

On May 18, 2016, the United States Department of Labor (DOL) announced its Final Rule updating the Fair Labor Standards Act (FLSA) regulations governing the application of minimum wage and overtime pay requirements . . .

Full reprint Legal Articles
Posted on: November 21, 2016

Municipal Home Rule In Wisconsin

Common council and village board members may find
it helpful to have a general understanding of municipal authority. The general rule is that municipalities are creatures of the state and have only the powers given them. . . .

June 2016 Claire Silverman Legal Articles
Posted on: November 22, 2016

Beware the Liability Boogeyman

When it comes to opposing governmental decision-making,
“boogeyman” threats are not just the stuff of bedtime stories.

May 2016 Matt Dregne and Kyle Engelke Legal Articles
Posted on: November 22, 2016

The 2015-16 Legislative Session Turned Out Well for Municipalities

Thanks to increased lobbying efforts by municipal officials, the 2015-2016 legislative session was one of the best for municipalities in years. Dozens of items helpful to cities and villages . . . .

May 2016 Curt Witynski Legal Articles
Posted on: November 22, 2016

Wisconsin's Recreational Immunity Statute: How Much Protection Does it Offer?

Many Wisconsin municipalities own property used to provide residents and visitors with opportunities for recreation. These include municipal parks, playgrounds, pools, beaches, golf courses, tennis courts, skating rinks, hills used for sledding . . . .

Additional Info... Legal Articles
Posted on: November 22, 2016

Election Law Changes Impacting You and Your Municipality

This article summarizes recent developments related to election administration and campaign finance laws which will be in effect for the first time in 2016.

February 2016 Michael Haas Legal Articles
Posted on: November 22, 2016

Changes to FLSA Overtime Laws Now Predicted for Late 2016

Last July, the United States Department of Labor (DOL or Department) proposed
updating the Fair Labor Standards Act (FLSA) regulations governing
the application of minimum wage and overtime pay requirements to executive,
administrative, and . . . .

February 2016 Claire Silverman Legal Articles
Posted on: November 23, 2016

Sign Regulation and Reed v. town of Gilbert

One of the most perplexing local government policy areas is sign regulation.
The difficulties arise from sometimes incomprehensible free speech decisions
by courts and the uncertain impacts on regulation programs that seek to control
signs . . . .

November 2015 Daniel M. Olson Legal Articles
Posted on: November 23, 2016

On Rehearing, Court Concludes Anti-Panhandling Ordinance is Content Based

The U.S. Court of Appeals for the Seventh Circuit recently agreed to
rehear a case challenging the constitutionality of a city’s anti-panhandling
ordinance in light of the U.S. Supreme Court decision in Reed v. Gilbert, 135
S.Ct. 2887 (2015) . . . .

November 2015 Claire Silverman Legal Articles
Posted on: November 23, 2016

Disciplinary Process - Police and Fire Commission

Police officers and firefighters manage difficult and often dangerous situations. Fortunately, most protective services employees are dedicated public servants,
and smaller communities may see years go by without need for formal disciplinary
action...

October 2015 Paul Schwarzenbart Legal Articles
Posted on: November 23, 2016

Rental Property Inspection and Registration Program's Notice Requirement Preempted

La Crosse landlords challenged a city ordinance requiring landlords to
participate in an inspection and registration program, asserting that the
ordinance was preempted by Wis. Stat. sec. 66.0104. The circuit court rejected
the landlords’ arguments.

October 2015 Claire Silverman Legal Articles
Posted on: November 23, 2016

Court Upholds Bus Rule Prohibiting Weapons

Wisconsin Carry, Inc., a self-described “gun rights organization,” sought a declaratory judgment that a rule prohibiting persons from traveling in city buses with weapons. . . .

October 2015 Claire Silverman Legal Articles
Posted on: November 23, 2016

What Was in the State Budget Affecting Municipalities?

On July 12, Governor Walker signed the 2015-2017 state budget bill into law as Act 55. Municipalities came out fairly well considering the state’s fiscal condition and the political dynamics in the state capitol.

September 2015 Curt Witynski Legal Articles