Commissions

League members may also request an opinion directly from the League via email. Please include the subject heading and number when making such a request.

185. Wisconsin statutes sec. 66.1001 and 62.23, governing the plan commission and comprehensive planning, divide comprehensive plan authority between governing body and plan commission so that neither body has unilateral authority to adopt or amend comprehensive plan or parts thereof. Thus, common council could not amend the comprehensive plan future land use map against or without a recommendation from the plan commission. 2/2019.

184. Concludes, contrary to Commissions 182, that a joint law enforcement committee created pursuant to sec. 66.30, Stats., by a village and a town to oversee operation of a joint police department does not constitute a joint "board of police commissioners" within the meaning of sec. 61.65(1) (am), Stats., and therefore it is necessary for the village and the town to retain a joint police discipline committee under sec. 61.65(1)(am), Stats., unless the two communities and the members of the joint police department or the department's union representatives enter into a contract or collective bargaining agreement that provides for a fair review by the joint law enforcement committee prior to suspension, reduction, suspension and reduction or removal of an police officer. 4/2000.

183. Although there is no clear authority to do so, municipalities can probably authorize a joint fire commission formed pursuant to sec. 66.30, Stats., and exercising optional powers under sec. 62.13(6), to obtain its own federal employer identification number, do its own banking and hold accounts in its own capacity, to enter into contracts and have accounts and records audited in any manner deemed appropriate. 3/2000.

182. Concludes that joint police commission created by two villages, each with populations below 5,000, pursuant to secs. 61.34(2) and 66.30, Stats., to govern a joint police department is lawful and valid and is not subject to the mandates in secs. 61.65(1)(a) and (b) and (3g)(d), Stats., relating to the creation, organization and formation of police commissions under sec. 61.65, Stats. Additionally, concludes that village trustees may serve on such a hybrid joint police commission pursuant to sec. 66.11(2), Stats. 9/1990.