Legal Documents & Information

** The information contained here is provided solely for a general information purpose.  It should not be interpreted as legal advice and does not constitute an attorney client relationship. The posted documents are samples and League attorneys have not reviewed them for legal sufficiency. The League’s attorneys do not provide legal representation to individual municipalities or officials; we encourage our members to consult their municipal attorneys on questions of law.**

General Information

State of Wisconsin

Effect of DHS’ Emergency Order #5 on Municipalities  The Wisconsin Department of Health Services’ order prohibiting mass gatherings of 10 or more persons contains several exemptions, some of which provide local governments with flexibility in handling government operations during the public health emergency. Click here to read the full document.

DHS’ Emergency Order #8  Updated Mass Gathering Ban includes hair salons, barber shops, etc.  

Department of Financial Institutions Emergency Guidance on Remote Notarization


Families First Coronavirus Response  

HR 6201 Families First Coronavirus Response SUMMARY March 20, 2020
HR 6201 Families First Coronavirus Response Paid Sick Leave  March 20, 2020

Who is an “emergency responder” under the Families First Coronavirus Response Act (FFCRA)? 
“For the purposes of employees who may be excluded from paid sick leave or expanded family and medical leave by their employer under the FFCRA, an emergency responder is an employee who is necessary for the provision of transport, care, health care, comfort, and nutrition of such patients, or whose services are otherwise needed to limit the spread of COVID-19. This includes but is not limited to military or national guard, law enforcement officers, correctional institution personnel, fire fighters, emergency medical services personnel, physicians, nurses, public health personnel, emergency medical technicians, paramedics, emergency management personnel, 911 operators, public works personnel, and persons with skills or training in operating specialized equipment or other skills needed to provide aid in a declared emergency as well as individuals who work for such facilities employing these individuals and whose work is necessary to maintain the operation of the facility. This also includes any individual that the highest official of a state or territory, including the District of Columbia, determines is an emergency responder necessary for that state’s or territory’s or the District of Columbia’s response to COVID-19.

To minimize the spread of the virus associated with COVID-19, the Department encourages employers to be judicious when using this definition to exempt emergency responders from the provisions of the FFCRA.” (Provided by the Federal Dept. of Labor.) 

Click here for more DOL guidance regarding the FFCRA.

Are employees of a local health department or agency considered “health care providers” that may be excluded from paid leave under the FFCRA?
Yes. The Department of Labor issued guidance clarifying that a “health care provider” who may be excluded by their employer for purposes of emergency paid sick leave and/or expanded family and medical leave includes, among other things, anyone employed at a local health department or agency or at a nursing facility, retirement facility, or nursing home.

Sample Employee Policy and Guidance  
At this time, a policy is not required to implement paid leave under the FFCRA. This sample policy has been prepared for municipalities choosing to use a policy and to provide a more-detailed explanation of the FFCRA’s requirements than contained in the Department of Labor’s Notice poster. Note, municipalities are permitted, but not required, to exempt emergency responders from paid leave under the FFCRA. This sample policy excludes emergency responders. See “Considerations for Use of Sample Policy” on the first page for additional information.  Read the guidance here.

Sample Declarations/Proclamations of Emergency & Ratifications

Emergency Declarations - Specific Issues

Racine Installment Payment of Property Taxes Due March 31 March 20, 2020 

Emergency Declarations - General

Caledonia Proclamation of State of Emergency March 18, 2020
Green Bay Declaration of Emergency March 16, 2020
Madison/Dane County Order of Public Health Officer Imposing Countywide Moratorium on Mass Gatherings of 50 or More People March 15, 2020
Oshkosh Ordinance Declaring a State of Emergency March 12, 2020
Racine Emergency Declaration March 18, 2020
South Milwaukee Proclamation of Emergency March 13, 2020
South Milwaukee Proclamation of Existence of a Municipal Emergency March 13, 2020
Waunakee Declaration of Emergency March 16, 2020

Sample Public Health Orders

COVID-19 Order Restricting Food and Beverage Sales in the Cities and Villages of Milwaukee, Bayside, Brown Deer, Fox Point, Glendale, River Hills, Shorewood, Whitefish Bay, Cudahy, South Milwaukee, and St. Francis Version 1 Issued and Effective as of 2:01 a.m. on Tuesday, March 17, 2020

Sample Employee Policies

Madison To Employees: Guidance on City Services and Paid Leave March 16, 2020
Racine Employee Emergency Policy to Ensure Continuous Operation of City Services and Employee Safety March 18, 2020

Open Meetings Law Policies & Advisories

Attorney General Office of Open Government Advisory: Coronavirus Disease 2019 (COVID-19) and Open Meetings March 16, 2020
Madison Ordinance Prohibit meetings in a declared emergency March 12, 2020
Madison Allowing members of the Common Council to appear at meetings telephonically in a declared emergency March 17, 2020

Miscellaneous Legal (Click here.) 

Can Restaurants Providing Meals for Carry-out and Delivery Sell Alcohol?