Home Rule

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59. Discusses sources of municipal home rule powers, constitutional and statutory, and the framework for analyzing whether a municipality can regulate in a certain area. 8/31/98.

59R1. Discusses sources of municipal home rule powers, constitutional and statutory, and the framework for analyzing whether a municipality can regulate in a certain area. 5/31/09.

60. The legislature expressly withdrew municipal authority over rent control in Wis. Stat. sec. 66.1015(1) and a provision in an inclusionary housing ordinance that required a development with ten or more rental dwelling units needing a zoning map amendment, subdivision or land division to provide a certain number of dwelling units as inclusionary dwelling units and setting a maximum amount of rent for inclusionary dwelling units was preempted. The ordinance was not an agreement between those subject to it and the municipality but instead was a regulation that imposed a requirement on all applicants for zoning map amendments, subdivisions or land divisions that, in order to develop property with ten or more rental dwelling units, they must charge no more than a specified amount of rent for no less than a specified percentage of rental dwelling units." Apartment Association of South Central Wisconsin, Inc. v. City of Madison, Appeal # 2005AP3140 (Ct. App. August 10, 2006) (publication recommended) (petition for review pending). 8/31/06.

61. Regulation of high voltage transmission lines is matter of statewide concern and Wis. Stat. sec. 196.491(3)(i), expressly withdraws the power of municipalities to act, once the Wisconsin Public Service Commission (PSC) has issued a certificate of public convenience and necessity, on any matter that the PSC has addressed or could have addressed in that administrative proceeding. American Transmission Co., LLC v. Dane County, 2009 WI App. 126. 8/31/09.

62. Sec. 62.623 which prohibits the City of Milwaukee from paying the employee share of contributions to the City of Milwaukee Employes’ Retirement System as required by a Milwaukee charter ordinance does not violate constitutional home rule. The subject matter is predominantly a matter of statewide concern because the State has a substantial interest in maintaining uniform regulations on public pension plans in order to reduce the fiscal strain caused by state and local expenditures for public employee compensation and is obligated to maintain a functioning civil service system. Public employees work in areas of fundamental importance and the State has an interest in seeking to safeguard the vitality of these essential services in times of economic uncertainty and duress. Madison Teachers, Inc. v. Walker, 2014 WI 99, ___ Wis.2d ___, 851 N.W.2d 337.

63. Under controlling precedent, no merit exists in the contention that the legislative enactment at issue in a home rule challenge must be a matter of statewide concern and uniformly applied statewide to withstand constitutional scrutiny. Madison Teachers, Inc. v. Walker, 2014 WI 99, ___ Wis.2d ___, 851 N.W.2d 337.

64. City’s charter ordinance requiring employees to reside within city trumped sec. 66.0502, a contrary state law prohibiting municipalities from enacting or enforcing residency requirements, because sec. 66.0502 did not involve a matter of statewide concern and did not affect all cities and villages uniformly. Milwaukee Professional Police Ass’n v. City of Milwaukee, Appeal No. 2014AP400 (Ct. App. July 21, 2015) (publication recommended). 7/31/15.

65. A city or village may, under its home rule authority, create a law that deals with its local affairs, but the Legislature has the power to statutorily override the city's or village's law if the state statute touches upon a matter or if the state statute uniformly affects every city or village.  As long as a statute, on its face, uniformly affects cities or villages throughout the State, the home rule amendment's uniformity requirement is satisfied. Black v. City of Milwaukee, 2016 WI 47, 369 Wis.2nd 272. 7/28/16

66. City's longstanding charter ordinance requiring city employees reside in City was no longer enforceable following legislature's enactment of Wis. Stat. § 66.0502 which prohibits municipalities from enacting or enforcing residency requirements.  Although residency requirements are a "mixed bag," meaning they are both of statewide and local concern, even when treated as a local concern the city's charter ordinance is trumped by sec. 66.0502 which is facially uniform in that it applies to any city, village, town, county or school district.   Black v. City of Milwaukee, 2016 WI 47, 369 Wis.2d 272. 7/28/16