59.794 Milwaukee County; limitations on board authority and on intergovernmental cooperation, shared services.
(1) Definitions. In this section:
(a) “Agreement" means an intergovernmental cooperation agreement under s. 66.0301, or a contract to provide consolidated services under s. 59.03 (2) (e), entered into by a county and another local governmental unit that is located wholly within that county.
(b) “Board" means the board of a county.
(c) “County" means a county with a population of 750,000 or more.
(d) “Executive council" means a body that consists of the mayor of a 1st class city, and the elected executive officer of every city and village that is wholly located within the county and who is also a member of the executive council as described in s. 200.23 (2) (b).
(e) “Local governmental unit" has the meaning given in s. 66.0131 (1) (a).
(2) Limitation on agreements.
(a) Subject to par. (b), before an agreement may take effect and become binding on a county, it must be approved by the executive council. If the county enters into an agreement, the executive council shall meet as soon as practicable to vote on the agreement.
(b) With regard to an intergovernmental cooperation agreement under s. 66.0301, the requirements under par. (a) apply only to any single contract, or group of contracts between the same parties which generally relate to the same transaction, with a value or aggregate value of more than $300,000.
(3) Limitations on board authority.
(a) Notwithstanding the provisions of s. 59.51, the board may not exercise day-to-day control of any county department or subunit of a department. Such control may be exercised only by the county executive as described in s. 59.17.
(b) A board may require, as necessary, the attendance of any county employee or officer at a board meeting to provide information and answer questions. Except as provided in par. (d), for the purpose of inquiry, or to refer a specific constituent concern, the board and its members may deal with county departments and subunits of departments solely through the county executive, and no supervisor may give instructions or orders to any subordinate of the county executive that would conflict with this section.
(c) The board may not create any county department or subunit of a department, except as provided in s. 59.17 (2) (b) 2.
(d) The board may use the legal services of the corporation counsel under s. 59.42 (2).
(e) The board may not terminate, lower the salary or benefits of, or eliminate the position of, any county employee who works in the office of the county executive unless a similar change is made which affects county employees, on a countywide basis, in all other county departments. This paragraph does not apply after the county board supervisors who are elected in the 2016 spring election take office.
History: 2013 a. 14.
The verbs “provide, fix, or change" under s. 59.22 (2) (c) 1. a. establish a broad power for county boards to determine compensation levels for all unclassified county positions. However, under s. 59.22 (2) (a), the power is controlled by the power of the Milwaukee County Executive under sub. (3) to exercise day-to-day control of any county department or subunit of a department. In other words, the Milwaukee County Board of Supervisors can provide, fix, or change the pay of unclassified employees, unless and until board action interferes with the Milwaukee County Executive's day-to-day control of a county department or subunit. Lipscomb v. Abele, 2018 WI App 58, 384 Wis. 2d 1, 918 N.W.2d 434, 17-1023.
The Milwaukee County Executive's day-to-day control power under sub. (3) (a) has the express intent of removing and clarifying some authority of the Milwaukee County Board of Supervisors (Board) under s. 59.22 (2) and increasing and clarifying the authority of the Milwaukee County Executive. The Milwaukee County Executive's day-to-day control power prevents the Board from taking actions that effectively direct what duties may or must be accomplished by employees or officers or how they may or must perform those duties, even when a Board action may result in a compensation change. Lipscomb v. Abele, 2018 WI App 58, 384 Wis. 2d 1, 918 N.W.2d 434, 17-1023.
The Milwaukee County Executive is included in the definition of any “officer" whose appearance the Milwaukee County Board of Supervisors may require under sub. (3) (b) to provide information and answer questions. The board as a whole may require an appearance under sub. (3) (b), not a board committee or other subset of board supervisors. Lipscomb v. Abele, 2018 WI App 58, 384 Wis. 2d 1, 918 N.W.2d 434, 17-1023.