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Philip J. Freeburg, J.D.
Distinguished Lecturer
Local Government Education
University of Wisconsin – Madison
Division of Extension
Copyright © 2020 by the Board of Regents of the University of Wisconsin System doing business as the Division of
Extension of the University of Wisconsin-Madison. All Rights Reserved
Objectives
 Roles and Relationship of Local
Government to State and Federal
Government
 Roles and Structures of Wisconsin
Local Governments
We Know:
Federal Government
State Government
Local Government
Federal and State Government
 Federal Government role:
Constitution is the framework of federal powers
 What are these powers?
Federal Government Powers
 Defense
 International and Native American Relations
 Regulate Interstate & Foreign Commerce
 Postal Service and Roads
 Currency and Regulation of Money
 Federal Court System
 Copyrights and Patents
 Taxation and Borrowing Money
 Provide for Common Defense & General Welfare
State Powers
Amendment 10 – US Constitution
Powers of the States and People.
The powers not delegated to the United
States by the Constitution, nor
prohibited by it to the States, are
reserved to the States respectively, or to
the people.
Powers of Local Governments
The US constitution does not mention County, Town,
City, or other Municipal Governments
Government Responsibility
 Because all other government responsibilities fall to
the states, state governments create and control local
governments.
 Local Government supply most of citizens daily
services
 Local government is where most people see effective
democracy at work
Relationships of Federal, State and
Local Government in Action
You live in a Town & your neighbor’s house is on
fire. You call 911 for help.
 Where does help come from?
 The White House?
 Congress?
 Governor or the State Legislature?
 Your County?
 Your Town?
 The City or Village?
To answer the question let’s follow
the path of the Firefighters' gear
to the fire next door:
Fire fighters wear special insulated
and fire resistant protective gear
Your local Town Board decided:
 How to provide town fire protection
 How to fund it with taxes or grants
 Maybe entered an agreement with another local
government to obtain or jointly provide fire protection
County :
 Provides the 911 Service to dispatch the fire
department
 Through Emergency Government:
 Coordinates emergency service in the county
 Assisted with grants for equipment and training
State Government
 Sets requirements and standards for local governments
to provide fire protection
 Sometimes assists or services grant funding
Federal Government
 Through Department of Homeland Security grant
programs provide funds for local fire departments,
including funds for fire fighter gear
Can you think of other ways your
local government interacts with
you and other governments?
Highways
Law Enforcement
Education
Social Services
Other
Wisconsin Local Governments
 72 Counties
 1,247 Towns
 414 Villages
 190 Cities
 443 School Districts
 16 Wisconsin Technical
College Districts
The Framework of Your Wisconsin Government
Wisconsin Taxpayers Alliance (2015)
Organization
of Wis. Local Government
County
County Executive,
County Administrator
or Administrative
Coordinator
Circuit Court
County Board
Central Administration
 County Executive
 County Administrator
 Administrative Coordinator
Elected County Officials
 Sheriff*
 District Attorney *
 Coroner*
 Register of Deeds*
 *Positions named in State Constitution
 Clerk of Circuit Courts
 County Clerk
 Treasurer
 Surveyor
County Board
of Supervisors
 Supervisors serve primarily a legislative role
 The legislative function is largely limited to policy making,
law making, budgetary approval, and cooperative decision-
making
 No operational control resides with individual supervisors
Home Rule
 Definition: the authority the state concedes to a local
government to govern its own affairs within its own
boundaries.
Home Rule
 Cities and Villages:
 Permitted “to determine their local affairs and
government, subject only to this constitution and to
such enactments of the legislature of state-wide concern
as with uniformity shall affect every city or every village.”
 Counties:
 May exercise any organizational or administrative
power, subject only to the constitution and to any
enactment of the legislature which is of statewide
concern and which uniformly affects every county.
 “Administrative home rule.”
Towns
Town
Meeting
Town Board
of Supervisors
Town Meeting
 Meeting of “Electors”
 All persons eligible to vote
 Direct Powers - Examples:
 Levy taxes
 Fix compensation for town offices.
 Combine certain town offices, or make some town
offices part-time.
 Grants of Authority, Directives, Authorizations - Examples:
 Delegate Tax Levy Authority
 Exercise Village Powers
 Purchase or convey town real property
Town Board of
Supervisors
 3 to 5 Supervisors
 Decision Making and Administration
 Chairman:
 Presides over Board Meetings and Town Meetings
 Signs Town documents
 Sees to administration of Statutes
 Act on Authorization of Board
 Statute specified duties
Typical Town Services
 Public Improvements, Road Building and Maintenance
 Regulation & Enforcement as required by state and
county
 Parks and Recreation Facilities
 Some Towns :
 Police
 Land Use Regulation
 “Village Powers”
Town Officials
 Clerk
 Treasurer
 Constable
Finer Point
 “Town” is a specific unit of government
 “Township” is surveyor’s geographic unit, typically 6
miles by six miles
Cities and Villages
 “Incorporated”
 Extensive “Home Rule”
 Usually more concentrated population
 May annex town area(s)
 Direct Legislation available to voters
Cities
Mayor
City
Council
Mayor
 Veto power as to all acts of the council
 except where it is expressly or by necessary implication not
permitted
 Chief Executive Officer
 Oversees state and local law is observed and enforced
 Provide information and recommendation action to
City Council
 Appoint citizens to Commissions and Boards
 Head of police and fire departments
 Unless Police and Fire commission has management power
City Council
 Mayor presides but only votes to break a tie
 Most elected to represent districts
 Length of terms, Staggered terms determine by
Charter Ordinance under Home Rule
City Council
 Alderpersons serve primarily a legislative role
 The legislative function is largely limited to policy
making, law making, budgetary approval, and
cooperative decision-making
 No operational control resides with individual
Alderpersons
City Officials
 Clerk
 Treasurer
 Attorney*
 Police and Fire Chiefs
 Assessor*
 Engineer*
 Board of Public Works*
 Street Commissioner*
 *Or provide otherwise for performance of their assigned
duties
Villages
Board of
Trustees
Village Board of Trustees
 6 Trustees
 3 Trustees in villages of 350 people or less
 Elected at Large
 Village President
 Presides over Board Meetings
 “Maintain Peace and Good Order”
 Sees that “ordinances are… obeyed”
Village Board of Trustees
 As with County Supervisors and Alderpersons, a
Village Trustee has no power to act unilaterally or
speak for the village other than as part of a quorum
 No supervisory authority rests with individual Trustees
Village Officials
 Clerk
 Treasurer
 Assessor
 Police and Fire Chiefs
Third Branch
Cities, Villages and Towns
 Municipalities may create Municipal Courts
 Hears, Decides and Imposes Judgments on Ordinance
Violation Cases
 Municipal Judge(s) elected
 Judges supervised by Supreme Court
Manager Form of Government
 City Council-Manager or Village Board-Manager Plan
 Adopted by Charter Ordinance or Public Petition and
Referendum
 Appoint a manager who then is:
 the chief executive officer of the city [or village]
 The head of the city [or village] administration
 10 Cities and Villages have Manager Form of
Government
Manager Form of Government
 Chapter 64 provides for the Council/Manager
Plan
 Unique in that it provides for a City Manager to
be the CEO and does not provide for a Mayor
Other Local Governments
 Town Sanitary Districts
 Metropolitan Sewerage District
 Lake Districts
 Drainage Districts
 Wisconsin Technical College Districts
 School District
Find Out More
 Local Government Center
 lgc.uwex.edu
 The Framework of Your Wisconsin Government
 published by The Wisconsin Policy Forum
 2019-2020 Wisconsin Blue Book
 “The Changing World of Wisconsin Local Government” by
Susan C. Paddock in 97-98 Wisconsin Blue Book
 Officials Handbooks from Wis. Towns Association, Wis.
Counties Association and League of Wis. Municipalities
 Legislative Counsel 2019-2020 Wisconsin Legislator
Briefing Book, Chapter 22
Philip J. Freeburg, J.D.
Distinguished Lecturer
Local Government Education
University of Wisconsin – Madison
Division of Extension
Copyright © 2021 by the Board of Regents of the University of Wisconsin System doing business as the Division of
Extension of the University of Wisconsin-Madison. All Rights Reserved

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Role of Wisconsin Municipal Governments

  • 1. Philip J. Freeburg, J.D. Distinguished Lecturer Local Government Education University of Wisconsin – Madison Division of Extension Copyright © 2020 by the Board of Regents of the University of Wisconsin System doing business as the Division of Extension of the University of Wisconsin-Madison. All Rights Reserved
  • 2. Objectives  Roles and Relationship of Local Government to State and Federal Government  Roles and Structures of Wisconsin Local Governments
  • 3. We Know: Federal Government State Government Local Government
  • 4. Federal and State Government  Federal Government role: Constitution is the framework of federal powers  What are these powers?
  • 5. Federal Government Powers  Defense  International and Native American Relations  Regulate Interstate & Foreign Commerce  Postal Service and Roads  Currency and Regulation of Money  Federal Court System  Copyrights and Patents  Taxation and Borrowing Money  Provide for Common Defense & General Welfare
  • 6. State Powers Amendment 10 – US Constitution Powers of the States and People. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
  • 7. Powers of Local Governments The US constitution does not mention County, Town, City, or other Municipal Governments
  • 8. Government Responsibility  Because all other government responsibilities fall to the states, state governments create and control local governments.  Local Government supply most of citizens daily services  Local government is where most people see effective democracy at work
  • 9. Relationships of Federal, State and Local Government in Action You live in a Town & your neighbor’s house is on fire. You call 911 for help.  Where does help come from?  The White House?  Congress?  Governor or the State Legislature?  Your County?  Your Town?  The City or Village?
  • 10. To answer the question let’s follow the path of the Firefighters' gear to the fire next door:
  • 11. Fire fighters wear special insulated and fire resistant protective gear
  • 12. Your local Town Board decided:  How to provide town fire protection  How to fund it with taxes or grants  Maybe entered an agreement with another local government to obtain or jointly provide fire protection
  • 13. County :  Provides the 911 Service to dispatch the fire department  Through Emergency Government:  Coordinates emergency service in the county  Assisted with grants for equipment and training
  • 14. State Government  Sets requirements and standards for local governments to provide fire protection  Sometimes assists or services grant funding
  • 15. Federal Government  Through Department of Homeland Security grant programs provide funds for local fire departments, including funds for fire fighter gear
  • 16. Can you think of other ways your local government interacts with you and other governments?
  • 18. Wisconsin Local Governments  72 Counties  1,247 Towns  414 Villages  190 Cities  443 School Districts  16 Wisconsin Technical College Districts
  • 19.
  • 20. The Framework of Your Wisconsin Government Wisconsin Taxpayers Alliance (2015)
  • 22. County County Executive, County Administrator or Administrative Coordinator Circuit Court County Board
  • 23. Central Administration  County Executive  County Administrator  Administrative Coordinator
  • 24.
  • 25. Elected County Officials  Sheriff*  District Attorney *  Coroner*  Register of Deeds*  *Positions named in State Constitution  Clerk of Circuit Courts  County Clerk  Treasurer  Surveyor
  • 26. County Board of Supervisors  Supervisors serve primarily a legislative role  The legislative function is largely limited to policy making, law making, budgetary approval, and cooperative decision- making  No operational control resides with individual supervisors
  • 27. Home Rule  Definition: the authority the state concedes to a local government to govern its own affairs within its own boundaries.
  • 28. Home Rule  Cities and Villages:  Permitted “to determine their local affairs and government, subject only to this constitution and to such enactments of the legislature of state-wide concern as with uniformity shall affect every city or every village.”  Counties:  May exercise any organizational or administrative power, subject only to the constitution and to any enactment of the legislature which is of statewide concern and which uniformly affects every county.  “Administrative home rule.”
  • 30. Town Meeting  Meeting of “Electors”  All persons eligible to vote  Direct Powers - Examples:  Levy taxes  Fix compensation for town offices.  Combine certain town offices, or make some town offices part-time.  Grants of Authority, Directives, Authorizations - Examples:  Delegate Tax Levy Authority  Exercise Village Powers  Purchase or convey town real property
  • 31. Town Board of Supervisors  3 to 5 Supervisors  Decision Making and Administration  Chairman:  Presides over Board Meetings and Town Meetings  Signs Town documents  Sees to administration of Statutes  Act on Authorization of Board  Statute specified duties
  • 32. Typical Town Services  Public Improvements, Road Building and Maintenance  Regulation & Enforcement as required by state and county  Parks and Recreation Facilities  Some Towns :  Police  Land Use Regulation  “Village Powers”
  • 33. Town Officials  Clerk  Treasurer  Constable
  • 34. Finer Point  “Town” is a specific unit of government  “Township” is surveyor’s geographic unit, typically 6 miles by six miles
  • 35. Cities and Villages  “Incorporated”  Extensive “Home Rule”  Usually more concentrated population  May annex town area(s)  Direct Legislation available to voters
  • 37. Mayor  Veto power as to all acts of the council  except where it is expressly or by necessary implication not permitted  Chief Executive Officer  Oversees state and local law is observed and enforced  Provide information and recommendation action to City Council  Appoint citizens to Commissions and Boards  Head of police and fire departments  Unless Police and Fire commission has management power
  • 38. City Council  Mayor presides but only votes to break a tie  Most elected to represent districts  Length of terms, Staggered terms determine by Charter Ordinance under Home Rule
  • 39. City Council  Alderpersons serve primarily a legislative role  The legislative function is largely limited to policy making, law making, budgetary approval, and cooperative decision-making  No operational control resides with individual Alderpersons
  • 40. City Officials  Clerk  Treasurer  Attorney*  Police and Fire Chiefs  Assessor*  Engineer*  Board of Public Works*  Street Commissioner*  *Or provide otherwise for performance of their assigned duties
  • 42. Village Board of Trustees  6 Trustees  3 Trustees in villages of 350 people or less  Elected at Large  Village President  Presides over Board Meetings  “Maintain Peace and Good Order”  Sees that “ordinances are… obeyed”
  • 43. Village Board of Trustees  As with County Supervisors and Alderpersons, a Village Trustee has no power to act unilaterally or speak for the village other than as part of a quorum  No supervisory authority rests with individual Trustees
  • 44. Village Officials  Clerk  Treasurer  Assessor  Police and Fire Chiefs
  • 45. Third Branch Cities, Villages and Towns  Municipalities may create Municipal Courts  Hears, Decides and Imposes Judgments on Ordinance Violation Cases  Municipal Judge(s) elected  Judges supervised by Supreme Court
  • 46. Manager Form of Government  City Council-Manager or Village Board-Manager Plan  Adopted by Charter Ordinance or Public Petition and Referendum  Appoint a manager who then is:  the chief executive officer of the city [or village]  The head of the city [or village] administration  10 Cities and Villages have Manager Form of Government
  • 47. Manager Form of Government  Chapter 64 provides for the Council/Manager Plan  Unique in that it provides for a City Manager to be the CEO and does not provide for a Mayor
  • 48. Other Local Governments  Town Sanitary Districts  Metropolitan Sewerage District  Lake Districts  Drainage Districts  Wisconsin Technical College Districts  School District
  • 49. Find Out More  Local Government Center  lgc.uwex.edu  The Framework of Your Wisconsin Government  published by The Wisconsin Policy Forum  2019-2020 Wisconsin Blue Book  “The Changing World of Wisconsin Local Government” by Susan C. Paddock in 97-98 Wisconsin Blue Book  Officials Handbooks from Wis. Towns Association, Wis. Counties Association and League of Wis. Municipalities  Legislative Counsel 2019-2020 Wisconsin Legislator Briefing Book, Chapter 22
  • 50. Philip J. Freeburg, J.D. Distinguished Lecturer Local Government Education University of Wisconsin – Madison Division of Extension Copyright © 2021 by the Board of Regents of the University of Wisconsin System doing business as the Division of Extension of the University of Wisconsin-Madison. All Rights Reserved