AB 312

Generally under current law a village with a population of at least 5,000 is

required to provide police protection services by creating its own police department,

by contracting for police protection services with a city, village, town, or county or by

creating a joint police department with another city, village, or town. Also under

current law, in general, a village with a population of at least 5,500 is required to

provide fire protection services by creating its own fire department, by contracting

for fire protection services with a city, village, or town, or by creating a joint fire

department with another city, village, or town.

Current law also authorizes any village to provide police and fire protection

services in one of two additional ways. The first way is by using a combined

protective services department, which is neither a police department nor a fire

department, which was created before January 1, 1987, and in which the same

person may be required to perform police protection and fire protection duties,

subject to some limitations on consecutive hours that may be worked in police

protection. The second way is by requiring persons in a police department or fire

department, alone or in combination with persons designated as police officers or fire

fighters, to perform police protection and fire protection duties, subject to some

limitations on consecutive hours that may be worked in police protection and subject

to the limitation that those persons were required to perform those duties before

January 1, 1987. In either case, the village may designate any person required to

perform police protection and fire protection duties as primarily a police officer or fire

fighter for purposes related to presumptions related to certain employment-related

diseases.

Generally under current law, 2nd, 3rd, and 4th class cities (presently all cities

other than Milwaukee) with populations of at least 4,000 must have police

departments and fire departments, and may have joint departments with other

cities, villages, or towns. Such cities are generally required to have a board of police

and fire commissioners, which appoint the police and fire chiefs who, in turn, appoint

subordinates subject to approval by the board. Current law also authorizes a city to

abolish its police department if it enters into a contract with a county under which

the sheriff provides law enforcement services to the city.

Under a decision of the Wisconsin Supreme Court,

Local Union No. 487,

IAFF-CIO, v. City of Eau Claire

, 147 Wis. 2d 519 (1989), cities may not create

combined protective services departments or require persons in a police department

or fire department, alone or in combination with persons designated as police officers

or fire fighters, to perform police protection and fire protection duties.

This bill authorizes 2nd, 3rd, and 4th class cities, and towns, to provide police

and fire protection services in the same two additional ways that villages may do so,