Governor Signs State Budget into Law
(10/29/2007)

MADISON—On October 26, 2007, Governor Jim Doyle signed the 2007-2009 state budget into law. In addition to increasing the minimum levy limits imposed on local governments, Governor Doyle used his veto authority to permit police officers to arbitrate their discipline.

“Governor Doyle’s budget effectively strikes the balance between protecting the taxpayer and ensuring that the dedicated men and women of law enforcement can protect our communities.” said WPPA Assistant Executive Director Jim Palmer. “In addition, this budget puts both police officers and fire fighters on the same playing field as every other class of local public employees by allowing them to arbitrate their discipline.”

WPPA Members from Cross Plains, Dane County, Juneau County, Arcadia, Oneida County, Eau Claire, West Allis, Onalaska, Madison, and Janesville were among those on hand to participate in the state budget signing ceremony on October 26th, 2007.

Levy Limits:

As a result of the veto, in 2007 municipal property tax levies may increase by no more than 3.86% or the percentage increase in equalized value due to net new construction, whichever is greater. In 2008, a municipality will be allowed to increase its levy by no more than 2% or the percentage increase in equalized value, whichever is greater. A municipality's general obligation debt service levy continues to remain exempt from levy limits, as are amounts levied to cover any revenue shortfall for debt service on a revenue bond. The levy limits imposed under the budget sunset on November 30, 2009.

While the final budget does not include the $15 million increase to shared revenue that was proposed by Governor Doyle and approved by the State Senate, it also does not include the $42 million reduction to this funding that had been passed by the Republican-led State Assembly. In short, shared revenue funding will neither increase nor decrease during the 2007-2009 biennium. As such, the increase in the minimum tax levy to 3.86% should be extraordinarily beneficial to many WPPA members.

Arbitration for Discipline for Police and Fire:

The budget as enacted adds language to the Municipal Employment Relations Act (MERA) providing that notwithstanding the police and fire commission law, a collective bargaining agreement entered into between police or fire fighting personnel and a municipal employer may contain dispute resolution procedures, such as arbitration, that address the discipline of such personnel. It further prohibits a municipality from collectively bargaining the prohibition of access to arbitration as an alternative to the police and fire commission disciplinary process. Finally, the new law prohibits a municipal employer from bargaining any reduction to the “Just Cause” standards found in s. 62.13(5)(em)1. to 7., and from bargaining as to the payment of compensation in a way that is inconsistent with s. 62.13(5)(h), which requires that “[n]o person shall be deprived of compensation while suspended pending disposition of charges.” The treatment these changes first applies to a collective bargaining agreement that contains provisions that are inconsistent with that treatment on the day on which the agreement expires, or is extended, modified, or renewed, whichever occurs first.

In his budget message, Governor Doyle stated “Permitting both law enforcement officers and firefighters to use alternative disciplinary appeal procedures will help relieve the court system work load, expand the opportunities of law enforcement officers and firefighters to select appeals procedures, and allow employers and employees to settle their disputes quickly and effectively.”

This issue has been a WPPA priority for more than 20 years, and this change in the bargaining law is a fantastic victory for the WPPA and its members. The compromise budget that was sent to the Governor’s desk permitted the change for fire fighters only. Governor Doyle was able to extend these changes to municipal police officers through his partial-veto authority, a move contrary to the zealous opposition of the Wisconsin Alliance of Cities, the League of Wisconsin Municipalities, and the Wisconsin Chiefs of Police Association.

Funding for the Law Enforcement Officer Supplemental Grant Program:

The program provides grants to cities to employ additional law enforcement officers whose primary duty is beat patrolling. Though a relatively small program, the budget adopted by the State Assembly decreased that funding by almost 50 percent. The final budget signed into law fully-restores the program’s funding.

Funding for an Actuarial Study of the Military Service Credits Bill:

Under current law, employees participating in the Wisconsin Retirement System (WRS) who began their public employment after serving in the military do not receive WRS credit for their military service if it occurred after 1974. Assembly Bill 43 and Senate Bill 19 would eliminate the arbitrary 1974 limitation and credit military service that occurs at any time. This legislation is not retroactive, meaning that it would only apply to public employees who terminate their WRS-covered employment after the bill becomes law.

Both AB 43 and SB 19 have been approved by committees in their respective houses, and have been referred to the Joint Survey Committee on Wisconsin Retirement Systems. Before that committee can consider the bill, an actuarial study must be completed to assess the costs the measure would create for the WRS. Having this information will help the WPPA, as the only law enforcement group actively lobbying for this measure, to continue to build momentum for it as it moves through the legislative process.

The WPPA is pleased to report that the final budget includes the funding necessary for this actuarial study, and that we have already begun working with Sen. Bob Jauch’s (D-Poplar) office to see that this study is commenced as soon as possible.

Veterans Tuition Benefits Largely Restored:

A new law enacted last year originally allowed veterans to attend graduate school for free and a lifetime in which to qualify for the higher education aid. Enrollment in the program exceeded expectations, resulting in skyrocketing costs and an unanticipated financial impact on the UW System. The budget approved by the Joint Committee on Finance changed the program so that veterans would only be allowed to receive free tuition for undergraduate studies and within 10 years of leaving military service. The senate budget adopted on June 26 allowed veterans and survivors of veterans more access to one additional degree, including graduate school, and postponed the beginning of the 10 year limit for surviving children until they reach 18 years of age. The version of the budget subsequently approved by the Assembly agreed to those changes, but failed to include any funding for these benefits. The budget signed into law by Governor Doyle fully funds this measure.
Other Collective Bargaining Issues:
The following provisions were included in the budget approved by the State Assembly but are not included in the final budget enacted into law last week:

Other Public Safety-Related Measures:

The final budget also does the following:

Anyone with questions or comments is welcome to contact WPPA Assistant Executive Director Jim Palmer, either by telephone at 800.362.8838, or by e-mail at palmer@wppa.com.