Role of Municipal Government

Role ofLocal Government

Philip J. Freeburg, J.D.Local Government Center,

University of Wisconsin Extension-Madison

ObjectivesRoles 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 GovernmentFederal Government role: Constitution is the framework of federal

powers

What are these powers?

Federal Government PowersDefenseInternational and Native American RelationsRegulate Interstate & Foreign CommercePostal Service and RoadsCurrency and Regulation of MoneyFederal Court SystemCopyrights and PatentsTaxation and Borrowing MoneyProvide for Common Defense & General Welfare

State PowersAmendment 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 GovernmentsThe US constitution does not mention County,

Town, City, or other Municipal Government

Government ResponsibilityBecause 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?

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 protectionHow to fund it with taxes or grantsMaybe entered an agreement with another

local government to obtain or jointly provide fire protection

County :Provides the 911 Service to dispatch the fire

departmentThrough Emergency Government:

Coordinates emergency service in the countyAssisted with grants for equipment and

training

State GovernmentSets requirements and standards for local

governments to provide fire protectionSometimes assists or services grant funding

Federal GovernmentThrough 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 Counties1,265 Towns402 Villages190 Cities426 School Districts16 Wisconsin Technical

College Districts

“Wisconsin has a tradition of many local government services handled

‘close to home’ by local people.”The Framework of Your Wisconsin Government

Wisconsin Taxpayers Alliance (2005)

Organization of Wis. Local Government

CountyCounty Executive,

County Administrator or Administrative

Coordinator

Circuit Court

County Board

Central AdministrationCounty ExecutiveCounty AdministratorAdministrative Coordinator

Elected County OfficialsSheriff*District Attorney *Coroner*Register of Deeds*

*Positions named in State Constitution

Clerk of Circuit CourtsCounty ClerkTreasurerSurveyor

County Boardof Supervisors

Supervisors serve primarily a legislative roleThe legislative function is largely limited to policy

making, law making, budgetary approval, and cooperative decision-making

No operational control resides with individual supervisors

Home RuleDefinition: the authority the state concedes to

a local government to govern its own affairs within its own boundaries.

Home RuleCities 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 MeetingMeeting of “Electors”

All persons eligible to voteDirect 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 AuthorityExercise Village PowersPurchase or convey town real property

Town Board ofSupervisors

3 to 5 SupervisorsDecision Making and AdministrationChairman:

Presides over Board Meetings and Town Meetings

Signs Town documentsSees to administration of StatutesAct on Authorization of BoardStatute specified duties

Typical Town Services

Public Improvements, Road Building and Maintenance

Regulation & Enforcement as required by state and county

Parks and Recreation FacilitiesSome Towns :

PoliceLand Use Regulation“Village Powers”

Town OfficialsClerkTreasurerConstable

Finer Point“Town” is a specific unit of government

“Township” is surveyors geographic unit, typically 6 miles by six miles

Cities and Villages“Incorporated”Extensive “Home Rule”Usually more concentrated populationMay 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 OfficerOversees state and local law is observed and

enforcedProvide information and recommendation

action to City CouncilAppoint citizens to Commissions and BoardsHead of police and fire departments

Unless Police and Fire commission has management power

City CouncilMayor presides but only votes to break a

tieMost elected to represent districtsLength of terms, Staggered terms

determine by Charter Ordinance under Home Rule

City CouncilAlderpersons serve primarily a legislative

roleThe legislative function is largely limited

to policy making, law making, budgetary approval, and cooperative decision-making

No operational control resides with individual Alderpersons

City OfficialsClerkTreasurerAttorney*Police and Fire ChiefsAssessor*Engineer*Board of Public Works*Street Commissioner*

*Or provide otherwise for performance of their assigned duties

Villages

Board of Trustees

Village Board of Trustees6 Trustees

3 Trustees in villages of 350 people or lessElected at LargeVillage President

Presides over Board Meetings“Maintain Peace and Good Order”Sees that “ordinances are… obeyed”

Village Board of TrusteesAs 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 OfficialsClerkTreasurerAssessorPolice and Fire Chiefs

Third Branch Cities, Villages and Towns

Municipalities may create Municipal CourtsHears, Decides and Imposes Judgments on

Ordinance Violation CasesMunicipal Judge(s) electedJudges supervised by Supreme Court

Manager Form of GovernmentCity Council-Manager or Village Board-

Manager PlanAdopted by Charter Ordinance or Public

Petition and ReferendumAppoint a manager who then is:

the chief executive officer of the city [or village]

The head of the city [or village] administration19 Cities and Villages have Managers Form

of Government

Manager Form of GovernmentChapter 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

11 Wisconsin Cities use this form

Other Local GovernmentsTown Sanitary DistrictsMetropolitan Sewerage DistrictLake DistrictsDrainage DistrictsWisconsin Technical College DistrictsSchool District

Questions

Find Out MoreLocal Government Center

lgc.uwex.eduThe Framework of Your Wisconsin Government

published by The Wisconsin Taxpayer AllianceThe 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

Role ofLocal Government

Philip J. Freeburg, J.D.Local Government Center,

University of Wisconsin Extension-Madison

234 Lowell Hall, 610 Langdon StreetMadison, WI 53703

(608) 265-6273