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Local Government Employee Issues Municipalitythe A publication of the League of Wisconsin Municipalities February 2015, Volume 110, Number 2 Local Government Employee Issues In this issue: Protective Services Collective Bargaining Municipal Grievance Policy WI Municipalities’ Employment Statistics Municipalitythe A publication of the League of Wisconsin Municipalities February 2015 Volume 110, Number 2 Departments Contents From the Protective Service Executive Dir. 41 Collective Bargaining in a Post-Act 10 and Act 32 World 42 Legal FAQs 58 Municipal Grievance Policy Under League Acts 10 and 32 52 Calendar 67 Wisconsin Municipalities’ Web Employee Statistics 61 Siting 67 We’re Gearing Up Legal Join the Captions 69 League’s Lobby Team 62 Local Officials Street Talk In the News 70 One Hundred Years Ago 65 Cover photo: Village of Work Place Wellness Programs Waunakee Fire Station No. 1 by Jean Staral. How Well Do You Measure Up 71 the Municipality February 2015 39 From the Executive Director Don’t Forget Leadership This month’s issue of the Municipality You’re a manager and you need to hawks soar but can’t run worth is focused on important topics for the understand how to use the tools of a darn.) people who manage local govern- management. But you must also be ments. In the last few years, a lot has a leader. You are the one who must There are lots of ways to define the changed when it comes to manag- have the vision of where your com- skills needed for leadership, but I ing local government employees, munity is and where it should be, or think these four work pretty well. and we’ve asked some of the state’s could be. And you have to sell that How do you rate on each one? Which leading personnel experts to give you vision. ones do you need to polish? their best advice on these changes. It’s great information and I hope you Both management and leadership This year, the League will be provid- find it useful for your management require study and practice. Even ing you with plenty of management tool box. people who are “born leaders” need skills training, but we also want to to practice their craft. (Most of us help hone your leadership skills. Along with management, you as require a lot of practice.) This after- Later this spring we’ll hold New a community leader have another noon, I enjoyed a webinar by national Officials Training. In the summer, we important topic to study. That topic author and leadership trainer, Anne host the Chief Executives Confer- is leadership. Leadership matters, Grady. http://www.annegradygroup. ence, and in the fall our Annual whether you’re the Mayor, Village com/. Grady put leadership skills into Conference will provide you with President, Trustee, or Council mem- 4 basic baskets: opportunities to learn how to manage, ber, or appointed manager or admin- and how to lead. istrator. Leading is convincing people • Lead by example (because hypo- to follow you and to adopt your ideas. crites make lousy leaders.) You’re the leaders of Wisconsin’s (Remember the last time the Village • Invest in relationships (if you communities. Sometimes you lead Board shot your great idea down? know how the people around city or village employees. Sometimes Leadership matters.) you “tick,” it’ll be easier to keep you lead fellow elected officials. them on time.) Sometimes you have to lead an entire The difference between leadership • Have high expectations (What community. It’s a basic skill, and per- and management is the difference you see is what you get from haps your most important one. We’re between creating a sculpture and people. See great things.) here to help you sharpen it. banging on rocks with sharp objects. • Maximize strengths. (Rabbits are Leadership is the art of creating; great runners but lousy fliers and management is the tactics and tools. Jerry Deschane The Municipality OFFICERS DIRECTORS President 2015 TERM Official Monthly Publication of the Tim Hanna League of Wisconsin Municipalities Dean Boehne Mayor, Appleton Volume 110, No. 2, February 2015 President Eileen Nickels Strum Council President, Platteville Editorial Offices — Justin Nickels Mayor, Manitowoc 131 W. Wilson St., Suite 505, Madison, WI 53703 Donna Olson Dial (608) 267-2380 1st Vice President Mayor, Stoughton Dan Devine In-State (800) 991-5502 2016 TERM Fax: (608) 267-0645 Mayor Michael Aubinger STAFF e-mail: [email protected] West Allis President, Ashwaubenon Website: www.lwm-info.org John Dickert Executive Director Jerry Deschane Mayor, Racine 2nd Vice President Neil Palmer Assistant Director Curtis Witynski The Municipality serves as the medium of exchange of ideas President, Elm Grove and information on municipal affairs for the officials of George Peterson Ashanti Hamilton Legal Counsel Claire Silverman Wisconsin cities and villages. Nothing included herein is to Alderman, Milwaukee President Assistant Legal Counsel Daniel M. Olson be construed as having the endorsement of the League unless Rothschild 2017 TERM so specifically stated. The Municipality (ISSN 0027-3597) is Tammy Bockhorst Publications Coordinator Jean M. Staral published monthly at $25 per year ($5.00 per copy, back issues Trustee, Shorewood $5.00 each) by the League of Wisconsin Municipalities, 122 W. Past President Kathey Ehley Event Manager Carrie Jensen Mayor, Wauwatosa Washington Ave., Suite 300, Madison, WI 53703. Periodical Larry Arft Al Erickson Technology Coordinator Mary K. Malone postage paid at Madison & additional offices, WI. POST- Manager Mayor, Mosinee MASTER: Send address change to: The Municipality, 122 W Dean Kaufert Member Engagement/Comm Gail Sumi Beloit Washington Ave, #300, Madison, WI 53703-2715. Mayor, Neenah Administrative Assistant Ginger Contreras the Municipality February 2015 41 Legal Comment Protective Service Collective Bargaining In a Post-Act 10 and Act 32 World 42 the Municipality February 2015 Legal Comment Protective Service Collective Bargaining In a Post-Act 10 and Act 32 World By Attorneys James R. Korom and Kyle J. Gulya he passage of 2011 Act 10 and, to a lesser degree, 2011 Act 32, Twere watershed events that dramatically changed collective bargaining for all Wisconsin municipal employers. Act 10 gave local municipal employers sweeping control over personnel costs, job security, and perhaps most significantly, over day-to-day op- erational decision-making. Local municipal employers have used these “tools” — some to greater and varying degrees than others — to achieve substantial cost savings and operational efficiencies, James Korom is an attorney and and to develop sustainable compensation and benefit packages for shareholder in the law firm of von Briesen & Roper, s.c. their employees that reflect the labor market in a time of reduced <[email protected]> or government revenue streams. <www.vonbriesen.com>. Act 10 made this possible by drastically limiting the scope of collective bar- gaining for general municipal employee collective bargaining units to wages, and even then only to “total base wages.” Act 10 also allowed the municipal employer to impose its last best offer once the parties reached impasse, thereby eliminating interest arbitration for general municipal employees. Effective use of this virtually unrestricted freedom has allowed most municipal employers to change wages and benefits, but also to completely change how services are provided, and how employees are evaluated. These three components: (1) levels of compensation, (2) job security, and (3) freedom to direct the workforce — are reserved to management. While not as extensive, through Act 32, the Legislature made meaningful chang- es to collective bargaining for public safety bargaining units. Those changes are Kyle J. Gulya is an attorney and the subject of this article. While the legislature has preserved most of the tradi- shareholder in the law firm of tional scope of bargaining for public safety unions, and preserved the traditional von Briesen & Roper, s.c. He access to interest arbitration to resolve disputes, it has been the change to the ne- may be reached at <kgulya@ vonbriesen.com> or <www. Protective Service Collective Bargaining vonbriesen.com>. continued on page 44 the Municipality February 2015 43 Legal Comment Protective Service Collective Bargaining ditions in the jurisdiction of from page 45 the municipal employer than the arbitrator gives to the fac- gotiability of one critical issue, health tors under par. (bm). The arbi- insurance, that has generated the most trator shall give an accounting significant impact on how negotiations of the consideration of this in those units are carried out. factor in the arbitrator’s deci- ct 32 also sion.5 A 2011 ACT 32’S MAJOR CHANGES Third, the legislature applied some of Act 32 first tried to make clear which “established a new the economic components of Act 10 classes of employees would continue to new hires in public safety employ- to enjoy broad access to collective bar- ment. Thus, employees initially em- gaining and those covered under the ployed by the participating employer “greater weight” narrower scope of bargaining under on or after July 1, 2011, are required to Act 10. Act 32 only covers an employ- pay towards WRS the same percentage ee who is a “public safety employee”1 statutory factor share as that paid by general municipal or a “transit”2 employee. The new employees. Employees hired before law defined “public safety employee” July 1, 2011, could still lawfully bar- as those persons classified by the that interest gain over that obligation. Sensitive to employer as a protective occupation the problems of compression between participant under Wisconsin Statute the wage and benefit packages of section 40.02(48)(am), in the occupa- arbitrators must non-union command staff compared tions of “police officer,” “fire fighter,” to the employees they supervise, Act “deputy sheriff,” “county traffic police 32 requires command staff initially officer,” or a “person employed under consider and employed prior to July 1, 2011, to pay s.
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