Franklin alderman Steve Olson does not want to see a repeat of what happened in the city of Milwaukee last November. Olson has introduced a resolution that will be taken up at Tuesday’s Franklin Common Council meeting that would ban a sick leave mandate.
On November 4, 2008, city of Milwaukee voters approved a referendum to create a sick-leave law. Under the law, employees are required to receive up to one hour of paid sick leave for every 30 hours worked in the city of Milwaukee, even if the employer is based outside Milwaukee, amounting to nine days each year. Employees of businesses with less than 10 workers would receive to five sick days per year. The Metropolitan Milwaukee Association of Commerce (MMAC) is suing the city over the law.
MMAC correctly argues that the new law is a jobs killer. The struggling economy will prevent businesses from increasing their budgets to pay for the additional sick days. They will have to resort to cutting jobs or benefits.
Milwaukee’s law led West Allis and South Milwaukee to pass their own laws barring sick leave mandates, West Allis on December 2, South Milwaukee on December 16. Olson wants Franklin to adopt a similar law.
Here’s Olson’s resolution:
An Ordinance to Create Chapter 191 of the Municipal Code Relating to the Non-Regulation of Employee Wages or Benefits for Private Businesses (Ald. Olson)
Attached is a draft ordinance as above-entitled and as requested by Aldermen Olson. Also attached are copies of news reports of like ordinances being adopted by the Cities of South Milwaukee and West Allis, and of litigation being commenced against the City of Milwaukee to enjoin the enforcement of certain direct legislation, where a November 2008 referendum produced the direct legislation which requires private businesses in Milwaukee to provide sick pay benefits to employees. The South Milwaukee and West Allis legislation are presumably based upon the following rule of law in an attempt to in effect preempt any direct legislation in those municipalities as had occurred in Milwaukee. Direct legislation cannot be used to compel a city council to repeal an existing ordinance or resolution or to compel the passage of an ordinance which would be in clear conflict with one already in existence, such that it would act as a repealer of the existing ordinance. Heitman v. City of Mauston Common Council, 226 Wis.2d 542, 595 N.W.2d 450 (Ct. App. 1999), review denied 604 N.W.2d 572, 230 Wis.2d 275.
STATE OF WISCONSIN CITY OF FRANKLIN MILWAUKEE COUNTY ORDINANCE NO. 2009-_____ AN ORDINANCE TO Create CHAPTER 191 of the Municipal Code Relating to THE NON-REGULATION of Employee Wages or Benefits for Private Businesses
WHEREAS, the Common Council of the City of Franklin seeks to foster a positive and growing business climate within the City; and
WHEREAS, Franklin is home to many small and medium sized businesses; and
WHEREAS, the Common Council of the City of Franklin recognizes its responsibility in promoting a free market and limited government intrusion into private enterprise.
NOW, THEREFORE, the Mayor and Common Council of the City of Franklin, Wisconsin do ordain as follows:
SECTION 1: Chapter 191 of the Municipal Code of the City of Franklin, Wisconsin, is hereby created to read as follows:
“Chapter 191 PRIVATE BUSINESS EMPLOYEE WAGE AND BENEFIT NON-REGULATION
§191-1. Limitation of municipal regulation.No ordinance of the City of Franklin nor any other municipal ordinance, rule, or regulation shall mandate that any business entity, other than the City itself, shall provide certain wages or benefits to its employees or set forth the amount or type of any employee wages or benefits provided by an employer located within the City limits.”
SECTION 2: The terms and provisions of this ordinance are severable. Should any term or provision of this ordinance be found to be invalid by a court of competent jurisdiction, the remaining terms and provisions shall remain in full force and effect.
SECTION 3: All ordinances and parts of ordinances in contravention to this ordinance are hereby repealed.
ORDINANCE NO. 2009-_____
SECTION 4: This ordinance shall take effect and be in force from and after its passage and publication.
Introduced at a regular meeting of the Common Council of the City of Franklin this ______ day of __________________, 2009, by Alderman
___________________________.
Passed and adopted at a regular meeting of the Common Council of the City of Franklin this ______ day of _______________________, 2009.
APPROVED:
Thomas M. Taylor, Mayor
ATTEST:
Sandra L. Wesolowski, City Clerk This is a sound resolution that needs to be approved by the Franklin Common Council next Tuesday.
Milwaukee, San Francisco and Washington, D.C., have the sick-leave mandates.
