Lipscomb v. Abele

2018 WI App 58, 918 N.W.2d 434, 384 Wis. 2d 1
CourtCourt of Appeals of Wisconsin
DecidedAugust 2, 2018
DocketAppeal No. 2017AP1023
StatusPublished
Cited by1 cases

This text of 2018 WI App 58 (Lipscomb v. Abele) is published on Counsel Stack Legal Research, covering Court of Appeals of Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lipscomb v. Abele, 2018 WI App 58, 918 N.W.2d 434, 384 Wis. 2d 1 (Wis. Ct. App. 2018).

Opinion

BLANCHARD, J.

¶1 *6The Milwaukee County Board of Supervisors and the Milwaukee County Executive dispute their relative powers, as defined by closely related state statutes.1 Based on statutory interpretations, the circuit court granted and denied *7requests for declaratory relief by both sides. The Executive appeals and the Board cross appeals.

¶2 The disputes fall into two categories: (1) compensation-related issues, namely, whether the Executive or instead the Board has authority to take certain actions relating to the compensation of "unclassified" county employees; and (2) meeting-attendance issues, namely, whether the Board or Board committees may require county employees and officers, including the Executive himself or herself, to appear at Board meetings or Board committee meetings, to provide information and answer questions.

¶3 To resolve the compensation-related issues, we primarily interpret two statutes. This involves harmonizing the two statutes. One statute empowers the Board, by giving it authority to "[p]rovide, fix, or change the salary or compensation" of unclassified county employees. WIS. STAT.§ 59.22(2)(c) 1.a. (2015-16).2 The other statute empowers the Executive, by giving him or her exclusive authority to "exercise day-to-day control" of county departments and their subunits. WIS. STAT.§ 59.794(3)(a).

¶4 On the compensation-related issues, we reach conclusions that include the following. In favor of the Board, we conclude that the Executive's "day-to-day control" power does not eliminate the Board's compensation-fixing *438power, and that the Board's compensation-fixing power applies to the salary or compensation of all unclassified county employees and officers. In favor of the Executive, we conclude that the Executive's "day-to-day control" power prevents the Board from taking actions that effectively direct what *8duties may or must be accomplished by employees or officers or how they may or must perform those duties, even when a Board action may result in a compensation change.

¶5 On the meeting-attendance issues, we primarily interpret WIS. STAT.§ 59.794(3)(b), which permits "[a] board" to "require, as necessary, the attendance of any county employee or officer at a board meeting to provide information and answer questions." We reach conclusions that include the following. In favor of the Board, we conclude that the Executive is included in the definition of "any ... officer" whose appearance the Board may require. In favor of the Executive, we conclude that the "board" that may require an appearance means the Board as a whole, not any committee or other subset of Board supervisors.

BACKGROUND

¶6 The Board commenced this action. The Executive brought counterclaims. Both sides seek declarations to establish the scope of their respective statutory powers on specific topics relating to compensation or meeting attendance.

¶7 As we have indicated, two statutes are central to the disputes:

• Pertinent only to compensation-related issues is what we call "the compensation provision," WIS. STAT.§ 59.22(2).3 Most notably, the compensation *9provision allows county boards to "[p]rovide, fix or change the salary or compensation of any office, board, commission, committee."
• Both sets of issues involve WIS. STAT.§ 59.794(3), enacted in 2013 Act 14, which has two pertinent paragraphs.4
*439Paragraph (a), which we will call the "day-to-day control provision," grants the Executive exclusive power to "exercise day-to-day control *10of any county department or subunit of a department." Sec. 59.794(3)(a). Paragraph (b), which we will call the "meeting attendance provision," gives the Board power to "require, as necessary, the attendance of any county employee or officer at a board meeting to provide information and answer questions." Sec. 59.794(3)(b).

¶8 We now summarize the circuit court's five compensation-related rulings and four meeting-attendance rulings, and briefly state whether we affirm or reverse the particular ruling. We explain our conclusions in the Discussion section below. Each of our decisions is based on statutory interpretation, except our decision in the last of these summaries. There, we review the circuit court's exercise of its discretion in denying a declaration request.

*11Compensation-Related Rulings

¶9 Providing, fixing, or changing salaries of unclassified county employees. We affirm the circuit court's ruling that the Board has authority to adopt pay provisions that adjust pay ranges for all unclassified county employees and officers.

¶10 Reallocation. A reallocation decision adjusts compensation for an existing position, based on a determination that market conditions call for everyone holding that position to be paid more or less. We affirm the court's ruling that the Board has authority to enact an ordinance that gives the Board the power to veto reallocation decisions made by the county's chief human resources officer, who reports to the Executive.

¶11 Reclassification. A reclassification decision reassigns a position from one classification to another, which may cause the employee to be assigned to a higher or lower pay range. We affirm the court's ruling that the Board lacks authority to enact an ordinance that gives the Board the power to veto reclassification decisions made by the chief human resources officer.

¶12 Advancement within pay ranges. We affirm the court's ruling that the Board lacks authority to enact an ordinance that gives the Board the opportunity to block advancement-within-pay-range decisions made by the chief human resources officer based on exemplary employee performance or concern about employee retention.

¶13 Comptroller verification of payroll. We affirm the court's ruling that the Executive failed to support its request for a declaration that the Board *12lacks authority to enact an ordinance that requires the *440county comptroller to take actions that include verifying county payrolls.

Meeting-Attendance Rulings

¶14 Requiring the Executive to appear. The court determined that the Board lacks authority to require the Executive to appear at Board meetings to provide information and answer questions.

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Cite This Page — Counsel Stack

Bluebook (online)
2018 WI App 58, 918 N.W.2d 434, 384 Wis. 2d 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lipscomb-v-abele-wisctapp-2018.