LOCAL UNION No. 487 v. EAU CLAIRE

No. 86-1637.

147 Wis.2d 519 (1989)

433 N.W.2d 578

LOCAL UNION NO. 487, IAFF-CIO, Local Union No. 29, Professional Police Association, Police Command Group, Local Union No. 9, Eau Claire Professional Police Association (Patrol Group), David Patrow, Brad A. Gough and David Malone, Plaintiffs-Respondents. v. CITY OF EAU CLAIRE, Eric Anderson, James McFarlane and John Brown, Defendants-Appellants-Petitioners.

Supreme Court of Wisconsin.

Decided January 12, 1989.


Attorney(s) appearing for the Case

For the defendants-appellants-petitioners there were briefs and oral argument by Frederick W. Fischer, city attorney, Eau Claire.

For the plaintiffs-respondents there was a brief by Richard v. Graylow and Lawton & Cates, S.C., Madison, and oral argument by Mr. Graylow.

Amicus curiae brief was filed by James H. Schneider, Madison, for League of Wisconsin Municipalities.


STEINMETZ, J.

The issue in this case is whether, under the Wisconsin Constitution art. XI, sec. 3 or sec. 62.11(5), Stats., the city of Eau Claire possesses sufficient home rule authority to establish a public safety officer (PSO) program. We conclude that the city of Eau Claire does not have the authority to create such a program, and, therefore, we affirm the court of appeals.

In June, 1985, the unions and members thereof filed this action together with...

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