State law guards safety services from cuts

Julian Emerson

Nov. 7, 2009 (McClatchy-Tribune Regional News delivered by Newstex) -- Local governments in Wisconsin looking to make up budget shortfalls by reducing police or fire department expenses had better think again.

A little-publicized provision known as the "maintenance of effort for emergency services" included in the 2009-11 state budget the Legislature approved earlier this year stipulates that local governments statewide must spend as much or more for police and fire services in 2010 and future years than they did this year. The legislation is intended to protect public safety jobs from possible layoffs and firings amid budget difficulties.

The provision, which would impact Wisconsin municipalities, states that local governments can reduce expenditures for police and fire services only with the permission of the state Department of Revenue. Municipalities may reduce public safety spending only if any savings are determined to be because of new efficiencies and not from a reduction of service levels.

If a municipality fails to comply with the maintenance of effort requirement, the DOR can reduce its shared revenue payment as a penalty.

The issue has prompted criticism by local government officials and others across the state.

"It's mind-boggling. It really is," Wisconsin Taxpayers Alliance President Todd Berry said of the legislation. "I still can't believe it."

The measure is particularly troubling, Berry said, because it marks a new level of state control over local budgets.

State laws regarding employee compensation already regulate much of personnel-related costs, the largest portion of local government budgets. The state also limits how much municipalities can increase property taxes each year to pay for services and has reduced the amount of state aid making its way to many communities.

Now, amid those restrictions, the state is dictating that local governments must maintain or increase spending for police and fire services.

"This is even worse than unfunded mandates," Berry said of the often-criticized phenomenon of the state requiring local governments to provide additional services without kicking in state aid to pay for them. "It denies local governments flexibility to spend money as they see fit."

Others also are critical of the public safety measure, saying it was enacted by the Democrat-controlled Legislature as a political favor after unions representing police and fire departments lobbied Gov. Jim Doyle and legislative leaders to include the provision signed into law June 29.

"The politics of the new law ... are perfectly clear," said Dan Thompson, executive director of the Wisconsin League of Municipalities. "The union goal is to prevent city councils and village boards from reducing the number of police officers and firefighters on the municipal payroll."

Union officials representing Wisconsin police and fire departments argued that the issue isn't about political favoritism but preserving jobs that communities value.

Jim Palmer, executive director of the Wisconsin Professional Police Association, praised the Legislature's action, saying retaining public safety employees is vital, especially during an economic recession in which crime increases.

"I think it's good public policy," Palmer said of the public safety legislation. "The Legislature appreciates that public safety is a priority in Wisconsin."

The Legislature passed not only the maintenance of effort legislation but also approved a 75-cent monthly fee on phone lines, which will cost consumers $97 million over two years. The fee is designed to help local governments pay for police, fire and 911 emergency services.

"We knew local governments would be receiving less state aid ... and without this money (from the 75-cent fee) there could have been possibly devastating budget cuts from public safety," said state Sen. Pat Kreitlow, D-Chippewa Falls.

Kreitlow defended the legislation intended to preserve public safety, saying those jobs are considered important in all parts of Wisconsin.

"I find it ironic that when (Democrats) make public safety a priority, we are criticized," Kreitlow said. "Public safety is one of the top priorities in any budget."

Police and fire reductions weren't on the table as part of the 2010 budget the Eau Claire City Council adopted Thursday, and council members have consistently ranked public service jobs as a top funding priority.

However, given the city's ongoing budget problems and the fact that public safety spending makes up 46 percent of the city budget, the council may have little choice but to consider cutting back future police and fire services. Several council members object to the state dictating those actions.

"Those kinds of decisions are best left up to local municipalities," Councilman Dave Duax said. "It makes us angry when the state attempts to make those decisions for us."

Other local government leaders were similarly frustrated at the maintenance of effort provision. Like Eau Claire, many hold public safety jobs in high regard, but future reductions could be necessary if budget shortfalls aren't reduced.

Even with protections, police officers and firefighters could face future layoffs, Berry said, if pay raises outpace allowable tax levy limit increases. In the meantime, local government officials will have to find reductions from other programs.

"There is a trend over the years of the state increasingly intruding into local government," Berry said, "and this is another intrusion."

Emerson can be reached at 830-5911, 800-236-7077 or julian.emerson@ecpc.com.

Newstex ID: KRTB-0398-39528173