MINUTES LEGISLATIVE/AUDIT & HUMAN RESOURCES COMMITTEE TUESDAY, SEPTEMBER 13, 2011

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1 MINUTES LEGISLATIVE/AUDIT & HUMAN RESOURCES COMMITTEE TUESDAY, SEPTEMBER 13, 2011 Members Present: J. Pleuss, J. Mahan, W. Defferding, J. Iverson, S. Griesbach Members Excused: Others Present: A. Schmidt, Outagamie County Board Vice-Chair M. Wadium, Lobbyist R. Sunstrom, Human Resources Director H. Nagler, Outagamie County Board Chair M. Salfai, Senior Human Resources Analyst * J. Wittmann, Maintenance Supervisor * M. Schroeder, Assistant Corporation Counsel * B. Hinkley, Employment & Training Administrator * C. Moser, Deputy Executive Administrator * C. Schmidt, Outagamie County Supervisor * J. Schuette, Outagamie County Supervisor * M. Lenss, Airport Director J. Janssen, Legislative Services Manager N. Elsen, Legislative Services (*Attended a portion of the meeting) Chairman Pleuss called the meeting to order at 2:00 P.M. MINUTES MOTION: SUPERVISOR MAHAN/DEFFERDING MOVED TO APPROVE THE JULY 26, 2011 MINUTES, AS PRINTED. VOTE: AYES; UNANIMOUS. MOTION CARRIED. WISCONSIN COUNTIES ASSOCIATION CONVENTION RESOLUTIONS Lobbyist Wadium discussed the following Wisconsin Counties Association Convention Resolutions with the Committee: Resolution 1, Pepin County; Establishing a Non-Partisan Election for the Legislature and County Offices MOTION: SUPERVISOR IVERSON/GRIESBACH MOVED TO NOT VOTE ON RESOLUTION 1, ESTABLISHING A NON-PARTISAN ELECTION FOR THE LEGISLATURE AND COUNTY OFFICES. VOTE: AYES; UNANIMOUS. MOTION CARRIED. Resolution 2, Outagamie County; Recommending the State of Wisconsin Keep its Current Recycling Program MOTION: SUPERVISOR GRIESBACH/DEFFERDING MOVED TO SUPPORT RESOLUTION 2, RECOMMENDING THE STATE OF WISCONSIN KEEP ITS CURRENT RECYCLING PROGRAM. VOTE: AYES; UNANIMOUS. MOTION CARRIED. Resolution 3, Eau Claire County; Opposing the Centralization of Income Maintenance Programs MOTION: SUPERVISOR IVERSON/DEFFERDING MOVED TO SUPPORT RESOLUTION 3, OPPOSING THE CENTRALIZATION OF INCOME MAINTENANCE PROGRAMS. VOTE: AYES; UNANIMOUS. MOTION CARRIED.

2 Page 2 Resolution 4, Outagamie County; Opposing the Cuts to the Child Support Program, Food Stamp Program and Medicaid and Supporting the Restoration of Funding at the Federal Level MOTION: SUPERVISOR GRIESBACH/DEFFERDING MOVED TO SUPPORT RESOLUTION 4, OPPOSING THE CUTS TO THE CHILD SUPPORT PROGRAM, FOOD STAMP PROGRAM AND MEDICAID AND SUPPORTING THE RESTORATION OF FUNDING AT THE FEDERAL LEVEL. VOTE: AYES; UNANIMOUS. MOTION CARRIED. Resolution 5, Eau Claire County; Supporting the Work of Western Dairyland and Continuing Community Development Block Grant Funding at 2008 Levels MOTION: SUPERVISOR DEFFERDING/MAHAN MOVED TO TAKE NO POSITION ON RESOLUTION 5, TO SUPPORT THE WORK OF WESTERN DAIRYLAND AND CONTINUING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AT 2008 LEVELS. VOTE: AYES; PLEUSS, MAHAN, DEFFERDING, GRIESBACH. NAY; IVERSON. MOTION CARRIED. Resolution 6, Outagamie County; Operating a Motor Vehicle While Under the Influence of an Intoxicant MOTION: SUPERVISOR GRIESBACH/DEFFERDING MOVED TO SUPPORT RESOLUTION 6, OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF AN INTOXICANT. VOTE: AYES; UNANIMOUS. MOTION CARRIED. Resolution 7, Outagamie County; Supporting Legislation Repealing the 1992 County Tax Levy Rate Limit MOTION: SUPERVISOR GRIESBACH/DEFFERDING MOVED TO SUPPORT RESOLUTION 7, SUPPORTING LEGISLATION REPEALING THE 1992 COUNTY TAX LEVY RATE LIMIT. VOTE: AYES; UNANIMOUS. MOTION CARRIED. Resolution 8, Outagamie County; Opposing a Decrease in Delinquent Property Tax Interest Rates MOTION: SUPERVISOR GRIESBACH/DEFFERDING MOVED TO SUPPORT RESOLUTION 8, OPPOSING A DECREASE IN DELINQUENT PROPERTY TAX INTEREST RATES. VOTE: AYES; UNANIMOUS. MOTION CARRIED. CHAIR/MANAGER REPORT - WCA/NACo Dues County Board Chair Nagler reported that during the last Committee Chairs meeting there was discussion regarding Wisconsin Counties Association (WCA) membership. The committee concurred that our needs are not being met at this time. Legislative Services Manager Janssen completed the 2012 Legislative Service Office Budget without WCA membership dues. Nagler advised that she was contacted today by WCA and offered a position on the WCA Board of Directors, to which she did not accept. Nagler advised that in speaking with Lobbyist Wadium, he suggested that we upgrade the Wheeler Report, subscribe to WisPolitics and continue membership with the NACo. Nagler reported that all Supervisors were provided a copy of the NACo Participation and Membership Benefits Report which reflected a savings of $231, for Outagamie County residents utilizing the NACo prescription card. CONCEAL CARRY LEGISLATION/REQUEST TO DRAFT A COUNTY ORDINANCE TO PROHIBIT WEAPONS IN THE BUILDING The Committee discussed the Conceal Carry legislation in Wisconsin Act 35. Effective November 1, 2011, licensed individuals will be permitted to carry concealed weapons in the State of Wisconsin. Assistant Corporation Counsel Schroeder reported that there are several places that a licensee cannot carry a concealed weapon, a weapon that is not concealed or a firearm that is not a weapon. Section (16) of Senate Bill 93 states that items cannot be carried in any portion of a building that is a:

3 Page 3 1. Police station, sheriff s office, state patrol station or office of a Division of Criminal Investigation Special Agent of Department of Justice <175.60(16)(a)1> 2. Prison, jail, house of correction or secured correctional facility <175.60(16)(a)2> 3. Secured unit or secured portion of a mental health institution or facility <175.60(16)(a)5> 4. County, state or federal courthouse <175.60(16)(a)6> 5. Municipal courthouse, if court is in session <175.60(16)(a)7> 6. Place beyond a security checkpoint in an airport <175.60(16)(a)8> Schroeder reported that the legislation amends the existing trespass statutes to enable public and private property owners to prohibit individuals from carrying concealed firearms in Section , which is the issue currently being raised in County Administration. The trespass provisions apply to both licensees and people unlicensed and to both concealed and open carry of firearms. Schroder explained that the County, as a property owner, can ban individuals from carrying firearms on its property as long as proper notice is provided to licensees. To notify licensees of the ban in accordance with its authority under the County must place signs that state this restriction in a prominent place near all entrances to the building or near all probable access points to the grounds or land to which the restriction applies. The signs must be at lease 5X7 inches and located in a place where an individual entering the building, grounds or land can be reasonably expected to see it. The County will have to pass an ordinance that bans concealed firearms in County buildings to give itself authority to post signs and enforce the trespass statute. However, the County cannot ban concealed firearms from buildings that it owns but leases as business or rental premises though the lessees can ban firearms themselves. The County also cannot ban firearms from vehicles driven or parked in parking facilities. The trespass provisions allow property owners to ban concealed firearms not concealed weapons. Employment and Training Administrator Hinkley reported that the opinion of the Concealed Carry Committee is that it would be prudent to enact such a ban and asked for an ordinance to ban weapons to the extent allowable under the new law. Hinkley advised that the Committee also believes that the County should have the right to ban weapons and not only firearms from all facilities. The Concealed Carry Committee feels there are too many functions within the County such as: Economic Support, Child Protection and Family Court Mediation where tensions understandably run high, but for the protection of employees an ordinance should be in place. Schroeder advised that if a person, business or local government chooses to not ban firearms/weapons, they are given immunity from liability from anyone licensed that harms someone. Vice Chair Schmidt questioned if the County bans concealed weapons, if this bans strictly firearms in which Schroder advised that it includes many weapons such as billy clubs and knives. Schmidt questioned how a billy club or knife is properly licensed. Schroeder advised that the Department of Justice is supposed to offer training, but there is no such training yet. Supervisor Defferding stated that the County cannot afford to place magnetometers in each entrance, but can control the entrances to the buildings and suggested a procedure be developed for response if a situation arises. Hinkley reminded the Committee that under the new law the County does not have authority to ban weapons from buildings except certain areas, only firearms can be banned. Supervisor Pleuss questioned if the Sheriff responded in regard to enforcement if the ban is approved. Schroder advised that this was not discussed. Schroder advised that though the effective date is November 1, 2011, the State has not yet approved training programs and licenses probably would not begin to be issued until December in the State of Wisconsin. Schroeder stated that if you are properly licensed in another state, you can carry effective November 1 st. Pleuss requested a representative of the Sheriff s Department be available for discussion at the next meeting. Defferding requested that Corporation Counsel coordinate a draft ordinance with the Sheriff determining buildings at risk and other comprehensive issues for specific discussion at the next meeting. Defferding also suggested including any policy changes that are not outlined in the ordinance. HUMAN RESOURCES DIRECTOR S REPORT - Human Resources Issues There were no human resources issues to report. - Labor Relations Issues Director Sunstrom reported that a tentative labor agreement with the Sheriff s Department Association is still being developed. Sunstrom advised that the last tentative contract was voted down, but hopes to have a ratified contract for Committee review by the first week of October.

4 Page 4 - Legal Issues There were no legal issues to report. - Fringe Benefit Issues and Cost Director Sunstrom reported that the new health insurance plan as stated in the Personnel Manual for employees continues to move forward. COMMITTEE CHAIRMAN REPORT Chairman Pleuss did not have anything to report. LOBBYIST REPORT Lobbyist Wadium provided the following report and August Highlights: Lobbyist addressed AB-152 & AB-180 which had a public hearing in Assembly Transportation Committee August 30. AB-152 makes changes to the Airport Improvement Projects program. AB-180 restores local government immunity that the state receives under WI Statutes and Local governments held until the 1998 Morrise V. Juneau County court case. Lobbyist also addressed a question from last Legislative/Audit Committee meeting regarding review of voter registration and voter id legislation. AB-7 relating to: requiring certain identification in order to vote at a polling place or obtain an absentee ballot, verification of the addresses of electors, absentee voting procedure in certain residential care apartment complexes and adult family homes, identification cards issued by the Department of Transportation, creating an identification certificate issued by the Department of Transportation, requiring the exercise of rule-making authority, and providing a penalty. Signed into law Wisconsin Act 23 AB-162 relating to: the date of the presidential preference primary and certain other election occurrences. On Assembly Floor SB-115 relating to: the date of the presidential preference primary and certain other election occurrences. On Senate Floor , Passed and Messaged in the Assembly. AB-161 relating to: the dates of the September primary and certain other election occurrences and absentee voting. In Assembly Rules Committee SB-116 relating to: the dates of the September primary and certain other election occurrences and absentee voting. Passed Senate, in Assembly Committee on Election and Campaign Finance Reform AB-170 relating to: creation of a task force on the elections process and election technology. Referred to committee on Election and Campaign Reform, Public hearing held. Centers for Medicare & Medicaid Services (CMS) have new rules out cutting Medicare reimbursement. Announcement made 7-29 by CMS in the evening. Cuts will take millions away from WI and will become effective October 1, $341,000 cut to Brewster Village CMS announces more accurate fy 2012 payments for Medicare skilled nursing facilities case-mix indexes recalibrated to better align payments with costs. Also requires a new assessment to capture changes in therapy services, and allocation of group therapy time to ensure payment accuracy. CMS today announced a final rule reducing Medicare skilled nursing facility (SNF) Prospective Payment System (PPS) payments in FY 2012 by $3.87 billion, or 11.1 percent lower than payments for FY A copy of the final rule is available on the CMS website at: This cut is result of 2010 Healthcare Reform passed by Federal Government.

5 Page 5 August 2011 Highlights - The Lobbyist made 100 Legislative Office/ Legislator visits and 4 Administration Staff visits/discussions. - Researched Pending Federal Cuts to Outagamie County Nursing Home from Federal Government. CMS will be reducing Medicare skilled nursing facility payment in FY 2012 to $3.87 billion or by 11.1%. - Attended W-2 meeting in Madison, discussion on IM consortium planning and Logisticare issue Joined W-2 Coalition Conference call on proposed changes to W-2 system. - Attended Assembly Urban & Local Affairs Committee hearing AJR-46 - Attended Assembly Transportation Committee hearing AB-152 & AB Sent 20 Legislative Proposals to County for evaluation LRB 2295; 2507; 1683; 1684; 2252; 1603; 2647; 2683; 2057; 2116; 0253; 2458; 2477; 2077; 0729; 0390; 0420; 2220; 2470; APPOINTMENTS The following appointment was reviewed: - County Executive Appointment of Jon E. LiDonne to Outagamie County Veterans Service Office MOTION: SUPERVISOR DEFFERDING/IVERSON MOVED TO APPROVE THE COUNTY EXECUTIVE APPOINTMENT OF JON E. LIDONNE TO OUTAGAMIE COUNTY VETERANS SERVICE OFFICE. VOTE: AYES; UNANIMOUS. MOTION CARRIED. RESOLUTION REVIEW The following resolution was reviewed: - LH , Approve Administrative Rules as Presented in the Personnel Manual MOTION: SUPERVISOR DEFFERDING/IVERSON MOVED TO FORWARD LH TO THE BOARD FLOOR. VOTE: AYES; UNANIMOUS. MOTION CARRIED. AGENDA ITEMS FOR NEXT MEETING Supervisor Pleuss requested that a representative from the Sheriff s Department attend the next meeting with regard to the Conceal Carry Legislation. Supervisor Defferding suggested that Corporation Counsel coordinate a draft ordinance with the Sheriff to determine the buildings at risk and other comprehensive issues for specific discussion at the next meeting. Defferding also suggested including any policy changes that are not outlined in the ordinance. Human Resources Director Sunstrom suggested the following items be included on the October 11, 2011 agenda: - Review of New Positions - Recommendation for Non-AS&P Employee Wage Increase - Sheriff Department Contract - Review of Jurisdictional Budgets - Chair, Vice Chair and Supervisor Salaries CORRESPONDENCE The committee reviewed the following correspondence: - County Board Mileage, Attendance Per Diem thru

6 Page 6 - Finance Committee Minutes Regarding Voter Registration & Voter ID Law ADJOURNMENT MOTION: SUPERVISOR DEFFERDING/MAHAN MOVED TO ADJOURN AT 3:43 P.M. UNTIL SEPTEMBER 27, VOTE: AYES; UNANIMOUS. MOTION CARRIED. Respectfully submitted, Natalie J. Elsen Natalie J. Elsen Legislative Services September 13, 2011