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March 2010

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Officials look at banning mandatory sick-day policy

City could join others reacting to Milwaukee

The city of Brookfield is taking a look at prohibiting the Common Council from requiring private businesses to provide certain wages or benefits to employees.

The issue, introduced as a legislative referral by 6th District Alderman Jerry Mellone, stems from a recent ordinance in the city of Milwaukee that requires businesses to give paid sick days to their employees.

The city's Legislative and Licensing Committee held initial discussions on the topic Feb. 17 and plans to revisit the matter next month.

Discussion last week was mainly introductory, City Attorney Karen Flaherty said. The committee asked Flaherty to gather more information to let aldermen know how a potential ordinance would work in Brookfield.

Milwaukee case in court

The Milwaukee ordinance came about through direct legislation, which allows community residents to submit a petition requesting a proposed ordinance - in this case, requiring businesses to give employees paid sick days - either be adopted without alteration by the municipality's governing body or be referred to a vote in the next election.

Since the passage of Milwaukee's ordinance in November, several Waukesha and Milwaukee county municipalities have enacted their own ordinances to prevent similar direct legislation efforts from coming forward. Direct legislation petitions cannot repeal existing ordinances.

The Milwaukee ordinance was supposed to take effect this month, but the Metropolitan Milwaukee Association of Commerce is fighting the issue in court. The next court hearing is scheduled for May 11.

City Clerk Kris Schmidt said some of the discussions focused on whether Brookfield should act on the sick-day ordinance, considering things are still unsettled with the Milwaukee County case.

County chamber opposes law

The Waukesha County Chamber of Commerce in January launched an effort to oppose Milwaukee's sick-day ordinance, saying the policy will be costly to business owners.

"We recognize that the mandatory sick-leave policy is bad for businesses in Milwaukee, and has real epidemic potential, threatening to spread to neighboring communities," Brian Nemoir, chamber board member, said in a news release.

The ordinances that have been passed in local communities - most recently Brown Deer on Feb. 23 - pretty much all have the same language and just change the name of the community, Flaherty said.

Schmidt said aldermen wanted to take a closer look at a potential ordinance and see exactly how it would affect the city.

Alan Hamari can be reached at (262) 446-6601.

NEXT STEP

WHAT: Legislative and Licensing Committee discussion on possible ordinance governing wages and benefits

WHEN: 7:15 p.m. Tuesday, March 3

WHERE: City Hall, 2000 N. Calhoun Road

INFORMATION: City Clerk Kris Schmidt, (262) 796-6653


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