WERC Issues New Recertification Election Rules

Steve Zach , Douglas E. Witte , Rick Verstegen , William L. Fahey , Frank C. Sutherland , Jennifer S. Mirus , David P. Weller , Rhonda R. Hazen | 08.02.15

Common school districts and union high school districts are required to hold an annual meeting, and many districts are now preparing for this meeting. The annual meeting is an important meeting of the electors in these districts. The electors in such districts have special powers reserved to them at the annual meeting, which are enumerated under Wis. Stat. s. 120.10. A special meeting of the electors can also be called in certain circumstances, and such meetings have the powers of the annual meeting. Powers not granted to the electors in the Wisconsin statutes are generally reserved for school boards.

Under prior law, one power reserved to electors under Wis. Stat. s. 120.10(12) was the power to authorize the sale of school district property that was no longer needed by the district. Thus, if a common or union high school district intended to sell certain school district property, including real estate or personal (moveable) property, the law required elector approval for the sale of the property. The determination that property was no longer needed by the school district and that it could be sold was typically made by affirmative vote of the electors at the annual meeting or a special meeting. 

2015 Wisconsin Act 55 made a significant change in the law, effectively amending Wis. Stat. s. 120.10(12) and renumbering it as Wis. Stat. s. 120.13(19m). As a result of this change, effective July 14, 2015, the sale of school district property no longer needed by the district now does not require elector approval. Under the amended law, the school board of a common or union high school district now has the power to sell school district property that is no longer needed by the school district without elector authorization. In turn, common and union high school districts do not need to place sales of school property on the agenda for the annual meeting, and the sale of such school district property can be handled solely by the board. 

It is important for districts to note, however, that Act 55 did not change the law related to acquisition of real estate by a common or union high school district. Section 120.10(5m) of the Wisconsin Statutes still provides that electors may authorize the school board to acquire, by purchase or condemnation, real estate and structures and facilities appurtenant to such real estate necessary for school district purposes. Thus, acquisition of real estate still generally requires elector approval at an annual or special meeting, although there are some exceptions (such as when approval is granted through a referendum election). It is important to remember that, even though elector approval authorizes a transaction, the school board is not required to complete it. The board still retains the authority to decide whether to complete a transaction and to determine the terms of a transaction. 

We will continue to keep you informed of important changes in the law and their impact on your district. 

For more information about this topic, please contact Rick Verstegen, the author of this article, or any of the Boardman Clark, LLP School Law Practice Group attorneys listed below.

If you have any questions regarding this topic, please call any of the following attorneys at Boardman & Clark LLP. 

Michael J. Julka 608.286.7238 | Email

James K. Ruhly 608.283.1738 | Email

Steve Zach 608.283.1736 | Email

JoAnn M. Hart 608.286.7162 | Email

Doug Witte 608.283.7529 | Email

Richard F. Verstegen 608.286.7233 | Email

William L. Fahey 608.286.7234 | Email

David E. Rohrer 608.286.7249 | Email

Frank C. Sutherland 608.286.7243 | Email

Jennifer S. Mirus 608.283.1799 | Email

David P. Weller 608.286.7235 | Email

M. Tess O’Brien-Heinzen 608.283.1798 | Email

Rhonda R. Hazen 608.283.1724 | Email

Todd J. Hepler 608.286.7160 | Email

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