Preserve Franklin's Sexual Predator Ordinances


April 28, 2010

The Legislative session ended April 22, 2010 with no action on Assembly Bill 759 and Senate Bill 548.  This effectively defeats both bills for this current session.  The City will remain watchful in case these Bills resurface in the future.  It appears that the significant public input opposing these pieces of legislation was ultimately instrumental in their defeat.  We thank all those who contacted their State Senators and Representatives in helping to fight in opposition of AB 759 and SB 548.



April 20, 2010 

The following message was distributed by Mayor Tom Taylor to 383 local officials across the State whose communities have SORR/Child Safety Zone Ordinances. 

Every citizen can help by contacting their State Senators or Representatives to tell them to vote against the adoption of Assembly Bill 759 and Senate Bill 548.  Residents are encouraged to contact their friends and relatives across the State to encourage them to contact their local Senators and Representatives with this message as well.

Message from Mayor Tom Taylor:

I am the Mayor of the City of Franklin.  The City of Franklin Common Council and the Community Safety Response Task Force have authorized me to contact you, as elected officials of Wisconsin municipalities which I understand have adopted sex offender residency restriction and/or child safety zone ordinances, to urge you to contact your State Representatives and specifically, your Senators, to vote against the adoption of AB 759 and SB 548.   2009 Senate Bill 548, introduced on February 18, 2009, and 2009 Assembly Bill 759, introduced on February 19, 2009, currently contain identical language and preempt local municipal authority to adopt or enforce any ordinance or resolution which affects the residency or placement of and the areas which may be entered or exited by a sex offender.

Tomorrow and Thursday, April 22, 2010, are the last scheduled floor session dates for both Houses. I understand that AB 759, which is ripe for an Assembly vote, upon passage, may be "messaged" to the Senate for an immediate vote.

The proposed bills preempt local regulation and in place of local regulation, provide in part that: "[i]f the department [of Corrections] creates a prohibition under this subdivision, the department shall focus on areas where children congregate, with perimeters of 100 to 250 feet,..."  The Fiscal Estimates for both bills state an "Indeterminate" State Fiscal Effect, which as I understand it, means that no funding is to be provided by the State for the State's preemptory alternative to these public safety laws.  

Please contact your Representatives and Senators and urge the opposition of AB 759 and SB 548.



April 7, 2010

State Committee Recommends Passage of Assembly Bill 759


PROPOSED STATUTE WOULD INVALIDATE THE CITY'S SEX OFFENDER
RESIDENCY RESTRICTION AND CHILD SAFETY ZONE ORDINANCE.
 

The League of Wisconsin Municipalities reports that the Committee on Corrections and the Courts in the Assembly, in Executive Session on April 7, 2010, voted 8 to 3 in support of recommending passage of 2009 Assembly Bill 759, pertaining to conditions of release to extended supervision, parole, conditional release and supervised release and conditions of probation for sex offenders who committed certain crimes against shildren; prohibited areas for sex offenders who committed certain crimes against children; and prohibiting a political subdivision from regulating the placement or residency of sex offenders.  The Bill is now before a Rules Committee which shall determine whether it should proceed to the floor for a vote.  The membership and contact information for the Rules Committee is as follows: 

Representative Thomas Nelson (Chair) 1-888-534-0005
Representative Michael Sheridan (Vice Chair) 1-888-947-0044
Representative Anthony Staskunas 1-888-534-0015
Representative Donna Seidel 1-888-534-0085
Representative Peter Barca 1-888-534-0064
Representative Jon Richards 1-888-534-0019
Representative Jennifer Shilling 1-888-534-0095
Representative Jeff Fitzgerald 1-608-266-2540
Representative Mark Gottlieb 1-888-534-0060
Representative Joel Kleefisch 1-608-266-8551
Representative Mary Williams 1-608-266-7506
Representative Kitty Rhoades 1-888-529-0030


History of 2009 Assembly Bill 759


 

March 26, 2010


Public Hearing on Proposed Senate Bill 548


Thursday, April 1, 2010 - 10:05 a.m.
Room 411 South, State Capitol, Madison 

 

CITY OF FRANKLIN CITIZENS SHOULD CONTINUE TO OPPOSE AND VOICE CONCERN OVER PROPOSED SENATE BILL 548.

PROPOSED STATUTE WOULD INVALIDATE THE CITY'S SEX OFFENDER RESIDENCY RESTRICTION AND CHILD SAFETY ZONE ORDINANCE.
 

The Wisconsin State Senate Committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing will hold a public hearing on Senate Bill 548 on Thursday, April 1, 2010, at 10:05 a.m. in Room 411 South at the State Capitol in Madison.

Senate Bill 548, if approved, would nullify or invalidate the City of Franklin's sex offender residency restriction and child safety zone ordinances. The City of Franklin's sex offender residency restriction and child safety zone ordinances were enacted by the Common Council in an effort to make the City of Franklin a safer place for children and for women. These ordinances have been tested in the courts and, according to Franklin's law enforcement officials, have served the community very well. The Mayor and Common Council have approved a resolution opposing the proposed legislation. 

Citizens should contact their local Senator and urge them to continue to oppose Bill 548. Citizens should also contact Senator Lena Taylor, sponsor of Bill 548, and express their concern for this proposed legislation that puts the safety of children at risk. Senator Taylor may be reached at 1-608-266-5810 or via email.  As this legislation involves serious public safety concerns and the proposed taking away of fundamental local governmental power to protect the public health, safety and welfare of its Citizens issues, all members of the Senate should be made aware of the concern of the People. Contact information for all of the members of the Wisconsin Senate may be found here.

For additional information on this press release or the City's efforts, please contact Police Chief Rick Oliva via email or at 414-425-2522.


 

Sunday, March 7, 2010 

Re:  An Urgent Appeal from Mayor Tom Taylor to the Citizens of Franklin, Wisconsin, to the Representatives of the School Districts, the Businesses, and the Faith-Based Organizations of the City of Franklin to Immediately Contact Their State Representatives to Defeat Wisconsin 2009 Senate Bill 548 and 2009 Assembly Bill 759 that Would Nullify or Invalidate the City Of Franklin's Sex Offender Residency Restriction and Child Safety Zone Ordinances  

Dear Fellow Citizens of Franklin, Wisconsin:     

As the Mayor of the City of Franklin, I am requesting your immediate help in trying to block an attempt by some Wisconsin State Legislators, whose areas are outside of Franklin, to pass legislative bills that would nullify or invalidate the City of Franklin's sex offender residency restriction (Ord. 2007-1905) and child safety zone (Ord. 2006-1902) ordinances.  

The City of Franklin's sex offender residency restriction and child safety zone ordinances were enacted by your Common Council in an effort to make the City of Franklin a safer place for children and for women. These ordinances have been tested in the courts and according to our law enforcement officials, have served our community very well. 

We, as a City government, have worked vigorously along with the members of the public to win court battles and political fights that challenged your right to enact reasonable and rational laws for the protection of your children. The City of Franklin and thousands of Franklin citizens fought at State Fair Park, at the State Capitol, and in the courtrooms to keep Franklin safe.  I respectfully ask you, as the Mayor, to once again fight to protect your right to pass laws and keep laws in place for the safety of your family. 

Your local elected officials are doing and will do what we can to fight this new attempt by a few state legislators to interfere in the people of Franklin's right to self governance; however, there comes a point in a political battle (and that's what we have here) where it is up to each and every resident that lives in Franklin to fight to keep their community safe by contacting their elected representatives.  

As the Mayor and as your neighbor, I am imploring you to immediately take the same time you may take to place a phone order for a pizza, to make two calls to keep your family safer from sexual predators. Please call or send a message to Mary Lazich and Jeff Stone at the phone numbers below (leave a voice mail message if there is no answer):  

Senator Mary Lazich, Sen.lazich@legis.wisconsin.gov, 1-608-266-5400, Room 109 South, State Capitol, P.O. Box 7882, Madison, WI 53707-7882   

Representative Jeff Stone, Rep.Stone@legis.wisconsin.gov, 1-608-266-8590, Room 314 North, State Capitol, P.O. Box 8953, Madison, WI 53708. 

Please urge Mary and Jeff to continue to fight this attempt by some in the State Legislature to interfere in your local government's right to pass ordinances that serve to protect the children of Franklin.  Both Mary Lazich and Jeff Stone have said that they agree that these bills should be defeated, but they need your help. Calling and writing e-mail messages to them will assist them in showing their colleagues that the people of Franklin care deeply about keeping ordinances in place that protect their families.  

A democracy can only survive and flourish if the people's voices are heard. This is your Community and this is your State.  Please call, write, or email your State representatives as soon as possible at the numbers and addresses found in this letter.  Please ask them for their support in fighting SB 548 and AB 759 and ask them how you can help them in assisting them to win the political battle to kill these two bills that may violate your State Constitutional rights.  Please contact the candidates for Governor and those seeking state office for their support in killing SB 548 and AB 759. Find out where they stand on the right of local governments to pass and enact laws that protect their citizens. Ask each candidate what he or she will do today to kill this irresponsible proposed legislation.  

We in Franklin have fought too hard and for too long to let a few people that live outside our community dictate what we can or cannot do as citizens of Franklin, Wisconsin. 

I have been informed that two individuals in particular are pushing for the passage of these two divisive bills. I was told that Senator Lena Taylor and Representative Frederick Kessler are supporting these two very controversial pieces of legislation. You may wish to contact both of them to voice your opposition to SB 548 and AB 759. You may also wish to contact Governor Doyle's Office to strongly voice your opposition to these two bills. I have included contact information for those mentioned above as part of this letter to you. 

I and a number of elected officials and citizens will be traveling to Madison to fight these two bills, but it is absolutely essential that the members of the Wisconsin State Legislature hear from the residents of Franklin who are also Wisconsin taxpayers. I have been informed that there is a public hearing proposed for AB 759 on Thursday, March 11, 2010, at 10:15 a.m., before the Committee on Corrections and the Courts of the Wisconsin State Legislature in the Assembly, in Room 415 Northwest in the State Capitol.  There may be an attempt to push these two bills through now or prior to the Legislature's adjournment on April 22, or prior to Governor Doyle leaving office. That is why you must act immediately. 

Many other Wisconsin cities, villages, and towns adopted sex offender residency restriction and/or child safety zone ordinances after Franklin adopted its ordinances.  You may wish to contact your friends and relatives living in other parts of Wisconsin and ask them to contact their Senator and Representative and urge them to oppose these two bills. 

Please help me and the aldermen stop these types of attacks that erode our right as citizens to home rule. 

Sincerely, 

Thomas M. Taylor
Mayor of the City of Franklin

Other Contact Information:

Senator Lena TaylorSen.Taylor@legis.wisconsin.gov, 1-608-266-5810,
Room 415 South, State Capitol, P.O. Box 7882, Madison, WI 53707-7882

Senator Jim Sullivan, Sen.Sullivan@legis.wisconsin.gov, 1-608-266-2512,
Room 15 South, State Capitol, P.O. Box 7882, Madison, WI 53707

Representative Frederick Kessler, Rep.Kessler@legis.wisconsin.gov, 1-608-266-5813, Room 302 North, State Capitol, P.O. Box 8952, Madison, WI 53708

Governor Doyle's Office
P.O. Box 7863
Madison, WI  53707
1-608-266-1212

Complete list of Wisconsin State Senators
Complete list of Wisconsin State Representatives 

P.S. Please read the attached Resolution 2010-6630 that was recently passed by your City of Franklin Common Council that opposes Senate Bill 548 and Assembly Bill 759.


City of Franklin Adopted Sex Offender Residency Restriction and Child Safety Zone Ordinances


Within the State of Wisconsin, the City of Franklin is at the forefront of communities pursuing efforts to protect their citizens, especially children, from sexual predators. 
Following a series of public hearings and meetings before the City Plan Commission and Common Council, the Common Council adopted two ordinances to help enhance such protections.
 

The first ordinance, Ordinance 2006-1902, is a regulatory measure identifying sex offenders as a serious threat to public safety. Based in part on this determination, the ordinance restricts the ability of a sex offender from residing within 2,000 feet of schools, daycare centers, parks, and other specified facilities. This restriction would apply to any sex offender newly housed in the City of Franklin following its adoption. The ordinance also protects those facilities specified, and the children frequenting them, by creating Child Safety Zones. 

In general, the second ordinance, Ordinance 2007-1905, allows for enforcement of the restrictions through the issuance of municipal violations and through obtaining injunctive relief from the courts under the City's zoning authority.  

Among the first of their kind in Wisconsin, these ordinances follow similar legislative actions in other states and accounts for state and federal court actions on these matters.

These ordinance changes follow filings in July (see below petitions) with the State's Department of Health and Family Services and Department of Corrections requesting clear information as to certain policies relating to the management, release, and housing of sexual predators. Furthermore, the City demanded that the State adhere to their rules and enforce their policies that were in place. As a result of those filings and stipulations provided by the State in October, the City is working cooperatively with the State to ensure improvements are made to existing policies and to ensure the State improves their communication with City of Franklin law enforcement officials. 

Be assured that the City of Franklin will continue to take any action necessary to provide for the safety of our children and citizens in protecting against sexual offenders.

Notice of Events Giving Rise to Claim Pursuant to Wis. Stat. Section 893.82

Petition for Declaratory Ruling and Full Hearing on the Merits Pursuant to Wis. Stat. Section 227.41; City of Franklin v. State of Wisconsin - Department of Health & Family Services

Petition for Declaratory Ruling and Full Hearing on the Merits Pursuant to Wis. Stat. Section 227.41; City of Franklin v. State of Wisconsin - Department of Corrections

Petition for Declaratory Ruling and Full Hearing on the Merits Pursuant to Wis. Stat. Section 227.41; City of Franklin v. State of Wisconsin Department of Health & Family Services - Sand Ridge Secure Treatment Institute

 

Franklin City Hall
9229 W. Loomis Road
Franklin, WI  53132

Phone:  414-425-7500
Fax:  414-425-6428

Hours:  M-F, 8:30 a.m. to 5 p.m.
Health Dept., M-F, 7:30 a.m. to 4 p.m.
Treasury Dept., M-F, 8:30 a.m. to 4:30 p.m.
 


Related Links

Proposed Senate Bill 548
Proposed Assembly Bill 759
City Press Release 3/19/10
City Press Release 3/9/10
Franklin Resolution 2010-6630
Franklin Ordinance 2007-1905
Franklin Ordinance 2006-1902 
 
 

Please contact the following
State Legislators to urge them to oppose SB 548 & AB 759:

Senator Mary Lazich
Representative Jeff Stone
Senator Lena Taylor
Senator Jim Sullivan
Representative Frederick Kessler
Complete List of WI State Senators
Complete List of WI State Representatives