Protection and Welfare Committee

Protection & Welfare Committee Meeting Minutes November 21, 2017 Chairman Rosek called the meeting to order at 6:10 PM. Members Present: Aldermen Rosek, Schmidt and Shaw Staff Present: Mayor Nold, Sullivan, Buerger, Duffy, Frye, Pickart, Golz and Coenen Others Present: Alds. Strey, Ellis and Zwart, and Atty. Eric Larson and Atty. Riffle 2. Discuss/recommend Repealing and Recreating Portions of §9.28 of the Municipal Code Relating to Sex Offender Residency Restrictions: Buerger gave a Power Point presentation of the history of the City’s Sex Offender Ordinance that included a Federal Judge finding several parts of Pleasant Prairie’s sex offender ordinance to be unconstitutional which has caused them and other communities to be sued, factual data that was provided to Council for review, the recommended changes to our sex offender residency restrictions code including reducing the child safety zone to 750’, the differences in number of housing units available to a sex offender from our current 1000’ zone, creation of an appeal process, requirements to be considered for an appeal, incorporating the General Penalty section, and creating a new section acknowledging that Chapter 980 of Wis. Stats. preempts the City ordinance. Larson stated both Pleasant Prairie and the City of Waukesha are involved in lawsuits because their code, which is similar to ours, has been found to punish the sex offender and an ordinance cannot do that. The goal of revising our code is to make it enforceable and reduce the likelihood of the City being a target for a lawsuit. Buerger stated that currently the City has nine sex offenders living within the 1000’ child safety zone. If the code is amended to 750’ it would provide housing in 17% of the City to sex offenders as opposed to our current 9% at 1000’. By creating an appeal process with specific requirements, it will help the appeals board make a decision if a sex offender, who did no reside in the community previous to their offense, asks for an opportunity to request residency. Currently, the Town of Oconomowoc and Village of Summit do not have Sex Offender codes, but the Village of Oconomowoc Lake does. Larson stated the judge has not given a percentage of land that must be allowed for sex offender residency, but the court wants facts to show why a certain distance is needed. Additionally, Pleasant Prairie’s appeal process failed because it denies a sex offender a reasonable consideration. Buerger added that Green Bay was sued and their appeal process prevailed. The Committee discussed the domicile clause being defensible, the appeal process, change in distance for the child safety zone, a violent sex offender being regulated by Statute and Chapter 980. Motion by Schmidt to recommend adopting the ordinance as presented; second by Shaw. Motion carried 2-1. Rosek voted no. Motion by Shaw to adjourn; second by Rosek. Motion carried 3-0. The meeting adjourned at 7:04 PM. Minutes by Diane Coenen, City Clerk Ald. Schmidt, Secretary S:\Committees & Commissions\Protection & Welfare Committee\Minutes\2017\PWMin11-21-17.doc