Sources of Guidance
Plan commissioners must look to several sources for guidance on proper decision-making standards and procedures. There are four main sources of guidance.
State Statutes
State statutes outline the authority of plan commissions and describe many procedural and ethical guidelines that plan commissioners and other local government bodies must follow. These include, but are not limited to, the open meetings law, public records law and state ethics code.
Case Law
Case law provides additional guidance on many procedural and decision-making standards that relate to the plan commission. Case law is formed when local decisions are appealed to higher courts. All decisions of the Wisconsin Supreme Court and published decisions of the Court of Appeals set precedent statewide and must be followed locally. References to case law are included throughout the text of this handbook and cited in the footnotes. A guide to understanding case law citations is below.
Local Ordinances
Local ordinances further define the authority, decision-making standards and procedures that plan commissioners must follow. The plan commission should look to the ordinance establishing the plan commission as well as zoning, subdivision and other ordinances governing activities involving the plan commission.
Bylaws or Rules of Procedure
Bylaws or rules of procedure are used to address issues not otherwise covered by state statutes, case law or local ordinances. Rules of procedure typically deal with issues such as member conduct, compensation, meeting conduct, and so forth. They can be developed and adopted by the governing body or the plan commission.
