Legal Opinion

Opinion No. Oag 64-80, (1980)

Wisconsin Attorney General Reports

Decided November 14, 1980Published

1Opinion of the Court

ED JACKAMONIS, Speaker Wisconsin State Assembly

On behalf of the Assembly Committee on Organization, you request my opinion on three questions relating to the authority of the City of Milwaukee to set a mandatory retirement age for its police and fire chiefs.

The first question you ask is:

1. Does the City of Milwaukee currently have the authority to set a mandatory retirement age for its fire and police chiefs?

In my opinion the city does have such authority. The exercise of such authority, however, is subject to the prohibition against age discrimination contained in the Federal Age…

2Cases cited19 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Usery v. Tamiami Trail Tours, Inc.Court of Appeals for the Fifth Circuit · 1976
  3. Ekern v. McGovernWisconsin Supreme Court · 1913
  4. State ex rel. Risch v. Board of Trustees of the Policemen's Pension FundWisconsin Supreme Court · 1904
  5. James D. HODGSON, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. GREYHOUND LINES, INC., Defendant-AppellantCourt of Appeals for the Seventh Circuit · 1974

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