![]() Village of Menomonee Falls Ordinance Sec. Absent civil service regulations or laws, or a contract or collective bargaining agreement, a municipal employee is an employee at will and has no property interest in employment." Id. The Vorwald court stated that " nder Wisconsin law, employment at will is the rule. 2d 289 (1992), where the Wisconsin Supreme Court held that because a school custodian was an at-will employee, he had no property interest in his continued employment. School District of River Falls, 167 Wis.2d 549, 482 N.W.2d 93, cert. When called upon to decide the question whether an employee possesses a property interest in employment, Wisconsin's courts have generally resolved the matter by providing a simple yes or no answer based on whether the employment is at-will or for cause. The events giving rise to this suit occurred in Wisconsin, so the law of that state governs. ![]() The existence of a substantive property interest in public employment is ordinarily a question of state law. Farrenkopf had knowledge of these appearances once he became village manager, if not sooner.įittshur contends that he possessed a property interest in his employment of which the Village deprived him without due process of law. Fittshur was not disciplined for that incident on the contrary, then Village Manager Gottlieb informed Fittshur that he was "free to do what wanted on own time." Thereafter, Fittshur regularly appeared before the Village Planning Commission on private business. In 1979, when Farrenkopf was assistant village manager, a newspaper article was published suggesting that Fittshur's employment by the Village was in conflict with his private efforts to obtain a zoning variance from the Village Planning Commission. Fittshur had discussed some of these dealings with Russell Weber, the Village assessor at the time of Fittshur's dismissal, who often said, " hat you do on your own time is your own business." Richard Farrenkopf, the village manager at the time of Fittshur's dismissal, was also familiar with Fittshur's previous real estate dealings and had never raised objections to them. Fittshur's supervisors, however, did have a general knowledge of his real estate dealings.
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