Court of Appeals Rules Franklin Mayor John Nelson Entitled to Milwaukee County-Paid Retiree Health Insurance

Three-judge panel reverses circuit court; benefit could be worth hundreds of thousands of dollars over Nelson's lifetime in addition to his Milwaukee County pension

By Dr. Richard Busalacchi
Franklin Community News

FRANKLIN, Wis. — Franklin Mayor John Nelson has won a significant appellate victory against his former employer, Milwaukee County, establishing a vested contractual right to County-paid health insurance premiums in retirement.

In an August 18, 2026 decision, a three-judge Wisconsin Court of Appeals District I panel reversed Milwaukee County Circuit Court Judge Glenn Yamahiro and directed the circuit court to enter summary judgment in Nelson's favor.

The decision could ultimately provide Nelson with a retiree health benefit worth hundreds of thousands of dollars over his lifetime, separate from the Milwaukee County pension he earned during more than 26 years of County employment.

The appellate case, however, is not yet procedurally complete. The Wisconsin appellate docket currently lists John R. Nelson v. County of Milwaukee, Appeal No. 2024AP1458, as “Pending Remit,” with remittitur anticipated September 17, 2026. 

What Nelson Won

The dispute centers on the 2009–2012 collective bargaining agreement between Milwaukee County and the Milwaukee Deputy Sheriffs' Association.

Section 3.11(6) states that employees hired before July 1, 1995, upon retirement, may continue in the County Group Health Benefit Program with Milwaukee County paying the full monthly cost. To qualify, an employee must have at least 15 years of creditable service as a County employee.

Nelson began working for Milwaukee County on October 17, 1994, as a nonrepresented corrections officer. He became a Milwaukee County deputy sheriff and MDSA member on April 14, 1995.

While the CBA remained in effect, Nelson completed 15 years of County service. On January 31, 2010, he accepted a promotion to lieutenant and left the MDSA bargaining unit. In March 2012, he transferred to a nonrepresented position with the Milwaukee County Parks Department.

Years later, Milwaukee County told Nelson that he would not qualify for premium-paid retiree health insurance because he had not been hired before January 1, 1994—the cutoff contained in a County ordinance.

Nelson sued.

Circuit Court Initially Sided With Milwaukee County

Judge Yamahiro concluded that Nelson did not possess a vested right under the CBA and that the County ordinance controlled his eligibility.

Because Nelson was hired in October 1994 rather than before January 1, 1994, Yamahiro granted summary judgment to Milwaukee County and dismissed Nelson's breach-of-contract and declaratory-relief claims.

Nelson appealed.

The appellate docket shows Nelson's opening brief was filed September 24, 2024, Milwaukee County responded December 10, 2024, and Nelson filed his reply January 9, 2025. The case was submitted to the Court of Appeals on the briefs on September 3, 2025.

The Court of Appeals issued its decision nearly a year later.

Court Says CBA Controls Over Conflicting Ordinance

Milwaukee County argued that Nelson was subject to the January 1, 1994 hire-date cutoff contained in the County ordinance.

The Court of Appeals disagreed.

Another section of the CBA expressly states that when the agreement conflicts with existing ordinances or resolutions, those ordinances and resolutions are modified to reflect the agreement.

The appellate court therefore concluded:

“CBA § 6.01 is clear and unambiguous: in the event of any conflict between the CBA and the MCGO, the CBA controls.”

As a result, Nelson's October 1994 hiring date did not disqualify him. The applicable CBA cutoff was July 1, 1995.

Did Nelson Have to Retire While the CBA Was in Effect?

That presented the more difficult issue.

Milwaukee County argued that the language “upon retirement” meant Nelson had to retire while still an MDSA member and while the CBA remained in effect.

Nelson argued that his benefit had already vested after satisfying the CBA's requirements and that “upon retirement” merely identified when he would begin receiving the benefit.

The Court of Appeals concluded the CBA was ambiguous.

It noted that other provisions of the same agreement contained specific retirement dates when the parties intended them. Section 3.11(6), by contrast, contained no deadline by which an eligible employee had to retire.

The Court ultimately concluded that both interpretations were reasonable and therefore turned to evidence concerning what the parties actually intended.

Former Union President's Affidavit Becomes Critical

That evidence proved decisive.

Former MDSA President Roy M. Felber, who participated in negotiating the CBA, submitted an affidavit stating that the parties intended the premium-free retirement health benefit to fully vest when an employee hired before July 1, 1995 accumulated 15 years of creditable County service.

Felber further stated that once vested, the employee remained entitled to the benefit even after leaving the MDSA bargaining unit.

Milwaukee County did not submit competing evidence concerning the parties' intent. Instead, it argued that Felber's affidavit should be disregarded as “self-serving.”

The Court rejected that argument.

Because Milwaukee County produced no evidence contradicting Felber's testimony, the Court held that his testimony had to be taken as true for summary-judgment purposes.

The Court then reached its central conclusion:

“Nelson has a fully vested right to County-paid health insurance premiums in retirement.”

The appellate docket identifies Austin Felber and Christopher MacGillis as Nelson's appellate attorneys.

Austin Felber should not be confused with Roy Felber, the former MDSA president whose affidavit became important to the outcome.

County's Own 2018 Legal Memo

Nelson had also presented a 2018 memorandum prepared by attorneys in the Milwaukee County Office of Corporation Counsel addressing County-paid retiree health insurance for former MDSA employees.

The Court noted that the memo supported Nelson's interpretation but declined to base its decision upon it because the parties disputed its admissibility.

The victory therefore did not depend upon the County's internal legal memorandum.

Court Rejects County's Reliance on Earlier Cases

Milwaukee County relied heavily upon Wisconsin cases including Monreal, Schwegel and Loth to argue that Nelson's benefit could not vest unless he actually retired under the CBA.

The Court of Appeals concluded that reliance was misplaced.

It held that there is no universal rule requiring retirement under a CBA because vesting ultimately depends upon the terms of the collective bargaining agreement.

The Court also distinguished Loth and Schwegel because those cases involved retiree benefits created through municipal ordinances rather than collective bargaining agreements.

What Is Nelson's Health Benefit Worth?

The appellate decision does not award Nelson a lump sum of money.

Instead, it establishes his contractual right to have Milwaukee County pay his health-insurance premiums in retirement.

That distinction is important when estimating the financial impact.

Nelson was born in December 1970 and is divorced. Assuming individual coverage, Franklin Community News estimates that his County-paid retiree health benefit could have a lifetime value reaching well into six figures.

Using current Milwaukee County individual retiree-health costs as a starting point and applying different assumptions for future health-insurance premium growth, an illustrative lifetime value through age 85 is approximately:

Assumed annual premium growth	Estimated health-benefit value through age 85
3%	$261,000
5%	$341,000
7%	$457,000

A middle-range 5% assumption therefore produces an estimated lifetime value of approximately $340,000.

These are FCN projections, not an amount awarded by the Court. Actual costs will depend upon when Nelson becomes eligible to begin retiree coverage, future County health-plan premiums, Medicare, longevity and other plan provisions.

Nelson's Milwaukee County Pension Is Separate

The health-insurance benefit comes in addition to Nelson's Milwaukee County pension.

Nelson worked for Milwaukee County from October 1994 until 2021, accumulating approximately 26 years and eight months of County employment.

Because his career included represented deputy-sheriff service followed by nonrepresented County employment, calculating his exact ERS pension requires applying the appropriate pension rules to his individual service history.

Based upon publicly available County employment and salary information, FCN estimates Nelson's eventual pension at approximately:

$3,500 to $4,000 per month

or approximately:

$42,000 to $48,000 per year

The midpoint would be approximately $3,750 per month, or $45,000 annually.

That figure should not be confused with an official Milwaukee County ERS calculation. FCN has not obtained Nelson's individual pension-benefit statement, and the actual amount could be higher or lower.

By the Numbers

Based on the information presently available:

Benefit	Estimated value
Estimated monthly County pension	$3,500–$4,000
Estimated annual County pension	$42,000–$48,000
Midpoint pension estimate	~$45,000/year
Current individual pre-Medicare health premium benchmark	~$14,500/year
Estimated lifetime health benefit through age 85	~$261,000–$457,000
Middle health-benefit projection	~$341,000

That means Nelson's Milwaukee County retirement package could initially carry an economic value of approximately $55,000 to more than $60,000 per year when pension and County-paid pre-Medicare health coverage are considered together.

Again, that is an estimate of economic value—not a cash payment or court award.

Nelson’s Employment History Includes Multiple Internal Investigations

Nelson’s appellate victory also brings renewed attention to the Milwaukee County career from which both his pension and newly affirmed retiree-health benefit arise.

Nelson worked for Milwaukee County for more than 26 years. His career included service as a corrections officer, deputy sheriff and lieutenant before he moved to Milwaukee County Parks, where he served as Safety, Security and Training Manager until leaving County employment in 2021.

Nelson’s Milwaukee County career also included multiple internal investigations. In later public comments, Nelson acknowledged that Milwaukee County had investigated allegations including sexual harassment and cheating on an examination. Nelson denied wrongdoing and maintained that he was never disciplined over those allegations. Contemporary reporting also indicates that public-records requests later sought records concerning nine Milwaukee County internal investigations involving Nelson. FC News WI

In 2024, Nelson went to court in an effort to prevent the release of Milwaukee County personnel and internal-investigation records requested under Wisconsin’s public-records law. Reporting on the litigation states that Nelson argued disclosure could cause irreparable harm to his reputation. Urban Milwaukee

There is an important distinction, however. The information presently available establishes that Nelson was the subject of investigations during his Milwaukee County career, but it does not establish sufficiently that his June 2021 departure from Milwaukee County occurred while those particular investigations were still pending. FCN therefore is not making that assertion without additional documentation.

Waterford Departure Came During Active Investigation

Nelson’s later departure from the Town of Waterford Police Department presents a much clearer chronology.

Nelson worked part-time for Waterford while also pursuing his political career in Franklin. In 2024, complaints concerning Nelson and other department personnel resulted in an investigation and administrative leave.

News reports confirm that Nelson was among Waterford Police Department personnel placed on administrative leave while the Town investigated complaints. The Town subsequently retained an outside investigator. Wisconsin NewsMedia Association

Records obtained by news organizations described allegations against Nelson that included fostering a hostile work environment; sexual harassment or inappropriate comments involving female officers; retaliation; preferential scheduling; improper use of Town resources while campaigning for Franklin mayor or conducting Franklin governmental business; and other workplace-conduct allegations. Wisconsin NewsMedia Association

Nelson has strongly denied wrongdoing and has characterized the allegations and investigation as politically motivated.

Then, while that investigation remained pending, Nelson retired from the Waterford Police Department effective October 11, 2024. WISN reported at the time that his retirement occurred “amid an investigation” and that the matter was understood to be a personnel investigation rather than a criminal probe. WISN

FOX6 subsequently reported that the investigation ended when Nelson retired. The station also noted that Nelson had not been criminally charged. FOX6 News Milwaukee

That distinction is significant. Nelson’s retirement before completion of the investigation does not establish that the allegations against him were true or constitute a finding of misconduct. It does establish that Nelson left Waterford before the investigative process produced a final employment determination on those allegations.

From Waterford Investigation to Another Retiree-Health Dispute

There is another connection relevant to the Milwaukee County appellate victory.

After retiring from Waterford, Nelson subsequently challenged the loss of his Waterford retiree health coverage. In December 2025, Nelson filed suit against the Town of Waterford contending that the applicable collective bargaining agreement entitled him to remain on the Town’s health-insurance plan during retirement. FC News WI

That means Nelson has pursued retiree-health benefit claims involving two former public employers.

In the Milwaukee County case, he has now prevailed at the Court of Appeals, which held that he possesses a fully vested contractual right to County-paid health-insurance premiums in retirement.

His separate dispute with Waterford concerns whether that municipality also has a continuing obligation to provide retiree health coverage following his October 2024 retirement.

The two cases involve different employers, contracts and legal circumstances and should not be treated as legally interchangeable. But together they add an important dimension to Nelson’s public-employment history: retiree health benefits from both Milwaukee County and Waterford have become the subject of litigation following his departure from those government employers.

Decision Not Recommended for Publication

The Court of Appeals decision concludes with the notation:

“Not recommended for publication in the official reports.”

That does not make the decision unofficial or diminish Nelson's victory in his own case.

Rather, it means the panel did not recommend that the opinion become a published Wisconsin appellate precedent carrying the same precedential effect in other cases.

The panel did not explain why it made that recommendation.

The opinion largely turns on interpretation of this particular collective bargaining agreement and the fact that Milwaukee County did not submit evidence contradicting Roy Felber's testimony concerning the parties' intent.

Case Remains “Pending Remit”

Nelson has won the appeal, but the appellate docket shows that the case has not yet formally returned to Milwaukee County Circuit Court.

As of the current docket, its status is:

“Pending Remit.”

The Court of Appeals currently anticipates remittitur on September 17, 2026. Remittitur is the procedural step by which jurisdiction returns from the Court of Appeals to the circuit court.

Once that occurs, Judge Yamahiro is not being asked to decide the underlying eligibility question again. The appellate mandate is explicit:

“We reverse and remand to the circuit court to enter summary judgment in Nelson's favor.”

Milwaukee County may still seek review by the Wisconsin Supreme Court. The August 18 opinion expressly advises that an adversely affected party may petition the Supreme Court for review. Unless further appellate proceedings alter the result, however, the central question has been resolved in Nelson's favor:

Franklin's mayor has a vested contractual right to have Milwaukee County pay his health-insurance premiums in retirement—in addition to the pension he earned during his County career.

This piece reflects the author’s personal opinion and experiences. All statements are presented as commentary protected under the First Amendment. Readers are encouraged to review public records, filings, and documented evidence referenced throughout this article.

Dr. Richard Busalacchi is the Publisher of Franklin Community News, where he focuses on government transparency, community accountability, and local public policy. He believes a community’s strength depends on open dialogue, honest leadership, and the courage to speak the truth—even when it makes powerful people uncomfortable.

🕯️ The solution isn’t another insider in a new office. It’s sunlight, scrutiny, and the courage to vote differently.

Because until voters demand honest, transparent government, the corruption won’t stop — it will only change titles.

Elections have consequences — and Franklin’s next one may decide whether transparency makes a comeback.

💬 If you value hard-hitting, fact-based investigative reporting about our hometown of Franklin — follow Franklin Community News on Facebook.

Together, we can keep local government honest, transparent, and accountable 

— for the greater good.

© 2026 Franklin Community News. All rights reserved.

Join Us at:

 https://www.facebook.com/share/g/1a3NsgvAGn/