59.20 Note
NOTE: Par. (b) is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c). The bracketed language indicates correct cross-references. Corrective legislation is pending.
59.20(3)(c)
(c) Any board may by ordinance provide that the cut-off reception time for the filing and recording of documents shall be advanced by one-half hour in any official business day during which time the register of deeds office is open to the public, in order to complete the processing, recording and indexing to conform to the day of reception. Any register of deeds may provide in his or her notice under
s. 19.34 (1) that requests for inspection or copying of the records of his or her office may be made only during a specified period of not less than 35 hours per week. For all other purposes, the register of deeds office shall remain open to the public during usual business hours.
59.20(3)(d)
(d) Any register of deeds who in good faith makes an erroneous determination as to the accessibility of a portion of a record, to members of the public under
s. 19.36 (6), is not subject to any penalty for denial of access to the record under
s. 19.37 (4).
59.20 History
History: 1995 a. 201 ss.
248,
249,
251,
268;
1995 a. 225 s.
145; s. 13.93 (2) (c).
59.20 Annotation
Newspaper had right to intervene to protect right to examine sealed court file. Public official failed to qualify for either exception to absolute disclosure rule of this section. State ex rel. Bilder v. Delavan Tp. 112 W (2d) 539, 334 NW (2d) 252 (1983).
59.20 Annotation
Courts must apply open records balancing test to questions involving disclosure of court records. Under Hathaway test, party must show that public interests favoring secrecy outweigh those favoring disclosure. C. L. v. Edson, 140 W (2d) 168, 409 NW (2d) 417 (Ct. App. 1987).
59.20 Annotation
Appointment of county surveyor under this section is constitutional. Ripley v. Brown, 143 W (2d) 686, 422 NW (2d) 608 (1988).
59.20 Annotation
"Books and papers required to be kept" are not all those which the custodian is obliged merely to retain or preserve; rather they are only those which the custodian is obliged to maintain or engender; the requester has the burden of showing the authority requiring the record be maintained or engendered. State ex rel. Schultz v. Bruendl, 168 W (2d) 101, 483 NW (2d) 238 (Ct. App. 1992).
59.20 Annotation
See note to 19.21, citing 58 Atty. Gen. 67.
59.20 Annotation
See note to 19.21, citing 68 Atty. Gen. 313.
59.20 Annotation
Sheriff's criminal investigation files aren't covered by blanket exemption from public records law, but denial of access may be justified on a case-by-case basis.
77 Atty. Gen. 42.
59.21
59.21
Official oaths and bonds. 59.21(1)
(1) Each county officer named in this chapter, except county supervisors, shall execute and file an official bond and take and file the official oath within 20 days after receiving official notice of election or appointment, or if not officially notified, within 20 days after the commencement of the term for which the officer is elected or appointed. Every county supervisor shall take and file the official oath within 20 days after receiving official notice of election or appointment, or if not officially notified, within 20 days after the commencement of the term for which he or she is elected or appointed. Every deputy appointed by any such officer shall take and file the official oath and if the deputy neglects to do so, he or she shall forfeit $100. Such official bonds shall be in sums and with sureties, as follows:
59.21(1)(b)
(b) Treasurer, if the bond is furnished by individual sureties, not less than the amount nor exceeding twice the amount of all taxes directed by the board to be levied therein and to be received by the treasurer during the ensuing year, with 3 or more sureties; or, if the bond is furnished by a surety company in an amount not less than 10% of all taxes directed by the board to be levied therein, and to be received by the treasurer during the ensuing year, or $500,000, whichever is smaller.
59.21(1)(c)
(c) Sheriff, not less than $5,000 [$5] nor more than $25,000, with not less than 3 sureties.
59.21 Note
NOTE: Par. (c) is shown as affected by
1995 Wis. Acts 201 and
225 and as merged by the revisor under s. 13.93 (2) (c). The bracketed [$5] is an inadvertent conversion of the intended dollar amount.
59.21(1)(d)
(d) Coroner, not less than $500 nor more than $10,000, with not less than 2 sureties.
59.21(1)(e)
(e) Clerk of the circuit court, not less than $5,000, with 2 or more sureties.
59.21(1)(g)
(g) Register of deeds, in counties containing less than 150,000 population, $3,000, with 2 or more sureties. In counties containing 150,000 or more population, not less than $3,000, with 2 or more sureties, conditioned for the accuracy of the register's work and the faithful, correct and impartial performance of the register's duties, and in addition thereto a bond of not less than $10,000, with 2 or more sureties, conditioned for the faithful accounting for and paying over to the treasurer all moneys which may come into the register's hands as register of deeds, or into the hands of the register's deputy or assistants.
59.21(1)(i)
(i) County abstractor, $5,000, with 2 or more sureties.
59.21(2)
(2) Each official bond described in
sub. (1) shall be in a sum fixed by law; or if not fixed by law, in a sum fixed by resolution of the board, within the limitations prescribed by law, if any, at the annual meeting in November prior to the commencement of the term of office of the particular officer. Both the bond and the sufficiency of the sureties thereto shall be approved by a committee consisting of the chairperson and not less than 2 other members of the board who shall report in writing their action on all bonds.
59.21 Note
NOTE: Sub. (2) is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
59.21(3)
(3) Each bond described in
sub. (1) shall be guaranteed by the number of personal sureties prescribed by law, or if not prescribed, by the number fixed by the board within the limitations, if any, prescribed by law, or by a surety company as provided by
s. 632.17 (2). In the case of the clerk, treasurer and county abstractor the board may by resolution require them to furnish bonds guaranteed by surety companies and direct that the premiums be paid as provided in
s. 19.01 (8).
59.21 Note
NOTE: Sub. (3) is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
59.21(4)
(4) If it considers the bond of any officer insufficient, the board may by resolution require the officer to furnish additional bond in a sum to be named in the resolution, not exceeding $10,000 for the register of deeds of any county with a population of less than 150,000, and not exceeding the maximum sum, if any, fixed by law for additional bonds for other officers.
59.21 History
History: 1975 c. 152,
199;
1975 c. 375 s.
44;
1983 a. 192 s.
303 (1);
1989 a. 31;
1991 a. 316;
1995 a. 201 s.
250; Stats. 1995 s. 59.21;
1995 a. 225 ss.
137 to
144; s. 13.93 (2) (c).
59.21 Cross-reference
Cross-reference: See s.
59.38 (3) for provision for a bond by the medical examiner.
59.22
59.22
Compensation, fees, salaries and traveling expenses of officials and employes. 59.22(1)(a)1.1. The board shall, before the earliest time for filing nomination papers for any elective office to be voted on in the county, other than supervisors and circuit judges, which officer is paid in whole or part from the county treasury, establish the total annual compensation for services to be paid to the officer exclusive of reimbursements for expenses out-of-pocket provided for in
sub. (3). Except as provided in
subd. 2., the annual compensation may be established by resolution or ordinance, on a basis of straight salary, fees, or part salary and part fees, and if the compensation established is a salary, or part salary and part fees, it shall be in lieu of all fees, including per diem and other forms of compensation for services rendered, except those specifically reserved to the officer in the resolution or ordinance. The compensation established shall not be increased nor diminished during the officer's term and shall remain for ensuing terms unless changed by the board. Court fees shall not be used for compensation for county officers.
59.22 Note
NOTE: Subd. 1. is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
59.22(1)(a)2.
2. The board shall establish the annual compensation of the sheriff as straight salary. No portion of that salary may include or be based on retention of fees by the sheriff. No portion of that salary may be based on providing food to prisoners under
s. 302.37 (1). This subdivision does not prohibit the reimbursement of a sheriff for actual and necessary expenses.
59.22(1)(b)
(b) Any officer authorized or required to collect fees appertaining to his or her office shall keep a complete record of all fees received in the form prescribed by the board and shall file a record of the total annual receipts in the clerk's office within 20 days of the close of the calendar year or at such other times as the board requires. Any officer on a salary basis or part fees and part salary shall collect all fees authorized by law appertaining to his or her office and shall remit all fees not specifically reserved to the officer by enumeration in the compensation established by the board under
par. (a) to the treasurer at the end of each month unless a shorter period for remittance is otherwise provided.
59.22(2)
(2) Appointive officials; deputy officers; and employes. 59.22(2)(a)(a) The board has the powers set forth in this subsection,
sub. (3) and
s. 59.03 (1) as to any office, department, board, commission, committee, position or employe in county service (other than elective offices included under
sub. (1), supervisors and circuit judges) created under any statute, the salary or compensation for which is paid in whole or in part by the county, and the jurisdiction and duties of which lie within the county or any portion thereof and the powers conferred by this section shall be in addition to all other grants of power and shall be limited only by express language.
59.22(2)(c)
(c) The board may provide, fix or change the salary or compensation of any such office, board, commission, committee, position, employe or deputies to elective officers without regard to the tenure of the incumbent (except as provided in
par. (d)) and also establish the number of employes in any department or office including deputies to elective officers, and may establish regulations of employment for any person paid from the county treasury, but no action of the board shall be contrary to or in derogation of the rules and regulations of the department of health and family services under
s. 49.33 (4) to
(7) relating to employes administering old-age assistance, aid to families with dependent children, aid to the blind and aid to totally and permanently disabled persons or
ss. 63.01 to
63.17.
59.22(2)(d)
(d) The board or any board, commission, committee or agency to which the board or statutes has delegated the authority to manage and control any institution or department of the county government may contract for the services of employes, setting up the hours, wages, duties and terms of employment for periods not to exceed 2 years.
59.22(2)(e)
(e) The board may provide and appropriate money for an employe awards program to encourage and to reward unusual and meritorious suggestions and accomplishments by county employes.
59.22(3)
(3) Reimbursement for expense. The board may provide for reimbursement to any elective officer, deputy officer, appointive officer or employe for any out-of- pocket expense incurred in the discharge of that person's duty in addition to that person's salary or compensation, including without limitation because of enumeration, traveling expenses, tuition costs incurred in attending courses of instruction clearly related to that person's employment, and the board may establish standard allowances for mileage, room and meals, the purposes for which allowances may be made, and determine the reasonableness and necessity for such reimbursements, and also establish in advance a fair rate of compensation to be paid to the sheriff for the board and care of prisoners in the county jail at county expense.
59.22(3a)
(3a) Commission on aging. The board may provide for the payment of expenses and a per diem to persons appointed to a county commission on aging under
s. 59.53 (11).
59.22(4)
(4) Interpretation. In the event of conflict between this section and any other statute, this section to the extent of the conflict shall prevail.
59.22 Cross-reference
Cross-reference: See also s.
66.197 as to county salary adjustments.
59.22 Annotation
The county board was without authority to adopt a resolution providing for the reduction and termination of its supplement to county judges' salaries on the contingency of increases in state salaries, since the resolution allowed for a mid-term reduction in compensation and constituted an unsanctioned interference with the legislature's authority to fix and increase county salaries. State ex rel. Conway v. Elvod, 70 W (2d) 448, 234 NW (2d) 354.
59.22 Annotation
See note to 111.70, citing 59 Atty. Gen. 209.
59.22 Annotation
Clerk of courts compensated on salary basis in lieu of fees must remit $2 U.S. passport fee to county treasury. 60 Atty. Gen. 39.
59.22 Annotation
County board may not adopt step-salary plan for elective offices related to experience of officeholder as compensation is for office, and officer is entitled thereto as incident of office. 61 Atty. Gen. 165, 403.
59.22 Annotation
Counties lack authority to pay expenses of a person attending a meeting of the Wisconsin conservation congress. 61 Atty. Gen. 327.
59.22 Annotation
Where it is duty of county traffic officer to prosecute or assist in prosecution of county traffic offense he is not entitled to witness fees but may be paid additional compensation where duty takes place outside regular working hours. 62 Atty. Gen. 93.
59.22 Annotation
County board in county over 500,000 can abolish county park commission created under 27.02 (2) and transfer its functions to the county board. 63 Atty. Gen. 115.
59.22 Annotation
County board is without power to provide for compensation for members of county board of health where express statute, 140.09 (5), provides that they will serve without compensation but may be reimbursed for expenses. Statutory powers of county clerk with respect to budgeting and record keeping cannot be transferred by county board to new position of finance officer. 63 Atty. Gen. 196.
59.22 Annotation
See note to 83.01, citing 63 Atty. Gen. 286.
59.22 Annotation
County board may not deny salary to an elected official during a period of sickness. Board does not have power to establish sick leave and vacation benefits for elected county officials. 65 Atty. Gen. 62.
59.22 Annotation
The authority to establish salaries for the staff employed by a county's 51.42/51.437 board lies with such board, subject to the general budgetary control of the county board. 65 Atty. Gen. 105.
59.22 Annotation
See note to 66.197, citing 69 Atty. Gen. 1.
59.23(1)(1)
Deputies; salaries; vacancies. 59.23(1)(a)(a) Every clerk shall appoint in writing one or more deputies and file the appointment in the clerk's office. The deputy or deputies shall aid in the performance of the duties of the clerk under the clerk's direction, and in case of the absence or disability of the clerk or of a vacancy in the clerk's office, unless another is appointed therefor as provided in
par. (c), shall perform all of the duties of the clerk during the absence or until the vacancy is filled. The board may, at any meeting, provide a salary for the deputy or deputies.
59.23(1)(b)
(b) In each county having a population exceeding 150,000 according to the last state or national census, the clerk may also appoint the number of assistants that the board authorizes and prescribes, and the assistants shall receive salaries that the board provides and fixes.
59.23(1)(c)
(c) If a clerk is incapable of discharging the duties of office the board may appoint an acting clerk, who shall serve until the disability is removed. If the board is not in session at the time of the incapacity, the chairperson of the board may appoint an acting clerk, whose term shall not extend beyond the next regular or special meeting of the board. A person appointed as acting clerk or appointed to fill a vacancy in the office of clerk, upon giving an official bond with sureties as required of a clerk, shall perform all of the duties of the office; and thereupon the powers and duties of the deputy of the last clerk shall cease.
59.23(2)(a)
(a) Board proceedings. Act as clerk of the board at all of the meetings thereof; keep and record in a book therefor true minutes of all the proceedings of the board; make regular entries of the board's resolutions and decisions upon all questions; record the vote of each supervisor on any question submitted to the board, if required by any member present; and perform all duties prescribed by law or required by the board in connection with its meetings and transactions.
59.23(2)(b)
(b) Recording of proceedings. Record at length in a book therefor every resolution adopted, order passed and ordinance enacted by the board.
59.23(2)(c)
(c) Orders for payment. Sign all orders for the payment of money directed by the board to be issued, and keep in a book therefor a true and correct account thereof, and of the name of the person to whom each order is issued; but he or she shall not sign or issue any county order except upon a recorded vote or resolution of the board authorizing the same; and shall not sign or issue any such order for the payment of the services of any clerk of court, district attorney or sheriff until the person claiming the order files an affidavit stating that he or she has paid into the county treasury all moneys due the county and personally collected or received in an official capacity; and shall not sign or issue any order for the payment of money for any purpose in excess of the funds appropriated for such purpose unless first authorized by a resolution adopted by the county board under
s. 65.90 (5).
59.23(2)(d)
(d) Accounts. File and preserve in the clerk's office all accounts acted upon by the board, and endorse its action thereon, designating specifically upon every account the amount allowed, if any, and the particular items or charges for which allowed, and such as were disallowed, if any.
59.23(2)(e)
(e) Reports of receipts and disbursements. Record in a book therefor the reports of the treasurer of the receipts and disbursements of the county.
59.23(2)(f)
(f) Recording receipts and disbursements. Keep a true and accurate account in a book therefor of all money which comes into the clerk's hands by virtue of the clerk's office, specifying the date of every receipt or payment, the person from or to whom the receipt or payment was received or paid, and the purpose of each particular receipt or disbursement, and keep the book at all times open to the inspection of the county board or any member of the board.
59.23(2)(g)
(g) Payments to treasurer. Keep in the manner prescribed in
par. (f) a separate account of all moneys paid the treasurer by the clerk.
59.23(2)(h)
(h) Books of account. Keep all of the accounts of the county and all books of account as the board directs. Books of account shall be maintained on a calendar year basis, which shall be the fiscal year in every county.
59.23(2)(i)
(i) Actions; notify district attorney. Promptly notify the district attorney of every action or proceeding commenced against the county and of every appeal from the action of the board.
59.23(2)(j)
(j) School taxes, records to department of education. Transmit to the department of education on the last Monday in December in each year certified copies of all resolutions adopted and proceedings of the board passed or had during the preceding year relating to the raising of any money for school purposes, and report the amount to be raised in each town in the county.
59.23(2)(k)
(k) Villages, towns; change of name. Immediately transmit to the secretary of state, after the name of any town or village is changed or a new town is organized or the boundaries of any town are altered by the board, a certified copy of the ordinance enacted therefor, indicating such change or changes.
59.23(2)(L)
(L) Duplicate receipts. Make out and deliver to the treasurer duplicate receipts of all money received by the clerk as clerk, and countersign and file in the clerk's office the duplicate receipts delivered to the clerk by the treasurer of money received by the treasurer.
59.23(2)(m)
(m) Certified copies; oaths and bonds; signatures. 59.23(2)(m)1.1. Make and deliver to any person, for a fee that is set by the board under
s. 19.35 (3), a certified copy or transcript of any book, record, account, file or paper in his or her office or any certificate which by law is declared to be evidence.
59.23(2)(m)2.
2. Except as otherwise provided, receive and file the official oaths and bonds of all county officers and upon request shall certify under the clerk's signature and seal the official capacity and authority of any county officer so filing and charge therefor the statutory fee. Upon the commencement of each term every clerk shall file the clerk's signature and the impression of the clerk's official seal in the office of the secretary of state.
59.23(2)(n)
(n) Taxes; election duties. Perform all duties that are imposed on the clerk in relation to the assessment and collection of taxes, and to the preparation and distribution of ballots and the canvass and return of votes at general, judicial and special elections.
59.23(2)(o)
(o) Report, receipts and disbursements to board. Make a full report to the board, at the annual meeting or at any other regular meeting of the board when so stipulated by the board, in writing, verified by the clerk's oath, of all money received and disbursed by the clerk, and separately of all fees received by the clerk; and settle with the board the clerk's official accounts and produce to the board all books, accounts and vouchers relating to the same.
59.23(2)(p)
(p) Proceedings to historical society. Forward to the historical society, postpaid, within 30 days after their publication a copy of the proceedings of the board, and of all printed reports made under authority of such board or by the authority of other county officers.
59.23(2)(q)
(q) County highway commissioner; notify of election. Except in counties having a population of 150,000 or more, notify a county commissioner of highways of the commissioner's election within 10 days thereafter.
59.23(2)(r)
(r) County tax for road and bridge fund. Except in counties having a population of 150,000 or more, notify the proper town officers of the levy and rate of any tax for the county road and bridge fund.
59.23(2)(s)
(s) List of municipal officers. Annually, on the first Tuesday of June, transmit to the secretary of state a typewritten or printed list showing the name and post-office address of the chairperson, mayor, president, clerk, treasurer and assessor of each municipality within the county. Such lists shall be placed on file for the information of the public.
59.23(2)(t)
(t) General. Perform all other duties required of the clerk by law.
59.23 History
History: 1995 a. 201 ss.
261,
263,
264,
275;
1995 a. 225 ss.
147 to
150.
