66.0435 Annotation
A license issued without prior approval of park plans is void and the owner cannot complain if it is revoked. A mobile home park zoning ordinance adopted without compliance with the notice of hearing requirements of s. 60.74 (2), 1981 stats. [now 60.61 (4)] is void. Edelbeck v. Town of Theresa,
57 Wis. 2d 172,
203 N.W.2d 694.
66.0435 Annotation
The time for appeal under sub. (2) (d) begins on the date of the action revoking the license, not on the effective date of the revocation. Reusch v. City of Baraboo,
85 Wis. 2d 294,
270 N.W.2d 229 (1978).
66.0435 Annotation
A state university is not subject to local licensing in the operation of a university mobile home park. 60 Atty. Gen. 7.
66.0435 Annotation
A town cannot have a more restrictive ordinance regulating use and location of mobile homes outside of mobile home parks than the county. 60 Atty. Gen. 131.
66.0435 Annotation
A town board that has given conditional approval to plans for a mobile home park has power to alter conditions as long as it acts reasonably. Molgaard v. Town of Caledonia,
527 F. Supp. 1073 (1981).
OFFICERS AND EMPLOYEES
66.0501
66.0501
Eligibility for office. 66.0501(1)
(1)
Deputy sheriffs and municipal police. No person may be appointed deputy sheriff of any county or police officer for any city, village or town unless that person is a citizen of the United States. This section does not apply to common carriers or to a deputy sheriff not required to take an oath of office.
66.0501(2)
(2) Eligibility of other officers. Except as expressly authorized by statute, no member of a town, village or county board, or city council, during the term for which the member is elected, is eligible for any office or position which during that term has been created by, or the selection to which is vested in, the board or council, but the member is eligible for any elective office. The governing body may be represented on city, village or town boards and commissions where no additional compensation, except a per diem, is paid to the representatives of the governing body and may fix the tenure of these representatives notwithstanding any other statutory provision. A representative of a governing body who is a member of a city, village or town board or commission may receive a per diem only if the remaining members of the board or commission may receive a per diem. This subsection does not apply to a member of any board or council described in this subsection who resigns from the board or council before being appointed to an office or position which was not created during the member's term in office.
66.0501(3)
(3) Appointments on consolidation of offices. Whenever offices are consolidated, the occupants of which are members of the same statutory committee or board and which are serving in that office because of holding another office or position, the common council or village board may designate another officer or officers or make any additional appointments as may be necessary to procure the number of committee or board members provided for by statute.
66.0501(4)
(4) Compatible offices and positions. A volunteer fire fighter, emergency medical technician or first responder in a city, village or town whose annual compensation, including fringe benefits, does not exceed $2,500 may also hold an elected office in that city, village or town.
66.0501 Annotation
A citizenship requirement for peace officers is constitutional. 68 Atty. Gen. 61.
66.0501 Annotation
The offices of commissioner of a town sanitary district and supervisor of a town board are incompatible when the town board also serves as the appointing authority for the commissioners. 69 Atty. Gen. 108.
66.0503
66.0503
Combination of municipal offices. 66.0503(1)
(1) The office of county supervisor may be consolidated by charter ordinance under
[s. 61.1895] or 66.0101:
66.0503 Note
NOTE: The bracketed section does not exist. Corrective legislation is pending.
66.0503(1)(a)
(a) With the office of village president in any village which has boundaries coterminous with the boundaries of any supervisory district established under
s. 59.10 (3).
66.0503(1)(b)
(b) With the office of alderperson or council member in any city in which the district from which the alderperson or council member is elected is coterminous with the boundaries of any supervisory district established under
s. 59.10 (3).
66.0503(2)
(2) After the effective date of adoption or repeal of a charter ordinance under this section, the clerk of the municipality shall file a copy of the ordinance with the clerk of the county within which the supervisory district lies. When so consolidated, nomination papers shall contain that number of signatures required under
s. 8.10 for county supervisors and shall be filed in the office of the county clerk.
66.0503(3)
(3) Removal from office of any incumbent of an office consolidated under this section vacates the office in its entirety whether effected under
ss. 17.09,
17.12 and
17.13 or other pertinent statute.
66.0503(4)
(4) Compensation for an office consolidated under this section shall be separately established by the several governing bodies affected by the consolidation as though no consolidation of offices had occurred.
66.0503(5)
(5) Tenure for an officer of an office consolidated under this section shall coincide with the term for county supervisors.
66.0505
66.0505
Compensation of governing bodies. An elected official of any county, city, town or village, who by virtue of the office held by that official is entitled to participate in the establishment of the salary attending that office, shall not during the term of the office collect salary in excess of the salary provided at the time of that official's taking office. This provision is of statewide concern and applies only to officials elected after October 22, 1961.
66.0505 History
History: 1991 a. 316;
1993 a. 213;
1999 a. 150 s.
312; Stats. 1999 s. 66.0505.
66.0507
66.0507
Automatic salary schedules. Whenever the governing body of any city, village or town by ordinance adopts a salary schedule for some or all employees and officers of the city, village or town, other than members of the city council or village or town board, the salary schedule may include an automatic adjustment for some or all of the personnel in conformity with fluctuations upwards and downwards in the cost of living, notwithstanding
ss. 60.32,
61.32,
62.09 (6) and
62.13 (7).
66.0507 History
History: 1971 c. 125 s.
522 (1);
1971 c. 154;
1985 a. 225;
1993 a. 246;
1999 a. 150 s.
314; Stats. 1999 s. 66.0507.
66.0509
66.0509
Civil service system; veterans' preference. 66.0509(1)(1) Any city or village may proceed under
s. 61.34 (1),
62.11 (5) or
66.0101 to establish a civil service system of selection, tenure and status, and the system may be made applicable to all municipal personnel except the chief executive and members of the governing body, members of boards and commissions including election officials, employees subject to
s. 62.13, members of the judiciary and supervisors. Any town may establish a civil service system under this subsection. For veterans there shall be no restrictions as to age, and veterans and their spouses shall be given preference points in accordance with
s. 230.16 (7). The system may also include uniform provisions in respect to attendance, leave regulations, compensation and payrolls for all personnel included in the system. The governing body of any city, village or town establishing a civil service system under this section may exempt from the system the librarians and assistants subject to
s. 43.09 (1).
66.0509(2)(a)(a) Any town may establish a civil service system under
sub. (1) and in the departments that the town board may determine. Any person who has been employed in a department for more than 5 years before the establishment of a civil service system applicable to that department is eligible to appointment without examination.
66.0509(2)(b)
(b) Any town not having a civil service system and having exercised the option of placing assessors under civil service under
s. 60.307 (3) may establish a civil service system for assessors under
sub. (1), unless the town has come within the jurisdiction of a county assessor under
s. 70.99.
66.0509(3)
(3) When any town has established a system of civil service, the ordinance establishing the system may not be repealed for a period of 6 years after its enactment, and after the 6-year period it may be repealed only by proceedings under
s. 9.20 by referendum vote. This subsection does not apply if a town comes, before the expiration of the 6 years, within the jurisdiction of a county assessor under
s. 70.99.
66.0509(4)
(4) Any civil service system established under the provisions of this section shall provide for the appointment of a civil service board or commission and for the removal of the members of the board or commission for cause by the mayor with approval of the council, by the city manager and the council in a city organized under
ss. 64.01 to
64.15, and by the board in a village or town.
66.0509(5)
(5) All examinations given in a civil service system established under this section, including minimum training and experience requirements, for positions in the classified service shall be job-related in compliance with appropriate validation standards and shall be subject to the approval of the board or commission appointed under
sub. (4). All relevant experience, whether paid or unpaid, shall satisfy experience requirements.
66.0511
66.0511
Law enforcement agency policies on use of force and citizen complaint procedures. 66.0511(2)
(2) Use of force policy. Each person in charge of a law enforcement agency shall prepare in writing and make available for public scrutiny a policy or standard regulating the use of force by law enforcement officers in the performance of their duties.
66.0511(3)
(3) Citizen complaint procedure. Each person in charge of a law enforcement agency shall prepare in writing and make available for public scrutiny a specific procedure for processing and resolving a complaint by any person regarding the conduct of a law enforcement officer employed by the agency. The writing prepared under this subsection shall include a conspicuous notification of the prohibition and penalty under
s. 946.66.
66.0511 History
History: 1987 a. 131;
1997 a. 176;
1999 a. 150 s.
366; Stats. 1999 s. 66.0511.
66.0513
66.0513
Police, pay when acting outside county or municipality. 66.0513(1)(1) Any chief of police, sheriff, deputy sheriff, county traffic officer or other peace officer of any city, county, village or town, who is required by command of the governor, sheriff or other superior authority to maintain the peace, or who responds to the request of the authorities of another municipality, to perform police or peace duties outside territorial limits of the city, county, village or town where the officer is employed, is entitled to the same wage, salary, pension, worker's compensation, and all other service rights for this service as for service rendered within the limits of the city, county, village or town where regularly employed.
66.0513(2)
(2) All wage and disability payments, pension and worker's compensation claims, damage to equipment and clothing, and medical expense arising under
sub. (1), shall be paid by the city, county, village or town regularly employing the officer. Upon making the payment the city, county, village or town shall be reimbursed by the state, county or other political subdivision whose officer or agent commanded the services out of which the payments arose.
66.0513 History
History: 1975 c. 147 s.
54;
1999 a. 150 s.
367; Stats. 1999 s. 66.0513.
66.0515
66.0515
Receipts for fees. Every officer or employee upon receiving fees shall, if requested to do so by the person paying the fees, deliver to that person a receipt for the fees, specifying for which account each portion of the fees respectively accrued.
66.0515 History
History: 1991 a. 316;
1999 a. 150 s.
270; Stats. 1999 s. 66.0515.
66.0517(2)(a)(a)
Town, village and city weed commissioner. The chairperson of each town, the president of each village and the mayor of each city may appoint one or more commissioners of noxious weeds on or before May 15 in each year. A weed commissioner shall take the official oath and the oath shall be filed in the office of the town, village or city clerk. A weed commissioner shall hold office for one year and until a successor has qualified or the town chairperson, village president or mayor determines not to appoint a weed commissioner. If more than one commissioner is appointed, the town, village or city shall be divided into districts by the officer making the appointment and each commissioner shall be assigned to a different district. The town chairperson, village president or mayor may appoint a resident of any district to serve as weed commissioner in any other district of the same town, village or city.
66.0517(2)(b)
(b)
County weed commissioner. A county may by resolution adopted by its county board provide for the appointment of a county weed commissioner and determine the duties, term and compensation for the county weed commissioner. When a weed commissioner has been appointed under this paragraph and has qualified, the commissioner has the powers and duties of a weed commissioner described in this section. Each town chairperson, village president or mayor may appoint one or more deputy weed commissioners, who shall work in cooperation with the county weed commissioner in the district assigned by the appointing officer.
66.0517(3)(a)(a)
Destruction of noxious weeds. A weed commissioner shall investigate the existence of noxious weeds in his or her district. If a person in a district neglects to destroy noxious weeds as required under
s. 66.0407 (3), the weed commissioner shall destroy, or have destroyed, the noxious weeds in the most economical manner. A weed commissioner may enter upon any lands that are not exempt under
s. 66.0407 (5) and cut or otherwise destroy noxious weeds without being liable to an action for trespass or any other action for damages resulting from the entry and destruction, if reasonable care is exercised.
66.0517(3)(b)1.1. Except as provided in
sub. (2) (b), a weed commissioner shall receive compensation for the destruction of noxious weeds as determined by the town board, village board or city council upon presenting to the proper treasurer the account for noxious weed destruction, verified by oath and approved by the appointing officer. The account shall specify by separate items the amount chargeable to each piece of land, describing the land, and shall, after being paid by the treasurer, be filed with the town, village or city clerk. The clerk shall enter the amount chargeable to each tract of land in the next tax roll in a column headed "For the Destruction of Weeds", as a tax on the lands upon which the weeds were destroyed. The tax shall be collected under
ch. 74, except in case of lands which are exempt from taxation, railroad lands or other lands for which taxes are not collected under
ch. 74. A delinquent tax may be collected as is a delinquent real property tax under
chs. 74 and
75 or as is a delinquent personal property tax under
ch. 74. In case of railroad lands or other lands for which taxes are not collected under
ch. 74, the amount chargeable against these lands shall be certified by the town, village or city clerk to the state treasurer who shall add the amount designated to the sum due from the company owning, occupying or controlling the lands specified. The state treasurer shall collect the amount chargeable as prescribed in
subch. I of ch. 76 and return the amount collected to the town, city or village from which the certification was received.
66.0517(3)(b)2.
2. For the performance of duties other than the destruction of noxious weeds, a weed commissioner shall receive compensation to be determined by the town board, village board or city council.
66.0517 History
History: 1999 a. 150.
FINANCE; REVENUES
66.0601(1)(a)(a)
Bonus to state institution. No appropriation or bonus, except a donation, may be made by a town, village, or city, nor municipal liability created nor tax levied, as a consideration or inducement to the state to locate any public educational, charitable, reformatory, or penal institution.
66.0601(1)(b)
(b)
Payments for abortions restricted. No city, village, town, family care district under
s. 46.2895 or agency or subdivision of a city, village or town may authorize funds for or pay to a physician or surgeon or a hospital, clinic or other medical facility for the performance of an abortion except those permitted under and which are performed in accordance with
s. 20.927.
66.0601(1)(c)
(c)
Payments for abortion-related activity restricted. No city, village, town, family care district under
s. 46.2895 or agency or subdivision of a city, village or town may authorize payment of funds for a grant, subsidy or other funding involving a pregnancy program, project or service if
s. 20.9275 (2) applies to the pregnancy program, project or service.
66.0601(2)
(2) Celebration of holidays. A town, county, school board or school district may appropriate money for the purpose of initiating or participating in appropriate celebrations of any legal holiday listed in
s. 895.20.
66.0601 History
History: 1999 a. 65 s.
14;
1999 a. 150 ss.
89,
90,
92,
94,
165 to
167; s. 13.93 (1) (b).
66.0603(1g)(a)(a) In this section, "governing board" has the meaning given under
s. 34.01 (1) but does not include a local cultural arts district board created under
subch. V of ch. 229.
66.0603(1m)(a)(a) A county, city, village, town, school district, drainage district, technical college district or other governing board, other than a local professional football stadium district board created under
subch. IV of ch. 229, may invest any of its funds not immediately needed in any of the following:
66.0603(1m)(a)1.
1. Time deposits in any credit union, bank, savings bank, trust company or savings and loan association which is authorized to transact business in this state if the time deposits mature in not more than 3 years.
66.0603(1m)(a)2.
2. Bonds or securities issued or guaranteed as to principal and interest by the federal government, or by a commission, board or other instrumentality of the federal government.
66.0603(1m)(a)3.
3. Bonds or securities of any county, city, drainage district, technical college district, village, town or school district of this state.
66.0603 Note
NOTE: Subd. 3q. was created as s. 66.04 (2) (a) 3q. by
1999 Wis. Act 167, s.
32, and renumbered to s. 66.0603 (1m) (a) 3q. by the revisor under s. 13.93 (1) (b).
66.0603(1m)(a)3s.
3s. Bonds issued by the University of Wisconsin Hospitals and Clinics Authority.
66.0603 Note
NOTE: Subd. 3t. was created as s. 66.04 (2) (a) 3t. by
1999 Wis. Act 65, s.
17 and renumbered to s. 66.0603 (1m) (a) 3t. by the revisor under s. 13.93 (1) (b).
66.0603(1m)(a)4.
4. Any security which matures or which may be tendered for purchase at the option of the holder within not more than 7 years of the date on which it is acquired, if that security has a rating which is the highest or 2nd highest rating category assigned by Standard & Poor's corporation, Moody's investors service or other similar nationally recognized rating agency or if that security is senior to, or on a parity with, a security of the same issuer which has such a rating.
66.0603(1m)(a)5.
5. Securities of an open-end management investment company or investment trust, if the investment company or investment trust does not charge a sales load, if the investment company or investment trust is registered under the investment company act of 1940,
15 USC 80a-1 to
80a-64, and if the portfolio of the investment company or investment trust is limited to the following:
66.0603(1m)(a)5.a.
a. Bonds and securities issued by the federal government or a commission, board or other instrumentality of the federal government.
66.0603(1m)(a)5.b.
b. Bonds that are guaranteed as to principal and interest by the federal government or a commission, board or other instrumentality of the federal government.
