1995 Wisconsin Act 201

59.23 (2) (title) County clerk; duties Duties. (intro.) The county clerk shall:

(a) (title) County board Board proceedings. Act as clerk of the county 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 their 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 their its meetings and transactions.

(b) (title) Same Recording of proceedings. Record at length in a book therefor every resolution adopted, order passed and ordinance adopted or passed enacted by the board.

(c) (title) Same 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 passed adopted by the county board under s. 65.90 (5).

(d) Accounts. File and preserve in the clerk's office all accounts acted upon by the board, and indorse their 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.

(e) (title) Receipts Reports of receipts and disbursements. Record in a book therefor the reports of the county treasurer of the receipts and disbursements of the county.

(f) (title) Same 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 same receipt or payment was received or paid, and the purpose of each particular receipt or disbursement, and keep such the book at all times open to the inspection of the county board or any member thereof of the board.

(g) (title) Same Payments to treasurer. Keep in the manner prescribed in sub. (6) par. (f) a separate account of all moneys paid the county treasurer by the clerk.

(h) (title) Same Books of account. Keep all of the accounts of the county and all books of account as the county board directs. Books of account shall be maintained on a calendar year basis, which shall be the fiscal year in every county.

(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 county board.

(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 county 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.

201,264 Section 264 . 59.17 (12) to (20) and (25) of the statutes are renumbered 59.23 (2) (k) to (s) and (t) and amended to read:

59.23 (2) (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 county board, a certified copy of the ordinance adopted enacted therefor, indicating such change or changes.

(L) Duplicate receipts. Make out and deliver to the treasurer duplicate receipts of all moneys 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.

(m) Certified copies; oaths and bonds; signatures. 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.

2. Except as otherwise provided, the county clerk shall 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 county clerk shall file the clerk's signature and the impression of the clerk's official seal in the office of the secretary of state.

(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.

(o) (title) Report, receipts and disbursements to county board. Make a full report to the county board, at the annual meeting or at any other regular meeting of the county 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 them the board all books, accounts and vouchers relating to the same.

(p) Proceedings to historical society. Forward to the historical society, postpaid, within thirty 30 days after their publication a copy of the proceedings of the county board, and of all printed reports made under authority of such board or by the authority of other county officers.

(q) County highway commissioner; notify of election. Except in counties having a population of one hundred and fifty thousand 150,000 or more, notify a county commissioner of highways of the commissioner's election within ten 10 days thereafter.

(r) County tax for road and bridge fund. Except in counties having a population of one hundred and fifty thousand 150,000 or more, notify the proper town officers of the levy and rate of any tax for the county road and bridge fund.

(s) List of municipal officers. Each county clerk shall, annually 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 town, city and village municipality within the county. Such lists shall be placed on file for the information of the public.

(t) General. Perform all other duties required of the county clerk by law.

201,265 Section 265 . 59.175 of the statutes, as affected by 1995 Wisconsin Act 77, is renumbered 59.24 and amended to read:

59.24 Clerks of counties containing state institutions to make claims in certain cases. The county clerk of any county which is entitled to reimbursement under s. 16.51 (7) shall make a certified claim against the state, without direction from the county board, in all cases where the reimbursement is directed in that subsection s. 16.51 (7), upon forms prescribed by the department of administration. The forms shall contain information required by the clerk and shall be filed annually with the department of corrections on or before June 1. If the claims are approved by the department of corrections, they shall be certified to the department of administration and paid from the appropriation made by s. 20.410 (1) (c), if the claim is for reimbursement of expenses involving a prisoner in a state prison named in s. 302.01, or from the appropriation under s. 20.410 (3) (c), if the claim is for reimbursement of expenses involving a child in a secured correctional facility, as defined in s. 938.02 (15m).

201,266 Section 266 . 59.18 of the statutes is renumbered 59.25 (1) and amended to read:

59.25 (1) (title) County treasurer; eligibility Eligibility. No person holding the office of sheriff, undersheriff, circuit judge, district attorney, clerk of the circuit court, county clerk or member of the county board shall be eligible to the office of county treasurer or deputy county treasurer.

201,267 Section 267 . 59.19 of the statutes is renumbered 59.25 (2) and amended to read:

59.25 (2) Deputies; oath; salary; temporary vacancy. (a) The county treasurer may appoint in writing one or more deputies to aid the treasurer in the discharge of the duties of the office of county treasurer. Such deputy or deputies, in the absence of the treasurer from the treasurer's office or in case of a vacancy in said office or any disability of the treasurer to perform the duties of the office of county treasurer, unless another is appointed therefor as provided in sub. (2) par. (b), may perform all of the duties of the office of treasurer until such vacancy is filled or such disability is removed. The person or persons so appointed shall take and file the official oath. They shall file their appointment with the county clerk. The county board may, in its discretion, at its annual meeting or at any special meeting, provide a salary for each such deputy.

(b) If any county treasurer is incapable of discharging the duties of the office of county treasurer, the county board may, if they see it sees fit, appoint a person treasurer who shall serve until such disability is removed. A person so appointed or appointed to fill a vacancy in the office of treasurer, upon giving an official bond with like sureties as are required of such treasurer, shall perform all the duties of such office, and thereupon the powers and duties of any deputy performing the duties of the last treasurer shall cease.

201,268 Section 268 . 59.20 (title) of the statutes is created to read:

59.20 (title) County offices and officers.

201,269 Section 269 . 59.20 (intro.), (1) to (4), (4m), (5), (5m) and (6) to (8) of the statutes are renumbered 59.25 (3) (intro.) and (a) to (j) and amended to read:

59.25 (3) (title) County treasurer; duties Duties. (intro.) The county treasurer shall do all of the following:

(a) 1. Receive all moneys from all sources belonging to the county, and all other moneys which by statute or county ordinance are directed to be paid to the treasurer, and, except in counties having a population of 500,000 or more, in the case of the payment of delinquent property taxes or the redemption of land subject to a tax certificate, make out and deliver to the county clerk duplicate receipts therefor, and file in the treasurer's office the duplicate receipts delivered to the treasurer by the county clerk for money received by the clerk.

2. In the case of the exception hereinabove provided, the county treasurer shall counties having a population of 500,000 or more, file a duplicate receipt in the treasurer's office.

(b) Pay out all moneys belonging to the county only on the order of the county board, signed by the county clerk and countersigned by the chairperson, except when special provision for the payment thereof is otherwise made by law; and, except in counties having a population of 500,000 or more, pay out all moneys belonging to the county road and bridge fund on the written order of the county commissioner of highways, signed by the county clerk and countersigned by the chairperson of the county board.

(c) Pay all such county orders in the order of time in which they are presented for payment; but where two 2 or more are presented at the same time, give precedence to the order of the oldest date, but the treasurer shall receive of town, city and village municipal treasurers all county orders issued in such the county, which such the treasurers may present in payment of county taxes, to the amount of the county taxes actually collected by any such municipal treasurer in the year for which such the orders are offered in payment, which amount shall be determined by the affidavit of such the municipal treasurer.

(d) Keep a true and correct account of the receipt and expenditure of all moneys which come into the treasurer's hands by virtue of the treasurer's office in books kept therefor, specifying the date of every receipt or payment, the person from or to whom the same was received or paid, and the purpose of each particular receipt or payment; keep also in like manner a separate account of all fees received, a separate account of all moneys received for taxes, and a separate account of money received upon redemption of lands from sales thereof for nonpayment of taxes, further specifying in the two 2 last accounts the description of the property on account of which such money was paid, which books shall be open at all times to the inspection of the county board or any member thereof and to all the county and state officers; make in writing a fully itemized statement and report, verified by the treasurer's oath, to the board on the first day of their the annual board meeting and at such other times as they may direct the board directs, of all moneys of whatever nature received and disbursed by the county treasurer; exhibit the treasurer's vouchers therefor to be audited and allowed, and settle with the board the treasurer's accounts as treasurer; and exhibit to the board all moneys in the custody or control of the treasurer as treasurer, and, if required, make oath that such moneys are the funds of the county.

(e) Annually by April 15th 15, furnish to the department of revenue the completed tax roll settlement sheets prescribed under s. 70.09 (3).

(f) 1. Except as provided in par. (b) subd. 2., transmit to the state treasurer at the time required by law to pay the state taxes a particular statement, certified by the county treasurer's personal signature affixed or attached thereto, of all moneys received by him or her during the preceding year and which are payable to the state treasurer for licenses, fines, penalties, or on any other account, and at the same time pay to the state treasurer the amount thereof after deducting the legal fees.

2. For all court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 165.87 for the penalty assessment surcharge, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 161.41 (5) for the drug abuse program improvement surcharge, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 (1) for the domestic abuse assessment, the amounts required by s. 346.655 (2) (a) and (b) for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 144.992 for the environmental assessment, the amounts required by s. 29.9965 for the wild animal protection assessment, the amounts required by s. 29.997 for the natural resources assessment surcharge, the amounts required by s. 29.9967 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment and the amounts required by s. 29.998 for natural resources restitution payments, transmit to the state treasurer a statement of all moneys required by law to be paid on the actions so entered during the preceding month on or before the first day of the next succeeding month, certified by the county treasurer's personal signature affixed or attached thereto, and at the same time pay to the state treasurer the amount thereof.

(g) Deposit all moneys for jail assessments received under s. 302.46 (1) in a county jail fund and make payments from the fund for purposes of s. 302.46 (2) on order of the county board under sub. (2) par. (b).

(h) Cause to be insured, when directed by the county board, at the expense of the county, the county buildings or any of them in the name of the county; and, in case of loss, demand and receive the money due on account of such insurance for the use of the county; and all such money shall be applied to rebuilding or repairing such county buildings.

(i) Make annually, on the third 3rd Monday of March, a certified statement, and forward the same it to each town, city and village municipal clerk in the county, showing the amount of money paid from the county treasury during the year next preceding to each such town, city and village municipal treasurer in the county, specifying the date of each payment, the amount thereof and the account upon which the same payment was made; and it shall be unlawful for any county treasurer to pay to the treasurer of any town any money in the hands of the county treasurer belonging to such the town from the third 3rd Monday of March until ten 10 days after the annual town meeting except upon the written order of the town board.

(j) Retain 10% for fees in receiving and paying into the state treasury all moneys money received by the treasurer for the state for fines and penalties, except that 50% of the state forfeitures, fines and penalties under chs. 341 to 347, 349 and 351 shall be retained as fees, and retain such the other fees for receiving and paying money into the state treasury as that are prescribed by law.

201,270 Section 270 . 59.20 (8m), (8n), (8r) and (9) to (15) of the statutes are renumbered 59.25 (3) (k) to (t), and 59.25 (3) (L) and (n) to (t), as renumbered, are amended to read:

59.25 (3) (L) Forward all moneys money received under s. 66.12 (3) (c) to the state treasurer for deposit in the transportation fund under s. 25.40 (1) (ig).

(n) 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.

(o) On the first day of each month pay into the county treasury the whole amount of fees received by the treasurer.

(p) Pay to the state treasurer on his or her order the state percentage of fees received from the clerk of the circuit court under s. 59.395 (5) 59.40 (2) (m) and if any such moneys remain in his or her hands when he or she is required to pay the state percentage of fees, pay such moneys therewith to the state treasurer.

(q) Perform all other duties required of the county treasurer by law.

(r) If the treasurer's county receives national forest income, make distribution thereof distribute such income to the towns in the county wherein in which national forest lands are situated, each town to receive such proportion thereof as the area of national forest lands therein bears to the area of such lands in the entire county. Fifty percent of the amount received by it shall be expended by the town exclusively for the benefit of roads therein.

(s) Exercise any investment authority delegated to the county treasurer by the county board under s. 59.07 (101) 59.62.

(t) Notify municipalities of payments made under ss. 74.29 and 79.10 in respect to property tax levies originally certified to the municipality for collection.

201,271 Section 271 . 59.201 of the statutes is renumbered 59.81 and amended to read:

59.81 Cash flow, Milwaukee. In counties having a population of 500,000 or more, the county treasurer may be designated as the custodian for all cash received in an escrow, trust, bailment or safekeeping capacity by any other department of the county. This section is not applicable to the clerk of circuit court or any other depository specifically designated by a court of law or by a donor or other bailor even if the other depository retains control over such funds and the ultimate disposition. The treasurer may commingle this cash with general revenue cash and subject these funds to a common investment policy. Any interest earned on such investment reverts to the general fund of the county.

201,272 Section 272 . 59.203 of the statutes is renumbered 59.63 and amended to read:

59.63 Treasurer's disbursement of revenue. The treasurer may make disbursements of property tax revenues and of credits under s. 79.10 according to the proportions that are reported under ss. 60.33 (10m), 61.25 (10) and 62.09 (11) (j).

201,273 Section 273 . 59.21 of the statutes is renumbered 59.26, and 59.26 (1) to (7), (8) (a), (b) 1. to 5. and 6., (c), (cm) and (d) and (9), as renumbered, are amended to read:

59.26 (1) Within 10 days after entering upon the duties of the office of sheriff, the sheriff shall appoint some proper person, who is a resident of the county, undersheriff. However, in counties with a population of 500,000 or more the appointment of an undersheriff is optional. In counties where the sheriff's department is under civil service, the sheriff, in conformity with county ordinance, may, at the request of the affected deputy, grant a leave of absence to a deputy sheriff who the sheriff has appointed undersheriff, or to any other position in the sheriff's department, upon the deputy's acceptance of the appointment. Any deputy in a county under civil service granted leave of absence under this subsection upon completion of the appointive position shall immediately be returned to the position of deputy sheriff and shall continue therein without loss of any rights under the civil service law. The sheriff, however, may not grant such leave of absence to a deputy sheriff until the sheriff first secures the consent of the county board by resolution duly adopted by the county board. Within 10 days after entering upon the duties of the office of sheriff, the sheriff shall also appoint deputy sheriffs for the county as follows:

(a) One for each city and village therein having one thousand in the county that has 1,000 or more inhabitants.

(b) One for each assembly district therein in the county, except the district in which the undersheriff resides, which contains an incorporated village having less than one thousand 1,000 inhabitants and does not contain a city or incorporated village having more than one thousand 1,000 inhabitants.

(c) Each deputy shall reside in the city or village for which the deputy is appointed, or, if appointed for an assembly district, shall reside in the village in such district.

(2) The sheriff may appoint as many other deputies as the sheriff may deem considers proper.

(3) The sheriff may fill vacancies in the office of any such appointee, and he or she may appoint a person to take the place of any undersheriff or deputy who becomes incapable of executing the duties of that office.

(4) A person who is appointed undersheriff or deputy for a regular term or to fill a vacancy or otherwise shall hold office during the pleasure of the sheriff.

(5) The sheriff or the undersheriff may also depute in writing other persons to do perform particular acts.

(6) Every appointment of an undersheriff or deputy, except deputations to do perform a particular act, and every revocation of such appointment shall be in writing and be filed and recorded in the office of the clerk of the circuit court.

(7) In case of a vacancy in the office of sheriff , the undersheriff shall in all things and with like liabilities and penalties execute the duties of such office the office of sheriff until the vacancy is filled as provided by law.

(8) (a) In any county having with a population of less than 500,000, the county board, by ordinance, may fix the number of deputy sheriffs to be appointed in that county at not less than that number required by sub. (1) (a) and (b) and may set the salary of those deputies. The county board may provide by ordinance that deputy sheriff positions be filled by appointment by the sheriff from a list of all persons with the 3 highest scores for each position based on a competitive examination of persons residing in this state for at least one full year prior to the date of such examination. Such competitive examinations may be by a county civil service commission or by the division of merit recruitment and selection in the department of employment relations at the option of the county board and it shall so provide by ordinance. The division of merit recruitment and selection in the department of employment relations shall, upon request of the county board, conduct such examination according to the methods used in examinations for the state civil service and shall certify an eligible list of the names of all persons with the 3 highest scores on that examination for each position to the sheriff of that county who shall make an appointment from that list to fill the position within 10 days after he or she receives the eligible list. The county for which such examination is conducted shall pay the cost of that examination. If a civil service commission is decided upon for the selection of deputy sheriffs, then ss. 63.01 to 63.17 shall apply so far as consistent with this subsection, except ss. 63.03, 63.04 and 63.15 and except the provision governing minimum compensation of the commissioners. The ordinance or an amending ordinance may provide for employe grievance procedures and disciplinary actions, for hours of work, for tours of duty according to seniority and for other administrative regulations. Any county board provision consistent with this paragraph and existing on July 25, 1951, is validated. If the sheriff fills a deputy sheriff position by promotion, the sheriff shall make the appointment to the position from a list of 3 deputy sheriffs who receive the highest scores in a competitive examination. Such competitive examinations may be by a county civil service commission or by the division of merit recruitment and selection in the department of employment relations at the option of the county board and it shall so provide by ordinance.

(b) 1. The persons appointed shall hold the office of deputy sheriff on good behavior. In any county operating under this subsection, but not under s. 59.07 (20) 59.52 (8), whenever the sheriff or undersheriff or a majority of the members of a civil service commission for the selection of deputy sheriffs believes that a deputy has acted so as to show the deputy to be incompetent to perform the duties of deputy sheriff or to have merited suspension, demotion or dismissal, the sheriff, undersheriff or civil service commission shall report in writing to the grievance committee setting forth specifically the complaint against the deputy, and, when the party filing the complaint is a sheriff or undersheriff, may suspend or demote the officer at the time such complaint is filed. The grievance committee shall be appointed in the same manner and at the same time as standing committees of the county board of supervisors are appointed. The committee may be made up of members of the county board or other electors of the county, or both. Such members shall be paid in the same manner as members of other county board committees.

2. The grievance committee shall forthwith immediately notify the accused officer of the filing of the charges and on request furnish the accused officer with a copy of the same.

3. The grievance committee shall, if the officer requests a hearing, appoint a time and place for the hearing of the charges, the time to be within 3 weeks after the filing of such request for a hearing and the committee shall notify the sheriff or undersheriff or the members of the civil service commission, whichever filed the complaint with the committee, and the accused of the time and place of such hearing. If the accused officer makes no request to the grievance committee, then the committee may take whatever action it deems considers justifiable on the basis of the charges filed and shall issue an order in writing as provided in subd. 5. The committee may take testimony at the hearing, and any testimony taken shall be transcribed. The chairperson of the committee shall issue subpoenas for the attendance of such witnesses as may be requested by the accused.

4. At the hearing the chairperson of the committee may maintain order and enforce obedience to the chairperson's lawful requirements. If any a person at the hearing acts in a disorderly manner and persists after notice from the chairperson, the chairperson may order the person to leave the hearing. If the order is refused the chairperson may order the sheriff or other person to take the disorderly person into custody until the hearing is adjourned for that day.

5. At the termination of the hearing the grievance committee shall determine in writing whether or not the charge is well founded well-founded and shall take such action by way of suspension, demotion, discharge or reinstatement as it may deem considers requisite and proper under the circumstances and file the same with the secretary of the committee.

6. The accused may appeal from the order to the circuit court by serving written notice of the appeal on the secretary of the committee within 10 days after the order is filed. Within 5 days after receiving written notice of the appeal, the board shall certify to the clerk of the circuit court the record of the proceedings, including all documents, testimony and minutes. The action shall then be at issue and shall have precedence over any other cause of a different nature pending in the court, which shall always be open to the trial thereof. The court shall upon application of the accused or of the board fix a date of trial, which shall not be later than 15 days after such application except by agreement. The trial shall be by the court and upon the return of the board, except that the court may require further return or the taking and return of further evidence by the board. The question to be determined by the court shall be: “Upon the evidence is there just cause, as described under subd. 5m., to sustain the charges against the accused?" No costs shall be allowed either party and the clerk's fees shall be paid by the county. If the order of the committee is reversed, the accused shall be forthwith reinstated and entitled to pay as though in continuous service. If the order of the committee is sustained it shall be final and conclusive.

(c) The county board of any county adopting enacting the ordinance provided for in this subsection may provide that any deputy sheriff acting as such at the time of such adoption the enactment shall be eligible to such appointment without examination.

(cm) Any county board may, by a majority vote, establish, by ordinance in connection with the adoption enactment of an ordinance providing for civil service selection and tenure of deputy sheriffs under pars. (a) and (b) or by amendment to such an ordinance previously adopted enacted, a traffic division of the sheriff's department and fix the number of deputy sheriffs as traffic patrolmen and other employes in said division in which case s. 83.016 shall become inoperative as to that county. The board in such ordinance shall further provide that the personnel in such traffic division of the sheriff's department shall be appointed and hold their positions in the manner and under the conditions set forth in pars. (a) and (b). The county board may also provide that traffic patrolmen who have been appointed pursuant to under s. 83.016 and who are employed by the county at the time of the adoption of such enactment of the ordinance pursuant to under this subsection establishing a traffic division in the sheriff's department and providing civil service therefor shall be appointed to positions in such traffic division without examination.

(d) Adoption Enactment of the ordinances provided for by this subsection shall not preclude the county board from thereafter amending or repealing such ordinances, but such amendment or repeal shall not be effective unless voted by the affirmative vote of three-fourths of the members-elect of such board. The civil service provisions of this section shall apply only to such deputies or traffic patrolmen who are regularly employed by the county or sheriff and shall not apply to honorary deputies. Notwithstanding the provisions of this subsection the county board may enact a civil service ordinance for county employes under s. 59.07 (20) 59.52 (8) which civil service ordinance may include deputy sheriffs or traffic patrolmen, or both.

(9) (a) A deputy sheriff in any county may not be suspended or dismissed under sub. (8) or s. 59.07 (20) 59.52 (8) or 63.10 without pay or benefits, for any action taken that is within the scope of the deputy's employment, until the matter that is the subject of the suspension or dismissal is disposed of by the grievance committee or civil service commission or the time for appeal of that matter passes without an appeal being made.

(b) An ordinance of any county or a collective bargaining agreement may not diminish or abridge a right of a deputy sheriff that is granted under par. (a). An ordinance of such a county or a collective bargaining agreement may supplement and expand such a right in a manner that is not inconsistent with par. (a).

(c) If the matter that is the subject of the suspension or dismissal is decided adversely to the deputy sheriff by the grievance committee or the civil service commission, the time for appeal passes without an appeal being made or the deputy's appeal to the circuit court is decided adversely to the deputy, all pay and benefits received by the deputy sheriff between the time of his or her suspension or dismissal and the latest of an adverse ruling by the committee, the commission or the court or the time for appeal passes shall be returned to the county.

201,274 Section 274 . 59.225 of the statutes is renumbered 59.54 (13) and amended to read:

59.54 (13) Arming sheriffs. The county board of any county may furnish its sheriff, undersheriff and deputy sheriffs with the necessary arms, ammunition, gas bombs and gas sticks for the carrying out of their respective duties, such arms, ammunition, gas bombs and gas sticks to remain the property of the county.

201,275 Section 275 . 59.23 (title) of the statutes is created to read:

59.23 (title) Clerk.

201,276 Section 276 . 59.23 (intro.) and (1) to (6) of the statutes are renumbered 59.27 (intro.) and (1) to (6) and amended to read:

59.27 Sheriff; duties. (intro.) The sheriff of a county shall do all of the following: