LRB-0192/5
EVM&TJD:kjf
2017 - 2018 LEGISLATURE
November 10, 2017 - Introduced by Representatives R. Brooks, Ballweg,
Rohrkaste, Kremer, Tusler, Born, E. Brooks, Horlacher, Nygren, Knodl,
Felzkowski, Steffen, Macco, Jarchow and Spiros, cosponsored by Senators
Olsen, Stroebel, Darling and Marklein. Referred to Committee on Local
Government.
AB636,1,7 1An Act to repeal 17.10 (6) (b), 51.42 (4) (a) 2. a. and 51.42 (4) (a) 2. b.; to
2renumber and amend
17.10 (6) (a), 17.10 (7) and 51.42 (4) (a) 2. (intro.); to
3amend
17.10 (1), 17.10 (2), 17.10 (3), 17.15 (1), 27.02 (2), 46.22 (1m) (c) 1., 46.22
4(1m) (c) 2., 46.23 (4) (b) 2., 46.23 (4) (c) 1., 46.23 (5) (i), 46.82 (4) (a) 2., 46.82 (4)
5(c), 51.42 (4) (a) 1. a., 51.437 (7) (a) 1., 51.437 (7) (a) 2., 59.25 (2) (a), 59.255 (2)
6(b) and 119.9001 (2) (c); and to create 17.10 (7) (b) of the statutes; relating to:
7removal of certain county officers.
Analysis by the Legislative Reference Bureau
Under current law, certain county officers may be removed from office by their
appointing authority only for cause. This bill allows an appointing authority to
remove these officers from office at pleasure.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB636,1 8Section 1. 17.10 (1) of the statutes is amended to read:
AB636,2,2
117.10 (1) Appointed by governor. County officers appointed by the governor
2may be removed at pleasure by the governor for cause.
AB636,2 3Section 2. 17.10 (2) of the statutes is amended to read:
AB636,2,84 17.10 (2) Appointed by county board. County officers appointed by the county
5board may be removed at pleasure by the county board for cause. All removals may
6be made by an affirmative vote of two-thirds of the supervisors entitled to seats on
7the county board. Removal of personnel supported by federal funds shall comply
8with federal law applicable to those personnel.
AB636,3 9Section 3. 17.10 (3) of the statutes is amended to read:
AB636,2,1610 17.10 (3) Appointed by chairperson of county board. County officers
11appointed by the chairperson of the county board may be removed at pleasure by the
12chairperson for cause, except members of the county civil service commission who
13may be removed at pleasure by the county board for cause under sub. (2). A county
14commissioner of elections so removed may appeal to the county board within 10 days
15after removal; the county board shall conduct a hearing in the manner determined
16by it and shall determine the question of removal.
AB636,4 17Section 4. 17.10 (6) (a) of the statutes is renumbered 17.10 (6) and amended
18to read:
AB636,2,2219 17.10 (6) Except as provided under par. (b), all All other appointive county
20officers may be removed at pleasure by the officer or body that appointed them.
21Removals by a body, other than the county board, consisting of 3 or more members
22may be made by an affirmative vote of two-thirds of all the members thereof.
AB636,5 23Section 5. 17.10 (6) (b) of the statutes is repealed.
AB636,6 24Section 6. 17.10 (7) of the statutes is renumbered 17.10 (7) (a) and amended
25to read:
AB636,3,3
117.10 (7) (a) County Notwithstanding subs. (1) to (6), county officers appointed
2according to merit and fitness under and subject to a civil service law, or whose
3removal is governed by such a law, shall be removed only as therein provided.
AB636,7 4Section 7. 17.10 (7) (b) of the statutes is created to read:
AB636,3,75 17.10 (7) (b) Notwithstanding subs. (1) to (6), a county may by ordinance
6provide that any county officer may be removed only for inefficiency, neglect of duty,
7official misconduct, or malfeasance in office.
AB636,8 8Section 8. 17.15 (1) of the statutes is amended to read:
AB636,3,139 17.15 (1) Joint county institutions. Any member of the governing body of any
10joint county school, hospital, sanatorium, asylum or other joint county institution,
11appointed by the county board of any county, may be removed at pleasure by said
12county board, for cause; and any other officer of any such institution may be removed
13at pleasure by the officer or body that appointed the officer, for cause.
AB636,9 14Section 9. 27.02 (2) of the statutes is amended to read:
AB636,3,2315 27.02 (2) In any county with a county executive or county administrator except
16a county with a population of less than 150,000 which has not by resolution provided
17for a county park commission subject to ss. 27.02 to 27.06 or except any county
18exercising power under s. 27.075, the county park commission shall consist of 7
19members appointed by the county executive or county administrator, subject to
20confirmation by the county board. The term of office for such members shall be as
21provided by sub. (1). A member of the commission appointed under this subsection
22may be removed at pleasure by the county executive or county administrator for
23cause
.
AB636,10 24Section 10. 46.22 (1m) (c) 1. of the statutes is amended to read:
AB636,4,3
146.22 (1m) (c) 1. A member of the county social services board appointed under
2par. (b) 2. may be removed at pleasure by the county executive or county
3administrator for cause.
AB636,11 4Section 11. 46.22 (1m) (c) 2. of the statutes is amended to read:
AB636,4,125 46.22 (1m) (c) 2. The term of office of any member of the county social services
6board appointed under par. (b) 3. shall be 3 years, but of the members first appointed,
7at least one-third shall be appointed for one year; at least one-third for 2 years; and
8the remainder for 3 years. Vacancies shall be filled for the residue of the unexpired
9term in the manner that original appointments are made. Any county social services
10board member may be removed from office for cause by a two-thirds vote of the
11appointing authority, on due notice in writing and hearing of the charges against the
12member
.
AB636,12 13Section 12. 46.23 (4) (b) 2. of the statutes is amended to read:
AB636,4,2314 46.23 (4) (b) 2. In any county with a county executive or county administrator
15and which has established a single-county department of human services, the
16county executive or county administrator shall appoint, subject to confirmation by
17the county board of supervisors, the county human services board, which shall be
18only a policy-making body determining the broad outlines and principles governing
19the administration of programs under this section. A member of a county human
20services board appointed under this subdivision may be removed by the county
21executive or county administrator for cause or, on due notice in writing, if the
22member when appointed was a member of the county board of supervisors and was
23not reelected to that office
.
AB636,13 24Section 13. 46.23 (4) (c) 1. of the statutes is amended to read:
AB636,5,3
146.23 (4) (c) 1. For cause, by By a two-thirds vote of each county board of
2supervisors participating in the appointment, on due notice in writing and hearing
3of the charges against the member
.
AB636,14 4Section 14. 46.23 (5) (i) of the statutes is amended to read:
AB636,5,105 46.23 (5) (i) May recommend the removal of the county human services director
6for cause to each county board of supervisors which participated in the appointment
7of the county human services board, and each such county board of supervisors may
8remove the county human services director for cause by a two-thirds vote of each
9such county, on due notice in writing and hearing of the charges against the county
10human services director
.
AB636,15 11Section 15. 46.82 (4) (a) 2. of the statutes is amended to read:
AB636,5,1712 46.82 (4) (a) 2. In any county that has a county executive or county
13administrator and that has established a single-county aging unit, the county
14executive or county administrator shall appoint, subject to confirmation by the
15county board of supervisors, the commission on aging. A member of a commission
16on aging appointed under this subdivision may be removed at pleasure by the county
17executive or county administrator for cause.
AB636,16 18Section 16. 46.82 (4) (c) of the statutes is amended to read:
AB636,6,419 46.82 (4) (c) Terms. Members of a county or tribal commission on aging shall
20serve for terms of 3 years, so arranged that, as nearly as practicable, the terms of
21one-third of the members shall expire each year, and no member may serve more
22than 2 consecutive 3-year terms. Vacancies shall be filled in the same manner as the
23original appointments. A county or tribal commission on aging member appointed
24under par. (a) 1. may be removed from office for cause by a two-thirds vote of each
25county board of supervisors or tribal governing body participating in the

1appointment, on due notice in writing and hearing of the charges against the
2member. A county commission on aging member appointed under par. (a) 1. may be
3removed from office by a two-thirds vote of each county board of supervisors
4participating in the appointment, on due notice in writing.
AB636,17 5Section 17. 51.42 (4) (a) 1. a. of the statutes is amended to read:
AB636,6,86 51.42 (4) (a) 1. a. For cause, by By a two-thirds vote of each county board of
7supervisors participating in the appointment, on due notice in writing and hearing
8of the charges against the member
.
AB636,18 9Section 18. 51.42 (4) (a) 2. (intro.) of the statutes is renumbered 51.42 (4) (a)
102. and amended to read:
AB636,6,2011 51.42 (4) (a) 2. In any county with a county executive or county administrator
12and which has established a single-county department of community programs, the
13county executive or county administrator shall appoint, subject to confirmation by
14the Milwaukee County mental health board in Milwaukee County or the county
15board of supervisors, the county community programs board, which shall be only a
16policy-making body determining the broad outlines and principles governing the
17administration of programs under this section. A member of a county community
18programs board appointed under this subdivision may be removed by the county
19executive or county administrator under the following circumstances: on due notice
20in writing.
AB636,19 21Section 19. 51.42 (4) (a) 2. a. of the statutes is repealed.
AB636,20 22Section 20. 51.42 (4) (a) 2. b. of the statutes is repealed.
AB636,21 23Section 21. 51.437 (7) (a) 1. of the statutes is amended to read:
AB636,7,924 51.437 (7) (a) 1. Except as provided under subd. 2., the county board of
25supervisors in a county with a single-county department of developmental

1disabilities services or the county boards of supervisors in counties with a
2multicounty department of developmental disabilities services shall, before
3qualification under this section, appoint a county developmental disabilities services
4board. A county developmental disabilities services board appointed under this
5subdivision shall govern the single-county or multicounty department of
6developmental disabilities services. A member of a county developmental
7disabilities services board appointed under this subdivision may be removed from
8office for cause by a two-thirds vote of the appointing authority, on due notice in
9writing and hearing of the charges against the member.
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