SB777: Bill Text

SB777,11,25 59.17 (2) (b) 1. Appoint and supervise the heads of all departments except where the statutes provide that the appointment shall be made by a board or commission or by other elected officers. Notwithstanding any statutory provision that a board or commission or the county board or county board chairperson appoint a department head, except ss. 17.21 and 59.47 (3), the county executive shall appoint and supervise the department head. Except for a statutory provision which specifies that a board or commission or the county board shall supervise the administration of a department, the county executive shall administer, supervise, and direct all county departments, including any person who negotiates on behalf of the county, and the county board, other board, or commission shall perform any advisory or policy-making function authorized by statute. Any appointment by the county executive under this subdivision requires the confirmation of the county board unless the county board, by ordinance, elects to waive confirmation. Any appointee who is confirmed by the board for a particular position does not need to be reconfirmed for that position for as long as he or she continues in uninterrupted service in that position. Any appointee who is appointed as an interim department head does not need county board confirmation. Any department head appointee of a county executive who has been confirmed by a county board, or whose confirmation has been waived by the board, on or before the effective date of this subdivision .... [LRB inserts date], does not need to be reconfirmed, or confirmed, by the board as long as the appointee continues in uninterrupted service in that position. In this subdivision, uninterrupted service includes a gap in service for an allowable leave of absence, such as medical leave. An appointee of the county executive may assume his or her duties immediately, pending board action which shall take place within 60 days after the county executive submits the appointment to the board for confirmation. Any department head appointed by a county executive under this subsection may be removed at the pleasure of the county executive. The county executive shall comply with hiring policies set by the board when making appointments under this paragraph.

SB777,12 Section 12. 59.17 (2) (b) 3. (intro.) of the statutes is amended to read:

SB777,12,17 59.17 (2) (b) 3. (intro.) Exercise the authority under s. 59.52 (6) that would otherwise be exercised by a county board, except that the county board may continue to exercise the authority under s. 59.52 (6) only with regard to the sale, acquisition, or lease as landlord or tenant of land that is zoned as a park on or after July 14, 2015, other than land zoned as a park in the city of Milwaukee that is located within the area west of Lincoln Memorial Drive, south of E. Michigan Street, east of N. Van Buren Street, and north of E. Clybourn Avenue. With regard to the sale, acquisition, or lease as landlord or tenant of real property, other than certain park land as described in this subdivision, the county executive's action need not be consistent with established county board policy and may take effect without submission to or approval by the county board. The proceeds of the sale of real property as authorized under this subdivision shall first be applied to any debt attached to the property. Before the county executive's sale of county land may take effect, a majority of the following must sign a document, a copy of which will be attached to the bill of sale and a copy of which will be retained by the county, certifying that they believe the sale is in the best interests of the county:

SB777,13 Section 13. 59.17 (2) (b) 4. of the statutes is amended to read:

SB777,13,2 59.17 (2) (b) 4. Sign all contracts, conveyances, and evidences of indebtedness on behalf of the county, to the extent that no other county officer or employee is specifically required to sign such contracts, conveyances, and evidences of indebtedness, and countersign all other contracts, conveyances, and evidences of indebtedness. No contract with the county is valid unless it is signed or countersigned by the county executive and, as provided in ss. 59.255 (2) (e) and 59.42 (2) (b) 5., by the comptroller and corporation counsel, except that the requirement for signatures by the comptroller and corporation counsel applies only to contracts the value of which exceeds $250,000.

SB777,14 Section 14. 59.17 (2) (b) 6. of the statutes is amended to read:

SB777,13,10 59.17 (2) (b) 6. Hire and supervise the number of employees that the county executive reasonably believes are necessary for him or her to carry out the duties of the county executive's office, subject to board approval of the county executive department budget. For purposes of this subdivision, the board may neither reduce nor eliminate the staff authorized by the county executive for operating the office of the county executive, nor reduce or eliminate the appropriations for the staff and operations of the office of the county executive.

SB777,15 Section 15. 59.17 (2) (b) 8. of the statutes is created to read:

SB777,13,13 59.17 (2) (b) 8. Exercise the authority under s. 59.52 (3), (4), (11), (12), (14), and (23) for matters regarding property that would otherwise be exercised by the board.

SB777,16 Section 16. 59.17 (2) (bm) of the statutes is repealed.

SB777,17 Section 17. 59.17 (2) (c) of the statutes is amended to read:

SB777,13,20 59.17 (2) (c) Appoint the members of all boards and commissions where appointments are required and where the statutes provide that the appointments are made by the county board or by the chairperson of the county board. All Subject to par. (b) 1., all appointments to boards and commissions by the county executive are subject to confirmation by the county board.

SB777,18 Section 18. 59.17 (2) (d) of the statutes is created to read:

SB777,13,24 59.17 (2) (d) In any county with a population of at least 750,000, exercise sole authority over the following administrative actions, which may take effect without any review or approval of the board:

SB777,14,3 1. Procurement, including an appeals process, requests for proposals or information, negotiation, approval, amendment, execution, administration, and payment.

SB777,14,5 2. Contracting, including negotiation, requests for proposals or information, approval, amendment, execution, administration, and payment.

SB777,14,11 3. Administrative review of appeals under ch. 68, administrative review of any protest of a solicitation or award of a contract, the denial in whole or in part of a contract award, any appeal by an aggrieved party from an administrative determination by any county official regarding an initial permit, license, right, privilege, or authority, except an alcohol beverage license, for which a person applies through the county.

SB777,14,17 4. Creation of an administrative manual of operating procedures and taking actions under such a manual related to the authority and powers granted to a county executive under the statutes. If an action taken by the county board conflicts with an action taken by a county executive under this subdivision, the county executive's action shall prevail over the county board's action to the extent that the county executive's action and the county board's action conflict.

SB777,19 Section 19. 59.17 (2) (e) of the statutes is created to read:

SB777,14,22 59.17 (2) (e) 1. Notwithstanding s. 63.11 or any authority granted by law to the county board, in a county with a population of at least 750,000, exercise sole authority to determine all of the following for any county employee who is not an elected official:

SB777,14,24 a. Compensation, including compensation plan design, and fringe benefits, including retirement benefits.

SB777,14,25 b. Creation and elimination of positions.

SB777,15,3 c. Human resources matters, including hiring, training, job descriptions, classifications, pay ranges, pay range assignments, and number and type of full-time equivalent positions within each department.

SB777,15,8 2. With regard to county employment, notwithstanding any authority granted by law to the county board, in a county with a population of at least 750,000, exercise sole authority to conduct employment bargaining or negotiation or participate in arbitration. The county board may not enact an ordinance or adopt a resolution to limit the authority of the county executive under this paragraph.

SB777,20 Section 20. 59.17 (4) of the statutes is amended to read:

SB777,15,14 59.17 (4) Compensation of county executive, deputy, and staff assistants. The Subject to s. 59.22, the board shall fix the compensation of the county executive, the county executive's administrative secretary and the county executive's staff assistants, provided that the salary of the county executive shall be established at least 90 days prior to any election held to fill the office.

SB777,21 Section 21. 59.22 (1) (a) 1. of the statutes is amended to read:

SB777,16,11 59.22 (1) (a) 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). If the county executive, county administrator, or administrative coordinator elects under subd. 3. a. that compensation is to be established by a county elective officer compensation commission, the board shall establish at least 3 months before the next closing date for filing nomination papers for any elective office to be voted on in the county other than supervisors and circuit judges that the compensation to be paid to each county elective officer other than supervisors and circuit judges is identical to the recommendation under subd. 3. d. of the county elective officer compensation commission. Except as provided in subd. 2., the annual compensation may shall 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.

SB777,22 Section 22. 59.22 (1) (a) 2. of the statutes is amended to read:

SB777,16,17 59.22 (1) (a) 2. The board shall establish the annual compensation of the sheriff as straight salary by enacting an ordinance. 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.

SB777,23 Section 23. 59.22 (1) (a) 3. of the statutes is created to read:

SB777,16,23 59.22 (1) (a) 3. a. The county executive, county administrator, or administrative coordinator may, within 3 months of taking office, elect that a county elective officer compensation commission should make recommendations to the board concerning the compensation for each county elective officer other than supervisor and circuit judge who is paid in whole or part from the county treasury.

SB777,17,10 b. If the county executive, county administrator, or administrative coordinator elects under subd. 3. a. that a county elective officer compensation commission should make recommendations to the board, within 60 days of that decision the county executive, county administrator, or administrative coordinator shall appoint 2 members to the commission, and within 60 days of that decision the board shall appoint 2 members to the commission. The director of a county department having duties related to human resources and personnel shall also be a member of the commission. Notwithstanding s. 59.10 (4), a person who holds elective office in the federal government, state government, or the governing body of a political subdivision may not be a member of the commission during the person's term of office. The board shall provide the resources and information to the commission that is necessary for the commission to make its recommendations under subd. 3. d.

SB777,17,16 c. If the county has a county executive, the commission under subd. 3. b. shall terminate at the end of the county executive's term. If the county has a county administrator, the commission under subd. 3. b. shall terminate 4 years after the board appoints the county administrator. If the county has an administrative coordinator, the commission under subd. 3. b. shall terminate 4 years after the board designates the administrative coordinator.

SB777,17,23 d. At least 4 months before the next closing date for filing nomination papers for an elective office to be voted on in the county other than supervisors and circuit judges, the commission under subd. 3. b. shall by a vote of 4 members of the commission make a recommendation to the board concerning the compensation for each county elective officer other than supervisor and circuit judge who is paid in whole or part from the county treasury. Any 4 members of the commission under subd. 3. b. shall constitute a quorum.

SB777,24 Section 24. 59.22 (2) (a) of the statutes is amended to read:

SB777,18,12 59.22 (2) (a) Except as otherwise provided in this paragraph, and except for elective offices included under sub. (1), supervisors and circuit judges, and subject to s. ss. 59.602 (8) and 59.794 (3), the board of any county that does not have a county executive 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 employee in county service 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. In any county with a population of at least 750,000, the county executive has the powers set forth in this subsection, sub. (3), and s. 59.03 (1), as described in this subsection.

SB777,25 Section 25. 59.22 (2) (c) 1. (intro.) of the statutes is amended to read:

SB777,18,17 59.22 (2) (c) 1. (intro.) Except as provided in subd. 2. and par. (d), the board of any county that does not have a population of at least 750,000 may, and in any county with a population of at least 750,000, the county executive may , do any of the following:

SB777,26 Section 26. 59.22 (2) (c) 2. of the statutes is amended to read:

SB777,18,23 59.22 (2) (c) 2. No action of the board or of a county executive may be contrary to or in derogation of the rules of the department of children and families under s. 49.78 (4) to (7) relating to employees administering old-age assistance, aid to families with dependent children, aid to the blind, or aid to totally and permanently disabled persons or ss. 63.01 to 63.17.

SB777,27 Section 27. 59.22 (2) (d) of the statutes is amended to read:

SB777,19,7 59.22 (2) (d) The county executive in any county that has a population of at least 750,000, or the county board of any county that does not have a population of at least 750,000, 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 employees, setting up the hours, wages, duties and terms of employment for periods not to exceed 2 years.

SB777,28 Section 28. 59.22 (2) (e) of the statutes is amended to read:

SB777,19,13 59.22 (2) (e) The county executive in any county that has a population of at least 750,000, or the board of any county that does not have a population of at least 750,000, may provide and appropriate money for an employee awards program to encourage and to reward unusual and meritorious suggestions and accomplishments by county employees.

SB777,29 Section 29. 59.22 (3) of the statutes is amended to read:

SB777,20,4 59.22 (3) Reimbursement for expense. The county executive in any county that has a population of at least 750,000, or the board of any county that does not have a population of at least 750,000, may provide for reimbursement to any elective officer, deputy officer, appointive officer or employee 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 county executive or the board, consistent with the powers granted under this subsection, 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. Any reimbursement paid under this subsection to an officer or employee of a county with a population of 750,000 or more is subject to the budget limitation described in s. 59.60 (7e).

SB777,30 Section 30. 59.22 (3a) of the statutes is amended to read:

SB777,20,9 59.22 (3a) Commission on aging. The county executive in any county that has a population of at least 750,000, or the board of any county that does not have a population of at least 750,000, 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).

SB777,31 Section 31. 59.255 (2) (a) of the statutes is amended to read:

SB777,20,16 59.255 (2) (a) The comptroller is the chief financial officer of the county, and the administrator of the county's financial affairs. The comptroller shall administer the county's accounts payable, payroll, and accounting. The comptroller shall develop rules and procedures to administer these functions to allow for the efficient processing of payments for contracts authorized under s. 59.17 (2) (d) 2. The comptroller shall oversee all of the county's debt.

SB777,32 Section 32. 59.255 (2) (e) of the statutes is amended to read:

SB777,20,21 59.255 (2) (e) The comptroller shall countersign all contracts with the county, the value of which exceeds $250,000, if he or she determines that the county has, or will have, the necessary funds to pay the liability that the county may incur under the contract. No such contract is valid until so countersigned.

SB777,33 Section 33. 59.38 (5) of the statutes is amended to read:

SB777,21,6 59.38 (5) Medical examiner; appointment in populous counties. In a county with a population of 500,000 or more, the county executive shall appoint the medical examiner in the unclassified service, subject to confirmation by a majority of the board and the confirmation provisions under s. 59.17 (2) (b) 1. The medical examiner may be dismissed at any time by the county executive with the concurrence of a majority of the members-elect of the board, or by a majority of the members-elect of the board with the concurrence of the county executive. If the county executive vetoes an action by the board to dismiss the medical examiner, the board may override the veto by a two-thirds vote of the members-elect of the board.

SB777,34 Section 34. 59.42 (1) (a) of the statutes is renumbered 59.42 (1) and amended to read:

SB777,21,15 59.42 (1) Corporation counsel; certain counties. Except as provided under par. (b), in counties not having a population of 500,000 or more sub. (2), the board may employ a corporation counsel, and fix the salary of the corporation counsel. A corporation counsel appointed under this subsection shall have the duties described under sub. (2) (b). The corporation counsel appointed under this paragraph subsection may be terminated at any time by a majority vote of all the members of the board.

SB777,35 Section 35. 59.42 (1) (b) and (c) of the statutes are repealed.

SB777,36 Section 36. 59.42 (2) (a) of the statutes is amended to read:

SB777,22,18 59.42 (2) (a) In a county with a population of 500,000 or more county executive or county administrator there is created the office of corporation counsel, and such deputy corporation counsels, assistants, stenographers, and clerks at such salaries as are authorized by the board or county executive under s. 59.17 (2) (e). The corporation counsel and deputy and assistant corporation counsels shall be attorneys at law licensed to practice in this state. All such offices and positions shall may be in the classified civil service of the county except the corporation counsel, who is in the unclassified service. The corporation counsel shall be appointed by the county executive, with the concurrence of a majority of the board and shall not serve at the pleasure of the county executive. Any incumbent corporation counsel serving on August 1, 1990, shall retain that position and title until a new appointee is confirmed by the board. The corporation counsel may be dismissed at any time by the county executive with the concurrence of a majority of the members-elect of the board. The corporation counsel may also be dismissed at any time by a majority vote of the board. If the county executive vetoes an action by the board to dismiss the corporation counsel, the board may override the veto by a two-thirds vote of the members-elect of the board. The county executive or county administrator shall appoint the corporation counsel with the concurrence of the majority of the board, unless the board enacts an ordinance that waives the board's confirmation of the corporation counsel. The county executive or county administrator shall supervise the corporation counsel and may dismiss the corporation counsel with the concurrence of the majority of the board. The corporation counsel shall appoint deputies, assistants, and clerical and stenographic help. Deputy corporation counsels shall have, according to their rank and seniority, the powers and duties of the corporation counsel in his or her absence or disability. The corporation counsel and deputy corporation counsels shall take and file the constitutional oath of office.

SB777,37 Section 37. 59.42 (2) (b) 5. of the statutes is amended to read:

SB777,22,23 59.42 (2) (b) 5. Review, for proper form, and countersign all contracts to verify that the contracts comply with all statutes, rules, ordinances, and the county's ethics policy. This subdivision applies only in a county with a population of 750,000 or more, the value of which exceeds $250,000.

SB777,38 Section 38. 59.42 (3) of the statutes is amended to read:

SB777,23,8 59.42 (3) Corporation counsel; attorney designee. In lieu of employing a corporation counsel under sub. (1) or in addition to employing a corporation counsel under sub. (1) or (2) (a), a board shall under sub. (1) or a county executive or county administrator under sub. (2) may designate an attorney to perform the duties of a corporation counsel as the need arises. Two or more counties may jointly designate an attorney to perform the duties of a corporation counsel. If an attorney has been designated to perform the duties of a corporation counsel, that person may exercise any powers and perform any duties of the corporation counsel.

SB777,39 Section 39. 59.44 (1) (b) of the statutes is amended to read:

SB777,23,17 59.44 (1) (b) In any county with a county executive or a county administrator, if the county creates an abstract department under par. (a), the county executive or county administrator shall appoint and supervise the county abstractor. Such appointment shall be subject to confirmation by the board unless the board, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.52 (8) or ch. 63, and except that in the case of a county with a population of at least 750,000, the appointment is subject to the provisions of s. 59.17 (2) (b) 1.

SB777,40 Section 40. 59.51 (1) of the statutes is renumbered 59.51 (1) (a).

SB777,41 Section 41. 59.51 (1) (b) of the statutes is created to read:

SB777,23,24 59.51 (1) (b) Any power conferred under this chapter to a county executive or county administrator shall be broadly and liberally construed and limited only by express language. To the extent that an action of the board conflicts with the powers of the county executive or the county administrator, the action of the executive or administrator, to the extent of the conflict, shall prevail.

SB777,42 Section 42. 59.52 (1) (a) of the statutes is amended to read:

SB777,24,12 59.52 (1) (a) In counties with a population of 500,000 or more, the county may create a department of administration, provide for the appointment by the county executive of a director of such department and assign such administrative functions to the department as it considers appropriate, subject to the limitations of this paragraph. No such function shall be assigned to the department where the performance of the same by some other county office, department , or commission is required by any provision of the constitution or statutes of this state, except that administrative functions under the jurisdiction of the county civil service commission or the county auditor may be so assigned notwithstanding sub. (8) and ss. 59.47, 59.60 and 63.01 to 63.17. Such director shall be appointed by the county executive in the unclassified civil service and is subject to confirmation by the county board, as provided in s. 59.17 (2) (bm) the provisions of s. 59.17 (2) (b) 1.

SB777,43 Section 43. 59.52 (1) (b) of the statutes is amended to read:

SB777,25,4 59.52 (1) (b) Any county with a population of less than 500,000 may create a department of administration and assign any administrative function to the department as it considers appropriate, except that no administrative function may be assigned to the department if any other provision of state law requires the performance of the function by any other county office, department or commission unless the administrative function is under the jurisdiction of the county civil service commission or the county auditor, in which case, the function may be assigned to the department notwithstanding sub. (8) and ss. 59.47, 59.60 and 63.01 to 63.17. Except as provided under par. (a), in any county with a county executive or county administrator, the county executive or county administrator shall have the authority to appoint and supervise the head of a department of administration; and except as provided under par. (a), the appointment is subject to confirmation by the county board unless the appointment is made under a civil service system competitive examination procedure established under sub. (8) or ch. 63, and except that in the case of a county with a population of at least 750,000, the appointment is subject to the provisions of s. 59.17 (2) (b) 1.

SB777,44 Section 44. 59.52 (3m) of the statutes is created to read:

SB777,25,7 59.52 (3m) Public contracts. (a) In this subsection, “contract” means any agreement to which the county is a party that relates to at least one of these areas:

SB777,25,8 1. The purchase of services.

SB777,25,9 2. The purchase of supplies.

SB777,25,10 3. The sale or purchase of real property.

SB777,25,11 4. The lease as tenant or landlord of real property.

SB777,25,12 5. Construction and public works.

SB777,25,17 (b) In any county with an elective comptroller, the comptroller shall post, monthly, on a county Internet site a list of all contracts in excess of $5,000. The county executive shall timely provide copies of all contracts to the comptroller. The site shall be readily accessible by any member of the pubic. The site may be part of the county's website.

SB777,45 Section 45. 59.52 (9) of the statutes is amended to read:

SB777,26,4 59.52 (9) Purchasing agent. The board county executive may appoint a person or committee as county purchasing agent, and provide compensation for their services, except that if the county does not have a county executive, the board may perform this function. Any county officer or supervisor may be the agent or a committee member. The purchasing agent shall provide all supplies and equipment procurement and contracting as provided under sub. (3m) and s. 59.17 (2) (d) for the various county offices and the board chairperson shall promptly sign orders in payment therefor. The board county executive may require that all purchases procurement and contracting be made in the manner determined by it he or she determines, except that if the county does not have a county executive, the board may perform this function.

SB777,46 Section 46. 59.52 (19) of the statutes is amended to read:

SB777,26,8 59.52 (19) Donations, gifts and grants. The board county executive may accept donations, gifts or grants for any public governmental purpose within the powers of the county.

SB777,47 Section 47. 59.52 (21) of the statutes is amended to read:

SB777,26,14 59.52 (21) County commissions. Except in counties having a population of 500,000 or more, the board county executive may fix and pay the compensation of members of the county park commission and the county planning and zoning commission for attendance at meetings at a rate not to exceed the compensation permitted supervisors.

SB777,48 Section 48. 59.52 (24) of the statutes is amended to read:

SB777,26,24 59.52 (24) Parking areas. The board may enact ordinances establishing county executive in any county with a population of at least 750,000 may establish by directive areas for parking of vehicles on lands owned or leased by the county; for regulating or prohibiting parking of vehicles on such areas or parts of such areas, including, but not limited to, provision for parking in such areas or parts thereof for only certain purposes or by only certain personnel; for forfeitures for violations thereof, but not to exceed $50 for each offense; and for the enforcement of such ordinances directives. In all other counties, the board may perform these functions by enacting ordinances.