Wisconsin Legislature: 201,100

201,88 Section 88. 51.437 (4r) (a) 3. of the statutes, as affected by 1995 Wisconsin Act 64, is amended to read:

51.437 (4r) (a) 3. May administer an integrated service program for children with severe disabilities under s. 59.07 (147) 59.53 (7), if the county board of supervisors establishes an integrated service program for children with severe disabilities.

201,89 Section 89 . 51.437 (10m) (intro.) of the statutes is amended to read:

51.437 (10m) County developmental disabilities services director in certain counties with a county executive or county administrator. (intro.) In any county with a county executive or a county administrator in which the county board of supervisors has established a single-county department of developmental disabilities services, the county executive or county administrator shall appoint and supervise the county developmental disabilities services director. In any county with a population of 500,000 or more, the county executive or county administrator shall appoint the director of the county department of human services under s. 46.21 as the county developmental disabilities services director. The appointment is subject to confirmation by the county board of supervisors unless the county board of supervisors, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.07 (20) 59.52 (8) or ch. 63. The county developmental disabilities services director, subject only to the supervision of the county executive or county administrator, shall:

201,90 Section 90 . Subchapter I (title) of chapter 59 [precedes 59.001] of the statutes is created to read:

Chapter 59

Subchapter I
Definitions

201,91 Section 91 . 59.001 (2m) and (3) of the statutes are amended to read:

(2m) “Members-elect" means those members of a the governing body of a county, city, village or town, at a particular time, who have been duly elected or appointed for a current regular or unexpired term and whose service has not terminated by death, resignation or removal from office.

(3) “Municipality" includes cities, villages and towns means any city, village or town.

201,92 Section 92 . 59.001 (2r) and (3m) of the statutes are created to read:

59.001 (2r) “Municipal clerk" means the clerk of a municipality.

(3m) “Municipal treasurer" means the treasurer of a municipality.

201,93 Section 93 . Subchapter II (title) of chapter 59 [precedes 59.01] of the statutes is created to read:

Chapter 59

Subchapter II
Legal status; organization

201,94 Section 94 . 59.01 (title) of the statutes is repealed.

201,95 Section 95 . 59.01 (1) of the statutes is renumbered 59.01 and amended to read:

59.01 (title) Status Body corporate; status. Each county in this state is a body corporate, empowered authorized to sue and be sued, to acquire and hold, lease or rent real and personal estate for public uses or purposes, including lands acquired under ch. 75, to sell, lease and convey the same, including the authority to enter into leases or contracts with the state for a period of years for the uses and purposes specified in s. 23.09 (2) (d), to make such contracts and to do such other acts as are necessary and proper to the exercise of the powers and privileges granted and the performance of the legal duties charged upon it.

201,96 Section 96 . 59.02 of the statutes is amended to read:

59.02 Powers, how exercised; quorum. (1) The powers of a county as a body corporate can only be exercised by the board thereof, or in pursuance of a resolution adopted or ordinance adopted by it enacted by the board.

(2) Ordinances may be enacted and resolutions may be adopted by a majority vote of a quorum or by such larger vote as may be required by law. Ordinances shall commence as follows: “The county board of supervisors of the county of .... does ordain as follows".

(3) A majority of the supervisors who are entitled to a seat on the board shall constitute a quorum. All questions shall be determined by a majority of the supervisors who are present unless otherwise provided.

201,97 Section 97 . 59.025 of the statutes is renumbered 59.03 (1) and amended to read:

59.03 (1) Administrative home rule. Every county may exercise any organizational or administrative power, subject only to the constitution and to any enactment of the legislature which is of statewide concern and which uniformly affects every county.

201,98 Section 98 . 59.026 of the statutes is renumbered 59.04 and amended to read:

59.04 Construction of powers. For the purpose of giving to To give counties the largest measure of self-government in accordance with the spirit of under the administrative home rule authority granted to counties in s. 59.025, it is hereby declared that 59.03 (1), this chapter shall be liberally construed in favor of the rights, powers and privileges of counties to exercise any organizational or administrative power.

201,99 Section 99 . 59.03 (title) of the statutes is created to read:

59.03 (title) Home rule.

201,100 Section 100 . 59.03 of the statutes is renumbered 59.10, and 59.10 (intro.), (1), (2), (3) (a), (b) 1. and 2., (c) to (j) and (4) to (6), as renumbered, are amended to read:

59.10 Boards; composition; election; terms; compensation; compatibility. (intro.) The boards of the several counties shall be composed of representatives from within the county who are elected and compensated as provided in this section. Each county board shall act under sub. (2), (3) or (5), unless the county board adopts enacts an ordinance, by a majority vote of the entire membership, to act under sub. (1). If a county board adopts enacts such ordinance, a certified copy shall be filed with the secretary of state.

(1) Self-organized counties. (a) Number of supervisors and apportionment of supervisory districts. In each county having with a population of at least 500,000, sub. (2) (a) and (b) shall apply applies. In counties having with a population of less than 500,000 and more than one town, sub. (3) (a) to (c) shall apply applies. In counties having with one town only, sub. (5) shall apply applies.

(b) Terms. The term of office of supervisors shall be is 2 years. A county board may determine whether the terms shall be concurrent or staggered. Supervisors shall be elected at the election to be held on the first Tuesday in April next preceding the expiration of their respective terms and shall take office on the 3rd Tuesday in April following their election. If the board determines that supervisors shall serve staggered terms, the board shall, by ordinance, provide for a division of supervisors into 2 classes, one class to be elected for one-half of a full term and the other class for a full term and thereafter the supervisors shall be elected for a full term. The board shall publish the ordinance as a class 1 notice, under ch. 985, prior to before publication of the notice of the election at which supervisors are to be elected.

(d) Vacancies. A county board may determine the procedure for filling a vacancy.

(2) Milwaukee county. In each county having with a population of at least 500,000:

(a) Composition; supervisory districts. Within 60 days after the population count by block, established in the decennial federal census of population, and maps showing the location and numbering of census blocks become available in printed form from the federal government or are published for distribution by an agency of this state, but no later than July 1 following the year of each decennial census, the board shall adopt and transmit to the governing body of each city and village wholly or partially contained within the county a tentative county supervisory district plan to be considered by the cities and villages when dividing into wards. The plan shall specify the number of supervisors to be elected and shall divide the county into a number of districts equal to the number of supervisors, with each district substantially equal in population and consisting of contiguous whole wards. Except as otherwise provided in this paragraph, the board shall develop and adopt the tentative plan in accordance with sub. (3) (b) 1. The board shall adopt a final plan by enacting an ordinance in accordance with sub. (3) (b) 2. to 4.

(b) Election; term. Supervisors shall be elected for 4-year terms of 4 years at the election to be held on the first Tuesday in April next preceding the expiration of their respective terms, and shall take office on the 3rd Monday in April following their election.

(c) Compensation. Each supervisor shall be paid by the county an annual salary set by the county board. The board may provide additional compensation for the chairperson. Section 66.196 applies to this paragraph.

(3) (a) Classification; maximum number of supervisors. Counties having with a population of less than 500,000 and more than one town are classified and entitled to a maximum number of county board supervisors as follows:

1. Counties having with a population of less than 500,000 but at least 100,000 shall have no more than 47 supervisors.

2. Counties having with a population of less than 100,000 but at least 50,000 shall have no more than 39 supervisors.

3. Counties having with a population of less than 50,000 but at least 25,000 shall have no more than 31 supervisors.

4. Counties having with a population of less than 25,000 and containing more than one town shall have no more than 21 supervisors.

5. If the population of any county is within 2% of the minimum population for the next most populous grouping under this paragraph, the county board thereof, in establishing supervisory districts, may employ the maximum number for such districts set for such next most populous grouping.

(b) 1. Within 60 days after the population count by block, established in the decennial federal census of population, and maps showing the location and numbering of census blocks become available in printed form from the federal government or are published for distribution by an agency of this state, but no later than July 1 following the year of each decennial census, each board shall propose a tentative county supervisory district plan setting forth the number of supervisory districts and tentative boundaries or a description of boundary requirements, hold a public hearing on the proposed plan and adopt a tentative plan. The proposed plan may be amended after the public hearing. The board shall solicit suggestions from municipalities concerning the development of an appropriate plan. The board shall transmit to each municipal governing body in the county the tentative plan that is adopted. Each district shall consist of whole wards or municipalities. Each district shall be designated to be represented by one supervisor, and all districts shall be substantially equal in population. In the tentative plan, the board shall, whenever possible, place whole contiguous municipalities or contiguous parts of the same municipality within the same district. In the event that a If the division of a municipality is sought by the board, the board shall provide with the plan a written statement to the municipality affected by each proposed division specifying the approximate location of the territory from which a ward is sought to be created for contiguity purposes and the approximate population of the ward proposed to effectuate the division.

2. Within 60 days after every municipality in the county adjusts its wards under s. 5.15, the board shall hold a public hearing and thereafter shall then adopt a final supervisory district plan, numbering each district. Wards within each supervisory district created by the plan shall be contiguous, except that one or more wards located within a city or village which is wholly surrounded by another city or water, or both, may be combined with one or more noncontiguous wards, or one or more wards or portions thereof of wards consisting of island territory as defined in s. 5.15 (2) (f) 3. may be combined with one or more noncontiguous wards or portions thereof of wards within the same municipality, to form a supervisory district.

(c) Changes during decade. After the enactment of a plan of supervisory districts under par. (b), a municipal incorporation, annexation, detachment or consolidation may serve as a basis for altering between federal decennial censuses the boundaries of supervisory districts, in the discretion of the county board. The number of supervisory districts in the county shall not be changed by any action under this paragraph. Any plan of county supervisory districts enacted under par. (b) may be amended under this paragraph but shall remain in effect as amended until superseded by another plan enacted by the county board under par. (b) and filed with the secretary of state.

(d) Election and term of supervisors. Supervisors are county officers and, shall be elected for 2-year terms at the election to be held on the first Tuesday in April in even-numbered years and shall take office on the 3rd Tuesday in April of that year.

(e) Vacancies. In the event of If a vacancy occurs on the board, the board chairperson with the approval of the board shall appoint a person who is a qualified elector and resident of the supervisory district to fill the vacancy for the unexpired portion of the term to which the person is appointed and until his or her successor is elected and qualified.

(f) Compensation. Each supervisor shall be paid a per diem by the county for each day the supervisor that he or she attends a meeting of the board. Any board may, at its annual meeting, by a two-thirds vote of all the members, fix the compensation of the board members to be next elected. Any board may also provide additional compensation for the chairperson.

(g) Mileage. Each supervisor shall, for each day the supervisor that he or she attends a meeting of the board, receive mileage for each mile traveled in going to and returning from the meetings by the most usual traveled route at the rate established by the board pursuant to s. 59.15 under s. 59.22 as the standard mileage allowance for all county employes and officers.

(h) Limitation on compensation. Except for services as a member of a committee as provided in s. 59.06 59.13 no supervisor shall be paid for more days' attendance on the board in any year than is set out in this schedule: In in counties having a population of less than 25,000, 20 days; at least 25,000 but less than 100,000, 25 days; more than at least 100,000 but less than 500,000, 30 days.

(i) Alternative compensation. As an alternative method of compensation, in counties having a population of less than 500,000, including those counties containing only one town, the board may at its annual meeting, by a two-thirds vote of the members entitled to a seat, fix the compensation of the supervisors to be next elected at an annual salary for all services for the county including all committee services, except the per diem allowance for services in acquiring highway rights-of-way set forth in s. 84.09 (4). The board may, in like manner, allow additional salary for the members of the highway committee and for the chairperson of the board. In addition to the salary, the supervisors shall receive mileage as provided in par. (g) for each day's attendance at board meetings or for attendance at not to exceed 2 committee meetings in any one day.

(j) Supplementary compensation. The county board, in establishing an annual salary, may provide by enact an ordinance providing for a per diem for all committee meetings attended in excess of 40 committee and board meetings.

(4) Compatibility. No county officer or employe is eligible for election or appointment to the office of supervisor, but a supervisor may also be a member of a committee, board or commission appointed by the county executive or county administrator or appointed or created by the county board, a town board, a mosquito control district, the common council of his or her city, the board of trustees of his or her village or the board of trustees of a county institution appointed under s. 46.18.

(5) Counties having only one town. In all counties containing one town only, the board shall consist of the members of the town board and one supervisor from every incorporated village. A supervisor from an incorporated village shall be elected at the time the other village officers are elected. A majority of the members shall constitute a quorum of the county board. Each supervisor shall receive compensation and mileage as provided in sub. (3) (f) and (g). The chairperson of the county board elected pursuant to s. 59.05 under s. 59.12 (1) may be, but need not be, the same person who is elected chairperson of the town board under s. 60.21 (3) (a).

(6) Enforcement of division requirement. If a county fails to comply with sub. (2) (a) or (3) (b), any municipality located in whole or in part within the county or any elector of the county may submit to the circuit court for the county within 14 days from the expiration of either 60-day period under sub. (2) (a) or (3) (b) a proposed tentative or final plan for creation of supervisory districts in compliance with this section. If the court finds that the existing division of the county into supervisory districts fails to comply with this section, it shall review the plan submitted by the petitioner and after reasonable notice to the county may promulgate the plan, or any other plan in compliance with this section, as a temporary supervisory district plan until superseded by a districting plan adopted by the board in compliance with this section.

201,101 Section 101 . 59.031 of the statutes is renumbered 59.17, and 59.l7 (1), (2) (intro.), (a), (b), (bm) 1. c. and 2., (br) and (c) and (3) to (8), as renumbered, are amended to read:

59.17 (1) Election and term of office. (a) In each county having with a population of 500,000 or more, a county executive shall be elected for a 4-year term of 4 years at the election to be held on the first Tuesday in April of each year in which county supervisors are elected, and shall take office on the first Monday in May following the election. The county executive shall be elected from residents of the county at large by a majority vote of all qualified electors in the county voting in the election. In any county which attains a population of 500,000 or more, the first election under this paragraph shall be held on the first Tuesday in April in the year following the official announcement of the federal census.

(b) Counties having with a population of less than 500,000 may by resolution of the county board or by petition and referendum create the office of county executive or abolish it by petition and referendum. If the office of county executive is abolished, the person serving in the office shall complete the term to which elected. The county executive shall be elected the same as a county executive is elected under par. (a) for a term of 4 years commencing with the 1st first spring election occurring at least 120 days after the creation of the office and shall take office on the 3rd Tuesday in April of that year. Such petition and election shall follow the procedure provided in s. 9.20 (1) to (6), except that in case of conflict this subsection shall control.

(2) Duties and powers. (intro.) The county executive shall be the chief executive officer of the county. The county executive shall take care that every county ordinance and state or federal law is observed, enforced and administered within his or her county if such the ordinance or law is subject to enforcement by the county executive or any person supervised by the county executive. The duties and powers of the county executive shall be, without restriction limitation because of enumeration, to:

(a) Coordinate and direct by executive order or otherwise all administrative and management functions of the county government not otherwise vested by law in other elected officers.

(b) In any county with a population of 500,000 or more, 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 59.72 59.47 (3), the county executive shall appoint and supervise the department head. Notwithstanding any statutory provision that a board or commission supervise the administration of a department, the department head shall supervise the administration of the department and the board or commission shall perform any advisory or policy-making function authorized by statute. Any appointment by the county executive under this paragraph requires the confirmation of the county board unless the county board, by ordinance, elects to waive confirmation. Any department head appointed by a county executive under this subsection may be removed at the pleasure of the county executive.

(bm) 1. c. The director of the county department of administration under s. 59.035 (1) 59.52 (1) (a).

2. Each appointment under subd. 1. is subject to the confirmation of the county board and is in the unclassified service, serving at the pleasure of the county executive and holding office until a new appointment is made by the county executive and confirmed by the county board. No prior appointee may serve longer than 6 months after the term for which he or she was appointed and confirmed expires, unless reappointed and reconfirmed. The term of each appointment is 4 years or less.

(br) In any county with a population of less than 500,000, appoint and supervise the heads of all county departments except those elected by the people and except where the statutes provide that the appointment shall be made 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 s. 17.21, the county executive shall appoint and supervise the department head. Notwithstanding any statutory provision that a board or commission supervise the administration of a department, the department head shall supervise the administration of the department and the board or commission shall perform any advisory or policy-making function authorized by statute. An appointment by the county executive under this subsection requires the confirmation of the county board unless the county board, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.07 (20) 59.52 (8) or ch. 63. Any department head appointed by a county executive under this subsection may be removed at the pleasure of the county executive unless the department head is appointed under a civil service system competitive examination procedure established under s. 59.07 (20) 59.52 (8) or ch. 63.

(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 appointments to boards and commissions by the county executive are subject to confirmation by the county board.

(3) Administrative secretaries to county executive; staff. The county executive may appoint administrative secretaries using hiring procedures which shall be exempt from county civil service competitive examination procedures and such additional staff assistants as the county board provides.

(4) Compensation of county executive, deputy, and staff assistants. The county 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.

(5) (title) Message to the county board; submission of annual budget. The county executive shall annually, and otherwise as may be necessary, communicate to the board the condition of the county, and shall recommend such matters to the board for its consideration as he or she considers expedient. Notwithstanding any other provision of the law, he or she shall be responsible for the submission of the annual budget to the board and may exercise the power to veto any increases or decreases in the budget under sub. (6).

(6) County executive to approve or veto resolutions or ordinances; proceedings on veto. Every resolution adopted or ordinance passed enacted by the county board shall, before it becomes effective, be presented to the county executive. If the county executive approves, the county executive shall sign it; if not, the county executive shall return it with his or her objections, which objections shall be entered at large upon the journal and the board shall proceed to reconsider the matter. Appropriations may be approved in whole or in part by the county executive and the part approved shall become law, and the part objected to shall be returned in the same manner as provided for in other resolutions or ordinances. If, after such reconsideration, two-thirds of the members-elect of the county board agree to pass adopt the resolution or enact the ordinance or the part of the resolution or ordinance objected to, it shall become effective on the date prescribed but not earlier than the date of passage following reconsideration. In all such cases, the votes of the members of the county board shall be determined by ayes and nays and the names of the members voting for or against the resolution or ordinance or the part thereof objected to shall be entered on the journal. If any resolution or ordinance is not returned by the county executive to the county board at its first meeting occurring not less than 6 days, Sundays excepted, after it has been presented to the county executive, it shall become effective unless the county board has recessed or adjourned for a period in excess of 60 days, in which case it shall not be effective without the county executive's approval.

(7) Removal from office; vacancy, how filled. The county executive may be removed from office by the governor for cause under s. 17.16. A vacancy in the office of county executive shall be filled temporarily, within 30 days of the date of the vacancy, by appointment by the chairperson of the board, subject to confirmation by the board, from among electors of the county. Within 7 days following the occurrence of the vacancy, the clerk shall order a special election to be held under s. 8.50 to fill the vacancy. If the vacancy occurs after October 31 but not later than 49 days prior to before the day of the spring primary, the special election shall be held concurrently with the spring primary and election.

(8) Succession in office. (a) In the event of the inability of the county executive to serve because of mental or physical disease, the powers and duties of the office shall devolve upon the chairperson of the county board until such time as the disability shall cease.

(b) In the event that a vacancy in the office of county executive occurs, the chairperson of the county board shall immediately succeed to the office and assume the duties and responsibilities thereof until the county board has confirmed an appointment to the office pursuant to under sub. (7).

201,102 Section 102 . 59.033 of the statutes is renumbered 59.18 and amended to read:

59.18 County administrator. (1) Appointment. Counties having a population of less than 500,000 may by resolution of the county board or by petition and referendum create the office of county administrator. The county administrator shall be appointed by majority vote of the county board. Such petition and election shall follow the procedure provided in s. 9.20 (1) to (6). If any member of the county board is appointed as county administrator, his or her status as a member of the county board is thereby terminated, except that in the case of a vacancy in the office of county administrator by reason of removal, resignation or other cause, the county board may appoint any member of the county board as acting county administrator to serve for a period of 15 days while the county board is considering the selection of a county administrator.

(2) Duties and powers. The county administrator shall be the chief administrative officer of the county. The county administrator shall take care that every county ordinance and state or federal law is observed, enforced and administered within his or her county if such the ordinance or law is subject to enforcement by the county administrator or any other person supervised by the county administrator. The duties and powers of the county administrator shall be, without restriction limitation because of enumeration, to:

(a) Coordinate and direct by administrative order or otherwise all administrative and management functions of the county government not otherwise vested by law in boards or commissions, or in other elected officers.

(b) Appoint and supervise the heads of all departments of the county except those elected by the people and except where the statutes provide that the appointment shall be made by elected officers; but the county administrator shall also appoint and supervise all department heads where the law provides that the appointment shall be made by a board or commission, by the chairperson of the county board or by the county board. Notwithstanding any statutory provision that a board or commission supervise the administration of a department, the department head shall supervise the administration of the department and the board or commission shall perform any advisory or policy-making function authorized by statute. Any appointment by the county administrator under this paragraph requires the confirmation of the county board unless the county board, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.07 (20) 59.52 (8) or ch. 63. Any department head appointed by a county administrator under this paragraph may be removed at the pleasure of the county administrator unless the department head is appointed under a civil service system competitive examination procedure established under s. 59.07 (20) 59.52 (8) or ch. 63.

(c) Appoint the members of all boards and commissions where the statutes provide that such appointment shall be made by the county board or by the chairperson of the county board. All appointments to boards and commissions by the county administrator shall be subject to the confirmation of the county board.

(3) Administrative secretary to county administrator; staff. The county administrator may appoint an administrative secretary, and such additional staff assistants, as necessary.

(4) Compensation of county administrator and staff. The county board shall fix the compensation of the county administrator, the county administrator's administrative secretary and the county administrator's staff assistants.

(5) (title) Message to the county board; submission of annual budget. The county administrator shall annually, and otherwise as necessary, communicate to the county board of supervisors the condition of the county, and recommend such matters to them for their the board for its consideration as the county administrator deems considers expedient. Notwithstanding any other provision of the law, the county administrator shall be responsible for the submission of the annual budget to the county board.

(6) Qualifications for appointment. The county administrator shall be appointed solely on merit. In appointing the county administrator, the county board shall give due regard to training, experience, administrative ability and general qualifications and fitness for performing the duties of the office, and no person shall be eligible to the office of county administrator, who is not by training, experience, ability and efficiency qualified and generally fit to perform the duties of such office. No weight or consideration shall be given by the county board to residence, to nationality, or to political or religious affiliations.

(7) Removal. The county board may remove the county administrator at any time that the county administrator's conduct of the county administration becomes unsatisfactory, and engage a successor. The action of the county board in removing the county administrator shall be final.

(8) Vacancy, how filled. A vacancy in the office of the county administrator by reason of removal, resignation or other cause, shall be filled by appointment by majority vote of the county board.

201,103 Section 103 . 59.034 of the statutes is renumbered 59.19 and amended to read:

59.19 Administrative coordinator. In any county which has not created the office of county executive or county administrator, the county board shall designate, no later than January 1, 1987, an elected or appointed official to serve as administrative coordinator of the county. The administrative coordinator shall be responsible for coordinating all administrative and management functions of the county government not otherwise vested by law in boards or commissions, or in other elected officers.