Amendment SSA1-SB777

SB777-SSA1,11,2 59.17 (2) (e) 1. Except as provided in 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-SSA1,11,3 a. Compensation, including compensation plan design.

SB777-SSA1,11,5 b. Human resources matters, including hiring, training, job descriptions, classifications, pay ranges, and pay range assignments.

SB777-SSA1,11,10 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-SSA1,13 Section 13 . 59.17 (4) of the statutes is amended to read:

SB777-SSA1,11,16 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-SSA1,14 Section 14 . 59.22 (2) (a) of the statutes is amended to read:

SB777-SSA1,12,4 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-SSA1,15 Section 15 . 59.22 (2) (c) 1. (intro.) of the statutes is amended to read:

SB777-SSA1,12,8 59.22 (2) (c) 1. (intro.) Except as provided in subd. 2. and par. (d), and subject to subch. I of ch. 63, the board of any county that does not have a population of at least 750,000 may do any of the following:

SB777-SSA1,16 Section 16 . 59.22 (2) (c) 2. of the statutes is amended to read:

SB777-SSA1,12,14 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-SSA1,17 Section 17 . 59.22 (2) (cm) of the statutes is created to read:

SB777-SSA1,12,17 59.22 (2) (cm) 1. Except as provided in subd. 2. and par. (d), in any county with a population of at least 750,000, the county executive may do any of the following:

SB777-SSA1,12,21 a. With regard to any individual who is not in the classified service, provide, fix, or change the salary or compensation of any office, board, commission, committee, position, employee, or deputies to elective officers that is subject to sub. (1) without regard to the tenure of the incumbent.

SB777-SSA1,12,23 b. Establish regulations of employment for any person paid from the county treasury.

SB777-SSA1,12,24 2. In any county with a population of at least 750,000:

SB777-SSA1,13,5 a. No action 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-SSA1,13,8 b. With regard to establishing the number of deputies to elective officers, such a decision shall be the responsibility of the county board, and the board may act under this subd. 2. b. only by enacting an ordinance.

SB777-SSA1,13,11 c. With regard to pension or benefit plan design for any county employee, such a decision shall be the responsibility of the county board, and the board may act under this subd. 2. c. only by enacting an ordinance.

SB777-SSA1,18 Section 18 . 59.22 (2) (d) of the statutes is amended to read:

SB777-SSA1,13,19 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-SSA1,19 Section 19 . 59.22 (2) (e) of the statutes is amended to read:

SB777-SSA1,13,25 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-SSA1,20 Section 20. 59.22 (3) of the statutes is amended to read:

SB777-SSA1,14,16 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-SSA1,21 Section 21 . 59.22 (3a) of the statutes is amended to read:

SB777-SSA1,14,21 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-SSA1,22 Section 22 . 59.255 (2) (e) of the statutes is amended to read:

SB777-SSA1,15,2 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-SSA1,23 Section 23 . 59.38 (5) of the statutes is amended to read:

SB777-SSA1,15,12 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-SSA1,24 Section 24 . 59.42 (1) (a) of the statutes is renumbered 59.42 (1) and amended to read:

SB777-SSA1,15,21 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-SSA1,25 Section 25 . 59.42 (1) (b) and (c) of the statutes are repealed.

SB777-SSA1,26 Section 26 . 59.42 (2) (a) of the statutes is amended to read:

SB777-SSA1,16,24 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-SSA1,27 Section 27 . 59.42 (2) (b) 5. of the statutes is amended to read:

SB777-SSA1,17,4 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-SSA1,28 Section 28 . 59.42 (3) of the statutes is amended to read:

SB777-SSA1,17,13 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-SSA1,29 Section 29 . 59.44 (1) (b) of the statutes is amended to read:

SB777-SSA1,17,22 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-SSA1,30 Section 30 . 59.52 (1) (a) of the statutes is amended to read:

SB777-SSA1,18,10 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-SSA1,31 Section 31 . 59.52 (1) (b) of the statutes is amended to read:

SB777-SSA1,19,2 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-SSA1,32 Section 32 . 59.52 (3m) of the statutes is created to read:

SB777-SSA1,19,5 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-SSA1,19,6 1. The purchase of services.

SB777-SSA1,19,7 2. The purchase of supplies.

SB777-SSA1,19,8 3. The sale or purchase of real property.

SB777-SSA1,19,9 4. The lease as tenant or landlord of real property.

SB777-SSA1,19,10 5. Construction and public works.

SB777-SSA1,19,15 (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-SSA1,33 Section 33 . 59.52 (9) of the statutes is amended to read:

SB777-SSA1,20,2 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-SSA1,34 Section 34 . 59.52 (29) (a) of the statutes is amended to read:

SB777-SSA1,20,20 59.52 (29) (a) All Except as provided in par. (am), all public work, including any contract for the construction, repair, remodeling or improvement of any public work, building, or furnishing of supplies or material of any kind where the estimated cost of such work will exceed $25,000 shall be let by contract to the lowest responsible bidder. Any public work, the estimated cost of which does not exceed $25,000, shall be let as the board may direct. If the estimated cost of any public work is between $5,000 and $25,000, the board shall give a class 1 notice under ch. 985 before it contracts for the work or shall contract with a person qualified as a bidder under s. 66.0901 (2). A contract, the estimated cost of which exceeds $25,000, shall be let and entered into under s. 66.0901, except that the board may by a three-fourths vote of all the members entitled to a seat provide that any class of public work or any part thereof may be done directly by the county without submitting the same for bids. This subsection paragraph does not apply to public construction if the materials for such a project are donated or if the labor for such a project is provided by volunteers. This subsection paragraph does not apply to highway contracts which the county highway committee or the county highway commissioner is authorized by law to let or make.

SB777-SSA1,35 Section 35. 59.52 (29) (am) of the statutes is created to read:

SB777-SSA1,21,13 59.52 (29) (am) In a county with a population of at least 750,000, all public work, including any contract for the construction, repair, remodeling or improvement of any public work, building, or furnishing of supplies or material of any kind where the estimated cost of such work will exceed $50,000 shall be let by contract to the lowest responsible bidder. Any public work, the estimated cost of which does not exceed $50,000, shall be let as the county executive may direct. If the estimated cost of any public work is between $5,000 and $50,000, the county executive shall give a class 1 notice under ch. 985 before he or she contracts for the work or shall contract with a person qualified as a bidder under s. 66.0901 (2). A contract, the estimated cost of which exceeds $25,000, shall be let and entered into under s. 66.0901, except that the county executive may provide that any class of public work or any part of such work may be done directly by the county without submitting the same for bids. This paragraph does not apply to public construction if the materials for such a project are donated or if the labor for such a project is provided by volunteers. This paragraph does not apply to highway contracts that the county highway committee or the county highway commissioner is authorized by law to let or make.

SB777-SSA1,36 Section 36 . 59.52 (31) of the statutes is repealed.

SB777-SSA1,37 Section 37 . 59.53 (25) of the statutes is amended to read:

SB777-SSA1,21,19 59.53 (25) Milwaukee County mental health. The Milwaukee County board has no jurisdiction and may not take any actions, including under ss. 59.52 (6) and (31), 66.0301, and 66.0607 (2), related to mental health functions, programs, and services.

SB777-SSA1,38 Section 38 . 59.58 (1) (c) of the statutes is amended to read:

SB777-SSA1,21,25 59.58 (1) (c) Operate airport projects or lease such projects in their entirety or in part, and any project may include space designed for leasing to others if the space is incidental to the purposes of the project, except that, in a county with a population of 750,000 or more, the authority to enter into a lease under this paragraph may be exercised only by the county executive, if the county has such an office.

SB777-SSA1,39 Section 39. 59.60 (1) of the statutes is amended to read:

SB777-SSA1,22,5 59.60 (1) Application. The Except as provided in s. 59.602, the provisions of this section shall apply to all counties with a population of 500,000 750,000 or more. Except as provided in sub. (13), any Any county with a county executive or county administrator may elect to be subject to the provisions of this section.

SB777-SSA1,40 Section 40 . 59.60 (12) of the statutes is renumbered 59.60 (12) (a) and amended to read:

SB777-SSA1,22,24 59.60 (12) (a) No Subject to par. (b), no payment may be authorized or made and no obligation incurred against the county unless the county has sufficient appropriations for payment. No Subject to par. (b), no payment may be made or obligation incurred against an appropriation unless the director first certifies that a sufficient unencumbered balance is or will be available in the appropriation to make the payment or to meet the obligation when it becomes due and payable. An obligation incurred and an authorization of payment in violation of this subsection is void, except as provided in par. (b). A county officer who knowingly violates this subsection is jointly and severally liable to the county for the full amount paid. A county employee who knowingly violates this subsection may be removed for cause. This subsection does not prohibit contracting for capital improvements being financed wholly or partly by the issuance of bonds or prevent the making of a contract or lease providing for the payment of funds at a time beyond the end of the fiscal year in which the contract or lease is made. The Subject to par. (b), the board shall make or approve by resolution each contract, lease or other obligation requiring the payment of funds from the appropriations of a later fiscal year or of more than one fiscal year.

SB777-SSA1,41 Section 41 . 59.60 (12) (b) of the statutes is created to read:

SB777-SSA1,23,3 59.60 (12) (b) With regard to payments and obligations, and multi-year contracts, described under par. (a) that would otherwise be prohibited, such contracts may be validly entered into if at least one of the following applies:

SB777-SSA1,23,11 1. A contract requires funding from a future unbudgeted fiscal year and the contract contains a clause stating that the payment and performance obligation for a future fiscal year is subject to availability and appropriation of funds, and that if an appropriation is not available to fund the terms of the contract for the duration of the contract, the contract shall be null and void on the last day on which the appropriation to fund the contract is available. With regard to such a contract, board approval of a multi-year contract is not necessary for the contract to take effect if it is signed by the county executive.

SB777-SSA1,23,16 2. The board approves a budget that is signed by the county executive and contains a continuing appropriation to fully fund a multi-year contract. The board need not approve the contract more than once for the contract to remain valid throughout the period during which it is fully funded by the continuing appropriation.

SB777-SSA1,42 Section 42 . 59.60 (12) (c) of the statutes is created to read:

SB777-SSA1,23,19 59.60 (12) (c) The provisions of this subsection apply to budgets adopted under this section and s. 59.602.

SB777-SSA1,43 Section 43 . 59.602 of the statutes is created to read:

SB777-SSA1,23,23 59.602 Alternative budget process in certain counties. (1) Application. (a) Subject to par. (b), the provisions of this section may be used by any county, including a county with a population of 750,000 or more.

SB777-SSA1,23,25 (b) To use the provisions of this section, a county must take one of the following actions:

SB777-SSA1,24,5 1. If the county has a county executive or administrator, the county executive or administrator must issue a written proclamation stating that the county will use the provisions of this section. Once the proclamation is issued, it takes effect. No action by the county board is needed for the proclamation to take effect, and no county board action may stop or repeal the proclamation.

SB777-SSA1,24,7 2. In any other county, the board must adopt a resolution proclaiming that the county will use the provisions of this section.

SB777-SSA1,24,8 (2) Definitions. In this section:

SB777-SSA1,24,14 (a) “Budget director” means the officer or employee of a county, other than the county executive, county administrator, or county administrative coordinator, who is principally responsible for developing and coordinating a county's budget, except that if the county's executive, administrator, or administrative coordinator is principally responsible for developing and coordinating a county's budget, that individual is the budget director.

SB777-SSA1,24,17 (b) “Department" includes all county departments, boards, commissions, institutions, offices, and other agencies of the county government for which funds may be legally appropriated.

SB777-SSA1,24,18 (c) “Director" means the director of the county department of administration.

SB777-SSA1,24,19 (3) Fiscal year. The fiscal year in every county is the calendar year.

SB777-SSA1,24,23 (4) Accounting and budgeting procedure. Every accounting and budgeting procedure that is applied under this section shall comply with generally accepted accounting principles for government as promulgated by the governmental accounting standards board or its successor bodies or other authoritative sources.

SB777-SSA1,26,10 (5) Publication of budget and public hearing. The board shall refer the executive's or administrator's budget to the finance committee and such committee shall publish as a class 1 notice, under ch. 985, a summary of the executive's or administrator's budget and comparative figures together with a statement of the county's bonded indebtedness, and shall make available to the general public reprinted copies of the summary as published. The publication shall also state the date, hour, and place of the public hearing to be held by the board on such executive's or administrator's budget. The board shall, not less than 14 days after publication of the summary of the executive's or administrator's budget, and prior to the adoption of the property tax levy, hold a public hearing on such executive's or administrator's budget, at which time county residents may appear and express their opinions. After such public hearing, and on or before the annual meeting, the finance committee shall submit to the board its recommendations for amendments to the executive's or administrator's budget, if any, and the board shall adopt the budget with such changes as it considers proper and advisable. A request for an amendment to the budget must be submitted to the comptroller or budget director at least 7 business days before the amendment may be considered by the board or by a committee of the board, and the board or committee may not consider any amendment which is not submitted in conformity with this time frame. If the county has an elected comptroller, any amendment to the budget shall include an estimate, prepared by the comptroller, of the costs that will be incurred, and the staffing changes that will be required, to implement the amendment during the next 5 fiscal years. The board shall make the amendment and the estimate available to the public, in an electronic format, at least 24 hours before the amendment may be considered by the board or by a committee of the board. The board shall have the budget resolution prepared as it was adopted by the board, incorporating any adopted amendments, before presenting the resolution to the executive. Subject to sub. (6), the board of a county with a population of at least 750,000 may not adopt a budget in which the total amount of budgeted expenditures related to the compensation of county board members, and to any other costs that are directly related to the operation and functioning of the county board or committees of the board, including staff, is greater than 0.4 percent of the county portion of the tax levy for that year to which the budget applies. The board of a county with a population of at least 750,000 may not adopt a budget that alters any formula by which fringe benefits, interdepartmental charges for services, depreciation, or debt service are allocated in the executive's budget. When so adopted, the sums provided shall, subject to the provisions of sub. (7), constitute legal appropriations and anticipated revenues for the ensuing year.

SB777-SSA1,26,13 (6) Milwaukee County budget cap. The 0.4 percent budget limitation for a county with a population of at least 750,000 that is described in sub. (5) does not apply to any of the following elements of the county's budget: