SB777: Bill Text

5. After a biennial budget takes effect, if revenues received or expenses incurred by the political subdivision are different from the amounts anticipated, the county executive or municipality's chief executive may increase or decrease appropriation amounts as he or she determines is appropriate to account for the changed revenue or expense amounts that affect the political subdivision.

6. Outside of the budget process, a political subdivision's chief executive, a county administrator, or, in a county without a county executive or administrator, the finance committee may propose to the political subdivision's governing body an increase or decrease in any appropriation or revenue amount subject to the same budget amendment procedures described in item #3., above. A two-thirds majority vote of the governing body is required to approve such a proposal, which may not be amended, except that if such a proposal is made and voted on between October 1 and November 15 of an even-numbered year, it may be approved by a simple majority and may be amended on a limited basis.

This bill also provides certain restrictions on the county board's and municipality's governing body's actions related to the budget, including the following:

1. The budget must include all of the following items, and may include no others: a) the county or municipal tax levy; b) anticipated revenue amounts from all sources; and c) appropriations for all departments, and for any other obligations of the county or municipality.

2. The county board of a county with a county executive and a municipality's governing body may not issue municipal obligations in an amount that is higher than the amount initially proposed by the county or chief executive in his or her proposed budget for that biennium. During a biennium, however, a county executive or municipal chief executive may propose, outside of the budget process, the issuance of additional county or municipal obligations. The county board or municipal governing body may approve such a proposal, but may not increase the amount proposed.

3. A political subdivision's authority to transfer unencumbered appropriation balances is subject to certain limitations.

4. With regard to a populous county, and subject to some exceptions, the county board 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, including staff, is greater than 0.4 percent of the county portion of the tax levy for that year to which the budget applies. Some of the exceptions to this 0.4 percent cap include health care and pension benefits for retired county employees and officers, and salaries and benefits for any board member whose term begins before April 2018.

Accounting procedures

This bill also requires populous counties to utilize fund accounting and authorizes any county to create proprietary funds, fiduciary funds, and other appropriate funds allowed by government accounting practice, provided that the county describes the sources of revenues that may be deposited into each fund and the types of expenditures that may be made from each fund. In counties without a county executive, such funds may be created by the county board. In counties with a county executive, such funds may be created only by executive order of the county executive. Counties that create proprietary, fiduciary, or other funds must develop policies and procedures that apply to each such fund, including setting a working cash flow target for each fund, publishing annual estimates of working cash flow balances, and descriptions of possible uses of balances in a fund that accumulate above the cash flow target.

Compensation, certain elective officials

This bill also makes the following changes to the method for establishing the compensation of county supervisors and county elective officers other than circuit judges:

1. Requires that a county board of supervisors may change the compensation of county supervisors only by enacting an ordinance for that purpose at least three months before, but not more than six months before, the next due date for filing nomination papers for the office of supervisor.

2. Provides that the county executive, county administrator, or administrative coordinator of each county may elect to appoint a commission, composed of five people who are not holding a federal, state, or local elective office, that must make recommendations to the county board concerning the compensation for each county elective officer other than supervisor and circuit judge. The bill requires the county board to enact an ordinance establishing that the compensation for county elective officers other than circuit judges and supervisors is identical to the compensation commission's recommendations.

For further information see the local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB777,1 Section 1. 46.21 (1m) (a) of the statutes is amended to read:

SB777,7,12 46.21 (1m) (a) The county executive shall appoint under ss. 63.01 to 63.17 a director of the county department of human services. The appointment shall be made on the basis of recognized and demonstrated public interest in and knowledge of the problems of human services, and with due regard to training, experience, executive and administrative ability and efficiency, and general qualifications and fitness for performing the duties of the office. The director shall file an official oath and bond in the amount determined by the county board of supervisors. The county board of supervisors may create a position of deputy director of the county department of human services. The director shall be appointed by the county executive in the unclassified civil service and is subject to confirmation by the county board of supervisors under s. 59.17 (2) (bm).

SB777,2 Section 2. 46.21 (1m) (am) of the statutes is amended to read:

SB777,8,12 46.21 (1m) (am) The county executive shall appoint under ss. 63.01 to 63.17 an administrator of the county hospital. The appointment shall be made on the basis of recognized and demonstrated public interest in and knowledge of the problems of delivery of medical care and treatment, and with due regard to training, experience, executive and administrative ability and efficiency, and general qualifications and fitness for performing the duties of the office. The administrator shall file an official oath and bond in the amount determined by the county board of supervisors. The county board of supervisors may create positions to assist the administrator. The administrator shall be appointed by the county executive in the unclassified civil service and the appointment is subject to confirmation by the county board of supervisors under s. 59.17 (2) (bm).

SB777,3 Section 3. 48.09 (5) of the statutes is amended to read:

SB777,8,20 48.09 (5) By the district attorney or, if designated by the county board of supervisors or the county executive, by the corporation counsel, in any matter arising under s. 48.13, 48.133 or 48.977. If the county board or county executive transfers this authority to or from the district attorney on or after May 11, 1990, the board or executive may do so only if the action is effective on September 1 of an odd-numbered year and the board or executive notifies the department of administration of that change by January 1 of that odd-numbered year.

SB777,4 Section 4. 59.06 (2) of the statutes is amended to read:

SB777,9,3 59.06 (2) Effect of transfer. All deeds, contracts, and agreements made on behalf of the county under the directions of the board under s. 59.52 (6), or by a county executive acting under s. 59.17 (2) (b) 3., when signed and acknowledged by the clerk and the county seal is attached, are valid and binding on the county to the extent of the terms of the instrument and the right, title, and interest which the county has in the property, except that in the case of the sale or purchase of real property, the instrument must also be signed by the clerk to be valid and binding on the county.

SB777,5 Section 5. 59.10 (1) (a) of the statutes is amended to read:

SB777,9,8 59.10 (1) (a) Number of supervisors and apportionment of supervisory districts. In each county with a population of at least 500,000, sub. (2) (a) and, (b), and (c) 5. applies. In counties with a population of less than 500,000 and more than one town, sub. (3) (a) to (c) and (k) applies. In counties with one town only, sub. (5) applies.

SB777,6 Section 6. 59.10 (2) (c) 5. of the statutes is created to read:

SB777,9,13 59.10 (2) (c) 5. The board may not change the salary specified in subd. 1., or as otherwise adjusted under this paragraph, unless the board enacts an ordinance for that purpose at least 3 months before, but not more than 6 months before, the next closing date for filing nomination papers for the office of supervisor.

SB777,7 Section 7. 59.10 (3) (f) of the statutes is amended to read:

SB777,9,19 59.10 (3) (f) Compensation. Each supervisor shall be paid a per diem by the county for each day that he or she attends a meeting of the board. Any board may, at its annual a 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.

SB777,8 Section 8. 59.10 (3) (i) of the statutes is amended to read:

SB777,9,25 59.10 (3) (i) Alternative compensation. As an alternative method of compensation, in counties having a population of less than 500,000, including counties containing only one town, the board may, at its annual a 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.

SB777,9 Section 9. 59.10 (3) (k) of the statutes is created to read:

SB777,10,11 59.10 (3) (k) Changing compensation. The board may not change the compensation of supervisors unless the board enacts an ordinance for that purpose at least 3 months before, but not more than 6 months before, the next closing date for filing nomination papers for the office of supervisor.

SB777,10 Section 10. 59.10 (5) of the statutes is amended to read:

SB777,10,20 59.10 (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 village. A supervisor from a 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 Subject to sub. (3) (k), each supervisor shall receive compensation and mileage as provided in sub. (3) (f) and (g). The chairperson of the board elected 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).

SB777,11 Section 11. 59.17 (2) (b) 1. of the statutes is amended to read:

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.