Effective date text
(1) Separate constitutional offices. The governor, lieutenant governor, secretary of state and state treasurer each head a staff to be termed the "office" of the respective constitutional officer.
15.02(2)
(2) Principal administrative units. The principal administrative unit of the executive branch is a "department" or an "independent agency". Each such unit shall bear a title beginning with the words "State of Wisconsin" and continuing with "department of...." or with the name of the independent agency. A department may be headed by a constitutional officer, a secretary, a commission or a board. An independent agency may be headed by a commission, a commissioner or a board.
15.02(3)(a)(a) The secretary of each department may, subject to
sub. (4), establish the internal structure within the office of secretary so as to best suit the purposes of his or her department. No secretary may authorize the designation of "assistant secretary" as the official position title of any employe of his or her department.
15.02(3)(b)
(b) For field operations, departments may establish district or area offices which may cut across divisional lines of responsibility.
15.02(3)(c)
(c) For their internal structure, all departments shall adhere to the following standard terms, and independent agencies are encouraged to review their internal structure and to adhere as much as possible to the following standard terms:
15.02(3)(c)1.
1. The principal subunit of the department is the "division". Each division shall be headed by an "administrator". The office of justice assistance in the department of administration and the office of credit unions in the department of financial institutions have the meaning of "division" and the executive staff director of the office of justice assistance in the department of administration and the director of credit unions have the meaning of "administrator" under this subdivision.
15.02(3)(c)2.
2. The principal subunit of the division is the "bureau". Each bureau shall be headed by a "director". The office of health care information in the office of the commissioner of insurance, the office of the long-term care ombudsman under the board on aging and long-term care and the office of educational accountability in the department of education have the meaning of "bureau" under this subdivision.
15.02(3)(c)2m.
2m. Notwithstanding
subds. 1. and
2., the principal subunit of the department of tourism is the "bureau", which shall be headed by a "director".
15.02(3)(c)3.
3. If further subdivision is necessary, bureaus may be divided into subunits which shall be known as "sections" and which shall be headed by "chiefs" and sections may be divided into subunits which shall be known as "units" and which shall be headed by "supervisors".
15.02(4)
(4) Internal organization and allocation of functions. The head of each department or independent agency shall, subject to the approval of the governor, establish the internal organization of the department or independent agency and allocate and reallocate duties and functions not assigned by law to an officer or any subunit of the department or independent agency to promote economic and efficient administration and operation of the department or independent agency. The head may delegate and redelegate to any officer or employe of the department or independent agency any function vested by law in the head. The governor may delegate the authority to approve selected organizational changes to the head of any department or independent agency.
15.02 Annotation
Limits of internal departmental reorganization discussed. 61 Atty. Gen. 306.
15.03
15.03
Attachment for limited purposes. Any division, office, commission, council or board attached under this section to a department or independent agency or a specified division thereof shall be a distinct unit of that department, independent agency or specified division. Any division, office, commission, council or board so attached shall exercise its powers, duties and functions prescribed by law, including rule making, licensing and regulation, and operational planning within the area of program responsibility of the division, office, commission, council or board, independently of the head of the department or independent agency, but budgeting, program coordination and related management functions shall be performed under the direction and supervision of the head of the department or independent agency, except that with respect to the office of the commissioner of railroads, all personnel and biennial budget requests by the office of the commissioner of railroads shall be processed and properly forwarded by the public service commission without change except as requested and concurred in by the office of the commissioner of railroads.
15.04
15.04
Heads of departments and independent agencies; powers and duties. 15.04(1)
(1)
Duties. Each head of a department or independent agency shall:
15.04(1)(a)
(a)
Supervision. Except as provided in
s. 15.03, plan, direct, coordinate and execute the functions vested in the department or independent agency.
15.04(1)(b)
(b)
Budget. Biennially compile a comprehensive program budget which reflects all fiscal matters related to the operation of the department or independent agency and each program, subprogram and activity therein.
15.04(1)(c)
(c)
Advisory bodies. In addition to any councils specifically created by law, create and appoint such councils or committees as the operation of the department or independent agency requires. Members of councils and committees created under this general authority shall serve without compensation, but may be reimbursed for their actual and necessary expenses incurred in the performance of their duties and, if such reimbursement is made, such reimbursement in the case of an officer or employe of this state who represents an agency as a member of such a council or committee shall be paid by the agency which pays the officer's or employe's salary.
15.04(1)(d)
(d)
Biennial report. On or before October 15 of each odd-numbered year, submit to the governor and the chief clerk of each house of the legislature, for distribution to the legislature under
s. 13.172 (2), a report on the performance and operations of the department or independent agency during the preceding biennium, and projecting the goals and objectives of the department or independent agency as developed for the program budget report. The secretary of administration may prescribe the format of the report and may require such other information deemed appropriate. Each department or independent agency shall provide a copy of its biennial report to legislators upon request. Any department or independent agency may issue such additional reports on its findings and recommendations as its operations require. A department or independent agency may, on or before October 15, submit an annual report prepared by it, in place of the biennial report required under this paragraph, if the submission of the annual reports is approved by the secretary of administration.
15.04(1)(e)
(e)
Seal. Have authority to adopt a seal for the department or independent agency.
15.04(1)(f)
(f)
Bonds. Have authority to require that any officer or employe of the department or independent agency give an official bond under
ch. 19, if the secretary of administration agrees that the position held by such officer or employe requires bonding.
15.04(1)(g)
(g)
Discrimination review. In order to determine whether there is any arbitrary discrimination on the basis of race, religion, national origin, sex, marital status or sexual orientation as defined in
s. 111.32 (13m), examine and assess the statutes under which the head has powers or regulatory responsibilities, the procedures by which those statutes are administered and the rules promulgated under those statutes. If the department or agency head finds any such discrimination, he or she shall take remedial action, including making recommendations to the appropriate executive, legislative or administrative authority.
15.04(1)(h)
(h) Report of records management. Annually, no later than September 1, file with the public records board a report which shall include such information relative to records and forms management as may be specified by the board.
15.04(1)(i)
(i)
Records and forms management program. Establish and maintain a records and forms management program.
15.04(1)(j)
(j) Records and forms officer. Appoint a records and forms officer, who shall be responsible for compliance by the department or independent agency with all records and forms management laws and rules and who may prevent any form from being put into use.
15.04(1)(k)
(k)
Form numbering and filing system. Establish a numbering and filing system for forms.
15.04(1)(m)
(m)
Notice on forms. See that each form used by the department or independent agency to seek information from municipalities, counties or the public contains on the first page of the form, or in the instructions for completing the form, a conspicuous notice of the authorization for the form, whether or not completing the form is voluntary, if it is not voluntary, the penalty for failure to respond and whether or not any personally identifiable information, as defined under
s. 19.62 (5), requested in the form is likely to be used for purposes other than for which it is originally being collected. This paragraph does not apply to state tax forms.
15.04(2)
(2) Deputy. Each secretary of a department or head of an independent agency under
s. 230.08 (2) (L) may appoint a deputy who shall serve at the pleasure of the secretary or agency head outside the classified service. The deputy shall exercise the powers, duties and functions of the secretary or head in the absence of the secretary or head, and shall perform such other duties as the secretary or head prescribes. The adjutant general may appoint 2 deputies as provided in
s. 21.18 (1). In this subsection "secretary" includes the attorney general and the state superintendent of public instruction.
15.04(3)
(3) Deputy approvals. Positions for which appointment is made under
sub. (2) may be authorized only under
s. 16.505.
15.05(1)(a)(a) If a department is under the direction and supervision of a secretary, the secretary shall be nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor.
15.05(1)(b)
(b) Except as provided in
pars. (c) and
(d), if a department is under the direction and supervision of a board, the board shall appoint a secretary to serve at the pleasure of the board outside the classified service. In such departments, the powers and duties of the board shall be regulatory, advisory and policy-making, and not administrative. All of the administrative powers and duties of the department are vested in the secretary, to be administered by him or her under the direction of the board. The secretary, with the approval of the board, shall promulgate rules for administering the department and performing the duties assigned to the department.
15.05(1)(c)
(c) The secretary of natural resources shall be nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor.
15.05(1)(d)
(d) The secretary of agriculture, trade and consumer protection shall be nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor.
15.05(3)
(3) Executive assistant. Each secretary may appoint an executive assistant to serve at his or her pleasure outside the classified service. The executive assistant shall perform duties as the secretary prescribes. In this subsection, "secretary" includes the attorney general, the adjutant general, the director of the technical college system and the state superintendent of public instruction.
15.05(3m)
(3m) Field district or field area directors. Each secretary may appoint a director under the classified service for each district or area office established in his or her department under
s. 15.02 (3) (b).
15.05(4)
(4) Official oath. Each secretary shall take and file the official oath prior to assuming office.
15.05(5)
(5) Executive assistant approvals. Positions for which appointment is made under
sub. (3) may be authorized only under
s. 16.505.
15.05 Annotation
See note to 17.07, citing Moses v. Board of Veterans Affairs, 80 W (2d) 411, 259 NW (2d) 102.
15.06
15.06
Commissions and commissioners. 15.06(1)(a)(a) Except as otherwise provided in this subsection and
s. 15.37, the members of commissions shall be nominated by the governor, and with the advice and consent of the senate appointed, for staggered 6-year terms expiring on March 1 of the odd-numbered years.
15.06(1)(ag)
(ag) Members of the Wisconsin waterways commission shall be nominated by the governor, and with the advice and consent of the senate appointed, for staggered 5-year terms.
15.06(1)(ar)
(ar) The commissioner of railroads shall be nominated by the governor, and with the advice and consent of the senate appointed, for a 6-year term expiring on March 1 of an odd-numbered year.
15.06(1)(b)
(b) The commissioner of insurance shall be nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor. The governor may remove from office the commissioner of insurance who was appointed for a fixed term before August 1, 1987.
15.06(1)(d)
(d) The members of the personnel commission shall be nominated by the governor, and with the advice and consent of the senate appointed, for 5-year terms, subject to the following conditions:
15.06(1)(d)1.
1. At least one member shall be licensed to practice law in this state.
15.06(1)(d)2.
2. They shall possess some professional experience in the field of personnel or labor relations.
15.06(1)(d)3.
3. No member may hold any other position in state employment.
15.06(1)(d)4.
4. No member, when appointed or for 3 years immediately prior to the date of appointment, may have been an officer of a committee in any political party, partisan political club or partisan political organization or have held or been a candidate for any partisan elective public office. No member may become a candidate for or hold any such office.
15.06(1)(d)5.
5. At no time may more than 2 members be adherents of the same political party.
15.06(1)(d)6.
6. Each member of the commission shall be a U.S. citizen and shall have been a resident of this state for at least 3 years.
15.06(1)(e)
(e) Members of the Fox river management commission shall be nominated by the governor, and with the advice and consent of the senate appointed, for 3-year terms.
15.06(2)
(2) Selection of officers. Each commission may annually elect officers other than a chairperson from among its members as its work requires. Any officer may be reappointed or reelected. At the time of making new nominations to commissions, the governor shall designate a member or nominee of each commission to serve as the commission's chairperson for a 2-year term expiring on March 1 of the odd-numbered year except that:
15.06(2)(a)
(a) Commencing March 1, 1979, and thereafter, the labor and industry review commission shall elect one of its members to serve as the commission's chairperson for a 2-year term expiring on March 1 of the odd-numbered year.
15.06(2)(c)
(c) The state superintendent of public instruction shall serve as the chairperson of the education commission.
Effective date note
Note: Par. (c) is shown as created eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA.
15.06(3)(a)(a) A commissioner may not hold any other office or position of profit or pursue any other business or vocation, but shall devote his or her entire time to the duties of his or her office. This paragraph does not apply to:
15.06(3)(a)3.
3. The members of the Wisconsin waterways commission.
15.06(3)(a)4.
4. The members of the Fox river management commission.
15.06(3)(a)6.
6. The members of the education commission who are not the chairperson. The members of the education commission shall be reimbursed for expenses under
s. 15.07 (5).
15.06(3)(b)
(b) The commissioner of insurance shall not engage in any other occupation, business or activity that is in any way inconsistent with the performance of the duties of the commissioner of insurance, nor shall the commissioner hold any other public office.
15.06(4)
(4) Chairperson; administrative duties. The administrative duties of each commission, other than the education commission, shall be vested in its chairperson, to be administered by the chairperson under the statutes and rules of the commission and subject to the policies established by the commission.
15.06(4m)
(4m) Executive assistant. Each commission chairperson under
s. 230.08 (2) (m) may appoint an executive assistant to serve at his or her pleasure outside the classified service. The executive assistant shall perform duties as the chairperson prescribes.
15.06(5)
(5) Frequency of meetings; place. Every commission shall meet on the call of the chairperson or a majority of its members, except that the education commission shall meet on the call of the chairperson or a majority of its voting members. Every commission shall maintain its offices in Madison, but may meet or hold hearings at such other locations as will best serve the citizens of this state.
15.06(6)
(6) Quorum. A majority of the membership of a commission constitutes a quorum to do business, except that a majority of the voting members of the education commission constitutes a quorum to do business and except that vacancies shall not prevent a commission from doing business. This subsection does not apply to the parole commission.
15.06(7)
(7) Reports. Every commission attached to a department shall submit to the head of the department, upon request of that person not more often than annually, a report on the operation of the commission.
15.06(8)
(8) Official oath. Every commissioner shall take and file the official oath prior to assuming office.
15.06(9)
(9) Executive assistant approvals. Positions for which appointment is made under
sub. (4m) may be authorized only under
s. 16.505.
15.06 History
History: 1971 c. 193,
307;
1977 c. 29,
196,
274;
1981 c. 347;
1983 a. 27,
371,
410,
538;
1985 a. 29;
1987 a. 27,
403;
1989 a. 31;
1991 a. 39,
269,
316;
1993 a. 16,
123;
1995 a. 27.
15.06 Annotation
Single member of personnel commission is empowered to act as commission where 2 of 3 commission positions are vacant. 68 Atty. Gen. 323.
15.06 Annotation
Commissioner designated chairperson of commission under (2) is not appointed to new position. Art. IV, s. 26, thus precludes salary increase based on such designation.
76 Atty. Gen. 52.
15.06 Annotation
Sub. (3) (a) prohibits commissioner from pursuing business interests which would prevent properly fulfilling duties of office.
77 Atty. Gen. 36.
15.07(1)(a)(a) If a department or independent agency is under the direction and supervision of a board, the members of the board, other than the members serving on the board because of holding another office or position, shall be nominated by the governor, and with the advice and consent of the senate appointed, to serve for terms prescribed by law, except:
15.07(1)(a)2.
2. Members of the elections board shall be appointed as provided in
s. 15.61.
15.07(1)(a)3.
3. Members of the employe trust funds board appointed or elected under
s. 15.16 (1) (a),
(b) and
(d) shall be appointed or elected as provided in that section.
15.07(1)(a)4.
4. Members of the investment board appointed under
s. 15.76 (3) shall be appointed as provided in that section.
15.07(1)(a)5.
5. The members of the educational communications board appointed under
s. 15.57 (5) and
(7) shall be appointed as provided in that section.
15.07(1)(a)6.
6. Members of the University of Wisconsin Hospitals and Clinics Board appointed under
s. 15.96 (8) shall be appointed by the governor without senate confirmation.
15.07(1)(b)
(b) For each board not covered under
par. (a), the governor shall appoint the members of the board, other than the members serving on the board because of holding another office or position and except as otherwise provided, for terms prescribed by law except that all members of the following boards, or all members of the following boards specified in this paragraph, other than the members serving on a board because of holding another office or position, shall be nominated by the governor, and with the advice and consent of the senate appointed, for terms provided by law:
