Indorsement on Warrant
Received by me ...., 19.., at .... o'clock .... M.
.... Sheriff (or peace officer).
Return of Officer
STATE OF WISCONSIN
.... Court
.... County.
I hereby certify that by virtue of the within warrant I searched the named premises and found the following things (describe findings).
Dated this .... day of ...., 19...
.... Sheriff (or peace officer).
66.123 History
History: 1983 a. 36.
66.124
66.124
Order authority. 66.124(1)(1) An employe or agent of a local health department designated by the department of health and family services under
s. 254.69 (2) or the department of agriculture, trade and consumer protection under
s. 97.41 may enter, at reasonable hours, any premises for which the local health department issues a permit under
s. 97.41 or
254.69 (2) to inspect the premises, secure samples or specimens, examine and copy relevant documents and records or obtain photographic or other evidence needed to enforce
subch. VII of ch. 254,
ch. 97 or
s. 254.47, relating to those premises. If samples of food are taken, the local health department shall pay or offer to pay the market value of those samples. The local health department, department of health and family services or department of agriculture, trade and consumer protection shall examine the samples and specimens secured and shall conduct other inspections and examinations needed to determine whether there is a violation of
subch. VII of ch. 254,
ch. 97 or
s. 254.47, rules adopted by the departments under those statutes, ordinances adopted by the village, city or county or regulations adopted by the local board of health under
s. 97.41 (7) or
254.69.
66.124(2)(a)(a) Whenever, as a result of an examination, a village, city or county has reasonable cause to believe that any examined food constitutes, or that any construction, sanitary condition, operation or method of operation of the premises or equipment used on the premises creates an immediate danger to health, the administrator of the village, city or county agency responsible for the village's, city's or county's agent functions under
s. 97.41 or
254.69 (2) may issue a temporary order and cause it to be delivered to the permittee, or to the owner or custodian of the food, or to both. The order may prohibit the sale or movement of the food for any purpose, prohibit the continued operation or method of operation of specific equipment, require the premises to cease any other operation or method of operation which creates the immediate danger to health, or set forth any combination of these requirements. The administrator may order the cessation of all operations authorized by the permit only if a more limited order does not remove the immediate danger to health. Except as provided in
par. (c), no temporary order is effective for longer than 14 days from the time of its delivery, but a temporary order may be reissued for one additional 14-day period, if necessary to complete the analysis or examination of samples, specimens or other evidence.
66.124(2)(b)
(b) No food described in a temporary order issued and delivered under
par. (a) may be sold or moved and no operation or method of operation prohibited by the temporary order may be resumed without the approval of the village, city or county, until the order has terminated or the time period specified in
par. (a) has run out, whichever occurs first. If the village, city or county, upon completed analysis and examination, determines that the food, construction, sanitary condition, operation or method of operation of the premises or equipment does not constitute an immediate danger to health, the permittee, owner or custodian of the food or premises shall be promptly notified in writing and the temporary order shall terminate upon his or her receipt of the written notice.
66.124(2)(c)
(c) If the analysis or examination shows that the food, construction, sanitary condition, operation or method of operation of the premises or equipment constitutes an immediate danger to health, the permittee, owner or custodian shall be notified within the effective period of the temporary order issued under
par. (a). Upon receipt of the notice, the temporary order remains in effect until a final decision is issued under
sub. (3), and no food described in the temporary order may be sold or moved and no operation or method of operation prohibited by the order may be resumed without the approval of the village, city or county.
66.124(3)
(3) A notice issued under
sub. (2) (c) shall be accompanied by notice of a hearing as provided in
s. 68.11 (1). The village, city or county shall hold a hearing no later than 15 days after the service of the notice, unless both parties agree to a later date. Notwithstanding
s. 68.12, a final decision shall be issued under
s. 68.12 within 10 days of the hearing. The decision may order the destruction of food, the diversion of food to uses which do not pose a danger to health, the modification of food so that it does not create a danger to health, changes to or replacement of equipment or construction, other changes in or cessations of any operation or method of operation of the equipment or premises, or any combination of these actions necessary to remove the danger to health. The decision may order the cessation of all operations authorized by the permit only if a more limited order will not remove the immediate danger to health.
66.124(4)
(4) A proceeding under this section, or the issuance of a permit for the premises after notification of procedures under this section, does not constitute a waiver by the village, city or county of its authority to rely on a violation of
ch. 97,
s. 254.47 or
subch. VII of ch. 254 or any rule adopted under those statutes as the basis for any subsequent suspension or revocation of the permit or any other enforcement action arising out of the violation.
66.124(5)(a)(a) Except as provided in
par. (b), any person who violates this section or an order issued under this section may be fined not more than $10,000 plus the retail value of any food moved, sold or disposed of in violation of this section or the order, or imprisoned not more than one year in the county jail, or both.
66.124(5)(b)
(b) Any person who does either of the following may be fined not more than $5,000 or imprisoned not more than one year in a county jail, or both:
66.124(5)(b)1.
1. Assaults, restrains, threatens, intimidates, impedes, interferes with or otherwise obstructs a village, city or county inspector, employe or agent in the performance of his or her duties under this section.
66.124(5)(b)2.
2. Gives false information to a village, city or county inspector, employe or agent engaged in the performance of his or her duties under this section, with the intent to mislead the inspector, employe or agent.
66.125
66.125
Orders; action; proof of demand. No action shall be brought upon any city, village, town or school district order until the expiration of 30 days after a demand for the payment of the same shall have been made. If an action is brought and the defendant fails to appear and defend the action, judgment shall not be entered without affirmative proof of the demand. If judgment is entered without proof of the demand, the judgment shall be void.
66.125 History
History: 1993 a. 246;
1995 a. 225.
66.13
66.13
Limitation of action attacking contracts. Whenever the proper officers of any city, village or town enter into any contract in manner and form as prescribed by statute, and either party to the contract has procured or furnished materials or expended money under the terms of the contract, no action or proceedings may be maintained to test the validity of the contract unless the action or proceeding is commenced within the time limited by
s. 893.75.
66.13 History
History: 1979 c. 323;
1993 a. 246.
66.14
66.14
Official bonds, premium. Any city, however incorporated, may pay the cost of any official bond furnished by an officer thereof, pursuant to law or any rules or regulations requiring the same, if said officer shall furnish a bond with a surety company or companies authorized to do business in this state, said cost not to exceed the current rate of premium per year on the amount of said bond or obligation by said surety executed. The cost of any such bond in such city shall be charged to the fund appropriated and set up in the budget for the department, board, commission or other body, the officer of which is required to furnish a bond.
66.14 History
History: 1979 c. 110 s.
60 (13).
66.144
66.144
Residency required for public officials in 1st class cities. Any public official, as defined in
s. 66.146 (1) (b), may not serve more than 180 days after his or her confirmation unless he or she resides within the boundaries of the 1st class city by which he or she is employed.
66.144 History
History: 1987 a. 289.
66.145
66.145
Requirements for surety bonds of officers and employes in cities of the first class. When any office or position in the service of any city of the first class involves fiduciary responsibility or the handling of money, the appointing officer may require the appointee to furnish a bond or other security to such officer and the said city for the faithful performance of the appointee's duty, the amount to be fixed by the appointing officer, with the approval of the mayor, and notice of the mayor's approval shall be given to the city clerk by the mayor. Each bond shall be approved by the city attorney as to the form and execution thereof, and by the common council as to the sufficiency of the sureties therein; provided, however, that any surety company, the bonds of which are accepted by the judge of any court of record in this state, or which is approved by the comptroller of the said city, shall be sufficient security on any such bond, and that the premium on such bond, within the limits fixed by law, shall be paid out of the city treasury. The appointing officer shall immediately after the execution of such bond file the same with the city clerk, and it shall be the duty of the city clerk to require compliance with the terms of this section requiring the filing of bonds with the city clerk by officers and employes, and all such bonds of city officers and employes, duly witnessed and acknowledged, after being approved by the common council, shall be delivered to the city comptroller, who shall have them recorded in the office of the register of deeds and, after such recording by the city comptroller in the office of the register of deeds, the said bonds shall be returned to the city clerk, who shall keep them on file in the city clerk's office; except that after the recording of the bond of the city clerk by the city comptroller, said bond shall remain on file in the office of the city comptroller. Each bond filed by any surety company shall be accompanied by a duplicate of said bond, which duplicate shall be filed by the clerk with the city comptroller.
66.145 History
History: 1991 a. 316.
66.146
66.146
Mayoral appointments in 1st class cities. 66.146(1)(a)
(a) "Public office" means the following positions or their equivalent: city engineer; city purchasing agent; commissioner of building inspection, of city development, of health or of public works; director of administration, of budget and management, of community development agency, of employe relations, of office of telecommunications, or of safety; emergency management coordinator; employe benefits administrator; executive director of the commission on community relations; municipal port director; commissioner of assessments; director of liaison; city personnel director; executive director of the retirement board; executive director of the city board of election commissioners; city librarian; city labor negotiator; executive secretary of the board of fire and police commissioners; and supervisor of the central electronics board.
66.146(1)(b)
(b) "Public official" means a person appointed to a public office under this section.
66.146(2)
(2) In any 1st class city, the mayor shall appoint, subject to confirmation of the common council, a person to serve in the unclassified service in each public office. A public official serves at the pleasure of the mayor until the end of the mayoral term of office during which the public official is appointed unless reappointed and reconfirmed or until a successor is appointed and confirmed, whichever is later. The mayor shall make appointments under this subsection within 90 days after taking office or within 90 days after a vacancy in the public office occurs, whichever is later. The common council shall vote on confirmation of any appointment under this subsection within 45 days after that appointment.
66.146(3)
(3) If a 1st class city authorizes the position of deputy for a public office, the public official in that office shall appoint a person to serve in the unclassified service as deputy. That deputy shall serve at the pleasure of the public official, but not longer than the public official's term of office unless reappointed.
66.146(4)
(4) This section does not affect the authority of a 1st class city to abolish, consolidate or create a public office or other position.
66.18
66.18
Liability and worker's compensation insurance. The state, or any municipality as defined in
s. 345.05 (1) (c), is empowered to procure risk management services and liability insurance covering the state or municipality and its officers, agents and employes and worker's compensation insurance covering officers and employes of the state or municipality. A municipality may participate in and pay the cost of risk management services and liability and worker's compensation insurance through a municipal insurance mutual organized under
s. 611.23.
66.18 Annotation
This section authorizes the purchase of liability insurance for state officers, agents and employes for errors or omissions in carrying out responsibility of their governmental positions. 58 Atty. Gen. 150.
66.182
66.182
Health insurance for unemployed persons. Any city, village, town or county may purchase health or dental insurance for unemployed persons residing in the city, village, town or county who are not eligible for medical assistance under
s. 49.46,
49.468 or
49.47.
66.182 History
History: 1995 a. 27 s.
2749; Stats. 1995 s. 66.182.
66.184
66.184
Self-insured health plans. If a city, including a 1st class city, or a village provides health care benefits under its home rule power, or if a town provides health care benefits, to its officers and employes on a self-insured basis, the self-insured plan shall comply with
ss. 49.493 (3) (d),
631.89,
631.90,
631.93 (2),
632.745 (2),
(3) and
(5) (a) 2. and
(b) 2.,
632.747 (3),
632.87 (4) and
(5),
632.895 (9) and
(10),
632.896,
767.25 (4m) (d) and
767.51 (3m) (d).
Effective date note
NOTE: This section is shown as amended eff. 5-1-97 by
1995 Wis. Act 289. Prior to 5-1-97 it reads:
Effective date text
66.184 Self-insured health plans. If a city, including a 1st class city, or a village provides health care benefits under its home rule power, or if a town provides health care benefits, to its officers and employes on a self-insured basis, the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.87 (4) and (5), 632.895 (9) and (10), 632.896, 767.25 (4m) (d) and 767.51 (3m) (d).
66.185
66.185
Hospital, accident and life insurance. Nothing in the statutes shall be construed to limit the authority of the state or municipalities, as defined in
s. 345.05, to provide for the payment of premiums for hospital, surgical and other health and accident insurance and life insurance for employes and officers and their spouses and dependent children, and such authority is hereby granted. A municipality may also provide for the payment of premiums for hospital and surgical care for its retired employes. In addition, a municipality may, by ordinance or resolution, elect to offer to all of its employes a health care coverage plan through a program offered by the group insurance board under
ch. 40. Municipalities which elect to participate under
s. 40.51 (7) shall be subject to the applicable sections of
ch. 40 instead of this section.
66.185 History
History: 1985 a. 29.
66.186
66.186
Health insurance; first class cities. The common council of any 1st class city may, by ordinance or resolution, provide for general hospital, surgical and group insurance for both active and retired city officers and city employes and their respective dependents and for payment of premiums therefor in private companies, or may, by ordinance or resolution, elect to offer to all of its employes a health care coverage plan through a program offered by the group insurance board under
ch. 40. Municipalities which elect to participate under
s. 40.51 (7) shall be subject to the applicable sections of
ch. 40 instead of this section. Contracts for such insurance may be entered into for active officers and employes separately from such contracts for retired officers and employes. Appropriations may be made for the purpose of financing such insurance. Moneys accruing to such fund, by investment or otherwise, shall not be diverted for any other purpose than those for which such fund was set up or to defray management expenses of such fund or to partially pay premiums so as to reduce costs to the city or to persons covered by such insurance, or both.
66.186 History
History: 1985 a. 29.
66.187
66.187
Police authority to alderpersons in 1st class cities repealed. No common council in a 1st class city by ordinance may give alderpersons the powers of city police officers.
66.187 History
History: 1983 a. 210;
1993 a. 184.
66.189
66.189
Uninsured motorist coverage; 1st class cities. A 1st class city shall provide uninsured motorist motor vehicle liability insurance coverage for motor vehicles owned by the city and operated by city employes in the course of employment. The coverage required by this section shall have at least the limits prescribed for uninsured motorist coverage under
s. 632.32 (4) (a).
66.189 History
History: 1983 a. 537; Stats. 1983 s. 66.187;
1983 a. 538 s.
97; Stats. 1983 s. 66.189.
66.189 Annotation
Section requires city to provide uninsured motorist coverage for its vehicles regardless of whether it is able to obtain coverage from insurance carrier. American Family Ins. Co. v. Milwaukee, 148 W (2d) 280, 435 NW (2d) 280 (Ct. App. 1988).
66.189 Annotation
This section puts the city in the position of an insurer subject to the subrogation rights of its officer's personal insurers. Millers National Ins. Co. v. Milwaukee, 184 W (2d) 155, 516 NW (2d) 516 (Ct. App. 1994).
66.189 Annotation
This section requires the city to be the primary provider of uninsured motorist coverage. Norman v. City of Milwaukee, 198 W (2d) 98, 542 NW (2d) 473 (Ct. App. 1995).
66.19
66.19
Civil service system; veterans' preference. 66.19(1)(1) Any city or village may proceed under
s. 61.34 (1),
62.11 (5) or
66.01 to establish a civil service system of selection, tenure and status, and the system may be made applicable to all municipal personnel except the chief executive and members of the governing body, members of boards and commissions including election officials, employes subject to
s. 62.13, members of the judiciary and supervisors. Any town may establish a civil service system under this subsection. For veterans there shall be no restrictions as to age, and veterans and their spouses shall be given preference points in accordance with
s. 230.16 (7). The system may also include uniform provisions in respect to attendance, leave regulations, compensation and payrolls for all personnel included thereunder. The governing body of any city, village or town establishing a civil service system under this section may exempt from the system the librarians and assistants subject to
s. 43.09 (1).
66.19(2)(a)(a) Any town may establish a civil service system under
sub. (1) and in such departments as the town board may determine. Any person who has been employed in any such department for more than 5 years prior to the establishment of such civil service is eligible to appointment without examination.
66.19(2)(b)
(b) Any town not having a civil service system and having exercised the option of placing assessors under civil service under
s. 60.307 (3) may establish a civil service system for assessors under
sub. (1), unless such town has come within the jurisdiction of a county assessor under
s. 70.99.
66.19(3)
(3) When any town has established a system of civil service, the ordinance establishing the system may not be repealed for a period of 6 years after its enactment, and thereafter it may be repealed only by proceedings under
s. 9.20 by referendum vote. This subsection shall not apply where a town comes, before the expiration of the 6 years, within the jurisdiction of a county assessor under
s. 70.99.
66.19(4)
(4) Any civil service system established under the provisions of this section shall provide for the appointment of a civil service board or commission and for the removal of the members of such board or commission for cause by the mayor with approval of the council, and in cities organized under the provisions of
ss. 64.01 to
64.15 by the city manager and the council, and by the board in villages and towns.
66.19(5)
(5) All examinations given in a civil service system established under this section, including minimum training and experience requirements, for positions in the classified service shall be job-related in compliance with appropriate validation standards and shall be subject to the approval of the board or commission appointed under
sub. (4). All relevant experience, whether paid or unpaid, shall satisfy experience requirements.
66.192
66.192
Combination of municipal offices. 66.192(1)
(1) The office of county supervisor may be consolidated by charter ordinance under
s. 66.01:
66.192(1)(a)
(a) With the office of village president in any village which has boundaries coterminous with the boundaries of any supervisory district established under
s. 59.10 (3).
66.192(1)(b)
(b) With the office of alderperson or council member in any city in which the district from which such alderperson or council member is elected is coterminous with the boundaries of any supervisory district established under
s. 59.10 (3).
66.192(2)
(2) After the effective date of adoption or repeal of a charter ordinance under this section, the clerk of the municipality shall file a copy of the ordinance with the clerk of the county within which the supervisory district lies. When so consolidated, nomination papers shall contain that number of signatures required under
s. 8.10 for county supervisors and shall be filed in the office of the county clerk.
66.192(3)
(3) Removal from office of any incumbent of such consolidated office shall vacate said office in its entirety whether effected under
ss. 17.09,
17.12 and
17.13 or other pertinent statute.
66.192(4)
(4) Compensation for such consolidated office shall be separately established by the several governing bodies affected thereby as though no consolidation of offices had occurred.
66.192(5)
(5) Tenure for such combination officer shall coincide with the term for county supervisors.
66.196
66.196
Compensation of governing bodies. An elected official of any county, city, town or village, who by virtue of the office held by that official is entitled to participate in the establishment of the salary attending that office, shall not during the term of such office collect salary in excess of the salary provided at the time of that official's taking office. This provision is of statewide concern and applies only to officials elected after October 22, 1961.
66.196 History
History: 1991 a. 316;
1993 a. 213.
66.197
66.197
County salary adjustments. The governing body of any county may, during the term of office of any elected official whose salary is paid in whole or in part by such county, increase the salary of such elected official in such amount as the governing body determines. The power granted by this section shall take effect notwithstanding any other provision of law to the contrary, except that the exercise of such power shall be governed by
s. 65.90 (5). The power granted by this section shall not extend to elected officials who by virtue of their office are entitled to participate in the establishment of the compensation attending their office.
66.197 Cross-reference
Cross-reference: See also s.
59.22 as to salary adjustments.
66.197 Annotation
Salaries of elected county officials may be increased during their terms, but any increase put into effect after earliest time for filing nomination papers does not carry forward to new term unless county board again votes increase during new term. 69 Atty. Gen. 1.
66.197 Annotation
Discretionary authority to grant increases to elected county officials based upon performance or length of service may not be delegated to a committee of the county board because the board itself lacks the authority to establish such a compensation scheme.
80 Atty. Gen. 258.
66.199
66.199
Automatic salary schedules. Whenever the governing body of any city, village or town by ordinance adopts a salary schedule for some or all employes and officers of the city, village or town, other than members of the city council or village or town board, the salary schedule may include an automatic adjustment for some or all of the personnel in conformity with fluctuations upwards and downwards in the cost of living, notwithstanding
ss. 60.32,
61.32,
62.09 (6) and
62.13 (7).
