59.22 Annotation
A county board may not deny a salary to an elected official during a period of sickness. A board does not have power to establish sick leave and vacation benefits for elected county officials. 65 Atty. Gen. 62.
59.22 Annotation
The authority to establish salaries for the staff employed by a county's 51.42/51.437 board lies with the board, subject to the general budgetary control of the county board. 65 Atty. Gen. 105.
59.22 Annotation
Salaries of elected county officials may be increased during their terms, but any increase put into effect after the earliest time for filing nomination papers does not carry forward to the new term unless the county board again votes the increase during the new term. 69 Atty. Gen. 1.
59.22 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.
59.23(1)(1)
Deputies; salaries; vacancies. 59.23(1)(a)(a) Every clerk shall appoint in writing one or more deputies and file the appointment in the clerk's office. The deputy or deputies shall aid in the performance of the duties of the clerk under the clerk's direction, and in case of the absence or disability of the clerk or of a vacancy in the clerk's office, unless another is appointed therefor as provided in
par. (c), shall perform all of the duties of the clerk during the absence or until the vacancy is filled. The board may, at any meeting, provide a salary for the deputy or deputies.
59.23(1)(b)
(b) In each county having a population exceeding 150,000 according to the last state or national census, the clerk may also appoint the number of assistants that the board authorizes and prescribes, and the assistants shall receive salaries that the board provides and fixes.
59.23(1)(c)
(c) If a clerk is incapable of discharging the duties of office the board may appoint an acting clerk, who shall serve until the disability is removed. If the board is not in session at the time of the incapacity, the chairperson of the board may appoint an acting clerk, whose term shall not extend beyond the next regular or special meeting of the board. A person appointed as acting clerk or appointed to fill a vacancy in the office of clerk, upon giving an official bond with sureties as required of a clerk, shall perform all of the duties of the office; and thereupon the powers and duties of the deputy of the last clerk shall cease.
59.23(2)(a)
(a) Board proceedings. Act as clerk of the board at all of the meetings thereof; keep and record in a book therefor true minutes of all the proceedings of the board; make regular entries of the board's resolutions and decisions upon all questions; record the vote of each supervisor on any question submitted to the board, if required by any member present; and perform all duties prescribed by law or required by the board in connection with its meetings and transactions.
59.23(2)(b)
(b) Recording of proceedings. Record at length in a book therefor every resolution adopted, order passed and ordinance enacted by the board.
59.23(2)(c)
(c) Orders for payment. Sign all orders for the payment of money directed by the board to be issued, and keep in a book therefor a true and correct account thereof, and of the name of the person to whom each order is issued; but he or she shall not sign or issue any county order except upon a recorded vote or resolution of the board authorizing the same; and shall not sign or issue any such order for the payment of the services of any clerk of court, district attorney or sheriff until the person claiming the order files an affidavit stating that he or she has paid into the county treasury all moneys due the county and personally collected or received in an official capacity; and shall not sign or issue any order for the payment of money for any purpose in excess of the funds appropriated for such purpose unless first authorized by a resolution adopted by the county board under
s. 65.90 (5).
59.23(2)(d)
(d) Accounts. File and preserve in the clerk's office all accounts acted upon by the board, and endorse its action thereon, designating specifically upon every account the amount allowed, if any, and the particular items or charges for which allowed, and such as were disallowed, if any.
59.23(2)(e)
(e) Reports of receipts and disbursements. Record in a book therefor the reports of the treasurer of the receipts and disbursements of the county.
59.23(2)(f)
(f) Recording receipts and disbursements. Keep a true and accurate account in a book therefor of all money which comes into the clerk's hands by virtue of the clerk's office, specifying the date of every receipt or payment, the person from or to whom the receipt or payment was received or paid, and the purpose of each particular receipt or disbursement, and keep the book at all times open to the inspection of the county board or any member of the board.
59.23(2)(g)
(g) Payments to treasurer. Keep in the manner prescribed in
par. (f) a separate account of all moneys paid the treasurer by the clerk.
59.23(2)(h)
(h) Books of account. Keep all of the accounts of the county and all books of account as the board directs. Books of account shall be maintained on a calendar year basis, which shall be the fiscal year in every county.
59.23(2)(j)
(j)
School taxes, records to department of public instruction. Transmit to the department of public instruction on the last Monday in December in each year certified copies of all resolutions adopted and proceedings of the board passed or had during the preceding year relating to the raising of any money for school purposes, and report the amount to be raised in each town in the county.
59.23(2)(k)
(k) Villages, towns; change of name. Immediately transmit to the secretary of state, after the name of any town or village is changed or a new town is organized or the boundaries of any town are altered by the board, a certified copy of the ordinance enacted therefor, indicating such change or changes.
59.23(2)(L)
(L) Duplicate receipts. Make out and deliver to the treasurer duplicate receipts of all money received by the clerk as clerk, and countersign and file in the clerk's office the duplicate receipts delivered to the clerk by the treasurer of money received by the treasurer.
59.23(2)(m)
(m) Certified copies; oaths and bonds; signatures. 59.23(2)(m)1.1. Make and deliver to any person, for a fee that is set by the board under
s. 19.35 (3), a certified copy or transcript of any book, record, account, file or paper in his or her office or any certificate which by law is declared to be evidence.
59.23(2)(m)2.
2. Except as otherwise provided, receive and file the official oaths and bonds of all county officers and upon request shall certify under the clerk's signature and seal the official capacity and authority of any county officer so filing and charge therefor the statutory fee. Upon the commencement of each term every clerk shall file the clerk's signature and the impression of the clerk's official seal in the office of the secretary of state.
59.23(2)(n)
(n) Taxes; election duties. Perform all duties that are imposed on the clerk in relation to the assessment and collection of taxes, and to the preparation and distribution of ballots and the canvass and return of votes at general, judicial and special elections.
59.23(2)(o)
(o) Report, receipts and disbursements to board. Make a full report to the board, at the annual meeting or at any other regular meeting of the board when so stipulated by the board, in writing, verified by the clerk's oath, of all money received and disbursed by the clerk, and separately of all fees received by the clerk; and settle with the board the clerk's official accounts and produce to the board all books, accounts and vouchers relating to the same.
59.23(2)(p)
(p) Proceedings to historical society. Forward to the historical society, postpaid, within 30 days after their publication a copy of the proceedings of the board, and of all printed reports made under authority of such board or by the authority of other county officers.
59.23(2)(q)
(q) County highway commissioner; notify of election. Except in counties having a population of 150,000 or more, notify a county commissioner of highways of the commissioner's election within 10 days thereafter.
59.23(2)(r)
(r) County tax for road and bridge fund. Except in counties having a population of 150,000 or more, notify the proper town officers of the levy and rate of any tax for the county road and bridge fund.
59.23(2)(s)
(s) List of municipal officers. Annually, on the first Tuesday of June, transmit to the secretary of state a typewritten or printed list showing the name and post-office address of the chairperson, mayor, president, clerk, treasurer and assessor of each municipality within the county. Such lists shall be placed on file for the information of the public.
59.23(2)(t)
(t) General. Perform all other duties required of the clerk by law.
59.23 Annotation
Under s. 59.17 (8) [now s. 59.23 (2) (h)], the clerk keeps only those accounts designated by the board. Harbick v. Marinette County,
138 Wis. 2d 172,
405 N.W.2d 724 (Ct. App. 1987).
59.23 Annotation
Statutory powers of the county clerk with respect to budgeting and record keeping cannot be transferred by the county board to a new position of finance officer. 63 Atty. Gen. 196.
59.23 Annotation
A county board can only grant powers of indirect supervision to a finance director with respect to the accounting or bookkeeping duties of a county clerk. 65 Atty. Gen. 132.
59.24
59.24
Clerks of counties containing state institutions to make claims in certain cases. The clerk of any county which is entitled to reimbursement under
s. 16.51 (7) shall make a certified claim against the state, without direction from the board, in all cases where the reimbursement is directed in
s. 16.51 (7), upon forms prescribed by the department of administration. The forms shall contain information required by the clerk and shall be filed annually with the department of corrections on or before June 1. If the claims are approved by the department of corrections, they shall be certified to the department of administration and paid from the appropriation made by
s. 20.410 (1) (c), if the claim is for reimbursement of expenses involving a prisoner in a state prison named in
s. 302.01, or from the appropriation under
s. 20.410 (3) (c), if the claim is for reimbursement of expenses involving a juvenile in a secured correctional facility, as defined in
s. 938.02 (15m).
59.24 History
History: 1989 a. 31,
359;
1995 a. 27,
77;
1995 a. 201 s.
265; Stats. 1995 s. 59.24;
1997 a. 35.
59.25(1)(1)
Eligibility. No person holding the office of sheriff, undersheriff, circuit judge, district attorney, clerk of the circuit court, clerk or member of the board shall be eligible to the office of treasurer or deputy treasurer.
59.25(2)
(2) Deputies; oath; salary; temporary vacancy. 59.25(2)(a)(a) The treasurer shall appoint one deputy to aid the treasurer, under the treasurer's direction, in the discharge of the duties of the office of treasurer. A deputy appointed under this paragraph may be removed only for just cause. The appointment shall be in writing and shall be filed and recorded in the treasurer's office. Such deputy, in the absence of the treasurer from the treasurer's office or in case of a vacancy in said office or any disability of the treasurer to perform the duties of the office of treasurer, unless another is appointed therefor as provided in
par. (b), shall perform all of the duties of the office of treasurer until such vacancy is filled or such disability is removed. The person so appointed shall take and file the official oath. The person shall file his or her appointment with the clerk. The board may, at its annual meeting or at any special meeting, provide a salary for the deputy.
59.25(2)(b)
(b) If any treasurer is incapable of discharging the duties of the office of treasurer, the board may, if it sees fit, appoint a person treasurer who shall serve until such disability is removed. A person so appointed or appointed to fill a vacancy in the office of treasurer, upon giving an official bond with like sureties as are required of such treasurer, shall perform all the duties of such office, and thereupon the powers and duties of any deputy performing the duties of the last treasurer shall cease.
59.25(3)
(3) Duties. The treasurer shall do all of the following:
59.25(3)(a)1.1. Receive all moneys from all sources belonging to the county, and all other moneys which by statute or county ordinance are directed to be paid to the treasurer, and, except in counties having a population of 500,000 or more, in the case of the payment of delinquent property taxes or the redemption of land subject to a tax certificate, make out and deliver to the clerk duplicate receipts therefor, and file in the treasurer's office the duplicate receipts delivered to the treasurer by the clerk for money received by the clerk.
59.25(3)(a)2.
2. In counties having a population of 500,000 or more, file a duplicate receipt in the treasurer's office.
59.25(3)(b)
(b) Pay out all moneys belonging to the county only on the order of the board, signed by the clerk and countersigned by the chairperson, except when special provision for the payment thereof is otherwise made by law; and, except in counties having a population of 500,000 or more, pay out all moneys belonging to the county road and bridge fund on the written order of the county commissioner of highways, signed by the clerk and countersigned by the chairperson of the board.
59.25(3)(c)
(c) Pay all county orders described in
par. (b) in the order of time in which they are presented for payment; but where 2 or more are presented at the same time, give precedence to the order of the oldest date, but the treasurer shall receive of municipal treasurers all county orders issued in the county, which the municipal treasurers may present in payment of county taxes, to the amount of the county taxes actually collected by any municipal treasurer in the year for which the orders are offered in payment, which amount shall be determined by the affidavit of the municipal treasurer.
59.25(3)(d)
(d) Keep a true and correct account of the receipt and expenditure of all moneys which come into the treasurer's hands by virtue of the treasurer's office in books kept therefor, specifying the date of every receipt or payment, the person from or to whom the same was received or paid, and the purpose of each particular receipt or payment; keep also in like manner a separate account of all fees received, a separate account of all moneys received for taxes, and a separate account of money received upon redemption of lands from sales thereof for nonpayment of taxes, further specifying in the 2 last accounts the description of the property on account of which such money was paid, which books shall be open at all times to the inspection of the board or any member thereof and to all county and state officers; make in writing a fully itemized statement and report, verified by the treasurer's oath, to the board on the first day of the annual board meeting and at such other times as the board directs, of all moneys of whatever nature received and disbursed by the county treasurer; exhibit the treasurer's vouchers therefor to be audited and allowed, and settle with the board the treasurer's accounts as treasurer; and exhibit to the board all moneys in the custody or control of the treasurer as treasurer, and, if required, make oath that such moneys are the funds of the county.
59.25(3)(e)
(e) Annually by March 15, furnish to the department of revenue the completed tax roll settlement sheets prescribed under
s. 70.09 (3).
59.25(3)(f)1.1. Except as provided in
subd. 2., transmit to the state treasurer at the time required by law to pay the state taxes a particular statement, certified by the county treasurer's personal signature affixed or attached thereto, of all moneys received by him or her during the preceding year and which are payable to the state treasurer for licenses, fines, penalties, or on any other account, and at the same time pay to the state treasurer the amount thereof after deducting the legal fees.
59.25(3)(f)2.
2. For all court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by
s. 757.05 for the penalty assessment surcharge, the amounts required by
s. 165.755 for the crime laboratories and drug law enforcement assessment, the amounts required by
s. 167.31 (5) for the weapons assessment, the amounts required by
s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by
s. 938.34 (8d) for the delinquency victim and witness assistance surcharge, the amounts required by
s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by
s. 961.41 (5) for the drug abuse program improvement surcharge, the amounts required by
s. 100.261 for the consumer information assessment, the amounts authorized by
s. 971.37 (1m) (c) 1. or required by
s. 973.055 (1) for the domestic abuse assessment, the amounts required by
s. 253.06 (4) (c) for the enforcement assessment under the supplemental food program for women, infants and children, the amounts required by
ss. 346.177,
346.495 and
346.65 (4r) for the railroad crossing improvement assessment, the amounts required by
s. 346.655 (2) (a) and
(b) for the driver improvement surcharge, the amounts required by
s. 102.85 (4) for the uninsured employer assessment, the amounts required by
s. 299.93 for the environmental assessment, the amounts required by
s. 29.983 for the wild animal protection assessment, the amounts required by
s. 29.987 for the natural resources assessment surcharge, the amounts required by
s. 29.985 for the fishing shelter removal assessment, the amounts required by
s. 350.115 for the snowmobile registration restitution payment and the amounts required by
s. 29.989 for natural resources restitution payments, transmit to the state treasurer a statement of all moneys required by law to be paid on the actions entered during the preceding month on or before the first day of the next succeeding month, certified by the county treasurer's personal signature affixed or attached thereto, and at the same time pay to the state treasurer the amount thereof.
59.25(3)(g)
(g) Deposit all moneys for jail assessments received under
s. 302.46 (1) in a county jail fund and make payments from the fund for purposes of
s. 302.46 (2) on order of the board under
par. (b).
59.25(3)(h)
(h) Cause to be insured, when directed by the board, at the expense of the county, the county buildings or any of them in the name of the county; and, in case of loss, demand and receive the money due on account of such insurance for the use of the county; and all such money shall be applied to rebuilding or repairing such county buildings.
59.25(3)(i)
(i) Make annually, on the 3rd Monday of March, a certified statement, and forward the statement to each municipal clerk in the county, showing the amount of money paid from the county treasury during the year next preceding to each municipal treasurer in the county. The statement shall specify the date of each payment, the amount thereof and the account upon which the payment was made. It shall be unlawful for any county treasurer to pay to the treasurer of any town any money in the hands of the county treasurer belonging to the town from the 3rd Monday of March until 10 days after the annual town meeting except upon the written order of the town board.
59.25(3)(j)
(j) Retain 10% for fees in receiving and paying into the state treasury all money received by the treasurer for the state for fines and penalties, except that 50% of the state forfeitures, fines and penalties under
chs. 341 to
347,
349 and
351 shall be retained as fees, and retain the other fees for receiving and paying money into the state treasury that are prescribed by law.
59.25(3)(k)
(k) Forward 40% of the state forfeitures, fines and penalties under
ch. 348 to the state treasurer for deposit in the transportation fund under
s. 25.40 (1) (ig).
59.25 Note
NOTE: The cross-reference to s. 66.0317 (3) (c) was changed pursuant to
1999 Wis. Act 150, section
672, which incorrectly indicated that s. 66.12 (3) (c) was to be changed to s. 66.0317 (3) (c). Section 66.12 was renumbered to s. 66.0114 by Act 150, as shown here. Corrective legislation is pending.
59.25(3)(n)
(n) Make and deliver to any person, for a fee that is set by the board under
s. 19.35 (3), a certified copy or transcript of any book, record, account, file or paper in his or her office or any certificate which by law is declared to be evidence.
59.25(3)(o)
(o) On the first day of each month pay into the county treasury the fees received by the treasurer.
59.25(3)(p)
(p) Pay to the state treasurer on his or her order the state percentage of fees received from the clerk of the circuit court under
s. 59.40 (2) (m) and if any such moneys remain in his or her hands when he or she is required to pay the state percentage of fees, pay such moneys therewith to the state treasurer.
59.25(3)(q)
(q) Perform all other duties required of the treasurer by law.
59.25(3)(rm)
(rm) If the treasurer's county receives national forest income, distribute the income to the towns in the county in which national forest lands are situated, with each town to receive such proportion of the income as the area of national forest lands in the town bears to the area of the national forest lands in the entire county. Fifty percent of the amount received by any town shall be expended by the town exclusively for the benefit of roads therein.
59.25(3)(s)
(s) Exercise any investment authority delegated to the treasurer by the board under
s. 59.62.
59.25(3)(t)
(t) Notify municipalities of payments made under
ss. 74.29 and
79.10 in respect to property tax levies originally certified to the municipality for collection.
59.25 History
History: 1995 a. 201 ss.
266,
267,
269,
270,
284;
1995 a. 225 ss.
151 to
153;
1995 a. 227 s.
202;
1995 a. 269 s.
2;
1995 a. 408 s.
1;
1995 a. 448 s.
60;
1997 a. 27,
35,
135,
211,
237,
248;
1999 a. 9,
32,
74;
1999 a. 150 s.
672.
59.25 Annotation
Section 59.20 (8) [now s. 59.25 (3) (j)], as to retention of 50% of traffic fines and forfeitures is valid. State ex rel. Comrs. of Pub. Lands v. Anderson,
56 Wis. 2d 666,
203 N.W.2d 84.
59.25 Annotation
The entire amount of bail forfeited under s. 969.13 (4) is to be retained by the county treasurer and no part is to be paid to the state treasurer. 62 Atty. Gen. 247.
59.25 Annotation
Section 59.20 (13) [now 59.25 (3) (r)] does not control the distribution of monies received from the federal government under 31 USC sec. 1601, et seq. 67 Atty. Gen. 277.
59.25 Annotation
A county that has received payments from the federal government under 31 USC sec. 1601, et. seq. cannot distribute those payments to the towns in which national forest lands are located. 68 Atty. Gen. 23.
59.26
59.26
Sheriff; undersheriff; deputies. 59.26(1)
(1) Within 10 days after entering upon the duties of the office of sheriff, the sheriff shall appoint some proper person, who is a resident of the county, undersheriff. However, in counties with a population of 500,000 or more the appointment of an undersheriff is optional. In counties where the sheriff's department is under civil service, the sheriff, in conformity with county ordinance, may, at the request of the affected deputy, grant a leave of absence to a deputy sheriff who the sheriff has appointed undersheriff, or to any other position in the sheriff's department, upon the deputy's acceptance of the appointment. Any deputy in a county under civil service granted leave of absence under this subsection upon completion of the appointive position shall immediately be returned to the position of deputy sheriff and shall continue therein without loss of any rights under the civil service law. The sheriff, however, may not grant such leave of absence to a deputy sheriff until the sheriff first secures the consent of the board by resolution duly adopted by the board. Within 10 days after entering upon the duties of the office of sheriff, the sheriff shall also appoint deputy sheriffs for the county as follows:
59.26(1)(a)
(a) One for each city and village in the county that has 1,000 or more inhabitants.
59.26(1)(b)
(b) One for each assembly district in the county, except the district in which the undersheriff resides, which contains an incorporated village having less than 1,000 inhabitants and does not contain a city or incorporated village having more than 1,000 inhabitants.
59.26(1)(c)
(c) Each deputy shall reside in the city or village for which the deputy is appointed, or, if appointed for an assembly district, shall reside in the village in such district.
59.26(2)
(2) The sheriff may appoint as many other deputies as the sheriff considers proper.
59.26(3)
(3) The sheriff may fill vacancies in the office of any such appointee, and he or she may appoint a person to take the place of any undersheriff or deputy who becomes incapable of executing the duties of that office.
59.26(4)
(4) A person who is appointed undersheriff or deputy for a regular term or to fill a vacancy or otherwise shall hold office during the pleasure of the sheriff.
59.26(5)
(5) The sheriff or the undersheriff may also depute in writing other persons to perform particular acts.
59.26(6)
(6) Every appointment of an undersheriff or deputy, except deputations to perform a particular act, and every revocation of such appointment shall be in writing and be filed and recorded in the office of the clerk of the circuit court.
59.26(7)
(7) In case of a vacancy in the office of sheriff, the undersheriff shall in all things and with like liabilities and penalties execute the duties of the office of sheriff until the vacancy is filled as provided by law.
59.26(8)(a)(a) In any county with a population of less than 500,000, the board, by ordinance, may fix the number of deputy sheriffs to be appointed in that county at not less than that number required by
sub. (1) (a) and
(b) and may set the salary of those deputies. The board may provide by ordinance that deputy sheriff positions be filled by appointment by the sheriff from a list of all persons with the 3 highest scores for each position based on a competitive examination of persons residing in this state for at least one full year prior to the date of such examination. Such competitive examinations may be by a county civil service commission or by the division of merit recruitment and selection in the department of employment relations at the option of the board and it shall so provide by ordinance. The division of merit recruitment and selection in the department of employment relations shall, upon request of the board, conduct such examination according to the methods used in examinations for the state civil service and shall certify an eligible list of the names of all persons with the 3 highest scores on that examination for each position to the sheriff of that county who shall make an appointment from that list to fill the position within 10 days after he or she receives the eligible list. The county for which such examination is conducted shall pay the cost of that examination. If a civil service commission is decided upon for the selection of deputy sheriffs, then
ss. 63.01 to
63.17 shall apply so far as consistent with this subsection, except
ss. 63.03,
63.04 and
63.15 and except the provision governing minimum compensation of the commissioners. The ordinance or an amending ordinance may provide for employee grievance procedures and disciplinary actions, for hours of work, for tours of duty according to seniority and for other administrative regulations. Any board provision consistent with this paragraph and existing on July 25, 1951, is validated. If the sheriff fills a deputy sheriff position by promotion, the sheriff shall make the appointment to the position from a list of 3 deputy sheriffs who receive the highest scores in a competitive examination. Such competitive examinations may be by a county civil service commission or by the division of merit recruitment and selection in the department of employment relations at the option of the board and it shall so provide by ordinance.
59.26(8)(b)1.1. The persons appointed shall hold the office of deputy sheriff on good behavior. In any county operating under this subsection, but not under
s. 59.52 (8), whenever the sheriff or undersheriff or a majority of the members of a civil service commission for the selection of deputy sheriffs believes that a deputy has acted so as to show the deputy to be incompetent to perform the duties of deputy sheriff or to have merited suspension, demotion or dismissal, the sheriff, undersheriff or civil service commission shall report in writing to the grievance committee setting forth specifically the complaint against the deputy, and, when the party filing the complaint is a sheriff or undersheriff, may suspend or demote the officer at the time such complaint is filed. The grievance committee shall be appointed in the same manner and at the same time as standing committees of the board are appointed. The committee may be made up of members of the board or other electors of the county, or both. Such members shall be paid in the same manner as members of other board committees.
59.26(8)(b)2.
2. The grievance committee shall immediately notify the accused officer of the filing of the charges and on request furnish the accused officer with a copy of the same.
