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.
59.26(8)(b)3.
3. The grievance committee shall, if the officer requests a hearing, appoint a time and place for the hearing of the charges, the time to be within 3 weeks after the filing of such request for a hearing and the committee shall notify the sheriff or undersheriff or the members of the civil service commission, whichever filed the complaint with the committee, and the accused of the time and place of such hearing. If the accused officer makes no request to the grievance committee, then the committee may take whatever action it considers justifiable on the basis of the charges filed and shall issue an order in writing as provided in
subd. 5. The committee may take testimony at the hearing, and any testimony taken shall be transcribed. The chairperson of the committee shall issue subpoenas for the attendance of such witnesses as may be requested by the accused.
59.26(8)(b)4.
4. At the hearing the chairperson of the committee may maintain order and enforce obedience to the chairperson's lawful requirements. If a person at the hearing acts in a disorderly manner and persists after notice from the chairperson, the chairperson may order the person to leave the hearing. If the order is refused the chairperson may order the sheriff or other person to take the disorderly person into custody until the hearing is adjourned for that day.
59.26(8)(b)5.
5. At the termination of the hearing the grievance committee shall determine in writing whether or not the charge is well-founded and shall take such action by way of suspension, demotion, discharge or reinstatement as it considers requisite and proper under the circumstances and file the same with the secretary of the committee.
59.26(8)(b)5m.
5m. No deputy may be suspended, demoted or discharged by the grievance committee under
subd. 3. or
5., based on charges filed by the sheriff, undersheriff or a majority of the members of the civil service commission for the selection of deputies unless the committee determines whether there is just cause, as described in this subdivision, to sustain the charges. In making its determination, the committee shall apply the following standards, to the extent applicable:
59.26(8)(b)5m.a.
a. Whether the deputy could reasonably be expected to have had knowledge of the probable consequences of the alleged conduct.
59.26(8)(b)5m.b.
b. Whether the rule or order that the deputy allegedly violated is reasonable.
59.26(8)(b)5m.c.
c. Whether the sheriff, before filing the charge against the deputy, made a reasonable effort to discover whether the deputy did in fact violate a rule or order.
59.26(8)(b)5m.e.
e. Whether the sheriff discovered substantial evidence that the deputy violated the rule or order as described in the charges filed against the deputy.
59.26(8)(b)5m.f.
f. Whether the sheriff is applying the rule or order fairly and without discrimination to the deputy.
59.26(8)(b)5m.g.
g. Whether the proposed discipline reasonably relates to the seriousness of the alleged violation and to the deputy's record of service with the sheriff's department.
59.26(8)(b)6.
6. The accused may appeal from the order to the circuit court by serving written notice of the appeal on the secretary of the committee within 10 days after the order is filed. Within 5 days after receiving written notice of the appeal, the board shall certify to the clerk of the circuit court the record of the proceedings, including all documents, testimony and minutes. The action shall then be at issue and shall have precedence over any other cause of a different nature pending in the court, which shall always be open to the trial thereof. The court shall upon application of the accused or of the board fix a date of trial, which shall not be later than 15 days after such application except by agreement. The trial shall be by the court and upon the return of the board, except that the court may require further return or the taking and return of further evidence by the board. The question to be determined by the court shall be: "Upon the evidence is there just cause, as described under
subd. 5m., to sustain the charges against the accused?" No costs shall be allowed either party and the clerk's fees shall be paid by the county. If the order of the committee is reversed, the accused shall be forthwith reinstated and entitled to pay as though in continuous service. If the order of the committee is sustained it shall be final and conclusive.
59.26(8)(c)
(c) The board of any county enacting the ordinance provided for in this subsection may provide that any deputy sheriff acting as such at the time of the enactment shall be eligible to such appointment without examination.
59.26(8)(cm)
(cm) Any board may by a majority vote establish, by ordinance in connection with the enactment of an ordinance providing for civil service selection and tenure of deputy sheriffs under
pars. (a) and
(b) or by amendment to such an ordinance previously enacted, a traffic division of the sheriff's department and fix the number of deputy sheriffs as traffic patrolmen and other employees in said division in which case
s. 83.016 shall become inoperative as to that county. The board in such ordinance shall further provide that the personnel in such traffic division of the sheriff's department shall be appointed and hold their positions in the manner and under the conditions set forth in
pars. (a) and
(b). The board may also provide that traffic patrolmen who have been appointed under
s. 83.016 and who are employed by the county at the time of the enactment of the ordinance under this subsection establishing a traffic division in the sheriff's department and providing civil service therefor shall be appointed to positions in such traffic division without examination.
59.26(8)(d)
(d) Enactment of the ordinances provided for by this subsection shall not preclude the board from thereafter amending or repealing such ordinances, but such amendment or repeal shall not be effective unless voted by the affirmative vote of three-fourths of the members-elect of such board. The civil service provisions of this section shall apply only to such deputies or traffic patrolmen who are regularly employed by the county or sheriff and shall not apply to honorary deputies. Notwithstanding the provisions of this subsection the board may enact a civil service ordinance for county employees under
s. 59.52 (8) which civil service ordinance may include deputy sheriffs or traffic patrolmen, or both.
59.26(9)(a)(a) A deputy sheriff in any county may not be suspended or dismissed under
sub. (8) or
s. 59.52 (8) or
63.10 without pay or benefits, for any action taken that is within the scope of the deputy's employment, until the matter that is the subject of the suspension or dismissal is disposed of by the grievance committee or civil service commission or the time for appeal of that matter passes without an appeal being made.
59.26(9)(b)
(b) An ordinance of any county or a collective bargaining agreement may not diminish or abridge a right of a deputy sheriff that is granted under
par. (a). An ordinance of such a county or a collective bargaining agreement may supplement and expand such a right in a manner that is not inconsistent with
par. (a).
59.26(9)(c)
(c) If the matter that is the subject of the suspension or dismissal is decided adversely to the deputy sheriff by the grievance committee or the civil service commission, the time for appeal passes without an appeal being made or the deputy's appeal to the circuit court is decided adversely to the deputy, all pay and benefits received by the deputy sheriff between the time of his or her suspension or dismissal and the latest of an adverse ruling by the committee, the commission or the court or the time for appeal passes shall be returned to the county.
59.26 Annotation
Upon reinstatement of an unreasonably suspended deputy sheriff, the amount of pay due is to be reduced by amounts earned in other employment during the period of suspension. State ex rel. Klingler & Schilling v. Baird,
56 Wis. 2d 460,
202 N.W.2d 31.
59.26 Annotation
The burden of establishing a lack of reasonable and diligent efforts by the suspended deputy sheriffs to seek other employment and the availability of such employment is on the employer. State ex rel. Schilling & Klingler v. Baird,
65 Wis. 2d 394,
222 N.W.2d 666.
59.26 Annotation
Under s. 59.21 [now s. 59.26] (8) (b) deputies have tenure beyond their initial term of appointment under s. 59.21 (4). Deputies have civil service protections under sub. (8) (b) and protections under collective bargaining agreements not in conflict with the statutes. Heitkemper v. Wirsing,
194 Wis. 2d 182,
533 N.W.2d 770 (1995). See also Brown County Sheriff Dept. v. Employees Ass'n,
194 Wis. 2d 266,
533 N.W.2d 766 (1995).
59.26 Annotation
The court of appeals lacks jurisdiction to hear an appeal of a circuit court order under sub. (8) (b) 6. In Re Discipline of Bier,
220 Wis. 2d 175,
582 N.W.2d 742 (Ct. App. 1998).
59.26 Annotation
When a county has a civil service plan for deputy sheriffs, transfers may result in promotion, and such vacancies should be filled by examination and certification of 3 eligibles to the sheriff for appointment. 61 Atty. Gen. 10.
59.26 Annotation
In counties where deputy sheriffs are under civil service under s. 59.21 (8) [now 59.26 (8)], the county board may provide job classifications for deputy sheriff positions that would form the basis of selection of competent personnel who could, on appointment by the sheriff, be assigned to perform duties on a felony squad on a countywide basis. By reason of s. 59.24 (1) [now s. 59.28 (1)], or by means of a posse comitatus, the sheriff could on a case-by-case basis assert leadership, direction, and control over the investigation of a crime in an area that has a police department, and it is the duty of local police to cooperate. 61 Atty. Gen. 79.
59.26 Annotation
Whereas a deputy sheriff must be a resident of the county for which appointed, ss. 59.24 (2) [now s. 59.28 (2)], 66.30, 66.305 and 66.315 would allow the deputy to serve in an adjacent county upon a request for mutual assistance. 62 Atty. Gen. 250.
59.26 Annotation
A deputy sheriff appointed under s. 59.21 [now s. 59.26] (2) and (8) (a) must be a resident of the state and must, before qualifying and serving, be a resident of the county and must continue to maintain residency therein. 66 Atty. Gen. 315.
59.26 Annotation
Section 63.065 is incorporated by reference into s. 59.21 (8) (a). 68 Atty. Gen. 124.
59.26 Annotation
This section does not affect a sheriff's power to call a posse comitatus. 68 Atty. Gen. 334.
59.26 Annotation
In counties that have imposed no local residency requirement, only deputy sheriffs or undersheriffs appointed under s. 59.21 [now s. 59.26] (1) are required to be county residents at the time of initial employment.
80 Atty. Gen. 119.
59.26 Annotation
A sheriff represents the county when enforcing the law. Sovereign immunity for state officials under the 11th amendment to the U.S. constitution does not apply. Abraham v. Piechowski,
13 F. Supp. 2d 870 (1998).
59.27
59.27
Sheriff; duties. The sheriff of a county shall do all of the following:
59.27(1)
(1) Take the charge and custody of the jail maintained by the county and the persons in the jail, and keep the persons in the jail personally or by a deputy or jailer.
59.27(2)
(2) Keep a true and exact register of all prisoners committed to any jail under the sheriff's charge, in a book for that purpose, which shall contain the names of all persons who are committed to any such jail, their residence, the time when committed and cause of commitment, and the authority by which they were committed; and if for a criminal offense, a description of the person; and when any prisoner is liberated, state the time when and the authority by which the prisoner was liberated; and if any person escapes, state the particulars of the time and manner of such escape.
59.27(3)
(3) Attend upon the circuit court held in the sheriff's county during its session, and at the request of the court file with the clerk thereof a list of deputies for attendance on the court. The court may by special order authorize additional deputies to attend when the court is engaged in the trial of any person charged with a crime. Except as otherwise provided in this section, the board shall establish the rate of compensation and the level of services to be provided. The sheriff or one or more deputies shall attend the court of appeals when it is in session in the sheriff's county. The state shall reimburse the county from the appropriation under
s. 20.660 (1) for the actual salary paid to the sheriff or deputies for the service provided for the court of appeals.
59.27(4)
(4) Personally, or by the undersheriff or deputies, serve or execute all processes, writs, precepts and orders issued or made by lawful authority and delivered to the sheriff.
59.27(5)
(5) Deliver on demand to the sheriff's successor in office, when the sheriff's successor has qualified according to law, the jail and other property of the county and all prisoners in the jail, and all books, records, writs, processes, orders and other papers belonging to the sheriff's office and in the possession of the sheriff, undersheriff, jailer or deputies, except as provided in
s. 59.33, and upon the delivery of these items the successor in office shall execute a receipt to the sheriff therefor.
59.27(6)
(6) In counties having a population of 300,000 or more, assign one deputy, to be mutually agreed upon by the sheriff and the district attorney, to the office of the district attorney.
59.27(7)
(7) Perform all other duties required of the sheriff by law.
59.27(8)
(8) The sheriff is authorized to destroy all sheriff's dockets, daily jail records and cash books dated prior to 1901. It shall be the duty of the sheriff to retain and safely keep all such records for a period of 8 years, or a shorter period authorized by the public records board under
s. 16.61 (3) (b), after which the records may be destroyed.
59.27(9)
(9) When the sheriff is required to serve or execute a summons, order or judgment, or to do any other act, the sheriff shall be bound to do so in like manner as upon process issued to the sheriff, and shall be equally liable in all respects for neglect of duty; and if the sheriff is a party the coroner shall perform the service and all statutes relating to sheriffs shall apply to coroners where the sheriff is a party.
59.27(10)
(10) To enforce in the county all general orders of the department of commerce relating to the sale, transportation and storage of explosives.
59.27(11)
(11) Conduct operations within the county and, when the board so provides, in waters of which the county has jurisdiction under
s. 2.04 for the rescue of human beings and for the recovery of human bodies.
59.27(12)
(12) Before conducting a sale of foreclosed property, contact the clerk of the federal bankruptcy court to determine whether the court has granted a stay of relief on that property.
59.27 Annotation
A sheriff's assignment of a deputy to an undercover drug investigation falls within the constitutionally protected powers of the sheriff and could not be limited by a collective bargaining agreement. Manitowoc Co. v. Local 986B,
168 Wis. 2d 819,
484 N.W.2d 534 (1992). See also Washington County v. Deputy Sheriff's Association,
192 Wis. 2d 728,
531 N.W.2d 468 (Ct. App. 1995).
59.27 Annotation
A sheriff has authority to aid in a rescue on ice on Lake Michigan. 60 Atty. Gen. 62.
59.27 Annotation
Neither a sheriff nor a deputy can solicit or receive compensation not provided by law for official duties, but a deputy, while off duty, can be employed as a private security officer. 61 Atty. Gen. 256.
59.27 Annotation
Neither the sheriff nor the county board may "privatize" the jailer function under sub. (1).
77 Atty. Gen. 94.
59.28
59.28
Peace maintenance; powers and duties of peace officers, cooperation. 59.28(1)
(1) Sheriffs and their undersheriffs and deputies shall keep and preserve the peace in their respective counties and quiet and suppress all affrays, routs, riots, unlawful assemblies and insurrections; for which purpose, and for the service of processes in civil or criminal cases and in the apprehending or securing any person for felony or breach of the peace they and every coroner and constable may call to their aid such persons or power of their county as they consider necessary.
59.28(2)
(2) County law enforcement agencies may request the assistance of law enforcement personnel or may assist other law enforcement agencies as provided in
ss. 66.0313 and
66.0513.
59.28 History
History: 1995 a. 201 s.
282; Stats. 1995 s. 59.28;
1999 a. 150 s.
672.
59.28 Annotation
Suppression of evidence is not required when a law enforcement officer obtains evidence outside his or her jurisdiction. Any jurisdictional transgression violates the appropriate jurisdiction's authority not the defendant's rights. State v. Mieritz,
193 Wis. 2d 571,
534 N.W.2d 632 (Ct. App. 1995).
