66.0511(2)
(2) Use of force policy. Each person in charge of a law enforcement agency shall prepare in writing and make available for public scrutiny a policy or standard regulating the use of force by law enforcement officers in the performance of their duties.
66.0511(3)
(3) Citizen complaint procedure. Each person in charge of a law enforcement agency shall prepare in writing and make available for public scrutiny a specific procedure for processing and resolving a complaint by any person regarding the conduct of a law enforcement officer employed by the agency. The writing prepared under this subsection shall include a conspicuous notification of the prohibition and penalty under
s. 946.66.
66.0511 History
History: 1987 a. 131;
1997 a. 176;
1999 a. 150 s.
366; Stats. 1999 s. 66.0511.
66.0513
66.0513
Police, pay when acting outside county or municipality. 66.0513(1)(1) Any chief of police, sheriff, deputy sheriff, county traffic officer or other peace officer of any city, county, village or town, who is required by command of the governor, sheriff or other superior authority to maintain the peace, or who responds to the request of the authorities of another municipality, to perform police or peace duties outside territorial limits of the city, county, village or town where the officer is employed, is entitled to the same wage, salary, pension, worker's compensation, and all other service rights for this service as for service rendered within the limits of the city, county, village or town where regularly employed.
66.0513(2)
(2) All wage and disability payments, pension and worker's compensation claims, damage to equipment and clothing, and medical expense arising under
sub. (1), shall be paid by the city, county, village or town regularly employing the officer. Upon making the payment the city, county, village or town shall be reimbursed by the state, county or other political subdivision whose officer or agent commanded the services out of which the payments arose.
66.0513 History
History: 1975 c. 147 s.
54;
1999 a. 150 s.
367; Stats. 1999 s. 66.0513.
66.0515
66.0515
Receipts for fees. Every officer or employee upon receiving fees shall, if requested to do so by the person paying the fees, deliver to that person a receipt for the fees, specifying for which account each portion of the fees respectively accrued.
66.0515 History
History: 1991 a. 316;
1999 a. 150 s.
270; Stats. 1999 s. 66.0515.
66.0517(2)(a)(a)
Town, village and city weed commissioner. The chairperson of each town, the president of each village and the mayor of each city may appoint one or more commissioners of noxious weeds on or before May 15 in each year. A weed commissioner shall take the official oath and the oath shall be filed in the office of the town, village or city clerk. A weed commissioner shall hold office for one year and until a successor has qualified or the town chairperson, village president or mayor determines not to appoint a weed commissioner. If more than one commissioner is appointed, the town, village or city shall be divided into districts by the officer making the appointment and each commissioner shall be assigned to a different district. The town chairperson, village president or mayor may appoint a resident of any district to serve as weed commissioner in any other district of the same town, village or city.
66.0517(2)(b)
(b)
County weed commissioner. A county may by resolution adopted by its county board provide for the appointment of a county weed commissioner and determine the duties, term and compensation for the county weed commissioner. When a weed commissioner has been appointed under this paragraph and has qualified, the commissioner has the powers and duties of a weed commissioner described in this section. Each town chairperson, village president or mayor may appoint one or more deputy weed commissioners, who shall work in cooperation with the county weed commissioner in the district assigned by the appointing officer.
66.0517(3)(a)(a)
Destruction of noxious weeds. A weed commissioner shall investigate the existence of noxious weeds in his or her district. If a person in a district neglects to destroy noxious weeds as required under
s. 66.0407 (3), the weed commissioner shall destroy, or have destroyed, the noxious weeds in the most economical manner. A weed commissioner may enter upon any lands that are not exempt under
s. 66.0407 (5) and cut or otherwise destroy noxious weeds without being liable to an action for trespass or any other action for damages resulting from the entry and destruction, if reasonable care is exercised.
66.0517(3)(b)1.1. Except as provided in
sub. (2) (b), a weed commissioner shall receive compensation for the destruction of noxious weeds as determined by the town board, village board or city council upon presenting to the proper treasurer the account for noxious weed destruction, verified by oath and approved by the appointing officer. The account shall specify by separate items the amount chargeable to each piece of land, describing the land, and shall, after being paid by the treasurer, be filed with the town, village or city clerk. The clerk shall enter the amount chargeable to each tract of land in the next tax roll in a column headed "For the Destruction of Weeds", as a tax on the lands upon which the weeds were destroyed. The tax shall be collected under
ch. 74, except in case of lands which are exempt from taxation, railroad lands or other lands for which taxes are not collected under
ch. 74. A delinquent tax may be collected as is a delinquent real property tax under
chs. 74 and
75 or as is a delinquent personal property tax under
ch. 74. In case of railroad lands or other lands for which taxes are not collected under
ch. 74, the amount chargeable against these lands shall be certified by the town, village or city clerk to the state treasurer who shall add the amount designated to the sum due from the company owning, occupying or controlling the lands specified. The state treasurer shall collect the amount chargeable as prescribed in
subch. I of ch. 76 and return the amount collected to the town, city or village from which the certification was received.
66.0517(3)(b)2.
2. For the performance of duties other than the destruction of noxious weeds, a weed commissioner shall receive compensation to be determined by the town board, village board or city council.
66.0517 History
History: 1999 a. 150.
FINANCE; REVENUES
66.0601(1)(a)(a)
Bonus to state institution. No appropriation or bonus, except a donation, may be made by a town, village, or city, nor municipal liability created nor tax levied, as a consideration or inducement to the state to locate any public educational, charitable, reformatory, or penal institution.
66.0601(1)(b)
(b)
Payments for abortions restricted. No city, village, town, family care district under
s. 46.2895 or agency or subdivision of a city, village or town may authorize funds for or pay to a physician or surgeon or a hospital, clinic or other medical facility for the performance of an abortion except those permitted under and which are performed in accordance with
s. 20.927.
66.0601(1)(c)
(c)
Payments for abortion-related activity restricted. No city, village, town, family care district under
s. 46.2895 or agency or subdivision of a city, village or town may authorize payment of funds for a grant, subsidy or other funding involving a pregnancy program, project or service if
s. 20.9275 (2) applies to the pregnancy program, project or service.
66.0601(2)
(2) Celebration of holidays. A town, county, school board or school district may appropriate money for the purpose of initiating or participating in appropriate celebrations of any legal holiday listed in
s. 895.20.
66.0601 History
History: 1999 a. 65 s.
14;
1999 a. 150 ss.
89,
90,
92,
94,
165 to
167; s. 13.93 (1) (b).
66.0603(1g)(a)(a) In this section, "governing board" has the meaning given under
s. 34.01 (1) but does not include a local cultural arts district board created under
subch. V of ch. 229.
66.0603(1m)(a)(a) A county, city, village, town, school district, drainage district, technical college district or other governing board, other than a local professional football stadium district board created under
subch. IV of ch. 229, may invest any of its funds not immediately needed in any of the following:
66.0603(1m)(a)1.
1. Time deposits in any credit union, bank, savings bank, trust company or savings and loan association which is authorized to transact business in this state if the time deposits mature in not more than 3 years.
66.0603(1m)(a)2.
2. Bonds or securities issued or guaranteed as to principal and interest by the federal government, or by a commission, board or other instrumentality of the federal government.
66.0603(1m)(a)3.
3. Bonds or securities of any county, city, drainage district, technical college district, village, town or school district of this state.
66.0603 Note
NOTE: Subd. 3q. was created as s. 66.04 (2) (a) 3q. by
1999 Wis. Act 167, s.
32, and renumbered to s. 66.0603 (1m) (a) 3q. by the revisor under s. 13.93 (1) (b).
66.0603(1m)(a)3s.
3s. Bonds issued by the University of Wisconsin Hospitals and Clinics Authority.
66.0603 Note
NOTE: Subd. 3t. was created as s. 66.04 (2) (a) 3t. by
1999 Wis. Act 65, s.
17 and renumbered to s. 66.0603 (1m) (a) 3t. by the revisor under s. 13.93 (1) (b).
66.0603(1m)(a)4.
4. Any security which matures or which may be tendered for purchase at the option of the holder within not more than 7 years of the date on which it is acquired, if that security has a rating which is the highest or 2nd highest rating category assigned by Standard & Poor's corporation, Moody's investors service or other similar nationally recognized rating agency or if that security is senior to, or on a parity with, a security of the same issuer which has such a rating.
66.0603(1m)(a)5.
5. Securities of an open-end management investment company or investment trust, if the investment company or investment trust does not charge a sales load, if the investment company or investment trust is registered under the investment company act of 1940,
15 USC 80a-1 to
80a-64, and if the portfolio of the investment company or investment trust is limited to the following:
66.0603(1m)(a)5.a.
a. Bonds and securities issued by the federal government or a commission, board or other instrumentality of the federal government.
66.0603(1m)(a)5.b.
b. Bonds that are guaranteed as to principal and interest by the federal government or a commission, board or other instrumentality of the federal government.
66.0603(1m)(b)
(b) A town, city or village may invest surplus funds in any bonds or securities issued under the authority of the municipality, whether the bonds or securities create a general municipality liability or a liability of the property owners of the municipality for special improvements, and may sell or hypothecate the bonds or securities. Funds of an employer, as defined by
s. 40.02 (28), in a deferred compensation plan may also be invested and reinvested in the same manner authorized for investments under
s. 881.01 (1). [Funds of any school district operating under
ch. 119, held in trust for pension plans intended to qualify under section
401 (a) of the Internal Revenue Code, other than funds held in the public employee trust fund, may be invested and reinvested in the same manner as is authorized for investments under
s. 881.01.]
66.0603 Note
NOTE: The bracketed language was deleted by
1999 Wis. Act 150 without being shown as stricken. No change was intended. Corrective legislation is pending.
66.0603(1m)(c)
(c) A local government, as defined under
s. 25.50 (1) (d), may invest surplus funds in the local government pooled-investment fund. Cemetery care funds, including gifts where the principal is to be kept intact, may also be invested under
ch. 881.
66.0603(1m)(d)
(d) A county, city, village, town, school district, drainage district, technical college district or other governing board as defined by
s. 34.01 (1) may engage in financial transactions in which a public depository, as defined in
s. 34.01 (5), agrees to repay funds advanced to it by the local government plus interest, if the agreement is secured by bonds or securities issued or guaranteed as to principal and interest by the federal government.
66.0603(2)
(2) Delegation of investment authority. A county, city, village, town, school district, drainage district, technical college district or other governing board, as defined in
s. 34.01 (1), may delegate the investment authority over any of its funds not immediately needed to a state or national bank, or trust company, which is authorized to transact business in this state if all of the following conditions are met:
66.0603(2)(b)
(b) The governing board renews annually the investment agreement under which it delegates its investment authority, and reviews annually the performance of the institution with which its funds are invested.
66.0603(3)
(3) Additional delegation of investment authority. In addition to the authority granted under
sub. (2m) [
sub. (2)], a school district operating under
ch. 119 may delegate the investment authority over any of its funds not immediately needed and held in trust for its qualified pension plans to an investment manager who meets the requirements and qualifications specified in the trust's investment policy and who is registered as an investment adviser under the Investment Advisers Act of 1940,
15 USC 80b-3.
66.0603 Note
NOTE: The correct cross-reference is shown in brackets. Corrective legislation is pending.
66.0603(4)
(4) Invested fund proceeds in populous cities, use. In a 1st class city, all interest derived from invested funds held by the city treasurer in a custodial capacity on behalf of any political entity, except for pension funds, is general revenue of the city and shall revert to the city's general fund upon the approval by the political entity evidenced by a resolution adopted for that purpose.
66.0603 History
History: 1999 a. 9 ss.
1607,
1608;
1999 a. 65 ss.
15 to
17;
1999 a. 150 ss.
93,
95,
168;
1999 a. 167 ss.
31,
32;
1999 a. 186 ss.
43,
44; s. 13.93 (1) (b).
66.0603 Cross-reference
Cross-reference: See also s.
157.50 (6) as to investment of municipal care funds.
66.0603 Annotation
Municipalities may only invest in certain specifically authorized bonds, securities, deposits, etc., and may not invest in mutual funds, even if the assets of the funds consist solely of statutorily-allowed bonds and securities.
77 Atty. Gen. 274.
66.0605
66.0605
Local government audits and reports. Notwithstanding any other statute, the governing body of a county, city, village or town may require or authorize a financial audit of a municipal or county officer, department, board, commission, function or activity financed in whole or part from municipal or county funds, or if any portion of the funds are the funds of the county, city, village or town. The governing body may require submission of periodic financial reports by the officer, department, board, commission, function or activity.
66.0605 History
History: 1977 c. 29;
1999 a. 150 s.
97; Stats. 1999 s. 66.0605.
66.0607
66.0607
Withdrawal or disbursement from local treasury. 66.0607(1)(1) Except as otherwise provided in
subs. (2) to
(5), in a county, city, village, town or school district, all disbursements from the treasury shall be made by the treasurer upon the written order of the county, city, village, town or school clerk after proper vouchers have been filed in the office of the clerk. If the statutes provide for payment by the treasurer without an order of the clerk, the clerk shall draw and deliver to the treasurer an order for the payment before or at the time that the payment is required to be made by the treasurer. This section applies to all special and general provisions of the statutes relative to the disbursement of money from the county, city, village, town or school district treasury except
s. 67.10 (2).
66.0607(2)
(2) Notwithstanding other law, a county having a population of 500,000 or more may, by ordinance, adopt any other method of allowing vouchers, disbursing funds, reconciling outstanding county orders, reconciling depository accounts, examining county orders, and accounting consistent with accepted accounting and auditing practices, if the ordinance prior to its adoption is submitted to the department of revenue, which shall submit its recommendations on the proposed ordinance to the county board of supervisors.
66.0607(3)
(3) Except as provided in
subs. (2),
(3m) and
(5), disbursements of county, city, village, town or school district funds from demand deposits shall be by draft or order check and withdrawals from savings or time deposits shall be by written transfer order. Written transfer orders may be executed only for the purpose of transferring deposits to an authorized deposit of the public depositor in the same or another authorized public depository. The transfer shall be made directly by the public depository from which the withdrawal is made. No draft or order check issued under this subsection may be released to the payee, nor is the draft or order check valid, unless signed by the clerk and treasurer. No transfer order is valid unless signed by the clerk and the treasurer. Unless otherwise directed by ordinance or resolution adopted by the governing body, a certified copy of which shall be filed with each public depository concerned, the chairperson of the county board, mayor, village president, town chairperson or school district president shall countersign all drafts or order checks and all transfer orders. The governing body may also, by ordinance or resolution, authorize additional signatures. In lieu of the personal signatures of the clerk and treasurer and any other required signature, the facsimile signature adopted by the person and approved by the governing body may be affixed to the draft, order check or transfer order. The use of a facsimile signature does not relieve an official from any liability to which the official is otherwise subject, including the unauthorized use of the facsimile signature. A public depository is fully warranted and protected in making payment on any draft or order check or transferring pursuant to a transfer order bearing a facsimile signature affixed as provided by this subsection notwithstanding that the facsimile signature may have been affixed without the authority of the designated persons.
66.0607(3m)
(3m) A county, city, village, town or school district may process periodic payments through the use of money transfer techniques, including direct deposit, electronic funds transfer and automated clearinghouse methods. The county, municipal or school district treasurer shall keep a record of the date, payee and amount of each disbursement made by a money transfer technique.
66.0607(4)
(4) Except as provided in
sub. (3m), if a board, commission or committee of a county, city, village, town or school district is vested by statute with exclusive control and management of a fund, including the audit and approval of payments from the fund, independently of the governing body, payments under this section shall be made by drafts or order checks issued by the county, city, village, town or school clerk upon the filing with the clerk of certified bills, vouchers or schedules signed by the proper officers of the board, commission or committee, giving the name of the claimant or payee, and the amount and nature of each payment.
66.0607(5)
(5) In a 1st class city, municipal disbursements of public moneys shall be by draft, order, check, order check or as provided under
sub. (3m). Checks or drafts shall be signed by the treasurer and countersigned by the comptroller. Orders shall be signed by the mayor and clerk and countersigned by the comptroller, as provided in the charter of the city. Disbursements of school moneys shall be as provided by
s. 119.50.
66.0607(6)
(6) Withdrawal or disbursement of moneys deposited in a public depository as defined in
s. 34.01 (5) by a treasurer as defined in
s. 34.01 (7), other than the elected, appointed or acting official treasurer of a county, city, village, town or school district, shall be by endorsement, written order, draft, share draft, check or other draft signed by the person or persons designated by written authorization of the governing board as defined in
s. 34.01 (1). The authorization shall conform to any statute covering the disbursement of the funds. A public depository is fully warranted and protected in making payment in accordance with the latest authorization filed with it.
66.0607(7)
(7) No order may be issued by a county, city, village, town, special purpose district, school district, cooperative education service agency or technical college district clerk in excess of funds available or appropriated for the purposes for which the order is drawn, unless authorized by a resolution adopted by the affirmative vote of two-thirds of the entire membership of the governing body.
66.0609
66.0609
Financial procedure; alternative system of approving claims. 66.0609(1)(1) The governing body of a village or of a city of the 2nd, 3rd or 4th class may by ordinance enact an alternative system of approving financial claims against the municipal treasury other than claims subject to
s. 893.80. The ordinance shall provide that payments may be made from the city or village treasury after the comptroller or clerk of the city or village audits and approves each claim as a proper charge against the treasury, and endorses his or her approval on the claim after having determined that all of the following conditions have been complied with:
66.0609(1)(a)
(a) That funds are available for the claim pursuant to the budget approved by the governing body.
66.0609(1)(b)
(b) That the item or service covered by the claim has been duly authorized by the proper official, department head or board or commission.
66.0609(1)(c)
(c) That the item or service has been actually supplied or rendered in conformity with the authorization described in
par. (b).
66.0609(1)(d)
(d) That the claim is just and valid pursuant to law. The comptroller or clerk may require the submission of proof to support the claim as the officer considers necessary.
66.0609(2)
(2) The ordinance under
sub. (1) shall require that the clerk or comptroller file with the governing body not less than monthly a list of the claims approved, showing the date paid, name of claimant, purpose and amount.
66.0609(3)
(3) The ordinance under
sub. (1) shall require that the governing body of the city or village obtain an annual detailed audit of its financial transactions and accounts by a public accountant licensed under
ch. 442 and designated by the governing body.
66.0609(4)
(4) The system under
sub. (1) is operative only if the comptroller or clerk is covered by a fidelity bond of not less than $5,000 in villages and 4th class cities, of not less than $10,000 in 3rd class cities, and of not less than $20,000 in 2nd class cities.
66.0609(5)
(5) If an alternative procedure is adopted by ordinance in conformity with this section, the claim procedure required by
ss. 61.25 (6),
61.51,
62.09 (10),
62.11 and
62.12 and other relevant provisions, except
s. 893.80, is not applicable in the city or village.
66.0611
66.0611
Political subdivisions prohibited from levying tax on incomes. No county, city, village, town, or other unit of government authorized to levy taxes may assess, levy or collect any tax on income, or measured by income, and any tax so assessed or levied is void.
66.0611 History
History: 1999 a. 150 s.
562; Stats. 1999 s. 66.0611.
