15.04(3)
(3) Deputy approvals. Positions for which appointment is made under
sub. (2) may be authorized only under
s. 16.505.
15.05(1)(a)(a) If a department is under the direction and supervision of a secretary, the secretary shall be nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor.
15.05(1)(b)
(b) Except as provided in
pars. (c) and
(d), if a department is under the direction and supervision of a board, the board shall appoint a secretary to serve at the pleasure of the board outside the classified service. In such departments, the powers and duties of the board shall be regulatory, advisory and policy-making, and not administrative. All of the administrative powers and duties of the department are vested in the secretary, to be administered by him or her under the direction of the board. The secretary, with the approval of the board, shall promulgate rules for administering the department and performing the duties assigned to the department.
15.05(1)(c)
(c) The secretary of natural resources shall be nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor.
15.05(1)(d)
(d) The secretary of agriculture, trade and consumer protection shall be nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor.
15.05(3)
(3) Executive assistant. Each secretary may appoint an executive assistant to serve at his or her pleasure outside the classified service. The executive assistant shall perform duties as the secretary prescribes. In this subsection, "secretary" includes the attorney general, the adjutant general, the director of the technical college system and the state superintendent of public instruction.
15.05(3m)
(3m) Field district or field area directors. Each secretary may appoint a director under the classified service for each district or area office established in his or her department under
s. 15.02 (3) (b).
15.05(4)
(4) Official oath. Each secretary shall take and file the official oath prior to assuming office.
15.05(5)
(5) Executive assistant approvals. Positions for which appointment is made under
sub. (3) may be authorized only under
s. 16.505.
15.05 Annotation
A secretary, appointed by the governor, could be removed only by the governor, even though the general appointment statute had been amended to provide that the secretary is appointed by a board to serve at the board's pleasure. Moses v. Board of Veterans Affairs,
80 Wis. 2d 411,
259 N.W.2d 102 (1977).
15.06
15.06
Commissions and commissioners. 15.06(1)(a)(a) Except as otherwise provided in this subsection, the members of commissions shall be nominated by the governor, and with the advice and consent of the senate appointed, for staggered 6-year terms expiring on March 1 of the odd-numbered years.
15.06(1)(ag)
(ag) Members of the Wisconsin waterways commission shall be nominated by the governor, and with the advice and consent of the senate appointed, for staggered 5-year terms.
15.06(1)(ar)
(ar) The commissioner of railroads shall be nominated by the governor, and with the advice and consent of the senate appointed, for a 6-year term expiring on March 1 of an odd-numbered year.
15.06(1)(b)
(b) The commissioner of insurance shall be nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor. The governor may remove from office the commissioner of insurance who was appointed for a fixed term before August 1, 1987.
15.06(1)(d)
(d) The members of the personnel commission shall be nominated by the governor, and with the advice and consent of the senate appointed, for 5-year terms, subject to the following conditions:
15.06(1)(d)1.
1. At least one member shall be licensed to practice law in this state.
15.06(1)(d)2.
2. They shall possess some professional experience in the field of personnel or labor relations.
15.06(1)(d)3.
3. No member may hold any other position in state employment.
15.06(1)(d)4.
4. No member, when appointed or for 3 years immediately prior to the date of appointment, may have been an officer of a committee in any political party, partisan political club or partisan political organization or have held or been a candidate for any partisan elective public office. No member may become a candidate for or hold any such office.
15.06(1)(d)5.
5. At no time may more than 2 members be adherents of the same political party.
15.06(1)(d)6.
6. Each member of the commission shall be a U.S. citizen and shall have been a resident of this state for at least 3 years.
15.06(2)
(2) Selection of officers. Each commission may annually elect officers other than a chairperson from among its members as its work requires. Any officer may be reappointed or reelected. At the time of making new nominations to commissions, the governor shall designate a member or nominee of each commission to serve as the commission's chairperson for a 2-year term expiring on March 1 of the odd-numbered year except that:
15.06(2)(a)
(a) Commencing March 1, 1979, and thereafter, the labor and industry review commission shall elect one of its members to serve as the commission's chairperson for a 2-year term expiring on March 1 of the odd-numbered year.
15.06(3)(a)(a) A commissioner may not hold any other office or position of profit or pursue any other business or vocation, but shall devote his or her entire time to the duties of his or her office. This paragraph does not apply to:
15.06(3)(a)3.
3. The members of the Wisconsin waterways commission.
15.06(3)(b)
(b) The commissioner of insurance shall not engage in any other occupation, business or activity that is in any way inconsistent with the performance of the duties of the commissioner of insurance, nor shall the commissioner hold any other public office.
15.06(4)
(4) Chairperson; administrative duties. The administrative duties of each commission shall be vested in its chairperson, to be administered by the chairperson under the statutes and rules of the commission and subject to the policies established by the commission.
15.06(4m)
(4m) Executive assistant. Each commission chairperson under
s. 230.08 (2) (m) and each commissioner of the public service commission may appoint an executive assistant to serve at his or her pleasure outside the classified service. The executive assistant shall perform duties as the chairperson or commissioner prescribes.
15.06(5)
(5) Frequency of meetings; place. Every commission shall meet on the call of the chairperson or a majority of its members. Every commission shall maintain its offices in Madison, but may meet or hold hearings at such other locations as will best serve the citizens of this state.
15.06(6)
(6) Quorum. A majority of the membership of a commission constitutes a quorum to do business, except that vacancies shall not prevent a commission from doing business. This subsection does not apply to the parole commission.
15.06(7)
(7) Reports. Every commission attached to a department shall submit to the head of the department, upon request of that person not more often than annually, a report on the operation of the commission.
15.06(8)
(8) Official oath. Every commissioner shall take and file the official oath prior to assuming office.
15.06(9)
(9) Executive assistant approvals. Positions for which appointment is made under
sub. (4m) may be authorized only under
s. 16.505.
15.06 History
History: 1971 c. 193,
307;
1977 c. 29,
196,
274;
1981 c. 347;
1983 a. 27,
371,
410,
538;
1985 a. 29;
1987 a. 27,
403;
1989 a. 31;
1991 a. 39,
269,
316;
1993 a. 16,
123;
1995 a. 27;
1997 a. 27;
2001 a. 16.
15.06 Annotation
A single member of the personnel commission is empowered to act as the commission when 2 of the 3 commission positions are vacant. 68 Atty. Gen. 323.
15.06 Annotation
A commissioner designated as chairperson of the commission under sub. (2) is not appointed to a new position, and Art. IV, s. 26, precludes a salary increase based on that designation.
76 Atty. Gen. 52.
15.06 Annotation
Sub. (3) (a) prohibits a commissioner from pursuing business interests that would prevent properly fulfilling the duties of the office.
77 Atty. Gen. 36.
15.07(1)(a)(a) If a department or independent agency is under the direction and supervision of a board, the members of the board, other than the members serving on the board because of holding another office or position, shall be nominated by the governor, and with the advice and consent of the senate appointed, to serve for terms prescribed by law, except:
15.07(1)(a)1.
1. Members of the higher educational aids board shall be appointed by the governor without senate confirmation.
15.07(1)(a)2.
2. Members of the elections board shall be appointed as provided in
s. 15.61.
15.07(1)(a)3.
3. Members of the employee trust funds board appointed or elected under
s. 15.16 (1) (a),
(b),
(d) and
(f) shall be appointed or elected as provided in that section.
15.07(1)(a)4.
4. Members of the investment board appointed under
s. 15.76 (3) shall be appointed as provided in that section.
15.07(1)(a)5.
5. The members of the educational communications board appointed under
s. 15.57 (5) and
(7) shall be appointed as provided in that section.
15.07(1)(a)6.
6. Members of the University of Wisconsin Hospitals and Clinics Board appointed under
s. 15.96 (8) shall be appointed by the governor without senate confirmation.
15.07(1)(b)
(b) For each board not covered under
par. (a), the governor shall appoint the members of the board, other than the members serving on the board because of holding another office or position and except as otherwise provided, for terms prescribed by law except that all members of the following boards, or all members of the following boards specified in this paragraph, other than the members serving on a board because of holding another office or position, shall be nominated by the governor, and with the advice and consent of the senate appointed, for terms provided by law:
Effective date note
Note: Subd. 16. is repealed eff. 9-1-03 by
1997 Wis. Act 27.
Effective date note
Note: Subd. 22. is repealed eff. 1-1-10 by
1999 Wis. Act 9.
15.07(1)(c)
(c) Except as provided under
par. (cm), fixed terms of members of boards shall expire on May 1 and, if the term is for an even number of years, shall expire in an odd-numbered year.
15.07(1)(cm)
(cm) The term of one member of the ethics board shall expire on each May 1. The terms of 3 members of the development finance board appointed under
s. 15.155 (1) (a) 6. shall expire on May 1 of every even-numbered year and the terms of the other 3 members appointed under
s. 15.155 (1) (a) 6. shall expire on May 1 of every odd-numbered year. The terms of the 3 members of the land and water conservation board appointed under
s. 15.135 (4) (b) 2. shall expire on January 1. The term of the member of the land and water conservation board appointed under
s. 15.135 (4) (b) 2m. shall expire on May 1 of an even-numbered year. The terms of members of the real estate board shall expire on July 1. The terms of the appraiser members of the real estate appraisers board and the terms of the auctioneer and auction company representative members of the auctioneer board shall expire on May 1 in an even-numbered year.
15.07(1)(cs)
(cs) No member of the auctioneer board, real estate appraisers board or real estate board may be an officer, director or employee of a private organization that promotes or furthers any profession or occupation regulated by that board.
15.07(2)
(2) Selection of officers. At its first meeting in each year, every board shall elect a chairperson, vice chairperson and secretary each of whom may be reelected for successive terms, except that:
15.07(2)(a)
(a) The chairperson and vice chairperson of the investment board shall be designated biennially by the governor.
15.07(2)(b)
(b) The chairperson of the board on health care information shall be designated biennially by the governor.
15.07(2)(d)
(d) The officers elected by the board of regents of the University of Wisconsin System and the technical college system board shall be known as a president, vice president and secretary.
15.07(2)(e)
(e) The representative of the department of justice shall serve as chairperson of the claims board and the representative of the department of administration shall serve as its secretary.
15.07(2)(f)
(f) The state superintendent of public instruction or his or her designated representative shall serve as chairperson of the school district boundary appeal board.
15.07(2)(g)
(g) A representative of the department of justice designated by the attorney general shall serve as nonvoting secretary to the law enforcement standards board.
15.07(2)(h)
(h) The chairperson of the state fair park board shall be designated annually by the governor from among the members appointed under
s. 15.445 (4) (a) 3.,
4. and
5.
15.07(2)(j)
(j) At its first meeting in each even-numbered year, the state capitol and executive residence board shall elect officers for 2-year terms.
15.07(2)(k)
(k) The governor shall serve as chairperson of the governor's work-based learning board.
15.07(2)(L)
(L) The governor shall serve as chairperson of the information technology management board and the chief information officer shall serve as secretary of that board.
