59.03 Annotation
In a county that does not have a county executive or administrator, the personnel committee of the county board does not possess the statutory authority to remove the county social services director. The county board may not, under s. 59.025 [now s. 59.03 (1)], transfer the authority to appoint.
81 Atty. Gen. 145.
59.04
59.04
Construction of powers. To give counties the largest measure of self-government under the administrative home rule authority granted to counties in
s. 59.03 (1), this chapter shall be liberally construed in favor of the rights, powers and privileges of counties to exercise any organizational or administrative power.
59.04 History
History: 1985 a. 29;
1995 a. 201 s.
98; Stats. 1995 s. 59.04.
59.05
59.05
County seat; change. 59.05(1)(1) The county seat shall be fixed and designated by the board at the first regular meeting after the organization of any county; and no county seat shall be changed except as provided in this section.
59.05(2)
(2) If two-fifths of the legal voters of any county, to be determined by the registration or poll lists of the last previous general election held in the county, the names of which voters shall appear on some one of the registration or poll lists of such election, present to the board a petition conforming to the requirements of
s. 8.40 asking for a change of the county seat to some other place designated in the petition, the board shall submit the question of removal of the county seat to a vote of the qualified voters of the county. The board shall file the question as provided in
s. 8.37. The election shall be held only on the day of the general election, notice of the election shall be given and the election shall be conducted as in the case of the election of officers on that day, and the votes shall be canvassed, certified and returned in the same manner as other votes at that election. The question to be submitted shall be "Shall the county seat of .... county be removed to ....?".
59.05(3)
(3) If a majority of the votes cast at the election are in favor of the proposed change, the chairperson of the board shall certify the same, with the attestation of the county clerk, to the governor, who shall issue a proclamation to that effect and publish it in the official state paper. From the date of publication the place designated shall be the county seat. The board may not again submit the question of removal within 5 years.
59.05(4)
(4) Notwithstanding
subs. (2) and
(3), no election to change a county seat may be held for a period of 5 years after the year in which a courthouse or other county building costing $3,000 or more was built at the county seat and occupied for county purposes.
59.05 Annotation
When 40% of registered voters were denied ballots in an election to remove a county seat, the election was set aside even though the outcome probably was not affected. McNally v. Tollander,
100 Wis. 2d 490,
302 N.W.2d 440 (1981).
59.06
59.06
County property. 59.06(1)(1)
How held. County property shall be held by the clerk in the name of the county. All property, real or personal, conveyed to the county or to its inhabitants or to any person for the use of the county or its inhabitants is county property. Such conveyances have the same effect as if made directly to the county by name.
59.06(2)
(2) Effect of transfer. All deeds, contracts and agreements made on behalf of the county under the directions of the board under
s. 59.52 (6), when signed and acknowledged by the clerk and the county seal is attached, are valid and binding on the county to the extent of the terms of the instrument and the right, title and interest which the county has in the property.
59.06 History
History: 1995 a. 201 s.
402; Stats. 1995 s. 59.06.
59.06 Cross-reference
Cross-reference: See ss.
75.35 and
75.69 for restrictions on the sale of tax deeded land.
59.07
59.07
Claims against counties; actions on. 59.07(1)
(1) No action may be brought or maintained against a county upon a claim or upon a cause of action unless the claimant complies with
s. 893.80. This subsection does not apply to actions commenced under
s. 19.37,
19.97 or
281.99.
59.07(2)
(2) No action may be brought or maintained against a county, for disclosure of information that is received under
s. 342.20 (3) and maintained under
s. 342.20 (4) or that is received under
s. 30.572 (4) and maintained under
s. 30.572 (5).
59.08
59.08
Consolidation of counties; procedure; referendum. 59.08(1)(1) Any 2 or more adjoining counties may consolidate into a single county by complying with the requirements and procedure herein specified.
59.08(2)
(2) The boards of any 2 or more adjoining counties desiring to consolidate their respective counties into a single county may enter into a joint agreement for the consolidation of the counties, setting forth in the consolidation agreement all of the following:
59.08(2)(a)
(a) The names of the several counties which they propose to be consolidated.
59.08(2)(b)
(b) The name under which it is proposed to consolidate the counties, which name shall be such as to distinguish it from the name of any other county in Wisconsin, other than the consolidating counties.
59.08(2)(c)
(c) The property, real and personal, belonging to each county, and the current fair market value thereof.
59.08(2)(d)
(d) The indebtedness, bonded and otherwise, of each county.
59.08(2)(e)
(e) The proposed name and location of the county seat of the consolidated county.
59.08(2)(f)
(f) If the counties have different forms of county organization and government, the proposed form of county organization and government of the consolidated county.
59.08(3)
(3) The board of each county may appoint an advisory committee composed of 3 persons to assist the board in the preparation of the agreement.
59.08(4)
(4) The original of the consolidation agreement, together with a petition on behalf of the several boards, signed by the chairperson of each of the boards, asking that a referendum on the question of consolidation of the several counties be ordered, shall be filed with the clerk of the circuit court of one of the counties and a copy of the consolidation agreement and of the petition shall be filed with the clerk of the circuit court of each of the other counties.
59.08(5)
(5) The qualified electors of each county involved in the consolidation proposal whose board has not taken the initiative under
sub. (2) may, by filing with the board a petition conforming to the requirements of
s. 8.40, signed by not less than 20% of the qualified electors of the county, based on the total vote cast for governor at the last general election, asking the board to effect a consolidation agreement with the county or counties named in the petition, and asking for a referendum on the question, require the board to so proceed. A copy of the petition of the electors shall also be filed with the clerk of the circuit court of the county. If the board is able within 6 months thereafter to effect the consolidation agreement, the procedure shall be the same as set forth in this section. If the board within that period of time is unable or for any reason fails to perfect the consolidation agreement, then the judge of the circuit court of the county shall appoint a committee of 5 representative citizens of the county, to act for and in lieu of the board in perfecting the consolidation agreement and in petitioning for a referendum.
59.08(6)
(6) The board shall publish the consolidation agreement as a class 1 notice under
ch. 985. The owner-editor or manager of each newspaper publishing the notice shall issue a certificate of the publication to the judge of the circuit court for each affected county, which shall be proof of publication.
59.08(7)(a)(a) When publication of the consolidation agreement in each of the counties included in the agreement is completed, the judges of the circuit courts of those counties shall, by order entered of record in each of the counties, require the clerks of each of the counties to submit the question of the consolidation of the counties to a vote of the qualified electors of the counties.
59.08(7)(b)
(b) The question of the consolidation of the counties shall be submitted to the voters at the next election to be held on the first Tuesday in April, or the next regular election, or at a special election to be held on the day fixed in the order issued under
par. (a), which day shall be the same in each of the counties proposing to consolidate. A copy of the order shall be filed with the county clerk of each of the counties as provided in
s. 8.37. If the question of consolidation is submitted at a special election, it shall be held not less than 42 days nor more than 60 days from the completion of the consolidation agreement, but not within 60 days of any spring or general election.
59.08(8)
(8) The clerk shall notice such election as other elections. The ballots shall be provided by the clerk and shall be in substantially the following form:
OFFICIAL REFERENDUM BALLOT
If you desire to vote for the consolidation of .... (insert names of counties proposing to consolidate) counties under a consolidation agreement, make a cross (7) in the square after the word "Yes", underneath the question; if you desire to vote against consolidation, make a cross (7) in the square after the word "No", underneath the question.
Shall .... (here insert names of counties proposing to consolidate) counties consolidate under a consolidation agreement?
YES ⍽ NO ⍽
59.08(9)
(9) The ballot shall have on the back or reverse side the endorsements provided by law for ballots for general elections and shall be marked by the elector and counted and canvassed as other ballots cast on questions in the county are counted and canvassed. The election shall be conducted by the same officers and in the same manner as are other elections in the county. The results of the election shall be certified to the judges of the circuit courts for the counties.
59.08(10)
(10) If a majority of the votes cast in each county upon the question of consolidation are in favor of the consolidation of the counties, the judge of the circuit court shall enter that fact of record in each county. If in any one of the counties less than a majority of the votes cast upon the question of consolidation are in favor of the proposed consolidation, the consolidation shall be declared to have failed for all purposes. If a majority of the votes cast upon the question of consolidation in any county are opposed to consolidation, the question of consolidation shall not be again submitted to the electors of that county for a period of 2 years.
59.08(11)
(11) At the next succeeding regular November election, held at least 60 days after the election at which consolidation is approved by the voters, there shall be elected for the consolidated county all county officers provided for by law and the officers shall be nominated as provided in
ch. 6. Their terms shall begin on the first Monday of January next succeeding their election, at which time they shall replace all elective county officers of the counties that are consolidated into the consolidated county whose terms shall on that day terminate. All appointive county officers shall be appointed by the person, board or authority upon whom the power to appoint such officers in other counties is conferred. The terms of the officers shall commence on the first Monday of January next succeeding the first election of officers for the consolidated county, and shall continue, unless otherwise removed, until their successors have been appointed and qualified. The successors of all officers whose first election or appointment is provided for in this subsection shall thereafter be elected or appointed at the time, in the manner and for the terms provided by law.
59.08(13)
(13) Upon the first Monday of January following the first election of county officers for the consolidated county, the several counties shall thereafter for all purposes be treated and considered as one county, under the name and upon the terms and conditions set forth in the consolidation agreement. All rights, privileges, and franchises of each of the several counties, and all records, books, and documents, and all property, real and personal, and all debts due on whatever account, as well as other things in action, belonging to each of the counties, shall be considered transferred to and vested in the consolidated county, without further act or deed. All property, all rights-of-way, and all and every other interest shall be as effectually the property of the consolidated county as they were of the several counties before the consolidation. The title to real estate, either by deed or otherwise, under the laws of this state vested in any of the counties, shall not be considered to revert or be in any way impaired by reason of this consolidation. The rights of creditors and all liens upon the property of any of the counties shall be preserved unimpaired, and the respective counties shall be considered to continue in existence to preserve the same and all debts, liabilities and duties of any of the counties shall attach to the consolidated county and be enforced against it to the same extent as if the debts, liabilities and duties had been incurred or contracted by it, unless by the terms of the agreement the outstanding bonded indebtedness of the counties shall not be transferred and attached to the consolidated county, but shall remain as obligations of the counties which for such purpose shall be considered to continue in existence.
59.08(14)
(14) Suits may be brought and maintained against the consolidated county in any of the courts of this state in the same manner as against any other county. Any action or proceeding pending by or against any of the counties consolidated may be prosecuted to judgment as if the consolidation had not taken place, or the consolidated county may be substituted in its place. The towns, school districts, election districts and voting places in the consolidated county shall continue as in the several counties before consolidation, unless and until changed in accordance with law.
59.08(15)
(15) Until changed by law, the same circuit courts shall continue, though it may result in the consolidated county being a part of 2 or more circuits. All such courts shall, however, be held at the place designated as the county seat of the consolidated county, and each such court and the judge of that court shall continue to have and exercise the same jurisdiction as the court or the judge had and exercised before the consolidation. If 2 or more judges have jurisdiction in any consolidated county they or a majority of them shall exercise the power to appoint officers and fill vacancies as is vested in judges of circuit courts of other counties.
59.08(16)
(16) For the purpose of representation in congress and in the legislature the existing congressional, senatorial and assembly districts shall continue until changed in accordance with law. The consolidated county shall in all respects, except as otherwise provided in this section, be subject to all the obligations and liabilities imposed, and shall possess all the rights, powers and privileges vested by law in other counties.
59.08(17)
(17) The provisions of this section shall be considered cumulative and the authority granted in this section to counties shall not be limited or made inoperative by any existing statute.
COUNTY BOARD OF SUPERVISORS
59.10
59.10
Boards: composition; election; terms; compensation; compatibility. The boards of the several counties shall be composed of representatives from within the county who are elected and compensated as provided in this section. Each board shall act under
sub. (2),
(3) or
(5), unless the board enacts an ordinance, by a majority vote of the entire membership, to act under
sub. (1). If a board enacts such ordinance, a certified copy shall be filed with the secretary of state.
59.10(1)(a)(a) Number of supervisors and apportionment of supervisory districts. In each county with a population of at least 500,000,
sub. (2) (a) and
(b) applies. In counties with a population of less than 500,000 and more than one town,
sub. (3) (a) to
(c) applies. In counties with one town only,
sub. (5) applies.
59.10(1)(b)
(b)
Terms. The term of office of supervisors is 2 years. A board may determine whether the terms shall be concurrent or staggered. Supervisors shall be elected at the election to be held on the first Tuesday in April next preceding the expiration of their respective terms and shall take office on the 3rd Tuesday in April following their election. If the board determines that supervisors shall serve staggered terms, the board shall, by ordinance, provide for a division of supervisors into 2 classes, one class to be elected for one-half of a full term and the other class for a full term and thereafter the supervisors shall be elected for a full term. The board shall publish the ordinance as a class 1 notice, under
ch. 985, before publication of the notice of the election at which supervisors are to be elected.
59.10(1)(c)
(c)
Compensation. The method of compensation for supervisors shall be determined by the board.
59.10(1)(d)
(d)
Vacancies. A board may determine the procedure for filling a vacancy.
59.10(2)
(2) Milwaukee County. In each county with a population of at least 500,000:
59.10(2)(a)
(a)
Composition; supervisory districts. Within 60 days after the population count by block, established in the decennial federal census of population, and maps showing the location and numbering of census blocks become available in printed form from the federal government or are published for distribution by an agency of this state, but no later than July 1 following the year of each decennial census, the board shall adopt and transmit to the governing body of each city and village wholly or partially contained within the county a tentative county supervisory district plan to be considered by the cities and villages when dividing into wards. The plan shall specify the number of supervisors to be elected and shall divide the county into a number of districts equal to the number of supervisors, with each district substantially equal in population and consisting of contiguous whole wards. Except as otherwise provided in this paragraph, the board shall develop and adopt the tentative plan in accordance with
sub. (3) (b) 1. The board shall adopt a final plan by enacting an ordinance in accordance with
sub. (3) (b) 2. to
4.
59.10(2)(b)
(b)
Election; term. Supervisors shall be elected for 4-year terms at the election to be held on the first Tuesday in April next preceding the expiration of their respective terms, and shall take office on the 3rd Monday in April following their election.
59.10(2)(c)
(c)
Compensation. Each supervisor shall be paid by the county an annual salary set by the board. The board may provide additional compensation for the chairperson.
Section 66.0505 applies to this paragraph.
59.10(3)(a)(a)
Classification; maximum number of supervisors. Counties with a population of less than 500,000 and more than one town are classified and entitled to a maximum number of supervisors as follows:
59.10(3)(a)1.
1. Counties with a population of less than 500,000 but at least 100,000 shall have no more than 47 supervisors.
59.10(3)(a)2.
2. Counties with a population of less than 100,000 but at least 50,000 shall have no more than 39 supervisors.
59.10(3)(a)3.
3. Counties with a population of less than 50,000 but at least 25,000 shall have no more than 31 supervisors.
59.10(3)(a)4.
4. Counties with a population of less than 25,000 and containing more than one town shall have no more than 21 supervisors.
59.10(3)(a)5.
5. If the population of any county is within 2% of the minimum population for the next most populous grouping under this paragraph, the board thereof, in establishing supervisory districts, may employ the maximum number for such districts set for such next most populous grouping.
59.10(3)(b)1.1. Within 60 days after the population count by block, established in the decennial federal census of population, and maps showing the location and numbering of census blocks become available in printed form from the federal government or are published for distribution by an agency of this state, but no later than July 1 following the year of each decennial census, each board shall propose a tentative county supervisory district plan setting forth the number of supervisory districts and tentative boundaries or a description of boundary requirements, hold a public hearing on the proposed plan and adopt a tentative plan. The proposed plan may be amended after the public hearing. The board shall solicit suggestions from municipalities concerning the development of an appropriate plan. The board shall transmit to each municipal governing body in the county the tentative plan that is adopted. Each district shall consist of whole wards or municipalities. Each district shall be designated to be represented by one supervisor, and all districts shall be substantially equal in population. In the tentative plan, the board shall, whenever possible, place whole contiguous municipalities or contiguous parts of the same municipality within the same district. If the division of a municipality is sought by the board, the board shall provide with the plan a written statement to the municipality affected by each proposed division specifying the approximate location of the territory from which a ward is sought to be created for contiguity purposes and the approximate population of the ward proposed to effectuate the division.
59.10(3)(b)2.
2. Within 60 days after every municipality in the county adjusts its wards under
s. 5.15, the board shall hold a public hearing and shall then adopt a final supervisory district plan, numbering each district. Wards within each supervisory district created by the plan shall be contiguous, except that one or more wards located within a city or village which is wholly surrounded by another city or water, or both, may be combined with one or more noncontiguous wards, or one or more wards or portions of wards consisting of island territory as defined in
s. 5.15 (2) (f) 3. may be combined with one or more noncontiguous wards or portions of wards within the same municipality, to form a supervisory district.
59.10(3)(b)3.
3. In this paragraph, a district which includes territory connected to other territory from corner to corner is contiguous.
59.10(3)(b)4.
4. The chairperson of the board shall file a certified copy of the final districting plan with the secretary of state.
59.10(3)(c)
(c)
Changes during decade. After the enactment of a plan of supervisory districts under
par. (b), a municipal incorporation, annexation, detachment or consolidation may serve as a basis for altering between federal decennial censuses the boundaries of supervisory districts, in the discretion of the board. The number of supervisory districts in the county shall not be changed by any action under this paragraph. Any plan of county supervisory districts enacted under
par. (b) may be amended under this paragraph but shall remain in effect as amended until superseded by another plan enacted by the board under
par. (b) and filed with the secretary of state.
59.10(3)(d)
(d)
Election and term of supervisors. Supervisors are county officers, shall be elected for 2-year terms at the election to be held on the first Tuesday in April in even-numbered years and shall take office on the 3rd Tuesday in April of that year.
59.10(3)(e)
(e)
Vacancies. If a vacancy occurs on the board, the board chairperson with the approval of the board shall appoint a person who is a qualified elector and resident of the supervisory district to fill the vacancy for the unexpired portion of the term to which the person is appointed and until his or her successor is elected and qualified.
59.10(3)(f)
(f)
Compensation. Each supervisor shall be paid a per diem by the county for each day that he or she attends a meeting of the board. Any board may, at its annual meeting, by a two-thirds vote of all the members, fix the compensation of the board members to be next elected. Any board may also provide additional compensation for the chairperson.
59.10(3)(g)
(g)
Mileage. Each supervisor shall, for each day that he or she attends a meeting of the board, receive mileage for each mile traveled in going to and returning from the meetings by the most usual traveled route at the rate established by the board under
s. 59.22 as the standard mileage allowance for all county employees and officers.
59.10(3)(h)
(h)
Limitation on compensation. Except for services as a member of a committee as provided in
s. 59.13 no supervisor shall be paid for more days' attendance on the board in any year than is set out in this schedule: in counties having a population of less than 25,000, 20 days; at least 25,000 but less than 100,000, 25 days; at least 100,000 but less than 500,000, 30 days.
59.10(3)(i)
(i)
Alternative compensation. As an alternative method of compensation, in counties having a population of less than 500,000, including counties containing only one town, the board may at its annual meeting, by a two-thirds vote of the members entitled to a seat, fix the compensation of the supervisors to be next elected at an annual salary for all services for the county including all committee services, except the per diem allowance for services in acquiring highway rights-of-way set forth in
s. 84.09 (4). The board may, in like manner, allow additional salary for the members of the highway committee and for the chairperson of the board. In addition to the salary, the supervisors shall receive mileage as provided in
par. (g) for each day's attendance at board meetings or for attendance at not to exceed 2 committee meetings in any one day.
59.10(3)(j)
(j)
Supplementary compensation. The board, in establishing an annual salary, may enact an ordinance providing for a per diem for all committee meetings attended in excess of 40 committee and board meetings.
59.10(4)
(4) Compatibility. No county officer or employee is eligible for election or appointment to the office of supervisor, but a supervisor may also be a member of a committee, board or commission appointed by the county executive or county administrator or appointed or created by the county board, a town board, a mosquito control district, the common council of his or her city, the board of trustees of his or her village or the board of trustees of a county institution appointed under
s. 46.18.
59.10(5)
(5) Counties having only one town. In all counties containing one town only, the board shall consist of the members of the town board and one supervisor from every village. A supervisor from a village shall be elected at the time the other village officers are elected. A majority of the members shall constitute a quorum of the county board. Each supervisor shall receive compensation and mileage as provided in
sub. (3) (f) and
(g). The chairperson of the board elected under
s. 59.12 (1) may be, but need not be, the same person who is elected chairperson of the town board under
s. 60.21 (3) (a).
59.10(6)
(6) Enforcement of division requirement. If a county fails to comply with
sub. (2) (a) or
(3) (b), any municipality located in whole or in part within the county or any elector of the county may submit to the circuit court for the county within 14 days from the expiration of either 60-day period under
sub. (2) (a) or
(3) (b) a proposed tentative or final plan for creation of supervisory districts in compliance with this section. If the court finds that the existing division of the county into supervisory districts fails to comply with this section, it shall review the plan submitted by the petitioner and after reasonable notice to the county may promulgate the plan, or any other plan in compliance with this section, as a temporary supervisory district plan until superseded by a districting plan adopted by the board in compliance with this section.
59.10 History
History: 1971 c. 134,
211,
304;
1973 c. 118 ss.
2 to
4,
7;
1973 c. 334 s.
57;
1973 c. 336;
1975 c. 93 s.
113;
1975 c. 116,
200;
1977 c. 427;
1979 c. 34,
89,
122,
260;
1981 c. 4,
390;
1983 a. 29;
1983 a. 192 ss.
115,
303 (1), (2);
1983 a. 484;
1983 a. 532 s.
36;
1985 a. 29,
304;
1989 a. 56 s.
258;
1991 a. 5,
316;
1993 a. 490;
1995 a. 16 s.
2;
1995 a. 201 s.
100; Stats. 1995 s. 59.10;
1997 a. 35;
1999 a. 150 s.
672;
2001 a. 107.
59.10 Cross-reference
Cross-reference: See s.
17.21 (5) for provision as to filling vacancies on county boards in counties over 500,000.
59.10 Cross-reference
Cross-reference: See s.
59.20 (1) for county supervisor residency requirements.
59.10 Cross-reference
Cross-reference: See s.
66.0505 for restrictions on changes in compensation of county board members.
