15.04
15.04
Heads of departments and independent agencies; powers and duties. 15.04(1)
(1)
Duties. Each head of a department or independent agency shall:
15.04(1)(a)
(a)
Supervision. Except as provided in
s. 15.03, plan, direct, coordinate and execute the functions vested in the department or independent agency.
15.04(1)(b)
(b)
Budget. Biennially compile a comprehensive program budget which reflects all fiscal matters related to the operation of the department or independent agency and each program, subprogram and activity therein.
15.04(1)(c)
(c)
Advisory bodies. In addition to any councils specifically created by law, create and appoint such councils or committees as the operation of the department or independent agency requires. Members of councils and committees created under this general authority shall serve without compensation, but may be reimbursed for their actual and necessary expenses incurred in the performance of their duties and, if such reimbursement is made, such reimbursement in the case of an officer or employee of this state who represents an agency as a member of such a council or committee shall be paid by the agency which pays the officer's or employee's salary.
15.04(1)(d)
(d)
Biennial report. On or before October 15 of each odd-numbered year, submit to the governor and the chief clerk of each house of the legislature, for distribution to the legislature under
s. 13.172 (2), a report on the performance and operations of the department or independent agency during the preceding biennium, and projecting the goals and objectives of the department or independent agency as developed for the program budget report. The secretary of administration may prescribe the format of the report and may require such other information deemed appropriate. Each department or independent agency shall provide a copy of its biennial report to legislators upon request. Any department or independent agency may issue such additional reports on its findings and recommendations as its operations require. A department or independent agency may, on or before October 15, submit an annual report prepared by it, in place of the biennial report required under this paragraph, if the submission of the annual reports is approved by the secretary of administration.
15.04(1)(e)
(e)
Seal. Have authority to adopt a seal for the department or independent agency.
15.04(1)(f)
(f)
Bonds. Have authority to require that any officer or employee of the department or independent agency give an official bond under
ch. 19, if the secretary of administration agrees that the position held by such officer or employee requires bonding.
15.04(1)(g)
(g)
Discrimination review. In order to determine whether there is any arbitrary discrimination on the basis of race, religion, national origin, sex, marital status or sexual orientation as defined in
s. 111.32 (13m), examine and assess the statutes under which the head has powers or regulatory responsibilities, the procedures by which those statutes are administered and the rules promulgated under those statutes. If the department or agency head finds any such discrimination, he or she shall take remedial action, including making recommendations to the appropriate executive, legislative or administrative authority.
15.04(1)(i)
(i)
Records and forms management program. Establish and maintain a records and forms management program.
15.04(1)(j)
(j) Records and forms officer. Appoint a records and forms officer, who shall be responsible for compliance by the department or independent agency with all records and forms management laws and rules and who may prevent any form from being put into use.
15.04(1)(k)
(k)
Form numbering and filing system. Establish a numbering and filing system for forms.
15.04(1)(m)
(m)
Notice on forms. See that each form used by the department or independent agency to seek information from municipalities, counties or the public contains on the first page of the form, or in the instructions for completing the form, a conspicuous notice of the authorization for the form, whether or not completing the form is voluntary, if it is not voluntary, the penalty for failure to respond and whether or not any personally identifiable information, as defined under
s. 19.62 (5), requested in the form is likely to be used for purposes other than for which it is originally being collected. This paragraph does not apply to state tax forms.
15.04(2)
(2) Deputy. Each secretary of a department or head of an independent agency under
s. 230.08 (2) (L) may appoint a deputy who shall serve at the pleasure of the secretary or agency head outside the classified service. The deputy shall exercise the powers, duties and functions of the secretary or head in the absence of the secretary or head, and shall perform such other duties as the secretary or head prescribes. The adjutant general may appoint 2 deputies as described in
s. 321.10 (1) (b) and
(c). In this subsection "secretary" includes the attorney general and the state superintendent of public instruction.
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(1m)
(1m) Secretary of veterans affairs. Before making his or her nomination for the secretary of veterans affairs, the governor shall personally consult with the presiding officers of at least 6 Wisconsin veterans organizations.
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.
15.06
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(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 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;
2003 a. 33; 2005, a. 149;
2009 a. 28;
2011 a. 38.
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 government accountability board shall be nominated by the governor, and with the advice and consent of two-thirds of the members of the senate present and voting shall be appointed, to serve for terms prescribed by law.
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)(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:
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 government accountability board shall expire on each May 1. 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 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. The terms of the members of the cemetery board shall expire on July 1 in an even-numbered year. The term of the student member of the Board of Regents of the University of Wisconsin System who is at least 24 years old shall expire on May 1 of every even-numbered year.
15.07(1)(cs)
(cs) No member of the auctioneer board, cemetery board, or real estate appraisers 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 governmental accountability board shall be chosen by lot by the current chairperson of the board at the first meeting of the board in January of each year.
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)(L)
(L) The governor shall serve as chairperson of the information technology management board and the secretary of administration or his or her designee shall serve as secretary of that board.
