66.0501(2)
(2) Eligibility of other officers. Except as expressly authorized by statute, no member of a town, village or county board, or city council, during the term for which the member is elected, is eligible for any office or position which during that term has been created by, or the selection to which is vested in, the board or council, but the member is eligible for any elective office. The governing body may be represented on city, village or town boards and commissions where no additional compensation, except a per diem, is paid to the representatives of the governing body and may fix the tenure of these representatives notwithstanding any other statutory provision. A representative of a governing body who is a member of a city, village or town board or commission may receive a per diem only if the remaining members of the board or commission may receive a per diem. This subsection does not apply to a member of any board or council described in this subsection who resigns from the board or council before being appointed to an office or position which was not created during the member's term in office.
66.0501(3)
(3) Appointments on consolidation of offices. Whenever offices are consolidated, the occupants of which are members of the same statutory committee or board and which are serving in that office because of holding another office or position, the common council or village board may designate another officer or officers or make any additional appointments as may be necessary to procure the number of committee or board members provided for by statute.
66.0501(4)
(4) Compatible offices and positions. A volunteer fire fighter, emergency medical technician, or first responder in a city, village, or town whose annual compensation from one or more of those positions, including fringe benefits, does not exceed the amount specified in
s. 946.13 (2) (a) may also hold an elective office in that city, village, or town. It is compatible with his or her office for an elected town officer to receive wages under
s. 60.37 (4) for work that he or she performs for the town.
66.0501(5)(a)1.
1. "Political subdivision" means a city, village, town, or county.
66.0501(5)(a)2.
2. "Public employee" means any individual employed by a political subdivision, other than an individual to whom
s. 164.06 applies and other than an individual to whom
5 USC 1502 (a) (3) applies.
66.0501(5)(b)
(b) No political subdivision may prohibit a public employee from being a candidate for any elective public office, if that individual is otherwise qualified to be a candidate. No public employee may be required, as a condition of being a candidate for any elective public office, to take a leave of absence during his or her candidacy. This subsection does not affect the authority of a political subdivision to regulate the conduct of a public employee while the public employee is on duty or otherwise acting in an official capacity.
66.0501 Annotation
A citizenship requirement for peace officers is constitutional. 68 Atty. Gen. 61.
66.0501 Annotation
The offices of commissioner of a town sanitary district and supervisor of a town board are incompatible when the town board also serves as the appointing authority for the commissioners. 69 Atty. Gen. 108.
66.0501 Annotation
A sitting member of a county board must resign the office of supervisor before being appointed to the permanent position of county administrative coordinator under this section.
OAG 1-11.
66.0503
66.0503
Combination of municipal offices. 66.0503(1)
(1) The office of county supervisor may be consolidated by charter ordinance under
s. 66.0101:
66.0503(1)(a)
(a) With the office of village president in any village which has boundaries coterminous with the boundaries of any supervisory district established under
s. 59.10 (3).
66.0503(1)(b)
(b) With the office of alderperson or council member in any city in which the district from which the alderperson or council member is elected is coterminous with the boundaries of any supervisory district established under
s. 59.10 (3).
66.0503(2)
(2) After the effective date of adoption or repeal of a charter ordinance under this section, the clerk of the municipality shall file a copy of the ordinance with the clerk of the county within which the supervisory district lies. When so consolidated, nomination papers shall contain that number of signatures required under
s. 8.10 for county supervisors and shall be filed in the office of the county clerk.
66.0503(3)
(3) Removal from office of any incumbent of an office consolidated under this section vacates the office in its entirety whether effected under
ss. 17.09,
17.12 and
17.13 or other pertinent statute.
66.0503(4)
(4) Compensation for an office consolidated under this section shall be separately established by the several governing bodies affected by the consolidation as though no consolidation of offices had occurred.
66.0503(5)
(5) Tenure for an officer of an office consolidated under this section shall coincide with the term for county supervisors.
66.0505
66.0505
Compensation of governing bodies. 66.0505(1)(a)
(a) "Elective officer" means a member or member-elect of the governing body of a political subdivision.
66.0505(1)(b)
(b) "Political subdivision" means any city, village, town, or county.
66.0505(2)
(2) Establishment of salary. An elected official of any political subdivision, who by virtue of the office held by that official is entitled to participate in the establishment of the salary attending that office, shall not during the term of the office collect salary in excess of the salary provided at the time of that official's taking office. This provision is of statewide concern and applies only to officials elected after October 22, 1961.
66.0505(3)(a)1.1. Notwithstanding the provisions of
s. 59.10 (1) (c),
(2) (c),
(3) (f) to
(j),
60.32,
61.193,
61.32, or
62.09 (6), an elective officer may send written notification to the clerk and treasurer of the political subdivision on whose governing body he or she serves that he or she wishes to refuse to accept the salary that he or she is otherwise entitled to receive.
66.0505(3)(a)2.
2. Except as provided in
subd. 3., to be valid the notification must be sent no later than 30 days after an elective officer's election is certified, and the notification applies only to the taxable year in which the officer's election is certified or, if the elective officer's current taxable year ends within 3 months of his or her certification, the notification applies until the end of his or her next taxable year.
66.0505(3)(a)3.
3. Except as provided in
subd. 2., to be valid the notification must be sent at least 30 days before the start of the elective officer's next taxable year, and the notification applies only to that taxable year although the notification may be renewed annually as provided in this subdivision.
66.0505(3)(a)4.
4. If a clerk and treasurer receive notification as described in
subd. 2. or
3., the treasurer may not pay the elective officer his or her salary during the time period to which the notification applies. Upon receipt of such notification, the political subdivision's treasurer shall not pay the elective officer the salary that he or she is otherwise entitled to receive, beginning with the first pay period that commences after notification applies.
66.0505(3)(b)
(b) An elective officer, or officer-elect, who sends the written notification described under
par. (a) may not rescind the notification. If an elective officer's notification no longer applies, the political subdivision's treasurer shall pay the elective officer any salary that he or she is entitled to receive, beginning with the first pay period that commences after the expiration of the notification.
66.0505 History
History: 1991 a. 316;
1993 a. 213;
1999 a. 150 s.
312; Stats. 1999 s. 66.0505;
2007 a. 49;
2009 a. 173.
66.0506
66.0506
Referendum; increase in employee wages. 66.0506(1)(1) In this section, "local governmental unit" means any city, village, town, county, metropolitan sewerage district, long-term care district, transit authority under
s. 59.58 (7) or 66.1039, local cultural arts district under
subch. V of ch. 229, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state.
66.0506 Note
NOTE: Sections 59.58 (7) and 66.1039 were repealed by
2011 Wis. Act 32. Corrective legislation is pending.
66.0506(2)
(2) If any local governmental unit wishes to increase the total base wages of its general municipal employees, as defined in
s. 111.70 (1) (fm), who are part of a collective bargaining unit under
subch. IV of ch. 111, in an amount that exceeds the limit under
s. 111.70 (4) (mb) 2., the governing body of the local governmental unit shall adopt a resolution to that effect. The resolution shall specify the amount by which the proposed total base wages increase will exceed the limit under
s. 111.70 (4) (mb) 2. The resolution may not take effect unless it is approved in a referendum called for that purpose. The referendum shall occur in November for collective bargaining agreements that begin the following January 1. The results of a referendum apply to the total base wages only in the next collective bargaining agreement.
66.0506(3)
(3) The referendum question shall be substantially as follows: "Shall the .... [general municipal employees] in the .... [local governmental unit] receive a total increase in wages from $....[current total base wages] to $....[proposed total base wages], which is a percentage wage increase that is .... [x] percent higher than the percent of the consumer price index increase, for a total percentage increase in wages of .... [x]?"
66.0506 History
History: 2011 a. 10,
32.
66.0507
66.0507
Automatic salary schedules. Whenever the governing body of any city, village, or town enacts by ordinance a salary schedule for some or all employees and officers of the city, village or town, other than members of the city council or village or town board, the salary schedule may include an automatic adjustment for some or all of the personnel in conformity with fluctuations upwards and downwards in the cost of living, notwithstanding
ss. 60.32,
61.193,
61.32,
62.09 (6) and
62.13 (7).
66.0508
66.0508
Collective bargaining. 66.0508(1m)
(1m) Except as provided under
subch. IV of ch. 111, no local governmental unit may collectively bargain with its employees.
66.0508(2)
(2) If a local governmental unit has in effect on June 29, 2011, an ordinance or resolution that is inconsistent with
sub. (1m), the ordinance or resolution does not apply and may not be enforced.
66.0508(3)
(3) Each local governmental unit that is collectively bargaining with its employees shall determine the maximum total base wages expenditure that is subject to collective bargaining under
s. 111.70 (4) (mb) 2., calculating the consumer price index change using the same method the department of revenue uses under
s. 73.03 (68).
66.0508 History
History: 2011 a. 10.
66.0509
66.0509
Civil service system; veterans preference. 66.0509(1)(1) Any city or village may proceed under
s. 61.34 (1),
62.11 (5) or
66.0101 to establish a civil service system of selection, tenure and status, and the system may be made applicable to all municipal personnel except the chief executive and members of the governing body, members of boards and commissions including election officials, employees subject to
s. 62.13, members of the judiciary and supervisors. Any town may establish a civil service system under this subsection. For veterans there shall be no restrictions as to age, and veterans and their spouses shall be given preference points in accordance with
s. 230.16 (7). The system may also include uniform provisions in respect to attendance, leave regulations, compensation and payrolls for all personnel included in the system. The governing body of any city, village or town establishing a civil service system under this section may exempt from the system the librarians and assistants subject to
s. 43.09 (1).
66.0509(1m)(a)(a) A local governmental unit, as defined in
s. 66.0131 (1) (a), that does not have a civil service system on June 29, 2011, shall establish a grievance system not later than October 1, 2011.
66.0509(1m)(b)
(b) To comply with the grievance system that is required under
par. (a), a local governmental unit may establish either a civil service system under any provision authorized by law, to the greatest extent practicable, if no specific provision for the creation of a civil service system applies to that local governmental unit, or establish a grievance procedure as described under
par. (d).
66.0509(1m)(c)
(c) Any civil service system that is established under any provision of law, and any grievance procedure that is created under this subsection, shall contain at least all of the following provisions:
66.0509(1m)(d)
(d) If a local governmental unit creates a grievance procedure under this subsection, the procedure shall contain at least all of the following elements:
66.0509(1m)(d)1.
1. A written document specifying the process that a grievant and an employer must follow.
66.0509(1m)(d)3.
3. An appeal process in which the highest level of appeal is the governing body of the local governmental unit.
66.0509(1m)(e)
(e) If an employee of a local governmental unit is covered by a civil service system on June 29, 2011, and if that system contains provisions that address the provisions specified in
par. (c), the provisions that apply to the employee under his or her existing civil service system continue to apply to that employee.
66.0509(2)(a)(a) Any town may establish a civil service system under
sub. (1) and in the departments that the town board may determine. Any person who has been employed in a department for more than 5 years before the establishment of a civil service system applicable to that department is eligible to appointment without examination.
66.0509(2)(b)
(b) Any town not having a civil service system and having exercised the option of placing assessors under civil service under
s. 60.307 (3) may establish a civil service system for assessors under
sub. (1), unless the town has come within the jurisdiction of a county assessor under
s. 70.99.
66.0509(3)
(3) When any town has established a system of civil service, the ordinance establishing the system may not be repealed for a period of 6 years after its enactment, and after the 6-year period it may be repealed only by proceedings under
s. 9.20 by referendum vote. This subsection does not apply if a town comes, before the expiration of the 6 years, within the jurisdiction of a county assessor under
s. 70.99.
66.0509(4)
(4) Any civil service system established under the provisions of this section shall provide for the appointment of a civil service board or commission and for the removal of the members of the board or commission for cause by the mayor with approval of the council, by the city manager and the council in a city organized under
ss. 64.01 to
64.15, and by the board in a village or town.
66.0509(5)
(5) All examinations given in a civil service system established under this section, including minimum training and experience requirements, for positions in the classified service shall be job-related in compliance with appropriate validation standards and shall be subject to the approval of the board or commission appointed under
sub. (4). All relevant experience, whether paid or unpaid, shall satisfy experience requirements.
66.0511
66.0511
Law enforcement agency policies on use of force and citizen complaint procedures. 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.
66.0513 Annotation
The use of the phrase "required by command" in sub. (1) plainly does not mean that officers who volunteer to go to another city, county, village, or town are excluded from worker's compensation and other benefits. A governmental body obligated to reimburse another for worker's compensation payments under this section is obligated under worker's compensation law for purposes of worker's compensation insurance coverage. Milwaukee County v. Juneau County,
2004 WI App 23,
269 Wis. 2d 730,
676 N.W.2d 513,
02-2880.
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.
