17.16(7)(7)
17.16(7)(a)(a) No person may be excused from testifying or from producing evidence on the hearing for the reason that the testimony, documentary or otherwise, required of him or her may tend to incriminate him or her, but no person so testifying may be prosecuted for or on account of testifying or producing any documentary evidence, except for perjury committed in giving the testimony.
17.16(7)(b)(b) The immunity provided under par. (a) is subject to the restrictions under s. 972.085.
17.16(8)(8)Removals from office for cause shall be by order, a certified copy of which, together with a complete transcript of the testimony and proceedings at the hearing and a statement of the cause or causes for which removal is made, shall be filed by the removing power as follows:
17.16(8)(a)(a) In the case of a state officer, in the office of the secretary of state.
17.16(8)(b)(b) In the case of other officers, in the office of the clerk of the unit of which the person removed was an officer.
17.16(8)(c)(c) In the case of officers of joint county institutions, in the office of the county clerk of the county wherein the buildings of such institution are located.
17.16(9)(9)In the case of procedure for removals by the governor, all expenses incurred shall be paid upon vouchers duly certified by the governor and shall be charged to the appropriation provided in s. 20.525. In the case of procedure for removals by any other state officer or body, such expenses shall be paid out of the appropriation to the officer or body invested with power to remove. In case of procedure for removals by other officers or bodies, the expenses thereof shall be paid by the unit of government of which the person against whom charges are preferred was an officer. But if the removing power finds that the complaint was willful and malicious and without probable cause all such expenses shall be paid by the person who preferred the charges and may be collected in an action against the person or on the bond furnished by the person.
17.16(10)(10)A person lawfully removed from office shall be ineligible to appointment or election to fill the vacancy caused by such removal.
17.16 HistoryHistory: 1989 a. 122; 1991 a. 316; Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997); 2001 a. 61, 103.
17.16 AnnotationThe common council’s removal of an employee statutorily entitled to the position deprives the employee of both liberty and property; therefore, the employee is entitled to full due-process protections. Aldermen who initiated removal proceedings were not thereby disqualified as impartial adjudicators. State ex rel. DeLuca v. Common Council, 72 Wis. 2d 672, 242 N.W.2d 689 (1976).
17.16 Annotation“Expenses” under sub. (9) relates solely to expenses incurred by the “removing power,” not by the person bringing written charges. Oimoen v. Kamps, 118 Wis. 2d 482, 347 N.W.2d 911 (Ct. App. 1984).
17.16 AnnotationRemoval is governed by this section and contemplates a determination of cause by the board. An ordinance making a violation ipso facto cause for removal impermissibly circumvents that procedure. 66 Atty. Gen. 148.
17.1717.17Notice of vacancies. Notice of vacancies occurring otherwise than by resignation shall be given forthwith as follows:
17.17(1)(1)Senators and members of congress. In the office of United States senator or member of congress from this state, by the county clerk of the county wherein such officer resided at the time of election, to the elections commission.
17.17(3)(3)Vacancies by judgments. In any office occurring by virtue of a judgment of a court of this state convicting the incumbent of and sentencing the incumbent for treason, felony or other crime of whatsoever nature punishable by imprisonment in any jail or prison for one year or more, or convicting the incumbent of and sentencing the incumbent for any offense involving a violation of the incumbent’s official oath; or declaring the election or appointment of any officer to be void or that the office of any officer has been forfeited, or become vacant; or adjudging any officer to be insane, by the clerk of such court to the officer or body authorized to fill such vacancies, or if such vacancies are required to be filled only by election, then to the officer authorized to give notice thereof.
17.17(4)(4)Justices and judges. In the office of justice of the supreme court, court of appeals judge, or judge of a circuit court, by the director of state courts to the governor and the elections commission.
17.17(5)(5)Other vacancies. In city, village, town or school district offices, other than those of which notice is required by sub. (3), by the clerk or in the clerk’s absence by the treasurer thereof, and in state, county and other offices other than those of which notice is required by sub. (3), by the county clerk of the county wherein the officer resided at the time of election or appointment, or in the clerk’s absence by the sheriff, to the officer or body authorized to fill such vacancies, or if such vacancies are required to be filled only by election, then to the officer authorized to give notice thereof.
17.17 HistoryHistory: 1973 c. 334 s. 57; 1977 c. 187, 449; Sup. Ct. Order, 88 Wis. 2d xiii (1979); 1991 a. 316; 2007 a. 1; 2015 a. 118.
17.1817.18Vacancies, U.S. senator and representative in congress; how filled. Vacancies in the office of U.S. senator or representative in congress from this state shall be filled by election, as provided in s. 8.50 (4) (b), for the residue of the unexpired term.
17.18 HistoryHistory: 1977 c. 22; 1979 c. 260; 1983 a. 484; 1985 a. 304.
17.1917.19Vacancies, elective state offices; how filled. Vacancies in elective state offices shall be filled as follows:
17.19(1)(1)Members of legislature. In the office of state senator or representative to the assembly, by election, as provided in s. 8.50, for the residue of the unexpired term. In addition, an anticipated vacancy in the office of state senator or representative to the assembly may be filled as provided in s. 8.50 (4) (e).
17.19(2)(2)Judicial. In the office of justice of the supreme court, court of appeals judge or circuit judge, by temporary appointment by the governor, which shall continue until a successor is elected, as provided in s. 8.50 (4) (f), and qualifies. When so elected the successor shall hold the office for a full term and shall take office on August 1 succeeding the election.
17.19(3)(3)Presidential electors. In the office of presidential elector, by the remaining electors present in the manner prescribed by s. 7.75.
17.19(3m)(3m)Governor. In the office of governor, by the lieutenant governor.
17.19(3s)(3s)District attorney. In the office of district attorney, by appointment of the governor for the residue of the unexpired term and until a successor is elected and qualified.
17.19(4)(4)Other elective state officers. In the office of secretary of state, treasurer, attorney general or state superintendent, by appointment by the governor, and a person so appointed shall hold office until a successor is elected, as provided in s. 8.50, and qualifies, but if no such election is held, the person so appointed shall hold office for the residue of the unexpired term.
17.19 HistoryHistory: 1977 c. 187; 1979 c. 27; 1985 a. 304; 1987 a. 391; 1989 a. 31; 1991 a. 316.