17.16
17.16
Removals; definition; procedure; disqualification. 17.16(1)(1)
Removals from office at pleasure shall be made by order, a copy of which shall be filed as provided by sub.
(8), except that a copy of the order of removal of a circuit court commissioner shall be filed in the office of the clerk of the circuit court.
17.16(3)
(3) Removals from office for cause under this chapter, except as provided in s.
17.14, shall be made as provided in this section, and may be made only upon written verified charges brought by a resident taxpayer of the governmental unit of which the person against whom the charges are filed is an officer, and after a speedy public hearing at which the officer shall have full opportunity to be heard to present a defense against the charges, personally and by counsel. A copy of the charges and written notice of the time and place for the hearing shall be given the officer by the removing power by delivery to the officer in person or by mailing the same to the officer at the officer's last and usual post-office address not less than 10 days prior to the hearing. The officer may within 10 days from service of the charges file with the removing power a verified answer thereto. The hearing shall be conducted and investigation made by the removing power with due dispatch, but in case of charges brought before the governor, the governor may appoint a commissioner to conduct the hearing, make the investigation and report the testimony and proceedings to the governor, and the council of any city having a membership of more than 20, in case of charges brought before it, may appoint a committee of not less than 5 of its members, to conduct the hearing, make investigation and report the testimony and proceedings to it. The commissioner or committee shall have the same power and authority as the governor or the council, as the case may be, in the conduct of the hearing on and investigation of the charges.
17.16(4)
(4) The removing power may, before acting upon any charges preferred against any officer, require the person preferring the same to execute and deliver to such power a bond in the sum of $1,000 with one or more sureties to be approved by such power, conditioned for the payment of all costs and expenses actually incurred by the state, county or other unit of which the person charged is an officer and by the removing power in the hearing and investigation of such charges.
17.16(5)
(5) The removing power, and in case such power consists of more than one person, each such person is authorized to administer oaths and to issue subpoenas for the attendance of witnesses and the production of evidence, and may make and enforce such orders and rules as are necessary to properly conduct such hearing and may appoint and fix the compensation of a stenographer to take testimony thereat.
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(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 History
History: 1989 a. 122;
1991 a. 316; Sup. Ct. Order No.
96-08, 207 Wis. 2d xv (1997);
2001 a. 61,
103.
17.16 Annotation
The 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 Annotation
Removal 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.
