59.25(3)(o)(o) On the first day of each month pay into the county treasury the fees received by the treasurer. 59.25(3)(p)(p) Pay to the secretary of administration on his or her order the state percentage of fees received from the clerk of the circuit court under s. 59.40 (2) (m) and if any such moneys remain in his or her hands when he or she is required to pay the state percentage of fees, pay such moneys therewith to the secretary of administration. 59.25(3)(q)(q) Perform all other duties required of the treasurer by law. 59.25(3)(s)(s) Exercise any investment authority delegated to the treasurer by the board under s. 59.62. 59.25(3)(t)(t) Notify municipalities of payments made under ss. 74.29 and 79.10 in respect to property tax levies originally certified to the municipality for collection. 59.25 HistoryHistory: 1995 a. 201 ss. 266, 267, 269, 270, 284; 1995 a. 225 ss. 151 to 153; 1995 a. 227 s. 202; 1995 a. 269 s. 2; 1995 a. 408 s. 1; 1995 a. 448 s. 60; 1997 a. 27, 35, 135, 211, 237, 248; 1999 a. 9, 32, 74; 1999 a. 150 s. 672; 2001 a. 16; 2001 a. 30 s. 108; 2001 a. 56, 105; 2003 a. 33, 139, 326; 2013 a. 20; 2015 a. 55; 2017 a. 150; 2017 a. 207 s. 5; 2021 a. 1, 55; 2025 a. 15. 59.25 AnnotationSection 59.20 (8) [now sub. (3) (j) 1. b.], as to retention of 50 percent of traffic fines and forfeitures, is valid. State ex rel. Commissioners of Public Lands v. Anderson, 56 Wis. 2d 666, 203 N.W.2d 84 (1973). 59.25 AnnotationExcept for their elected superior’s power to appoint and discharge, chief deputies are subject to the Municipal Employment Relations Act, ss. 111.70 to 111.77, and are not excluded from a collective bargaining unit as a matter of law. Oneida County v. WERC, 2000 WI App 191, 238 Wis. 2d 763, 618 N.W.2d 891, 00-0466. 59.25 AnnotationThe entire amount of bail forfeited under s. 969.13 (4) is to be retained by the county treasurer, and no part is to be paid to the state treasurer. 62 Atty. Gen. 247.
59.25 AnnotationSection 59.20 (13) [now sub. (3) (rm)] refers to national forest, which are monies received under Title 16 of the U.S. Code, and does not control the distribution of monies received from the federal government under Title 31. 67 Atty. Gen. 277.
59.25 AnnotationA county that has received payments from the federal government under Title 31 of the U.S. Code cannot distribute those payments to the towns in which national forest lands are located. 68 Atty. Gen. 23.
59.255(1)(a)(a) No person may hold the office of comptroller unless he or she is either a certified public accountant, licensed or certified under ch. 442, or has a master’s degree or a doctorate degree in accounting or finance from a regionally accredited, nonprofit, post-secondary educational institution. 59.255(1)(b)(b) No person holding the office of sheriff, undersheriff, circuit judge, district attorney, clerk of the circuit court, clerk, or member of the board shall be eligible to hold the office of comptroller or deputy comptroller. 59.255(1)(c)(c) This section applies only to a county with a population of 750,000 or more. 59.255(2)(a)(a) The comptroller is the chief financial officer of the county, and the administrator of the county’s financial affairs. The comptroller shall oversee all of the county’s debt. 59.255(2)(b)(b) The comptroller shall appoint one deputy to aid the comptroller, under the comptroller’s direction, in the discharge of the duties of the office of comptroller. The appointment shall be in writing and shall be filed and recorded in the comptroller’s office. Such deputy, in the absence of the comptroller from the comptroller’s office or in case of a vacancy in said office or any disability of the comptroller to perform the duties of the office of comptroller, unless another is appointed therefor as provided in par. (c), shall perform all of the duties of the office of comptroller until such vacancy is filled or such disability is removed. The person so appointed shall take and file the official oath. The person shall file his or her appointment with the clerk. The board may, at its annual meeting or at any special meeting, provide a salary for the deputy. 59.255(2)(c)(c) If any comptroller is incapable of discharging the duties of the office of comptroller, the county executive shall appoint a person, subject to confirmation by the board, comptroller who shall serve until such disability is removed. A person so appointed or appointed to fill a vacancy in the office of comptroller, upon giving an official bond with like sureties as are required of such comptroller, shall perform all the duties of such office, and thereupon the powers and duties of any deputy performing the duties of the last comptroller shall cease. 59.255(2)(d)(d) Each month, at the board’s first meeting, the comptroller shall report to the board and the county executive, in writing, the condition of the county’s outstanding contracts and of each of the county’s funds and the claims payable from the funds. The comptroller shall also file with the county executive and the board each year on or before October 1 a certified and detailed statement of the receipts and disbursements on account of each fund of the county during the preceding fiscal year, specifying the source of each receipt and the object of each disbursement, and also an estimate of the receipts and disbursements for the current fiscal year. 59.255(2)(e)(e) The comptroller shall countersign all contracts with the county if he or she determines that the county has, or will have, the necessary funds to pay the liability that the county may incur under the contract. No contract is valid until so countersigned. 59.255(2)(f)(f) At least monthly the comptroller shall examine the treasurer’s accounts as reported and as kept, and shall report to the county executive and board as to their correctness and as to any violation by the treasurer of the treasurer’s duty in the manner of keeping accounts or disbursing moneys. 59.255(2)(g)(g) Whenever requested to do so by the county executive or board, the comptroller shall provide an independent fiscal analysis of any matter affecting the county, and shall provide the county executive and board with a fiscal note for all proposed legislation. 59.255(2)(h)(h) Annually, the comptroller shall prepare a written 5-year financial condition forecast for the county, which shall be distributed to the county executive and the board. 59.255(2)(i)(i) The comptroller shall perform all audit functions related to county government. The comptroller shall also have the duties and all the powers and responsibilities conferred upon the clerk as auditor under s. 59.47 (1), and shall perform any additional duties and shall have any additional powers as are imposed and conferred upon him or her from time to time by resolution adopted by the board. Audit functions under this paragraph shall be performed in accordance with governmental auditing standards issued by the comptroller general of the United States and generally accepted auditing standards. 59.255(2)(j)(j) The comptroller shall administer and oversee all shared services contracts. 59.255(2)(k)(k) The comptroller may in writing, filed in the office of the clerk, appoint a deputy who shall act under the comptroller’s direction and in the comptroller’s absence or disability, or in case of a vacancy shall perform the comptroller’s duties. The deputy shall receive such compensation as the board provides. The acts of a deputy shall be covered by official bond as the board directs. 59.2659.26 Sheriff; undersheriff. 59.26(1)(a)(a) No later than 10 days after taking office and no later than 10 days after the occurrence of a vacancy, the sheriff shall appoint an undersheriff. The undersheriff shall be a resident of the county and a law enforcement officer or jail officer certified under s. 165.86. 59.26(1)(b)(b) An undersheriff may be removed at the pleasure of the sheriff. 59.26(1)(c)(c) The appointment or removal of an undersheriff shall be in writing and shall be filed and recorded with the county clerk. 59.26(1)(d)1.1. In counties in which the sheriff’s office is under civil service, the sheriff and county shall place on leave of absence a deputy sheriff who is appointed by the sheriff to the position of undersheriff, upon the deputy’s acceptance of the appointment. A deputy sheriff in a county under civil service who is placed on leave of absence under this subdivision shall immediately be returned to the position of deputy sheriff without loss of any rights under the civil service law upon completion of the appointment unless the deputy sheriff is otherwise disciplined under s. 59.265. 59.26(1)(d)2.a.a. Except as provided in subd. 2. b., in counties in which the sheriff’s office is not under civil service, a deputy sheriff who is appointed undersheriff shall upon completion of the appointive position be returned to the position of deputy sheriff. Upon the return to the position of deputy sheriff, the person shall be placed at a rank determined by the sheriff and paid the same salary and provided the same tenure and seniority the person would have received had the person not taken the undersheriff appointment. 59.26(1)(d)2.b.b. A sheriff may grant a deputy sheriff who is appointed undersheriff a leave of absence from the position of deputy sheriff. Upon completion of the appointive position, a person granted a leave of absence under this subdivision 2. b. shall be returned to the person’s former position without loss of any rights under the civil service law. 59.26(2)(a)(a) The undersheriff shall also be known as the chief deputy sheriff and shall have the same powers and duties as a deputy sheriff. 59.26(2)(b)1.1. Upon a vacancy in the office of sheriff, the undersheriff shall act as sheriff until the vacancy is filled. 59.26(2)(b)2.2. Upon incapacity of the sheriff, the undersheriff shall act as sheriff until the sheriff returns and is no longer incapacitated or the office of sheriff becomes vacant. Incapacity under this subdivision shall be determined either by the sheriff or by the chief judge of the judicial administrative district in which the county is located. A petition to request the chief judge to declare incapacity shall be initiated by two-thirds vote of all supervisors entitled to seats on the county board and the chief judge shall hold any hearing and accept any evidence the chief judge deems appropriate. Any incapacity declared by the chief judge may be lifted upon application of the county board or sheriff following presentation of evidence the chief judge deems appropriate. 59.26(2)(b)3.3. If the office of sheriff becomes vacant and there is no undersheriff, the county clerk shall submit proof of the vacancy to the presiding judge of the county’s circuit court. The presiding judge shall determine if the office is vacant based on the submission and, if the office is determined to be vacant, shall appoint a resident of the county to act as sheriff until the vacancy is filled. The appointment shall be in writing and shall be filed and recorded in the office of the clerk. Upon receipt of the filing, the clerk shall notify the appointed person of the appointment. No later than 10 days after receiving notification of the appointment, the appointee shall execute and file an official bond in the same amount and approved in the same manner provided for the sheriff. If the required bond is not executed and filed, the appointing judge shall appoint another person in the manner provided under this subdivision. 59.26(2)(c)(c) If, on January 4, 2027, the chief deputy sheriff is a defined position under an ordinance or a collective bargaining agreement, a deputy sheriff then serving as chief deputy sheriff shall continue at the same salary and shall have the same tenure and seniority as to other deputy sheriffs that the person would have had if the chief deputy sheriff position had continued to be a civil service position or subject to the protections of a collective bargaining agreement. Notwithstanding the foregoing, a sheriff in a county described in this paragraph is not required to appoint the chief deputy sheriff to the appointive position of undersheriff. 59.26(3)(3) Limitation on board authority. The board may not eliminate the office of undersheriff and may not assign the appointment of undersheriff to an authority other than the sheriff. Effective date noteNOTE: This section is shown as repealed and recreated eff. 1-4-27 by Wis. Act 196. Prior to 1-4-27 it reads:
59.26 Note59.26 Sheriff; undersheriff; deputies. (1) Within 10 days after entering upon the duties of the office of sheriff, the sheriff shall appoint some proper person, who is a resident of the county, undersheriff. However, in counties with a population of 750,000 or more the appointment of an undersheriff is optional. In counties where the sheriff’s department is under civil service, the sheriff, in conformity with county ordinance, may, at the request of the affected deputy, grant a leave of absence to a deputy sheriff who the sheriff has appointed undersheriff, or to any other position in the sheriff’s department, upon the deputy’s acceptance of the appointment. Any deputy in a county under civil service granted leave of absence under this subsection upon completion of the appointive position shall immediately be returned to the position of deputy sheriff and shall continue therein without loss of any rights under the civil service law. The sheriff, however, may not grant such leave of absence to a deputy sheriff until the sheriff first secures the consent of the board by resolution duly adopted by the board. Within 10 days after entering upon the duties of the office of sheriff, the sheriff shall also appoint, subject to sub. (10), deputy sheriffs for the county as follows:
Effective date text(a) One for each city and village in the county that has 1,000 or more inhabitants.
Effective date text(b) One for each assembly district in the county, except the district in which the undersheriff resides, which contains a village having less than 1,000 inhabitants and does not contain a city or village having more than 1,000 inhabitants.
Effective date text(2) Subject to sub. (10), the sheriff may appoint as many other deputies as the sheriff considers proper.
Effective date text(3) Subject to sub. (10), the sheriff may fill vacancies in the office of any such appointee, and he or she may appoint a person to take the place of any undersheriff or deputy who becomes incapable of executing the duties of that office.
Effective date text(4) A person who is appointed undersheriff or deputy for a regular term or to fill a vacancy or otherwise shall hold office during the pleasure of the sheriff.
Effective date text(4m) (a) The sheriff or undersheriff may depute in writing security officers employed by the department of military affairs, subject to the approval of the adjutant general or his or her designee, for the purpose of conducting routine external security checks around military installations in this state. The sheriff or undersheriff shall specify in writing the jurisdiction of an officer deputed under this paragraph. In this paragraph, “external security checks” means a security check of areas immediately adjacent to a military installation, or of critical concern to the installation’s commander as determined by the commander, for the sole purpose of protecting the installation’s state and federal personnel, assets, and equipment.
Effective date text(b) The provisions of sub. (8) (b) do not apply to an individual deputed under par. (a), and such a person shall serve at the pleasure of the deputing authority.
Effective date text(c) An individual deputed under par. (a) remains a state employee for all purposes.
Effective date text(5) The sheriff or the undersheriff may also depute in writing other persons to perform particular acts.
Effective date text(6) Every appointment of an undersheriff or deputy, except deputations to perform a particular act, and every revocation of such appointment shall be in writing and be filed and recorded in the office of the clerk of the circuit court.
Effective date text(7) In case of a vacancy in the office of sheriff, the undersheriff shall in all things and with like liabilities and penalties execute the duties of the office of sheriff until the vacancy is filled as provided by law.
Effective date text(8) (a) In any county with a population of less than 750,000, the board, by ordinance, may fix the number of deputy sheriffs to be appointed in that county at not less than that number required by sub. (1) (a) and (b) and may set the salary of those deputies. Subject to sub. (10), the board may provide by ordinance that deputy sheriff positions be filled by appointment by the sheriff from a list of all persons with the 3 highest scores for each position based on a competitive examination. Such competitive examinations may be by a county civil service commission or by the bureau of merit recruitment and selection in the department of administration at the option of the board and it shall so provide by ordinance. The bureau of merit recruitment and selection shall, upon request of the board, conduct such examination according to the methods used in examinations for the state civil service and shall certify an eligible list of the names of all persons with the 3 highest scores on that examination for each position to the sheriff of that county who shall, subject to sub. (10), make an appointment from that list to fill the position within 10 days after he or she receives the eligible list. The county for which such examination is conducted shall pay the cost of that examination. If a civil service commission is decided upon for the selection of deputy sheriffs, then ss. 63.01 to 63.17 shall apply so far as consistent with this subsection, except ss. 63.03, 63.04 and 63.15 and except the provision governing minimum compensation of the commissioners. The ordinance or an amending ordinance may provide for employee grievance procedures and disciplinary actions, for hours of work, for tours of duty according to seniority and for other administrative regulations. Any board provision consistent with this paragraph and existing on July 25, 1951, is validated. If the sheriff fills a deputy sheriff position by promotion, the sheriff shall, subject to sub. (10), make the appointment to the position from a list of 3 deputy sheriffs who receive the highest scores in a competitive examination. Such competitive examinations may be by a county civil service commission or by the bureau of merit recruitment and selection at the option of the board and it shall so provide by ordinance.
Effective date text(b) 1. The persons appointed shall hold the office of deputy sheriff on good behavior. In any county operating under this subsection, but not under s. 59.52 (8), whenever the sheriff or undersheriff or a majority of the members of a civil service commission for the selection of deputy sheriffs believes that a deputy has acted so as to show the deputy to be incompetent to perform the duties of deputy sheriff or to have merited suspension, demotion or dismissal, the sheriff, undersheriff or civil service commission shall report in writing to the grievance committee setting forth specifically the complaint against the deputy, and, when the party filing the complaint is a sheriff or undersheriff, may suspend or demote the officer at the time such complaint is filed. The grievance committee shall be appointed in the same manner and at the same time as standing committees of the board are appointed. The committee may be made up of members of the board or other electors of the county, or both. Such members shall be paid in the same manner as members of other board committees.
Effective date text2. The grievance committee shall immediately notify the accused officer of the filing of the charges and on request furnish the accused officer with a copy of the same.
Effective date text3. The grievance committee shall, if the officer requests a hearing, appoint a time and place for the hearing of the charges, the time to be within 3 weeks after the filing of such request for a hearing and the committee shall notify the sheriff or undersheriff or the members of the civil service commission, whichever filed the complaint with the committee, and the accused of the time and place of such hearing. If the accused officer makes no request to the grievance committee, then the committee may take whatever action it considers justifiable on the basis of the charges filed and shall issue an order in writing as provided in subd. 5. The committee may take testimony at the hearing, and any testimony taken shall be transcribed. The chairperson of the committee shall issue subpoenas for the attendance of such witnesses as may be requested by the accused.
Effective date text4. At the hearing the chairperson of the committee may maintain order and enforce obedience to the chairperson’s lawful requirements. If a person at the hearing acts in a disorderly manner and persists after notice from the chairperson, the chairperson may order the person to leave the hearing. If the order is refused the chairperson may order the sheriff or other person to take the disorderly person into custody until the hearing is adjourned for that day.
Effective date text5. At the termination of the hearing the grievance committee shall determine in writing whether or not the charge is well-founded and shall take such action by way of suspension, demotion, discharge or reinstatement as it considers requisite and proper under the circumstances and file the same with the secretary of the committee.
Effective date text5m. No deputy may be suspended, demoted or discharged by the grievance committee under subd. 3. or 5., based on charges filed by the sheriff, undersheriff or a majority of the members of the civil service commission for the selection of deputies unless the committee determines whether there is just cause, as described in this subdivision, to sustain the charges. In making its determination, the committee shall apply the following standards, to the extent applicable:
Effective date texta. Whether the deputy could reasonably be expected to have had knowledge of the probable consequences of the alleged conduct.
Effective date textb. Whether the rule or order that the deputy allegedly violated is reasonable.
Effective date textc. Whether the sheriff, before filing the charge against the deputy, made a reasonable effort to discover whether the deputy did in fact violate a rule or order.
Effective date textd. Whether the effort described under subd. 5m. c. was fair and objective.
Effective date texte. Whether the sheriff discovered substantial evidence that the deputy violated the rule or order as described in the charges filed against the deputy.
Effective date textf. Whether the sheriff is applying the rule or order fairly and without discrimination to the deputy.
Effective date textg. Whether the proposed discipline reasonably relates to the seriousness of the alleged violation and to the deputy’s record of service with the sheriff’s department.
Effective date text6. The accused may appeal from the order to the circuit court by serving written notice of the appeal on the secretary of the committee within 10 days after the order is filed. Within 5 days after receiving written notice of the appeal, the board shall certify to the clerk of the circuit court the record of the proceedings, including all documents, testimony and minutes. The action shall then be at issue and shall have precedence over any other cause of a different nature pending in the court, which shall always be open to the trial thereof. The court shall upon application of the accused or of the board fix a date of trial, which shall not be later than 15 days after such application except by agreement. The trial shall be by the court and upon the return of the board, except that the court may require further return or the taking and return of further evidence by the board. The question to be determined by the court shall be: “Upon the evidence is there just cause, as described under subd. 5m., to sustain the charges against the accused?” No costs shall be allowed either party and the clerk’s fees shall be paid by the county. If the order of the committee is reversed, the accused shall be forthwith reinstated and entitled to pay as though in continuous service. If the order of the committee is sustained it shall be final and conclusive.
Effective date text(c) The board of any county enacting the ordinance provided for in this subsection may provide that any deputy sheriff acting as such at the time of the enactment shall be eligible to such appointment without examination.
Effective date text(cm) Any board may by a majority vote establish, by ordinance in connection with the enactment of an ordinance providing for civil service selection and tenure of deputy sheriffs under pars. (a) and (b) or by amendment to such an ordinance previously enacted, a traffic division of the sheriff’s department and fix the number of deputy sheriffs as traffic patrolmen and other employees in said division in which case s. 83.016 shall become inoperative as to that county. The board in such ordinance shall further provide that the personnel in such traffic division of the sheriff’s department shall be appointed and hold their positions in the manner and under the conditions set forth in pars. (a) and (b). The board may also provide that traffic patrolmen who have been appointed under s. 83.016 and who are employed by the county at the time of the enactment of the ordinance under this subsection establishing a traffic division in the sheriff’s department and providing civil service therefor shall be appointed to positions in such traffic division without examination.
Effective date text(d) Enactment of the ordinances provided for by this subsection shall not preclude the board from thereafter amending or repealing such ordinances, but such amendment or repeal shall not be effective unless voted by the affirmative vote of three-fourths of the members-elect of such board. The civil service provisions of this section shall apply only to such deputies or traffic patrolmen who are regularly employed by the county or sheriff and shall not apply to honorary deputies. Notwithstanding the provisions of this subsection the board may enact a civil service ordinance for county employees under s. 59.52 (8) which civil service ordinance may include deputy sheriffs or traffic patrolmen, or both.
Effective date text(9) (a) A deputy sheriff in any county may not be suspended or dismissed under sub. (8) or s. 59.52 (8) or 63.10 without pay or benefits, for any action taken that is within the scope of the deputy’s employment, until the matter that is the subject of the suspension or dismissal is disposed of by the grievance committee or civil service commission or the time for appeal of that matter passes without an appeal being made.
Effective date text(b) An ordinance of any county or a collective bargaining agreement may not diminish or abridge a right of a deputy sheriff that is granted under par. (a). An ordinance of such a county or a collective bargaining agreement may supplement and expand such a right in a manner that is not inconsistent with par. (a).
Effective date text(c) If the matter that is the subject of the suspension or dismissal is decided adversely to the deputy sheriff by the grievance committee or the civil service commission, the time for appeal passes without an appeal being made or the deputy’s appeal to the circuit court is decided adversely to the deputy, all pay and benefits received by the deputy sheriff between the time of his or her suspension or dismissal and the latest of an adverse ruling by the committee, the commission or the court or the time for appeal passes shall be returned to the county.
Effective date text(10) (a) Notwithstanding the provisions in subs. (1) (intro.), (2), (3), and (8) (a), and subject to par. (b), if a county provides law enforcement services to a city or village under ss. 59.03 (2) (e) and 62.13 (2s) and if the sheriff appoints additional deputies under sub. (2) to provide the services, the sheriff shall, to the greatest extent possible, fill the additional deputy positions from the ranks of former police officers who lost their positions when their department was abolished under s. 62.13 (2s) (a). With regard to each contract that is entered into under s. 59.03 (2) (e), this provision does not apply on or after the first day of the 25th month beginning after the contract takes effect in the county.
Effective date text(b) Paragraph (a) applies only to the extent that it is not inconsistent with any collective bargaining agreement that is in effect between a county and its employees.
59.26 AnnotationUpon reinstatement of an unreasonably suspended deputy sheriff, the amount of pay due is to be reduced by amounts earned in other employment during the period of suspension. State ex rel. Klingler v. Baird, 56 Wis. 2d 460, 202 N.W.2d 31 (1972). 59.26 AnnotationThe burden of establishing a lack of reasonable and diligent efforts by suspended deputy sheriffs to seek other employment and the availability of employment is on the employer. State ex rel. Schilling v. Baird, 65 Wis. 2d 394, 222 N.W.2d 666 (1974). 59.26 AnnotationA sheriff’s assignment of a deputy to an undercover drug investigation falls within the constitutionally protected powers of the sheriff and could not be limited by a collective bargaining agreement. Manitowoc County v. Local 986B, 168 Wis. 2d 819, 484 N.W.2d 534 (1992). 59.26 AnnotationUnder s. 59.21 (8) (b) [now sub. (8) (b)], deputies have civil service protections and tenure beyond their initial terms of appointment under sub. (4) and also have protections under collective bargaining agreements not in conflict with the statutes. Heitkemper v. Wirsing, 194 Wis. 2d 182, 533 N.W.2d 770 (1995). See also Brown County Sheriff’s Department v. Brown County Sheriff's Department Non-Supervisory Employees Ass’n, 194 Wis. 2d 265, 533 N.W.2d 766 (1995). 59.26 AnnotationSection 165.85 (4) (b) governs the terms of employment of a probationary sheriff’s deputy so that the discipline procedures under s. 59.21 (8) (b) [now sub. (8) (b)] do not apply and an applicable collective bargaining agreement controls. Hussey v. Outagamie County, 201 Wis. 2d 14, 548 N.W.2d 848 (Ct. App. 1996), 95-2948.
