Except as provided in par. (b)
, if a city, village, town, or county has in effect on January 1, 2015, an ordinance that the city, village, town, or county is prohibited from enacting under sub. (2)
, the ordinance does not apply and may not be enforced.
(b) Paragraph (a)
does not apply to an ordinance of a 1st class city that was in effect on March 20, 2014.
History: 2013 a. 292
; 2015 a. 55
Drug disposal programs. 66.0437(2)
A political subdivision may operate or authorize a person to operate a drug disposal program as provided under s. 165.65 (3)
History: 2013 a. 198
Limitations on locally issued identification cards. 66.0438(1)(1)
In this section, “public assistance benefits" means services, benefits, payments, or other assistance provided under a program administered by the department of health services or the department of children and families under s. 253.06
or ch. 49
Except as provided in par. (b)
, no town or county may issue, or expend any funds for the issuance of, a photo identification card for any resident of the town or county.
Notwithstanding par. (a)
, a town or county may issue, or expend funds for the issuance of, a photo identification card to any of the following individuals or for any of the following purposes:
An employee or elected official of the town or county, if the photo identification card relates to the employee's or official's job duties.
An employee of a vendor or contractor that contracts with the town or county, or an employee of a subcontractor that contracts with such a vendor or contractor, if the photo identification card relates to the employee's job duties for the town or county.
To use a transit system owned or operated by the town or county.
To use or access services or facilities owned by the town or county.
An employee of, or a student who is attending, an institution of higher education that contracts with the town or county, if the photo identification card relates to the employee's or student's job duties for the town or county.
If a town or county has issued an identification card, other than a card described in par. (b)
, that has been used before April 27, 2016, as an identification document to establish proof of residence under s. 6.34 (3) (a) 3.
, that card is not valid for such purposes on or after April 27, 2016.
If a city or village issues, or expends funds for the issuance of, a photo identification card for any resident of the city or village, the card must state clearly on its face, in 12 point type, “Not authorized for voting purposes."
A photo identification card issued by, or at the direction of, a city or village, as described under par. (a)
, may not be used for any of the following purposes:
If a city or village has issued an identification card that has been used before April 27, 2016, as an identification document to establish proof of residence under s. 6.34 (3) (a) 3.
, that card is not valid for such purposes on or after April 27, 2016.
History: 2015 a. 374
OFFICERS AND EMPLOYEES
Eligibility for office. 66.0501(1)
Deputy sheriffs and municipal police.
No person may be appointed deputy sheriff of any county or police officer for any city, village or town unless that person is a citizen of the United States. This section does not apply to common carriers or to a deputy sheriff not required to take an oath of office.
(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.
(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.
(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 $25,000 if the city, village, or town has a population of 5,000 or less, or $15,000 if the city, village, or town has a population of more than 5,000, 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.
“Political subdivision" means a city, village, town, or county.
“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.
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.
A citizenship requirement for peace officers is constitutional. 68 Atty. Gen. 61.
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.
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
Employee residency requirements prohibited. 66.0502(1)(1)
The legislature finds that public employee residency requirements are a matter of statewide concern.
In this section, “local governmental unit" means any city, village, town, county, or school district.
Except as provided in sub. (4)
, no local governmental unit may require, as a condition of employment, that any employee or prospective employee reside within any jurisdictional limit.
If a local governmental unit has a residency requirement that is in effect on July 2, 2013, the residency requirement does not apply and may not be enforced.
This section does not affect any statute that requires residency within the jurisdictional limits of any local governmental unit or any provision of state or local law that requires residency in this state.
Subject to par. (c)
, a local governmental unit may impose a residency requirement on law enforcement, fire, or emergency personnel that requires such personnel to reside within 15 miles of the jurisdictional boundaries of the local governmental unit.
If the local governmental unit is a county, the county may impose a residency requirement on law enforcement, fire, or emergency personnel that requires such personnel to reside within 15 miles of the jurisdictional boundaries of the city, village, or town to which the personnel are assigned.
A residency requirement imposed by a local governmental unit under par. (b)
does not apply to any volunteer law enforcement, fire, or emergency personnel who are employees of a local governmental unit.
History: 2013 a. 20
Because, by its plain language, this section uniformly affects every city or village, it trumps the city of Milwaukee's charter, and the city may not enforce its residency requirement. Milwaukee Police Association v. City of Milwaukee, 2016 WI 47
, 364 Wis. 2d 626
, 869 N.W.2d 522
Combination of municipal offices. 66.0503(1)
The office of county supervisor may be consolidated by charter ordinance under s. 66.0101
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)
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)
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.
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
or other pertinent statute.
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.
Tenure for an officer of an office consolidated under this section shall coincide with the term for county supervisors.
Address confidentiality program. 66.0504(1)(b)
“Local clerk" means an individual, and an individual's deputy or assistant, who serves as one of the following:
If a program participant submits a written request to a local clerk that he or she keep the program participant's actual address private, the local clerk may not disclose any record in his or her possession which would reveal the program participant's actual address, except pursuant to a court order.
History: 2015 a. 356
Compensation of governing bodies. 66.0505(1)(a)
“Elective officer" means a member or member-elect of the governing body of a political subdivision.
“Political subdivision" means any city, village, town, or county.
(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.
Notwithstanding the provisions of s. 59.10 (1) (c)
, (2) (c)
, (3) (f)
, 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.
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.
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.
If a clerk and treasurer receive notification as described in subd. 2.
, 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.