59.22 as the standard mileage allowance for all county employees and officers. (h) Limitation on compensation. Except for services as a member of a committee as provided in s. 59.13 no supervisor shall be paid for more days’ attendance on the board in any year than is set out in this schedule: in counties having a population of less than 25,000, 20 days; at least 25,000 but less than 100,000, 25 days; at least 100,000 but less than 750,000, 30 days. (i) Alternative compensation. As an alternative method of compensation, in counties having a population of less than 750,000, including counties containing only one town, the board may at its annual meeting, by a two-thirds vote of the members entitled to a seat, fix the compensation of the supervisors to be next elected at an annual salary for all services for the county including all committee services, except the per diem allowance for services in acquiring highway rights-of-way set forth in s. 84.09 (4). The board may, in like manner, allow additional salary for the members of the highway committee and for the chairperson of the board. In addition to the salary, the supervisors shall receive mileage as provided in par. (g) for each day’s attendance at board meetings or for attendance at not to exceed 2 committee meetings in any one day. (j) Supplementary compensation. The board, in establishing an annual salary, may enact an ordinance providing for a per diem for all committee meetings attended in excess of 40 committee and board meetings. (4) COMPATIBILITY. No county officer or employee is eligible for election or appointment to the office of supervisor, but a supervisor may also be a member of a committee, board or commission appointed by the county executive or county administrator or appointed or created by the county board, a town board, a mosquito control district, the common council of his or her city, the board of trustees of his or her village or the board of trustees of a county institution appointed under s. 46.18. (5) COUNTIES HAVING ONLY ONE TOWN. In all counties containing one town only, the board shall consist of the members of the town board and one supervisor from every village. A supervisor from a village shall be elected at the time the other village officers are elected. A majority of the members shall constitute a quorum of the county board. Each supervisor shall receive compensation and mileage as provided in sub. (3) (f) and (g). The chairperson of the board elected under s. 59.12 (1) may be, but need not be, the same person who is elected chairperson of the town board under s. 60.21 (3) (a). (6) ENFORCEMENT OF DIVISION REQUIREMENT. If a county fails to comply with sub. (2) (a) or (3) (b), any municipality located in whole or in part within the county or any elector of the county may submit to the circuit court for the county within 14 days from the expiration of either 60-day period under sub. (2) (a) or (3) (b) a proposed tentative supervisory district plan or a final plan for creation of supervisory districts in compliance with this section. If the court finds that the existing division of the county into supervisory districts fails to comply with this section, it shall review the plan submitted by the petitioner and after reasonable notice to the county may promulgate the plan, or any other plan in compliance with this section, and the plan shall be in effect until
Updated 23-24 Wis. Stats.
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superseded by a plan adopted by the board in compliance with this section. History: 1971 c. 134, 211, 304; 1973 c. 118 ss. 2 to 4, 7; 1973 c. 334 s. 57; 1973 c. 336; 1975 c. 93 s. 113; 1975 c. 116, 200; 1977 c. 427; 1979 c. 34, 89, 122, 260; 1981 c. 4, 390; 1983 a. 29; 1983 a. 192 ss. 115, 303 (1), (2); 1983 a. 484; 1983 a. 532 s. 36; 1985 a. 29, 304; 1989 a. 56 s. 258; 1991 a. 5, 316; 1993 a. 490; 1995 a. 16 s. 2; 1995 a. 201 s. 100; Stats. 1995 s. 59.10; 1997 a. 35; 1999 a. 150 s. 672; 2001 a. 107; 2003 a. 32; 2005 a. 100, 235, 248; 2007 a. 72, 97; 2011 a. 39, 75; 2013 a. 14; 2015 a. 196; 2017 a. 207 s. 5. Cross-reference: See s. 17.21 (5) for provision as to filling vacancies on county boards in counties over 750,000. Cross-reference: See s. 59.20 (1) for county supervisor residency requirements. Cross-reference: See s. 66.0505 for restrictions on changes in compensation of county board members. Judicial relief is available if a county fails to follow the statutory requirements for redistricting. City of Janesville v. County of Rock, 107 Wis. 2d 187, 319 N.W.2d 891 (Ct. App. 1982). The court properly voided the city’s supervisory district plan and adopted the county’s plan even though the county did not adopt the plan within 60 days of receiving census data as required by sub. (3). County of La Crosse v. City of La Crosse, 108 Wis. 2d 560, 322 N.W.2d 531 (Ct. App. 1982). Sub. (3) (a) does not establish a separate minimum for each class of county. Discussing the constitutionality of sub. (3) (a). 60 Atty. Gen. 327. A vacancy on a county board due to resignation may be filled by appointment by the county board chairperson when the board is not in session. 61 Atty. Gen. 1. An incumbent county supervisor must resign before the county board may consider the supervisor’s appointment as highway commissioner. 61 Atty. Gen. 424. A county board supervisor risks violations of s. 946.13 if the supervisor is appointed as counsel for indigent defendants. 62 Atty. Gen. 62, 118. Under sub. (3) (c), alteration of county supervisory district boundaries between decennial censuses is authorized only when ward boundaries originally relied upon in reapportioning the county have been subsequently altered by incorporation, annexation, detachment, or consolidation. 63 Atty. Gen. 544. Section 59.06 (2) (intro.) [now s. 59.13 (2) (intro.)] does not prohibit payment of additional mileage under s. 59.03 (3) (g) [now sub. (3) (g)]. 68 Atty. Gen. 73. State law does not prohibit either discontinuation of all health insurance for county supervisors in self-organized counties during supervisors’ terms of office or modest but involuntary increases in health insurance premiums for county supervisors in self-organized counties during supervisors’ terms of office. OAG 5-11. A tribal law enforcement officer who is an active duty deputy sheriff, but is not on the county’s payroll, may not serve as a county board supervisor. Under sub. (4), the office of county supervisor is incompatible with the office of active duty deputy sheriff, even if the deputy sheriff is not paid by the county. OAG 3-13. The provision of health, dental, and life insurance and the payment of insurance premiums for county supervisors are not “compensation” under sub. (3). Thus the procedural requirements of that statute are inapplicable to motions or proposals to change those benefits. OAG 5-13.