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Wisconsin County Official's Handbook 6th Edition Handbook.indd 1 5/30/18 1:54 PM This handbook sets forth general information on the topics addressed and does not constitute legal advice. You should contact your county’s legal counsel for specific advice. 2018 Published by Wisconsin Counties Association 22 E. Mifflin St., Suite 900 Madison, WI 53703 1.866.404.2700 www.wicounties.org­­­ 6th Edition Handbook.indd 2-3 5/30/18 1:54 PM CHAPTERWELCOME HEAD 6th Edition The Wisconsin County Official’s Handbook: Empowering County Officials through Education Mark D. O’Connell, Executive Director, Wisconsin Counties Association s a county official, you are faced daily with the daunting task of understanding a myriad of county issues and implementing complex programs and services. This must be done in such a way as to best meet the needs of your constituents, while holding the line on pre- Acious tax dollars. Government at any level is a fluid entity and with constantly changing issues and emerging trends, this is not an easy task. In your hands is the 6th edition of the Wisconsin County Official’s Handbook, the most comprehensive document to date on county operations. It was produced by the Wisconsin Counties Association (WCA) staff in response to members’ ongoing requests for additional educational materials. The handbook is comprised of a collection of information covering topics that county officials handle on a regular basis. From an in-depth review of parliamentary procedures to personnel practices to budgeting, this document brings together all areas of county operations in one centralized place. It is our intention to keep the information provided within these pages current and make any nec- essary revisions to the content. In an attempt to provide you with the most useful document possible, please review it, use it often, and give us feedback on its effectiveness. Your thoughts are welcome and should be directed to Jennifer L. Bock, WCA managing editor at 608.663.7188, [email protected]. WCA hopes this document will become the standard reference document on county government for all county government officials. As with any project, there were many players that made the Wisconsin County Official’s Handbook possible. WCA is fortunate to be surrounded with outstanding indi- viduals who are experts in their field. Their work can be seen within the pages of this document and even more importantly, their contributions toward effective governing will be felt in the years ahead. The association would like to specifically recognize UW-Extension’s Local Government Center (LGC) for not only their continued support in lending their time and expertise to produce this docu- ment, but also for their generous sponsorship of this edition. The financial contributions from both LGC and von Briesen & Roper, S.C. has allowed this publication to remain the printed piece you now hold. Without the support of WCA’s general counsel, Atty. Andrew Phillips with von Briesen, this docu- ment would not be possible. His contribution of the firm’s professional resources to the production of many of the chapters of this handbook has resulted in a document that has exceeded our expectations. With effective governing as the ultimate destination, it is our hope that the Wisconsin County Official’s Handbook may be the map to get you there. Enjoy the journey. Wisconsin County Official’s Handbook 5 6th Edition Handbook.indd 4-5 5/30/18 1:54 PM CONTENTS Contents INTRODUCTION Getting Started on the County Board ............................................ 9 ORGANIZATION County Government Structure ..................................................... 15 Issue Focus County Board Rules .................................................................. 27 County Departments & Offices .................................................... 35 LAWS OF GOVERNING Wisconsin Open Meetings Law .................................................... 69 The Wisconsin Public Records Law .............................................. 79 Conflicts of Interest & Ethics ...................................................... 97 Public Bidding Requirements ..................................................... 107 MEETING GUIDELINES A Few FAQs on Parliamentary Procedure .................................. 113 Issue Focus Participation in Meetings via Teleconference ......................... 123 OPERATIONS County Budgets & Financial Management ................................... 129 Personnel .................................................................................. 141 Issue Focus Wisconsin Retirement System ................................................ 157 Issue Focus Employee Health Benefits ....................................................... 161 Emergency Management ............................................................. 169 Human Services: A Primer ......................................................... 175 ENGAGEMENT Rethinking Public Engagement ................................................... 179 Interacting with the Media ........................................................ 187 RESOURCES Online Resources ...................................................................... 193 County Official’s Handbook 7 6th Edition Handbook.indd 6-7 5/30/18 1:54 PM INTRODUCTION Getting Started on the County Board J. Michael Blaska, Chief of Staff, Wisconsin Counties Association (retired) o, you have been elected to serve on the county board. Now what? You likely have a few specific issues that caused you to run for office and that are close to your heart. You may have initiatives you want to accomplish right away. In your attempt to positively impact county Sgovernment and the citizens it serves, there are a few things you should know before you get started. First, it is important to understand that county government authority comes from the Wisconsin Constitution and Chapter 59 of the Wisconsin State Statutes. These governing laws are available online at docs.legis.wisconsin.gov. County government authority is very different from the authority of cities and villages. While cities and villages have constitutional home rule authority, counties are limited to statutory administrative home rule authority. This means that while counties may exercise any organizational or administrative power in the conduct of their affairs, they remain subject to the constitution and to any enactment of the Legislature that is of statewide concern and uniformly affects every county. More simply put, counties can only act as the state statutes and constitution allow. Cities and villages have unlimited authority unless specifically prohibited by state statute or Wisconsin’s Constitution. The limited authority given to counties reinforces the original intent of our state’s founders in forming the partnership between the state and county government - counties act as the local presence of the state and carry out certain critical functions of state government. For example, clerks of circuit court administer the state court system, county sheriffs apprehend violators of state laws, county clerks manage elections to state offices, treasurers bill and collect state taxes, and registers of deeds keep certain state records such as birth and death certificates, marriage licenses, and property deeds. The form of county government that the state of Wisconsin chose in 1870 is also important to understand when evaluating the specific role you have as a county board supervisor. Some states have a commissioner form of county government with three to five commissioners (some elected countywide) that are responsible for both creating policy and managing county government. Wisconsin county boards operate under the supervisor form of government and are larger in size – ranging from 7 to 38 members. A county board in Wisconsin is considered a legislative body that sets policy. Its members, county board supervisors, serve in a legislative and visionary role. Their authority is collective versus individual. No operational control resides with individual county board supervisors; however, the board is responsible for holding accountable the persons appointed to operate county government. Some of the basic county board functions are as follows: ❏❏ Involve, represent, and be accountable to the public. ❏❏ Determine which services are to be provided. ❏❏ Adopt the annual budget and levy taxes. ❏❏ Hire, evaluate, and retain good administrators. Wisconsin County Official’s Handbook 9 6th Edition Handbook.indd 8-9 5/30/18 1:54 PM INTRODUCTION INTRODUCTION Getting Started ❏❏ Regulate within statutory authority. from the executive or administrator. Staff makes recommendations and gives professional advice, but ❏❏ Cooperate with other levels of government. generally does not make policy other than internal department policies as authorized. In sum, the basic ❏❏ Focus on the long-term rather than the past or short-term. function of county staff is to (1) carry out the board’s policy directives; and (2) provide the board with ❏❏ Conduct strategic planning addressing key issues and opportunities. information and advice so as to allow the policy-makers the opportunity to make informed decisions. ❏❏ Determine an overall mission and purpose. Understanding board and staff roles and responsibilities is critical to forming an efficient partnership between board and staff. When an efficient partnership exists, it will result in the efficient delivery of Like the state legislature, Wisconsin counties utilize a strong committee structure to conduct their critical services
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