This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
Analysis by the Legislative Reference Bureau
This bill makes changes to 1) the method of filling town board of supervisors
vacancies; 2) public notice requirements for certain governmental meetings; 3)
appointment and removal procedures for certain town officeholders; 4) procedures
to appeal the denial of a temporary use permit or extension; 5) the maximum wages
that may be paid to elected town officers who also serve as town employees; and 6)
the term of a town assessor.
Under current law, a vacancy on a town board is filled at a special election or
by an appointment made by the remaining town board supervisors and the town

clerk. The bill provides that if there are two vacancies on the town board, the
remaining supervisors, the town clerk, and the town treasurer appoint an individual
to fill one vacancy and the remaining supervisors, including the appointee, and the
town clerk appoint an individual to fill the other vacancy. The bill also provides that
if there are not at least three individuals available to make appointments, the town
clerk, or the county clerk if the town clerk position is vacant, must call a special town
meeting of the electors to vote to fill the number of vacancies necessary so that the
supervisors, including the appointees, and the town clerk and town treasurer may
make appointments to fill the remaining vacancies.
Generally, under current law, if a town board is authorized by a town meeting
to appoint instead of elect persons to offices, the board must appoint a person to fill
the office of town clerk, town treasurer, or both, and the board must make the initial
appointment not fewer than 30 days nor more than 60 days after the town meeting
at which the authorization is given. The bill repeals the requirement relating to the
timing of when the town board must make the initial appointment.
Current law provides a number of methods by which public notice must be given
for meetings of a governmental body, including a property tax board of review which
reviews local property tax rolls. “Governmental body” is defined as a state or local
agency, board, commission, committee, council, department or public body corporate
and politic created by constitution, statute, ordinance, rule or order, including
certain special purpose districts such as a local exposition district. The bill expands
how public notice of a meeting of a governmental body may be given.
Under current law, if a village board trustee is temporarily incapacitated
because of physical or mental disability, the board may appoint a person to discharge
the trustee's duties until the disability is removed. The bill creates a similar
provision for a member of a town board of supervisors who is temporarily
incapacitated in a similar way.
Current law provides that an elective village officer may be removed for the
continued physical inability to perform the duties of office or gross neglect of duty by
a majority vote of all the members of the village board. The bill creates a similar
removal provision for any elective town officer.
The bill authorizes an applicant to appeal the denial of a temporary use permit
application or permit extension application by the chief of a fire district if the basis
of the denial is a discretionary determination. Under the bill, the applicant may
appeal the denial to the common council or village or town board to which the
application relates. Following a hearing on the denial, the council or board may
approve the applicant's permit or extension application.
Generally, under current law, an elected town officer who also serves as a town
employee may be paid an hourly wage not exceeding $5,000 each year for serving as
a town employee, except that if the individual is an elected town clerk or town
treasurer or an officer serving as a combined town clerk and town treasurer, the
maximum hourly wage he or she may be paid for serving as a town employee is
$15,000 each year. Under the bill, any elected town officer who serves as a town
employee may be paid an hourly wage not exceeding $15,000 each year for serving
as a town employee.

The bill extends from three years to five years the maximum contract length
that a town can engage in with an appointed assessor.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB661,1 1Section 1. 17.13 (2m) of the statutes is created to read:
AB661,3,42 17.13 (2m) Elective town officers. Any elective town officer by a majority
3vote of all the members of the town board, because of continued physical inability to
4perform the duties of office or gross neglect of duty.
AB661,2 5Section 2. 17.13 (3) of the statutes is amended to read:
AB661,3,106 17.13 (3) All officers. Any village, town, town sanitary district, school district
7or technical college district officer, elective or appointive, including those embraced
8within subs. (1) and, (2), and (2m), by the judge of the circuit court of the circuit
9wherein the village, town, town sanitary district, school district or technical college
10district is situated, for cause.
AB661,3 11Section 3 . 17.25 (1) of the statutes is renumbered 17.25 (1) (a) 1. and amended
12to read:
AB661,3,1713 17.25 (1) (a) 1. In the town board, by the remaining supervisors and the town
14clerk, except when a special election is authorized under this subsection subd. 2. and
15par. (d)
or as provided in s. 9.10, and except when the vacancy is caused by removal
16by the circuit judge as provided by law, which latter vacancy shall be filled by
17appointment by that judge.
AB661,4,2 18(b) Vacancies in other elective town offices shall be filled by appointment by the
19town board, except as provided in ss. 8.50 (4) (fm) and 9.10, and except for vacancies

1caused by removal by the judge of the circuit court which latter vacancy shall be filled
2by that judge.
AB661,4,12 3(c) Persons appointed under this subsection to fill vacancies shall hold office
4for the residue of the unexpired term or, if a special election is ordered to fill a
5vacancy, until the successor is elected and qualified, except persons appointed to fill
6vacancies as members of the water or light commission, which persons shall hold
7office only until their successors are elected and qualify and such successors shall be
8elected at the annual town meeting next after the vacancy occurs if the vacancy
9occurs 12 days or more prior to the meeting; otherwise at the annual town meeting
10held in the year next succeeding unless a special election is ordered to fill the vacancy
11at an earlier date, in which case they shall hold office until their successors are
12elected and qualify
.
AB661,4,21 13(d) Any town board having more than 3 members may, if a vacancy in the office
14of supervisor occurs before June 1 in the year preceding expiration of the term of
15office, order a special election to fill the vacancy. If the town board orders a special
16election during the period beginning on June 1 and ending on November 30 of any
17year, the special election shall be held concurrently with the succeeding spring
18election. If the town board orders a special election during the period beginning on
19December 1 and ending on May 31 of the succeeding year, the special election shall
20be held on the Tuesday after the first Monday in November following the date of the
21order. A person so elected shall serve for the residue of the unexpired term.
AB661,4 22Section 4 . 17.25 (1) (a) 2. of the statutes is created to read:
AB661,5,223 17.25 (1) (a) 2. a. If there are two vacancies in the town board, the remaining
24supervisors, the town clerk, and the town treasurer shall appoint an individual to fill

1one vacancy and the remaining supervisors, including the appointee, and the town
2clerk shall appoint an individual to fill the other vacancy.
AB661,5,93 b. If the number of vacancies on the town board are such that there are not at
4least 3 individuals, including any remaining supervisors, the town clerk, and the
5town treasurer, available to make appointments, the town clerk, or the county clerk
6if the town clerk position is vacant, shall call a special town meeting of the electors
7to vote to fill the number of vacancies necessary in order to follow the procedure for
8appointment under subd. 2. a. Notice of the meeting shall be given as provided under
9s. 60.12 (3).
AB661,5 10Section 5. 19.84 (1) (b) of the statutes is amended to read:
AB661,5,1611 19.84 (1) (b) By communication from the chief presiding officer of a
12governmental body or such person's designee to the public using a publication or
13posting method as described under s. 985.02
, to those news media who have filed a
14written request for such notice, and to the official newspaper designated under ss.
15985.04, 985.05 and 985.06 or, if none exists, to a news medium likely to give notice
16in the area.
AB661,6 17Section 6. 60.30 (1e) (e) of the statutes is amended to read:
AB661,5,2418 60.30 (1e) (e) Notwithstanding sub. (1) (a) 2. and subject to pars. (f) and (g), a
19town board that is authorized to do so by a town meeting under s. 60.10 (1) (b) 2m.
20shall appoint, by a majority of the members-elect of the town board, as defined in s.
2159.001 (2m), a person to fill the office of town clerk, town treasurer, or both, or to fill
22the combined office of town clerk and town treasurer under s. 60.305 (1). The town
23board shall make the initial appointment not less than 30 days nor more than 60 days
24after the annual town meeting at which the authorization is given.
AB661,7 25Section 7. 60.30 (5) (c) of the statutes is created to read:
AB661,6,3
160.30 (5) (c) If a town board supervisor is temporarily incapacitated because
2of physical or mental disability, the town board may appoint a person to discharge
3the supervisor's duties until the disability is removed.
AB661,8 4Section 8. 60.307 (3) (b) of the statutes is amended to read:
AB661,6,75 60.307 (3) (b) If the town does not have or adopt a civil service system, the town
6board shall appoint assessors on the basis of merit, experience and general
7qualifications for a term not to exceed 3 5 years.
AB661,9 8Section 9 . 60.37 (4) (a) of the statutes is amended to read:
AB661,6,209 60.37 (4) (a) An elected town officer, other than a town clerk, a town treasurer,
10or an officer serving in a combined office of town clerk and town treasurer, who also
11serves as a town employee may be paid an hourly wage for serving as a town
12employee, not exceeding a total of $5,000 each year.
An elected town officer, who is
13a town clerk, a town treasurer, or an officer serving in a combined office of town clerk
14and town treasurer,
who also serves as a town employee may be paid an hourly wage
15for serving as a town employee, not exceeding a total of $15,000 each year. Amounts
16that are paid under this paragraph may be paid in addition to any amount that an
17individual receives under s. 60.32 or as a volunteer fire fighter, emergency medical
18services practitioner, or emergency medical responder under s. 66.0501 (4) (a). The
19$5,000 $15,000 maximum in this paragraph includes amounts paid to a town board
20supervisor who is acting as superintendent of highways under s. 82.03 (1).
AB661,10 21Section 10 . 60.61 (1m) (title) of the statutes is amended to read:
AB661,6,2222 60.61 (1m) (title) Building code enforcement; appeal process.
AB661,11 23Section 11 . 60.61 (1m) of the statutes is renumbered 60.61 (1m) (a).
AB661,12 24Section 12 . 60.61 (1m) (b) of the statutes is created to read:
AB661,7,8
160.61 (1m) (b) If an applicant is denied a temporary use permit or an extension
2of a temporary use permit and the individual denying the permit or extension is the
3chief of a fire district, or an authorized individual acting on the chief's behalf, and
4if the basis of the denial is a discretionary determination by the chief or authorized
5individual, the permit or extension applicant may appeal the denial to the town
6board of the town to which the application relates. Following a hearing on the fire
7district chief's or authorized individual's denial, the town board may approve the
8applicant's temporary use permit or extension application.
AB661,13 9Section 13 . 62.23 (9) (title) of the statutes is amended to read:
AB661,7,1010 62.23 (9) (title) Building inspection ; appeal process.
AB661,14 11Section 14 . 62.23 (9) (c) of the statutes is created to read:
AB661,7,1912 62.23 (9) (c) If an applicant is denied a temporary use permit or an extension
13of a temporary use permit and the individual denying the permit or extension is the
14chief of a fire district, or an authorized individual acting on the chief's behalf, and
15if the basis of the denial is a discretionary determination by the chief or authorized
16individual, the permit or extension applicant may appeal the denial to the common
17council of the city to which the application relates. Following a hearing on the fire
18district chief's or authorized individual's denial, the common council may approve
19the applicant's temporary use permit or extension application.
AB661,15 20Section 15. 70.47 (2) of the statutes is amended to read:
AB661,8,421 70.47 (2) Notice. At least 15 days before the first session of the board of review,
22or at least 30 days before the first session of the board of review in any year in which
23the taxation district conducts a revaluation under s. 70.05, the clerk of the board
24shall publish a class 1 notice, place a notice in at least 3 public places and place a
25notice on the door of the town hall, of the village hall, of the council chambers or of

1the city hall
under ch. 985 of the time and place of the first meeting of the board under
2sub. (3) and of the requirements under sub. (7) (aa) and (ac) to (af). A taxpayer who
3shows that the clerk failed to publish the notice under this subsection may file a claim
4under s. 74.37.
AB661,16 5Section 16 . Initial applicability.
AB661,8,96 (1) Building permit appeals. The treatment of s. 62.23 (9) (title) and (c), the
7amendment of s. 60.61 (1m) (title), the renumbering and amendment of s. 60.61 (1m),
8and the creation of s. 60.61 (1m) (b) first apply to a temporary use permit or extension
9application that is filed on the effective date of this subsection.
AB661,8,1210 (2) Public notice, governmental meetings. The treatment of ss. 19.84 (1) (b)
11and 70.47 (2) first applies to a meeting that is noticed on the effective date of this
12subsection.
AB661,8,1413 (3) Appointment of town officers. The treatment of s. 60.30 (1e) (e) first
14applies to an initial appointment that occurs on the effective date of this subsection.
AB661,8,1615 (4) Appointment of assessors. The treatment of s. 60.307 (3) (b) first applies
16to an appointment of an assessor on the effective date of this subsection.
AB661,8,1717 (End)
Loading...
Loading...