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.

59.26 AnnotationThe court of appeals lacks jurisdiction to hear an appeal of a circuit court order under sub. (8) (b) 6. Public Safety & Justice Committee v. Erickson, 220 Wis. 2d 175, 582 N.W.2d 742 (Ct. App. 1998), 97-1621.

59.26 AnnotationUnder the Wisconsin Constitution, the sheriff has certain powers and prerogatives derived from the common law that cannot be limited by collective bargaining agreements. If a duty is one of those immemorial principal and important duties that characterized the office of sheriff at common law, the sheriff may choose the ways and means of performing the duty and cannot be limited by a collective bargaining agreement. Internal management and administrative duties fall within the “mundane and commonplace” duties not preserved at common law. Dunn County v. WERC, 2006 WI App 120, 293 Wis. 2d 637, 718 N.W.2d 138, 05-1917.

59.26 AnnotationA collective bargaining agreement provision confining the powers of deputies serving as court security officers to the county judicial center and giving the clerk of courts priority over the sheriff in the scheduling, directing, and supervision of those deputies interferes with the sheriff’s duty of attendance on the court, which is a duty preserved for the sheriff by the constitution. Dunn County v. WERC, 2006 WI App 120, 293 Wis. 2d 637, 718 N.W.2d 138, 05-1917.

59.26 AnnotationThe power to hire does not give character and distinction to the office of sheriff; it is not a power peculiar to the office. Certain duties of the sheriff at common law that are peculiar to the office and that characterize and distinguish the office are constitutionally protected from legislative interference, but the constitution does not prohibit all legislative change in the powers and duties of a sheriff as they existed at common law. Internal management and administrative duties that neither give character nor distinction to the office fall within the mundane and common administrative duties that may be regulated by the legislature. Hiring and firing personnel to provide food to inmates is subject to legislative regulation, including collective bargaining under s. 111.70. Kocken v. Wisconsin Council 40, 2007 WI 72, 301 Wis. 2d 266, 732 N.W.2d 828, 05-2742.

59.26 AnnotationThe assignment of deputies to transport federal and state prisoners to and from a county jail pursuant to a contract for the rental of bed space is not a constitutionally protected duty of the sheriff’s office and is thus subject to the restrictions of a collective bargaining agreement. Ozaukee County v. Labor Ass’n of Wisconsin, 2008 WI App 174, 315 Wis. 2d 102, 763 N.W.2d 140, 07-1615.

59.26 AnnotationA sheriff may not be restricted in whom the sheriff assigns to carry out the sheriff’s constitutional duties if the sheriff is performing immemorial, principal, and important duties characterized as belonging to the sheriff at common law. Attending on the courts is one of the duties preserved for the sheriff by the constitution. When a sheriff effects the delivery of prisoners pursuant to court-issued writs, the sheriff is attending on the court and can contract with a private entity for the transportation of prisoners, rather than utilizing deputies employed by the sheriffs department. Brown County Sheriff’s Department Non-Supervisory Labor Ass’n v. Brown County, 2009 WI App 75, 318 Wis. 2d 774, 767 N.W.2d 600, 08-2069.

59.26 AnnotationWhen a collective bargaining agreement (CBA) provided a grievance procedure and stated that “in cases for proper cause, this [grievance] procedure shall be followed insofar as it is consistent with [sub.] (8) (b),” and the court found that use of the grievance procedure in the CBA was “consistent with” sub. (8) (b), sub. (8) (b) allowed a dismissed deputy to choose to appeal the order of the grievance committee to circuit court or utilize the grievance procedure in the CBA. Waukesha County v. WERC, 2014 WI App 20, 352 Wis. 2d 707, 844 N.W.2d 385, 13-0375.

59.26 AnnotationThe sheriff does not have unilateral statutory authority under sub. (2) to determine the total number of deputies to be appointed. Section 59.22 plainly provides that a county board may establish the number of employees in any department or office, including deputies to elective officers, and that section prevails over sub. (2). Thus, the county board, and not the sheriff, has the authority to regulate the number of law enforcement officers employed by the county. Milwaukee Deputy Sheriffs’ Ass’n v. Milwaukee County, 2016 WI App 56, 370 Wis. 2d 644, 883 N.W.2d 154, 15-1577.

59.26 AnnotationWhen a county has a civil service plan for deputy sheriffs, transfers may result in promotion, and such vacancies should be filled by examination and certification of three eligibles to the sheriff for appointment. 61 Atty. Gen. 10.

59.26 AnnotationIn counties where deputy sheriffs are under civil service under s. 59.21 (8) [now sub. (8)], the county board may provide job classifications for deputy sheriff positions that would form the basis of selection of competent personnel who could, on appointment by the sheriff, be assigned to perform duties on a felony squad on a countywide basis. By reason of s. 59.24 (1) [now s. 59.28 (1)], or by means of a posse comitatus, the sheriff could on a case-by-case basis assert leadership, direction, and control over the investigation of a crime in an area that has a police department, and it is the duty of local police to cooperate. 61 Atty. Gen. 79.

59.26 AnnotationSection 63.065 is incorporated by reference into s. 59.21 (8) (a) [now sub. (8) (a)]. 68 Atty. Gen. 124.

59.26 AnnotationThis section does not affect a sheriff’s power to call a posse comitatus. 68 Atty. Gen. 334.

59.26 AnnotationIn counties that have imposed no local residency requirement, only deputy sheriffs or undersheriffs appointed under s. 59.21 (1) [now sub. (1)] are required to be county residents at the time of initial employment. 80 Atty. Gen. 119.

59.26 AnnotationA sheriff represents the county when enforcing the law. Sovereign immunity for state officials under the 11th amendment to the U.S. Constitution does not apply. Abraham v. Piechowski, 13 F. Supp. 2d 870 (1998).

59.27(2)(2) Keep a true and exact register of all prisoners committed to any jail under the sheriff’s charge, in a book for that purpose, which shall contain the names of all persons who are committed to any such jail, their residence, the time when committed and cause of commitment, and the authority by which they were committed; and if for a criminal offense, a description of the person; and when any prisoner is liberated, state the time when and the authority by which the prisoner was liberated; and if any person escapes, state the particulars of the time and manner of such escape.

59.27(3)(3) Attend upon the circuit court held in the sheriff’s county during its session, and at the request of the court file with the clerk thereof a list of deputies for attendance on the court. The court may by special order authorize additional deputies to attend when the court is engaged in the trial of any person charged with a crime. Except as otherwise provided in this section, the board shall establish the rate of compensation and the level of services to be provided. The sheriff or one or more deputies shall attend the court of appeals when it is in session in the sheriff’s county. The state shall reimburse the county from the appropriation under s. 20.660 (1) for the actual salary paid to the sheriff or deputies for the service provided for the court of appeals.

59.27(4)(4) Personally, or by the undersheriff or deputies, serve or execute all processes, writs, precepts and orders issued or made by lawful authority and delivered to the sheriff.

59.27(5)(5) Deliver on demand to the sheriff’s successor in office, when the sheriff’s successor has qualified according to law, the jail and other property of the county and all prisoners in the jail, and all books, records, writs, processes, orders and other papers belonging to the sheriff’s office and in the possession of the sheriff, undersheriff, jailer or deputies, except as provided in s. 59.33, and upon the delivery of these items the successor in office shall execute a receipt to the sheriff therefor.

59.27(6)(6) In counties having a population of 300,000 or more, assign one deputy, to be mutually agreed upon by the sheriff and the district attorney, to the office of the district attorney.

59.27(8)(8) The sheriff is authorized to destroy all sheriff’s dockets, daily jail records and cash books dated prior to 1901. It shall be the duty of the sheriff to retain and safely keep all such records for a period of 8 years, or a shorter period authorized by the public records board under s. 16.61 (3) (b), after which the records may be destroyed.