The chairperson of a county board has not been delegated any sovereign power above and beyond the power given to other members of the board and the board as a whole.
The chairperson has been delegated power to administer oaths to persons required to be sworn concerning matters before the board, to countersign all ordinances enacted by the board and to preside at meetings of the board. Wis. Stat. § 59.12(1). If directed by an ordinance enacted by the board, the chairperson may also countersign county orders, transact board business with local and county officers, expedite measures resolved upon by the board or take care that all laws pertaining to county government are enforced. Id. These are mostly administrative and ministerial powers directed at facilitating decisions made by the board in the exercise of the board’s powers of government. Moreover, the powers in addition to those given by Wis. Stat. § 59.12(1) are not delegated to the chairperson by the Legislature but by the county board. Furthermore, public officers must be able to exercise their powers independently, without the control of a superior officer or body. Law Enforcement Stds. Bd., 98 Wis. 2d at 240; Burton, 38 Wis. 2d at 300.
But the powers of a county as a body corporate can only be exercised by the county board, or pursuant to a resolution adopted or ordinance enacted by the board. Wis. Stat. § 59.02(1) (2005-06). So whatever power the chairperson of a county board exercises is subject to the ultimate control of the board. Finally, a public officer must hold office by virtue of a commission or other written authority, must take an oath of office and give an official bond. Law Enforcement Stds. Bd., 98 Wis. 2d at 240; Burton, 38 Wis. 2d at 300.
The chairperson of a county board does not hold office by virtue of any written authority but is simply elected by the members of the board. Wis. Stat. § 59.12(1). And there is no requirement that the chairperson take an oath or give a bond to hold that position, apart from the oath required as a member of the board. See Wis. Stat. § 59.21(1) (2005-06). Therefore, the chairperson of a county board is not a county officer by virtue of holding the position of chair.
The chairperson of a county board is obviously not a county employee either.
An employee is someone who works for someone else, The American Heritage Dictionary of the English Language 604 (3d ed. 1996); Webster’s Third New International Dictionary 743 (unabridged ed. 1986), something a county board chair does not do.
Moreover, statutory definitions of “public employee” indicate that a public employee is someone who is not a public officer. Wis. Stat. §§ 19.32(1bg) and 939.22(30) (2005-06). And while the chairperson of a county board is not a public officer by virtue of being the chairperson of the board, he or she is a public officer by virtue of being a member of the board. So Wis. Stat. § 17.10 does not apply to the removal of the chairperson of a county board because the chairperson is not a county officer or employee, apart from being a member of the board, separately by virtue of holding the position of chair of the board. Furthermore, Wis. Stat. § 17.10 does not apply to the removal of the chairperson of a county board because the chairperson is not appointed, but is elected, by the board. Wisconsin Stat. § 59.12(1) provides that the county board, “at the first meeting after each regular election at which members are elected for full terms, shall elect a member chairperson.” The literal language of this statute is not necessarily controlling because in some circumstances “elect” must be construed to mean “appoint.” 63 Op. Att’y Gen. 286, 288 (1974); 61 Op. Att’y Gen. 116, 118-19 (1972). The meaning which “elect” is intended to convey in a statute must be determined by the circumstances in which it is used. 61 Op. Att’y Gen. at 118. See also Orion Flight Services v. Basler Flight Service, 2006 WI 51, ¶ 16, 290 Wis. 2d 421, 714 N.W.2d 130 (meaning of provision must be determined by considering words in context in which they are used including related statutes).