County Government Roles and Responsibilities Roles and Responsibilities Alan Probst Local Government Specialist Local Government Center UW-Extension Roles

County County GovernmentGovernment

County County GovernmentGovernment

Roles and ResponsibilitiesRoles and Responsibilities

Alan ProbstAlan ProbstLocal Government SpecialistLocal Government SpecialistLocal Government CenterLocal Government CenterUW-ExtensionUW-Extension

Roles and ResponsibilitiesRoles and Responsibilities

Alan ProbstAlan ProbstLocal Government SpecialistLocal Government SpecialistLocal Government CenterLocal Government CenterUW-ExtensionUW-Extension

County GovernmentCounty GovernmentCounty GovernmentCounty Government

Wisconsin counties are governed by Wisconsin counties are governed by elected county board of supervisorselected county board of supervisors

Some have nearly 40 members Some have nearly 40 members representing different areas and representing different areas and municipalities (i.e. supervisory municipalities (i.e. supervisory districts) within the countydistricts) within the county

Wisconsin counties are governed by Wisconsin counties are governed by elected county board of supervisorselected county board of supervisors

Some have nearly 40 members Some have nearly 40 members representing different areas and representing different areas and municipalities (i.e. supervisory municipalities (i.e. supervisory districts) within the countydistricts) within the county


59.0159.01 Body corporate; status. Each county in Body corporate; status. Each county in this state is a body corporate, authorized to this state is a body corporate, authorized to sue and be sued, to acquire and hold, lease or sue and be sued, to acquire and hold, lease or rent real and personal estate for public uses or rent real and personal estate for public uses or purposes, including lands acquired under purposes, including lands acquired under ch. 75ch. 75, to sell, lease and convey the same, including , to sell, lease and convey the same, including the authority to enter into leases or contracts the authority to enter into leases or contracts with the state for a period of years for the uses with the state for a period of years for the uses and purposes specified in and purposes specified in s. 23.09 (2) (d)s. 23.09 (2) (d), to , to make such contracts and to do such other acts make such contracts and to do such other acts as are necessary and proper to the exercise of as are necessary and proper to the exercise of the powers and privileges granted and the the powers and privileges granted and the performance of the legal duties charged upon performance of the legal duties charged upon it.it.


Administrative home ruleAdministrative home rule. Every county . Every county may exercise any organizational or may exercise any organizational or administrative power, subject only to the administrative power, subject only to the constitution and to any enactment of the constitution and to any enactment of the legislature which is of statewide concern legislature which is of statewide concern and which uniformly affects every county.and which uniformly affects every county.

Forms of County GovernmentForms of County GovernmentForms of County GovernmentForms of County Government

Three types:Three types: County ExecutiveCounty Executive County AdministratorCounty Administrator County Administrative County Administrative

CoordinatorCoordinator

County ExecutiveCounty ExecutiveCounty ExecutiveCounty Executive

County Executive is the chief County Executive is the chief executive officer, by ch. 59, Wisconsin executive officer, by ch. 59, Wisconsin StatutesStatutes

““Coordinates and directs all Coordinates and directs all administrative and management administrative and management functions”functions”


59.17(1)(a) states “each county with a population of 59.17(1)(a) states “each county with a population of 500,000 or more, a county executive 500,000 or more, a county executive shallshall be be

elected for a 4-year termelected for a 4-year term

59.17(1)(b)59.17(1)(b) providesprovides thatthat “Counties with a population “Counties with a population of less than 500,000 may by resolution of the of less than 500,000 may by resolution of the board or by petition and referendum create the board or by petition and referendum create the office of county executive or abolish it by petition office of county executive or abolish it by petition

and referendum.” and referendum.”


Appoints and supervises department heads subject Appoints and supervises department heads subject to county board confirmation, unless confirmation to county board confirmation, unless confirmation waived or civil servicewaived or civil service

Appoints members to boards and commissions, Appoints members to boards and commissions, where statutes give this authority to county board or where statutes give this authority to county board or its chairperson, subject to board confirmationits chairperson, subject to board confirmation

Submits the annual budgetSubmits the annual budget Has veto authorityHas veto authority

May veto ordinances and resolutionsMay veto ordinances and resolutions May veto appropriation in whole or partMay veto appropriation in whole or part County board can override with 2/3 vote County board can override with 2/3 vote

County AdministratorCounty AdministratorCounty AdministratorCounty Administrator

59.18(1) states “Counties having a 59.18(1) states “Counties having a population of less than 500,000 population of less than 500,000 may by resolution of the board or may by resolution of the board or by petition and referendum create by petition and referendum create the office of county administrator” the office of county administrator” and “The county administrator and “The county administrator shall be appointed by majority vote shall be appointed by majority vote of the board.” of the board.”

County AdministratorCounty AdministratorCounty AdministratorCounty Administrator

Chief administrative officer of the countyChief administrative officer of the county ““Appointed solely on merit”; no weight given to Appointed solely on merit”; no weight given to

residence, political affiliation, etc. residence, political affiliation, etc. Responsible for coordinating all administrative and Responsible for coordinating all administrative and

management functions of the county governmentmanagement functions of the county government Appoints and supervises department heads subject Appoints and supervises department heads subject

to county board confirmation, unless confirmation to county board confirmation, unless confirmation waived or civil servicewaived or civil service

Appoints members to boards and commissions, Appoints members to boards and commissions, where statutes give this authority to county board or where statutes give this authority to county board or its chairperson, subject to board confirmationits chairperson, subject to board confirmation

Submits annual budget Submits annual budget Answers to the county board of supervisorsAnswers to the county board of supervisors

Administrative CoordinatorAdministrative CoordinatorAdministrative CoordinatorAdministrative Coordinator

Similar to county administrator but Similar to county administrator but does not have appointment authority does not have appointment authority and “coordinates” rather than and “coordinates” rather than “supervises.” “supervises.”

Duties are close to those of a city or Duties are close to those of a city or village administrator who works under village administrator who works under a mayor or village president.a mayor or village president.

Administrative CoordinatorAdministrative CoordinatorAdministrative CoordinatorAdministrative Coordinator

59.19 59.19 Administrative coordinator . In any county Administrative coordinator . In any county which has not created the office of county executive which has not created the office of county executive or county administrator, the board shall designate, or county administrator, the board shall designate, no later than January 1, 1987, an elected or no later than January 1, 1987, an elected or appointed official to serve as administrative appointed official to serve as administrative coordinator of the county . The administrative coordinator of the county . The administrative coordinator shall be responsible for coordinating all coordinator shall be responsible for coordinating all administrative and management functions of the administrative and management functions of the county government not otherwise vested by law in county government not otherwise vested by law in boards or commissions, or in other elected officers.boards or commissions, or in other elected officers.

County Board ChairCounty Board ChairCounty Board ChairCounty Board Chair

Presides over meetings of the county Presides over meetings of the county board of supervisorsboard of supervisors

Commonly acts as spokesperson for Commonly acts as spokesperson for the county boardthe county board

If so appointed, has the powers of If so appointed, has the powers of administrative coordinatoradministrative coordinator

SupervisorsSupervisorsSupervisorsSupervisors

Supervisors serve primarily a legislative Supervisors serve primarily a legislative function (in contrast to the commission form function (in contrast to the commission form of county government, as in Illinois)of county government, as in Illinois)

The legislative function is largely limited to The legislative function is largely limited to policy making, law making, budgetary policy making, law making, budgetary approval, and cooperative decision-makingapproval, and cooperative decision-making

No operational control resides with individual No operational control resides with individual supervisorssupervisors


Supervisor’s authority is collective Supervisor’s authority is collective versus individualversus individual

While individual operational authority is While individual operational authority is possible under commission forms of possible under commission forms of government, none currently exist in government, none currently exist in WisconsinWisconsin


When appointed to a committee or When appointed to a committee or commission chair position, have the commission chair position, have the authority to set the agenda, preside at authority to set the agenda, preside at meetings and make reports and meetings and make reports and recommendations on its behalfrecommendations on its behalf

Basic County Board FunctionsBasic County Board FunctionsBasic County Board FunctionsBasic County Board Functions

Involve, represent and be accountable to the Involve, represent and be accountable to the publicpublic

Set policies Set policies Provide services Provide services Make budget and levy taxesMake budget and levy taxes Oversee county operationsOversee county operations RegulateRegulate Cooperate with other governmentsCooperate with other governments

How the Board Sets PolicyHow the Board Sets PolicyHow the Board Sets PolicyHow the Board Sets Policy

Plans Plans

(comprehensive plan, capital (comprehensive plan, capital improvement plan, parks plan, etc.) improvement plan, parks plan, etc.)

BudgetsBudgets

Ordinances & resolutionsOrdinances & resolutions

PlansPlansPlansPlans

A plan involves setting desired future A plan involves setting desired future conditions and steps to get there. conditions and steps to get there.

State law in effect “requires” adoption of a State law in effect “requires” adoption of a comprehensive plan by 2010.comprehensive plan by 2010.

Other common plans are strategic plans, Other common plans are strategic plans, capital improvement plans (how money will capital improvement plans (how money will be spent on infrastructure), a parks plan, a be spent on infrastructure), a parks plan, a transportation plan, etctransportation plan, etc. .

BudgetsBudgetsBudgetsBudgets

The budget is the document through which the The budget is the document through which the board determines what services will be board determines what services will be provided, how they will be funded, and to provided, how they will be funded, and to what level they will be funded. what level they will be funded.

The budget is the single most important The budget is the single most important document in the board’s duty to provide document in the board’s duty to provide servicesservices

The budget is the document through which the The budget is the document through which the board determines what services will be board determines what services will be provided, how they will be funded, and to provided, how they will be funded, and to what level they will be funded. what level they will be funded.

The budget is the single most important The budget is the single most important document in the board’s duty to provide document in the board’s duty to provide servicesservices

OrdinancesOrdinancesOrdinancesOrdinances

An ordinance is a local law prescribing rules of An ordinance is a local law prescribing rules of conduct related to the corporate powers of conduct related to the corporate powers of the governmental body. It is a law that can be the governmental body. It is a law that can be enforced by the officials of the governmental enforced by the officials of the governmental body. It is intended to be a permanent part of body. It is intended to be a permanent part of the governmental code. (Ordinances can also the governmental code. (Ordinances can also be organizational and can grant powers, be organizational and can grant powers, such as a licensing ordinance). such as a licensing ordinance).

ResolutionsResolutionsResolutionsResolutions

Resolutions are usually less permanent Resolutions are usually less permanent and deal with matters which are less and deal with matters which are less permanent or temporary in character. permanent or temporary in character. They are more often used to grant They are more often used to grant special privileges, express opinions, or special privileges, express opinions, or to communicate with other to communicate with other governmental bodies. A resolution may governmental bodies. A resolution may be used to adopt a budget. be used to adopt a budget.

Resolutions are usually less permanent Resolutions are usually less permanent and deal with matters which are less and deal with matters which are less permanent or temporary in character. permanent or temporary in character. They are more often used to grant They are more often used to grant special privileges, express opinions, or special privileges, express opinions, or to communicate with other to communicate with other governmental bodies. A resolution may governmental bodies. A resolution may be used to adopt a budget. be used to adopt a budget.

County Offices/DepartmentCounty Offices/DepartmentCounty Offices/DepartmentCounty Offices/Department

ClerkClerk TreasurerTreasurer SheriffSheriff CoronerCoroner

Clerk of Circuit Clerk of Circuit CourtCourt

Register of DeedsRegister of Deeds Surveyor Surveyor District AttorneyDistrict Attorney

Constitutional OfficersConstitutional OfficersConstitutional OfficersConstitutional Officers

Provided for by Provided for by Article VIArticle VI of the of the Wisconsin ConstitutionWisconsin Constitution

Duties discussed in Duties discussed in Chapter 59Chapter 59 of the of the Wisconsin StatutesWisconsin Statutes

DutiesDutiesDutiesDuties

Wisconsin StatutesWisconsin StatutesSheriffSheriff 59.2759.27 (jail, law enforcement)(jail, law enforcement)

CoronerCoroner 59.3459.34 (medical examiner)(medical examiner)

Clerk of CourtClerk of Court 59.40 59.40 (court records)(court records)

Register of DeedsRegister of Deeds 59.43 59.43 (record deeds, mortgages)(record deeds, mortgages)

ClerkClerk 59.2359.23 (board & other records(board & other records

TreasurerTreasurer 59.2559.25 (collect & disperse funds)(collect & disperse funds)

District AttorneyDistrict Attorney 978.05 978.05 (criminal actions)(criminal actions)

SurveyorSurveyor 59.45 59.45 (execute land surveys)(execute land surveys)

Constitutional OfficersConstitutional OfficersConstitutional OfficersConstitutional Officers

County Board has very limited control over County Board has very limited control over Constitutional officersConstitutional officers

Primarily restricted to budgetary control; Primarily restricted to budgetary control; however must fund sufficiently to meet state however must fund sufficiently to meet state mandatesmandates

Multiple court rulings support the autonomy of Multiple court rulings support the autonomy of constitutional officersconstitutional officers

Why is this so?Why is this so?Why is this so?Why is this so?

The limitation on board control of The limitation on board control of constitutional officers provides a constitutional officers provides a portion of the system of checks portion of the system of checks and balances in county and balances in county governmentgovernment

State or County?State or County?State or County?State or County?

While the Sheriff is part of the County While the Sheriff is part of the County government and works with (not for) the government and works with (not for) the County Board of Supervisors, his powers County Board of Supervisors, his powers and authority emanate from the state through and authority emanate from the state through the Constitution and statutes.the Constitution and statutes.

The Sheriff, in reality, is a de facto arm of the The Sheriff, in reality, is a de facto arm of the state.state.

Statutory ProtectionsStatutory ProtectionsStatutory ProtectionsStatutory Protections Wis. Stat. 59.22(1) protects a Sheriff from the Wis. Stat. 59.22(1) protects a Sheriff from the

board arbitrarily reducing his salary or board arbitrarily reducing his salary or refusing to pay the Sheriff unless recalled or refusing to pay the Sheriff unless recalled or removed by the Governor.removed by the Governor.

County board of supervisors MUST fund the County board of supervisors MUST fund the Sheriff’s Dept. sufficiently to meet state Sheriff’s Dept. sufficiently to meet state mandates and provide law enforcementmandates and provide law enforcement

Other County DepartmentsOther County DepartmentsOther County DepartmentsOther County Departments Human/Social Human/Social

ServicesServices University University

ExtensionExtension AgingAging

HighwayHighway Planning & ZoningPlanning & Zoning FinanceFinance PersonnelPersonnel

Land ConservationLand Conservation Veterans AffairsVeterans Affairs Corporation CounselCorporation Counsel Parks/RecreationParks/Recreation Waste ManagementWaste Management OthersOthers

County Board Role County Board Role Offices/Depts.Offices/Depts.

County Board Role County Board Role Offices/Depts.Offices/Depts.

While the county board has overall budget While the county board has overall budget authority, its relation to the county offices authority, its relation to the county offices and departments must be consistent with and departments must be consistent with the statutes and constitutionthe statutes and constitution

In general, the county board has less In general, the county board has less authority over elected and constitutional authority over elected and constitutional offices/departmentoffices/department

GovernanceGovernanceGovernanceGovernance

Effective board operations are based on Effective board operations are based on mutual understanding and respect for mutual understanding and respect for each other’s position and viewpointeach other’s position and viewpoint

Leadership responsibility can easily Leadership responsibility can easily become confused and controversialbecome confused and controversial

RolesRolesRolesRoles Chair of each commission and Chair of each commission and

committee takes the leadership role in committee takes the leadership role in matters under commission or matters under commission or committee’s jurisdictioncommittee’s jurisdiction..

Commission and committee leadership Commission and committee leadership includes setting the tone, agenda, includes setting the tone, agenda, goals, and presiding at the meetingsgoals, and presiding at the meetings

StaffStaffStaffStaff

County board supervisors and County board supervisors and department heads/staff have vastly department heads/staff have vastly different responsibilitiesdifferent responsibilities

Board supervisors serve in a Board supervisors serve in a primarily legislative roleprimarily legislative role

Department heads and staff serve in Department heads and staff serve in an operational and advisory rolean operational and advisory role

Policy vs. Policy vs. OperationsOperationsPolicy vs. Policy vs.

OperationsOperations

The Politics-Administration The Politics-Administration DichotomyDichotomy

The Politics-Administration The Politics-Administration DichotomyDichotomy

……Administration lies outside the Administration lies outside the proper sphere of politicsproper sphere of politics

……Although politics sets the tasks for Although politics sets the tasks for administration, it should not be administration, it should not be suffered to manipulate its offices.suffered to manipulate its offices.

--- Woodrow Wilson, 1887--- Woodrow Wilson, 1887

Policy vs. Admin/OpsPolicy vs. Admin/OpsPolicy vs. Admin/OpsPolicy vs. Admin/Ops

Policy (Board) = “What” and “Why”Policy (Board) = “What” and “Why”

Administration and Operations (Staff) = Administration and Operations (Staff) = “How” “When” and “Where”“How” “When” and “Where”

Policy vs. Admin/OpsPolicy vs. Admin/Ops

PolicyPolicy ““What” – Will we have a paid Fire What” – Will we have a paid Fire

Department?Department? ““Why” – Is it necessary to properly protect Why” – Is it necessary to properly protect

our citizens?our citizens?

Admin/OpsAdmin/Ops ““How” – How will we plow the roads?How” – How will we plow the roads? ““When” – When will we pick up refuse?When” – When will we pick up refuse? ““Where” - Where will we fill potholes?Where” - Where will we fill potholes?

PolicyPolicy(Board or Elected Head)(Board or Elected Head)

PolicyPolicy(Board or Elected Head)(Board or Elected Head)

Related to overall mission and Related to overall mission and purposepurpose

Requires visionRequires vision Longer termLonger term Addresses key issuesAddresses key issues Strategy developmentStrategy development

OperationsOperations(Departments & Staff)(Departments & Staff)

OperationsOperations(Departments & Staff)(Departments & Staff)

Implementation of policies and strategiesImplementation of policies and strategies Shorter termShorter term Day to day operationsDay to day operations Related to smaller functionsRelated to smaller functions Addresses department or individual issuesAddresses department or individual issues Requires attention to detailRequires attention to detail Requires specialized trainingRequires specialized training

Staff vs. BoardStaff vs. BoardStaff vs. BoardStaff vs. Board

StaffStaff BoardBoard EducationEducation Elected by peopleElected by people

ExperienceExperience Local connectionLocal connection

Background checkedBackground checked

BondedBonded

Professionally currentProfessionally current

Professional associationsProfessional associations

Leadership RolesLeadership Roles Leadership RolesLeadership Roles (Non-elected) department heads have the (Non-elected) department heads have the

leadership role in their departments within leadership role in their departments within the guidelines of the policies and procedures the guidelines of the policies and procedures set by the county executive, administrator, set by the county executive, administrator, and/or the board of supervisorsand/or the board of supervisors

Individual supervisors have Individual supervisors have nono management management or leadership roleor leadership role outside of committees and outside of committees and commissions; their commissions; their authority is collectiveauthority is collective as as a member of the boarda member of the board

Leadership RolesLeadership RolesLeadership RolesLeadership Roles

When you read the Wisconsin statutes, it When you read the Wisconsin statutes, it strongly implies:strongly implies:

““Thou Shalt Not Micro-Manage”Thou Shalt Not Micro-Manage”

Staff Roles and ResponsibilitiesStaff Roles and ResponsibilitiesStaff Roles and ResponsibilitiesStaff Roles and Responsibilities

Staff (non-elected departments heads and Staff (non-elected departments heads and other key staff) has an obligation to carry other key staff) has an obligation to carry out their duties in a manner out their duties in a manner consistent with consistent with the policy direction of the boardthe policy direction of the board and and executive/administratorexecutive/administrator

Staff makes recommendations and give Staff makes recommendations and give professional advice. They generally professional advice. They generally do NOT do NOT make policymake policy other than internal department other than internal department policies as authorizedpolicies as authorized

Staff Roles and ResponsibilitiesStaff Roles and Responsibilities Staff Roles and ResponsibilitiesStaff Roles and Responsibilities

Staff’s primary duty during meetings is Staff’s primary duty during meetings is to be prepared to answer professional to be prepared to answer professional questions and present professional questions and present professional reports to enable elected officials to reports to enable elected officials to make informed decisionsmake informed decisions

Staff should be prepared to offer Staff should be prepared to offer alternatives and recommendations as alternatives and recommendations as neededneeded

Staff Roles and Responsibilities Staff Roles and Responsibilities Staff Roles and Responsibilities Staff Roles and Responsibilities

A key to staff success is to remain A key to staff success is to remain “politically savvy while politically “politically savvy while politically

neutral”neutral”

Staff Roles and ResponsibilitiesStaff Roles and ResponsibilitiesStaff Roles and ResponsibilitiesStaff Roles and Responsibilities

Staff has an obligation to remain “politically Staff has an obligation to remain “politically neutral”; they should never take a position neutral”; they should never take a position based on politicsbased on politics

Supervisors should not assume staff are Supervisors should not assume staff are “taking a side” if the answer they receive on “taking a side” if the answer they receive on a professional question is not what they a professional question is not what they hoped forhoped for

Questions & CommentsQuestions & Comments

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Documents

County Government Roles and Responsibilities Roles and Responsibilities Alan Probst Local Government Specialist Local Government Center UW-Extension Roles