Authority Structure and Roles and Responsibilities of the County Board

County Government Authority, Administrative Structure Options, and The Roles And Responsibilities Of County Board Members ∗ Wisconsin county government structure is unique ∗ No public sector comparable ∗ No private sector comparable ∗ No nonprofit comparable ∗ Without clarification and understanding of roles, there is confusion and opportunity for discord ∗ What we do as counties is too important to not take our jobs incredibly seriously Why Are We Doing This? County Government Authority ∗ Each county is a body corporate ∗ Authorized to sue and be sued ∗ Acquire and hold, lease , rent , or sell real and personal estate for public uses or purposes ∗ Includes lands acquired by tax deed ∗ Including leases or contracts with the state for conservation purposes ∗ “Such other acts as are necessary and proper to the exercise of the powers and privileges granted and the performance of the legal duties charged upon it.” ∗ Wis. Stat. §59.01 ∗ Article IV, Section 22: “The Legislature may confer upon the boards of supervisors of the several counties of the state such powers of a local, legislative and administrative character as they shall fromtime to time prescribe.” ∗ Article VI, Section 4 identifies county officers, as well asthe conditions of their election, removal and terms of office. The constitutionally specified officers are sheriffs, coroners, registers of deeds, district attorneys, judges and clerks of circuit court, treasurers and county clerks. Counties Under The Wisconsin Constitution ∗ Administrative Home Rule. Sec. 59.03(1 ) Every county may exercise any organizational or administrative power, subject only to the constitution and to any enactment of the legislature which is of statewide concern and which uniformly affects every county. ∗ Limitation Example : County with County Administrator cannot place appointment authority with board ∗ AG Opinion January 28, 2010 County Administrative Home Rule Statute Self organization provides more flexibility on the manner in which the board of supervisors may operate ∗ Use of staggered terms ∗ Compensation of supervisors ∗ Filling county supervisor vacancies ∗ Wis. Stat. §59.10(1) Self-Organized Counties How accomplished? ∗ Majority of whole board adopts an ordinance invoking the authority of the authorizing statute ∗ County board adopts the policies it desires ∗ Wis. Stat. §59.10(1) Self-Organized Counties ∗ Required to meet on the third Tuesday of April ∗ May adjourn to different date ∗ Purpose is to organize and transact business ∗ Wis. Stat. §59.11(1) (c) Organizational Meeting ∗ To be held annually on the Tuesday after the second Monday of November ∗ A board may establish by rule an earlier date in October or November for the annual meeting ∗ Purpose is to organize and transact business ∗ May be adjourned by the clerk, upon written request by a majority of the supervisors, but not less than one week nor more than three weeks from the Tuesday after the second Monday in November ∗ Wis. Stat. §59.11(1) (a) and (b) Annual Meeting QUIZ ∗ Name the 3 branches of Federal Government ∗ Legislative (House and Senate) ∗ Executive (President) ∗ Judicial (Federal Courts) ∗ Name the 3 branches of State Government ∗ Legislative (Assembly and Senate) ∗ Executive (Governor) ∗ Judicial (State Courts) ∗ Name the 3 branches of City Government ∗ Legislative (City Council) ∗ Executive (Mayor) ∗ Municipal Courts QUIZ ∗ Name the 3 branches of County Government ∗ Legislative (County Board) ∗ Executive?? (Executive, Administrator, Administrative Coordinator) ∗ Judicial?? WHY ARE COUNTIES DIFFERENT THAN EVERY OTHER LAYER OF GOVERNMENT?? DOES THAT MEAN THAT COUNTIES MUST OPERATE DIFFERENTLY THAN OTHER LAYERS?? ∗ Traditional Governance: The board approves staff action plans and then exercises oversight by monitoring all aspects of the operation. The board tries to keep up with and to instruct management. ∗ Policy Governance: The board states what the organization must achieve and holds management accountable. The board must lead. Also the board describes what means will not be acceptable. The work of the board is focused on revising the desired results and means. Consequently its attention is given mainly to attending to the needs of the community served. Forms Of Governance An Alternative – the County Commission Form of Government ∗ Common in Western States as well as Illinois ∗ Usually 3, 5 or 7 members ∗ Well paid, with their own offices and staff ∗ Have absolute authority over operational aspects ∗ Wisconsin does not allow for the commission form of county government In Wisconsin, three forms of the executive branch in county government exist ∗ County Executive (11 counties) ∗ County Administrator (28 counties) ∗ County Administrative Coordinator (33 counties) The Executive Branch in County Government WCA does not have a position on which form of the executive branch a county should choose. WCA believes that decision is best made at the local level by the county board. ∗ The most recent county to move to a county executive was Portage County in 2006. Portage County is also the smallest county in population (approx. 71,000) to have a county executive ∗ Since 2007, eleven counties have moved from an administrative coordinator position to a county administrator County Government Structure in Wisconsin (continued) ∗ Almost all counties have moved from the board chair serving as administrative coordinator, to having a full- time coordinator, or some other county official designated as the administrative coordinator ∗ Currently, 14 county clerks serve as the administrative coordinator County Government Structure in Wisconsin (continued) ∗ County Executive is the chief executive officer ∗ “Coordinates and directs all administrative and management functions” ∗ Wis. Stat. §59.17 County Executive Wis. Stat. §59.17(1)(a) : ∗ Population of 500,000 or more, a county executive shall be elected for a 4-year term Wis. Stat. §59.17(1)(b): ∗ “Counties with a population of less than 500,000 may by resolution of the board or by petition and referendum create the office of county executive or abolish it by petition and referendum.” County Executive ∗ Appoints and supervises department heads subject to county board confirmation ∗ unless confirmation waived or civil service ∗ Appoints members to boards and commissions, where statutes give this authority to county board or its chairperson ∗ subject to board confirmation ∗ Submits the annual budget ∗ Wis. Stat. §59.17(2) County Executive Appointments and Budget ∗ Veto authority ∗ Ordinances and resolutions ∗ Appropriation in whole or part ∗ County board can override with 2/3 vote ∗ Wis. Stat. §59.17(6) County Executive Veto ∗ Counties having a population of less than 500,000 may create the office of county administrator ∗ By resolution of the board, or ∗ by petition and referendum and ∗ Appointed by majority vote of the board. ∗ Wis. Stat. §59.18.(1) County Administrator ∗ Chief administrative officer of the county ∗ Coordinate and direct all administrative and management functions of the county government ∗ Appoints and supervises department heads ∗ subject to county board confirmation, unless confirmation waived or civil service ∗ Appoints members to boards and commissions, where statutes give this authority to county board or its chairperson ∗ subject to board confirmation ∗ Answers to the county board of supervisors ∗ Submits annual budget County Administrator ∗ The county administrator shall be appointed solely on merit . In appointing the county administrator, the board shall give due regard to training, experience, administrative ability and general qualifications and fitness for performing the duties of the office, and no person shall be eligible to the office of county administrator, who is not by training, experience, ability and efficiency qualified and generally fit to perform the duties of such office. No weight or consideration shall be given by the board to residence, to nationality, or to political or religious affiliations. ∗ Wis. Stat. §59.18(6) County Administrator ∗ The board may remove the county administrator at any time that the county administrator's conduct of the county administration becomes unsatisfactory, and engage a successor. The action of the board in removing the county administrator shall be final. ∗ Wis. Stat. §59.18(7) To Whom Is The County Administrator Accountable? ∗ Similar to county administrator but does not have appointment authority and “responsible for coordinating” rather than “coordinates and directs.” ∗ Duties are close to those of a city or village administrator who works under a mayor or village president. ∗ Wis. Stat. §59.19 Administrative Coordinator ∗ County must designate an Administrative Coordinator if it has neither an executive or administrator ∗ “The administrative coordinator shall be responsible for coordinating all administrative and management functions of the county government not otherwise vested by law in boards or commissions, or in other elected officers.” ∗ Wis. Stat. §59.19 Administrative Coordinator ∗ An elected or appointed official shall be designated Administrative Coordinator ∗ Wis. Stat. §59.19 ∗ The positions of County Supervisor and Administrative Coordinator are legally incompatible ∗ Attorney General Opinion, October 27, 2011 Administrative Coordinator Executi ve Administra tor Admin. Coord inator (Se c. 59.17, Wis . St ats.) (Se c. 59.18, Wis . St ats.) (Se c. 59.19, Wis . St ats.) HOW CREATED Board resolutio n, petition, and/or referendum Board resolutio n, petition and/or referendum Board resolutio n or ordinance HOW CHOSEN Sp rin g electio n every four years (non- partisan) Appoin ted by majo rit y vote of County Board Appoin ted by majo rit y vote of County Board QU ALIF IC ATION S U.S. Cit iz en, 18 years of age, county resident Train in g, experie nce, education (no consideration for residence, nationality or political affiliation) Elected or appoin ted County Official Other qualifications set by County Board Note: The Attorney General’s Opinion of Incompatibility issued in October 2011 SOU RCE OF POWERS St ate statutes St ate statutes Lim it ed St ate statutes and board resolution/ordinance REMO VAL By Gove rnor for cause By County Board (majority) By County Board (majority) BUDG ET AUTHORITY Pre pare s & pre se nts to board Pre pare s & pre se nts to board Only as autho riz ed by board VETO BOARD ACTIONS Yes No No DE PT. HEADS Appoin ts (Su bje ct to board confirmation) Removes at pleasure Appoin ts (Su bje ct to board confirmation) Removes at pleasure No autho rit y unless granted by County Board ADV ISORY COMMITTEES ADMINISTRATIVE BOARDS Appoin ts & removes (Subject to Board confirmation unless waived or made under civil service) Appoin ts & re move s (Subject to Board confirmation unless waived or made under civil service) No autho rit y unless granted by County Board COORDI NATE DEPARTMENTS Yes Yes Only management functions not assigned depts. by ordinance or law County Board ∗ Counties do not have constitutional “Home Rule” Authority ∗ Only those powers granted by statute ∗ For example, Public Protection and Safety under Wis. Stat. §59.54 ∗ Levy taxes ∗ Administrative and management authority only to extent not otherwise provided to others by statute ∗ Wis. Stat. §59.51 ∗ Presides over meetings of the county board of supervisors ∗ Administers oaths ∗ Countersigns all ordinances ∗ Commonly acts as spokesperson for the county board ∗ Provides guidance and direction on moving issues through the board ∗ Typically appoints committee members subject to board confirmation ∗ Wis. Stat. §59.12 County Board Chair ∗ Supervisors' authority is collective versus individual ∗ “Supervisor” is a historical, not a descriptive term County Board Supervisors ∗ Supervisors serve primarily a legislative function ∗ (in contrast to the commission form of county government in some states) ∗ The legislative function is largely limited to policy making through law making, budgetary approval, and cooperative decision-making County Board Supervisors Basic County Board Functions ∗ 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 Administration ∗ Regulate within statutory authority ∗ Cooperate with other levels of government ∗ Focus on long-term rather than past or short-term ∗ Conduct strategic planning addressing key issues and opportunities ∗ Determine overall mission and purpose ∗ Establish county’s vision ∗ Establish long-term desired results Basic County Board Functions ∗ In other words, ENACT POLICY County Board Sets Policy Plans Comprehensive, strategic, capital improvement, parks, farmland preservation, transportation etc. Budgets Most important document – determines what services are provided, how funded and the level of funding County Board Sets Policy Ordinances ∗ An ordinance is a local law prescribing rules of conduct ∗ Enforced by officials of the governmental body ∗ Permanent part of governmental code ∗ Ordinances can also be regulatory ∗ Licensing ∗ Zoning ∗ Peace and Order County Board Sets Policy Resolutions ∗ Are usually less permanent and deal with matters that are temporary in character ∗ Often used to grant special privileges, state policy, express opinions or communicate with other governmental bodies ∗ Resolution may be used to adopt a budget Board Roles and Responsibilities Governance ∗ Effective board operations are based on mutual understanding and respect for each other’s position and viewpoint ∗ Effective board members support the majority’s decision once a final decision has been made ∗ Effective board operations promote the public’s best interests and its confidence in the decision- making process ∗ Effective governance will include long term strategic planning and a shared vision of what the county looks like, and how it functions in the future Leadership ∗ Leadership responsibility can easily become confused and controversial ∗ Leaders should: ∗ Model the way – set an example for others ∗ Inspire a shared vision ∗ Challenge the process for positive outcomes ∗ Enable others to act ∗ Encourage the heart ∗ Maintain morale and a positive work environment for county staff ∗ Hold others accountable to promote the best interests of the county over personal goals or ambitions Board Roles and Responsibilities Board Roles and Responsibilities County Board ∗ Has overall budget authority, however its relationship to county offices and departments must be consistent with the statutes and constitution ∗ Role is that of “visionary” Board Roles and Responsibilities ∗ County board supervisors and department head/staff have vastly different responsibilities ∗ Board supervisors serve primarily in a legislative role ∗ Department heads and staff serve in an operational and advisory role ∗ Wis. Stat. § 59.13 ∗ The board may, by resolution designating the purposes and prescribing the duties thereof and manner of reporting, authorize their chairperson to appoint before June 1 in any year committees from the members of the board, and the committees so appointed shall perform the duties and report as prescribed in the resolution. County Board Committees ∗ A county board may establish as many standing and advisory committees as it deems necessary to conduct its business. These usually are created by ordinance or resolution. ∗ The authority to appoint members to standing committees, boards and commissions varies depending on which one of the three forms of county government is in place Committee Creation ∗ Wis. Stat. § 83.015 – county highway committee ∗ Wis. Stat. § 166.03 – emergency management ∗ Wis. Stat. § 59.56(3) – extension committee ∗ Wis. Stat. § 46.82 – commission on aging ∗ Wis. Stat. § 251.04 – local board of health ∗ Wis. Stat. § 92.06 – land conservation committee ∗ Community programs (Wis. Stat. § 51.42) /social services (Wis. Stat. § 46.22) /human services (Wis. Stat.§ 46.23) ∗ Wis. Stat. § 59.54 – local emergency planning committee ∗ Wis. Stat. §45.81 – veterans service commission Required Committees ∗ Counties are structured so that the committees do much of the preliminary work, and then make recommendations to the full board ∗ Committees have the knowledge, expertise and a better perspective of what is needed, what is achievable, how much it would cost (or save) to implement the new strategies and goals ∗ Committees know who in the community their departments and programs serve What is the Committee Involvement? ∗ Committees have access to the appropriate staff to assist them with their planning needs ∗ Committees know who the stakeholders are for their assigned committees and departments ∗ Utilizing the committee structure allows for a process where everyone on the county board has an active role in planning the county’s future What is the Committee Involvement? ∗ Much preliminary business and public hearings on legislation are conducted by committees, which then make recommendations or referrals to the full board for final action. ∗ Monitor performance ∗ Review and make budget recommendations ∗ Draft ordinances and resolutions ∗ Consider strategic planning efforts ∗ In other words, assist in POLICY DEVELOPMENT Standing Committee Functions ∗ When appointed to a committee chair position, a supervisor takes the leadership role in matters under the committee’s jurisdiction ∗ Committee leadership includes setting the tone, agenda, goals, making reports and recommendations on the committee’s behalf, and presiding at the meetings Committee Chair Role and Responsibility ∗ Policy (Board) = “What” and “Why” ∗ Administrative/Operations (Staff) = “Where,” “When” and “How” Policy vs. Administration Policy ∗ “What” – Will the county establish a hiking trail system? ∗ “Why” – Will the system benefit the county? Administration/Operations (staff) ∗ “How” – Who will build and maintain the system? ∗ “When” – What is the timeframe for implementation? ∗ “Where” - Where will the system need to be maintained? Policy vs. Administration Example ∗ Implementation of policies and strategies ∗ Focus is more narrow and shorter term ∗ Day to day operations ∗ Related to smaller functions ∗ Addresses department or individual issues ∗ Requires attention to detail ∗ Requires specialized training Administration Court cites to Attorney General Opinion and dictionary
The county boards function is primarily policy making and legislative, while the county executive functions as an administrator and manager. See, e.g., 80 Op. Atty Gen. 49 (1991).
Policy has been defined as “a high-level overall plan embracing the general goals and acceptable procedures esp. of a governmental body.” Webster's New Collegiate Dictionary 890 (1977). Schuette v. Van De Hey , 205 Wis.2d 475 (Ct. App. 1996). How Our Courts View the Distinction Between Policy and Administration Court sites to leading treatise
“Legislative power, as distinguished from executive power, is the authority to make laws, but not to enforce them, or appoint the agents charged with the duty of such enforcement.” See 2A MCQUILLIN, MUNICIPAL CORPORATIONS § 10.06 at 311 (3d ed. 1996).
“The crucial test for determining what is legislative and what is administrative has been said to be whether the ordinance is one making a new law, or one executing a law already in existence.” Id. Schuette v. Van De Hey , 205 Wis.2d 475 (Ct. App. 1996). How Our Courts View the Distinction Between Policy and Administration ∗ Time spent on the trivial ∗ Reading reams of documents ∗ Long-running meetings that accomplish little ∗ Committees that are window dressing for what staff want to do ∗ Meddling in administration ∗ Staff in control of board agendas ∗ Reactivity vs. proactivity ∗ Executive/Administrative Committee serving as the de facto Board ∗ Confusion about what is going on ∗ Rubber stamping or meddling ∗ No incisive way to evaluate the Executive/Administrator/Administrative Coordinator What Happens Without Distinction Between Policy and Administration? ∗ Who are the shareholders in county government? ∗ Taxpayers ∗ Employees ∗ State of Wisconsin ∗ Who is the Board of Directors in county government? ∗ County Board ∗ Who is the CEO in county government? ∗ County Executive, Administrator, or Administrative Coordinator ∗ Where do Department Heads fall in the organizational chart? What can be learned from the private sector? Wisconsin County Organizational Chart (for counties without Exec) County Board Administrator or Administrative Coordinator Dept. Head Dept. Head Dept. Head Dept. Head County Staff Committee Committee Where do constitutional officers fall on the chart?? Clerk of Courts Register of Deeds Treasurer Clerk Sheriff Constitutional Officers ∗ Article VI, s. 4 and Article VII, s. 12 of the Wisconsin Constitution provides for the election and appointment of county officers. ∗ Constitutional Officers ∗ Coroner ∗ Register of Deeds ∗ District Attorney ∗ Sheriff ∗ Clerk of Court ∗ County Clerk ∗ Surveyor ∗ Treasurer Authority of the County Clerk ∗ Constitutional: ∗ Elected along with president for four (4) years pursuant to Art. VI s. 4 of the Wisconsin Constitution. ∗ The Constitution is silent on any duties, powers or obligations of the county clerk. Authority of the County Clerk ∗ Statutory Powers ∗ Set forth in Wis. Stat. s. 59.23 ∗ Authority to: ∗ Appoint one or more deputies to aid in the performance of duties; ∗ Appoint assistants as authorized by the Board; ∗ Keep and record minutes of County Board meetings and document Board resolutions and decisions including vote of each supervisor; ∗ Sign all orders of payment issued by the Board; ∗ Maintain records, receipts and reports of payments made; ∗ Make certified copies of records upon request; and ∗ Duties related to the assessment and collection of taxes and preparation and distribution of ballots in general, judicial and special elections. Authority of the Treasurer ∗ Constitutional: ∗ Elected along with president for four (4) years pursuant to Art. VI s. 4 of the Wisconsin Constitution. ∗ The Constitution is silent on any duties, powers or obligations of the treasurer. Authority of the Treasurer ∗ Statutory Powers ∗ Set forth in Wis. Stat. s. 59.25 ∗ Authority to: ∗ Appoint one deputy who may only be removed for just cause; ∗ Receive all monies belonging to the county from all sources; ∗ Pay out all monies belonging to the county on the order of the Board; ∗ Keep an account of all receipts and expenditures; ∗ By March 15 of every year, furnish the Department of Revenue a complete tax roll settlement sheet; ∗ Furnish all fees to the appropriate state and municipal agencies; and ∗ Exercise any investment authority delegated by the Board. Authority of the Clerk of Courts ∗ Constitutional ∗ Article VII, s. 12 ∗ Circuit Court clerk elected with the governor every 4 years ∗ Removal only as provided by law ∗ Vacancies filled by the judge of the circuit court until position filled by election ∗ Supreme Court shall appoint its own clerk ∗ The Constitution is silent on any duties, powers or obligations of the clerk of court. Authority of the Clerk of Courts ∗ Statutory Powers ∗ Set forth in Wis. Stat. s. 59.40 ∗ Appointment Authority: ∗ In a county with fewer than 500,000, the Clerk of Courts shall appoint one or more deputies. ∗ Deputies are revocable at the pleasure of the Clerk of Courts. Authority of the Clerk of Courts ∗ Other Statutory Authority: ∗ Keep court records in every action and proceeding and judgment and lien dockets; ∗ Collect prescribed fees and invest any funds paid to the office; ∗ Upon authorization from the Board, may contract with a debt collector to collect unpaid fines and forfeitures. ∗ Accept credit or debit cards as payment of fees and may establish payment plans for the collection of fees based on the person’s ability to pay. Authority of the Register of Deeds ∗ Constitutional ∗ Elected along with president for four (4) years pursuant to Art. VI s. 4 of the Wisconsin Constitution. ∗ Vacancies filled by appointment. ∗ The Constitution is silent on any duties, powers or obligations of the register of deeds. Authority of the Register of Deeds ∗ Statutory powers set forth in Wis. Stat. s. 59.43 ∗ Authority to: ∗ Appoint one or more deputies to hold the office at the Register’s pleasure; ∗ Record deeds, mortgages and other instruments related to land; ∗ Index all marriages, deaths and births; ∗ Index all organizational documents of corporations, fraternal societies, associations or other entities; ∗ File financing statements and other documents related to security interests; ∗ Receive fees for filing and copying of recorded documents; ∗ By Board resolution, convert recorded documents to electronic format; Authority of the Register of Deeds ∗ Maintain an index searchable by grantee or grantor name, document number or tract of land parcel. ∗ Ensure that documents indexed contain: ∗ Consecutive number of the instrument; ∗ Time and date of instrument’s acceptance ∗ Name of the Grantor; ∗ Name of the Grantee. ∗ Land description; ∗ Name of the instrument; ∗ To whom the instrument was delivered; ∗ Amount of fee received. Authority of the Register of Deeds ∗ Board may authorize the Register to destroy obsolete documents pertaining to chattels antedating by 6 years and other documents formerly required to be filed such as documents pertaining to town mutual insurance companies or stock corporations; ∗ Board may by ordinance require that the Register keep a tract index of records searchable by: ∗ Quarter- sections of land which refer to the public land survey system or recorded private claim; ∗ Certified survey map and lot or outlot number; ∗ Name and lot, block outlot or unit within a plat, according to the land description. Authority of the Sheriff ∗ Constitutional ∗ Elected along with governor for four (4) years pursuant to Art. VI s. 4 of the Wisconsin Constitution. ∗ Cannot hold any other partisan office. Wis. Const. Art. VI, s. 4. ∗ If position is vacant, it is filled by appointment by the governor and serves until a successor is elected. Wis. Const. Art. VI, s. 4. ∗ The Constitution is silent on any duties, powers or obligations of the sheriff. Authority of the Sheriff ∗ Statutory Powers ∗ Set forth in Wis. Stat. s. 59.26 ∗ Appointment authority ∗ In counties less than 500,000, the sheriff must appoint an undersheriff under the civil service system in counties where sheriffs are under that system; ∗ Appoint deputy sheriffs for cities, villages and assembly districts; ∗ In counties with a population of 500,000 or less, sheriff can fix the number of deputies not less than required and set their salaries. Appointment in these counties is based on the civil service exam; ∗ If additional deputies are appointed to provide law enforcement services to a city or village, the sheriff must attempt to appoint deputies from the ranks of police officers whose positions were abolished. Authority of the Sheriff ∗ General Statutory Authority ∗ Set forth in Wis. Stat. s. 59.27 ∗ Authority to: ∗ Take charge and custody of the jail maintained by the county and all persons in the jail; ∗ Maintain an exact register of all prisoners including name, address, length of commitment and cause for commitment; ∗ Serve and execute all processes, writs, precepts and orders and serve or execute any summons, order or judgment; ∗ Enforce all city or village ordinances, under which the sheriff provides law enforcement services under contract; ∗ Keep and preserve the peace in their respective counties; ∗ Transport legally arrested persons throughout any county in the ordinary route of travel from the place of arrest to the place where the person is to be conveyed; ∗ Collect fees prescribed by statute and remit them to treasurer. Authority of the District Attorney ∗ Constitutional ∗ Elected along with president for four (4) years pursuant to Art. VI s. 4 of the Wisconsin Constitution. ∗ Vacancies are filled by appointment. ∗ The Constitution is silent on any duties, powers or obligations of the district attorney. Authority of the District Attorney ∗ Statutory powers ∗ Set forth in Wis. Stat. s. 978.05 ∗ Authority to: ∗ Hire and supervise staff, including assistant district attorneys, to appear and assist in the investigation of matters being prosecuted by the District Attorney; ∗ Prosecute all criminal actions before any court in his or her prosecutorial unit; ∗ Prosecute all actions for forfeiture, traffic violations and county ordinance violations; Authority of the District Attorney ∗ Authority to (cont.): ∗ Have joint responsibility to the government accountability board to prosecute all matters involving violations of election, ethics and lobbying laws. ∗ Investigate welfare fraud in cooperation with the Department of Workforce Development and Department of Health and Family Services; ∗ Attend grand jury for examination of witnesses or to give advise is legal matters; issue subpoenas and other processes. ∗ Handle criminal appeals at the direction of the attorney general. Duties of County Officers ∗ Since the constitution is almost totally silent on the duties, powers or obligations of these offices, how do we determine whether, when, and how County officers can be limited in the exercise of their duties? ∗ Look to statutory duties and the protection given to them by our courts. ∗ Look to historical constitutional duties as defined by our courts. The Constitutional Officer “Dual Persona” County Board Administrator Dept. Head Dept. Head Dept. Head Dept. Head County Staff Committee Committee Constitutional Officers Staff Board Education Elected by people Experience Local connection Background checked Bonded Professionally current Professional associations County Staff Compared to County Board Supervisors ∗ Individual county board supervisors have no management or leadership role outside of committees and commissions; their authority is collective as a member of the board ∗ (Non-elected) department heads have the leadership role in their departments within the guidelines of the policies and procedures set by the board of supervisors and clarified through directives from the executive or administrator Leadership Roles ∗ Staff (non-elected department heads and other key staff) have an obligation to carry out their duties in a manner consistent with the policy direction of the board. ∗ Staff makes recommendations and give professional advice. They generally do NOT make policy other than internal department policies as authorized. Staff Roles and Responsibilities ∗ Answer questions and present reports during meetings to enable elected officials to make informed decisions ∗ Offer alternatives and recommendations as needed Staff Roles and Responsibilities ∗ Employees spend time focusing on pleasing the micromanager vs. doing their jobs ∗ Employees suffer a loss of morale because skills that took years to build are being wasted ∗ A “futility” mentality sets in – “why am I even here if I cannot be trusted to do the simplest of tasks?” How Does Micromanaging Hurt The County? Between County Board members and the Administrative Team Know your job and try not to interfere with that of the administration. Devote the time needed to do a good job. Read the background materials the administration prepares. Admit what you do not know. Do not jump to conclusions; instead, hear and weigh all the facts. Working Together As A Goal Between Board members and the Administrative Team(continued) Keep your mind open to change. Understand that the administrator is practicing a career - a highly complex one for which he or she has prepared with formal training and, in most cases, years of progressive experience. Do not become a complaint department. Communicate with the staff through the administration as much as possible. Working Together As A Goal Between County Board members and the Administrative Team(continued) Do not make promises outside board meetings, not only for legal reasons, but also out of respect for the ethics of the situation and regard for the other board members, the administration and employees. Listen to what your constitutional officers and employees have to offer and let them know you are listening. Working Together As A Goal Between County Board members and the Administrative Team(continued) If someone complains to you about a member of the administration, listen but do not automatically agree. Being supportive of the administration shows that you have confidence in yourself and in the county management team . If the complaint is serious, ask the person to put it in writing and ask the board as a whole to analyze it in light of the appropriate committee structure. Working Together As A Goal Between County Board members and the Administrative Team (continued) If you have to criticize any county employee, do so constructively. Criticize the work rather than the individual. Do not surprise the administration at a board meeting with resolutions, problems and issues without their prior knowledge. If you "spring" something at a meeting, the administration probably will not have the necessary data at hand to allow full and complete discussion of the issue. Incomplete data and discussion lead to unwise decisions. Working Together As A Goal ∗ When issues are raised before County Board members, they should be referred to the appropriate source for handling. ∗ County Board members should avoid engaging in individual initiatives to investigate or address issues unless authorized to do so by committees or the county board. ∗ Following an appropriate chain of command will ensure that issues are addressed in an open and deliberate manner that is fair to all involved. Chain of Command ∗ Counties are a creature of the State. Counties can only do what the Statutes and Constitution allow ∗ County Boards are to serve as a legislative body which sets policy, approves annual budgets and makes cooperative decisions. ∗ County Boards work most effectively when utilizing a strong committee system. ∗ County committees do much of the preliminary work prior to making recommendations to the full board. They monitor performance, review and develop budget recommendations, and draft ordinances and resolutions. Key Points To Remember ∗ Individual county supervisors have no management or leadership role outside of county committees or commissions. ∗ County administration and department heads are to implement the policies and procedures of the Board. ∗ Micromanaging stifles productivity of county operations. ∗ The board & administrative team working cohesively & cooperatively provides the best chance of success in meeting the needs of county residents Key Points To Remember Resources ∗ The UW-Extension Local Government Center ∗ 608-262-9961 ∗ von Briesen & Roper, S.C. ∗ 414-287-1570 ∗ Wisconsin Counties Association ∗ 866-404-2700 Questions? Comments? Jon Hochkammer, Outreach Manager Wisconsin Counties Association (866)404-2700 hochkammer@wicounties.org