County Board of Supervisors Organizational Meeting — Agenda Packet

Board of Supervisors Agenda April 21, 2026 10:00 AM Room 1400 - County Board Room Government Center - 1101 Carmichael Road, Hudson, Wisconsin 8:30 a.m. - New Supervisor Orientation 9:45 a.m. - County Board Group Photo 10:00 a.m. - Call to Order Pledge Allegiance to the Flag Roll Call Swearing in Ceremony - Presiding Judge Needham Welcome by County Administrator and Introduction of Supervisors Business 1. Election of County Board Chairperson 2. Election of County Board Vice Chair 3. Confirmation of County Administrator Appointments to the Health and Human Services Board Presentations 1. WCA Video - What are Counties? 2. Roles and Responsibilities of County Board Supervisors - Corporation Counsel Amos 3. State of the County Report - County Administrator Witt 4. Robert's Rules of Order and County Board Rules - Corporation Counsel Amos 5. Standing Committee Assignment Process - Corporation Counsel Amos 6. Department Head Introductions by Standing Committee a. Administration Committee b. Public Protection and Judiciary Committee c. Community Development Committee d. Health and Human Services Board e. Transportation Committee Page 1 of 171 7. Open Meeting Law - Corporation Counsel Amos 8. Public Records and Best Practices - Assistant Corporation Counsel Patel Future Meeting Dates Request for Future Agenda Items Announcements Adjournment Reasonable efforts will be made to provide special accommodations for access to public meetings. To request a special accommodation, please contact the County Clerk’s Office at (715) 386-4600 at least two business days prior to the time of the meeting. For more information on St. Croix County's public meetings visit: sccwi.gov/meetings Page 2 of 171 Confirmation of County Administrator Appointments to the Health and Human Services Board Cover Memo To: Board of Supervisors From: Ken Witt, County Administrator Date: April 21, 2026 Agenda Item: Confirmation of County Administrator Appointments to the Health and Human Services Board Background Information: Continuing Supervisors: Cathy Leaf (2027), Wayne Roen (2027) New Appointments • Greg Tellijohn new term from 2026-2029 • Mike Barcalow new term from 2026-2029 • Denise Shirley-Carter for remainder of term 2026-2028 • Danielle McIntosh for remainder of term 2026-2028 Citizen Re-appointment Julie Smith 2026-2029 Page 3 of 171 WCA Video - What are Counties? Cover Memo To: Board of Supervisors From: Ken Witt, County Administrator Date: April 21, 2026 Agenda Item: WCA Video - What are Counties? Background Information: Video by Wisconsin Counties Association - What are Counties? "What are Wisconsin Counties?" Page 4 of 171 County Government Authority and the Roles and Responsibilities of County Board Supervisors Heather Amos – Corporation Counsel April 21, 2026 Page 5 of 171 County Government Authority • Pursuant to Wis. Stat. § 59.01, • Each county is a body corporate; • Authorized to sue and be sued; • Authorized to acquire and hold, lease, rent, or sell real and personal estate for public uses and purposes • Includes lands acquired by tax deed • Includes leases or contracts with the state for conservation purposes; and • May perform “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.” Page 6 of 171 Counties Under the Wisconsin Constitution 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 from time to time prescribe.” Article VI, Section 4 identifies county officers, as well as the 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. Page 7 of 171 County Administrative Home Rule Statute • Administrative Home Rule. See Wis. Stat. § 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: A county with a County Administrator cannot place appointment authority with the county board. See Attorney General Opinion from January 28, 2010. Page 8 of 171 Self-Organized Counties Self organization provides more flexibility to counties on the manner in which the board of supervisors may operate, such as: • Compensation of supervisors; • Filling county supervisor vacancies; and • Adopting rules governing the supervisors. Self organization is accomplished by adopting an ordinance. St. Croix County became a self-organized county in April 2004 by enacting Chapter 6 of the St. Croix County Code of Ordinances. Page 9 of 171 Organizational Meeting Pursuant to Wis. Stat. §59.11(1)(c), • Required by statute to meet on the third Tuesday of April; • May adjourn to different date if absolutely necessary; and • Purpose is to organize and transact business. Page 10 of 171 Annual Meeting Pursuant to Wis. Stat. §59.11(1)(a) and (b), the Annual Meeting is: • 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. Most important task is to adopt the budget. • 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. Page 11 of 171 Forms of Governance 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. Page 12 of 171 The Executive Branch in County Government In Wisconsin, three forms of the executive branch in county government exist: County Executive (12 counties) County Administrator (35 counties) County Administrative Coordinator (25 counties) Page 13 of 171 County Executive • The County Executive is the chief executive officer. • “Coordinates and directs all administrative and management functions.” Wis. Stat. § 59.17 • Wis. Stat. § 59.17(1)(a): Population of 750,000 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 750,000 may by resolution of the board or by petition and referendum create the office of county executive or abolish it by petition and referendum.” Page 14 of 171 County Executive Appointments and Budget • Appoints and supervises department heads subject to county board confirmation unless confirmation waived or civil service position. • 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. • Also has veto authority over 1) ordinances and resolutions; 2) appropriation in whole or part. County Board can override with 2/3 vote. See Wis. Stat. § 59.17(6). Page 15 of 171 County Administrator • Counties having a population of less than 750,000 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. • See Wis. Stat. § 59.18(1) Page 16 of 171 County Administrator (cont’d) • Chief administrative officer of the county; • Coordinates and directs 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; and • Submits annual budget. Page 17 of 171 County Administrator (cont’d) • 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. See Wis. Stat. § 59.18(6). Page 18 of 171 To Whom is the County Administrator Accountable? See Wis. Stat. § 59.18(7). The county 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 county board in removing the county administrator shall be final. Page 19 of 171 Administrative Coordinator • Similar to county administrator but does not have appointment authority and is “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. • 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.” See Wis. Stat. § 59.19. Page 20 of 171 Administrative Coordinator (cont’d) An elected or appointed official shall be designated Administrative Coordinator. See Wis. Stat. § 59.19 The positions of County Supervisor and Administrative Coordinator are legally incompatible. See Attorney General Opinion, October 27, 2011. Page 21 of 171 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. • See Wis. Stat. § 59.51 Page 22 of 171 County Board Chair • 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; and • Typically appoints committee members subject to board confirmation. • See Wis. Stat. § 59.12 Page 23 of 171 County Board Supervisors • Supervisors' authority is collective versus individual. • “Supervisor” is a historical, not a descriptive term. • 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. Page 24 of 171 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 Page 25 of 171 In other words, the County Board’s role is to ENACT POLICY . Page 26 of 171 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. Page 27 of 171 Ordinances Ordinances: • An ordinance is a local law prescribing rules of conduct; • Enforced by officials of the governmental body; • Permanent part of the governmental code; and • Ordinances can also be regulatory, such as: • Licensing • Zoning • Peace and Order Page 28 of 171 Resolutions 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; and • Resolution is used to adopt a budget. Page 29 of 171 Board Roles and Responsibilities Governance: • Effective board operations promote the public’s best interests and its confidence in the decision-making process. • 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 governance will include long-term strategic planning and a shared vision of what the county looks like, and how it functions in the future. Page 30 of 171 Board Roles and Responsibilities (cont’d) Leadership: • Leadership responsibility can easily become confused and controversial • Leaders should: • Model the way, such as setting an example for others • Inspire a shared vision • Challenge the process for positive outcomes • Enable others to act • 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 Page 31 of 171 Board Rules and Responsibilities (cont’d) Ethics: • County Officials should: • Promote decisions which only benefit the public interest • Properly administer the affairs of the county • Actively promote public confidence in county government • Support the majority’s decision once a final decision has been made • Maintain a positive image to pass constant public scrutiny • Avoid any conflict or potential conflict of interest • Maintain a respectful attitude toward employees, other public officials, colleagues, and associates • Faithfully comply with all laws and regulations applicable, and impartially apply them to everyone Page 32 of 171 Board Rules and Responsibilities (cont’d) 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.” Page 33 of 171 Board Rules and Responsibilities (cont’d) • 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. Page 34 of 171 County Board Committees 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. • In St. Croix County, the Rules of the Board of Supervisors sets forth the roles and responsibilities of the Standing Committees, which was adopted by resolution and is modified from time to time by the County Board. Page 35 of 171 Committee Creation • 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. Page 36 of 171 What is Committee Involvement? • 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. Page 37 of 171 What is the Committee Involvement? (cont’d) • 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. Page 38 of 171 Standing Committee Functions • Much of the 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. Page 39 of 171 Committee Chair Role and Responsibility • 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. Page 40 of 171 Policy Responsibility in Contrast to Administration Responsibility Policy (Board) = “What” and “Why” Administrative/Operations (Staff) = “Where,” “When” and “How” Page 41 of 171 Policy vs. Administration Example Policy (County Board) • “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? Page 42 of 171 Administration Responsibility • 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 Page 43 of 171 How the Courts View the Distinction Between Policy and Administration Court cites to Attorney General Opinion and dictionary: • The county board’s 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). Page 44 of 171 How the Courts View the Distinction between Policy and Administration (cont’d) Court cites 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). Page 45 of 171 What Happens When There is not a 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 • No decisive way to evaluate the Administrator Page 46 of 171 What can be learned from the private sector? • 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? Page 47 of 171 Wisconsin County Organizational Chart (for counties without an Executive) Page 48 of 171 Where do Constitutional Officers Fall on the Chart? • 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 Page 49 of 171 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. Page 50 of 171 Authority of the County Clerk Statutory Powers – Set forth in Wis. Stat. § 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. Page 51 of 171 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. Page 52 of 171 Authority of the Treasurer Statutory Powers – Set forth in Wis. Stat. § 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. Page 53 of 171 Authority of the Clerk of Courts Constitutional: • Powers pursuant to Article VII, s. 12 of the Wisconsin Constitution. • Clerk of Courts 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. Page 54 of 171 Authority of the Clerk of Courts Statutory Powers – Set forth in Wis. Stat. § 59.40 Appointment Authority: • In a county with fewer than 500,000 in population, the Clerk of Courts shall appoint one or more deputies. • Deputies are revocable at the pleasure of the Clerk of Courts. Page 55 of 171 Authority of the Clerk of Courts Other Statutory Authority: • Keep court records in every action, 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; and • 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. Page 56 of 171 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. Page 57 of 171 Authority of the Register of Deeds Statutory powers – Set forth in Wis. Stat. § 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; • Convert recorded documents to electronic format; Page 58 of 171 Authority of the Register of Deeds (cont’d) • 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; and • Amount of fee received. Page 59 of 171 Authority of the Register of Deeds (cont’d) • County 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; and • Name and lot, block outlot or unit within a plat, according to the land description. Page 60 of 171 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. Page 61 of 171 Authority of the Sheriff Statutory Powers – Set forth in Wis. Stat. § 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; and • 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. Page 62 of 171 Authority of the Sheriff General Statutory Authority – Set forth in Wis. Stat. § 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; and • Collect fees prescribed by statute and remit them to treasurer. Page 63 of 171 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. Page 64 of 171 Authority of the District Attorney Statutory powers – Set forth in Wis. Stat. § 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; Page 65 of 171 Authority of the District Attorney (cont’d) 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 Services; • Attend grand jury for examination of witnesses or to give advise is legal matters; • Issue subpoenas and other processes; and • Handle criminal appeals at the direction of the attorney general. Page 66 of 171 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. Page 67 of 171 County Staff Compared to County Board Supervisors Staff • Education • Experience • Background checked • Bonded • Professionally current • Professional associations Board • Elected by people • Local connection Page 68 of 171 Leadership Roles • 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. Page 69 of 171 Staff Roles and Responsibilities • 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. • Answer questions and present reports during meetings to enable elected officials to make informed decisions. • Offer alternatives and recommendations as needed. Page 70 of 171 How Does Micromanaging Hurt the County? • 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?” Page 71 of 171 Working Together as a Goal • Between County Board Supervisors 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. Page 72 of 171 Working Together as a Goal (cont’d) • Keep your mind open to change. • Understand that the Administrator is practicing a career – a highly complex one – for which he 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. Page 73 of 171 Working Together as a Goal (cont’d) • 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. • 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. Page 74 of 171 Working Together as a Goal (cont’d) • If you must 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. (Also, could be issues with Open Meetings Law). Page 75 of 171 Chain of Command • When issues are raised before County Board members, they should be referred to the appropriate source for handling (i.e. provide the information to the County Administrator). • 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. Page 76 of 171 Key Points to Remember • Counties are a creature of the State. Counties can only do what the Wisconsin Statutes, Wisconsin Administrative Code, 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 review and recommend approval of ordinances and resolutions and review and develop budget recommendations. Page 77 of 171 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 county board and administrative team working cohesively and cooperatively provides the best chance of success in meeting the needs of county residents Page 78 of 171 Q&A Page 79 of 171 State of the County Presentation Ken Witt, County Administrator – April 21, 2026 Page 80 of 171 Presentation Outline • Who is St. Croix County • What is the St. Croix County way • What have we done • What do we need to do Page 81 of 171 Population Growth St. Croix County Population 100,028 0 20,000 40,000 60,000 80,000 100,000 120,000 1970 1975 1980 1985 1990 1995 2000 2005 2010 2015 2020 2025 Population Page 82 of 171 Wisconsin Department of Administration – Population Projections Page 83 of 171 Forward Analytics Population/Labor Force Growth Trends Page 84 of 171 Values Per Municipality Type Equalized Value Distribution City 31% Village 14% Town 55% City Village Town Population Distribution City 33% Village 19% Town 48% City Village Town Page 85 of 171 Vision and Mission Statement Our Vision To be the County that delivers service with compassion and respect for people and the environment. Our Mission We will strengthen our social and economic future by providing health, safety, and well-being for all. Page 86 of 171 Budget Process & Schedule April Committee of the Whole reviews budget priorities with Department Heads May Capital Project requests to Finance Director, CIP Team starts review. County Board adopts budget priorities. June CIP Team recommends capital projects to County Administrator, reviews CIP at Standing Committees. July Departments start working on operating budget request. Committee of the Whole on CIP . August County Administrator, Finance Director, Department Heads meet to review operating budget requests. September Standing Committees review of operating budget requests. October Committee of the Whole review of the County Administrator recommended budget. November Public Hearing on budget and approval of tax levy. Page 87 of 171 Authorized FTEs Authorized FTE's 560 5%, 590 2%, 603 1%, 612 3%, 631 0%, 630 1%, 638 0%, 639 3%, 658 1%, 665 1%, 671 500 520 540 560 580 600 620 640 660 680 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Page 88 of 171 Financial Condition – Equalized Value Equalized Value Trend - 2,000,000,000 4,000,000,000 6,000,000,000 8,000,000,000 10,000,000,000 12,000,000,000 14,000,000,000 16,000,000,000 18,000,000,000 20,000,000,000 1982 1986 1990 1994 1998 2002 2006 2010 2014 2018 2022 2026 Net New Construction 0.00% 1.00% 2.00% 3.00% 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Page 89 of 171 Revenue Sources Revenue Sources Property Taxes 33% Sales and Other Taxes 11% Other 3% Grants & Aid 12% Charges for Services 18% Transportation Charges 9% Internal Service Fund Transfers 10% Fund Balance 4% Property Taxes Sales and Other Taxes Other Grants & Aid Charges for Services Transportation Charges Internal Service Fund Transfers Fund Balance Page 90 of 171 Expenses by Category Expenses by Category Salaries 30% Benefits 13% Service/Supplies 46% Capital 3% Debt Service 8% Salaries Benefits Service/Supplies Capital Debt Service Page 91 of 171 Debt Review • The upticks in debt service l evy are due to construction projects: • 2016 Nursing Home • 2019 Highway • 2020 Jail Cells • 2022 Government Cen ter • 2025 Hudson Hwy Shop • 2027 Jail (projected) • As the value of the County g rows, the debt is spread out to more properties and decreases per person. Debt Service Levy Rate Nursing Home Highway Shop Jail Special Needs Cells GC Expansion Hudson Hwy Shop Projections 2027-2032 0 0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 2006 2008 2010 2012 2014 2016 2018 2020 2022 2024 2026 2028 2030 2032 Page 92 of 171 Mill Rate History • Mill rate $2.59 per t housand dollars of equalized value • 3.47% decrease in m ill rate • 13th consecutive year o f mill rate decrease • Record low mill rate St. Croix County Historic Mill Rate $0.00 $1.00 $2.00 $3.00 $4.00 $5.00 $6.00 1975 1980 1985 1990 1995 2000 2005 2010 2015 2020 2025 Page 93 of 171 Mill Rate Comparison • Comparison data is a couple of y ears lagging, while our rate went down other counties have done better. Government Center debt is impacting this data. • Mill rate is 11 th lowest out of 72 Counties compared to 8th last year • St. Croix County mill rate is $1.46 lower than the state average • 32% below the state average 2023 Mill Rate Comparison $4.54 average 0.00 1.00 2.00 3.00 4.00 5.00 6.00 7.00 8.00 9.00 OZAUKEEWAUKESHAWASHINGTONVILASONEIDADANECHIPPEWALA CROSSEWALWORTHRACINEST CROIXSAWYERDOOROUTAGAMIEWASHBURNBROWNBURNETTPOLKMARINETTEGRANTJEFFERSONEAU CLAIREKENOSHASAUKBAYFIELDMILWAUKEEBARRONCOLUMBIADOUGLASOCONTOFORESTDODGEMARATHONWINNEBAGOCALUMETSHAWANOSHEBOYGANMANITOWOCPIERCEGREENVERNONROCKIRONPORTAGELINCOLNWOODBUFFALOMONROEFOND DU LACMENOMINEEADAMSLANGLADERUSKWAUPACADUNNJACKSONIOWAASHLANDJUNEAUGREEN LAKEWAUSHARATREMPEALEAUCRAWFORDKEWAUNEELAFAYETTEPRICEMARQUETTERICHLANDPEPINCLARKFLORENCETAYLOR Page 94 of 171 Per Capita Comparison • Comparison data is a couple of y ears lagging, Government Center debt is impacting data this year • Per Capita St. Croix 26 th lowest out of 72 Counties versus 18th last year • Average tax levy is $107.33 per person in St. Croix County • 19% below the state average • This should be peak high and trend of decreasing resume 2023 Per Capita Levy $555.57 average - 200.00 400.00 600.00 800.00 1,000.00 1,200.00 1,400.00 1,600.00 OZAUKEEWASHINGTONWAUKESHAGRANTLA CROSSECHIPPEWARACINEMILWAUKEEBROWNOUTAGAMIEDANEEAU CLAIREVERNONMARATHONMANITOWOCDODGEJEFFERSONWINNEBAGOCALUMETDOUGLASMARINETTESHAWANOWOODKENOSHASHEBOYGANST CROIXMONROEROCKBARRONONEIDAPIERCEFOND DU LACCOLUMBIAPORTAGEGREENSAUKPOLKLINCOLNDUNNBUFFALOJACKSONLAFAYETTEOCONTOTREMPEALEAUASHLANDWAUPACAWALWORTHCRAWFORDCLARKRICHLANDRUSKLANGLADEKEWAUNEEMENOMINEEWASHBURNJUNEAUFORESTTAYLORIOWABURNETTVILASSAWYERPEPINBAYFIELDPRICEWAUSHARAADAMSMARQUETTEGREEN LAKEIRONDOORFLORENCE Page 95 of 171 Fund Balance General Fund Unassigned 35% Target +3% Target -3% - 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 30,000,000 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Page 96 of 171 Capital Improvement Program - Budgets CIP Budget - 10,000,000 20,000,000 30,000,000 40,000,000 50,000,000 60,000,000 70,000,000 2026 2027 2028 2029 2030 Page 97 of 171 What we do well • Smart Use of Fund Balance • Budget conservatively • Spend excess on one-time projects (CIP , Debt) • Invest in Smarter Technologies • Civic Clerk – Electronic voting and agenda system • Medical Examiner – CT Scanner and Randox machine • Parks – Electronic gates and card reader park passes • Invest in Staff • Added staff when and where needed • Invest in developing staff for personal growth and promotion • Maintain AA Bond Rating • Aggressive with Grant Writing Page 98 of 171 What have we accomplished • 10 Years of Planned Building Investment • Positioned for next 20-30 years of growth • Positioned ourselves for 5th Circuit Court Branch • Improved service delivery for the public • Public Safety Referendum • Put more deputies on the road and in the jail • Invested in diversion, early intervention and prevention to reduce upstream costs • Managed Health Care Campus to Profitable • No tax levy dollars support operations • HCC has started contributing to debt service • Structured Debt Smartly • $7.5M Hudson highway shop done with zero increase to the debt service Page 99 of 171 What needs to be done • Big Picture/Recurring Items • Recruitment and retention • State of Wisconsin levy limits • Inflation • Insurance premiums rising faster than inflation • Federal cuts could impact services • Specific Challenges • Aging population changing service demands • Ground water nitrates • Xcel solar facility status remains outstanding • Jail capacity and timing of expansion project Page 100 of 171 Thank you The future is now in your hands Page 101 of 171 Running Effective Meetings – Robert’s Rules of Order Heather Amos | Corporation Counsel April 21, 2026 Page 102 of 171 Parliamentary Procedure • The objective of rules of order is to facilitate the smooth functioning of the governmental body and to provide a firm basis for resolving questions of procedure that may arise. • For many organizations, parliamentary procedures follows Robert’s Rules of Order, Newly Revised 11th Edition (RONR). • Article Three, Section D of the Rules of the Board of Supervisors sets forth the procedures of meetings of the County Board. • RONR governs all rules not specifically stated in the Rules of the Board of Supervisors. Page 103 of 171 Rules of the Board of Supervisors & Robert’s Rules Cannot Supersede Wisconsin Law • Open Meetings Law – Wis. Stat. Ch. 19 • Supermajority votes: • 2/3 of entire membership for budget amendment • 3/4 of entire membership for issuance of debt Page 104 of 171 Avoid the Use of Supervisor’s Names • Board Chair should not be referred to by name. • Board Chair speaks of himself/herself in the third person. • Avoid mentioning another Supervisor’s name when the person can be described in another way, i.e. “Supervisor Smith.” Page 105 of 171 When to Speak • Supervisor does not speak without first having addressed the Board Chair and obtained the floor. • Supervisor has not obtained the floor until recognized by the Board Chair. Page 106 of 171 Address the Board Chair • Address all remarks through the Board Chair - not the entire body, gallery, or TV cameras. • Supervisors should not address one another directly. • Direct your questions to other Supervisors through the Board Chair. Page 107 of 171 Duties of the Chair • All persons at a meeting have an obligation to obey the presiding officer, which is the Board Chair. • The Board Chair shall enforce the rules relating to debate, order, and decorum. • The Board Chair shall remind Supervisors to confine remarks to the merits of the agenda item. Page 108 of 171 Debate on the Question • Supervisors’ remarks must be germane to the agenda item or motion before the County Board. • Supervisors must maintain a courteous tone and should avoid interjecting a personal tone into the debate. Page 109 of 171 Chair Speaking in Debate • The Board Chair should relinquish the chair position if entering the debate. • The Board Chair should not return to his/her position until the pending question is disposed of. • There is an exception with small boards and committees, where the chair may engage in debate. Page 110 of 171 Bringing Business Before the Board • Business is brought through a motion by a Supervisor. • A motion is a formal proposal to take action. • The only item that brings business before the County Board is the main motion. • There are many other parliamentary motions, but none of those motions bring the agenda item to the County Board floor. Page 111 of 171 Making a Motion • A Supervisor must obtain the floor when no other question is pending and when business of the kind represented by the motion is in order. • A Supervisor must obtain the floor before making a motion or speaking in a debate. • Motion is not before the body until restated by the Board Chair. Page 112 of 171 Making a Motion (cont’d) • The motion may be prefaced by a few words of explanation. • The Board Chair may assist a Supervisor in framing the motion. • The maker of the motion may not withdraw motion once stated by the Board Chair as the motion is now the property of the body. Page 113 of 171 Speaking to the Motion • Discussion on an issue is permitted only with a reference to a pending motion. • Until a matter is brought before the County Board in the form of a motion, it cannot be debated. • This is not true for small boards or committees. • The maker of the motion may vote against it, but may not speak against their own motion. Page 114 of 171 Precedence in Speaking • A Supervisor who makes a motion is entitled to be recognized first. • No one is entitled to the floor a second time if a Supervisor who has not spoken desires the floor. Page 115 of 171 Ending Debate • Not “Call the Question.” • The proper way to end the debate is to make a Motion to Close Debate. • A second is required. • A 2/3 vote required. Page 116 of 171 Postpone or Table • A motion to table is utilized to set aside a matter without designating when to take up the issue again. • Example – Supervisors need additional information or other matters need more attention. • A motion to postpone to a definite time allows the agenda item to be set for a future meeting. • A motion to postpone indefinitely is used to set aside the agenda item with no intention to take it up again. Page 117 of 171 Point of Order • When a Supervisor believes something incorrect is happening. • No second or debate. The Chair rules on the Point of Order. • Waived if not raised at the time of the issue. • Not waived if the action violates law or a fundamental procedural rule. Page 118 of 171 Appeal • If a Supervisor believes the Board Chair ruled incorrectly, the Supervisor may make a motion for appeal. • Second required and the motion is debatable. • Takes precedence over pending question. • Board Chair can concede issue before vote is taken. Page 119 of 171 Motion Ownership • After a motion is made and seconded, an amendment or withdrawal of the motion is only allowed through the entire County Board. • Under RONR, no “friendly” amendments. • A motion cannot be withdrawn once made and there can be no “friendly” amendments. If you want to amend a motion, be very clear by stating, “I make a motion to amend…”. Page 120 of 171 Request for Future Agenda Items • When a request is made under future agenda items, the Supervisor should keep the request short and specific. • The reason the request should not be discussed in detail is because there could be a violation of the Open Meetings Law as it is not an item on the agenda. • There is no need to be highly specific in the request as a Department Head and/or County Administrator will follow up with the Supervisor after the meeting to obtain the specific details about the request. Page 121 of 171 Standing Committee Process vs. County Board Process - Motions • During a County Board meeting, an item on the agenda can only be brought to the floor for discussion if a motion and a second is made. • During a Standing Committee meeting, an item can be discussed prior to a motion and second being made. Page 122 of 171 Rules for Standing Committees • Supervisors may have discussion on an agenda item without a pending motion. • No time limits on discussions. • The Standing Committee Chair can make a motion and participate in discussion without relinquishing the chair position. Page 123 of 171 Motion to Adjourn • Not required if all business on agenda has been addressed. • A motion not to adjourn can be made by a Supervisor but requires 2/3 vote to pass. • Motion to adjourn can be made at any time except during when a vote is being taken. Page 124 of 171 Q&A Page 125 of 171 Standing Committees and Assignment Process Heather Amos, Corporation Counsel April 21, 2026 Page 126 of 171 Standing Committees • Administration Committee • Designated Departments: • Corporation Counsel • County Administrator • County Clerk • County Treasurer • Facilities • Finance • Human Resources • Information Technology Page 127 of 171 Standing Committees (cont’d) • Community Development Committee • Designated Departments: • Community Development • Register of Deeds • UW-Extension Page 128 of 171 Standing Committees (cont’d) • Health and Human Services Board • Designated Departments: • Health and Human Services Department • Health Care Campus • Veterans Services Page 129 of 171 Standing Committees (cont’d) • Public Protection and Judiciary • Designated Departments: • Child Support Agency • Circuit Court • Clerk of Court • District Attorney’s Office • Emergency Support Services • Justice Support Services • Medical Examiner • Sheriff’s Office Page 130 of 171 Standing Committees (cont’d) • Transportation Committee • Designated Departments: • Highway Department • County Surveyor. Page 131 of 171 Standing Committees (cont’d) • Pursuant to Wisconsin Statute § 59.18(2)(c), the County Administrator shall appoint all members of the Health and Human Services Board subject to confirmation by the County Board. • The Health and Human Services Board is made up of 9 total members – 6 supervisors and 3 citizen members. Page 132 of 171 Standing Committees (cont’d) • The other standing committees have five supervisors. • These standing committee members are appointed by the County Board Chair. • Each supervisor will be appointed to at least one standing committee. • No supervisor shall be a member of more than two standing committees. Page 133 of 171 Assignment Process • At the Organizational Meeting, the County Board elects the Chair and Vice-Chair. • Next, the County Board confirms the County Administrator’s appointments to the Health and Human Services (HHS) Board. • Within five days of the Organizational Meeting, the Chair shall appoint the members of the Administration, Community Development, Public Protection and Judiciary, and Transportation Committees. Page 134 of 171 Assignment Process (cont’d) • Each Standing Committee shall self-organize. • The County Board Chair shall direct the County Clerk or her designee to be the Convener of the initial Standing Committee meeting. • At the first meeting, each Standing Committee shall elect its own chair and vice-chair. • The Convener is to conduct the initial meeting of the Standing Committee, with the assistance of the County Administrator, until its chair is selected. Page 135 of 171 Q&A Page 136 of 171 Open Meetings Law Heather Amos, Corporation Counsel April 21, 2026 Page 137 of 171 Policy • The policy of Wisconsin is that the public is entitled to the fullest and most complete information regarding the affairs of government as is compatible with the conduct of governmental business. • The open meetings law requires that “all meetings of all state and local governmental bodies shall be publicly held in places reasonably accessible to members of the public and shall be open to all citizens at all times unless otherwise expressly provided by law.” Page 138 of 171 When does it apply? • Applies to EVERY MEETING of a GOVERNMENTAL BODY . • All provisions must be liberally construed to achieve the purpose of open government. Page 139 of 171 Definition of “Governmental Body” • Includes a “state or local agency, board, commission, committee, council, department of public body corporate and politic created by constitution, statute, ordinance, rule or order.” Wis. Stat. §19.82(1) • Virtually any collective governmental entity, including purely advisory bodies. • The County Board and subcommittees are considered “governmental bodies” under the statute. Page 140 of 171 Krueger v. Appleton Area School District Board of Education • A Wisconsin Supreme Court decision from June 2017 which clarified the definition of “governmental body.” • The Wisconsin Supreme Court explained that a “governmental body” includes more than just deliberate meetings involving governmental business between two or more officials. It also includes groups of individuals, such as the Communication Arts Materials Review Committee of the Appleton School District, which was composed of 17 individuals from the school who gathered to review curriculum. • This decision of the Wisconsin Supreme Court required governmental entities to review which boards, committees, councils, etc. must follow the open meetings law. Page 141 of 171 Definition of “Meeting” • “The convening of members of a governmental body for the purpose of exercising the responsibilities, authority, power or duties delegated to or vested in the body.” • Showers Test: It is a meeting when (1) there is a purpose to engage in governmental business; and (2) the number of members present is sufficient to determine the governmental body’s course of action. • If half or more of the members of a governmental body are present, the meeting is rebuttably presumed to be for the purpose of exercising the responsibilities, authority, power or duties delegated to or vested in the body. Page 142 of 171 Showers Test Purpose to Engage in Governmental Business • Any formal or informal action on matters within the governmental body’s realm of authority; includes discussion, decision, or information gathering. Number of Members Present • Power to control the course of action is either affirmative action (i.e.: to pass) or negative power (i.e.: to defeat). • Negative quorum = The number of members sufficient in size to defeat a course of action. Page 143 of 171 Open Meetings and Technology • Telephone conferences, video conferences, virtual meetings, internet chat rooms, and instant messaging can become a “meeting” if certain conditions are met. • Email can constitute a meeting • Email features like “reply all” and “forward” make it possible for a message to be instantaneously transmitted to enough members to create a quorum. Page 144 of 171 Walking Quorums • A “walking quorum” is a series of gatherings among separate groups of members, each less than quorum size, who agree, tacitly or explicitly, to act uniformly in sufficient number to reach a quorum. • “Walking quorums” produce a predetermined outcome and may render publicly-held meetings a mere formality. Page 145 of 171 Notice • Every meeting shall be preceded by public notice at least 24 hours in advance of a meeting unless for good cause such notice is impossible or impractical. In no case may there be less than 2 hours notice. • Notice must give the “time, date, place and subject matter of the meeting, including that intended for consideration and any contemplated closed session, in such form as is reasonably likely to apprise members of the public and the news media thereof.” • If a subject/topic that was not specifically noticed comes up at a meeting, the governmental body should refrain from engaging in any information gathering or discussion or from taking any action that would deprive the public of information about the conduct of governmental business. Page 146 of 171 Accessibility • All meetings shall be publicly held in places reasonably accessible to members of the public and shall be open to all citizens at all times. • The open meetings law grants citizens the right to tape record or videotape open session meetings, as long as doing so does not disrupt the meeting. • The open meetings law also permits, but does not require, a governmental body to set aside a portion of the meeting as public comment period. Page 147 of 171 Closed Session There are 11 exemptions to the open meeting requirement that permit (but do not require) a governmental body to convene in closed session: 1. Judicial or quasi-judicial hearings 2. Consideration of dismissal, demotion, discipline, licensing, and tenure 3. Consideration of employment, promotion, compensation, and performance evaluations 4. Consideration of financial, medical, social or personal information 5. Deliberating or negotiating the purchasing of public properties or conducting other public business when there is competitive or bargaining implications Page 148 of 171 Closed Session (cont’d) 6. Deliberating on unemployment insurance in a meeting at which all employer members or all employee members are excluded 7. Conferring with legal counsel with respect to litigation 8. Considering applications for probation or parole, or strategy for crime detection or prevention 9. Specified deliberations by the state council on unemployment insurance and worker’s compensation 10. Specified deliberations involving the location of a burial site 11. Consideration of requests of confidential written advice from an ethics board Page 149 of 171 Closed Session • Must convene in open session. • Governmental body must pass a motion, by majority vote, to convene in closed session. • Before voting, the chair must announce and record in open session the nature of the business to be discussed and the specific statutory exemption which is claimed to authorize closed session. This needs to be more than just stating the statute. Must explain reasoning. • Voting should be done in open session unless that would compromise the need for the closed session. Page 150 of 171 Enforcement and Penalties • Both the Attorney General and the St. Croix County District Attorney have the statutory authority to enforce the open meeting law. • A district attorney has authority to enforce the open meetings law only after an individual files a verified open meetings law complaint with the district attorney. If a district attorney refuses to commence an open meetings law enforcement action or fails to act within 20 days, the individual who filed the complaint has a right to bring an action, in the name of the state, to enforce open meetings law. • A court may void any action taken at a meeting held in violation of open meetings law. Page 151 of 171 Enforcement and Penalties (Cont’d) • Any member of a governmental body who knowingly attends a meeting held in violation of the open meetings law, or otherwise violates the law, is subject to a forfeiture of between $25 and $300 for each violation and may be required to pay attorney’s fees. Wis. Stat. § 19.96 • One way a member can avoid liability is to factually prove that he or she relied, in good faith and in an open and unconcealed manner, on the advice of counsel whose statutory duties include the rendering of legal opinions as to the actions of the body. Page 152 of 171 Q&A Page 153 of 171 Public Records Law and Best Practices Heather Amos, Corporation Counsel April 21, 2026 Page 154 of 171 What is a record? • Any material on which written, drawn, printed, spoken, visual, or electromagnetic information is recorded or preserved, regardless of physical form or characteristics, which has been created or is being kept by an authority. (Wis. Stat. § 19.32(2)) • Content determines whether it is a record, not form. • Not everything a public official or employee creates is a public record. • Must be created or kept in connection with official purpose or function of the agency. Page 155 of 171 What is not a record? • Drafts, notes, and preliminary documents • Narrowly construed • Does not fall under this exception if it is actually used for the purpose it was commissioned for • Cannot just label it “Draft” • Published material available for sale or at a library • Purely personal property • Material with limited access rights, such as copyrights or patents • Does not include an identical copy of a record Page 156 of 171 Definitions • “Authority” – means any of the following “having custody of a record:” • State or local office • An elected official • An agency, board, commission, council, department, or public body corporate and politic created by constitution, law, ordinance rule or order • A governmental or quasi-governmental corporation • Any court of law • The state assembly or senate • A nonprofit corporation that receives more than 50% of its funds from a county or municipality and which provides services related to public health or safety to the county or municipality. Page 157 of 171 Definitions (cont’d) • “Legal custodian” – vested by authority with full legal power to render decisions and carry out public records responsibilities • An elected official (but can designate an employee to act) • The chairperson of a committee of elected officials or their designee • Every other authority must designate one or more positions • If no designations are made, defaults are highest ranking officer and chief administrative officer, if any. • “Requester” – any person who requests inspection of or to copy a record; more limited rights for persons committed under mental health or incarcerated. Page 158 of 171 The Request • Written request is not required. • There are no specific “magic words.” • Must reasonably describe the information or record requested. • Must be reasonably specific as to time and subject matter. • Custodian should not have to guess what records the requester wants. • “Continuing” requests are not contemplated. The right of access applies only to records that exist at the time of the request. • Public records requests received by an authority are themselves “records.” Page 159 of 171 The Request (cont’d) Cannot deny a request because it calls for a lot of records, however, at some point an overly broad request becomes sufficiently excessive to warrant rejection. A records custodian may contact a requester to clarify the scope of a confusing request, or to advise the requester about the number and cost of records estimated to be responsive to the request. Custodians should be careful not to communicate with the requester in a way likely to be interpreted as an attempt to chill the requester’s exercise of his or her rights under the public records law. Page 160 of 171 The Requester • Need not state the purpose of the request • Generally, need not identify himself or herself • Motive not relevant, but context appropriately considered • Limitation on requests by prisoners and committed persons (limited to records that contain specific references to themselves or their minor children for whom the person has not been denied physical placement) • Note: a requester has greater rights to records that contain personally identifiable information about himself or herself (Wis. Stat. § 19.35(1)(am)) Page 161 of 171 Responding to the Request • A response is required. An authority MUST respond. • Must respond “as soon as practicable and without delay.” (There is no specific time period set forth in statute). • If responding to request will take time, it is a good idea to communicate that to requester. • For a simple request, the Attorney General indicates 10 business days. • Penalties for arbitrary and capricious delay (possibly punitive damages and $1,000 forfeiture). • Not required to adhere to a requester’s timelines (i.e.: “Send me these documents by Friday”). • Not required to forward to custodian of records • Response should indicate that you are not the custodian of the records. Page 162 of 171 Inspection and Copies A requester generally may choose to inspect records and/or obtain copies of the records A requester must be provided facilities for inspection and copying of requested records comparable to those used by the authority’s employees May impose reasonable restrictions on the manner of access to an original record if the record is irreplaceable or easily damaged A requester is entitled to a copy of a record, if requested (includes audio and visual records) Page 163 of 171 Enforcement and Penalties • If an authority withholds a record or part of a record, or delays granting access, the requester may: • Bring an action for mandamus asking the court to order release • Submit a written request to the District Attorney of the county where the record is located or to the Attorney General requesting an action for mandamus. • Penalties available on mandamus • Attorney’s fees • Damages of not less than $100 • Other actual costs Page 164 of 171 Best Practices - Communication with Constituents As a reminder, if you are communicating with constituents, remember to indicate that you are speaking in your individual capacity as a County Board Supervisor and not on behalf of the entire County Board. If the County Board has adopted a resolution on a policy position, you can indicate in those situations that the County Board has taken a stance on the issue. Page 165 of 171 Emails and Text Messages Emails are records and subject to disclosure. However, purely personal emails generally are not subject to disclosure. A purely personal email is one that has no connection to a government function. Not related to the affairs of the government, the official acts of officers and employees or the conduct of governmental business which underlie the purpose for giving public access to documents. Could be subject to disclosure if used as evidence in disciplinary investigation or to investigate the misuse of government resources. Text messages are records and subject to disclosure. Page 166 of 171 Emails and Text Messages – Best Practices • Only use your County-issued email address to communicate with constituents. • If you receive an email on your personal email, forward onto your County-issued email and respond from that email account. • If you receive a text message on your personal phone regarding items/issues addressed as a County Board Supervisor, remember that text message becomes a record and must be retained. • Best practice is to not send/receive text messages on personal phone regarding County business. Page 167 of 171 Social Media – Best Practices • Facebook, Twitter, Instagram, SnapChat, TikTok… • Good way to quickly communicate with a large number of public users. • Good way to quickly get into trouble with a large number of public users. • As a publicly elected official, any recorded communications you make regarding county business are subject to public records and open meetings laws, which includes social media and texting. • If you decide to use a social media account, set up a separate account from your personal account. • Be smart and professional – do not share fake news, confidential information, or rumors. Page 168 of 171 Social Media – Best Practices (cont’d) Treat social media like you are talking to the news media – assume anything you say may appear on the front page of the newspaper and that what you say can be taken out of context. Rule of thumb – Do not post or share anything that you would not want to be printed on the front page of the newspaper. Be clear that you are stating your own individual opinion unless it is a position already adopted by the County Board. Page 169 of 171 Complying with a Request • If you receive a request for records, please contact Attorney Heather Amos, Corporation Counsel, to assist you with processing the request. • Call: 715-381-4315 or email: heather.amos@sccwi.gov. • Remember that emails, text messages, and social media accounts may all contain public records if they are addressing County business. Therefore, as an elected official, you are required to respond to the request and can be personally liable if you fail to do so. Page 170 of 171 Q&A Page 171 of 171