(1) APPOINTMENT AND TENURE.
(a) Not later than 10 days after taking office, subject to sub. (3), the sheriff shall appoint deputy sheriffs for the county as follows: 1. One for each city and village in the county that has 1,000 or more inhabitants. 2. One for each assembly district in the county, except the district in which the undersheriff resides, that contains a village having less than 1,000 inhabitants and does not contain a city or village having more than 1,000 inhabitants.
(b) Subject to subs.
(2) and (3), and s. 59.22 (2)
(c) 1. b., the sheriff may appoint as many other deputy sheriffs as the sheriff considers proper.
(c) Subject to sub. (3), the sheriff may fill vacancies in the office of any appointee, and may appoint a person to take the place of any deputy sheriff who becomes incapable of executing the duties of that office.
(d) The sheriff or the undersheriff may also deputize in writing other persons to perform particular acts.
(e) Except as provided under sub. (3), a county ordinance, or the terms of an applicable collective bargaining agreement, a deputy sheriff may be removed at the pleasure of the sheriff.
(f) 1. In this paragraph, “external security check” means a security check of areas immediately adjacent to a military installation, or of critical concern to the installation’s commander as determined by the commander, for the sole purpose of protecting the installation’s state and federal personnel, assets, and equipment. 2. The sheriff or undersheriff may deputize in writing security officers employed by the department of military affairs, subject to the approval of the adjutant general or his or her designee, for the purpose of conducting routine external security checks around military installations in this state. The sheriff or undersheriff shall specify in writing the jurisdiction of an officer deputized under this paragraph. 3. Subsection (2)
(c) does not apply to an individual deputized under subd. 2. The sheriff or undersheriff may revoke the deputization of a security officer deputized under subd. 2. at any time in the sheriff’s or undersheriff’s discretion. 4. A security officer deputized under subd. 2. is a state employee for all purposes.
(g) Appointments under pars.
(a) to (c) and removals under pars.
(e) and (f) shall be in writing and be filed and recorded in the office of the clerk.
(2) BOARD AUTHORITY.
(a) In any county with a population of less than 750,000, the board may fix by ordinance the number of deputy sheriffs to be appointed in that county at not less than that number required by sub.
(1)
(a) and may set the salary of those deputies.
(b) 1. Subject to sub. (4), the board may provide by ordinance that deputy sheriff positions be filled by appointment by the sheriff from a list of all persons with the 3 highest scores for each position based on a competitive examination. 2. In an ordinance under subd. 1., the board shall designate that competitive examinations under subd. 1. be held by a county civil service commission under subd. 5. or the bureau of merit recruitment and selection in the department of administration under subd. 4. 3. If the board has enacted an ordinance under subd. 1. and the sheriff fills a deputy sheriff position by promotion, the sheriff shall, subject to sub. (4), make the appointment to the position from a list of 3 deputy sheriffs who receive the highest scores in a competitive examination held as designated under subd. 2., except that the list provided to the sheriff shall include only deputy sheriffs currently employed in the sheriff’s office. 4. Upon request of the board, the bureau of merit recruitment and selection shall conduct examinations according to the methods used in examinations for the state civil service and, except as provided under subd. 3., shall certify an eligible list of the names of all persons with the 3 highest scores on that examination for each position to the sheriff of that county who, subject to sub. (4), shall make an appointment from that list to fill the position within 10 days after the sheriff receives the eligibility list. The county shall pay the cost of the examination. 5. If the board designates examination by a civil service commission, ss. 63.01 to 63.17, other than ss. 63.03, 63.04, and 63.15 and except the provision governing minimum compensation of the commissioners, apply so far as consistent with this subsection.
(c) The board of a county enacting an ordinance under par.
(b) may provide that a deputy sheriff at the time of the enactment may retain the position without taking a competitive examination.
(d) 1. A board may establish, by ordinance in connection with the enactment of an ordinance providing for civil service selection and tenure of deputy sheriffs under pars.
(a) and (b) and sub. (3), a traffic division of the sheriff’s office and fix the number of deputy sheriffs as traffic patrolmen and other employees in the division. 2. An ordinance under this paragraph shall provide that the personnel in the traffic division of the sheriff’s department are appointed and hold their positions in the manner and under the conditions set forth in pars.
(a) and (b) and sub. (3).
(e) The board may provide by ordinance for employee grievance procedures and, subject to sub. (3), disciplinary actions, for hours of work, for tours of duty according to seniority, and for other administrative regulations.
(3) DISCIPLINE IN CERTAIN COUNTIES. In counties that do not have a countywide civil service system under s. 59.52 (8) or a civil service commission under s. 63.01, all of the following apply:
(a) The board shall create or designate an existing standing committee as the grievance committee. If the board creates a grievance committee under this paragraph, the grievance committee shall be appointed in the same manner and at the same time as standing committees of the board are appointed. The grievance committee may be made up of members of the board or other electors of the county, or both. The members of the grievance committee shall be paid in the same manner as members of other board committees.
(b) Persons who are appointed as deputy sheriff may be suspended, demoted, suspended and demoted, or dismissed only for just cause as determined under par. (i).
(c) If the sheriff or undersheriff or a majority of the members of a civil service commission for the selection of deputy sheriffs believes that a deputy sheriff has acted so as to show the deputy sheriff to be incompetent to perform the duties of deputy sheriff or to have merited suspension, demotion, suspension and demotion, or dismissal, the sheriff, undersheriff, or civil service commission shall file a complaint in writing with the grievance comCOUNTIES 59.26523 mittee setting forth specifically the charges against the deputy sheriff.
(d) If the party filing charges under par.
(c) is a sheriff or undersheriff, the sheriff or undersheriff may suspend or demote or suspend and demote the deputy sheriff at the time the complaint is filed.
(e) Upon the filing of a complaint under par. (c), the grievance committee shall immediately notify the accused deputy sheriff and as soon as practicable furnish the accused deputy sheriff with a copy of the complaint.
(f) If an accused deputy sheriff requests a hearing within 2 weeks of receiving notice under par.
(e) or within the time period specified in an applicable collective bargaining agreement, whichever is later, by filing a request with the county clerk, the grievance committee shall designate a time and place for a hearing on the charges. The time of the hearing shall be within 3 weeks after the filing of a request under this paragraph, unless extended by mutual agreement. The grievance committee shall notify the party that filed the complaint with the grievance committee and the accused deputy sheriff of the time and place of the hearing.
(g) If an accused deputy sheriff does not request a hearing under par. (f), the grievance committee may take whatever action it considers justified on the basis of the charges filed and shall issue an order in writing as provided in par. (i).
(h) At a hearing on charges filed under par. (c), the grievance committee may take testimony and any testimony taken shall be transcribed. The chairperson of the grievance committee shall issue subpoenas for the attendance at a hearing of any witnesses requested by the accused deputy sheriff. The chairperson of the grievance committee may maintain order at a hearing and enforce obedience to the chairperson’s lawful requirements. If a person at a hearing acts in a disorderly manner and persists after notice from the chairperson, the chairperson may order the person to leave the hearing. If the order to leave is refused, the chairperson may order the sheriff or other person to take the disorderly person into custody until the hearing is adjourned for that day.
(i) At the termination of a hearing under par.
(h) or upon expiration of time to request a hearing under par. (f), the grievance committee shall determine in writing whether or not there is just cause to sustain the charges. As part of this determination, the grievance committee may order suspension, demotion, suspension and demotion, discharge, or reinstatement of the accused deputy sheriff. The grievance committee shall file its decision with the county clerk. In making its determination of just cause under this paragraph, the grievance committee shall apply the following standards, to the extent applicable: 1. Whether the deputy sheriff could reasonably be expected to have had knowledge of the probable consequences of the alleged conduct. 2. Whether the rule or order that the deputy sheriff allegedly violated is reasonable. 3. Whether the sheriff, before filing the charge against the deputy sheriff, made a reasonable effort to discover whether the deputy sheriff did in fact violate a rule or order. 4. Whether the effort described under subd. 3. was fair and objective. 5. Whether the sheriff discovered substantial evidence that the deputy sheriff violated the rule or order as described in the charges filed against the deputy sheriff. 6. Whether the sheriff is applying the rule or order fairly and without discrimination to the deputy sheriff. 7. Whether the proposed discipline reasonably relates to the seriousness of the alleged violation and to the deputy sheriff’s record of service with the sheriff’s office.
(j) If an accused deputy sheriff is subject to a suspension, demotion, or discharge prior to final determination of the charges and the charges are not sustained under par.
(i) or the charges are otherwise withdrawn, the deputy sheriff shall be reinstated and entitled to pay as though in continuous service.
(k) 1. A deputy sheriff subject to an order under par.
(i) may appeal from the order to the circuit court by serving written notice of the appeal on the county clerk within 10 days after the order is filed. 2. No later than 5 days after receiving written notice of the appeal, the grievance committee shall certify to the clerk of the circuit court of the county in which the deputy sheriff is employed the record of the proceedings, including all documents, testimony, and minutes. An action under this paragraph commences upon receipt of the record by the clerk of circuit court. 3. An action under this paragraph shall have precedence over any other civil cause of a different nature pending in the court. 4. Upon application of the deputy sheriff or of the grievance committee, the court shall fix a date of trial, which shall not be later than 15 days after the application, unless both parties agree. A trial under this subdivision shall be to the court and upon the return of the grievance committee, except that the court may require further return or the taking and return of further evidence by the grievance committee. The sole question to be determined by the court is whether there is just cause, as described under par. (i), to issue the order being appealed. 5. No costs in an action under this paragraph shall be allowed either party. The clerk’s fees in an action under this paragraph shall be paid by the county. 6. If the appealed order of the grievance committee is reversed, the accused shall be reinstated and entitled to pay as though in continuous service.
(4) OTHER PROVISIONS.
(a) Subsection (3) does not apply to honorary deputy sheriffs.
(b) 1. In counties that have adopted a countywide civil service system under s. 59.52 (8), discipline of deputy sheriffs shall comply with s. 59.52 (8). 2. In counties that have established a county civil service commission under s. 63.01, discipline of deputy sheriffs shall comply with s. 63.01.
(c) A deputy sheriff in any county may not be suspended or dismissed under sub.
(3) or s. 59.52 (8) or 63.10 without pay or benefits for any action taken that is within the scope of the deputy’s employment, until the matter that is the subject of the suspension or dismissal is disposed of by a grievance committee or civil service commission or the time for appeal of that matter passes without an appeal being made.
(d) If the decision of a grievance committee or civil service commission is adverse to a deputy sheriff and the time for appeal to a circuit court passes without an appeal being made or the deputy sheriff’s appeal to the circuit court is decided adversely to the deputy sheriff, all pay and benefits received by the deputy sheriff between the time of his or her suspension or dismissal and the latest of an adverse ruling by the committee, the commission, or the circuit court or the expiration of the time for appeal to the circuit court shall be returned to the county, at the request of the county.
(5) OFFICERS AFFECTED BY SERVICE CONTRACT.
(a) Notwithstanding s. 59.26 (1) and subs.
(1) and (2) and subject to par. (b), if a county provides law enforcement services to a city or village under ss. 59.03 (2)
(e) and 62.13 (2s) and if the sheriff appoints additional deputies under sub.
(2) to provide the services, the sheriff shall, if the sheriff in the sheriff’s sole discretion determines that the former police officers of the city or village meet the qualifications necessary to be a deputy sheriff, use a good faith effort to fill the additional deputy positions from the ranks of former police officers who lost their positions when their de- 2459.265 COUNTIES partment was abolished under s. 62.13 (2s) (a). With regard to each contract that is entered into under s. 59.03 (2) (e), this provision does not apply on or after the first day of the 25th month beginning after the contract takes effect in the county.
(b) Paragraph (a) applies only to the extent that it is not inconsistent with any collective bargaining agreement that is in effect between a county and its employees.