Wis. Stat. § 59.265 — WI Code / Chapter 59 / Section 59.265
Section 59.265
Status: in_force

(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 department 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.

History: 2025 a. 196 ; s. 35.17 correction in (3) (h).