2023 Wisconsin Statutes & Annotations › Chapter 17 - Resignations, vacancies, and removals from office. › 17.07 - Removals; legislative and appointive state officers.

17.07
Removals; legislative and appointive state officers.
Removals from office of legislative and appointive state officers may be made as follows:
(1)
Officers elected by either house of the legislature, by the house that elected them, at pleasure.
(2)
State officers appointed by the legislature, by that body, at pleasure; or by the governor during the recess of the legislature, for cause.
(3)
State officers serving in an office that is filled by appointment of the governor for a fixed term by and with the advice and consent of the senate, or serving in an office that is filled by appointment of any other officer or body for a fixed term subject to the concurrence of the governor, by the governor at any time, for cause.
(3m)
Notwithstanding sub. (3), the parole commission chairperson may be removed by the governor, at pleasure.
(4)
State officers serving in an office that is filled by appointment of the governor with the advice and consent of the senate to serve at the pleasure of the governor, or serving in an office that is filled by appointment of any other officer or body for an indefinite term subject to the concurrence of the governor, by the governor at any time.
(5)
State officers serving in an office that is filled by appointment of the governor alone for a fixed or indefinite term or to supply a vacancy in any office, elective or appointive, except justices of the supreme court and judges and the adjutant general, by the governor at pleasure; the adjutant general, by the governor, at any time, for cause or for withdrawal of federal recognition of his or her commission under 32 USC 323; and all officers appointed by the governor during the recess of the legislature whose appointments are required to be later confirmed by the senate shall be deemed to be appointed by the governor alone until so confirmed.
(6)
Other state officers serving in an office that is filled by appointment of any officer or body without the concurrence of the governor, by the officer or body having the authority to make appointments to that office, at pleasure, except that officers appointed according to merit and fitness under and subject to ch. 230 or officers whose removal is governed by ch. 230 may be removed only in conformity with that chapter.
History:  1971 c. 211; 1977 c. 196 s. 131; 1979 c. 221; 1987 a. 63; 1989 a. 121; 1991 a. 32; 1995 a. 27; 2009 a. 28; 2011 a. 38; 2013 a. 203.
Under s. 17.03, the expiration of a member's term on the Wisconsin Board of Natural Resources does not create a vacancy. The member lawfully retains the member's position on the board as a holdover. Therefore, the governor cannot make a provisional appointment to replace the member under s. 17.20 (2) (a). Until the member's successor is nominated by the governor and confirmed by the senate, the member may be removed by the governor only for cause under sub. (3). State ex rel. Kaul v. Prehn, 2022 WI 50, 402 Wis. 2d 539, 976 N.W.2d 821, 21-1673.
Council members had authority to remove the executive director of the council. Terrien v. Metropolitan Milwaukee Criminal Justice Council, 455 F. Supp. 1375 (1978).