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Within the State of Wisconsin there have been numerous situations over the years in which a person, an employee, a county board, or even a State government agency has questioned a Sheriffs authority. In these instances, neither the Wisconsin Constitution nor the statutes clearly define all of the authority, rights or duties of the office. As a result, various courts have had to review the general context of the litigation and then interpret and define the statutory and/or constitutional language. The Attorney General, in opinions issued by his office, also interprets the same language in an attempt to define the authority and responsibility of the Sheriff.
Authority of the Sheriff - The most notable and referenced “Sheriff’s Authority” Wisconsin Supreme Court decision is Andreski v. Industrial Commission, 261 Wis. 234 52 N.W. 2nd 135; (1952). In the Andreski case the court was very clear, firm, and definitive when describing the Sheriff’s Authority. The court said:
“Within the field of his responsibility for the maintenance of law and orderthe sheriff today retains his ancient character and is accountable only to the sovereign, the voters of his county, though he may be removed by the Governor for cause. No other county official supervises his work or can they require a report or an accounting from him concerning his performance of his duty. He chooses his own ways and means of performing it. He divides his time according to his own judgment of what is necessary and desirable but is always subject to call and is eternally charged with maintaining the peace of the county and the apprehension of those who break it.”
Even though the Andreski court decision was made a half-century ago, it is often referenced in other court, and Attorney General opinions. The Andreski case reinforced the Sheriffs authority by saying “a Sheriffs work, his methods and his hours, are carried out as he sees fit.”
In light of these occasional challenges, Wisconsin Sheriffs place a high priority on maintaining a professional level of service in every field of responsibility. To accomplish this task, Sheriffs realize the importance of team work, cooperation, and coordination. As such, a strong working relationship between Sheriffs and other county officials and agencies result in a high quality of service to the public they serve.
Todays BSSA - Wisconsin Sheriffs face a wide variety of concerns that years ago could not be imagined. Ongoing threats to our Nation and our State have Sheriffs planning and preparing for situations they never dreamed of just a few years ago. Changes in technology require detailed attention. Continued budget cuts on the state level require each County and Sheriff to look for efficiency in every service and community program that is provided.
Today, the BSSA remains a strong and active association within the State of Wisconsin. Meetings and training sessions are held quarterly, throughout the state. In February, the BSSA will meet in Madison, WI where the Sheriffs training will focus on State and Federal resources available to assist the Office of Sheriff. For the remainder of the year, the BSSA plans to meet in May (Burnett Co.), August (Wood Co.) and December (TBA). Each meeting and training session will be designed to help individual Sheriffs serve the citizens they are elected to protect.
The current officers of the BSSA are: President, Sheriff Steven R. Michek of Iowa County, 1st Vice-President, Sheriff David Kaminski of Rusk County, 2nd Vice-President, Sheriff Brent Oleson of Juneau County, Secretary, Sheriff Jeff Rickaby of Florence County, Treasurer, Sheriff John Gossage of Brown County.
Message From The President - While all Sheriffs in the State of Wisconsin have their own unique challenges there are common issues that affect Sheriffs and the Office of Sheriff statewide. Budget shortfalls seem to be the most ominous issue that Sheriffs will face in the coming years. Reduced budgets may cause staff and service reductions in some cases and it is important for all parties involved in these decisions to understand what the implications are before any reduction(s) take place. In many cases educating the public and our county board members is effective, because when decisions are made in the budgeting process on too little information we may not be able to provide the public safety that traditionally, Sheriffs have been so very proud of providing for centuries. It will be vital for Sheriffs to investigate measures that save money, some that have been tested and some that have not in order to maintain a level of service that our communities expect.
These issues will not be without sacrifice, one thing that cannot be abridged however is the Office of Sheriff. The Sheriff is in the “unique autonomous position” and “he alone chooses where to concentrate law enforcement efforts and by what means he will utilize to carry out those efforts” these are vital reasons why the Sheriff is elected by the people in his or her county.
I am very proud to be a part of the Badger State Sheriffs’ Association and I look forward to keeping the constitutional and statutory authority of the Sheriff in the forefront when considering issues related to Sheriffs and the citizens that we are elected to serve.
Sheriff Steven R. Michek, President Badger State Sheriffs' Association
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