Offices that Accept Reports of Misconduct in Wisconsin
Some offices deal with specific position holders and others handle a broader array of positions. The following is not a complete provision of authorities within the State that address matters of misconduct.
Internal Affairs Division
Internal Affairs (IA) divisions or units in Wisconsin law enforcement agencies apply to reports of officer misconduct, including citizen complaints, policy violations, and criminal allegations. These units investigate complaints ranging from minor policy infractions to serious misconduct, potentially leading to discipline, suspension, or termination.
County Civil Service Commissions
Wisconsin County Civil Service Commissions, authorized under Wis. Stat. § 59.52(8)(a), manage personnel systems covering selection, tenure, classification, and discipline for county employees. They ensure “just cause” for disciplinary actions, often covering deputy sheriffs and other staff, while adhering to rules for examinations and employment.
Wisconsin Judicial Commission
Misconduct by judicial officials in Wisconsin is subject to review, but it is handled through a specialized, confidential process managed by the Wisconsin Judicial Commission rather than standard court appeals. The Commission investigates complaints against circuit court judges, appellate judges, Supreme Court justices, and court commissioners.
District Attorney
District Attorneys (DAs) in Wisconsin handle reports of misconduct if that misconduct constitutes a potential crime. They work with law enforcement to investigate and prosecute criminal matters, including abuse or neglect, and, in some cases, maintain records of law enforcement officers with credibility issues (Brady material).
Mayor
The mayor serves as the chief executive officer for a city and is responsible for ensuring that city officers, employees, and ordinances are properly observed. Matters of Officer misconduct can result in correction or dismissal performed by the mayor and/or city council. While mayors handle administrative oversight, serious misconduct reports (crimes, ethical violations) are typically filed with the WI Ethics Commission or the county district attorney.
City Council
Are involved in the process of handling reports of misconduct, particularly regarding elected or appointed officials, although specific procedures vary by municipality and type of misconduct. Matters of Officer misconduct can result in correction or dismissal performed by the mayor and/or city council.
Law Enforcement Departments Accept Complaints
Accept complaints of law enforcer performance contrary to position expectations through a grievance complaint.
Judicial Review Grants Legally Binding Determinations (Generally Initiated in Circuit Court)
Judicial review applies to misconduct by Wisconsin government employees, particularly regarding administrative decisions, constitutional violations, or actions exceeding their legal authority. While government employees have qualified immunity, they are not immune from lawsuits regarding malicious, willful, or intentional misconduct.
Office of Lawyer Regulation
Is the agency under the Wisconsin Supreme Court responsible for investigating and prosecuting allegations of ethical misconduct by attorneys licensed in Wisconsin. The OLR receives grievances, investigates potential rule violations, and can seek sanctions against lawyers for misconduct.
Chap 983 – Tort Claims
Tort claims in Wisconsin handle reports of misconduct, covering both intentional wrongdoings and negligent actions that cause injury to a person’s body, property, reputation, or financial interests. These civil cases allow victims to seek money damages for actions like fraud, misrepresentation, or intentional injuries.
Redress of Grievances
“Redress of grievances” is freedom protected the U.S. Constitution First Amendment and the Wisconsin Constitution (Article I, Section 4). Citizens can express concerns, ideas, or complaints to representatives and government agencies. If you have a specific, formal grievance—such as one involving state services, professional conduct, or facility rights—you must follow established agency procedures rather than general petitions. Citizens can petition the government or its departments regarding misconduct. Specific, structured processes exist for reporting misconduct in various sectors, including state employee grievances, lawyer regulation, and patient rights.
Police & Fire Commissions
Applies to reports of misconduct, acting as a disciplinary body for police officers and firefighters in cities with populations over 4,000. The PFC has the authority to investigate, hear, and discipline personnel for rule violations, including suspension or termination.
Wisconsin Ethics Commission
Handles reports of misconduct, but its jurisdiction is primarily limited to violations of state ethics codes, campaign finance laws, and lobbying regulations by state public officials, candidates, and some local officials. It investigates potential violations of Chapters 11, 13, and 19 of Wisconsin Statutes. Holds jurisdiction over Wisconsin state public officials—including elected and appointed executive branch officials, state legislators, legislative staff, and certain executive branch employees—as well as candidates for state office. The Commission administers and enforces state laws governing campaign finance, lobbying, and ethics, including financial disclosure requirements and the Code of Ethics for Public Officials.
Wisconsin Governor
Has authority to remove certain county officials including sheriffs and district attorneys for misconduct.
Wisconsin Department of Justice (DOJ) Division of Criminal Investigation
Investigates major crimes with a focus on matters of statewide importance, government corruption, officer-involved deaths and allegations of criminal misconduct by public officials.
Sheriff’s Department
Misconduct in a Wisconsin sheriff’s department is primarily handled internally by the specific agency’s Office of Professional Standards, Internal Affairs division, or directly by the Sheriff. Complaints are generally submitted to the sheriff’s office in writing for investigation.
Federal Bureau of Investigation
Contact the nearest FBI office if you believe a federal criminal civil rights law has been violated involving race, color, religion, sex, national origin, age, or disability.
Mandamas Action
File a Mandamus Action. In some jurisdictions, an attorney can help you file a writ of mandamus, which is a court order compelling a government official (like a police officer) to perform a mandatory or ministerial duty.
Judicial Review
Evidence can be reviewed by a judge to confirm action of misconduct, write a court order to compel correction of the misaction. A hearing also creates a record of the event and intended action.
Right to Petition the Government
Report County Level Misconduct
A County Executive, County Administrator, Administrative Coordinator, and District Attorney generally accept complaints of misconduct from the public of a fitting nature. The following is not a complete provision for county authorities that address misconduct. Understand that the following officials handle complaints differently depending on how that body of government structured the process for complaints of misconduct in that specific office.
County Executive
Counties of population greater than 750,000 elect a County Executive as chief executive officer of the county who ensures that every county ordinance and state or federal law is observed, enforced and administered within his or her county if the ordinance or law is subject to enforcement by the county executive or any person supervised by the county executive. County Executives generally accept complaints of misconduct from the public. (Wis. Stat. § 59.17 County executive.)
County Administrator
Counties of population less than 750,000 elect a County Administrator as chief administrative officer of the county ensures that every county ordinance and state or federal law is observed, enforced and administered within his or her county if the ordinance or law is subject to enforcement by the county administrator or any other person supervised by the county administrator. The County Administrator will generally accept complaints of misconduct from the public regarding county operations. (Wis. Stat. § 59.18 County administrator.)
Administrative Coordinator
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. The Administrative Coordinator will generally accept complaints of misconduct from the public regarding county operations. (Wis. Stat. § 59.19 Administrative coordinator)
A county administrator and county executive typically handle a broad range of employee and official misconduct, focusing on both criminal acts and violations of workplace policies. Key areas include Wis Stat 946.12 Misconduct in Public Office, such as failing to perform mandatory duties, exceeding lawful authority, falsifying records, or conflicts of interest.
District Attorney
Will handle cases/complaints of criminal misconduct. Has investigators and can pursue charges independently if the circumstance fits requirements for acceptance and action.