A charter serves as a constitution in counties and municipalities, defining a body of governments’ structure, powers, and intended procedures for operation based on State statutes selected by the charter creators who formed the local government.
Wisconsin charter creation (for cities and villages) does not automatically depend on a public vote, but it is subject to a potential referendum if citizens petition for one. According to Wis Stat § 66.0101, also known as the Home Rule, the process is primarily driven by the local governing body. A city or village may enact a charter ordinance that requires a two-thirds vote of the members-elect of the local legislative body (council or board).
A municipality/charter can be fashioned through procedures in Chapter 66 General Municipality Law to create independent structure, functions, and policies regarding local affairs. Home rule protects municipalities from overreach by the state legislature, preventing the state from dictating rules on matters of local concern. Charters promote local control, flexibility, and responsiveness, allowing cities to tailor policies to unique needs while simultaneously adhering to Federal and State preemption.
A county charter provides local administrative home rule which refers to statutory authority granted to counties to organize their own departments and manage internal affairs, distinct from the broader constitutional home rule power granted to cities and villages. Counties are limited to organizational/administrative matters under Chapter 59 Counties.
Function of City Charters
Article XI, Section 3 of the Wisconsin Constitution establishes “Municipal Home Rule,” granting cities and villages the power to determine their local affairs, yet all things within the defined boundaries remain subject to federal and state constitutions and statewide laws.
Function of County Charters
Counties can use charters for greater self-governance in Wisconsin to gain more local control, allowing them to tailor governance beyond standard statutes. A municipal full charter via a commission and voter approval, gives broad power to structure government, select officials (except sheriffs/DAs), and pass local laws, as long as they don’t conflict with state/federal law.
Accessing Charters
Residents can understand the structure of their local bodies of government, responsibilities and procedures of operation by reviewing charters. Municipalities are required to provide a copy of the charter for public inspection through the office of the city clerk. Review charters through Municode online (Municipal Code Corporation), associated with CivicPlus. City Hall staff can direct a person to local charters and some local public libraries direct people to charters.
Statutes Related to Development of Charters
Chapters and Subchapters of Wisconsin legislation pertaining to development and maintaining bodies of government. Areas that have not taken on powers of a village in Wisconsin are considered unincorporated and reflect state law.