Each position in government has duties assigned by the State to perform during employment, an appointment or stay in office after being elected. Failure of position holders can be met with confrontation by the public.
Protocols for each position can be reviewed online in State legislation, on government based websites that inform the public of position roles, contact office staff to ask such questions or search online for PDF documents supplied by the State pertaining to specific members of government.
Compare actions of an official to State description of that position’s protocols to determine if actions are supported by the State or can be considered a failure in office or dereliction of duty that warrants a confrontation being made to correct past actions and if judiciary or law enforcement should become involved in the matter.
To encourage officials to perform position compliance, ensure that reps are aware their actions are being monitored for office failures by the public and that citizens are capable of holding officials accountable for misaction. Share your awareness of position responsibilities and that you as a citizen can administer accountability if needed.
Federal Authority Preempts State – State Preempts Municipality
While States are largely independent from the Federal Government, all members of the U.S. Republic do abide by Federal preemption. Acting under color of law in the U.S. refers to individuals exercising power granted by sources of government authority—local, state, or federal—to willfully deprive persons of constitutional rights. This includes police, prison guards, judges, and public officials.
This list provides sources of legal authority in Statutes & Codes pertaining to position responsibilities:
Position Expectations Imposed by the State of Wisconsin
Wis Leg Chap 19 General duties of public officials
Wis Admin Code Chap LES 3 – mandatory training standards of law enforcers
Wis. Stat. § 165.85 Law enforcement standards board. (WI DOJ)
Federal Code 18 U.S.C. § 242 – Deprivation of Rights Under Color of Law
“Whoever, under color of any law, …willfully subjects any person…to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States [shall be guilty of a crime].”
Federal Code 42 U.S.C. § 1983 – Civil Action for Deprivation of Rights
Public Servant Pentalites – Wisconsin
Wis Stat § 62.13 (2s) Police and fire departments. Abolition of Police Department, County Law Enforcement
Wis Stat 893.80 § Claims against governmental bodies or officers, agents or employees; notice of injury; limitation of damages and suits.
Wis. Stat. § 893.82 Claims against state employees
Wis. Stat. § 946.12 Misconduct in Public Office
Wis. Stat. § 946.18 Misconduct sections apply to all public officers.
Wisconsin Legislation Chapter 17 Resignations, Vacancies, and Removals from Office
Wis Stat § 17.09 Removal of elective county officers.
Wis Stat § 17.10 Removal of appointive county officers.
Wis Stat § 17.11 Suspension of district attorney or sheriff.
Wis Stat § 17.12 Removal and suspension of city officers.
Wis Stat § 17.14 Removal; assessors; boards of review; county boards; procedure.
Wis Stat § 230.34 Demotion, suspension, discharge and layoff.