To form a new local government its creators select statutes from Wisconsin legislation to create a charter that serves as a local constitution for municipalities of villages, cities and counties that gain home rule. A charter provides local independence for self governing and embraces Federal and State Constitutions, laws, ethics and other impositions as well.
Each village or city and counties that form home rule have functioning branches of government to be self-sustaining. Cities elect a mayor for the executive branch, common council for legislative and elect a municipal judge that serves judicial purpose. Villages have a village president that heads a board of trustees (village board). Towns are not a municipality and may utilize county deputies as law enforcers. Cities have a chief of police leading a local department.
A municipality/charter can be fashioned through procedures in Chapter 66 General Municipality Law to create independent policies for local affairs. Home rule protects municipalities from overreach of State government, 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.