Wisconsin Statutes
Wis. Stat. § 63.03 (2026)
Classification
✓ current as of July 2026
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63.03(1)(1) In every county in which a commission is appointed, under ss. 63.01 to 63.16, all offices and positions in the public service in the county shall be divided into 2 classes, namely, the classified and the unclassified service. All such offices and positions, however created or filled, shall be included in the classified service, except as provided under subs. (2) and (3).
63.03(2)(2) Except as provided under sub. (3), the following officers and positions in every county with a commission created under ss. 63.01 to 63.17 shall be in the unclassified service:
63.03(2)(km)(km) All members of the staff of a district attorney’s office in any county with a population of 750,000 or more, except employees engaged in clerical and stenographic work.
63.03(2)(n)(n) Investigators in the office of the district attorney, when authorized by the county board.
63.03(2)(q)(q) Members of the medical staffs of the various hospitals, sanatoriums, and other county institutions who are supplied by a medical school or medical societies without expense to or compensation from the county.
63.03(2)(r)(r) All staff performing services for the Milwaukee County enrollment services unit under s. 49.825 or for the child care provider services unit under s. 49.826.
63.03(2)(u)(u) Persons between the ages of 14 and 19 who perform part-time services of 20 hours per week or less under a work-creation program devised by the county.
63.03(2)(v)(v) Persons 16 years of age or older who perform training or services, or both, under a work experience program developed by the county or developed under federal auspices or sponsorship. Persons qualifying under this paragraph shall not be eligible for benefits under ch. 108.
63.03(2)(y)(y) Any position of general manager under s. 27.03 (2), director under s. 46.21 (1m) (a), department director under s. 59.52 (1), director of personnel under s. 63.02 (2) or county highway commissioner under s. 83.01 (1).
63.03(3)(3) Except as otherwise provided in the statutes, if a commission created under ss. 63.01 to 63.17 deems such action to be necessary to secure the best service for the county, the commission may:
63.03(3)(a)(a) Transfer any position of department head, deputy department head, associate department head or immediate assistant department head from the classified service to the unclassified service if the position is in pay range 30 or above. The appointing authority for department heads transferred to or from the classified service under this paragraph shall be designated by county ordinance prior to appointment of any person to any such transferred position. Such appointment shall be subject to confirmation by the county board.
63.03(3)(b)(b) Transfer nonelective offices or positions, other than undersheriff, from the unclassified service under sub. (2) to the classified service.
Effective date noteNOTE: Par. (b) is shown as amended eff. 1-4-27 by 2025 Wis. Act 196. Prior to 1-4-27 it reads:
Effective date text(b) Transfer nonelective offices or positions from the unclassified service under sub. (2) to the classified service.
63.03 HistoryHistory: 1971 c. 154; 1973 c. 12, 63, 262; 1977 c. 27, 323, 433, 447; 1981 c. 329 s. 31; 1985 a. 29 s. 3202 (56); 1985 a. 176; 1989 a. 31, 260, 268; 1991 a. 274; 1993 a. 16; 1995 a. 201; 2001 a. 61; 2009 a. 15, 28; 2017 a. 207 s. 5; 2025 a. 196.
Notes of Decisions
Cited in 3
cases, 1996–2018 · leading case: Flynn v. Kornwolf, 83 F.3d 924 (7th Cir. 1996).
Flynn v. Kornwolf, 83 F.3d 924 (7th Cir. 1996). “See Wis.Stat. § 63.03(1). However, a county may establish a civil service commission for the selection of deputy sheriffs and limit civil service protections to deputy sheriffs.”
Lipscomb v. Abele, 918 N.W.2d 434 (Wis. Ct. App. 2018). “§ 63.03, divides county employees in Wisconsin into two categories of *15 service: classified and unclassified.”
Tietjen v. Milwaukee Cnty., 922 N.W.2d 319 (Wis. Ct. App. 2018). “§ 63.03(1) (2015-16), 2 all employment positions in Milwaukee County are considered classified service positions unless they are included in the list of excepted positions set forth in § 63.”
— Wis. Stat. § 63.03(1) — 3 cases
Flynn v. Kornwolf, 83 F.3d 924 (7th Cir. 1996). “See Wis.Stat. § 63.03(1). However, a county may establish a civil service commission for the selection of deputy sheriffs and limit civil service protections to deputy sheriffs.”
Lipscomb v. Abele, 918 N.W.2d 434 (Wis. Ct. App. 2018). “§ 63.03, divides county employees in Wisconsin into two categories of *15 service: classified and unclassified.”
Tietjen v. Milwaukee Cnty., 922 N.W.2d 319 (Wis. Ct. App. 2018). “§ 63.03(1) (2015-16), 2 all employment positions in Milwaukee County are considered classified service positions unless they are included in the list of excepted positions set forth in § 63.”
— Wis. Stat. § 63.03(2) — 1 case
Tietjen v. Milwaukee Cnty., 922 N.W.2d 319 (Wis. Ct. App. 2018). “§ 63.03(1) (2015-16), 2 all employment positions in Milwaukee County are considered classified service positions unless they are included in the list of excepted positions set forth in § 63.”
— Wis. Stat. § 63.03(3)(a) — 1 case
Tietjen v. Milwaukee Cnty., 922 N.W.2d 319 (Wis. Ct. App. 2018). “§ 63.03(1) (2015-16), 2 all employment positions in Milwaukee County are considered classified service positions unless they are included in the list of excepted positions set forth in § 63.”
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