978.12 Salaries and benefits of district attorney and state employees in office of district attorney.

916 words·~4 min read·/wi/chapter-978/978-12

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(1)Salaries.

(a)District attorneys.

1. The annual salary of each district attorney shall be reviewed and established in the same manner as provided for positions in the classified service under s. 230.12

(3), except that no district attorney may receive a salary that is greater than the salary established for the office of attorney general under s. 20.923

(2). Except as provided in subd. 2. , the salary of each district attorney shall be established at the rate that is in effect for his or her office on the 2nd Tuesday of July preceding the commencement of his or her term of office. The compensation plan shall include separate salary rates for district attorneys in the following categories based on the population of the prosecutorial units in which they serve, as determined under s. 16.96 on October 10 of the year prior to commencement of their terms of office:

a. Prosecutorial units having a population of more than 750,000.

b. Prosecutorial units having a population of more than 250,000 but not more than 750,000.

c. Prosecutorial units having a population of more than 100,000 but not more than 250,000.

d. Prosecutorial units having a population of more than 75,000 but not more than 100,000.

e. Prosecutorial units having a population of more than 50,000 but not more than 75,000.

f. Prosecutorial units having a population of more than 35,000 but not more than 50,000.

g. Prosecutorial units having a population of more than 20,000 but not more than 35,000.

h. Prosecutorial units having a population of not more than 20,000.

2. If an individual is appointed to fill a vacancy in the office of district attorney, the appointee shall be compensated for the residue of the unexpired term at the same rate that applied to the individual who vacates the office filled by the appointee on the date the vacancy occurs.

(b)Deputy district attorneys. Deputy district attorneys shall be employed outside the classified service. The state shall establish and adjust the salaries of deputy district attorneys in accordance with s. 230.12

(10)and the state compensation plan.

(c)Assistant district attorneys. Assistant district attorneys shall be employed outside the classified service. For purposes of salary administration, the administrator of the division of personnel management in the department of administration shall establish one or more classifications for assistant district attorneys in accordance with the classification or classifications allocated to assistant attorneys general. Except as provided in ss. 111.93

(b)and 230.12

(10), the salaries of assistant district attorneys shall be established and adjusted in accordance with the state compensation plan for assistant attorneys general whose positions are allocated to the classification or classifications established by the administrator of the division of personnel management in the department of administration.

(2)State seniority. A county employee who is transferred to state employment under 1989 Wisconsin Act 31 shall have his or her seniority with the state computed by treating the employee’s total service with any county in the position of district attorney, deputy district attorney or assistant district attorney as state service.

(3)Sick leave. A county employee who is transferred to state employment under 1989 Wisconsin Act 31 shall have his or her sick leave accrued with the state computed by treating the employee’s unused balance of sick leave accrued with the county by which the employee was most recently employed in the position or positions of district attorney, deputy district attorney or assistant district attorney as sick leave accrued in state service, but not to exceed the amount of sick leave the employee would have accrued in state service for the same period, if the employee is able to provide adequate documentation in accounting for sick leave used during the accrual period with the county. If there is a formal plan of sick leave in county service but no adequate documentation in accounting, the employee shall have his or her sick leave accrued with the state computed on the basis of the employee’s total service times one-half the rate for accrual of sick leave in state service. Sick leave which transfers under this subsection is not subject to a right of conversion, under s. 40.05

(4)or otherwise, upon death or termination of creditable service for payment of health insurance benefits on behalf of the employee or the employee’s dependents.

(4)Annual leave. Annual leave for the district attorney is governed by s. 230.35

(1r). Annual leave for other state employees of the office of district attorney shall be accrued at the rate provided in s. 230.35 using the employee’s state service computed under sub.

(2). Annual leave shall be earned on a calendar year basis prorated from the effective date of the employee’s transfer for the balance of the calendar year.

(5)Retirement.

(a)Definition. In this subsection, “required employer contribution rate” means the total amount paid to the Wisconsin retirement fund for similar participants, including actuarially determined current costs, any prior service amortization costs and any amount of employee contributions presently paid by the employer. These required employer contribution rates are subject to annual redetermination by the actuaries of the respective retirement systems; however, the contribution rates for elected public officials and other employees shall be determined separately when the calculations are actuarially available from the Wisconsin retirement system and adopted by the employee trust funds board and other respective retirement systems.