Sheriff can't fire food-service workers, state high court rules

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Sheriff can't fire food-service workers, state high court rules

By Ryan J. Foley
The Associated Press

MADISON — A sheriff’s constitutional powers to run a jail do not include the right to hire and fire employees who feed inmates, a divided Wisconsin Supreme Court ruled today.

In a 4-3 decision, the court said a public employees’ union can challenge Brown County Sheriff Dennis Kocken’s decision to lay off its workers and privatize food service at the jail.

Chief Justice Shirley Abrahamson, writing for the majority, said hiring food service workers is not one of sheriffs’ constitutional duties and as a result can be regulated by state law and collective bargaining agreements.

The state Constitution in 1848 established the office of sheriff but did not spell out its duties. But courts have said it gives sheriffs the power to run jails and care for inmates.

In a dissent, Justice Pat Roggensack said the ruling would take power from elected sheriffs and give it to unelected union representatives and arbitrators.

“This impairs the rights of the electorate, as well as those of the sheriff,” she wrote, joined by Justices Jon Wilcox and David Prosser.


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