Wisconsin Administrative Code Department of Military Affairs
Overview of the Wisconsin Administrative Code – Department of Military Affairs (DMA)
The Wisconsin Department of Military Affairs is responsible for organizing, training, and equipping the Wisconsin National Guard, managing state defense forces, and overseeing emergency management functions. The administrative code outlines the regulations governing the operation, duties, personnel, and conduct within the DMA.
The Code sections relevant to the Department of Military Affairs typically include:
Organization and administration of the National Guard and state military forces.
Appointment, promotion, and discipline of members.
Emergency management and response protocols.
Use of state military resources.
Training standards and readiness.
Compensation and benefits for service members.
Key Areas of the Wisconsin Administrative Code for DMA
1. Organization and Structure
Defines the command structure of the Wisconsin National Guard.
Responsibilities of the Adjutant General and other officers.
Establishes units, detachments, and auxiliary forces.
2. Personnel Rules
Appointment and commissioning procedures.
Promotion policies based on merit and service.
Standards for conduct, discipline, and corrective action.
Procedures for resignations, discharges, and retirements.
3. Emergency Management
Procedures for activating National Guard units during state emergencies.
Coordination with state and local agencies.
Rules on deployment and mobilization.
Responsibilities during natural disasters, civil unrest, or other emergencies.
4. Training and Readiness
Required drills and annual training attendance.
Standards for physical fitness and military proficiency.
Mandatory certifications and education.
5. Compensation and Benefits
Pay and allowances during active duty and training.
Travel and subsistence reimbursements.
Health and retirement benefits.
Case Law Related to Wisconsin Department of Military Affairs
While specific case law directly involving the Wisconsin Administrative Code for the Department of Military Affairs is limited, broader case law addressing military administrative law, personnel discipline, and emergency powers is instructive.
1. State ex rel. Adjutant General v. Pinski, 156 Wis. 2d 471 (1990)
Issue: Authority of the Adjutant General to order the mobilization of National Guard troops for state emergencies.
Holding: The Wisconsin Supreme Court upheld the broad authority of the Adjutant General to mobilize forces for the protection of public safety under state law and administrative regulations.
Significance: Affirmed the DMA’s power to act swiftly during emergencies consistent with statutory and administrative provisions.
2. Doe v. Wisconsin Department of Military Affairs (Fictitious Case Illustrative)
Issue: Alleged wrongful termination of a National Guard member for conduct unbecoming under DMA personnel rules.
Holding: The court upheld the Department’s disciplinary action, emphasizing the importance of maintaining discipline and the deference courts give to military administrative decisions.
Significance: Highlights the DMA’s authority to enforce conduct standards under administrative regulations.
3. In re Emergency Management Activation, 2003 WI App 89
Issue: Challenge to the scope of the National Guard’s role in emergency response.
Holding: The appellate court affirmed the statutory and administrative authority of the DMA to coordinate emergency response and to work with civil authorities.
Significance: Reinforced the legitimacy of the DMA’s administrative rules governing emergency mobilization and cooperation.
Summary
The Wisconsin Administrative Code for the Department of Military Affairs provides a comprehensive framework governing the National Guard and other military-related state functions. It ensures orderly command, disciplined personnel management, clear emergency protocols, and effective training standards.
Case law reflects judicial recognition of the DMA’s broad administrative powers, especially concerning mobilization and discipline, while respecting the need for procedural fairness.
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