Docketing duties
The clerk of circuit court has discretion to refuse to docket a large claim money judgment until his statutory fee has been paid for that service; but such discretion is not unlimited. The clerk incurs no liability under section 806.10(3), Stats., where the time of entry recorded in the Docketing duties judgment docket is the time when the clerk has both the judgment and the statutory fee in his custody, provided the clerk has not abused his discretion. 79-54
Discharge of a classified employe
Provisions of a county civil service ordinance enacted under sec. 59.07(20), Stats., or collective bargaining agreement entered into pursuant to sec. 111.70, Stats., establishing a procedure to be followed prior to discharge of a classified employe, supersede and modify provisions of sec. 59.38(1), Stats., which authorize a clerk of court to discharge a deputy clerk of court at pleasure. 63-147
Fees
Neither the clerk of court nor the county board has the authority to adopt a non-refundable processing fee for persons desiring to pay a fine or forfeiture imposed by the court through installment payments in the absence of a statute specifically providing for such processing fee. 80-223
The clerk of circuit court has discretion to refuse to docket a large claim money judgment until his statutory fee has been paid for that service; but such discretion is not unlimited. The clerk incurs no liability under section 806.10(3), Stats., where the time of entry recorded in the judgment docket is the time when the clerk has both the judgment and the statutory fee in his custody, provided the clerk has not abused his discretion. 79-54
If a domestic abuse petition is filed under section 813.12(2), Stats., in conjunction with an action affecting the family commenced under chapter 767, no separate filing fee is applicable because a filing fee already would have been collected by the clerk under section 814.61(1) when one of the family actions enumerated under section 767.02(1) was commenced. In the absence of a pending family action, a domestic abuse action under section 813.12 is commenced with service of the petition upon the respondent if a copy of the petition is filed before service or promptly after service, and the clerk of court is authorized to collect a fee under section 814.61(1) when a domestic abuse action is commenced in this manner. Under section 813.127, however, there is only one fee applicable where a petitioner combines in one action two or more petitions for domestic abuse, child abuse or harassment if the respondent is
The only fee authorized to be paid any clerk of courts under section 102.26(1), Stats., in worker's compensation matters is a $3 fee imposed under section 814.61(5) when applicable. 75-148
Filing fees for support or maintenance petition
Discussion of circumstances under which additional filing fees for support or maintenance petition under section 814.61(13), Stats., are to be paid. 75-1
Public records
After a transcript of court proceedings is filed with the clerk of court, any person may, pursuant to secs. 19.21(2) and 59.14(1), Stats., examine or copy such transcript. 68-313
CLINICAL PRACTICE PLAN, UNIVERSITY OF WISCONSIN SCHOOL OF MEDICINE
Open meetings
The Clinical Practice Plan Committee, Departmental Practice Plan Committees and University of Wisconsin Clinical Practice Association, which are components of the University of Wisconsin School of Medicine Clinical Practice Plan, are "governmental bodies" as defined in sec. 19.82(1), Stats., and subject to the Open Meetings Law. 70-140
CLINICS
See PRIVATE CLINICS
COLLECTION AGENCIES
Commerce clause
Section 218.04, Stats., requirement that a foreign collection agency maintain a Wisconsin office with records may not violate the commerce clause. U.S. Const. art. I, sec. 8. 69-113
Counties
County is a necessary party to an action on a claim where it has received an assignment under sec. 49.65, Stats. The county may take steps necessary to enforce its claim. Compromise and attorney fees discussed. 65-119
Nonresident collection agencies
Section 218.04, Stats., requires licensure of nonresident collection agencies and solicitors that conduct business with Wisconsin residents solely by mail or telephone. Applying the licensing requirements to such agencies and solicitors would not impermissibly burden interstate commerce. 80-283
Wisconsin collection agency law
Section 218.04, Stats., requires licensure of nonresident collection agencies and solicitors that conduct business with Wisconsin residents solely by mail or telephone. Applying the licensing requirements to such agencies and solicitors would not impermissibly burden interstate commerce. 80-283
COLLECTION OF ACCOUNTS
Department of Industry, Labor and Human Relations
District attorneys may exercise discretion in collecting wages referred by the Department of Industry, Labor and Human Relations, but such discretion must be exercised reasonably. Specific questions concerning collection of wages are discussed including methods of collection, settlements, payment of costs and fees, and enforcement of the statutory lien. 78-171
The Department of Industry, Labor and Human Relations lost discretionary authority to make expenditures from the unemployment compensation "interest and penalties" fund when the Legislature reenacted sec. 20.445(1)(v), Stats., in 1977, but the Department remains responsible for collection of credit extended under the old law. A decision by the Department to discontinue collection efforts is subject to review by the Department of Administration, since it has been entrusted with authority under ch. 16, Stats., to superintend collection of amounts owed the state. (Unpub.). 49-1978
District Attorney
District attorneys may exercise discretion in collecting wages referred by the Department of Industry, Labor and Human Relations, but such discretion must be exercised reasonably. Specific questions concerning collection of wages are discussed including methods of collection, settlements, payment of costs and fees, and enforcement of the statutory lien. 78-171
Past consideration"
"Past consideration," as that term is used in sec. 943.24(3), Stats., is present in a situation in which one party belatedly delivers to another a check in consideration for goods transferred at an earlier date from the payee to the drawer, although said check is later determined to have been worthless at the time of issuance. "Past consideration" as that term is used in sec. 943.24(3), Stats., is also present in a situation in which an employe pays back his employer by way of a worthless check for money discovered missing from a restaurant cash register for which the employe was responsible. 66-168
COLLECTIVE BARGAINING
Attorney General
Attorney General declines to render an opinion on what is subject to collective bargaining in view of a preferred legislative intent that such questions be resolved through the declaratory judgment procedure before the Wisconsin Employment Relations Commission subject to judicial review. 63-590
Closed session
Where Water and Light Commission has power to fix compensation of employes, it may meet in closed session to discuss and vote upon increases for non-union employes. A record must be made of motions and roll-call votes at open and closed meetings. Such record is open to inspection and copying subject to sec. 19.21, Stats., and common-law limitations with respect thereto. 67-117
Discrimination
County collective bargaining agreement providing for payment of employe contribution to Wisconsin Retirement System only for those deputy sheriffs under age fifty-five violates the federal Age Discrimination in Employment Act. 72-91
Grievance procedures
Where Common Council hears a grievance under a procedure established under a signed contract, the Council is engaged in collective bargaining within the meaning of sec. 111.70(1)(d), Stats., and is therefore, for that purpose, not a "governmental body" within the meaning of sec. 19.82(1), Stats., of the Open Meeting Law. 67-276
Hiring above the minimum"
"Raised hiring rate" and "hiring above the minimum" practices utilized by administrator of Division of Personnel pursuant to Wis. Adm. Code section Pers 5.02(1) and (2) are primarily matters of compensation and wage rates related to salary-schedule adjustments and are subject to collective bargaining in some degree under sec. 111.91(1), Stats. (Unpub.). 65-1978
Joint Committee on Employment Relations
Matters within the scope of bargaining as set forth in sec. 111.91, Stats., agreed to by the Department of Administration and a state employe union are not effective until submitted as tentative agreements to and approved by the Joint Committee on Employment Relations. Action of the Secretary of the Department of Administration in agreeing to so-called non-recrimination clause was within his discretion but the clause itself is unenforceable until approved by the Joint Committee on Employment Relations. 67-38
Open meeting
University subunit may discuss promotions not relating to tenure, merit increases and property purchase recommendations in closed session. 66-60
Pensions
The Legislature would not commit an unfair labor practice if it unilaterally increased state employe pension benefits and costs. Such increases would not apply to employes in collective bargaining units, however, unless the Legislature so provided expressly or by necessary implication. The Group Insurance Board, however, being a part of the executive branch of government, would commit an unfair labor practice if it unilaterally increased benefits and costs to state employes in collective bargaining units. The removal of state employes from the State Retirement System, the cessation of all contributions thereto, and the removal of a bargaining unit from the provisions of ch. 40 are subjects of collective bargaining under the State Employment Labor Relations Act. 64-18
Raised hiring rate"
"Raised hiring rate" and "hiring above the minimum" practices utilized by administrator of Division of Personnel pursuant to Wis. Adm. Code section Pers 5.02(1) and (2) are primarily matters of compensation and wage rates related to salary-schedule adjustments and are subject to collective bargaining in some degree under sec. 111.91(1), Stats. (Unpub.). 65-1978
Retirement fund
The Department of Employe Trust Funds is not authorized to administer supplemental retirement funds established by collective bargaining under sec. 111.70, Stats. (Unpub.). 59-1979
COLLEGES
See UNIVERSITY
COMMUNITY DEVELOPMENTAL DISABILITIES SERVICE BOARD
