Madison Redevelopment Authority
The Madison Redevelopment Authority proceeding under sec. 66.431, Stats., to eliminate blight or slums, may include in its plan the ultimate sale of acquired property to the Vocational, Technical and Adult Education District for a campus. (Unpub.). 95-1976
Public funds
The question of whether benefits and assistance provided by ch. 409, Laws of 1969, as amended by ch. 103, Laws of 1971, must be afforded an owner of property or his tenant where there is no threat of condemnation, but the property owner, aware that a public agency wants the property, voluntarily sells the property to the public agency requires an exercise of discretion based upon the facts of each transaction, however, the property owner or his tenant to qualify must be displaced by the project and the expenditure of public funds must be for a public purpose. 62-168
Redevelopment Authority
Assuming a Redevelopment Authority properly proceeds under sec. 66.431, Stats., to satisfy all statutory and other legal requirements necessary to establish a project area and implement a redevelopment plan therefore, it may proceed to condemn any property within the project area even though some portions of the urban renewal area are not in fact blighted. 65-116
Wisconsin Relocation Assistance Act
Condemnors may not offer displaced persons a loan or alternative assistance in lieu of payments authorized in sec. 32.19, Stats. Also, Condemnors do not have the authority to obtain written waivers of relocation assistance benefits as a condition for participation in a particular acquisition program. 70-94
CONDOMINIUM
Condominium Ownership Act (1977) and Chap. 236, Stats. (1983-84) discussed
The legal description of condominium units must conform to the requirements of chapter 703, Stats., the Condominium Law. The requirements of chapter 236, dealing with platting and subdividing, may not be used to legally describe condominium units. 75-94
Unit Ownership Act (1963) and Chap. 236, Stats. (1975) discussed
Unless a condominium under ch. 703, Stats., actually involves a division of land, or successive divisions of land, it is not subject to the land platting and subdivision approval requirements of ch. 236, Stats. The extent to which local governments may vary the terms of secs. 236.16(1) and (2) and 236.20(4)(d), Stats., by ordinance discussed. 64-175
CONFIDENTIAL REPORTS
See also PUBLIC RECORDS
Alcohol and drug abuse
Except for those services for which parental consent is necessary under section 51.47(2), Stats., a physician or health care facility may release outpatient or detoxification services information only with the consent of the minor patient provided that the minor is twelve years of age or over. Wis. Admin. Code § HSS 92.06(2) (1986) and 42 C.F.R. § 2.14(b) (1987). 77-187
Ambulance calls
Under present law, ambulance records relating to medical history, condition or treatment are confidential while other ambulance call records are subject to disclosure under the public records law. 78-71
Child abuse
Members of a social services board in a county with a county executive or a county administrator may be granted access to child abuse and neglect files pursuant to section 48.981(7)(a)2. of the statutes if such access is necessary to allow them to perform their statutory duties. 79-212
A county department of social services has no discretion to refuse to disclose reports and records of child abuse or neglect to the subject of the report or the subject's attorney under section 48.981(7)(a)1. and (c), Stats. 77-84
A district attorney or corporation counsel may reveal the contents of a report made under section 48.981 in the course of a criminal prosecution or one of the civil proceedings enumerated under section 48.981(7)(a)10. 81-66
The duty to report suspected cases of child abuse or neglect under sec. 48.981(3)(a), Stats., prevails over any inconsistent terms in sec. 51.30, Stats. 68-342
A medical or mental health professional may report suspected child abuse under the permissive provisions of section 48.981(3), Stats., when the abuser, rather than the victim, is seen in the course of professional duties. Section 51.30 does not act as a bar to such reports made in good faith. 76-39
Child support records
The Department of Health and Social Services should be granted access to otherwise confidential records because that access is necessary to complete a legislatively mandated study. (Unpub.). 23-1984
County department of social services
A county department of social services has no discretion to refuse to disclose reports and records of child abuse or neglect to the subject of the report or the subject's attorney under section 48.981(7)(a)1. and (c), Stats. 77-84
District attorney files
A district attorney or corporation counsel may reveal the contents of a report made under section 48.981 in the course of a criminal prosecution or one of the civil proceedings enumerated under section 48.981(7)(a)10. 81-66
Fraud investigation
Information contained in a county paternity case file may be released for purposes of fraud investigation of the public assistance programs specified in section 49.53, Stats. 80-226
Identification records
Identification records should be made by local law enforcement agencies of juveniles arrested or taken into custody pursuant to sec. 165.83(2), Stats., for confidential reporting to the Department of Justice. 62-45
Investment Board nominees
Section 19.43(3), Stats., requires that the Ethics Board forward copies of Investment Board nominees' statement of economic interests to members of the Senate committee to which the nomination is referred. The extent of confidentiality of such statements rests in the sound discretion of the Senate committee. 68-378
Juveniles
A school cannot use confidential information obtained from law enforcement authorities to require students, under threat of expulsion, to participate in group or individual counseling, nor can the school use such information to suspend or expel students. The school can use such confidential information to refer a student to county social welfare agencies or nongovernmental self-help groups, but only if the student consents to such referral. 76-134
Except for those services for which parental consent is necessary under section 51.47(2), Stats., a physician or health care facility may release outpatient or detoxification services information only with the consent of the minor patient provided that the minor is twelve years of age or over. Wis. Admin. Code § HSS 92.06(2) (1986) and 42 C.F.R. § 2.14(b) (1987). 77-187
Identification records should be made by local law enforcement agencies of juveniles arrested or taken into custody pursuant to sec. 165.83(2), Stats., for confidential reporting to the Department of Justice. 62-45
Juvenile officers are not required to provide information in their possession concerning a juvenile to officials of the school attended by the juvenile when requested to do so. The school does not violate the confidential exchange provisions of sec. 48.396(1), Stats., by using the information obtained from a police officer to take disciplinary action against a student as long as the school does not reveal the reason for the disciplinary action to parties not authorized to receive such information. To the extent that 56 Op. Atty Gen. 211 (1967) is in conflict with this opinion, it is modified. 69-179
also 70-67, 70-143
Motor vehicle dealers
Financial statements required by law to be filed with Department of Transportation in connection with applications for motor vehicle dealers and motor vehicle salvage dealers' licenses are public records and are subject to inspection and copying under sec. 19.21(2), Stats., subject to limitations contained in court cases cited. 66-302
Paternity case file
Information contained in a county paternity case file may be released for purposes of fraud investigation of the public assistance programs specified in section 49.53, Stats. 80-226
Public records
Information on sex, ethnic background and handicapped status obtained through state employment applications for affirmative action purposes is exempt from disclosure under the Public Records Law, but birth date information is not. 73-26
Settlement agreements
Relationship between the Public Records Law and pledges of confidentiality in settlement agreements discussed. 74-14
Snowmobiles
Snowmobile accident reports filed with the Department of Natural Resources pursuant to section 350.15(3), Stats., are not confidential documents. 76-56
Veterans
Under current law the authority of the Department of Veterans Affairs to release veterans loan status information to lenders and credit reporting agencies is very limited. 77-49
CONFLICT OF INTEREST
See also COMPATIBILITY; CONTRACTS; PUBLIC OFFICIALS
Banking Review Board
Banking Review Board members are not authorized to act in cases involving banks in which they or their spouses own stock. 75-197
Bids and bidders
A county board supervisor who is an employe of a law firm which has been hired by a third party to represent it in negotiations with the county board does not violate either section 946.13(1)(a) or (b), Stats., if a supervisor has absolutely nothing to do with the contract either as an attorney or as a supervisor. 75-172
Drug treatment facility
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