Private interest in public contracts
A county board supervisor risks violations of sec. 946.13, Stats., where he is appointed counsel for indigent defendants and fees exceed $2,000 per annum. 62-62
Alderman and police officer husband could continue to hold offices as long as alderman does not violate sec. 946.13(1), Stats., with respect to police officer's contract. 63-45
1. Corporation counsel employed on part-time basis cannot accept employment as defense counsel for those whose interests are directly adverse to the state or county. 2. Section 256.22(3), Stats., does not prohibit a district attorney from compensating his partner, out of his own funds, for assistance in prosecuting a state case. 3. County Board cannot change status of office of district attorney from one in which he is permitted to practice law privately to one in which he is not, so as to be effective during the term for which such officer was elected. 67-31
Appointment of counsel for indigent involves a public contract. 62-118
County supervisor who is pharmacist is probably not in violation of sec. 946.13, Stats., when he furnishes prescription services to medicaid patients where state is solely liable for payment. 64-108
Land conservation committee responsibilities and prohibition of private interest in public contracts discussed. 76-184
Office of Commissioner on Policy Board of Consortium of counties under federal Comprehensive Employment and Training Act and office of President of District Vocational Technical and Adult Educational School Board which would be applicant and competitor for funds allocated are incompatible; however, counties under present statutes do not have power to form Consortium for purposes of federal acts where Governor has not designated them as participating units of government under sec. 16.54(6), Stats. 63-453
Section 946.13, Stats., prohibiting private interest in public contracts may impose criminal liability upon the University of Wisconsin employes who in their private capacities deal contractually with the State of Wisconsin to provide services and equipment. (Unpub.). 64-1977
Public works
Towns must let "public contracts" pursuant to the competitive bidding procedures of secs. 60.29(1m) and 66.29, Stats. Contracts which are not "public contracts" are not subject to either advertising or competitive bidding procedures. The definition of public contract includes "supplies" and "materials," but does not include "equipment." Police cars need not be purchased by competitive bid under secs. 60.29 and 66.29, Stats., since they are "equipment" and not "supplies [or] material." 66-284
Section 946.13, Stats., which prohibits private interests in public contracts, applies to county board or department purchases aggregating more than $5,000 from a county supervisor-owned business. 76-178
Snow removal
Section 86.105, Stats., does not authorize counties to contract to plow private parking lots. Because of increased availability of private sector alternatives any activity engaged in pursuant to said statute should meet the stringent restrictions set forth in 50 OAG 98 (1961), in an analogous context. 67-304
State contracts
State contracts for the purchase of professional architectural and engineering consulting services must comply with the bidding requirements of sec. 16.75(1), Stats., unless waived by the Governor. 65-251
State highways
Contracts providing for the maintenance of state highways by the counties may be executed by the county highway committees without the approval of the county boards. 65-140
Termination of joint tenancy
A certificate of termination of joint tenancy is not an instrument of conveyance which requires a real estate transfer return under sec. 77.22(1), Stats. (Unpub.). 19-1982
Turnkey" construction method
County housing authority, in providing housing for the low income and elderly, can, by reason of sec. 59.075(4), Stats., utilize "Turnkey" construction method without bids. 66-31
Where the village board administers a community development block grant program, a member of the village board would violate section 946.13(1)(a), Stats., if he or she obtained a loan in excess of $5,000 under the program. Acting in his private capacity as a contractor, the board member would violate section 946.13(1) if he contracted to perform the construction work for a third person who obtained a loan under the program. 76-278
COOPERATIVE EDUCATIONAL SERVICES AGENCIES
CESA and purchase of real estate
School district members of cooperative educational service agencies who unsuccessfully oppose purchase of real estate are obliged to pay their share of the costs of the acquisition of that real estate, and the CESA may sue those districts if they do not fulfill their financial obligation. The board of control may set the appropriate share for the school districts if the money used for acquisition is not state or local aids under section 116.08(1), Stats. 80-296
Contracts, constitutional consideration
1971 Assembly Bill 1577 would violate the Establishment Clause of the First Amendment to the U.S. Constitution and sec. 18 of art. I of the Wisconsin Constitution. Guidelines to possibly avoid constitutional objection to CESA service contracts with private schools discussed. 62-75
Driver education programs in schools
A school district and a cooperative educational service agency may not, without legislative authority, contract with a private driving school and receive state aid for pupil driving instruction services performed by such driving school. 76-26
Real estate
Legislative grant of power to CESA districts to "acquire space" includes power to purchase real estate. 68-139
COPYRIGHT
Compilations of court opinions
Appellate court opinions cannot be protected by copyright and copyright protection applicable to compilations of court opinions is very limited if present at all. 81-45
Computerized records
Computerized compilation of bibliographic records discussed in relation to copyright law; under public records law requester is entitled to copy of computer tape or a printout of information contained on the tape. 75-133
Court decisions
Appellate court opinions cannot be protected by copyright and copyright protection applicable to compilations of court opinions is very limited if present at all. 81-45
Judicial opinions
Appellate court opinions cannot be protected by copyright and copyright protection applicable to compilations of court opinions is very limited if present at all. 81-45
Natural Resources, Department of
The Department of Natural Resources may seek to obtain copyrights for publications entitled "Walleye Waters," "Trout Waters," "Musky Waters" and "Canoe Waters" which were written and compiled by state employes on state time provided the copyrights have not been invalidated due to the omission of the copyright notice. 76-162
Online Computer Library Center (OCLC) compilations
Computerized compilation of bibliographic records discussed in relation to copyright law; under public records law requester is entitled to copy of computer tape or a printout of information contained on the tape. 75-133
CORONER
See also COUNTY MEDICAL EXAMINER
Abolishing elective office
County Board in county under 500,000 can abolish elective office of coroner and implement medical examiner system to be effective at end of incumbent coroner's term. Language in 61 OAG 355 (1972) inconsistent herewith is withdrawn. 63-361
Accidents
Where accident occurs in one county and victim is transported to another county, and death occurs there, coroner where death occurs has duty to immediately report death to coroner of county where crime, injury or event occurred, and coroner of latter county has authority to investigate and duty to hold inquest if he deems it necessary or if directed by district attorney of his county. 62-127
Authority
With one exception, sec. 979.125, Stats., does not operate as a limitation on the authority of the coroner to order the conducting of autopsies under secs. 979.01 and 979.121, Stats. 68-55
Cremation permits
Chapters 69 and 157, Stats., are not alternatives to the requirement in section 979.10 that anyone cremating a corpse first obtain a cremation permit from the coroner. University medical schools or anyone else qualified to receive a corpse can, however, receive a corpse for research without first obtaining the cremation permit. Section 979.10 only requires that the permit be obtained before the corpse is cremated. 77-218
Deputy, appointment of
A county coroner can legally appoint a deputy coroner after the time limit for such appointment set forth in section 59.365(1), Stats. 74-198
Fire department assistant chief
The offices of coroner and deputy coroner are incompatible with that of city police officer; and the office of coroner is incompatible with that of assistant chief of a volunteer fire department. 78-49
Menominee
