Although a multi-county combined 51.42/51.437 board may make cuts in non-emergency services to the residents of a county that does not provide its proportionate share of funding to that Board, an individual county may not escape its statutory obligation to provide non-emergency services to its residents under sections 51.42(1)(b) and 51.437(4), Stats., by refusing to make such funding available to the combined board. 73-96
Liability, reimbursement and collection for services provided under secs. 51.42 and 51.437, Stats., discussed. 65-49
Section 51.42(5)(h)7. permits multicounty 51.42/51.437 Board to retain private legal counsel only where the Corporation Counsel of each county, or District Attorney of each county not having a Corporation Counsel, notifies the Board that he or she is unable to provide specific services in a timely manner. Litigation, as used in section 59.44(3), applies only to civil court proceedings and does not include grievance proceedings or proceedings before an administrative agency. 73-8
Fire department
Town having fire department must provide protection for county-owned property such as a landfill site, and in case of failure to do so shall be liable for services of any fire department responding to request to fight fire in such town. County in its discretion can reimburse town for reasonable costs of services provided to landfill site within town. 67-6
Foster home
County agencies do not have authority to directly operate. (Unpub.). 39-1976
Funds of residents in county infirmary
Administrator or trustees of county infirmary cannot deposit funds of residents in interest bearing account and use interest to purchase items for common use of residents. (Unpub.). 42-1975
Groundwater pollution
To accomplish public health protection as well as prevention of groundwater pollution, a county health commission, where such activity is undertaken with the consent of the property owner, can authorize its staff to enter private property for the purpose of determining the location of an existing private sewage disposal system. If consent of the property owner to such activity on his premises is not obtained, it can only be undertaken by county health commission staff pursuant to special inspection warrant obtained under sec. 66.122, Stats. 63-337
Housing
A county cannot use county funds and county employes to improve, reconstruct or repair homes of private citizens who do not qualify for aid under ch. 49, Stats., without utilizing a housing authority pursuant to secs. 59.075, 66.40-66.404, Stats. Employes of housing authority are not county employes. 64-106
Section 59.07(1), Stats., is not sufficiently broad to permit county to furnish housing for elderly and low-income persons where specific statutes provide for furnishing of such housing. 63-297
Human services board
Under section 46.23(4)(a)1., Stats., officers, employes and directors of public or private entities that furnish "human services" to a county may not be appointed to the county's human services board. The prohibition contained in section 46.23(4)(a)1. does not extend to the appointment of members of the immediate family that do not provide human services to the board, but other legal and practical considerations may mitigate strongly against such appointments. 80-30
A county human services board may not delegate the duties described in section 51.437(9)(am), (b), (e) and (g), Stats., to the long-term support planning committee created by section 46.27(4). 78-158
Human services department
Counties are financially responsible for providing mental health services to residents conditionally released under section 971.17, Stats. 79-181
"Volunteer Registration Form" utilized by county human services department to register volunteer drivers who transport department clients is ineffective to release county from civil liability in event client is injured or killed in accident. Moreover, an attempt by a county to obtain such a release from liability may violate public policy. 80-23
A county department of social services or county department of human services may not contract with other agencies to obtain section 48.981, Stats., reporting or investigatory services in situations other than the performance of independent investigations required by section 48.981(3)(d). A cooperative contract might be possible under section 66.30(2) in order to effectuate this purpose but the services must be furnished by the county department as defined in section 48.02(2g) and not by any other public or private agency. 76-286
Institutions board members; appointment of
Persons appointed by County Executive and confirmed by County Board to County Veterans Service Commission, single county 51.42 Board or County Institutions Board serve for statutory term as stated in years and until their successors are appointed, confirmed and qualified. Persons appointed to vacancies in such positions also serve until their successors are appointed, confirmed and qualified. Difference between personal term of officer and statutory term which pertains to office discussed. 73-99
Insurance
Liability of self-insured county performing state highway maintenance is not increased by virtue of maintenance contract with State. 69-137
Investment of county funds
The County Treasurer does not have power to manage and administer the investment of county funds, such powers by reason of sec. 59.75(1), Stats., being for the County Board or of a committee thereof, and since they involve the exercise of discretion on a continuing basis, cannot be delegated to the Treasurer. The County Board may authorize the Treasurer to deposit certain funds in inactive deposits at interest in county depositories under strict standards established by the Board. 68-133
Jail
A county cannot meet the requirements of sec. 59.68(1), Stats., by constructing a jail outside the county seat and maintaining a facility at the county seat to be used only for securing defendants on the day of trial. A facility housing county jail functions other than rehabilitation may not be located outside the county seat. (Unpub.). 32-1975
Joint county/tribal telecommunications system
A county has statutory authority to enter into a joint law enforcement agreement with an Indian tribe which locates a joint telecommunications terminal in a tribal building, so long as the terminal is properly secured, supervised and under the control of a county law enforcement agency. 80-91
Juneau county
Counties are financially responsible for providing mental health services to residents conditionally released under section 971.17, Stats. 79-181
Land
Although a county may not acquire land specifically for the purpose of leasing that land to a private entity licensed to operate a racetrack under section 562.05(1)(a), Stats., it may lease land initially acquired for a valid public purpose to such a private entity, unless the circumstances of the lease demonstrate that the land has become surplus land. 80-80
Lands sold for taxes
An ordinance enacted by a city council to purchase lands sold for taxes under sec. 74.43(3), Stats., only becomes operative where the County Board has not acted to purchase such lands under sec. 74.44(1), Stats. Advertising and bidding requirements of sec. 75.69(1), Stats., are not applicable to a sale to a city under sec. 75.69(2), Stats., but are applicable to a subsequent sale by a city, unless the transfer still falls within the exemptions in sec. 75.69(2), Stats. 67-150
Section 75.36, Stats., provides that a county need not assume and pay all unpaid or delinquent municipal taxes, assessments and charges due on a parcel of property at the time the county acquires such property by tax deed. The statute also provides that the county is not required to assume and pay any such taxes which remain unrecovered upon the sale of such property because the sum realized was insufficient to pay all such outstanding municipal tax obligations. (Unpub..). 31-1987
Subsections (5), (6) and (7) of section 75.35, Stats., created by 1987 Wisconsin Act 27 first apply to sales of property the county acquired at a section 74.39 tax sale on or after the effective date of section 3203(47)(c) of 1987 Wisconsin Act 27. 77-133
Law enforcement contracts with municipalities
Under section 66.30, Stats., and subject to some limitation, a county may furnish certain supplemental law enforcement services to villages and towns within the county. The County Sheriffs consent to provide such supplemental services and the Sheriff's approval of such a contract is required. 75-119
Library funds
County Board cannot authorize single-county federated library system board to maintain special bank account into which are deposited system revenues and from which are paid system expenses. (Unpub.). 81-1977
Library tax
A municipality, otherwise qualified, is entitled to an exemption under sec. 43.64(2), Stats., where the county has not acted to levy a tax specifically designated as a county library tax but does finance "money expended for public library services to its inhabitants" by a general tax levy. 72-190
To qualify for exemption from county library tax under sec. 43.64(2), Stats., municipality or school district must have expended for its own "library fund" during the year in which the county tax levy is made a sum at least equal to the sum it would have to pay for the county tax levy made during that year to fund the county budget for the ensuing year. 72-49
Lime pit
Pursuant to secs. 59.07(1)(a) and 59.873, Stats., a county can own and operate a lime pit in another county, within reasonable distance, if such operation is necessary to obtain sufficient supply to furnish lime at cost to farmers within the county operating such pit. However, absent a co operation agreement pursuant to sec. 66.30, Stats., lime cannot be sold or distributed to farmers in such other county. 66-72
Marijuana ordinance
Counties may not enact ordinances in conformity with state statutes prohibiting the possession and sale of marijuana. 77-205
Medicaid
A county may not, in a manner consistent with federal and state statutes and regulations prohibiting supplementation, contractually obligate itself to pay a visiting nurse association funds in addition to those received by such a home health care provider through the Medicaid program. Except in extraordinary circumstances, the attorney general will not issue opinions concerning the applicability of federal statutes and regulations administered exclusively by federal authorities. 77-287
Medical aid
Counties are liable to reimburse emergency medical relief claims upon satisfaction of the prerequisites in sec. 49.02(5), Stats., and medical facilities are not foreclosed from submitting such claims nor are counties empowered to deny such claims because of assurances made by the facility in exchange for benefits received under the Hill-Burton Act. 70-24
Medical examination
The State, its political subdivisions, and counties are not employers under sec. 103.37, Stats., and, therefore, are not subject to this statute which prohibits employers from requiring any employe or applicant for employment to pay the cost of a medical examination required by the employer as a condition of employment. 69-103
Mental health services
Counties are financially responsible for providing mental health services to residents conditionally released under section 971.17, Stats. 79-181
Menominee Tribe
A county has statutory authority to enter into a joint law enforcement agreement with an Indian tribe which locates a joint telecommunications terminal in a tribal building, so long as the terminal is properly secured, supervised and under the control of a county law enforcement agency. 80-91
Property held in trust by the federal government for the Menominee Tribe and tribal members pursuant to the Menominee Restoration Act (25 U.S.C. sec. 903, et seq.) is not subject to state taxation. Tribal members residing and working in Menominee County and the Menominee Tribe are not subject to state income tax. Government services to be provided by Menominee County and the Town of Menominee discussed. 66-290
