Traffic ordinance
County under sec. 349.06, Stats., can enact and enforce a traffic ordinance in strict conformity with state statutes which is applicable to town roads. 30 OAG 431 (1941) and 38 OAG 184 (1949) no longer state the law in this respect because of subsequent statutory changes. 64-172
Trial costs
Under sec. 977.08(5)(f), Stats., trial representation costs are incurred whenever services which give rise to a legal obligation to pay compensation are rendered between January 1 and June 30, 1981. 70-74
Union or non-union contractors
A county has no statutory authority to award contracts only to unionized contractors. Federal preemption rules probably foreclose the exercise of such authority in any event. Further, federal preemption rules foreclose denying contracts to employers engaged in labor disputes. 79-86
University Police
The University of Wisconsin has no authority to agree to hold harmless a county that incurs liability because of a university officer's torts, but the common law of indemnification would require such officer to indemnify that county and statutory indemnification would require the state to indemnify the officer when acting in the scope of his/her employment. A county sheriff may deputize university campus police officers and restrict that deputization to particular times, places and crimes. An otherwise valid arrest would not be rendered invalid, however, solely because the officer exceeded the scope of that deputization. 78-1
Venue changes not allowed for cost savings
Section 48.185, Stats., does not authorize a change of venue, upon motion of a party or upon stipulation of the parties, after adjudication but before the first dispositional hearing, in a juvenile delinquency proceeding. 75-100
Veterans' service office
A county veterans' service office does not have the duty under ch. 45, Stats., to transport disabled veterans to a veterans' hospital when such transportation is not readily available unless authorized by his county. The county would be liable to the injured veteran in an automobile accident while being transported by the veterans' service officer if the officer were authorized and performing within the scope of his employment. If he were authorized and an accident occurred, sec. 895.43(3), Stats., limits the recovery to $25,000. 67-207
Visiting Nurse Association
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
Volunteer drivers, liability
"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
Waste management system
Towns, villages and cities in counties establishing a county solid waste management system under sec. 59.07(135), Stats., may be taxed for the capital costs of the county-wide system, but not for the operating costs. 67-77
Wisconsin Conservation Congress; expenses of attendees
Counties lack statutory authority to pay the expenses of private citizens or County Board members who attend meetings of the Wisconsin Conservation Congress; 61 Op. Att'y Gen. 327 (1972) discussed and adhered to. (Unpub.). 29-1984
Zoning
A county which has enacted a county-wide comprehensive zoning ordinance under sec. 59.97, Stats., may not enact any zoning provision authorizing withdrawal of town approval of such ordinance or otherwise specifically excluding or exempting any town from the operation of such ordinance. 67-197
A town with village powers that is subject to a county zoning ordinance is not prohibited by statute from any and all regulation of driveway installation. A town which is subject to a county zoning ordinance that contains no limitation on the issuance of county zoning permits may not set a quota on the number of residential building permits that the town will issue each year. 76-60
An amendment to a county zoning ordinance which adds a new zoning district to that ordinance does not necessarily constitute a comprehensive revision requiring town board approval of the entire county zoning ordinance under the provisions of section 59.97(5)(d), Stats. 81-98
County shoreland zoning of unincorporated areas adopted pursuant to sec. 59.971, Stats., is not superseded by municipal extraterritorial zoning under sec. 62.23(7a), Stats. Sections 59.971, 62.23(7), 62.23(7a) and 144.26, Stats., discussed. Municipal extraterritorial zoning within shorelands is effective insofar as it is consistent with, or more restrictive than, the county shore land zoning regulations. 63-69
The extent to which sec. 91.73(4), Stats., as created by ch. 29, Laws of 1977, and amended by ch. 169, Laws of 1977, alters the procedures applicable for the amendment of county comprehensive zoning ordinances under sec. 59.97(5)(e), Stats., is discussed. 67-290
Section 59.971, Stats., authorizes counties to zone lands located within 300 feet of an artificial ditch that is navigable in fact. 63-57
COUNTY BOARD
See also COUNTIES
Administrative Services Co-ordinator
Creation of such an office, transference of duties from County Clerk and salary of co-ordinator discussed. 67-1
Ambulance service
Power of county to provide limited rescue functions in connection with ambulance service and to make reasonable charges therefor discussed in view of secs. 59.07(41), 146.35 and 146.50, Stats. 65-87
Architectural services, contracts for
Section 59.08(1), Stats., does not apply to architectural services. 76-182
Bills and claims
Under sec. 59.07(3), Stats., the County Board has power to require that all bills and claims be examined by it, or with respect to current accounts, its standing committee before payment, but prior audit by the whole Board or its standing committee is not required by statute in every case. 68-38
Bounties
County Board cannot pay bounty on any fauna not described in sec. 29.61(1), Stats., as amended by ch. 91, sec. 3, Laws of 1975. (Unpub.). 75-1977
Charitable organizations
A county may, through its boards and commissions, purchase services from various nonprofit organizations within the scope of such board or commission's authority. Where County Board has created community relations-social development commission pursuant to sec. 66.433, Stats., it cannot, through such commission, fund community-wide nonprofit corporations it deems worthy, by setting forth in the commission's budget, the amount of money to go to a specific nonprofit agency. Where a county board creates a sec. 66.433 Commission, it cannot by reason of sec. 59.025(3)(c), Stats., transfer all the duties and functions of such Commission to another board or commission or committee of the County Board. 67-297
Chief Deputy Sheriff
The County Board of a county with a population less than 500,000 may abolish the position of undersheriff and transfer all statutory duties and powers of an undersheriff, including those set forth in sec. 59.21(8)(b)1., Stats., to the civil service position of Chief Deputy Sheriff, created under sec. 59.21(8), Stats. The Coroner does not exercise the powers and duties of the Sheriff, under the authority of sec. 59.34(2), Stats., when there is no sheriff, if the functions, duties, responsibilities and privileges of undersheriff have been properly transferred, pursuant to sec. 59.025(3)(b), (c), Stats., to the position of Chief Deputy Sheriff, which is created and filled, pursuant to sec. 59.21(8), Stats. (Unpub.). 25-1982
Circuit judge
Sections 20.923(3m) and 753.071, Stats., constitutionally empower counties to reduce the county supplements to the state-paid salaries of circuit judges between August 1, 1978, and June 30, 1980, provided that there is compliance with the minimum and maximum salary perimeter established in those sections. 68-118
Classified positions
The power to classify positions in a county department of social services resides in the state Department of Health and Social Services and not in a county board or in a committee of such county board. 65-123
Code of ethics ordinance
County Board may provide for a penalty in the nature of a forfeiture for violation of a code of ethics ordinance, but may not bar violators from running for office. Violation is not a neglect of duties required by law under sec. 59.10, Stats., or ipso facto cause for removal from office under sec. 17.09(1), Stats. 66-148
Questions concerning proposed county code of ethics ordinance answered. 1. A county board may provide for a forfeiture but not a fine for violations of an ordinance. 66 OAG 148 (1977). 2. A county board lacks the authority to prohibit county clerk (Election Commission in Milwaukee County) from placing on ballot candidates who have not complied with code of ethics ordinance. 3. A county board lacks the authority to order the withholding of salary of elected officials who fail to comply with a code of ethics ordinance. 4. The County Board lacks authority to prohibit county officers from acting as agent or attorney for an entity other than the county in connection with any transaction involving the county in which such officers participate during the course of their service for a period of 12 months after leaving county service. 5. A board created by the County Board, unless it is a committee of the County Boa
Committees
A county board chairperson and a county board committee are not authorized by section 19.85(1)(c), Stats., to meet in closed session to discuss appointments to county board committees; however, in appropriate circumstances section 19.85(1)(f) would authorize closed sessions. 76-276
Only supervisors can serve on committees, and persons who are not supervisors cannot serve or be compensated for expenses. 65-303
Contingency fund
Under section 65.90(5), Stats., a vote of two-thirds of the entire membership of the county board is needed to transfer funds from the contingency fund to use for a purpose not anticipated in the budget. 76-145
Coroner
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
Corporation counsel
In a county with a population of under 500,000 which does not have a civil service ordinance, the Corporation Counsel is appointed by the County Executive and confirmed by the County Board. The County Executive possesses administrative and managerial authority over the Corporation Counsel; supervisory authority of a legislative or policy-making nature may be exercised by the County Board or one of its committees. The Corporation Counsel serves at the pleasure of the County Board and may only be removed by a majority of the members of that body. 72-161
Costs of juvenile detention
A county board is not statutorily obligated to charge costs incurred as a result of court-ordered placement in a secure juvenile detention facility to the budget of the county social service department rather than to the budget of the sheriff's department. A sheriff is statutorily obligated to comply with an order of the juvenile court commanding the sheriff to transport a juvenile to or from a secure detention facility. Section 302.34, Stats., is not applicable to a county that has both a county jail and a cooperative agreement with another county for the provision of secure juvenile detention facilities. 79-8
