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
Counsel
Neither the soil and water district board nor the County Board has the power to retain private counsel except as provided by sec. 59.44(3), Stats. The district is primarily liable for legal fees incurred to date. 70-234
Counsel for indigent
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
Appointment of counsel for indigent involves a public contract. 62-118
County Clerk
Section 59.72, Stats., as amended by ch. 265, Laws of 1977, does not authorize the County Board to transfer powers to keep books and accounts from the County Clerk to the County Auditor where express statute provides that the Clerk perform such duties or where they have been performed on an immemorial basis, but does provide that the power of supervision as to the manner in which books and accounts are kept by the County Clerk or other officer shall lie with the County Auditor. 67-248
County Executive
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
County Executive, creation of office
A county board may adopt an ordinance creating the office of county executive and make the ordinance contingent upon approval in a countywide referendum. The office of county executive is created at the time the results of the referendum become final. The first election for the office occurs at least 120 days after the creation of the office becomes effective. The county executive takes office on the third Tuesday in April of the year of the election. 78-227
County Executive, veto powers
A county board does not have power to amend a resolution, ordinance or part thereof, vetoed by the County Executive, but can pass a separate substitute for submission to the Executive. A county board has a duty to promptly reconsider vetoed resolutions, ordinances or parts thereof. 74-73
County Highway Committee
Section 83.015, Stats., does not preclude county boards auditing County Highway Committee vouchers prior to payment thereof from county funds. However, the board's audit authority is limited to determining whether the expenditure is within the scope of the Committee's statutory or delegated authority. 63-136
Delegation of authority discussed
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
County Board's power to delegate authority concerning property transactions to its committees discussed. 74-227
Director for planning and zoning
Committee of the County Board acting as county planning and zoning agency pursuant to secs. 59.025(3)(c), 59.06 and 59.97(2)(a), Stats., rather than County Executive, has power to appoint director for planning and zoning. (Unpub.). 14-1983
Discrimination
A county may enact an ordinance requiring its contractors to agree to a policy of non-discrimination in employment, even though such an ordinance provides broader protection than that afforded by state and federal equal employment opportunity laws, as long as such ordinance does not conflict with such laws. 70-64
Cities, counties, and other local governmental entities, not being a part of the executive or legislative branches of state government are neither "contracting agencies" of the State within the meaning of sec. 16.765(1), Stats., which requires a nondiscrimination clause in contracts, nor are such entities "subdivisions" of the State within the meaning of sec. 16.755(1), Stats., which empowers the Council on Small and Minority Business to review the extent of small business participation in purchasing by the State and its subdivisions. 68-306
District Attorney
Board cannot diminish or enlarge duties of District Attorney except where certain duties are transferred to the County Corporation Counsel. (Unpub.). 76-1977
Elected officials; salaries
Discretionary authority to grant increases to elected county officials based upon the performance or length of service of the incumbent may not be delegated to a committee of the county board because the board itself lacks the authority to establish such a compensation scheme. The compensation of elected county officials who do not participate in establishing their own salaries may be increased but not decreased during their terms of office. 80-258
Elections
A county which is self-organized pursuant to sec. 59.03, Stats., is empowered by sec. 59.03(1)(d), Stats., to adopt an ordinance providing a procedure for filling a vacancy in the office of county supervisor allowing for an interim appointment subject to the holding of a subsequent special election in which a person other than the appointee may be selected for the balance of the original term. 65-16
Equipment purchases approval
County Board's power to delegate authority concerning property transactions to its committees discussed. 74-227
Ethics ordinance
Board may provide penalty for violators of such ordinance but may not bar them from running for office. 66-148
Family Court Commissioner
Either the County Board as employer or the judges of the County as appointing authority has the authority under sec. 41.11(1), Stats., to extend the employment of a family court commissioner beyond normal retirement date. 67-120
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
.42/51.437 Board
A county board has the power to reduce membership on a sec. 51.42 Board from fifteen to nine, but must do so by abolishing the offices of specific members as their current terms expire. 65-40
Although a county board of supervisors can require that a certain number of persons be supervisors at the time of their appointment to a 51.42, 51.437 or 115.86 Board, members are entitled to serve the term for which they were appointed, unless removed without reference to the termination of their office as County Board supervisors. (Unpub.). 12-1983
