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
The County Board of Supervisors may require its approval of contracts for purchase of services by the Community Services Board if so specified in its Coordinated Plan and Budget. Otherwise it may not. 69-128
Members of a county board appointed to a unified board, created pursuant to sec. 51.42(4)(b), Stats., serve for the full term for which appointed, without reference to the termination of their office as County Board members. 63-203
Where a county board has established a civil service ordinance applicable to all county personnel other than the exceptions provided in sec. 59.07(20), Stats., the Director of the 51.42 Board does not have authority to grant vacation with pay to a 51.42 Board employe which is not authorized under the county civil service ordinance. 67-143
Fire alarm system
A county has power under sec. 59.07(64), Stats., to enact an ordinance, applicable countywide, prohibiting the giving of false alarms on security or fire alarm systems connected to the Sheriff's department. Provisions amounting to a building code would not be applicable in cities, villages or towns having ordinances or codes covering the same subject. Authority of the Sheriff to act as licensing authority or to collect license fees discussed. 72-153
Forest lands
County Boards cannot sell or exchange county forest lands without first withdrawing them from the county forest program under sec. 28.11(11), Stats. The term "exchange" does not include a sale for valuable consideration. 66-108
Where large sums had accumulated from sale of leases of county forest land and were credited to the Forestry and Parks Department, county board resolution which would authorize transfer of funds for specific use of construction of a waterslide on county forest park lands failed passage where it did not receive two-thirds vote of the entire membership. Sec. 65.90(5), Stats. 75-56
Forfeitures
Before payment of a settlement is made in resolution of an action against the county, the County Board as a whole must approve it; if an action against the county results in assessment for a forfeiture, the Board may not refuse to pay it but the authorization for payment may be direct or, depending upon the amount, through the delegation permitted under sec. 59.07(3), Stats. 70-15
Handicapped Children's Education Board
In counties with a county executive, the county Handicapped Children's Education Board exercises advisory and policy-making functions associated with the special education programs and services authorized by the county board under section 115.83, Stats., and the county executive supervises the administrative functions. While the county Handicapped Children's Education Board and the county executive share budgetary responsibilities, the county executive makes the annual budget recommendation to the county board. County personnel and procurement ordinances, and other similar ordinances which regulate administration of county government generally, apply to the operation of such county special education programs and services to the extent such ordinances are otherwise authorized and do not conflict with the state laws regulating such special education programs and services. 77-196
Health
Since matters affecting health and welfare are of statewide concern, sec. 59.025(2)(3), Stats., created by ch. 118, Laws of 1973, does not authorize county boards to abolish county departments, boards or committees pertaining to health and welfare, and required by existing state statutes nor does it authorize the transfer of their functions and duties or consolidation of them into a single "Community Human Services Board." 63-580
Health care facility
County Board acting pursuant to secs. 59.025(3)(b) and (c), and 59.15(2)(a), Stats., can authorize the county administrator to appoint personnel at county health care facility. 63-256
Health Department
Section 140.09(5), (6), Stats., authorizes the County Board of Supervisors to determine compensation to be paid members of a city-county board of health and employes of a city-county health department. 72-33
Highway Commissioner
County Board may not utilize unidentified paper ballot in voting to appoint County Highway Commissioner, but may vote by ayes and nays or show of hands at open session if some member does not require vote to be taken in such manner that the vote of each member may be ascertained and recorded. Sec. 66.77(6), Stats. 63-569
Highways
Section 83.025(1), Stats., as amended by ch. 160, Laws of 1973, does not require counties to develop a functional and jurisdictional classification of highways. Nor is a properly approved classification plan a prerequisite to a county board's exercise of its authority pursuant to sec. 83.025(1), Stats., as amended, to incorporate town roads into the county trunk highway system without prior approval of town boards. 63-125
Housing authority
Section 59.025, Stats., does not authorize a county board of supervisors to alter the number of commissioners of the county housing authority or the terms of office of such commissioners, as established by sec. 66.40(5)(a), Stats. 68-35
Indian Child Welfare Act
Jurisdictional questions relating to the implementation of the Indian Child Welfare Act (25 U.S.C. sec. 1901 et seq.) discussed. 70-237
Judges bar dues
A county board of supervisors does not have authority to pay the bar dues of elected circuit judges serving the county. Such dues are professional responsibilities of the person serving as judge and are not costs of operation of the Circuit Court. The Legislature could enact legislation to empower the county to pay such dues as a part of compensation or reimbursement for expense connected with duties, or could provide that the State pay such dues. 31-1985
Judicial review of legislative decision
Judicial review of a county board's legislative decision concerning approval or disapproval of town zoning ordinances submitted to the county board under section 60.62(3), Stats., is limited to cases of abuse of discretion, excess of power or error of law. 79-117
Kenosha County
A county board has no statutory authority to charge a higher marriage license fee to certain nonresidents who would be required to submit to AIDS testing in their home state or, in the alternative, require AIDS testing as a condition of obtaining a Wisconsin marriage license. 77-154
Land Conservation Committee appointments
Appointments to a county land conservation committee, created by the county board pursuant to section 92.06, Stats., are made by the county board, not by the county executive. 76-173
Legal notices
A county board may direct supplemental publication of legal notices in a newspaper other than the official newspaper, provided that the supplemental publication is a newspaper meeting the requirements of sec. 985.03, Stats. However, only the publication in the official newspaper constitutes official publication of a legal notice. (Unpub.). 15-1976
Liability claims against the county
County Highway Committee does not have power to examine, settle and pay liability claims against the county without final action by the County Board. 67-47
