Wisconsin Legislature: Nursing home bequest

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

Juvenile detention costs

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

Libraries

County Board, in county having a single-county federated public library system, cannot abolish system Board appointed under sec. 43.19(1)(a), Stats., and transfer functions and duties to committee of County Board. 63-317

Library funds

County Board cannot authorize single-county federal library system board to maintain special bank account into which are deposited system revenues and from which are paid system expenses. (Unpub.). 81-1977

Local Emergency Planning Committee

A local emergency planning committee created by the county board pursuant to section 59.07(146), Stats., is in many respects treated as other county committees. The county board has the authority to appropriate funds for the committee and the county's relationship to the committee is the same as the county's relationship to the other county bodies created under section 59.07, with the exception that the county must be consistent with the authority exercised by the state emergency response commission. The county corporation counsel should provide legal advice and assistance to the LEPC. If the LEPC or its members are sued, the attorney general represents them; and the state would pay the judgment if the requirements of section 895.46 have been satisfied. 78-27

Marriage license fees

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

Milwaukee County

The Milwaukee County board may not delegate the exclusive authority to approve contracts for budgeted public works projects to the museum board or to the zoological board. Except in extraordinary circumstances, the attorney general will not issue opinions concerning the meaning or intent of municipal ordinances. 77-120

Milwaukee County does not have authority to enact and enforce an ordinance which would establish certain rights of residents of nursing homes, group foster homes, residential care facilities and hospitals which contract for the care of residents. The State has given the Department of Health and Social Services preemptive authority over community-based residential facilities and nursing homes. 68-45

Multi-county sec. 51.42/51.437 Board

A multi-county sec. 51.42/51.437 Board is not an independent agency or body corporate, but is an agency of the contracting counties. The district attorneys or corporation counsel of the contracting counties are required to furnish legal advice and representation to such Board. The sec. 51.42/51.437 Board, however, has limited power to contract with private attorneys for the furnishing of certain legal services to clients pursuant to secs. 46.03(17), 46.036, 51.42(5), 51.437(5) and 55.04(1)(a)8., Stats. Counties could jointly employ a county corporation counsel to furnish legal services of a civil nature to the Human Services Board by reason of secs. 59.025(3), 59.07(44), 66.30, Stats. (Unpub.). 38-1982

Nepotism

Within limits, County Board may prospectively prohibit department heads from appointing close relatives to county offices and positions but cannot totally prohibit relatives of a county board supervisor from any employment by the county. (Unpub.). 88-1977

Nursing home bequest

The County Board, not the Board of Trustees, determines the disposition of a bequest made to a county institution operated pursuant to section 46.18, Stats. The County Board, acting pursuant to sections 59.07(101) and 59.75, may authorize the County Treasurer to place such a bequest in long-term investments, with the income from such investments to be expended at the institution. 73-125

Ordinance concerning Register of Deeds

A county board lacks statutory authority to enact ordinances directing the register of deeds to refuse to record documents containing restrictive covenants or requiring the register of deeds to place notices on liber volumes and copies of real estate documents, directing the public's attention to the possibility that such covenants may be legally unenforceable. 77-262

Ordinance concerning residence of county employes

County Board has power to adopt ordinance requiring all county employes, including those employed by the Handicapped Childrens Education Board (HCEB) pursuant to section 115.86(5), Stats., to maintain residence within the county. However, HCEB rather than County Board has power to appoint such personnel and to remove them. Exercise of such power may be limited by civil service ordinance or labor contract. 73-1

Ordinance concerning sale of property

County ordinances delegating the authority to decide the terms under which county property will be sold and delegating the authority to negotiate certain public works contracts to county committees do not impermissibly infringe upon the administrative duties and powers of the county executive. 80-49

Park Commission

County Board of Supervisors in county over 500,000 can abolish County Park Commission created under sec. 27.02(2), Stats., and transfer its functions to the County Board. 63-115

Paternity matters

Duties of Corporation Counsel in county over 500,000 concerning paternity matters under secs. 52.21-52.45, Stats., cannot be transferred to legal counsel employed in a separate department created pursuant to powers in sec. 59.025, Stats. (Unpub.). 22-1978

Per diems

See Supervisor, per diems

Personnel committee

In a county which does not have a county executive or county administrator, the personnel committee of a county board does not possesses the statutory authority to remove the county social services director. The county board in such a county may not, under section 59.025, Stats., transfer the authority to appoint, supervise and remove the social services director from the social services board to a committee of the county board because the statutes concerning the exercise of such authority are enactments primarily of statewide concern. 81-145

Powers

A county board in a county having a county executive could, by ordinance, require that four of seven sec. 46.18(1), Stats., trustees be county supervisors. The County Board could also abolish the Board of Trustees and transfer all of its powers to a board, commission or committee created pursuant to sec. 59.025(3), Stats. Trustees, board members and commissioners are appointed by the County Executive, subject to confirmation by the County Board. The County Board chairperson appoints members of committees established pursuant to sec. 59.06, Stats. 70-181

Assuming individual is entitled to attorney at public expense in mental hearings required by sec. 51.02, Stats., or alcohol or drug abuse hearings required by sec. 51.09(1), Stats., power to appoint, to determine indigency and to fix compensation are judicial and must be exercised by the Court or under its direction and cannot be limited by the County Board or delegated to private nonprofit corporation. Any power of the County Board to contract for such services is limited to administrative details. 63-323

Counties under 500,000 do not have authority to create a county department of administration by resolution. 62-91

County Board does not have power to establish number of days elected officials may utilize for vacation or sick leave or to grant longevity pay to elected officials, but can pay premiums for individual or group hospital, surgical and life insurance for them. 66-329

County Board is without power to provide for compensation for members of County Board of Health where express statute, sec. 140.09(5), Stats., provides that they will serve without compensation, but may be reimbursed for expenses. Statutory powers of County Clerk with respect to budgeting and record keeping cannot be transferred by County Board to new position of Finance Officer. 63-196

Privatization of county jail

Neither the sheriff nor the county board may "privatize" the jailer function of the office of sheriff under section 59.23(1), Stats., by contracting with a private firm to take charge and custody of county prisoners held in the county jail. 77-94

Property, conveyance of private corporation

The Wisconsin Commissioner of Banking does have a compelling interest in regulating banking activities on Indian reservations under chapters 217 and 218 and section 138.09, Stats., even though Public Law 280 does not specifically grant such regulatory authority. 80-337

Public defenders

A county, acting through its county board, has the implied power to create a public defender's office to function as a county agency. 65-168

Racetracks

A county board has power under section 59.07(18) and (64), Stats., to enact a reasonable licensing ordinance regulating the operation of motor vehicle race tracks outside the limits of cities and villages. 74-129

Real estate taxes

Section 74.80(2), Stats., permits counties and cities to impose by ordinance a flat six percent or less penalty on overdue real estate taxes and special assessments, regardless of when they became or become overdue. 71-189

Referendum

Chapter 220, Laws of 1977, effective April 7, 1978, expressly authorizes a county board to conduct a county referendum for advisory purposes or as a conditional element which would determine whether an enactment becomes effective. 68-130

Regional planning commissions

Appointments to regional planning commissions on behalf of a county, under sec. 66.945(3)(b), Stats., are made by the County Board, unless the county has a County Executive or a County Administrator in which event such appointments are made by that county officer, under the authority set forth in either sec. 59.032(2)(c) or sec. 59.033(2)(c), Stats. 62-197

Residence of supervisor

Where, as a result of the alteration of the County Board supervisory districts, a Supervisor's residence is left outside the district he or she represents, the Supervisor may continue to represent that district until the expiration of his term. When a city has combined the offices of Alderman and County Board Supervisor where the aldermanic and supervisory boundaries are coterminous, the County Board retains its discretion to decide whether to alter the supervisory districts after the city has annexed territory. 76-10