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
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
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
Resolutions
Resolutions of County Board creating special or standing committees under sec. 59.06, Stats., or creating rules of procedure relative to executive matters or the administration of law must be submitted to County Executive in counties under 500,000. 68-182
Salaries and wages
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
A county board does not have power to deny salary to a county treasurer during a period of sickness where such official has not resigned or has not been removed for cause. Under present statutes County Board does not have power to establish sick leave and vacation benefits for elected county officials. Remedies discussed. 65-62
Sale of county 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
Secret ballot
Utilization of a secret ballot by County Board to appoint zoning administrator constitutes violation of sec. 66.77(6), Stats., and is voidable. 64-73
Social services directory
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
Special assessments
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
Special counsel
Although a county board in a county with a population of under 500,000 has not permanent or continuing authority to retain special counsel, it may obtain special counsel with the approval of the circuit court under sec. 59.44 on a case-by-case basis in those situations where the district attorney or corporation counsel is unable to continue to perform his or her duties without potentially violating the rules of professional conduct established by the Wisconsin Supreme Court. Unless otherwise provided by statute, in those situations where legal services are required in civil matters and the provisions of sec. 59.44, Stats., cannot be utilized, the district attorney or corporation counsel has the exclusive authority to perform or supervise the provision of those services. 72-113
Supervisor doing business with county
Section 946.13, Stats., which prohibits private interests in public contracts, applies to county board or department purchases aggregating more than $5,000 from a county supervisor-owned business. 76-178
Supervisor, residency requirements
A county board supervisor elected at the 1984 Spring election who moved from such district in the Fall of 1984 vacated his office even though he continued to reside in the same county because 1983 Wisconsin Act 484 amended section 59.125, Stats., to require that "[n]o person is eligible to hold the office of county supervisor who is not a resident of the supervisory district from which he or she was chosen." 74-160
Supervisor, per diems
County Board Supervisor who is also member of a committee of the County Board or of County Highway Committee can only receive one per diem on days Board meets but can receive mileage allowance provided for in sec. 59.03(3)(g), Stats., for each mile traveled to and returning from meetings of the Board by the most usual traveled route and can also be reimbursed at the rate established by the Board pursuant to sec. 59.15(3), Stats., as the standard mileage allowance for officers for necessary expenses incurred for any additional miles traveled in performance of committee of County Board duties or Highway Committee duties on the same day. 68-73
Except in self-organized counties, a county board may not establish multiple per diem compensation for attendance at more than one committee meeting on the same day on days when the county board is not in session. 79-122
Supervisor selling real estate to county
Where the county board as a whole must decide whether to purchase land, a county board supervisor would violate section 946.13(1)(a), Stats., if land owned by his partnership was sold to the county for a purchase price in excess of $5,000. 76-90
Surveys
A resurvey of the public lands under sec. 59.635(8), Stats., requires reestablishing all corner posts by government surveyors in the original survey of the public lands. If a county board approves a resurvey program under sec. 59.635(8), Stats., the resurvey must be completed in 20 years or less and at least 5 percent of the resurvey must be completed each calendar year. 66-134
Requirements for relocating, establishing and perpetuation of the corners of the survey of the public lands discussed. Section 60.38, Stats., requires that resurveys of the public lands be recorded with the Register of Deeds in the county where the resurveyed land is located and kept as the County Board directs by resolution as long as a separate index is maintained. 66-126
Tax levy
Section 70.62(4)(em)1., Stats., only permits County Board to increase tax levy over maximum to pay increased costs which relate to payment of a court judgment or court confirmed award, or out-of-court settlement after a civil action or special proceeding has been commenced in a court. 70-209
Town business
County Board may not by resolution require either a full time District Attorney or the Corporation Counsel to advise town officers on matters of strictly town business, and may not engage in special counsel for such purpose. 72-179
Tract index
When in its judgment the existing tract index, for any reason, is unfit, unreliable or unserviceable, the County Board of any county may contract with a competent person for the compilation of a new and corrected tract index. A performance bond may be required. 65-258
Traffic department
County Board in county under 500,000 not having civil services system for deputy sheriffs can abolish traffic department organized under sec. 83.016, Stats., and with the cooperation of the Sheriff, such traffic patrolmen can be appointed deputies in the Sheriffs Department without providing for civil service selection under sec. 59.21(8)(cm), Stats. Language in 36 OAG 174 (1947) and 38 OAG 245 (1959) distinguished in view of sec. 59.025, Stats., which was enacted after issuance of those opinions. 71-199
Transit board
County Board in county over 500,000 can provide that members of transit board be appointed by County Board Chairman and confirmed by County Board. However, Supervisor would be ineligible to serve on such transit board. 67-231
Trespass to land
County Board has authority under sec. 59.07(64), Stats., to enact a county ordinance prohibiting trespass to land that is similar to and consistent with sec. 943.13, Stats. 21 OAG 80. 69-92
Waste management
Board which creates solid waste management system and board may withhold or take away functions specified in sec. 59.07(135), Stats. 65-233
Welfare
Board has no power to hire and fire employes of County Welfare Department. 65-163
Powers of County Board and County Board of Public Welfare as to establishment of and appointment to positions in the Public Welfare Department, concerned with administration of aid to dependent children, discussed. 68-262
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 the 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
