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County shoreland zoning of unincorporated areas adopted pursuant to sec. 59.971, Stats., is not superseded by municipal extraterritorial zoning under sec. 62.23(7a), Stats.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
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
