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
The County Board of Public Welfare rather than the County Board of Supervisors has the authority to appoint a County Welfare Director. 62-114
Zoning
A town board, granted village powers under sec. 60.18(12), Stats., is not required to petition its County Board prior to adopting a town zoning ordinance. Sec. 60.74(1)(am) and (7), Stats. However, where the county has adopted a zoning ordinance under sec. 59.97, Stats., such town zoning ordinance will not become effective and cannot be enforced unless and until the county takes positive action approving such town ordinance. 62-139
County zoning under sec. 59.97(9), Stats., is only effective during the period of county ownership and such zoning terminates on transfer of ownership. (Unpub.). 71-1976
Towns exercising village powers can zone shorelands concurrently with counties, provided that the town ordinance is in conformance with or more restrictive than the county ordinance. 65-108
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
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 BOARD OF ADJUSTMENT
Zoning
The extent to which sec. 59.99, Stats., authorizes the County Board of Adjustment to grant zoning variances and review decisions of the County Planning and Zoning Committee, discussed. 69-146
COUNTY CHILDREN'S HOME
Establishment and maintenance of
Section 48.31, Stats., provides counties with express authority to establish and operate juvenile detention homes and shelter care facilities. Detention homes and shelter care facilities established and operated pursuant to sec. 48.31, Stats., do not require a ch. 48 license from the Department of Health and Social Services. Counties may lease property for detention home or shelter care use. 66-50
COUNTY CLERK
Accounting and bookkeeping
County Board can only grant powers of indirect supervision to Finance Director with respect to accounting or bookkeeping duties of County Clerk required by statute or Board resolution to be performed by such officer. 65-132
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
Transfer of duties currently performed by the County Clerk to newly-created position of Administrative Services Co-ordinator discussed. County officer cannot be paid separate salary for performing services which are incidental to his office. 67-1
Auditor
The civil service provisions of sections 63.01 to 63.17, Stats., are not applicable to appointments of a county auditor or deputy auditor pursuant to section 59.72(3) and (4) unless such a civil service system is mandated for such county because it contains 500,000 inhabitants or more, or such system is applicable because the county involved has exercised its option under section 63.01 to enact such a system. 78-91
Elections
Failure to publish notices of an election on the last Tuesday in May, the first Tuesday in June, and the second Monday preceding an election on the question of removal of a county seat and failure by the County Clerk to distribute the ballots will not invalidate the election where it appears that the voters were well informed of the time, place, and manner of the election and the issue involved, and a majority of the qualified voters who went to the polls, excluding those who had an opportunity to vote on the question of removal but chose not to, voted in favor of removal. 66-219
Fees
Changes made to section 29.09(7m), Stats., by 1987 Wisconsin Act 27 did not alter the county board's authority to permit the county clerk to keep the issuing fees prescribed by sections 29.09(10) and 29.092(15) as part of his or her compensation. 77-267
Jail keys
As custodian of the jail and its prisoners, the Sheriff has the exclusive right to determine where duplicate sets of jail keys will be kept; the County Clerk is not authorized to retain a duplicate set of jail keys if the Sheriff does not agree to such possession. 68-330
Ordinances
Section 59.09(1), Stats., discussed in reference to requirements that county clerks must publish county ordinances and distribute copies to town clerks. 62-81
Powers
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
Salaries and wages
The salaries of elected county officials may be increased during their terms. But any increase put into effect after the earliest time for filing nomination papers does not carry forward to the new term unless the County Board again votes the increase. 69-1
COUNTY CORPORATION COUNSEL
See also CORPORATION COUNSEL; DISTRICT ATTORNEY
Auditor
