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
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
County Board
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
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
District Attorney
County Board cannot diminish or enlarge duties of District Attorney except where certain duties are transferred to Corporation Counsel. (Unpub.). 76-1977
Duties
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
Duties of corporation counsels of different counties discussed where county Department of Social Services, on behalf of persons over whom it has legal custody, requests the Department of Social Services of another county, within which such person resides, to institute a chapter 55 proceeding for protective placement in the court of the county of residence. (Unpub.). 35-1984
The duty to represent the county Department of Social Services rests solely with the District Attorney or Corporation Counsel and County Boards lack the authority to engage and compensate any other person or entity for such work. 70-136
Oath of office
An official oath is required by section 59.13(1), Stats., for a county corporation counsel but is not required for an assistant district attorney. 77-228
COUNTY COURT
Court Reporter
Salary questions discussed with respect to county Court Reporter who resigned effective July 31, 1978, and was appointed by Judge of same court as circuit Court Reporter on August 2, 1978. Ch. 449, Laws of 1977. (Unpub.). 19-1979
Inheritance tax
There is authority for the county court to appoint an additional appraiser for inheritance tax purposes in an estate where death occurred prior to May 14, 1972, and to pay for such an appraiser on the certificate of the County Judge out of inheritance tax funds in possession of the Department of Revenue. (Unpub.). 21-1976
Official seal
Circuit or county court may use as its official seal on documents an ink seal printed by a rubber stamp. 66-275
Traffic regulation cases
In traffic regulation cases, sec. 345.315, Stats., controls over sec. 300.05, Stats., insofar as request for substitution of a justice is concerned but not over sec. 300.055, Stats., which grants defendant right to secure transfer to county court upon request, accompanied by $1 fee, at any time prior to trial. 66-64
COUNTY EXECUTIVE