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
Committees
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
County Board 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
Handicapped Children's Education Board
In counties with a county executive, the county Handicapped Children's Education Board exercises advisory and policy-making functions associated with the special education programs and services authorized by the county board under section 115.83, Stats., and the county executive supervises the administrative functions. While the county Handicapped Children's Education Board and the county executive share budgetary responsibilities, the county executive makes the annual budget recommendation to the county board. County personnel and procurement ordinances, and other similar ordinances which regulate administration of county government generally, apply to the operation of such county special education programs and services to the extent such ordinances are otherwise authorized and do not conflict with the state laws regulating such special education programs and services. 77-196
Land Conservation Committee appointments
Appointments to a county land conservation committee, created by the county board pursuant to section 92.06, Stats., are made by the county board, not by the county executive. 76-173
Outagamie County Board
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
Powers
An elected county executive does not have authority to reorganize another elected county official's office so as to remove functions or responsibilities mandated by statute. An elected county executive does have authority, along with the county board, to impose reasonable organizational and budgetary constraints upon such officials, which neither narrow nor frustrate the proper exercise of the constitutionally or statutorily mandated official duties of such elected county offices. 77-113
In counties with a population of less than 500,000 having a county executive, a solid waste management board established by the county board pursuant to section 59.07(135), Stats., is restricted to performing advisory, policy-making or legislative functions, and the county executive is responsible for the administrative functions set forth in the statute. 77-98
Ordinarily, where a county has a county executive, "operating" or "servicing" committees of the county do not have authority to exercise day-to-day administrative supervision and direction of county departments or functions. 68-92
Purchasing officer and county auditor
Where County Board has designated the County Executive as Purchasing Officer and County Auditor, neither County Clerk nor County Board Chairman has authority to issue a directive to department heads requiring purchase vouchers to be referred to the committees of jurisdiction rather than to the County Executive. Salary of County Executive cannot be increased so as to be effective during current term of such officer. 63-220
Referendum
