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
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
The County Board may create office of county executive and make resolution contingent upon referendum of electorate. 62-14
Rules of procedure
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
Solid Waste Management Board
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
Veto powers
A veto of an appropriation by the county executive under section 59.031(5), Stats., does not restore the appropriation to the level in the county executive's proposed budget. 80-214
County Executive's power of partial approval under Wisconsin Constitution article IV, section 23a, extends to any part of a county board resolution or ordinance containing an appropriation. Status of veto power of executives in populous counties discussed in view of court determination in 1959 that section 59.031(6) was unconstitutional and subsequent amendment of the Wisconsin Constitution. 73-92
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
Waukesha County Board
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 HIGHWAY COMMISSIONER
Indefinite term of office
A county board may provide that the term of office of the county highway commissioner is indefinite. 80-46
Salary
Highway commissioners are appointed by the County Board. Their salary is to be fixed, and may be changed during their term, pursuant to sec. 59.15(2), Stats. 63-286
State trunk highways
Where county has contract to maintain state trunk highways, County Highway Commissioner can temporarily close state trunk highway in case of emergency. Sec. 86.06(1), Stats. Sheriff has power to temporarily close any highway in county in case of emergency and to divert traffic. Secs. 59.24(1) and 349.02, Stats. 67-335
