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
COUNTY HIGHWAY COMMITTEE
Criminal charge against
Claim for expense reimbursement by a public officer, under specific fact situation, is both an action taken in such officer's official capacity and an action growing out of performance of official duties thereby permitting municipal government to pay expenses associated with criminal charge against such officer based upon such claim pursuant to sec. 895.35, Stats. 71-4
Liability claims
County Highway Committee does not have power to examine, settle and pay liability claims against the county without final action by the County Board. 67-47
Maintenance of state highways
Contracts providing for the maintenance of state highways by the counties may be executed by the county highway committees without the approval of the county boards. 65-140
Public sale
Land acquired in name of a county by its county highway committee for use as gravel pit can be sold by the County Board, when no longer required for highway purposes, at public sale pursuant to sec. 83.08(4), Stats. Public sale must be held on notice, by auction or written bids, with sale to highest qualified bidder. 66-208
Truck traffic
Counties do not have any general police power authority to control truck traffic, but are restricted to controlling truck traffic under secs. 349.15 and 349.16, Stats. The exercise of the police power under sec. 349.15, Stats., need not be based on the condition of the roadbed, but may be exercised to promote the general welfare of the public. 66-110
Vouchers
Section 83.015, Stats., does not preclude county boards from 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
COUNTY HUMAN SERVICES BOARD
Composition
Under section 46.23(4)(a)1., Stats., officers, employes and directors of public or private entities that furnish "human services" to a county may not be appointed to the county's human services board. The prohibition contained in section 46.23(4)(a)1. does not extend to the appointment of members of the immediate family that do not provide human services to the board, but other legal and practical considerations may mitigate strongly against such appointments. 80-30
Delegation of powers
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
