Wisconsin Legislature: State trunk highways

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

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

Liability

"Volunteer Registration Form" utilized by county human services department to register volunteer drivers who transport department clients is ineffective to release county from civil liability in event client is injured or killed in accident. Moreover, an attempt by a county to obtain such a release from liability may violate public policy. 80-23

COUNTY HIGHWAY DEPARTMENT

Ditching and culvert work on private lands

The county highway department may perform ditching and culvert work on private lands to promote a public purpose such as soil conservation. However, activity in this area should respect available private sector alternatives, and ensure that accounting procedures will protect all taxpayers equally. 76-69

COUNTY JAIL

See PRISONS AND PRISONERS

COUNTY JUDGE

Assignment of cases

Judges of the branches of County Court, rather than County Board of Judges, which is made up of both Circuit Court and County Court judges, have power to assign specific types of cases to specific branches of the County Court, pursuant to sec. 253.18, Stats. Likewise, judges of the branches of Circuit Court have power to assign specific types of cases to specific branches of the Circuit Court, pursuant to sec. 252.02, Stats. 63-92

Judicial Code

A county judge's resignation is effective when successor qualifies. Judicial Code's only sanction is censure. 62-35

Legislative appointment

Sections 489m, 490m and 561(8), ch. 90, Laws of 1973, may provide for and implement a legislative appointment to the office of county judge contrary to the provisions of Art. VII, sec. 2 and Art. XIII, sec. 10, Wis. Const. 63-24

Resignation

A county judge's resignation is effective when successor qualifies. Judicial Code's only sanction is censure. 62-35

Salaries and wages

County Board can reduce additional salary payable to county judge under sec. 253.07(2), Stats., during term only to extent necessary to keep total salary of county judge, state, county and county addition, within the limits set forth in sec. 20.923(3), Stats., created by ch. 90, Laws of 1973. 62-269

If Senator Keppler assumes judicial office to which he was elected during his term as legislator, his compensation during his entire judicial term would be that which was applicable to the office of county judge of Sheboygan County which was in effect prior to the effective date of any increase which occurred within the term for which he was elected as legislator, which began in January, 1977. 68-1