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
COUNTY MEDICAL EXAMINER
See also CORONER
Assistants, qualifications for
Appointment of assistants to the Medical Examiner who are not able to be qualified as expert witnesses in the field of pathology is not permissible under Dunn County local ordinance. Appointment of law enforcement officers as assistant medical examiners creates an impermissible conflict between the offices. 75-28
Qualifications
County Board or County Civil Service Commission, when establishing qualifications for the position of Medical Examiner should consider the statutorily prescribed duties of the Medical Examiner in sec. 59.34 and ch. 979, Stats. Legislature intends office to be occupied by an expert. 69-44
COUNTY PARK COMMISSION
Complimentary season golf passes
The practice of a county park commission, in granting free or complimentary season golf passes for the use of the county-owned and operated golf course to elected county officials and certain appointed county officials, is deemed to be in excess of the authority of such commission where such practice cannot be shown to serve any identifiable public purpose. 63-213
Milwaukee County
Total prohibition of all use of all Milwaukee County park buildings for political purposes is unconstitutional. Validity of regulations restricting political assemblies to certain areas of certain parks depends on whether the restrictions may be considered reasonable "time, place and manner" regulations. Current sec. 47.02, Milwaukee County Ordinances, vests unbridled discretion in permit-granting authority. To withstand constitutional attack explicit, objective standards ensuring even-handed application of the ordinance must be provided. 67-16
COUNTY PLANNING AND ZONING COMMITTEE
Board of Adjustment
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 SURVEYOR
Duties
Duties of county and other land surveyors and minimum standards for property surveys discussed. 69-160
Engineer
A city or village engineer is not required to be registered as a land surveyor when acting pursuant to sec. 59.635(2), Stats. (1977). 68-185
Records of
Counties that employ rather than elect a county surveyor pursuant to sec. 59.12, Stats., are required to maintain the survey record system described in sec. 59.60(2), Stats. Further, all counties are required to maintain the survey record system to enable registered land surveyors to comply with statutory filing requirements. 72-96
COUNTY TREASURER
Bail forfeited
The entire amount of bail forfeited under sec. 969.13(4) is to be retained by the County Treasurer and no part thereof is to be paid to the State Treasurer. 62-247
Clerk of court funds
A county board of supervisors may not require a clerk of court to turn over funds held by him or her to the county treasurer on Friday of each week. 78-143
County Board
A county board lacks the requisite statutory power to require Treasurer to search records and sign certificates. 66-358
Investment of county funds
The County Treasurer does not have power to manage and administer the investment of county funds; such powers by reason of sec. 59.75(1), Stats., being for the County Board or of a committee thereof, and since they involve the exercise of discretion on a continuing basis, cannot be delegated to the Treasurer. The County Board may authorize the Treasurer to deposit certain funds in inactive deposits at interest in county depositories under strict standards established by the Board. 68-133
National forest income
Section 59.20(13), Stats., controls the distribution of national forest income by county treasurers derived from 16 U.S.C. sec. 471, et seq., and 31 U.S.C. sec. 1601, et seq. (Unpub.). 45-1978
Withdrawn, see 67-277
Personal property tax
County Treasurer has duty to collect personal property tax, returned delinquent by the town, but may charge tax back to the town after one year. Collection methods discussed. 63-204
Redemption notice
In publishing redemption notices for tax delinquent lands under sec. 75.07(1), Stats., County Treasurer is not authorized to omit the names of persons to whom such property was last assessed. 63-118
Section 75.07(1), Stats., requiring publication of redemption notice prior to expiration of time to redeem lands sold for taxes, is directory only; and failure to include in such publication the name of the person to whom such taxes were assessed does not invalidate a subsequent tax deed. 63-116
Register in Probate
Section 851.74(3), Stats. (1977), which requires Registers in Probate to make payments to the County Treasurer on the first Monday of each month, does not preclude more frequent payments. 68-117
Salaries and wages
A county board does not have power to deny salary to a county treasurer during a period of sickness where such official has not resigned or has not been removed for cause. Under present statutes county board does not have power to establish sick leave and vacation benefits for elected county officials. Remedies discussed. 65-62