Hiring above the minimum"
"Raised hiring rate" and "hiring above the minimum" practices utilized by Administrator of Division of Personnel pursuant to section Pers 5.02(1) and (2) Wis. Adm. Code are primarily matters of compensation and wage rates related to salary-schedule adjustments and are subject to collective bargaining in some degree under sec. 111.91(1), Stats. (Unpub.). 65-1978
Juvenile delinquency records
1. A licensing agency may not ask an applicant about juvenile delinquency records. 2. A licensing agency may request information from an applicant regarding conviction records under sec. 111.32(5)(h), Stats. 67-327
Leasing company
Strict compliance with all criteria in section 108.02(12m), Stats., and section 108.065 is required before a company will qualify as an employe service company and the employer for unemployment compensation purposes. 80-154
Leave of absence
When section 63.065, Stats., permits a person to return from approved leave of absence to classified service without loss of seniority, the statute means that the person is treated for seniority purposes as though he or she never left the position in classified service. 78-11
Nepotism
Within limits, county board may prospectively prohibit department heads from appointing close relatives to county offices and positions but cannot totally prohibit relatives of a county board supervisor from any employment by the county. (Unpub.). 88-1977
Pension plan
A school district lacks authority to establish a pension plan other than through participation in the Wisconsin Retirement Fund for noncertified employes not subject to a collective bargaining agreement. (Unpub.). 68-1976
Police and Fire Commission
A police and fire commission is an employer under section 103.15, Stats., and may not test paramedic candidates for the HIV virus. Civil liability of the commission and the city it serves for claims brought by individuals who can prove that they contracted the HIV virus through employment-related contacts with paramedics discussed. 77-181
Public records
The final decision of a quasi-judicial body regarding disciplinary action against a physician in the unclassified service is properly deemed available under the Public Records Law. 74-156
Public records relating to employe grievances are not generally exempt from disclosure under the Public Records Law, and nondisclosure must be justified on a case-by-case basis. 73-20
Quo warranto action discussed
Section 15.05(2), Stats., does not authorize appointment of an employe not within the Department. De facto status discussed. Quo warranto and sec. 946.12, Stats., action discussed. Corrective action requested of officers involved. (Unpub.). 8-1978
Reinstatement
A public employe departing a non-elected county position in the sheriffs office to assume the elective county office of sheriff is not entitled to rein statement to the same or a similar position upon termination of service as such elective officer, in the absence of properly authorized civil service or contractual provisions so providing. 78-19
When section 63.065, Stats., permits a person to return from approved leave of absence to classified service without loss of seniority, the statute means that the person is treated for seniority purposes as though he or she never left the position in classified service. 78-11
"Raised hiring rate"
"Raised hiring rate" and "hiring above the minimum" practices utilized by Administrator of Division of Personnel pursuant to section Pers 5.02(1) and (2) Wis. Adm. Code are primarily matters of compensation and wage rates related to salary-schedule adjustments and are subject to collective bargaining in some degree under sec. 111.91(1), Stats. (Unpub.). 65-1978
School districts
Multiple year contract renewal provisions under section 118.24(1) and (1m), Stats., do not apply to personnel and curriculum administrators and their assistants. (Unpub.). 37-1984
Seniority
When section 63.065, Stats., permits a person to return from approved leave of absence to classified service without loss of seniority, the statute means that the person is treated for seniority purposes as though he or she never left the position in classified service. 78-11
Ski resorts and amusement parks
Public ski resorts and amusement parks which make a charge for enjoyment of their facilities are subject to rules relating to employment made under secs. 103.01 to 103.03, Stats. (Unpub.). 72-1978
State
Discussion of restrictions which section 16.417(2), Stats., imposes on dual state employment of state employes. 77-245
Temporary help service company
Strict compliance with all criteria in section 108.02(12m), Stats., and section 108.065 is required before a company will qualify as an employe service company and the employer for unemployment compensation purposes. 80-154
Unemployment benefits erroneously paid
Although unemployment benefits erroneously paid constitute overpayments which the individual recipients should be required to repay, the Department of Industry, Labor and Human Relations has discretion whether to seek recovery of such overpayment. 67-228
University
Where University has obtained ethnic or racial information about its employes under a necessary pledge of confidentiality, it need not divulge such information to a Senate committee where the committee has refused to issue a subpoena requested by the chairman and the needs of the committee can apparently be satisfied without such disclosures. (Unpub.). 79-1977
Worker's Compensation
Payment of the "supplemental benefit" of sec. 102.44(1), Stats., as created by ch. 148, Laws of 1971, is not precluded to former state employes by Wis. Const. art. IV, sec. 26. The "second injury fund" is not impressed with a constructive trust which prevents its use for payment of such "supplemental benefits." 62-69
ENGINEERS
See ARCHITECTS AND ENGINEERS
ENGINEERING
See ARCHITECTS AND ENGINEERS
ENVIRONMENTAL POLICY ACT
See WISCONSIN ENVIRONMENTAL POLICY ACT
ENVIRONMENTAL SANITATION
See COUNTY SANITARIAN; WASTE MANAGEMENT
ESTABLISHMENT CLAUSE, UNITED STATES CONSTITUTION
Adolescent Pregnancy Prevention Services Board
Constitutionality of the administration of grant monies by the Adolescent Pregnancy Prevention Services Board pursuant to section 46.93, Stats., discussed. 76-233
Private schools
United States Constitution art. I and Wisconsin Constitution art. I, sec. 18, do not prohibit the State from disbursing state matching funds under National School Lunch Act (P. L. 79-396) to private as well as public schools. Sections 115.34 and 20.255(1)(fe), Stats., must be amended to permit such disbursal to private schools. 69-109
Textbook loans to school students. 68-287; 77-66
ETHICS, STATE BOARD OF
Authority to obtain copies of tax returns
Section 19.50(5), Stats., giving Ethics Board authority to obtain copies of tax returns, and sec. 71.11(44), Stats., regarding examination of tax returns, discussed. To the extent of any conflict between the two statutes, sec. 19.50(5), Stats., being a specific statute, controls over sec. 71.11(44), Stats., being a general statute. (Unpub.). 8-1979
Candidates filing economic interests statement
The Ethics Board cannot extend the date by which a candidate for state public office must file a statement of economic interests and cannot waive the filing requirement. 81-85
