Public records
The alphabetical index which the Register in Probate must maintain pursuant to section 851.72(5) is not a court record and thus is open to public access under sections 59.14(1) and 19.31. The index may not, however, contain results of proceedings under chapters 55 and 880. The $4.00 search fee of section 814.66(1)(j) applies only when a person fails to furnish the docket or file number or when a search is conducted to ascertain the existence or non-existence of a record. The charge for a one page certified copy from the Register in Probate or Clerk of Court is comprised of an initial $3.00 certifying fee and a $1.00 per page fee and is thus $4.00. 73-16
Under the Public Records Law, the fee for copying public records may include a component for labor expenses actually, necessarily and directly incurred in connection with reproduction of public records; search fees cannot be charged as reproduction fees; local units of government cannot by ordinance establish public record copy fees that deviate from actual, necessary and direct costs of reproduction; and the municipal law provision authorizing the same fee for the same service has little if any practical impact vis-a-vis the requirement that fees for public records be limited to actual, necessary and direct costs. 72-150
Register in Probate
Filing fees provided in sec. 253.34(1)(a), Stats., should be charged in informal probate proceedings authorized by ch. 865, Stats., created by ch. 39, Laws of 1973. 62-308
Section 253.34(1)(a), Stats., dealing with filing fees was not amended by ch. 310, Laws of 1971, which amended inheritance tax rules on survivorship interests. 62-32
The time of the filing of the inventory of the estate, not the time of filing the petition for probate, determines the applicable filing fee. (Unpub.). 62-1987
Sheriffs
Sheriffs may collect the statutory fee for each service or attempted service of process; fees for mileage, however, may only be collected if service is successful. 73-106
Wage claims
District attorneys may exercise discretion in collecting wages referred by the Department of Industry, Labor and Human Relations, but such discretion must be exercised reasonably. Specific questions concerning collection of wages are discussed including methods of collection, settlements, payment of costs and fees, and enforcement of the statutory lien. 78-171
Waterfowl propagation areas
Assembly Bill 894 as drafted is constitutional and allows the State to contribute $1 of the $3 fee collected from a state waterfowl hunting stamp to private nonprofit organizations for development of waterfowl propagation areas in Canada. 67-56
.42/51.437 BOARD
Appointments to
Persons appointed by County Executive and confirmed by County Board to County Veterans Service Commission, single county 51.42 Board or County Institutions Board serve for statutory term as stated in years and until their successors are appointed, confirmed and qualified. Persons appointed to vacancies in such positions also serve until their successors are appointed, confirmed and qualified. Difference between personal term of officer and statutory term which pertains to Office discussed. 73-99
The appointing authority has broad discretion to determine the interests and abilities of persons appointed to a "51.42 board." 78-56
Civil service
Where a county board has established a civil service ordinance applicable to all county personnel other than the exceptions provided in sec. 59.07(20), Stats., the Director of the 51.42 Board does not have authority to grant vacation with pay to a 51.42 Board employe which is not authorized under the county civil service ordinance. 67-143
Corporation Council
Corporation Council should provide legal advice and representation to 51.42 and 51.437 Boards as well as to the County Board. 63-468
County Board
The County Board of Supervisors may require its approval of contracts for purchase of services by the Community Services Board if so specified in its coordinated plan and budget. Otherwise it may not. 69-128
Legal counsel
Section 51.42(5)(h)7. permits multicounty 51.42/51.437 Board to retain private legal counsel only where the Corporation Counsel of each county, or District Attorney of each county not having a Corporation Counsel, notifies the Board that he or she is unable to provide specific services in a timely manner. Litigation, as used in section 59.44(3), applies only to civil court proceedings and does not include grievance proceedings or proceedings before an administrative agency. 73-8
Liability, reimbursement and collection for services
Liability, reimbursement and collection for services provided under secs. 51.42 and 51.437, Stats., programs discussed. 65-49; 63-560
Menominee Indians
Individual Menominee Tribe members are eligible to participate in voluntary programs mandated in ch. 51, Stats., but the State cannot accept tribe members into involuntary programs on the basis of tribal court orders alone. 70-219
Minors
A juvenile court may order a 51.42 or 51.437 Board to provide care or treatment to a minor found to be in need of protection or services subject to conditions of ch. 51, Stats. 72-30
Multi-county boards
Although a multi-county combined 51.42/51.437 Board may make cuts in non-emergency services to the residents of a county that does not provide its proportionate share of funding to that board, an individual county may not escape its statutory obligation to provide non-emergency services to its residents under sections 51.42(1)(b) and 51.437(4), Stats., by refusing to make such funding available to the combined Board. 73-96
Powers
A multi-county sec. 51.42/51.437 Board is not an independent agency or body corporate, but is an agency of the contracting counties. The District Attorneys or Corporation Counsel of the contracting counties are required to furnish legal advice and representation to such Board. The sec. 51.42/51.437 Board, however, has limited power to contract with private attorneys for the furnishing of certain legal services to clients pursuant to secs. 47.03(17), 46.036, 51.42(5), 51.437(5) and 55.04(1)(a)8., Stats. Counties could jointly employ a county Corporation Counsel to furnish legal services of a civil nature to the Human Services Board by reason of secs. 59.025(3), 59.07(44), Stats. (Unpub.). 38-1982
Resignation of member
Member of combined 51.42/51.437 Board who is also County Board member may resign from combined Board and County Board has duty to fill vacancy within reasonable time. (Unpub.). 33-1975
Sheriff to furnish transportation
Section 51.20(14), Stats., requires Sheriff to furnish transportation to any individual who is the subject of a petition under sec. 57.20, Stats., at all stages of the proceedings, regardless of any provision for reimbursement for transportation costs. 68-223
Term of office
Although a county board of supervisors can require that a certain number of persons be supervisors at the time of their appointment to a 51.42, 51.437 or 115.86 Board, members are entitled to serve the term for which they were appointed, unless removed, without reference to the termination of their office as county board supervisors. (Unpub.). 12-1983
FIRE DEPARTMENT
City
A city probably can contract with a county to provide fire protection to a county institution located outside of boundaries of said city. 62-84
County
A city probably can contract with a county to provide fire protection to a county institution located outside of boundaries of said city. 62-84
County trunk highway fire
Each town board providing fire protection and whose fire fighting facility responds to a fire call occasioned by a motor vehicle fire on a county trunk highway maintained by the county is entitled to reimbursements by the county an amount not to exceed $100. 63-326
Fourth Amendment warrant requirements
State Arson Bureau and local fire and police departments are subject to the Fourth Amendment warrant requirements of the United States Constitution in conducting searches for evidence of arson. If consent to search is sought, very general guidelines are that a tenant or co-tenant may consent to search of area under his control, while consent to search a common area may be given by landlord or, if objector could not reasonably expect privacy, by a tenant. 68-225
Joint department; three villages and one city
Section 61.65(2), Stats., permits three or more municipalities, including a mixture of three villages and a city, to establish and operate a joint fire department. Recourse to section 66.30 does not appear to be necessary or appropriate for the purpose of creating such a joint fire department. 74-154
Milwaukee Board of Fire and Police Commissioners
The Milwaukee Board of Fire and Police Commissioners does not have original rule-making authority under sec. 62.50(23), Stats. The Board can suspend rules prescribed by the chiefs of the fire and police departments and can enact rules to replace the suspended rules. 71-60
Milwaukee, City of
The City of Milwaukee has the authority to set a mandatory retirement age for its police and fire chiefs by charter ordinance within the guidelines of the United States Age Discrimination in Employment Act. Such mandatory retirement can apply to the incumbent chiefs. 69-232
Open Meeting Law
Volunteer fire department organized as a nonprofit corporation pursuant to sec. 213.05, Stats., is not a governmental or quasi-governmental corporation and is not subject to provisions of the Open Meeting Law, secs. 19.81-19.98, Stats. 66-113
Police and fire services combined
Village public safety officers are not entitled to the section 891.45, Stats., presumption unless they are designated as primarily firefighters by the village or they have duties as a firefighter during a five-year period for two thirds of their working hours. 78-185
