Jurisdiction
Public Law 280 (67 Stat. 588, 28 U.S.C. sec. 1360 and 18 U.S.C. sec. 1162) is not applicable to the Menominee Tribe but state jurisdiction will continue until the federal and tribal governments assume jurisdiction pursuant to the Menominee Restoration Act. Menominee County, or portions thereof, could be merged with an adjoining county or counties by procedures set forth in sec. 59.997, Wis. Stats., but any division of the County would require prior majority vote of the County's legal voters. 64-184
Jurisdictional relationship
Jurisdictional relationship between State and Menominee Tribe discussed. 70-36
Law Enforcememt
A county has statutory authority to enter into a joint law enforcement agreement with an Indian tribe which locates a joint telecommunications terminal in a tribal building, so long as the terminal is properly secured, supervised and under the control of a county law enforcement agency. 80-91
Taxation
Property held in trust by the federal government for the Menominee Tribe and tribal members pursuant to the Menominee Restoration Act (25 U.S.C. sec. 903, et. seq.) is not subject to state taxation. Tribal members residing and working in Menominee County and the Menominee Tribe are not subject to state income tax. Government services to be provided by Menominee County and the Town of Menominee discussed. 66-290
Telecommunications
A county has statutory authority to enter into a joint law enforcement agreement with an Indian tribe which locates a joint telecommunications terminal in a tribal building, so long as the terminal is properly secured, supervised and under the control of a county law enforcement agency. 80-91
Traffic laws
The State has jurisdiction over members of the Menominee Tribe on public roads and highways within the Menominee Reservation in respect to the enforcement of state traffic laws that are necessary to protect the highways against depredation or that would impair their use as a public right-of-way. State law enforcement officers can arrest any person who commits a federal offense in their presence. 66-115
MENTAL HEALTH ACT
Amendment
Amendment of the Mental Health Act as proposed in 1981 Assembly Bill 262 would be unconstitutional. 71-34
Protective service system
The provisions of ch. 51, the Mental Health Act, and ch. 55, the protective service system, are compatible if each is used for its intended purpose and in the manner directed by the Legislature. 72-194
MENTALLY HANDICAPPED
See CHILDREN; INSANE
MIGRANT WORKERS
See LABOR
MILITARY PERSONNEL
See VETERANS
MILWAUKEE BOARD OF POLICE AND FIRE COMMISSIONERS
Rule-making authority
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
CETA employes
The City of Milwaukee cannot terminate a CETA employe's membership in the Retirement System on grounds not in effect by the time membership was attained, except as otherwise expressly provided by the Legislature. (Unpub.). 41-1978
Mandatory retirement age for its police and fire chiefs
The City of Milwaukee has the authority to set a mandatory requirement 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
Police, Chief of
Common Council of City of Milwaukee has power by reason of Wisconsin Constitution article XI, section 3, and section 62.03(2), Stats., to enact charter ordinance adopting section 62.09(13)(a), which provides that the Chief of Police shall have command of the police force of the City under the direction of the Mayor and that it is the duty of the Chief to obey all lawful written orders of the Mayor or Common Council. 73-64
Truancy ordinance
Common Council of City of Milwaukee is without power under home rule provision of the Wisconsin Constitution or under its special charter and sec. 62.11(5) to adopt an anti-truancy ordinance. State has provided special procedures in secs. 118.15 and 118.16, and has designated the school district board as its agent to deal with matters of local concern in this area. 72-156
MILWAUKEE COUNTY
District Attorney
Staff positions in the Milwaukee District Attorney's office, which are mandated by statute as unclassified positions must be created in the unclassified service, unless the county's Civil Service Commission determines that transferring these positions to the classified service is necessary to secure the best service for the county. (Unpub.). 17-1989
Fair housing ordinance
Counties may adopt and enforce fair housing ordinances under section 66.432, Stats., in municipalities within such counties which already have enacted their own fair housing ordinance. No double jeopardy problem arises if a county and a municipality in the county simultaneously seek to enforce their fair housing ordinances in connection with a single act of discrimination, provided that a violation of one or both of the ordinances is punishable only by a forfeiture. Section 66.432 authorizes cities, villages, towns and counties to prohibit bases of discrimination in addition to those specified in sections 66.432 and 101.22. 74-234
Public assistance applicants, fingerprinting
A county may not require or request that a public assistance applicant or recipient provide a fingerprint for the purposes of identification as a precondition to receiving aid. 74-185
MILWAUKEE SCHOOL BOARD
Retirement plan
Authority of a state or governmental subdivision to provide a retirement plan in lieu of or supplemental to existing statutory plans discussed. The Milwaukee School Board is authorized by sec. 111.70, Stats., to contract for a retirement system supplementary to the existing statutory system. 67-153
MINERAL RIGHTS
County owned
Counties may not transfer county owned mineral rights, acquired through nonpayment of taxes, to private persons without following the appraisal and public sale provisions of sec. 75.69, Stats. Under sec. 59.07(1)(c), Stats., counties may make gifts of land or interests in lands only to enumerated public entities. 67-236
Federal mineral lottery
A person who for a fee files applications for others in federal mineral lottery with respect to securing oil or mining lease rights on federal lands, and who for further fee offers to negotiate with lease brokers for sale of such rights, is required to be licensed as a real estate broker if such leases constitute an interest in real estate in state where located. (Unpub.). 107-1977
Fees for mining permit
All staff work necessary to determine whether an applicant meets the requirements of the Metallic Mining Reclamation Act must be included in the cost of evaluating the permit, including any evaluation of compliance with other environmental requirements. The withdrawal of a mining permit application by the applicant prior to a final decision on the application does not relieve the applicant from the obligation to pay the cost of evaluation. 76-150
Indian reservation
The state and tribal governments share jurisdiction to regulate prospecting and mining activity within reservation boundaries to the extent necessary to protect groundwater from contamination. 72-54
The state net proceeds occupation tax and mining permit process are generally not applicable to mining operations on the Sokaogon Reservation, whether those operations are conducted by the Tribe or by a non-Indian lessee. Any federal environmental impact statement required by the federal government would legally need to be shared with or presented to the State. The applicability of state pollution control laws to mining activity on the reservation is also discussed. 75-220
Lapsed mineral rights
