City school district
Subject to approval of the fiscal board or the city council, a city school district has the authority to sell real and personal property no longer used for school purposes. Under sec. 120.56(2), Stats., money received from such sales must be placed in a sinking fund under the control of the fiscal board to be used for educational purposes. Municipalities may enter into an agreement with a joint school district to provide for the sale or transfer of property being used by the school district for educational purposes. Such agreement may provide for the payment of the purchase price in services, materials or property provided that the value of such purchase price constitutes fair market value. 66-272
Class "B" liquor licensees
Class "B" liquor licensees must be similarly treated by a municipality as to the hours they may be open for sales of liquor. 63-597
Code of ethics ordinance
County Board may provide for a penalty in the nature of a forfeiture for violation of a code of ethics ordinance but may not bar violators from running for office. Violation is not a neglect of duties required by law under sec. 59.10, Stats., or ipso facto cause for removal from office under sec. 17.09(1), Stats. 66-148
Commission members indemnification protection
Where a commission is created by two villages, acting pursuant to section 66.30, Stats., for a joint exercise of a power possessed by such villages, its voting members, whether drawn from the governing bodies of such villages or from citizen-residents thereof, are public officers, who enjoy the indemnification protection provided by section 895.46(1). A non-voting member of such commission, who cannot serve as an officer thereof, and whose sole power and duty is to provide "input" to the commission relative to the particular needs of the corporation appointing him/her to the commission, is neither a public officer nor a public employe, so as to enjoy the indemnification protection of section 895.46(1). Moreover, such non-voting commission member is not entitled to such protection as an agent of any department of the State of Wisconsin. 74-208
Controlled substances"
Chapter 161, Stats., the Uniform Controlled Substances Act, precludes the enactment of municipal ordinances regulating the sale and possession of such "controlled substances" as marijuana. 63-107
Drug testing; pre-employment
A municipality's decision to require pre-employment drug testing for prospective employes must balance the need for testing in particular positions against the invasion of personal rights that the search entails, considering all relevant factors. 76-257
Dwelling Code
Liability of local units of government in adopting and enforcing the One- and Two-Family Dwelling Code discussed. 69-197
The one- and two-family dwelling code is applicable to additions of any buildings initially constructed after the effective date of the one- and two-family dwelling code act and the Department of Industry, Labor and Human Relations can exempt certain dwellings from aspects of code. 67-191
Electric company
Section 66.60(16) authorizes cities owning their own electric companies to pass ordinances allowing unpaid charges for furnished electricity to be placed on the tax bill of the receiving property; section 66.069(1)(b) cannot be construed to authorize such ordinances. 73-128
Electric utility
A municipal public utility commission managing a city-owned public electric utility is a governmental body under sec. 19.82(1), Stats., and its meetings are subject to secs. 19.81-19.98, Stats. 65-243
Fire department, joint control
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
Forest tax programs
Although public tax-exempt entities such as municipalities may neither enter nor continue their lands in the forest tax programs of chapter 77, Stats., private entities whose property would otherwise normally be tax-exempt under chapter 70 may participate in such programs. 77-280
Forfeiture action
A municipality must pay the five dollar fee imposed under section 814.63(2), Stats., upon disposition of a forfeiture action in circuit court for a municipal ordinance violation. The fee may not be passed on to the defendant. 80-151
Municipality must pay five dollars nonrefundable fee provided for in sec. 814.63(2), Stats., where a forfeiture action has been disposed of in circuit court after transfer from municipal court upon demand for jury. 72-129
Grocery store employes
Municipalities may not require by ordinance that all grocery and liquor store employes and bartenders must obtain bartenders' or operators' licenses, such ordinances being in conflict with the provisions of chapter 125, Stats. 76-86
Groundwater pollution
To accomplish public health protection as well as prevention of groundwater pollution, a county health commission, where such activity is undertaken with the consent of the property owner, can authorize its staff to enter private property for the purpose of determining the location of an existing private sewage disposal system. If consent of the property owner to such activity on his premises is not obtained, it can only be undertaken by county health commission staff pursuant to a special inspection warrant obtained under sec. 66.122, Stats. 63-337
Human relations programs
Functions of a community relations-social development commission authorized under sec. 66.433, Stats., are not limited to study, analysis and planning, but have authority to carry out some human relations programs providing services directly to citizens. 63-182
Indigents
A defendant may be incarcerated by court order for failing to pay a fine imposed for the violation of a municipal ordinance. Unless the defendant applies to the court and obtains relief on the grounds that because of his indigency he is unable to pay the fine, the Sheriff may lawfully accept and hold such defendant in the county jail. 64-94
Law enforcement officials of this State, insofar as it is within their power to do so, ought to establish procedures for giving notice to those who face possible incarceration on account of their failure to pay a fine of their constitutional right not to be confined if the failure to pay the fine results from their indigency and of their right to a hearing on the question of their indigency. 64-98
Intoxicating liquors
Class "B" liquor licensees must be similarly treated by a municipality as to the hours they may be open for sales of liquor. 63-597
Investments
Municipal funds may be invested in savings and loan associations to the extent permitted by sec. 219.05(1), Stats. 62-312
Municipalities and other local governmental entities may only invest in certain specifically authorized bonds, securities, deposits, etc., and may not invest in mutual funds, even if the assets of such funds consist solely of statutorily-allowed bonds and securities. 77-274
Law enforcement
Counties and municipalities do not have authority to regulate the interception and rebroadcast of local law enforcement agency radio communications. 64-103
Law enforcement contracts with counties
Under section 66.30, Stats., and subject to some limitation, a county may furnish certain supplemental law enforcement services to villages and towns within the county. The County Sheriff's consent to provide such supplemental services and the Sheriff's approval of such a contract is required. 75-119
Law enforcement contracts with municipalities
Under sec. 66.30, Stats., a county may contract to furnish certain law enforcement services to cities, villages and towns within the county but cannot take over all law enforcement functions. A deputy sheriff may not be designated as a city police chief. 65-47
Under section 66.30, Stats., and subject to some limitation, a county may furnish certain supplemental law enforcement services to villages and towns within the county. The County Sheriff's consent to provide such supplemental services and the Sheriff's approval of such a contract is required. 75-119
Libraries
Municipal libraries are a matter of statewide concern. Accordingly, home rule provisions will not justify local departures from the provisions of chapter 43, Stats. 76-203
Library tax levy
A town, city or village which does not maintain a public library, as a municipality or jointly with another municipality under contract, but which makes contributions to a nearby public library, cannot be exempted from the county library tax levy under sec. 43.64(2), Stats. 65-182
Lime pit
Pursuant to secs. 59.07(1)(a) and 59.873, Stats., a county can own and operate a lime pit in another county, within reasonable distance, if such operation is necessary to obtain sufficient supply to furnish lime at cost to farmers within the county operating such pit. However, absent a co operation agreement pursuant to sec. 66.30, Stats., lime cannot be sold or distributed to farmers in such other county. 66-72
Liquor store employes
Municipalities may not require by ordinance that all grocery and liquor store employes and bartenders must obtain bartenders' or operators' licenses, such ordinances being in conflict with the provisions of chapter 125, Stats. 76-86
Madison Public Library
The Madison Public Library can charge user fees for any services that fall outside of a library's inherent information-providing functions; services that constitute core "library services" must be provided free of charge to the inhabitants of the municipality; a one-dollar fee can be collected for lending duplicate copies of best seller books. 73-86
Milwaukee, City of
