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
City has power to create an ordinance making possession of marijuana an offense in the City of Milwaukee. 63 OAG 107 discussed. (Unpub.). July 9, 1975
Milwaukee County
If all the municipalities in Milwaukee County establish their own system or combine with several other municipalities to establish a system with a central location, Milwaukee County would be required to establish a system which connects with all central locations of the emergency telephone systems established in the County. It is possible that a mandamus proceeding could be instituted against public officials to obtain compliance with the provisions of the statute. 68-165
Milwaukee School Board
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
Mobile homes
In a town in which a county-wide zoning ordinance is effective, a town ordinance which purports to regulate the location of the individual mobile homes is a zoning ordinance which can only be enacted in compliance with the provisions of sec. 60.74(7) or (8), Stats. Once the exercise of town zoning authority under sec. 60.74(7), Stats., is approved by referendum, town zoning ordinances and amendments need only be approved by the county board. Section 60.74(7), Stats., required the appropriate town authorities to hold a public hearing on town zoning, but no further hearing by the county authorities is required. 65-288
Mutual funds
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
Nonresident property owners
1973 Senate Bill 59 contains inconsistent provisions which require redrafting, although the general intent of the Bill appears to be to provide nonresident property owners with a voice in both metropolitan sewerage district and town sanitary district bond elections. Such a limited extension of voting rights probably would not infringe the local district electors' federal or state constitutional guarantees of equal protection. Such extension of suffrage probably is required to be submitted to a vote of the electors of the State, under art. III, sec. 1, Wis. Const. 63-391
Nursing homes
A village has power to own and operate a home for the aged, finance the same under secs. 66.066, 66.067, and lease facility to a nonprofit corporation but probably could not lease facility to a profit corporation for operation. 62-226
Open meeting
Boards of review cannot rely on exemptions in Open Meeting Law, sec. 19.85(1), Stats., to close any meeting in view of explicit requirements in sec. 70.47(2m), Stats. 65-162
Common Council's practice of giving notice in December of all contemplated meetings and general subjects to be considered during the next year does not comply with notice requirements of sec. 19.84(1)(4), Stats., even where detailed agenda is available for inspection in City Clerk's office four hours before meeting. Governmental body cannot commence an open session, convene in closed session, and reconvene into open session within twelve hours unless notice of such subsequent open session was given in the same manner as the public notice of the first open session. (Unpub.). 111-1979
Sections 895.35 and 895.46, Stats., apply to actions for open meetings law violations to the same extent they apply to other actions against public officers and employes, except that public officials cannot be reimbursed for forfeitures they are ordered to pay for violating the open meetings law. 77-177
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
Ordinances
Codification and publication of municipal ordinances discussed. 70-124
The ordinance adopted by the Village of West Milwaukee which authorizes the placement of an immobilization device on an automobile of an individual who has ten or more outstanding or otherwise unsettled traffic violations does not constitute a valid exercise of a municipality's authority under Wisconsin law. 77-73
