Wisconsin Legislature: OFFlCERS AND OFFICES

Licensed practical nurse

If acting under the supervision and direction of an R.N., an L.P.N. may manage patient care and other L.P.N.'s or less skilled assistants; supervision does not require the immediate physical presence of an R.N. and may be fulfilled by any mechanism which insures safe nursing care. (Unpub.). 30-1982

Medicaid and contracts for prospective residents

Discussion of federal and state law regarding the practice of requiring a prospective nursing home resident to forego medical assistance benefits for a stated period of time as a condition of admission. 75-14

Nursing home guarantor agreements may violate section 49.49(4), Stats., after the resident becomes certified Medicaid eligible. 76-295

Milwaukee County

Milwaukee County does not have authority to enact and enforce an ordinance which would establish certain rights of residents of nursing homes, group foster homes, residential care facilities and hospitals which contract for the care of residents. The State has given the Department of Health and Social Services preemptive authority over community-based residential facilities and nursing homes. 68-45

Protective placements

The responsibility for providing and funding facilities for protective placements under ch. 55, Stats., is primarily on the county. The statute does not require a county nursing home to accept such a placement. 66-249

Religion

Neither Wisconsin nor federal law prohibits a nursing home operated by a bona fide, nonprofit religious organization from giving preference in admission to members of that religion. 70-210

Nursing homes operated by religious or fraternal orders whose policies restrict admittance thereto to members thereof, are not exempt from the provisions of sec. 146.30, Stats., and rules adopted pursuant thereto, unless they come within the provisions contained in subsec. (12m) of said statute. 63-30

Richland County, bequest to Pine Valley Manor

The County Board, not the Board of Trustees, determines the disposition of a bequest made to a county institution operated pursuant to section 46.18, Stats. The County Board, acting pursuant to sections 59.07(101) and 59.75, may authorize the County Treasurer to place such a bequest in long-term investments, with the income from such investments to be expended at the institution. 73-125

Rock County Health Care Center

A county health facility may not charge for non-medical assistance services given to medical assistance patients in excess of medical assistance rates without violating section 49.49, Stats. 73-68

Village

A village has power to own and operate a home for the aged, finance the same under secs. 66.066, 66.067, Stats., and lease facility to a nonprofit corporation but probably could not lease to a profit corporation for operation. 62-226

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OFFlCERS AND OFFICES

See PUBLIC OFFICIALS; COMPATIBILITY

OLD AGE ASSISTANCE

Property taxes

The general concept of allowing elderly homeowners (age sixty-five or seventy) of low and moderate income to defer repayment of money advanced to them by the State for payment of their property taxes with such loan being secured by some type of priority lien on the property involved, is constitutional. However, funds for such a program cannot be obtained through general obligation bonding within the meaning and intent of Wis. Const. art. VIII, sec. 7. The financing of such a program with revenue bonds probably would be constitutional under Wis. Const. art. VIII, secs. 3, 4, 7. (Unpub.). 13-1981

ONEIDA INDIANS

See also INDIANS

Administrative Code

State does not have jurisdiction to enforce Wisconsin Administrative Code with respect to construction of buildings on Oneida Indian Reservation trust land. 58 OAG 91 (1969) withdrawn. 65-276

58 OAG 91 (1969) withdrawn

Bingo

If any element of the Oneida tribe television bingo game occurs off the reservation, it is subject to prosecution under Wisconsin criminal law. 80-332

Construction of buildings

State does not have jurisdiction to enforce Wisconsin Administrative Code with respect to construction of buildings on Oneida Indian Reservation trust land. 58 OAG 91 (1969) withdrawn. 65-276

58 OAG 91 (1969) withdrawn

Contracts

The Oneida Tribe is not a "municipality" within the meaning of sections 66.20 to 66.26, Stats. The Green Bay Metro Sewerage District may enter into an enforceable contract with the Tribe if certain conditions are met. 76-189

Green Bay Metropolitan Sewerage District

Law enforcement

While sheriffs lack statutory or common law authority to contract to provide county dispatch services to outside entities such as tribal public safety departments, sheriffs do have exclusive authority to instruct their deputies as to how such dispatch services should be performed in furtherance of their law enforcement functions. 78-85

Sewerage Commission

Section 144.07(4)(a), Stats., does not authorize joint sewerage commissions to include tribal governments as member governmental units. 72-132

OPEN MEETING

See also CONFIDENTIAL REPORTS; PUBLIC RECORDS; and articles found in Introduction to 49 OAG (1960), 54 OAG (1965), and 65 OAG (1976)

Accessible, without assistance, to persons with disabilities

State governmental bodies are required to hold meetings in places which are accessible, without assistance, to persons with disabilities. Local governmental bodies are required to hold meetings in places which are accessible with or without assistance to persons with disabilities. 69-251

Advisory committees

Department of Natural Resources advisory committees that have at least some members who are not officers or employes of the DNR and that are appointed by the board, the secretary, district directors, bureau directors or property managers are subject to the open meetings law. 78-67

Annual town meeting

A town board is a "governmental body" within the meaning of the Open Meetings Law and is subject to its provisions, including the notice requirements of secs. 19.83 and 19.84, Stats. An annual town meeting is a meeting of the electorate. It is not a "governmental body" within the meaning of the Open Meetings Law, and therefore, notice under subch. IV, ch. 19, Stats., is not required. If an annual town meeting is held at a time other than on the first Tuesday in April, notice must be given as required by secs. 60.17(2) and 60.13, Stats. Other Open Meetings Law notice requirements discussed. 66-237

Apprenticeship committees

Joint apprenticeship committees, appointed pursuant to Wis. Adm. Code, sec. Ind. 85.02, are governmental bodies within the meaning of sec. 66.77(2)(c), Stats., and subject to the requirements of the Open Meeting Law (sec. 66.77, Stats.). 63-363

Articles

Introduction to 49 OAG (1960), 54 OAG (1965) and 65 OAG (1976)

Attorneys

If there is no conflict between the Rules of the Board of Attorneys Professional Responsibility and the Open Meeting Law, it lies within the discretion of the Court to defer to legislative policy. If there is a conflict, the Court probably would conclude that the Open Meeting Law is inapplicable. (Unpub.). 67-1979

Attorneys' fees

Pursuant to sec. 895.35, Stats., a city council can, in limited circumstances, reimburse a council member for reasonable attorneys' fees incurred in defending an alleged violation of the Open Meeting Law, but cannot reimburse such member for any forfeiture imposed. Section 895.46(1), Stats., is not applicable to forfeiture actions. Such member could not be reimbursed, indirectly, under liability insurance policy procured by a municipality, for any forfeiture imposed. 66-226

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

Bargaining

See Collective Bargaining