Acquired Immune Deficiency Syndrome
A police and fire commission is an employer under section 103.15, Stats., and may not test paramedic candidates for the HIV virus. Civil liability of the commission and the city it serves for claims brought by individuals who can prove that they contracted the HIV virus through employment-related contacts with paramedics discussed. 77-181
Liability
Interpretation of new law rendering "good Samaritans" immune from civil liability for good faith acts or omissions in giving emergency care at the scene of an emergency or accident. Statute excludes from protection health care practitioners who make their living or who specifically are paid for providing emergency care at the scene of an emergency or accident. 67-218
Services performed
The Department of Health and Social Services by rule may authorize the ambulance attendants to perform emergency care services which the statutes specify also are performable by paramedics, but only to the extent the Department finds that the attendants can perform those services safely by reason of their training. Attendants can perform those services under proper supervision of a physician unless the Department provides otherwise by rule, but the physician's decision to delegate a service to an attendant is reviewable by the Medical Examining Board and the attendant's decision to accept the delegation is reviewable by the Department. 68-299
Standards
The Department of Health and Social Services has authority to establish standards for ambulance attendants under sec. 146.50, Stats. Discussion of malpractice liability of state officers and employes. 67-145
PARENTAL RIGHTS
See CHILDREN
PARKING
Arrest
Section 349.03(2m), Stats., prohibits both prejudgment and postjudgment arrest for failure to pay a parking forfeiture. 70-285
Nonmoving traffic violation
As used in sec. 165.87(2), Stats., the words "nonmoving traffic violations" apply only to violations of ordinances adopted under secs. 349.13 and 349.14, Stats., and violations of secs. 346.50 through 346.55, Stats. 66-308
State office building
It is possible for the State to lease one of its parking facilities to an independent contractor upon a finding that an independent contractor can perform the service of operating and maintaining the parking facility more economically or more efficiently than the civil service system. Sec. 16.06, Stats. 62-183
PARKS
See also COUNTY PARK COMMISSION; OUTDOOR RECREATION ACT; STATE PARKS
Counties
An agreement to purchase park land whereby a county is to make deferred payments from an existing nonlapsing account (sufficient to cover the entire obligation) secured by mortgaging the property to the grantor, would not create an obligation within the ambit of ch. 67, Stats., nor constitute a debt in the context of art. XI, sec. 3, Wis. Const. 63-309
Milwaukee County
Total prohibition of all use of all Milwaukee County park buildings for political purposes is unconstitutional. Validity of regulations restricting political assemblies to certain areas of certain parks depends on whether the restrictions may be considered reasonable "time, place and manner" regulations. Current sec. 47.02, Milwaukee County ordinances, vests unbridled discretion in permit-granting authority. To withstand constitutional attack explicit, objective standards ensuring even-handed application of the ordinance must be provided. 67-16
Town sanitary district
Town sanitary district organized under secs. 60.30-60.309, Stats., has power to levy special assessments for improvements against county-owned park lands located within the district. 64-206
PARTNERSHIP ACT
Power of attorney
Under the Limited Partnership Act, certificates required to be filed need not be accompanied by documents evidencing power of attorney. (Unpub.). 6-1985
PATERNITY
See CHILDREN
PATIENTS
See also PHYSICIANS AND SURGEONS
Prisons and prisoners
An individual in custody of the Sheriff for transport to, from and during an involuntary commitment hearing under sec. 51.20, Stats., has rights to the least restrictive restraint appropriate for the individual, regardless of the individual's patient status under sec. 51.61, Stats. 71-183
PENAL INSTITUTIONS
See PRISONS AND PRISONERS
PENSIONS
See also RETIREMENT SYSTEMS
Benefits and costs
The Legislature would not commit an unfair labor practice if it unilaterally increased state employe pension benefits and costs. Such increases would not apply to employes in collective bargaining units, however, unless the Legislature so provided expressly or by necessary implication. The Group Insurance Board, however, being a part of the executive branch of government, would commit an unfair labor practice if it unilaterally increased benefits and costs to state employes in collective bargaining units. The removal of state employes from the state retirement system, the cessation of all contributions thereto, and the removal of a bargaining unit from the provisions of ch. 40 are subjects of collective bargaining under the State Employment Labor Relations Act. 64-18
Milwaukee
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
Teacher's Retirement Fund
Discussion of authority of Employe Trust Funds Board to change the form of payment to members of retirement benefits resulting from additional deposits in the Wisconsin Retirement Fund, State Teachers Retirement System and Milwaukee Teachers Retirement Fund. (Unpub.). 80-1977
PER DIEMS
See PUBLIC OFFICIALS
PERMITS
See LICENSES AND PERMITS
PERSONNEL BOARD
Clerical occupational group
The Personnel Board may not approve the assignment of a classification in the clerical occupational group to a lower pay range than the pay range to which a classification in a different occupational group is assigned if the classifications include positions involving "work of equivalent skills and responsibilities." The phrase "the principle of equal pay for work of equivalent skills and responsibilities" contained in sec. 230.09(2)(b), Stats., requires equal pay only for substantially similar or equal work. The Board may not give retroactive effect to the establishment of classifications and grade levels or the assignment of classifications to the appropriate pay rates or ranges. 68-190
PERSONNEL COMMISSION
Discrimination
A state agency may insist on the presence of legal counsel when making agency personnel available for informal interviews conducted by Personnel Commission equal rights officers in the course of investigating complaints of employment discrimination against such state agency, where the equal rights officer wishes to (1) conduct on the job interviews of nonmanagerial personnel, or (2) interview agency supervisors who are not named or "immediately" involved in the discriminatory actions in question. 70-167
The Personnel Commission possesses the same powers and duties in processing discrimination complaints involving a state agency as employer as those exercised by the Department of Industry, Labor and Human Relations with respect to discrimination complaints involving an employer other than a state agency including the power to investigate complaints and to issue subpoenas. 68-403
Quorum
A single member of the Personnel Commission is empowered to act as the Commission where two of the three Commission positions are vacant. 68-323
