Fire and police services combined
Village public safety officers are not entitled to the section 891.45, Stats., presumption unless they are designated as primarily firefighters by the village or they have duties as a firefighter during a five-year period for two-thirds of their working hours. 78-185
Indians
The Menominee County Sheriffs Department and the Menominee tribal police may carry out a program of cross-deputization. Menominee tribal police must meet the statutory and constitutional requirements for appointment as deputy sheriffs. (Unpub.). 93-1979
Jail officer, temporary
Section 165.85(4)(b)2, Stats., does not preclude the temporary assignment of uncertified persons to fill in as jail officers when necessary as a result of sickness, vacations or scheduling conflicts. 78-146
Jurisdiction
Where not acting pursuant to mutual assistance statutes, Clark County officers do not have authority to conduct police operations in each and every territory in which a traffic offense triable in Clark County Circuit Court may arise. 69-194
Mayor reinstating discharged officer
A mayor in a city with a police and fire commission does not, under section 62.09(8)(a), (d) and (13)(a), Stats., have the authority to order the chief of police to reinstate a discharged probationary police officer, in light of the powers and duties of the chief and the police and fire commission under section 62.13(4). 81-1
Mileage fees
In general, sheriff, traffic officer or policeman who issues a uniform traffic citation where no warrant has been issued is not entitled to service or mileage fees for delivering citation. 63-99
Milwaukee Board of Fire and Police Commissioners
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
The City of Milwaukee has the authority to set a mandatory retirement 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 and Fire Commission
A mayor in a city with a police and fire commission does not, under section 62.09(8)(a), (d) and (13)(a), Stats., have the authority to order the chief of police to reinstate a discharged probationary police officer, in light of the powers and duties of the chief and the police and fire commission under section 62.13(4). 81-1
Posse comitatus
A state traffic patrol officer should not except in extreme emergencies be impressed for service as part of a posse comitatus pursuant to sec. 59.24(1), Stats. Where duly impressed he is entitled to worker's compensation, if injured, from the county or municipality but would not be entitled to regular pay from the State and probably would not be entitled to worker's compensation from the State. 62-38
Public records
Sheriffs radio log, intradepartmental documents kept by sheriff and blood test records of deceased automobile drivers in hands of sheriff are public records subject to inspection and copying under sec. 19.21(2), Stats., and subject to limitations contained in court cases cited which place duty on custodian to withhold disclosure where substantial harmful effect upon the public interest would result. Specific reason for withholding must be given which may be tested by mandamus in the courts. Such records do not appear to be records required by law to be kept by sheriff. Where records are required by law to be kept by sheriff, right of inspection exists under sec. 59.14(1), Stats. That portion of 41 OAG 237 (1952) inconsistent with this opinion is repudiated. 67-12
Public schools
School boards have authority to enforce policies which mandate the manner, conditions, and content of police interviews with students on school premises during school hours, although they should exercise considerable restraint in doing so. The preferable course is for school boards and local law enforcement to work together to jointly develop policies that will best serve the legitimate needs of each government arm, without unnecessarily intruding on those of the other. 81-126
Reinstatement of discharged officer
A mayor in a city with a police and fire commission does not, under section 62.09(8)(a), (d) and (13)(a), Stats., have the authority to order the chief of police to reinstate a discharged probationary police officer, in light of the powers and duties of the chief and the police and fire commission under section 62.13(4). 81-1
Release on bail denied discussed
Acting under the authority of section 969.07, Stats., local law enforcement officials may deny release from custody to a person arrested for a misdemeanor if in the officials' opinion the person is not in a fit condition to care for his or her own safety or would constitute, because of his or her physical condition, a danger to the safety of others. 75-209
Residency
Whereas a deputy sheriff must be a resident of the county for which appointed, secs. 59.24(2), 66.30, 66.305 and 66.315, Stats., would allow such deputy to serve in an adjacent county upon request for mutual assistance. 62-250
Retirement funds
Section 40.21(4), Stats., limits prospective mandatory Wisconsin Retirement System coverage to present and future police and firefighter employes of cities and villages that had police and firefighter employes included in the Wisconsin Retirement Fund prior to March 31, 1978. 75-34
Security guards
Police officers working as private security persons are subject to the same licensing provisions in sec. 440.26, Stats., as are non-police officers. 69-226
Student interviews at school
School boards have authority to enforce policies which mandate the manner, conditions, and content of police interviews with students on school premises during school hours, although they should exercise considerable restraint in doing so. The preferable course is for school boards and local law enforcement to work together to jointly develop policies that will best serve the legitimate needs of each government arm, without unnecessarily intruding on those of the other. 81-126
Surety bonds
Law enforcement officers may be authorized by court rule to accept surety bonds for, or, under specified circumstances, 10 percent cash deposits of, the amount listed in a misdemeanor bail schedule when an accused cannot be promptly taken before a judge for bail determination. However, such rules may not afford officers discretion as to the amount or form of bail an individual accused must post. 63-241
Testimony, credibility of
In a criminal case in which a police officer testifies as a witness for the prosecution, a district attorney may have a duty under Brady v. Maryland, 373 U.S. 83 (1963), to disclose to the defendant information that another police officer in the same police department had claimed that the officer witness did not tell the truth under oath in court in another, unrelated case. 75-62
Town constable
Powers of town constable are largely statutory and include power to make arrests for violations of state traffic laws and enforce town traffic ordinances. Town board has only limited control over such officer and cannot restrict such officer's statutory law enforcement activities. Annual town meeting of electors establishes compensation in lieu of statutory fees. 68-254
Tribal police
The Menominee County Sheriff's Department and the Menominee tribal police may carry out a program of cross-deputization. Menominee tribal police must meet the statutory and constitutional requirements for appointment as deputy sheriffs. (Unpub.). 93-1979
University
The University of Wisconsin has no authority to agree to hold harmless a county that incurs liability because of a university officer's torts, but the common law of indemnification would require such officer to indemnify that county and statutory indemnification would require the state to indemnify the officer when acting in the scope of his/her employment. A county sheriff may deputize university campus police officers and restrict that deputization to particular times, places and crimes. An otherwise valid arrest would not be rendered invalid, however, solely because the officer exceeded the scope of that deputization. 78-1
Unmarked police car
A person who flees or attempts to elude an unmarked police car, with flashing red lights and/or siren operating, does not violate sec. 346.04(3), Stats., unless the person knows that the signal from the unmarked vehicle was given by a traffic officer. 65-27
Warrantless arrest
A warrantless arrest and detention for bail jumping, section 946.49, Stats., is authorized if probable cause exists that the arrestee violated the contact prohibition in section 968.075(5)(a)1. after being released under chapter 969. 78-177
Water safety patrol officers
Water safety patrol officers in county patrol, created as a separate agency, do not have to be deputized by Sheriff to enforce secs. 30.50-30.80, Stats., Wisconsin's regulation of boating law. 65-169
Witness fees
Where it is duty of county traffic officer to prosecute or assist in prosecution of county traffic offense he is not entitled to witness fees but may be paid additional compensation where duty takes place outside regular working hours. 62-93
Worker's compensation
A state traffic patrol officer should not except in extreme emergencies be impressed for service as part of a posse comitatus pursuant to sec. 59.24(1), Stats. Where duly impressed he is entitled to worker's compensation, if injured, from the county or municipality but would not be entitled to regular pay from the State and probably would not be entitled to worker's compensation from the State. 62-38
POLITICAL FUND
See FUNDS
