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
POLLUTION
See also NATURAL RESOURCES, DEPARTMENT OF; WASTE MANAGEMENT; WATER POLLUTION
Air
A work area established only by movable partitions which do not extend completely from floor to ceiling is not included in the term "office" as defined in section 101.123(1)(c), Stats. (Unpub.). 21-1984
Air quality"
The definition of "air quality" contained in State Amendment 2 to 1973 Senate Bill 40 is adequate to comply with the federal Clean Air Act of 1970 (P.L. 91-604) as recently construed in federal court decisions. The definition of "existing ambient air quality" as it is contained in Senate Amendment 2 to 1973 Senate Bill 40 may be in conflict with any base line reference date for existing air quality which may be adopted under the Clean Air Act of 1970 as recently construed in federal court decisions. 63-64
Aquatic nuisance control. 63-260
Federal Clean Air Act
Assembly Bill 221, if enacted, would be superseded under federal Clean Air Act of 1970. 62-165
Indian reservations
Chapter 147, Stats., relating to water pollution control, did not authorize DNR to regulate Indian reservations and lands since the Legislature, in adopting provisions fashioned after federal law, intentionally omitted Indian tribal organizations from the scope of coverage while charged with knowledge that the State generally lacks power to regulate within sovereign Indian territory. (Unpub.). 51-1978
Mining operations
The state net proceeds occupation tax and mining permit process are generally not applicable to mining operations on the Sokaogon Reservation, whether those operations are conducted by the Tribe or by a non-Indian lessee. Any federal environmental impact statement required by the federal government would legally need to be shared with or presented to the State. The applicability of state pollution control laws to mining activity on the Reservation is also discussed. 75-220
Petroleum Environmental Cleanup Fund Award
The state may use the proceeds from general obligation bonds to fund an expansion of the Petroleum Environmental Cleanup Fund Award Program. 81-114
Property owners
Individual property owners incidentally affected by a Department of Natural Resources legislative decision to approve or disapprove plans for an air contaminant source pursuant to sec. 144.39, Stats., are not guaranteed a hearing before the Department by statute or by constitutional provisions of due process. Thus, proceedings under sec. 144.39, Stats., do not constitute a contested case. 64-115
Smoking
A work area established only by movable partitions which do not extend completely from floor to ceiling is not included in the term "office" as defined in section 101.123(1)(c), Stats. (Unpub.). 21-1984
State discharge permits
Assembly Bill 128 which is designed to create a system of state discharge permits congruent with the National Pollutant Discharge Elimination System created by the Federal Water Pollution Control Act Amendments of 1972 (P.L. 92-500) cannot be amended to tie deadlines under the state law to the availability of federal financial assistance for municipalities without violating the federal Act. 62-115
Water pollution control
Chapter 147, Stats., relating to water pollution control, did not authorize DNR to regulate Indian reservations and lands since the Legislature, in adopting provisions fashioned after federal law, intentionally omitted Indian tribal organizations from the scope of coverage while charged with knowledge that the State generally lacks power to regulate within sovereign Indian territory. (Unpub.). 51-1978
