Budget bills
Section 16.49, Stats., does not prohibit or restrict an officer or employe from informing citizens of budget deliberations or suggesting that those citizens inform their elected officials of their opinions. 77-59
Business interests
Section 15.06(3)(a), Stats., does not prohibit a commissioner from having any business interests. It prohibits a commissioner from pursuing business interests which would prevent him or her from properly fulfilling the duties of the office of commissioner and precludes a commissioner from holding any public or private office or position of profit. 77-36
Code of Ethics ordinance
County Board may provide for a penalty in the nature of a forfeiture for violation of a Code of Ethics ordinance but may not bar violators from running for office. Violation is not a neglect of duties required by law under sec. 59.10, Stats., or ipso facto cause for removal from office under sec. 17.09(1), Stats. 66-148
Questions concerning proposed county Code of Ethics ordinance answered. 1. A county board may provide for a forfeiture but not a fine for violations of an ordinance. 66 OAG 148 (1977). 2. A county board lacks the authority to prohibit county clerk (Election Commission in Milwaukee County) from placing on ballot candidates who have not complied with Code of Ethics ordinance. 3. County board lacks the authority to order the withholding of salary of elected officials who fail to comply with a Code of Ethics ordinance. 4. The county board lacks authority to prohibit county officers from acting as agent or attorney for an entity other than the county in connection with any transaction involving the county in which such officers participate during the course of their service for a period of twelve months after leaving county service. 5. A board created by the county board, unless it is a committee of the county board, lacks au
Commission members; indemnification protection
Where a commission is created by two villages, acting pursuant to section 66.30, Stats., for a joint exercise of a power possessed by such villages, its voting members, whether drawn from the governing bodies of such villages or from citizen-residents thereof, are public officers who enjoy the indemnification protection provided by section 895.46(1). A non-voting member of such commission, who cannot serve as an officer thereof, and whose sole power and duty is to provide "input" to the commission relative to the particular needs of the corporation appointing him/her to the commission is neither a public officer nor a public employe, so as to enjoy the indemnification protection of section 895.46(1). Moreover, such non-voting commission member is not entitled to such protection as an agent of any department of the State of Wisconsin. 74-208
Commissioners
Section 15.06(3)(a), Stats., does not prohibit a commissioner from having any business interests. It prohibits a commissioner from pursuing business interests which would prevent him or her from properly fulfilling the duties of the office of commissioner and precludes a commissioner from holding any public or private office or position of profit. 77-36
Compatibility
See COMPATIBILITY
Compensation, increase in
No additional compensation of any kind may be paid to town supervisors who serve on the town board of review. Compensation may be increased to a town clerk for service on the board of review if the clerk has previously been designated part time by the town meeting pursuant to section 60.305(1)(b), Stats. 79-176
Complimentary season golf passes
The practice of a county park commission, in granting free or complimentary season golf passes for the use of the county-owned and operated golf course to elected county officials and certain appointed county officials, is deemed to be in excess of the authority of such commission where such practice cannot be shown to serve any identifiable public purpose. 63-213
Convicted felon
A convicted felon who has been restored to his civil rights, pursuant to sec. 57.078, Stats., is barred from the office of notary public, by art. XIII, sec. 3, Wis. Const., unless he has been pardoned. The certificate provided for by sec. 57.078, Stats., may be issued by other than the Department of Health and Social Services. The serving of the sentence is what restores the person's civil rights, and the certificate merely evinces the serving of the sentence. 63-74
Corporation counsel
Duties of corporation counsel in county over 500,000 concerning paternity matters under secs. 52.21-52.45, Stats., cannot be transferred to legal counsel employed in a separate department created pursuant to powers in sec. 59.025, Stats. (Unpub.). 22-1978
Corporation counsel employed on part-time basis cannot accept employment as defense counsel for those whose interests are directly adverse to the State or county. 67-31
County Board
County Board does not have power to establish number of days elected officials may utilize for vacation or sick leave or to grant longevity pay to elected officials, but can pay premiums for individual or group hospital, surgical and life insurance for them. 66-329
County board supervisor
A county board supervisor elected at the 1984 Spring election who moved from such district in the Fall of 1984 vacated his office even though he continued to reside in the same county because 1983 Wisconsin Act 484 amended section 59.125, Stats., to require that "[n]o person is eligible to hold the office of county supervisor who is not a resident of the supervisory district from which he or she was chosen." 74-160
County Board Supervisor who is also member of a committee of the County Board or of County Highway Committee can only receive one per diem on days Board meets but can receive mileage allowance provided for in sec. 59.03(3)(g), Stats., for each mile traveled to and returning from meetings of the Board by the most usual traveled route and can also be reimbursed at the rate established by the Board pursuant to sec. 59.15(3), Stats., as the standard mileage allowance for officers for necessary expenses incurred for any additional miles traveled in performance of committee of County Board duties or Highway Committee duties on the same day. 68-73
Where, as a result of the alteration of the county board supervisory districts, a supervisor's residence is left outside the district he or she represents, the supervisor may continue to represent that district until the expiration of his term. When a city has combined the offices of alderman and county board supervisor where the aldermanic and supervisory boundaries are coterminous, the county board retains its discretion to decide whether to alter the supervisory districts after the city has annexed territory. 76-10
County court reporter
Salary questions discussed with respect to county court reporter who resigned effective July 31, 1978, and was appointed by judge of same court as circuit court reporter on August 2, 1978. Ch. 449, Laws of 1977. (Unpub.). 19-1979
County housing authority
County may appropriate money to county housing authority under secs. 59.075, 66.40-66.404, Stats., but such authority is separate body politic and county cannot pay per diem or other compensation to commissioners. Sec. 66.40(5)(b), Stats. 62-303
Criminal charge against
Claim for expense reimbursement by a public officer, under specific fact situation, is both an action taken in such officer's official capacity and an action growing out of performance of official duties thereby permitting municipal government to pay expenses associated with criminal charge against such officer based upon such claim pursuant to sec. 895.35, Stats. 71-4
De facto status action discussed
Section 15.05(2), Stats., does not authorize appointment of an employe not within the department. De facto status discussed. Quo warranto and sec. 946.12, Stats., action discussed. Corrective action requested of officers involved (Unpub.). 8-1978; 66-33
Definition of
When one person holds two government positions and sec. 19.42(8), Stats., identifies the holder of one of the positions as a state public official and specifically exempts from that definition the holder of the other position, the person is a state public official when acting in his covered capacity and is not a state public official when acting in his exempted capacity. 64-143
Deputy sheriff
Deputy sheriff appointed under sec. 59.21(2) and (8)(a), Stats., must be a resident of the State and must, before qualifying and serving, be a resident of the county and must continue to maintain residency therein. 66-315
Dismissal
Where statute provides that a public officer serves at pleasure but is appointed for a term, such public officer may be summarily dismissed during the term. 62-97
District attorney
Section 256.22(3), Stats., does not prohibit a district attorney from compensating his partner, out of his own funds, for assistance in prosecuting a state case. 67-31
Dual employment
Discussion of restrictions which section 16.417(2), Stats., imposes on dual state employment of state employes. 77-245
Elections
The Ethics Board cannot extend the date by which a candidate for state public office must file a statement of economic interests and cannot waive the filing requirement. 81-85
Section 11.33, Stats., applies to persons elected to state office who are seeking reelection or election to a different office and to the use of public funds for political purposes. 69-259
Expenses for attendees of Wisconsin Conservation Congress
Counties lack statutory authority to pay the expenses of private citizens or county board members who attend meetings of the Wisconsin Conservation Congress; 61 Op. Atty Gen. 327 (1972) discussed and adhered to. (Unpub.). 29-1984
Family court commissioners
Family court commissioners must be appointed in Pepin and Buffalo Counties; each must be a resident of the county he serves and each county is obligated to pay an annual salary to each officer and each part-time officer is entitled to the state salary supplement at the rate of $2,000 per year. (Unpub.). 21-1975
Farmers Home Administration Director
Position of State Director of the Farmers Home Administration is probably an "office of profit or trust under the United States" as that term is used in Wis. Const. art. XIII, sec. 3, and a person holding such office would be ineligible to at the same time serve as a member of the Wisconsin Natural Resources Board. 67-51
Financial disclosure
The Ethics Board cannot extend the date by which a candidate for state public office must file a statement of economic interests and cannot waive the filing requirement. 81-85
Discussion of possible conflict between the requirements of financial disclosure contained within the Code of Ethics for Public Officials with respect to the confidentiality requirements set forth in the Code of Professional Responsibility for Lawyers and other laws related thereto. 68-411
Free pass
Article XIII, section 11 of the Wisconsin Constitution does not prohibit bona fide tours of railroad facilities conducted by rail. 79-137
