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
Informing the public
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
Insurance
Section 632.895(5m), Stats., which requires that disability insurance policies must provide coverage for grandchildren of the insured, does not apply to group insurance contracts between health maintenance organizations and the group insurance board of the Department of Employe Trust Funds. Under sections 40.51(7) and 40.03(6)(a)2., the group insurance board may not establish a pool of municipal employers to provide health care benefits on a self-funded basis. 76-311
Judges
Chapter 114, Laws of 1977, provided for a 5.5% increase to the dollar value of the salary range minimum and maximum for the salary schedule applicable to circuit judges as of July 1, 1978; however, as sec. 20.923(2), Stats., provides that the salary of a circuit judge is set at the midpoint of the salary group in effect "at the time of taking the oath of office" subject to Wis. Const. art. IV, sec. 26, such increase is not applicable to circuit judges during current terms until some person, on or after July 1, 1978, who was elected or appointed, qualifies as judge and takes an oath for a new term. (Unpub.). 74-1978
Leave of absence
A public employe departing a non-elected county position in the sheriff's office to assume the elective county office of sheriff is not entitled to reinstatement to the same or a similar position upon termination of service as such elective officer, in the absence of properly authorized civil service or contractual provisions so providing. 78-19
Classified state employes whose positions are federally funded in whole or in part, and who are not covered by a collective bargaining agreement, are entitled to leaves of absence in order to run for partisan political office and cannot be compelled to resign. Leaves of absence for such employes are governed generally by the terms of applicable collective bargaining agreements. 73-131
When section 63.065, Stats., permits a person to return from approved leave of absence to classified service without loss of seniority, the statute means that the person is treated for seniority purposes as though he or she never left the position in classified service. 78-11
Legislature
Current statutes require that members of both houses of Legislature receive the same basic salary. Amendment to sec. 20.923(1) and (2), Stats., is required to change this requirement. 66-280
Records kept by the Assembly Chief Clerk of telephone credit card numbers and of long-distance telephone calls of Representatives are subject to the Public Records Law. Custodian may make a determination whether to disclose or divulge records in specific instances. 66-202
Section 2 of 1977 Senate Resolution 14 which, if adopted, would create Senate Rule 73(1)(b), prohibiting members who are attorneys from voting on bills creating additional judgeships or pay raises or retirement benefits for judges, would unconstitutionally deny equal protection of the laws to those citizens represented in the Senate by members who are also attorneys. 67-310
Section 13.625, Stats., does not prohibit the Milwaukee Metropolitan Sewer age District from paying normal expenses and salaries to commissioners who are legislators and does not prohibit those legislators from accepting those payments. 78-149
Liability
A county veterans' service officer does not have the duty under ch. 45, Stats., to transport disabled veterans to a veterans' hospital when such transportation is not readily available unless authorized by his county. The county would be liable to the injured veteran in an automobile accident while being transported by the veterans' service officer if the officer were authorized and performing within the scope of his employment. If he were authorized and an accident occurred, sec. 895.43(3), Stats., limits the recovery to $25,000. 67-207
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
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
Lobbying Law
The lobbying law prohibition against furnishing anything of pecuniary value to state officials includes fair market exchanges unless the fair market exchange is between a principal and a state official and the item or service is available to the general public. A lobbyist cannot sell to or purchase from a state official anything of pecuniary value even if it is also available to the general public under the same terms and conditions. The exception in section 13.625(7), Stats., for the furnishing and receipt of certain expenses applies to officials, employes and candidates who are not state public officials under chapter 19, subchapter III. An organization which employs a lobbyist may not furnish food or drink to a state official who is a member, officer or director of the organization unless it also furnishes those items to the general public. "Available to the general public" discussed. 80-205
Certain provisions of Substitute Amendment 1 to 1977 Senate Bill 286, revising subch. III of ch. 13, Stats., the State's Lobbying Law, are incompatible with the rights of Wisconsin citizens to petition the government and to be secure against unreasonable searches and seizures and are therefore probably unconstitutional. The major portion of the bill is constitutional. (Unpub.). 15-1978
The lobby law prohibits a state employe from accepting compensation for serving on the board of directors or providing any other service to a principal as defined in section 13.62(12), Stats. 77-160
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
Nepotism
Within limits, county board may prospectively prohibit department heads from appointing close relatives to county offices and positions but cannot totally prohibit relatives of a county board supervisor from any employment by the county. (Unpub.). 88-1977
Notary Public
Section 137.01(1) and (2), Stats., which requires Wisconsin residency as a condition of appointment as Notary Public in Wisconsin, does not violate the Privileges and Immunities Clause of the Federal Constitution and should be complied with unless and until it is declared invalid by a court of competent jurisdiction in a proper case. 74-221
Open 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
Public notice under sec. 19.84(2), Stats., for meeting of governmental body must contain reference to specific subject matter upon which discussion or action is anticipated and reference to "regular business" is not sufficient in most instances. (Unpub.). 65-1976
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
