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
Passes, franks and privileges
Article XIII, section 11 of the Wisconsin Constitution discussed. 77-237
Per diems
Except in self-organized counties, a county board may not establish multiple per diem compensation for attendance at more than one committee meeting on the same day on days when the county board is not in session. 79-122
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
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
Status of appointees to newly created state offices discussed. De facto status of such officers discussed. 66-33
Political activities
Classified employes, including classified employes of legislative service agencies can run for nonpartisan office. An agency cannot prohibit its classified employes from running for nonpartisan office except in certain circumstances. 80-68
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
State employes covered by the Hatch Act cannot be discharged for partisan political participation while on leaves of absence pursuant to sec. 16.35(2) and (4), Stats. 63-217
Statutes and rules which restrict the partisan activities of some employes and officeholders do not offend the First Amendment even if they result in the employes or officeholders being prohibited from participating in the party caucuses which choose delegates to the National Convention. 73-51
Private interest in public contracts
Section 118.12(1)(a), Stats., applies only to materials and items that are part of or reasonably could become part of a school district's instructional process; enforcement authority usually lies with the school board president for the district; violations of section 118.12(1)(a) could possibly constitute violations of sections 946.12 and 946.13. 74-89
Section 946.13, Stats., which prohibits private interests in public contracts, applies to county board or department purchases aggregating more than $5,000 from a county supervisor-owned business. 76-178
Section 946.13(1)(a), Stats., may be violated by members of Private Industry Councils when private or public entities of which they are executives, directors or board members receive benefits under the Job Training Partnership Act. 77-306
Where the county board as a whole must decide whether to purchase land, a county board supervisor would violate section 946.13(1)(a), Stats., if land owned by his partnership was sold to the county for a purchase price in excess of $5,000. 76-90
Where the village board administers a community development block grant program, a member of the village board would violate section 946.13(1)(a), Stats., if he or she obtained a loan in excess of $5,000 under the program. Acting in his private capacity as a contractor, the board member would violate section 946.13(1) if he contracted to perform the construction work for a third person who obtained a loan under the program. 76-278
Provisional appointees
Provisional appointees under sec. 17.20(2), Stats., need not be confirmed by the Senate before they can begin to serve but can serve pending Senate confirmation or rejection or appointment withdrawal by the Governor. 69-136
Purchases of goods and services
The ethics law does not prohibit a state public official from purchasing items and services that are made available to the official because he or she holds public office. If the opportunity to purchase the item or service itself has substantial value, the ethics code prohibits the purchase of the item or service. 80-201
Quo warranto 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
Railroads
Article XIII, section 11 of the Wisconsin Constitution does not prohibit bona fide tours of railroad facilities conducted by rail. 79-137
Real Estate Examining Board member
