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
Incumbent Real Estate Examining Board member is entitled to hold over in office until his successor is duly appointed and confirmed by the Senate, and Board is without authority to reimburse nominee for expenses incurred in attending meeting during orientation period prior to confirmation under facts stated. 63-192
Reimbursement
Article XIII, section 11 of the Wisconsin Constitution discussed. 77-237
Pursuant to sec. 895.35, Stats., a city council can, in limited circumstances, reimburse a council member for reasonable attorneys' fees incurred in defending an alleged violation of the Open Meeting Law, but cannot reimburse such member for any forfeiture imposed. Section 895.46(1), Stats., is not applicable to forfeiture actions. Such member could not be reimbursed, indirectly, under liability insurance policy procured by a municipality, for any forfeiture imposed. 66-226
Section 13.625, Stats., does not prohibit the Milwaukee Metropolitan Sewerage District from paying normal expenses and salaries to commissioners who are legislators and does not prohibit those legislators from accepting those payments. 78-149
Reinstatement
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
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
Residency requirements
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
Salaries and wages
Article IV, sec. 12, Wis. Const., prohibiting a legislator from being appointed or elected to a civil office created or the emoluments of which were increased during the legislator's term, discussed. Constitutionality of sec. 13.04(1), Stats., lifting the constitutional prohibition by allowing the former legislator to assume the other office at the pre-increase salary, discussed. 63-127
A commissioner who is designated chairperson of a state commission under section 15.06(2), Stats., is not appointed to a new position. Wis. Const. art. IV, § 26, thus precludes a salary increase based on such designation. 76-52
Discretionary authority to grant increases to elected county officials based upon the performance or length of service of the incumbent may not be delegated to a committee of the county board because the board itself lacks the authority to establish such a compensation scheme. The compensation of elected county officials who do not participate in establishing their own salaries may be increased but not decreased during their terms of office. 80-258
District attorneys are not "public officer[s]" within the meaning of that term in article IV, section 26 of the Wisconsin Constitution, and the Legislature may, therefore, increase or diminish the salaries of district attorneys during their terms of office. 79-149
Proposal to amend sec. 20.923, Stats., insofar as it is applicable to state officials appointed for a fixed term, other than judicial officers, which would provide that the "salary rates during the term shall be set by the appointing officer at the time of appointment," but that any "scheduled pay increases" during the term "shall be subject to the pay range maximums in effect at the time the official's pay rates are scheduled to be adjusted" would, if adopted, be violative of article IV, sec. 26 of the Wisconsin Constitution. Pay adjustments during a term must be clearly provided for in specific amount or be ascertainable by reference to a salary range schedule which was in effect on the date of appointment of such official, and which is not subject to discretionary change thereafter, to be valid. A schedule or plan must not be dependent upon the exercise of legislative or administrative discretion during the term for i
Salary adjustments for unclassified administrators, executive assistants and deputies discussed. (Unpub.). 33-1979
The salaries of elected county officials may be increased during their terms. But any increase put into effect after the earliest time for filing nomination papers does not carry forward to the new term unless the county board again votes the increase. 69-1
State Senator
