PUBLIC LANDS, COMMISSIONERS OF
State
Legislature may direct Public Land Commissioners to invest monies from sale of public lands in student loans but may not direct a specific investment. That portion of 17 OAG 516 (1929) inconsistent with this opinion is repudiated. 65-28
State reservation of land and interests in lands under ch. 452, Laws of 1911 and sec. 24.11(3), Stats., discussed. 65-207
Student loans
Legislature may direct Public Land Commissioners to invest monies from sale of public lands in student loans but may not direct a specific investment. That portion of 17 OAG 516 (1929) inconsistent with this opinion is repudiated. 65-28
Trust funds
The Board of Commissioners of Public Lands may not disburse funds in an amount less than that stated on the application submitted by a municipality for a loan from the trust fund which the Board administers. (Unpub.). 8-1981
PUBLIC NOTICE
See NEWSPAPERS; OPEN MEETING
PUBLIC OFFICIALS
See also CIVIL SERVICE; COMPATIBILITY; SALARIES AND WAGES and individual titles such as DISTRICT ATTORNEY
Alderperson
Compatibility of the office of alderperson with positions of city employe, teacher in city school district and firefighter discussed in general terms. 67-177
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
Appointees
Individual appointed to fill vacancy in office of sheriff is entitled to same salary as predecessor. County board may increase but cannot decrease such compensation during term of such officer (Unpub.). 1-1975
Status of appointees to newly created state offices discussed. De facto status of such officers discussed. 66-33
The senate may not appoint a commissioner to fill a vacancy in a term which will not occur during the extant session of the senate. In the present case, the provisional appointment for the vacancy in the term ending March 1, 1985, was valid, but the appointment for a full term beginning March 1, 1985, and ending on March 1, 1991, was invalid. The acts of the commissioner holding over in office are valid. 76-272
Assemblyperson
The assembly districts altered as to boundaries and renumbered by 1983 Wisconsin Act 29, became effective July 20, 1983. An assemblyperson is a constitutional state public officer who must be a resident and elector of the district he or she is chosen to represent. An incumbent assemblyperson continues to represent the district from which he or she was chosen, as altered as to boundaries and as renumbered. Limitations on in-district travel and mass mailings to constituents discussed. 72-172
Attorneys
The members of the Board of Attorneys Professional Responsibility and the members of the Professional Responsibility Committees are officers within the meaning of secs. 895.34 and 895.46, Stats., and are protected by civil immunity when acting within the scope of their office in the absence of malicious, willful and intentional misconduct. (Unpub.). 48-1978
The State Bar of Wisconsin is a state agency created by the constitutional authority of the Supreme Court. The authorized functions of the State Bar may come under the "state action" exemption to the antitrust laws and the procedures employed by the Unauthorized Practice Committee and the Ethics Committee appear to provide due process but specific opinions in this regard must be given on a case-by-case basis. Volunteer lawyers giving free legal advice in the "Lawyer Hotline" program are agents of the State Bar and are entitled to common law immunity and indemnification under section 895.46(1)(a), Stats. 75-153
Banking Review Board
Banking Review Board members are not authorized to act in cases involving banks in which they or their spouses own stock. 75-197
Board memberships of various kinds
Persons appointed by County Executive and confirmed by County Board to County Veterans Service Commission, single county 51.42 Board or County Institutions Board serve for statutory term as stated in years and until their successors are appointed, confirmed and qualified. Persons appointed to vacancies in such positions also serve until their successors are appointed, confirmed and qualified. Difference between personal term of officer and statutory term which pertains to office discussed. 73-99
Bribery
Article XIII, section 11 of the Wisconsin Constitution discussed. 77-237
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
