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
A vacancy in the office of a State Senator is created under the provisions of art. XIII, sec. 3 and art. XIII, sec. 10, Wis. Const., as implemented by sec. 17.03(5), Stats., upon his conviction of and sentence for any felony punishable by imprisonment in state prison, and no further specific action is required by the State Senate to implement those provisions. 65-264
Statement of economic interests
An individual who is required to file a Statement of Economic Interests and who is a beneficiary of a trust which provides that the individual will receive a share of the trust's corpus upon the death of the individual's parent if he or she survives the parent, must identify on his or her Statement of Economic Interests, the securities held by the trust if the individual's interest in the securities is valued at $5,000 or more. 80-183
Trust fund
An individual who is required to file a Statement of Economic Interests and who is a beneficiary of a trust which provides that the individual will receive a share of the trust's corpus upon the death of the individual's parent if he or she survives the parent, must identify on his or her Statement of Economic Interests, the securities held by the trust if the individual's interest in the securities is valued at $5,000 or more. 80-183
Town supervisors
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
Wisconsin Housing Finance Authority
The Wisconsin Housing Finance Authority does not have the power to increase the salary of its Executive Director up to the maximum of the executive group range established under sec. 20.923(1), Stats., for positions assigned to Wisconsin state executive salary group 6 until February 1, 1983. 71-186
Unclassified
Salary adjustments for unclassified administrators, executive assistants and deputies discussed. (Unpub.). 33-1979
University employes
Section 946.13, Stats., prohibiting private interest in public contracts may impose criminal liability upon the University of Wisconsin employes who in their private capacities deal contractually with the State of Wisconsin to provide services and equipment. (Unpub.). 64-1977
Vacating of office
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
Veterans Affairs, Secretary of
Salary adjustments for the incumbent Secretary discussed. 67-257, 262
PUBLIC PROPERTY
Architectural plans for public building
Plans and specifications filed with DILHR under sec. 101.12, Stats., are public records under secs. 16.61 and 19.21, Stats., and are available for public inspection. 67-214
Capitol
The described Christmas pageant presented by the Madison Civic Music Association, Inc., in the Capitol does not involve governmental advancement or inhibition of religion or governmental entanglement with religion as contemplated and prohibited by Wis. Const. art. I, sec. 18. 67-180
County property
Although a county may not acquire land specifically for the purpose of leasing that land to a private entity licensed to operate a racetrack under section 562.05(1)(a), Stats., it may lease land initially acquired for a valid public purpose to such a private entity, unless the circumstances of the lease demonstrate that the land has become surplus land. 80-80
County property, sale of
County ordinances delegating the authority to decide the terms under which county property will be sold and delegating the authority to negotiate certain public works contracts to county committees do not impermissibly infringe upon the administrative duties and powers of the county executive. 80-49
Racetrack
Although a county may not acquire land specifically for the purpose of leasing that land to a private entity licensed to operate a racetrack under section 562.05(1)(a), Stats., it may lease land initially acquired for a valid public purpose to such a private entity, unless the circumstances of the lease demonstrate that the land has become surplus land. 80-80
Surplus land
Although a county may not acquire land specifically for the purpose of leasing that land to a private entity licensed to operate a racetrack under section 562.05(1)(a), Stats., it may lease land initially acquired for a valid public purpose to such a private entity, unless the circumstances of the lease demonstrate that the land has become surplus land. 80-80
PUBLIC PURPOSE DOCTRINE
County funds
Under appropriate circumstances, a county may appropriate county funds reasonably necessary for improvement, maintenance and operation of county property which is not deemed to be surplus, even though such property may no longer be required for the public purpose for which it was originally acquired and is not currently required for some other specific public use. 76-169
Discussed in relation to general obligation fund revenues
The Farmers Fund Program, as set out in section 92.32, Stats., does not violate article VIII, sections 3 or 10 of the Wisconsin Constitution, nor are its terms contrary to the Public Purpose Doctrine. 74-25
Historic Sites Foundation, Inc.
It was constitutional for the Legislature to extend indemnity and other liability protections to the Corporation and its agents and employes who manage and operate a state-owned circus museum. 75-182
Mining Investment and Local Impact Fund Board. 70-48
Snow removal
Section 86.105, Stats., does not authorize counties to contract to plow private parking lots. Because of increased availability of private sector alternatives any activity engaged in pursuant to said statute should meet the stringent restrictions set forth in 50 OAG 98 (1961), in an analogous context. 67-304
