Wisconsin Legislature: Bids and bidders

County Board

County Board has no power to hire and fire employes of County Welfare Department. 65-163

Powers of County Board and County Board of Public Welfare as to establishment of and appointment to positions in the Public Welfare Department, concerned with administration of aid to dependent children, discussed. 68-262

Since matters affecting health and welfare are of statewide concern, sec. 59.025(2)(3), Stats., created by ch. 118, Laws of 1973, does not authorize county boards to abolish county departments, boards or committees pertaining to health and welfare and required by existing state statutes nor does it authorize the transfer of their functions and duties or consolidation of them into a single "Community Human Services Board." 63-580

The County Board of Public Welfare rather than the County Board of Supervisors has the authority to appoint a County Welfare Director. 62-114

County child support agencies

County child support agencies can initiate actions to compel support under sec. 767.08(2), Stats., without the payment of a filing fee. 72-72

Foster homes

County agencies do not have the authority to directly operate a foster home or what has been described as a "group foster home." (Unpub.). 39-1976

Foster homes contracted for (i.e., leased) by the Department of Health and Social Services, pursuant to sec. 48.52, Stats., are immune from local zoning to the extent that the zoning conflicts with the Department's possessory use of property for purposes contemplated by ch. 48, Stats. However, immunity for leased facilities is subject to sec. 13.48(13), Stats., as amended by ch. 90, sec. 2, Laws of 1973. Section 48.64, Stats., agreements between the Department and proprietors of foster homes do not serve to immunize the proprietor's property from local zoning. County agencies providing child welfare services do not have authority to lease real property for foster home use. The Department may assert its immunity from local zoning for property it acquires a possessory interest in by virtue of a sublease pursuant to sec. 48.52(2), Stats. Property leased by the Department pursuant to sec. 48.52(2), Stats., is not rendered ex

Juvenile detention homes

Section 48.31, Stats., provides counties with express authority to establish and operate juvenile detention homes and shelter care facilities. Detention homes and shelter care facilities established and operated pursuant to sec. 48.31, Stats., do not require a ch. 48 license from the Department of Health and Social Services. Counties may lease property for detention home or shelter care use. 66-50

PUBLIC WELFARE, DEPARTMENT OF

Purchases

The provisions of ch. 16, subch. IV, Stats., applying to state purchases do not apply to the purchase of materials, supplies, equipment and other personal property and contractual services made by the Division of Vocational Rehabilitation for clients under rehabilitation plans. 64-4

PUBLIC WORKS

See also BIDS AND BIDDERS; TOWNS; COUNTIES; ETC.

Bids and bidders

County housing authority, in providing housing for the low income and elderly can, by reason of sec. 59.075(4), Stats., utilize "turnkey" construction method without bids. 66-31

Heavy movable diesel engine utilized in county lime quarry is equipment rather than materials or supplies and may be purchased by county board or committee to which board has delegated power if funds have been appropriated without resort to competitive bidding if county has not otherwise required by resolution or ordinance. Secs. 59.08(1), 66.29(1)(c), Stats. 66-198

Contracts

A county has no statutory authority to award contracts only to unionized contractors. Federal preemption rules probably foreclose the exercise of such authority in any event. Further, federal preemption rules foreclose denying contracts to employers engaged in labor disputes. 79-86

Milwaukee County zoo and museum

The Milwaukee County board may not delegate the exclusive authority to approve contracts for budgeted public works projects to the museum board or to the zoological board. Except in extraordinary circumstances, the attorney general will not issue opinions concerning the meaning or intent of municipal ordinances. 77-120

Public contracts

Towns must let "public contracts" pursuant to the competitive bidding procedures of secs. 60.29(1m) and 66.29, Stats. Contracts which are not "public contracts" are not subject to either advertising or competitive bidding procedures. The definition of public contract includes "supplies" and "materials," but does not include "equipment." Police cars need not be purchased by competitive bid under secs. 60.29 and 66.29, Stats., since they are "equipment" and not "supplies [or] material." 66-284

Union or non-union labor

PUPILS

See STUDENTS

PURCHASES, BUREAU OF

Vocational Rehabilitation, Division of

The provisions of ch. 16, subch. IV, Stats., applying to state purchases, do not apply to the purchase of materials, supplies, equipment and other personal property and contractual services made by the Division of Vocational Rehabilitation for clients under rehabilitation plans. 64-4

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R.N.

See NURSES

RACETRACKS

See AUTOMOBILES AND MOTOR VEHICLES; GAMBLING; PUBLIC PROPERTY; WISCONSIN RACING BOARD

RADAR DETECTOR

Prohibit the use and sale of

Proposed legislation to create sec. 347.483, Stats., which would prohibit the use and sale of radar detectors meets due process requirements and is constitutionally sound. Moreover, such a law would not violate the Commerce or Supremacy Clauses of the United States Constitution. 68-256

RADIO

Friends" organizations

Open Meetings and Public Records Laws are not applicable to independently created and independently operated non-stock, non-profit "friends" corporations organized to provide financial and other support to radio and television stations licensed to governmental agencies. 74-38

Law enforcement

Counties and municipalities do not have authority to regulate the interception and rebroadcast of local law enforcement agency radio communications. 64-103

Police and emergency use in Burnett County

A sheriff's actions in determining access to a county's law enforcement channel are ministerial in nature. The negligent exercise of that authority could subject the sheriff to liability. 76-7

Public records

Sheriff's radio log, intradepartmental documents kept by sheriff and blood test records of deceased automobile drivers in hands of sheriff are public records subject to inspection and copying under sec. 19.21(2), Stats., and subject to limitations contained in court cases cited which place duty on custodian to withhold disclosure where substantial harmful effect upon the public interest would result. Specific reason for withholding must be given which may be tested by mandamus in the courts. Such records do not appear to be records required by law to be kept by sheriff. Where records are required by law to be kept by sheriff, right of inspection exists under sec. 59.14(1), Stats. That portion of 41 Op. Att'y Gen. 237 (1952) inconsistent with this opinion is repudiated. 67-12

RADIOACTIVE WASTE REVIEW BOARD

Powers

Only the Radioactive Waste Review Board is authorized to negotiate agreements with the federal government regarding the disposal of high-level nuclear waste and transuranic waste either in a high-level radioactive waste repository or a monitored retrievable storage facility. Local units of government may apply for grants to provide funds to support information and education efforts related to potential negotiation for those sites. Those applications must be reviewed and commented upon by the Radioactive Waste Review Board. 80-308

RAFFLES

See LOTTERIES

RAILROADS

Abandoned right of ways

The Department of Natural Resources is not governed by section 190.08, Stats., relating to the duty of corporations to maintain bridges and other structures, where the Department of Natural Resources has acquired abandoned railroad property for the purpose of developing hiking and biking trails. 77-106