REAPPORTIONMENT
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
Census
Wisconsin Constitution art. IV, sec. 3 requiring legislative reapportionment "after each enumeration made by the authority of the United States" does not require reapportionment after the new federal mid-decade census. 67-81
Counties
Under sec. 59.03(3)(c), Stats., alteration of county supervisory district boundaries between decennial censuses is authorized only where ward boundaries originally relied upon in reapportioning the county have been subsequently altered by incorporation, annexation, detachment or consolidation. 63-544
Effective date
The federal district court apportioned both members and Senatorial districts in its order of June 17, 1982. The effective date of new district lines for purposes of nominations, regular, recall and special elections, mass mailings and in-district travel is June 17, 1982, as to both holdover Senators and incumbents in districts where elections are scheduled in the Fall of 1982. 71-157
Institutional populations
Institutional populations, as well as other populations which may include persons disenfranchised for some reason, are part of the total population included in the 1980 federal decennial census of population and may not be disregarded for congressional or state legislative redistricting purposes. U.S. Const. art. I, sec. 2; Wis. Const. art. IV, sec. 3. Although the Legislature may constitutionally authorize the use of voter population or citizen population for local apportionment purposes, when total population is used for the purpose of equal population redistricting of county supervisory or city aldermanic districts on the basis of the 1980 census population, institutional populations cannot be excluded from the total population count. 70-80
Open meetings
The December 2, 1981, meeting of the Senate Special Committee on Reapportionment was probably held in violation of Wisconsin's Open Meetings of Governmental Bodies Law. 71-63
Residence of County Board supervisor
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
Senator
A State Senator need not resign his or her present seat before filing and running for a newly numbered Senate seat, merely because he or she is presently an incumbent Senator. 71-162
RECORDS
See CONFIDENTIAL REPORTS; COURTS; JUVENILE COURT; MINORS; POLICE; PUBLIC RECORDS; REGISTER IN PROBATE; REGISTER OF DEEDS
REDEVELOPMENT AUTHORITY
Commissioner, reimbursement of
A city may reimburse a commissioner of the city Redevelopment Authority for his legal expenses incurred where charges are filed against him in his official capacity seeking his removal from office for cause and such charges are found by the Common Council to be unsupported. Such reimbursement is discretionary. The city Redevelopment Authority lacks statutory authority to authorize reimbursement for such legal expenses. 63-421
Condemnation
Assuming a Redevelopment Authority, properly proceeds under sec. 66.431, Stats., to satisfy all statutory and other legal requirements necessary to establish a project area and implement a redevelopment plan therefore, it may proceed to condemn any property within the project area even though some portions of the urban renewal area are not in fact blighted. 65-116
Mortgage Subsidy Bond Tax Act of 1980
Certain local governments and public agencies may issue obligations to provide mortgage loans on owner-occupied residences. However, compliance with the Mortgage Subsidy Bond Tax Act of 1980 is necessary to allow exemption of the interest from federal taxation. 71-74
REDISTRICTING
See REAPPORTIONMENT
REFERENDUM
See also ELECTIONS
City clerk
Under sec. 9.20(3), Stats., a city clerk's authority to examine the "sufficiency" and "form" of an initiative petition is at least as extensive as the city council's under sec. 9.20(4), Stats. This judicially established authority should only be exercised where a substantive insufficiency clearly exists. 69-41
County Executive
A county board may adopt an ordinance creating the office of county executive and make the ordinance contingent upon approval in a countywide referendum. The office of county executive is created at the time the results of the referendum become final. The first election for the office occurs at least 120 days after the creation of the office becomes effective. The county executive takes office on the third Tuesday in April of the year of the election. 78-227
Schools and school districts
A school board of a union or common school may incur debt to erect suitable buildings or additions to them without a referendum if such debt is incurred under section 67.05(6a)(b) or 67.12(12)(e)2g., Stats. However, the electorate through an annual or special meeting must independently approve the building or addition under section 120.10(5) and (5m) unless that requirement is relieved by the language of section 67.05(7)(d) or 67.12(12)(e)3. (Revised) 79-201
Vocational, Technical and Adult Education, Board of
Section 67.12(12)(e)5, 6, created by ch. 250, Laws of 1973, is construed to permit a vocational, technical and adult education district board to initiate a referendum on question of borrowing by issuing promissory notes, the result of which will be binding on the board. 63-551
REGENTS, BOARD OF
Compulsory fees
Regents should identify how compulsory fees will be used to necessarily and conveniently further the objects of the University before approving a segregated fee, under sec. 37.11(8), Stats., to finance a legal services program for Oshkosh Student Association. 63-385
Fee waivers to employes
Resolutions 2877 and 2938, passed by the former Board of Regents of the Wisconsin State Universities, remain valid for the purposes of allowing certain fee waivers to employes of former Wisconsin State Universities. Such fee waivers are not vested employment rights or benefits under ch. 100, Laws of 1971. The privilege may be extended or rescinded by the present University of Wisconsin System Board of Regents. (Unpub.). 1-1976
Pay range for academic staff 1991-92
The University of Wisconsin Board of Regents' proposed action to raise by one percent the pay range minima and maxima of the academic staff for the 1991-1992 fiscal year requires prior approval by the Secretary of the Department of Employment Relations. 80-138
Retirement plan for former President Weaver
The Board of Regents lacked and still lacks the authority to establish a retirement plan for former President Weaver in addition or supplementary to the State Teacher's Retirement System. Wisconsin Constitution art. IV, sec. 26, precludes the Legislature from providing such a supplemental retirement program since Dr. Weaver is no longer employed by the Board. The Legislature is not, however, precluded from ensuring that a not legally enforceable employment agreement previously entered into is fully performed. 70-266
REGIONAL PLANNING
County Board
Appointments to regional planning commissions on behalf of a county, under sec. 66.945(3)(b), Stats., are made by the County Board, unless the county has a county executive or a county administrator in which event such appointments are made by that county officer, under the authority set forth in either sec. 59.032(2)(c) or sec. 59.033(2)(c), Stats. 62-197
Equal protection
Representation provisions of sec. 66.945(3), Stats., do not violate the Equal Protection Clause. 62-136
Multicounty commission
The boundaries of existing multicounty regional planning commissions may only be altered following their dissolution under the procedure set out in section 66.945(15), Stats. 81-70
Transportation, Department of
The Department of Transportation's contracting authority under sec. 84.01(13), Stats., is not limited to traditional engineering or surveying services. The Department is given the discretion to decide what special expertise it needs and the most practical and economical means to obtain it in connection with its highway program activities. (Unpub.). 35-1982
