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 The privilege may be extended or rescinded by the present University of Wisconsin System Board of Regents.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
REGISTER IN PROBATE
Certified copy of record
The alphabetical index which the Register in Probate must maintain pursuant to section 851.72(5) is not a court record and thus is open to public access under sections 59.14(1) and 19.31. The index may not, however, contain results of proceedings under chapters 55 and 880. The $4.00 search fee of section 814.66(1)(j) applies only when a person fails to furnish the docket or file number or when a search is conducted to ascertain the existence or non existence of a record. The charge for a one page certified copy from the Register in Probate or Clerk of Court is comprised of an initial $3.00 certifying fee and a $1.00 per page fee and is thus $4.00. 73-16
Closing of records
Section 880.33(6), Stats., requires closing only of documents filed with the Register in Probate with respect to ch. 880 proceedings while sec. 55.06(17), Stats., requires the closing of all records filed with respect to ch. 55 proceedings including index, docket and files maintained by the Register in Probate. 67-130
County Treasurer
Section 851.74(3), Stats. (1977), which requires registers in Probate to make payments to the County Treasurer on the first Monday of each month, does not preclude more frequent payments. 68-117
Discrimination
A Register in Probate is protected by the Fair Employment Act, which protection is not affected by a defect in the appointment. 67-169
Filing fees
Filing fees provided in sec. 253.34(1)(a), Stats., should be charged in informal probate proceedings authorized by ch. 865, Stats., created by ch. 39, Laws of 1973. 62-308
The time of the filing of the inventory of the estate, not the time of filing the petition for probate, determines the applicable filing fee. (Unpub.). 62-1987
Inheritance tax
Section 253.34(1)(a), Stats., dealing with filing fees was not amended by ch. 310, Laws of 1971, which amended inheritance tax rules on survivorship interests. 62-32
Official of the county court
A probate registrar is an official of the county court and secs. 256.22 and 59.40, Stats., would prohibit an attorney who serves as probate registrar from practicing law in county court. 63-55
REGISTER OF DEEDS
See also DEEDS; VITAL STATISTICS
Certified copies of birth, death and marriage records
Consistent with his or her respective powers and duties under sections 69.03 and 69.05, Stats., and with the specific uniformity requirement of section 69.03(7), a local registrar does not possess the power to adopt and implement procedures more stringent than those directed by the state registrar of vital statistics for issuing certified copies of a vital record under section 69.21(1). 80-35
The amount payable to a Register of Deeds for issuing certified copies of birth, death and marriage records is $4 if the Register must search for the records but $1 if no search is necessary. 68-311
Certified survey maps
"Mylar" may not be utilized in the place of "durable white paper" in the making of certified survey maps to be recorded in the office of the Register of Deeds, under the provisions of sec. 236.34(1), Stats. (Unpub.). 10-1976
Common-law liens"
Registers of Deeds have no obligation under law to file or record "common law liens," or "common-law writs of attachment" because such instruments do not, as a matter of law, affect an interest in land or personal property, and are frivolous on their face. 69-58
Compatibility
The offices of Register of Deeds and school board member of a common school district are compatible. (Unpub.). 79-1976
County
A county Register of Deeds must record Department of Natural Resources' orders under the Forest Croplands Program, sec. 77.02(3), Stats., and the Woodland Tax Law, sec. 77.16(3), Stats., notwithstanding sec. 59.57(12), Stats., which requires that recording fees be paid in advance of recordation. 66-246
