Property held in trust by the federal government for the Menominee Tribe and tribal members pursuant to the Menominee Restoration Act (25 U.S.C. sec. 903, et seq.) is not subject to state taxation. Tribal members residing and working in Menominee County and the Menominee Tribe are not subject to state income tax. Government services to be provided by Menominee County and the Town of Menominee discussed. 66-290
Nondedicated roads
Rights-of-way boundaries of nondedicated roads created by affirmative act are determined by the order laying out the road, not by the location of the road's centerline. The rights-of-way boundaries of roads created by adverse users are only those portions of land adjacent to the traveled track reasonably necessary for highway purposes, unless the road has also been worked pursuant to sec. 80.01(2), Stats. 69-87
RIPARIAN RIGHTS
See also NAVIGABLE WATERS
Anchored watercraft
Public rights in navigable stream permit reasonable use of the bottom for purposes of anchoring various types of watercraft while and only so long as a public right is being enjoyed. Anchored watercraft may not be left unattended except by a riparian owner. 63-601
Bulkhead line
1. Where a bulkhead line has been established pursuant to sec. 30.11, Stats., a riparian owner must nonetheless obtain a permit or contract pursuant to sec. 30.20, Stats., prior to removing material from the bed of a navigable water landward of the bulkhead line, but within the original ordinary high water mark. 2. Where a bulkhead line has been established, a riparian owner may place a layer of sand or similar material landward of the bulkhead line without obtaining an additional permit pursuant to sec. 30.12(2)(b), Stats. 3. Where a bulkhead line has been established, the original ordinary high water mark presumably will be considered the ordinary high water mark for purposes of determining the applicability of sec. 30.19, Stats., although particular fact circumstances may dictate that the bulkhead line or the edge of the filled area should be considered the ordinary high water mark. 4. Where a township located on Gree
RIVERS
See STREAMS
ROADS
See HIGHWAYS
RULE-MAKING
Administrative agencies
Administrative agencies are subject to the rule-making procedures in making discretionary choices even if those choices are based on opinions of the Attorney General. Conversely, the rule-making procedure does not apply where the opinion describes what the law mandates. 68-363
Local Affairs and Development, Department of
The Department of Local Affairs and Development may enact such rules pursuant to sec. 227.014, Stats., as are necessary to carry out its responsibilities under secs. 32.19 and 32.25 through 32.27, Stats. (Unpub.). 96-1977
Surveyor applicants
Examining Board, rather than constituent sections, has rule-making authority and may adopt a rule interpreting sec. 443.02(3)(a)4., Stats., for registering land surveyor applicants to require applicants to show knowledge regarding land surveying procedures and practices peculiar to Wisconsin. (Unpub.). 73-1978
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SALARIES AND WAGES
See also COMPENSATION
Appointee to Sheriff
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
Circuit judges
Chapter 38, Laws of 1979, is effective to every judge of a court of record and Justice of the Supreme Court when either a Supreme Court Justice or judge of a court of record commences a term of office. 69-4
Chapter 114, Laws of 1977, provided for a 5.5% increase to the dollar value of the salary range minimum and maximum for the salary schedule applicable to circuit judges as of July 1, 1978; however, as sec. 20.923(2), Stats., provides that the salary of a circuit judge is set at the midpoint of the salary group in effect "at the time of taking the oath of office" subject to Wis. Const. art. IV, sec. 26, such increase is not applicable to circuit judges during current terms until some person, on or after July 1, 1978, who as elected or appointed, qualifies as judge and takes an oath for a new term. (Unpub.). 74-1978
Clerical occupational group
The Personnel Board may not approve the assignment of a classification in the clerical occupational group to a lower pay range than the pay range to which a classification in a different occupational group is assigned if the qualifications include positions involving "work of equivalent skills and responsibilities." The phrase "the principle of equal pay for work of equivalent skills and responsibilities" contained in sec. 230.09(2)(b), Stats., requires equal pay only for substantially similar or equal work. The Board may not give retroactive effect to the establishment of classifications and grade levels or the assignment of classifications to the appropriate pay rates or ranges. 68-190
Collective bargaining
"Raised hiring rate" and "hiring above the minimum" practices utilized by Administrator of Division of Personnel pursuant to sections Pers 5.02(1) and (2) Wis. Adm. Code are primarily matters of compensation and wage rates related to salary-schedule adjustments and are subject to collective bargaining in some degree under sec. 111.91(1), Stats. (Unpub.). 65-1978
Commission chairperson
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
County Board
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
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 supervisors
Only county board supervisors can serve on committees of the County Board under sec. 59.06, Stats., and persons who are not supervisors cannot serve or be compensated by per diem or receive reimbursement for expenses. 65-303
County Highway Commissioner
Appointed by County Board, and salary may be changed during their term. 63-286
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
County judge
County Board can reduce additional salary payable to county judge under sec. 253.07(2), Stats., during term only to extent necessary to keep salary of county judge, state, county and county addition, within the limits set forth in sec. 20.923(3), Stats., created by ch. 90, Laws of 1973. 62-269
If Senator Keppler assumes judicial office to which he was elected during his term as legislator, his compensation during his entire judicial term would be that which was applicable to the office of county judge of Sheboygan County which was in effect prior to the effective date of any increase which occurred within the term for which he was elected as legislator, which began in January 1977. 68-1
County officer
County officer cannot be paid separate salary for performing services which are incidental to his office. 67-1
County officials
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
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. Chapter 449, Laws of 1977. (Unpub.). 19-1979
District attorney
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
Although a person elected as a "part time" district attorney may not be required to forego the private practice of law and devote all his time to the performance of official duties, he may voluntarily do so. A county board may increase the salary of the district attorney during his term of office. A county board must act timely to prohibit future district attorneys from engaging in the private practice of law. Secs. 59.15(1)(a), 59.471 and 66. 197, Stats. (Unpub.). 44-1975
Family court commissioners
Family court commissioners must be appointed in Pepin and Buffalo Counties; each must be a resident of the county he serves and each county is obligated to pay an annual salary to each officer and each part-time officer is entitled to the state salary supplement at the rate of $2,000 per year. (Unpub.). 21-1975
.42 Board
Where a county board has established a civil service ordinance applicable to all county personnel other than the exceptions provided in sec. 59.07(20), Stats., the Director of the 51.42 Board does not have authority to grant vacation with pay to employe which is not authorized under the county civil service ordinance. 67-143
Garnishment
A wage garnishment of a public employe under sec. 812.23, Stats., results in a continuing withholding of wages, less allowances specified in sec. 812.18(2), Stats., until the amount demanded in the garnishee complaint, together with disbursements, has been paid. 68-366
