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
Sections 812.04(1) and 814.21(1)(a), Stats., concerning suit tax in small claims garnishment actions, construed as conflicting. Because tax cannot be imposed without clear statutory authority, lower suit tax in sec. 812.04(1), Stats., should be collected. 68-7
Grant money used as overtime wages
A grant from the Wisconsin Office of Justice Assistance may properly be paid as salary increases to the district attorney and his or her assistants in the form of overtime, without violating section 59.49(1), Stats., provided the county makes allowance for such grant funds in its budget and duly passes salary increases for the district attorney and his assistants as provided by sections 66.197 and 59.15(2)(c). 77-63
Legislator
A legislator may be elected to a constitutional or statutory state elective office even though the emoluments of such office were raised during his legislative term. If so elected, he is limited by sec. 13.04(1), Stats., to the emoluments of the office prior to such increase. A legislator is not eligible, however, for appointment to an office created during his term or to an office the emoluments of which appointive office were raised during his legislative term. 63-127
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
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
Minimum Wage Law
Sections 104.01 to 104.12, Stats., inclusive, known as the Minimum Wage Law, do not apply to the State or its political subdivisions as employers. 62-47
Public officials
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
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 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, section 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 it
Sheriffs
In a county having no undersheriff, a person elected and serving as Sheriff vacated office by accepting office of town supervisor during his term but is entitled to compensation paid and can continue to exercise duties of Sheriff until successor is elected or appointed and qualifies. 73-83
Teachers salaries
Matters and documents in the possession or control of school district officials containing information concerning the salaries, including fringe benefits, paid to individual teachers are matters of public record. 63-143
Turnkey construction
Turnkey construction may be used for the construction of public works projects unless another method expressly is required. Municipalities are subject to sec. 66.293(3), Stats., the prevailing wage law, on contracts for any project of public works even if done by the turnkey method. 64-100
Unclassified personnel
Salary adjustments for unclassified administrators, executive assistants and deputies discussed. (Unpub.). 33-1979
University
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
Veterans Affairs, Secretary of
Salary adjustment for the incumbent Secretary discussed. 67-257, 262
