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
Water and Light Commission
Where Water and Light Commission has power to fix compensation of employes, it may meet in closed session to discuss and vote upon increases for non-union employes. A record must be made of motions and roll-call votes at open and closed meetings. Such record is open to inspection and copying subject to sec. 19.21, Stats., and common-law limitations with respect thereto. 67-117
Wisconsin Housing Finance Authority
The Wisconsin Housing Finance Authority does not have the power to increase the salary of its Executive Director up to the maximum of the executive group range established under sec. 20.923(1), Stats., for positions assigned to Wisconsin state executive salary group 6 until February 1, 1983. 71-186
SANITARIANS
See COUNTY SANITARIANS
SAVINGS AND LOAN ASSOCIATIONS
Commissioners
Constitutionality of ch. 45, Laws of 1981, delegating authority to commissioners of various financial institutions, discussed. 71-195
Interest
Charges imposed on a seller of property as a condition of the granting of a loan to a buyer of the property are includable as part of the interest under sec. 138.05, Stats., to the extent that such charges are passed on by the seller to the buyer. 68-398
Investment of deposited funds
Section 112.05, Stats., does not apply to or restrict the investment of deposited funds by a savings and loan association except when it acts as trustee. 70-218
Municipal funds
Municipal funds may be invested in savings and loan associations to the extent permitted by sec. 219.05(1), Stats. 62-312
Prepayment penalty
Imposition of a prepayment penalty on mortgage loans can only be made when the conditions of sec. 215.21(11), Stats., are met. Section 215.21(19), Stats., also discussed. 66-90
Public records
Salary information submitted to the state commission of savings and loan in connection with an absorption application is not exempt from disclosure under the state public records law. 77-20
Second mortgage
Second mortgage constitutes equivalent security interest when held by savings and loan association which holds first mortgage, and there are no intervening liens. Sections 428.101, 428.106(5), 227.014(2)(a), Stats., discussed. 63-557
SCHOOLS AND SCHOOL DISTRICTS
See also EDUCATION; PUBLIC INSTRUCTION, SUPERINTENDENT OF; STUDENTS; TUITION; VOCATIONAL, TECHNICAL AND ADULT EDUCATION; UNIVERSITY
Board member and employment by Board of spouse
The enactment of the marital property law does not change the applicability of section 946.13, Stats., to the member of a governmental body when that body employs the member's spouse. As was the case before the marital property law, the member of the governmental body avoids violation of section 946.13 if in his private capacity he does not negotiate, bid on or enter into the employment contract and in his public capacity he does not participate in the making of the contract and does not exercise discretion in the performance of the contract. 76-15
Borrowing
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
Building construction
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
Buses
See School buses
CESA and purchase of real estate
School district members of cooperative educational service agencies who unsuccessfully oppose purchase of real estate are obliged to pay their share of the costs of the acquisition of that real estate, and the CESA may sue those districts if they do not fulfill their financial obligation. The board of control may set the appropriate share for the school districts if the money used for acquisition is not state or local aids under section 116.08(1), Stats. 80-296
Charitable and penal institutions
The nonagricultural lands at the Northern Center for the Developmentally Disabled and other similar institutions are not subject to taxation for school purposes under sec. 70.114, Stats. (Unpub.). 110-1977
Church schools
In the administration of Title IV, Elementary and Secondary Education Act, as amended, funds may not be spent to provide educational services on the premises of church affiliated private schools but such funds may be spent to provide services through "dual enrollment" or "shared time" programs, nor may school districts be required to equalize, on a per enrollee basis, expenditures as between private and public school students; nor may the Department of Public Instruction administer Title IV programs if local school districts refuse or are legally unable to do so. 64-139
