The Menominee County Sheriff's Department and the Menominee tribal police may carry out a program of cross-deputization. Menominee tribal police must meet the statutory and constitutional requirements for appointment as deputy sheriffs. (Unpub.). 93-1979
The University of Wisconsin has no authority to agree to hold harmless a county that incurs liability because of a university officer's torts, but the common law of indemnification would require such officer to indemnify that county and statutory indemnification would require the state to indemnify the officer when acting in the scope of his/her employment. A county sheriff may deputize university campus police officers and restrict that deputization to particular times, places and crimes. An otherwise valid arrest would not be rendered invalid, however, solely because the officer exceeded the scope of that deputization. 78-1
Whereas a deputy sheriff must be a resident of the county for which appointed, secs. 59.24(2), 66.30, 66.305, and 66.315, Stats., would allow such deputy to serve in an adjacent county upon request for mutual assistance. 62-250
Drunk driving; rehabilitation facility
A repeat OWI offender serving the mandatory term of imprisonment may be confined in a rehabilitation facility if that facility is a "locked" facility under the control and direct authority of the county sheriff and, at a minimum, that facility must satisfy all other characteristics for a jail set forth in the Wisconsin Administrative Code. 79-75
Employment; juvenile record
When evaluating an individual for the position of reserve officer, a sheriff's department may consider information in its possession concerning the individual's juvenile record, subject to the prohibitions against arrest record and conviction record discrimination contained in the Wisconsin Fair Employment Act. 79-89
Fair Credit Reporting Act
A county sheriff's department is not a consumer reporting agency subject to the Fair Credit Reporting Act. The Federal Trade Commission has taken an opposite position. 63-364
Fees
Section 71.13(3)(g), Stats., requires that the Sheriff of Milwaukee County perform duties of service and filing in connection with collection of state income and franchise taxes pursuant to sec. 71. 13, Stats., without advancement of fees by the Department of Revenue. 69-37
Sheriffs may collect the statutory fee for each service or attempted service of process; fees for mileage, however, may only be collected if service is successful. 73-106
.42 Board
Section 51.20(14), Stats., requires Sheriff to furnish transportation to any individual who is the subject of a petition under sec. 51.20, Stats., at all stages of the proceedings, regardless of any provision for reimbursement for transportation costs. 68-223
Fire alarm systems
A county has power under sec. 59.07(64), Stats., to enact an ordinance, applicable countywide, prohibiting the giving of false alarms on security or fire alarm systems connected to the Sheriff's department. Provisions amounting to a building code would not be applicable in cities, villages or towns having ordinances or codes covering the same subject. Authority of Sheriff to act as licensing authority or to collect license fees discussed. 72-153
Forfeiture funds
Money resulting from a state forfeiture action under sections 161.555 and 973.075(4), Stats., must be deposited in the state school fund. Money granted to the state after a federal forfeiture proceeding need not be. 76-209
Highways
Where county has contract to maintain state trunk highways, county highway commissioner can temporarily close state trunk highway in case of emergency. Sec. 86.06(1), Stats. Sheriff has power to temporarily close any highway in county in case of emergency and to divert traffic. Secs. 59.24(1) and 349.02, Stats. 67-335
Indians
The Menominee County Sheriff's Department and the Menominee tribal police may carry out a program of cross-deputization. Menominee tribal police must meet the statutory and constitutional requirements for appointment as deputy sheriffs. (Unpub.). 93-1979
Indians, fresh pursuit onto reservation
State and county conservation wardens and Sheriff's officers have authority under state law to arrest a Menominee Indian suspect on the reservation following fresh pursuit for an off-reservation violation of state law, if the arrest is one the officer is otherwise authorized to make. Although the State is generally obliged to comply with Menominee tribal extradition procedures, the State's personal jurisdiction over an Indian arrested under the circumstances described is probably not pre-empted by federal law. 74-245
While sheriffs lack statutory or common law authority to contract to provide county dispatch services to outside entities such as tribal public safety departments, sheriffs do have exclusive authority to instruct their deputies as to how such dispatch services should be performed in furtherance of their law enforcement functions. 78-85
Indigents
A sheriff may not refuse to book a person lawfully arrested and brought to the county jail by any state law enforcement agency, regardless of the medical condition of the arrestee, although he may require immediate medical screening pursuant to section 53.38, Stats. A sentencing court that imposes county jail time as a condition of probation may suspend that jail time while the probationer receives hospital care, and a sheriff and county department of human services may cooperate in the billing of medical care provided to county jail prisoners. 77-249
Investigative Services
A sheriff may not unilaterally withdraw most forms of investigative services provided within one urbanized town within a county. 81-24
Jail keys
As custodian of the jail and its prisoners, the Sheriff has the exclusive right to determine where duplicate sets of jail keys will be kept; the County Clerk is not authorized to retain a duplicate set of jail keys if the Sheriff does not agree to such possession. 68-330
Jail, privatization of
Neither the sheriff nor the county board may "privatize" the jailer function of the office of sheriff under section 59.23(1), Stats., by contracting with a private firm to take charge and custody of county prisoners held in the county jail. 77-94
Juveniles, out-of-county detention
A county board is not statutorily obligated to charge costs incurred as a result of court-ordered placement in a secure juvenile detention facility to the budget of the county social service department rather than to the budget of the sheriff's department. A sheriff is statutorily obligated to comply with an order of the juvenile court commanding the sheriff to transport a juvenile to or from a secure detention facility. Section 302.34, Stats., is not applicable to a county that has both a county jail and a cooperative agreement with another county for the provision of secure juvenile detention facilities. 79-8
Legal advisor
County Board has no power to authorize Sheriff to employ a police legal advisor to give day-to-day advice to the Sheriff unless such person is an assistant district attorney or assistant county corporation counsel. 65-245
Medical care for indigent arrestees and prisoners
A sheriff may not refuse to book a person lawfully arrested and brought to the county jail by any state law enforcement agency, regardless of the medical condition of the arrestee, although he may require immediate medical screening pursuant to section 53.38, Stats. A sentencing court that imposes county jail time as a condition of probation may suspend that jail time while the probationer receives hospital care, and a sheriff and county department of human services may cooperate in the billing of medical care provided to county jail prisoners. 77-249
Posse comitatus
The County Board may require the appointment of regularly employed deputies to be in accordance with the pertinent civil service ordinance. The County Board may fix the number and the compensation, if any, of all deputy sheriffs, whether regularly employed or honorary deputies. Notwithstanding the number fixed by ordinance, the Sheriff retains the power to call a posse comitatus pursuant to sec. 59.24(1), Stats. 68-334
Public records
Sheriff's criminal investigation files are not covered by a blanket exemption from the public records law, but denial of access may be justified on a case-by-case basis. 77-42
Sheriff's radio log, intradepartmental documents kept by Sheriff and blood test records of deceased automobile drivers in hands of Sheriff are public records subject to inspection and copying under sec. 19.21(2), Stats., and subject to limitations contained in court cases cited which place duty on custodian to withhold disclosure where substantial harmful effect upon the public interest would result. Specific reason for withholding must be given which may be tested by mandamus in the courts. Such records do not appear to be records required by law to be kept by Sheriff. Where records are acquired by law to be kept by Sheriff, right of inspection exists under sec. 59.14(1), Stats. That portion of 41 OAG 237 (1952) inconsistent with this opinion is repudiated. 67-12
Radio channel for police and emergency use
A sheriff's actions in determining access to a county's law enforcement channel are ministerial in nature. The negligent exercise of that authority could subject the sheriff to liability. 76-7
Release on bail denied discussed
Acting under the authority of section 969.07, Stats., local law enforcement officials may deny release from custody to a person arrested for a misdemeanor if in the officials' opinion the person is not in a fit condition to care for his or her own safety or would constitute, because of his or her physical condition, a danger to the safety of others. 75-209
Residence requirements
In counties that have imposed no local residency requirement, only deputy sheriffs or undersheriffs appointed pursuant to section 59.21(1), Stats., are required to be county residents at the time of initial employment. 80-119
Responsibilities to urbanized areas
A sheriff may not unilaterally withdraw most forms of investigative services provided within one urbanized town within a county. 81-24
Salaries and wages
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
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
Transportation of individual in emergency detention
Pursuant to section 51.20(14), Stats., the director of the county department under section 51.42 or 51.437 may request the sheriff of the county in which an individual was placed under emergency detention to transport that individual to another designated inpatient facility prior to the initial court hearing under chapter 51, and the sheriff must do so within a reasonable time. 80-299
Travel expense
A sheriff who is unsuccessful in serving an execution on a judgment is not entitled to a fee allowed under sec. 59.28, Stats., unless he has in some manner demanded payment on an execution on the judgment under sec. 59.28(6), Stats. 67-140
Tribal police
The Menominee County Sheriff's Department and the Menominee tribal police may carry out a program of cross-deputization. Menominee tribal police must meet the statutory and constitutional requirements for appointment as deputy sheriffs. (Unpub.). 93-1979
