SENTENCES
See COURTS; CRIMINAL LAW; PRISONS AND PRISONERS
SEWAGE
See WASTE MANAGEMENT
SHARECROPPING
See LABOR
SHARED REVENUE
See APPROPRIATIONS AND EXPENDITURES
SHELTER HOMES
See FOSTER HOMES
SHERIFFS
See also PUBLIC OFFICIALS; LAW ENFORCEMENT
Age Discrimination in Employment Act
County collective bargaining agreement providing for payment of employe contribution to Wisconsin Retirement System only for those deputy sheriffs under age fifty-five violates the federal Age Discrimination in Employment Act. 72-91
Blood or breathalyzer tests for employes
A Sheriff's department may require an officer to take a breathalyzer or blood test if the officer appears to be under the influence of intoxicants or drugs when the officer reports for duty or is on duty. 73-104
Booking arrestees
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
Citizenship
Previous opinion at 65 OAG 273 (1976), to the effect that sec. 66.11 (1), Stats., is unconstitutional to the extent that it requires U.S. citizenship of police officers and deputy sheriffs is withdrawn in light of a United States Supreme Court decision with respect to a similar requirement in New York. 68-61
Civil service selection
County Board under 500,000 not having civil service system for deputy sheriffs can abolish traffic department organized under sec. 83.016, Stats., and with the cooperation of the Sheriff, such traffic patrolmen can be appointed deputies in the Sheriff's department without providing for civil service selection under sec. 59.21(8)(cm), Stats. Language in 36 OAG 174 (1947) and 38 OAG 245 (1949) distinguished in view of sec. 59.025, Stats., which was enacted after issuance of those opinions. 71-199
Civil service seniority
A public employe departing a non-elected county position in the sheriff's office to assume the elective county office of sheriff is not entitled to reinstatement to the same or a similar position upon termination of service as such elective officer, in the absence of properly authorized civil service or contractual provisions so providing. 78-19
When section 63.065, Stats., permits a person to return from approved leave of absence to classified service without loss of seniority, the statute means that the person is treated for seniority purposes as though he or she never left the position in classified service. 78-11
Compatibility
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
Convicted felons
Convicted felons may not serve as sheriffs, deputy sheriffs, patrolmen, policemen, or constables as these law enforcement officers are "public officers" within the meaning of that term in sec. 17.03(5), Stats., and they hold an "office of trust, profit or honor in this state" within the purview of Wis. Const. art. XIII, sec. 3. 65-292
Coroner
The county board of a county with a population less than 500,000 may abolish the position of undersheriff and transfer all statutory duties and powers of an undersheriff, including those set forth in sec. 59.21(8)(b)1., Stats., to the civil service position of chief deputy sheriff, created under sec. 59.21(8), Stats. The coroner does not exercise the powers and duties of the sheriff, under the authority of sec. 59.34(2), Stats., when there is no sheriff, if the functions, duties, responsibilities and privileges of undersheriff have been properly transferred, pursuant to sec. 59.025(3)(b), (c), Stats., to the position of chief deputy sheriff, which is created and filled, pursuant to sec. 59.21(8), Stats. (Unpub.). 25-1982
The offices of coroner and deputy coroner are incompatible with that of city police officer; and the office of coroner is incompatible with that of assistant chief of a volunteer fire department. 78-49
Costs of juvenile 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
Counties
County, with cooperation of Sheriff and County Board, may join with other counties to share services of deputy sheriffs in narcotics investigations within limits of secs. 59.24(2), 66.305, 66.315, Stats. 63-596
Deputy sheriff
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
Deputy sheriff appointed under sec. 59.21(2) and (8)(a), Stats., must be a resident of the State and must, before qualifying and serving, be a resident of the county and must continue to maintain residency therein. 66-315
Leave without pay for a deputy who has been elected to a county or state office must be granted. Applicable statutes discussed. 68-124
Making citizenship a prerequisite for deputy sheriff position violates Fourteenth Amendment. 65-273
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
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
