County Board has power to adopt ordinance requiring all county employes, including those employed by the Handicapped Childrens Education Board (HCEB) pursuant to section 115.86(5), Stats., to maintain residence within the county. However, HCEB rather than County Board has power to appoint such personnel and to remove them. Exercise of such power may be limited by civil service ordinance or labor contract. 73-1
Retirement
Authority of a state or governmental subdivision to provide a retirement plan in lieu of or supplemental to existing statutory plans discussed. The Milwaukee School Board is authorized by sec. 111.70, Stats., to contract for a retirement system supplementary to the existing statutory system. 67-153
Constitutionality of 1989 Assembly Bill 565, providing military service credit for State Teachers Retirement System and Milwaukee Teachers Retirement System teachers who retired in 1981, discussed. 79-125
Discussion of authority of Employe Trust Funds to change the form of payment to members of retirement benefits resulting from additional deposits in the Wisconsin Retirement Fund, State Teachers Retirement System and Milwaukee Teachers Retirement Fund. (Unpub.). 80-1977
School boards have authority to contract with teachers to provide for an increment or sum in addition to the regular salary in return for the teacher choosing an early retirement option. 63-16
Teachers' required deposits paid to retirement funds by the employer on behalf of the teachers are not to be used to determine the "final average compensation" under secs. 42.20(26)(a) or 42.70(2)(t), Stats. 62-221
Retirement Board powers discussed
Authority of the Employe Trust Funds Board, the Teachers Retirement Board and the Wisconsin Retirement Board in contested cases discussed. 79-139
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
State aid
Section 121.17(1)(a), Stats., vests discretion in the State Superintendent to withhold state aid from a school district operating under ch. 119, Stats., if the "scope and character of the work" in such district are not maintained because of failure to comply with the 180-day requirement of sec. 121.02(1)(h), Stats. Section 121.17(3), Stats., requires the withholding of state aid from such a school district only if, in the absence of extenuating circumstances set forth in that statutory provision, it fails to employ and pay qualified teachers during the full school session established by the board of school directors. 66-155
Unclassified personnel
A University of Wisconsin teacher must, under sec. 40.146(8)(b), Stats., exhaust all accumulated sick leave prior to payment of an income continuation benefit. A University teacher must exhaust all available sick leave credit before being eligible for a State Teachers Retirement System disability annuity. (Unpub.). 38-1978
Vocational school teachers
Discussion of the power of the Superintendent of Public Instruction to license vocational school teachers to teach public school students. 68-248
TEACHERS RETIREMENT BOARD
Powers discussed
Authority of the Employe Trust Funds Board, the Teachers Retirement Board and the Wisconsin Retirement Board in contested cases discussed. 79-139
TELEPHONE
Emergency telephone systems
If all the municipalities in Milwaukee County establish their own system or combine with several other municipalities to establish a system with a central location, Milwaukee County would be required to establish a system which connects with all central locations of the emergency telephone systems established in the county. It is possible that a mandamus proceeding could be instituted against public officials to obtain compliance with the provisions of the statute. 68-165
TELEVISION
See also LOTTERIES
Bingo
If any element of the Oneida tribe television bingo game occurs off the reservation, it is subject to prosecution under Wisconsin criminal law. 80-332
Cable television facilities
Bingo games sponsored by church organizations using local cable television facilities to broadcast the program where viewers participate in their homes are in violation of ch. 163, Stats. While bingo games conducted pursuant to ch. 163, Stats., enjoy exemption from the constitutional definition of lottery, bingo games which contravene the provisions of ch. 163, Stats., constitute lotteries in this State. Such lotteries are prosecutable under sec. 163.54 or secs. 945.02(3) and 945.03(4), Stats. The fact that community antenna television is regulated by the Federal Communications Commission does not preclude a prosecution on the grounds of federal preemption. The state criminal standard does not conflict with the federal regulation. 65-80
Cable television; splitter fee prohibition
The federal Cable Communications Policy Act, 47 U.S.C. § 521 (1991), does not preempt state prohibition of mandatory fees for the use of splitter devices. 80-248
Coroner's inquest
Open Meeting Law does not apply to a Coroner's inquest. 67-250
Friends" organization
Open meetings and public records laws are not applicable to independently created and independently operated non-stock, non-profit "friends" corporations organized to provide financial and other support to radio and television stations licensed to governmental agencies. 74-38
Lotteries
See also Bingo
Bingo games sponsored by church organizations using local cable television facilities to broadcast the program where viewers participate in their homes are in violation of ch. 163, Stats. While bingo games conducted pursuant to ch. 163, Stats., enjoy exemption from the constitutional definition of lottery, bingo games which contravene the provisions of ch. 163, Stats., constitute lotteries in this State. Such lotteries are prosecutable under sec. 163.54 or secs. 945.02(3) and 945.03(4), Stats. The fact that community antenna television is regulated by the Federal Communications Commission does not preclude a prosecution on the grounds of federal preemption. The state criminal standard does not conflict with the federal regulation. 65-80
TOWNS
See also MUNICIPALITIES
Assessments
Town sanitary district organized under secs. 60.30-60.309, Stats., has power to levy special assessments for improvements against county-owned park lands located within the district. 64-206
Board of review
No additional compensation of any kind may be paid to town supervisors who serve on the town board of review. Compensation may be increased to a town clerk for service on the board of review if the clerk has previously been designated part time by the town meeting pursuant to section 60.305(1)(b), Stats. 79-176
Boundaries
The responsibility of town supervisors under ch. 90, Stats., is limited to assigning to the occupants of adjoining lands the respective share of a division fence which each occupant shall erect and repair, and does not authorize town supervisors to settle boundary disputes. 70-187
Clerk
No additional compensation of any kind may be paid to town supervisors who serve on the town board of review. Compensation may be increased to a town clerk for service on the board of review if the clerk has previously been designated part time by the town meeting pursuant to section 60.305(1)(b), Stats. 79-176
Compatibility
60 OAG 276 (1971) discussed. The conclusion in that opinion is questionable. Until the law is changed offices of town clerk and town treasurer are probably incompatible. 68-393
Compensation for clerks and supervisors
No additional compensation of any kind may be paid to town supervisors who serve on the town board of review. Compensation may be increased to a town clerk for service on the board of review if the clerk has previously been designated part time by the town meeting pursuant to section 60.305(1)(b), Stats. 79-176
Constable
Powers of town constable are largely statutory and include power to make arrests for violations of state traffic laws and enforce town traffic ordinances. Town board has only limited control over such officer and cannot restrict such officer's statutory law enforcement activities. Annual town meeting of electors establishes compensation in lieu of statutory fees. 68-254
Contracts
Towns must let "public contracts" pursuant to the competitive bidding procedures of secs. 60.29(1m) and 66.29, Stats. Contracts which are not "public contracts" are not subject to either advertising or competitive bidding procedures. The definition of public contract includes "supplies" and "materials," but does not include "equipment." 66-284
County aid
County aid available for construction of bridges under sec. 81.38, Stats., may be provided only to towns, and not to cities or villages and may not be provided once a town commences a bridge project. County aid for bridge projects may be provided to cities and villages under sec. 83.03(1), Stats. Such aid may be provided once a municipality has begun work on a bridge project but not after the project has been completed. (Unpub.). 56-1982
County-wide comprehensive zoning ordinance
