Wisconsin Legislature: Authority

Pursuant to sec. 895.35, Stats., a city council can, in limited circumstances, reimburse a council member for reasonable attorneys' fees incurred in defending an alleged violation of the Open Meeting Law, but cannot reimburse such member for any forfeiture imposed. Section 895.46(1), Stats., is not applicable to forfeiture actions. Such member could not be reimbursed, indirectly, under liability insurance policy procured by a municipality, for any forfeiture imposed. 66-226

A city may reimburse a commissioner of the city redevelopment authority for his legal expenses incurred where charges are filed against him in his official capacity seeking his removal from office for cause and such charges are found by the common council to be unsupported. Such reimbursement is discretionary. The city redevelopment authority lacks statutory authority to authorize reimbursement for such legal expenses. 63-421

Special assessments

Section 74.80(2), Stats., permits counties and cities to impose by ordinance a flat six percent or less penalty on overdue real estate taxes and special assessments, regardless of when they became or become overdue. 71-189

Taxation

Where city created tax incremental finance district by resolution adopted May 1, 1977, date of creation for purposes of calculating extended six year cut-off period within which expenditures must be made under section 66.46(6)(a)2., Stats., was January 1, 1977, and six year period expired on December 31, 1982. (Unpub.). 23-1983

Zoning

1. An extraterritorial zoning ordinance may utilize interior section lines. 2. Interim extraterritorial zoning ordinances need not be based on a land use survey. 3. Amendment of interim extraterritorial zoning ordinances discussed. 4. Appeals under an interim extraterritorial zoning ordinance are handled by the city or village. 5. Administration of extraterritorial zoning is by the city or village. 6. The joint extraterritorial zoning committee continues to exist after adoption of the comprehensive extraterritorial zoning ordinance. 67-238

CITIZENS UTILITY BOARD

Creation of

The creation of a corporation, the Citizens Utility Board, under ch. 199, Stats., is constitutional. 69-153

Dissolution and reorganization as non-profit corporation

The Citizens Utility Board, a body corporate and politic, legally dissolved and reorganized as a non-stock, non-profit corporation. 75-168

CITIZENSHIP AND NATURALIZATION

Law enforcement officer

Sections 62.13(4)(d) and 66.11(1), Stats., making citizenship a prerequisite to becoming a police officer or deputy sheriff violates the Fourteenth Amendment of the U.S. Constitution when applied to resident aliens. 65-273

CITY CLERK

Authority

Under sec. 9.20(3), Stats., a city clerk's authority to examine the "sufficiency" and "form" of an initiative petition is at least as extensive as the city council's under sec. 9.20(4), Stats. This judicially established authority should only be exercised where a substantive insufficiency clearly exists. 69-41

CIVIL ACTIONS

Commitments

State may require proof beyond a reasonable doubt in civil commitments although a lesser burden would be sufficient under the U.S. Constitution. 68-406

CIVIL DEFENSE

Worker's compensation

A disaster training exercise is covered employment for worker's compensation purposes under sec. 22.16(9)(d), Stats. Pursuant to that provision, a person remains the employe of his or her initial emergency government unit for the duration of an emergency government activity. Section 22.16(9)(f), Stats., also construed. 62-217

CIVIL RIGHTS

See also PUBLIC OFFICIALS

Classified service

Staff positions in the Milwaukee District Attorney's office, which are mandated by statute as unclassified positions must be created in the unclassified service, unless the county's Civil Service Commission determines that transferring these positions to the classified service is necessary to secure the best service for the county. (Unpub.). 17-1989

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

Collective bargaining

Matters within the scope of bargaining as set forth in sec. 111.91, Stats., agreed to by the Department of Administration and a state employe union are not effective until submitted as tentative agreements to and approved by the Joint Committee on Employment Relations. Action of the Secretary of the Department of Administration in agreeing to so-called non-recrimination clause was within his discretion but the clause itself is unenforceable until approved by the Joint Committee on Employment Relations. 67-38

"Raised hiring rate" and "hiring above the minimum" practices utilized by administrator of Division of Personnel pursuant to Wis. Adm. Code section Pers. 5.02(1) and (2) 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

County auditor

The civil service provisions of sections 63.01 to 63.17, Stats., are not applicable to appointments of a county auditor or deputy auditor pursuant to section 59.72(3) and (4) unless such a civil service system is mandated for such county because it contains 500,000 inhabitants or more, or such system is applicable because the county involved has exercised its option under section 63.01 to enact such a system. 78-91

County 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 a 51.42 Board employe which is not authorized under the county civil service ordinance. 67-143

Deputy sheriff

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

Section 63.065, Stats., applies to county having a population of less than 500,000 which has adopted a civil service program for deputy sheriffs pursuant to sec. 59.21(8)(a), Stats., and which operates under a civil service commission. Where an application for leave is applied for by a deputy who has been elected to a county or state office, leave without pay must be granted. 68-124

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

Discharge of a classified employe

Provisions of a county civil service ordinance enacted under sec. 59.07(20), Stats., or collective bargaining agreement entered into pursuant to sec. 111.70, Stats., establishing a procedure to be followed prior to discharge of a classified employe, supersede and modify provisions of sec. 59.38(1), Stats., which authorize a clerk of court to discharge a deputy clerk of court at pleasure. 63-147

Drug testing; pre-employment

A municipality's decision to require pre-employment drug testing for prospective employes must balance the need for testing in particular positions against the invasion of personal rights that the search entails, considering all relevant factors. 76-257

Hatch Act

See Political activities