Category: Wisconsin Attorney General Opinions

ROBERT W. WINTER, JR., Vice President, University of Wisconsin System. Attorney General of Wisconsin — Opinion. November 20, 1972. University of Wisconsin — Steam Selling — Steam may not be sold under sec. 197.20, Stats., to an association organized for religious purposes. ROBERT W. WARREN, Attorney General ROBERT W. WINTER, JR., Vice President, University of […]

SAMUEL G. GATES, Associate Director, Wisconsin State Universities. Attorney General of Wisconsin — Opinion. March 31, 1971. State University System — Tenure — (Informal) — Under sec. 37.31, Stats., the faculty acquires tenure in the system as distinct from tenure at one particular institution within the system. ROBERT W. WARREN, Attorney General SAMUEL G. GATES, […]

ROBERT G. OTT, Acting Corporation Counsel Milwaukee County Attorney General of Wisconsin — Opinion February 20, 1989 Attorney General; County Board; Superfund Amendments And Reauthorization Act Of 1986; A local emergency planning committee created by the county board pursuant to section 59.07(146), Stats., is in many respects treated as other county committees. The county board […]

DENNIS J. FLYNN, Corporation Counsel, Racine County. Attorney General of Wisconsin — Opinion. July 24, 1972. Attorneys’ Fees — Divorce Actions — Section 49.01 (1), Stats., is not broad enough to include attorneys’ fees incurred by eligible dependent person to prosecute or defend divorce action. ROBERT W. WARREN, Attorney General DENNIS J. FLYNN, Corporation Counsel, […]

DONALD E. PERCY, Secretary Department of Health and Social Services Attorney General of Wisconsin — Opinion April 2, 1980 Page 96 Public Assistance; Public Records; Because records concerning AFDC recipients are confidential, only the amounts of monthly payments made to AFDC recipients, together with their names and addresses, may be released to the Department of […]

PHILIP E. LERMAN, Executive Director State Manpower Council Attorney General of Wisconsin — Opinion January 26, 1977. Counties, County Board; Contracts, Governor, Labor, Federal Aid; The Governor can designate counties as agencies of the state to contract with nonprofit private agencies to utilize funds to provide public service jobs under Federal Comprehensive Employment and Training […]

MICHAEL J. MULROY, District Attorney La Crosse County Attorney General of Wisconsin — Opinion August 7, 1979. Implied Consent Law; Under the Implied Consent Law, sec. 343.305, Stats., hospitals must comply with the request of a law enforcement officer to administer chemical tests including a blood test. This assumes that the driver has not withdrawn […]

DANIEL L. LAROCQUE, District Attorney, Marathon County. Attorney General of Wisconsin — Opinion. January 19, 1972. Deputy Sheriffs — Civil Service Commission — Where a county has a civil service plan for deputy sheriffs under sec. 59.21 (8) (a), Stats., transfers may result in promotion, and such vacancies should be filled by examination and certification […]

ZEL S. Rice II, Secretary, Department of Transportation Attorney General of Wisconsin — Opinion April 7, 1977. Automobiles And Motor Vehicles; Criminal Law; Highways; Indians; Land; Law Enforcement; Licenses And Permits; Motor Vehicle Department; Motor Vehicles; Public Lands; Right Of Way; Transportation; The state has jurisdiction over members of the Menominee Tribe on public roads […]

STATE DEPARTMENT OF TRANSPORTATION. Attorney General of Wisconsin — Opinion. January 28, 1972. Highway Commission Powers — Property — State Highway Commission has the power to condemn lands of one property owner to provide a public access road to another property owner who would otherwise be landlocked. ROBERT W. WARREN, Attorney General STATE DEPARTMENT OF […]

ROBERT W. WING, District Attorney Pierce County Attorney General of Wisconsin — Opinion August 18, 1977. Counties; Deeds; Fees; Forest Crop Law, Natural Resources, Department Of, Register Of Deeds, Taxation; A county register of deeds must record Department of Natural Resources’ orders under the forest croplands program, sec. 77.02(3), Stats., and the woodland tax law, […]

JAMES KLAUSER, Secretary Wisconsin Department of Administration Attorney General of Wisconsin — Opinion February 10, 1988 Garnishment; State; The state is immune from suit in any garnishment action not involving a state employe or officer and, with the exception of those cases falling under sections 779.15 and 779.155, Stats., monies held in the state treasury […]

WILLIS J. ZICK, Corporation Counsel Waukesha County Attorney General of Wisconsin — Opinion April 24, 1979. Civil Service; Deputy Sheriffs; Public Officials; 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 […]

NATALIE SMITH, Executive Director Judicial Commission Attorney General of Wisconsin — Opinion January 16, 1980 Judicial Commission; Orders of former Judicial Commission, which was created and abolished by supreme court order, which created temporary vacancies in the 26th Judicial Circuit Court, Walworth County, and Branch I of the 22nd Judicial Circuit Court in Waukesha County, […]

ALLAN O. MAKI, District Attorney, St. Croix County. Attorney General of Wisconsin — Opinion. May 24, 1972. Deputy Sheriffs — Police Protection — Neither sheriff nor his deputy can solicit or receive compensation not provided by law for official duties but deputy, while off duty, can be employed as a private security officer. ROBERT W. […]

JAMES UNGRODT, Corporation Counsel, Calumet County Attorney General of Wisconsin — Opinion January 5, 1978. Compatibility; County Board; County Clerk, Officers And Offices; Salaries And Wages; Section 59.025 (3) (c), Stats., does not apply to county clerk; and whereas a county board may create position of administrative services co-ordinator, transfer of duties currently performed by […]

ALDWIN H. SEEFELDT, Corporation Counsel, Washington County. Attorney General of Wisconsin — Opinion. September 2, 1971. County Government — Apportionment — (Informal) — Section 59.03 (2) (a), Stats., specifies the maximum number Page 328 of county board supervisors permitted for each of four classes of counties, but the statute does not establish a separate minimum […]

GARY I. GATES, Secretary Department of Employe Trust Funds Attorney General of Wisconsin — Opinion December 8, 1987 Constitutionality; Legislation; Retirement Systems; Section 684r of the 1987 budget bill, which limits the distribution from the special performance dividend to only those annuitants receiving a supplemental benefit, does not violate the United States or Wisconsin Constitutions. […]

EVERETT E. BOLLE, Assembly Chief Clerk, Assembly Committee on Organization Attorney General of Wisconsin — Opinion December 29, 1978. Leases; Schools And School Districts; Common school districts have the authority to lease property that they own if such property is not currently needed for school purposes and if the lease is authorized by the annual […]

R.J. MCMAHON, Commissioner Savings and Loan Attorney General of Wisconsin — Opinion October 14, 1981. Savings And Loan Associations; 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. BRONSON C. La FOLLETTE, Attorney General R.J. MCMAHON, Commissioner Savings […]

WAYNE F. MCGOWN, Deputy Secretary, Department of Administration. Attorney General of Wisconsin — Opinion. July 5, 1972. Building Commission — Parking Facility — Building Trust Funds may not be used to construct a project that has not been provided for in either the long-range building program or specifically described in the 1969 or 1970 session […]

DANIEL G. SMITH, Deputy Secretary Department of Revenue Attorney General of Wisconsin — Opinion July 14, 1977. Automobiles And Motor Vehicles; Fees: Forests; Motor Vehicles; Natural Resources, Department Of; Parking; Parks; Sales; State Parks; Taxation; Fees collected by the Department of Natural Resources for admissions to state parks and forests are subject to sales taxation […]

WILLIAM F. BOCK, Corporation Counsel Racine County Attorney General of Wisconsin — Opinion March 16, 1979. County Executives; Ordinarily, where a county has a county executive, “operating” or “servicing” committees of the county do not have authority to exercise day-to-day administrative supervision and direction of county departments or functions. BRONSON C. La FOLLETTE, Attorney General […]

DORIS J. HANSON, Chairman, Public Records Board Attorney General of Wisconsin — Opinion July 24, 1974. Schools And School Districts; Public Records; Common school districts are presently without authority to destroy records which fall within sec. 19.21 (1), Stats., and which are not pupil records under sec. 118.125 (1), Stats. Where city school district is […]

JEROME H. CAHILL, District Attorney Waukesha County Attorney General of Wisconsin — Opinion February 1, 1980 Courts; Minors; Municipal Court; Penalty Assessment; When a municipal court adjudges a child to have violated a municipal ordinance, that court must impose court costs and should add the ten percent penalty assessment provided in sec. 165.87(2), Stats., to […]

FRED A. RISSER, Chairperson Senate Organization Committee Attorney General of Wisconsin — Opinion December 19, 1988 Newspapers; Open Meeting; News media who have filed written requests for notices of public meetings cannot be charged fees by governmental bodies for the communication of such notices. DONALD J. HANAWAY, Attorney General FRED A. RISSER, Chairperson Senate Organization […]

JAMES A. SIMMONDS, City Attorney, City of Wausau Attorney General of Wisconsin — Opinion August 26, 1976. Open Meetings; Anti-Secrecy; Municipalities; Boards of review cannot rely on exemptions in Open Meeting Law, sec. 19.85 (1), to close any meeting in view of explicit requirements in sec. 70.47 (2m), Stats. BRONSON C. La FOLLETTE, Attorney General […]

Mr. Jon E. Litscher Attorney General of Wisconsin — Opinion June 2, 1994 Meaning of the phrase “declares an intention to run for office” in section 230.40(2), Stats., discussed. JAMES E. DOYLE, Attorney General Mr. Jon E. Litscher Secretary Department of Employment Relations 137 East Wilson Street Madison, Wisconsin 53702 Dear Mr. Litscher: You have […]

RAY A. SUNDET, Corporation Counsel, La Crosse County Attorney General of Wisconsin — Opinion June 12, 1974. County Board; Members of a county board appointed to a unified board, created pursuant to sec. 51.42 (4) (b), Stats., serve for the full term for which appointed, without reference to the termination of their office as county […]

FRED A. RISSER, Chairperson Senate Organization Committee Attorney General of Wisconsin — Opinion February 7, 1992 Corporations; Employer And Employe; Unemployment Compensation, Words And Phrases, Strict compliance with all criteria in section 108.02(12m), Stats., and section 108.065 is required before a company will qualify as an employe service company and the employer for unemployment compensation […]

WILLIS J. ZICK, Corporation Counsel Waukesha County Attorney General of Wisconsin — Opinion September 22, 1978 Counties; Indigent; Legal Settlement; Medical Aid; Prisons And Prisoners; Public Assistance; Law relating to liability for cost of providing hospital and medical care to indigent person under arrest discussed. Secs. 53.38 and 49.02 (5), Stats. BRONSON C. La FOLLETTE, […]

JOHN E. SHEEHAN, District Attorney, Rock County. Attorney General of Wisconsin — Opinion. June 1, 1972. Voting Rights Of Felons — Criminal Law — Under sec. 57.078, Stats., a person convicted of a crime may vote if he has satisfied his sentence. ROBERT W. WARREN, Attorney General JOHN E. SHEEHAN, District Attorney, Rock County You […]

THOMAS B. RUSBOLDT, District Attorney Manitowoc County Attorney General of Wisconsin — Opinion February 20, 1976 Automobiles And Motor Vehicles; Police; A person who flees or attempts to elude an unmarked police car, with flashing red lights and/or siren operating, does not violate sec. 346.04 (3), Stats., unless the person knows that the signal from […]

JOHN E. SHEEHAN, District Attorney, Rock County. Attorney General of Wisconsin — Opinion. October 20, 1971. Cable Television — Lottery Law — (Informal) — Monies paid by individuals to subscribe to CATV could be consideration in a 945.01 (2) (b) 2. a., Stats., prosecution. ROBERT W. WARREN, Attorney General JOHN E. SHEEHAN, District Attorney, Rock […]

MARTIN J. SCHREIBER, Lieutenant Governor Attorney General of Wisconsin — Opinion June 13, 1977. Governor; Lieutenant Governor; Public Officials; Lieutenant Governor who becomes Acting Governor may retain Lieutenant Governor’s staff. BRONSON C. La FOLLETTE, Attorney General MARTIN J. SCHREIBER, Lieutenant Governor You have asked me whether the Lieutenant Governor may maintain his present staff when […]

WILLIAM A.J. DRENGLER, Corporation Counsel Marathon County Attorney General of Wisconsin — Opinion February 11, 1987 Cities; County Board; Public Officials; Reapportionment; Where, as a result of the alteration of the county board supervisory districts, a supervisor’s residence is left outside the district he or she represents, the supervisor may continue to represent that district […]

JAMES H. OLSON, District Attorney, Dodge County. Attorney General of Wisconsin — Opinion. June 23, 1972. Huber Law — Lodging Charges — Section 56.08 (4), Stats., fixes liability upon Huber Law prisoners for cost of lodging may not be satisfied out of Huber earnings. ROBERT W. WARREN, Attorney General JAMES H. OLSON, District Attorney, Dodge […]

NORMAN M. CLAPP, Secretary, Department of Transportation Attorney General of Wisconsin — Opinion June 20, 1974. Civil Service; Public Officials; State employes covered by the Hatch Act cannot be discharged for partisan political participation while on leaves of absence pursuant to sec. 16.35 (2) and (4). ROBERT W. WARREN, Attorney General NORMAN M. CLAPP, Secretary, […]

DR. BARBARA THOMPSON, State Superintendent Department of Public Instruction Attorney General of Wisconsin — Opinion January 17, 1974. Schools And School Districts; Education; Because of lack of statutory authority, speech therapists may not supply services to students attending therapy sessions in parochial school buildings. ROBERT W. WARREN, Attorney General DR. BARBARA THOMPSON, State Superintendent Department […]

JEROME P. TLUSTY, Assistant District Attorney, Marathon County. Attorney General of Wisconsin — Opinion. September 27, 1971. Motor Vehicles — Drunk Driving — (Informal) — Temporary occupational licenses may be issued only after 30 days from the date of conviction. ROBERT W. WARREN, Attorney General JEROME P. TLUSTY, Assistant District Attorney, Marathon County You have […]

WILLIAM E. CHASE, District Attorney Ashland County Attorney General of Wisconsin — Opinion April 25, 1974 County Treasurer; Land; Taxation; Section 75.07 (1), Stats., requiring publication of redemption notice prior to expiration of time to redeem lands sold for taxes, is directory only; and failure to include in such publication the name of the person […]

PATRICK H. STIEHM, District Attorney, Washburn County Attorney General of Wisconsin — Opinion December 18, 1978. Contracts; Counties; Highways; Public Purpose Doctrine; Snow Removal; Section 86.105, Stats., does not authorize counties to contract to plow private parking lots. Because of increased availability of private sector alternatives any activity engaged in pursuant to said statute should […]

MICHAEL LEY, Secretary Wisconsin Department of Revenue Attorney General of Wisconsin — Opinion January 5, 1984 CIRCUIT COURT; FEES; GARNISHMENT; In garnishment actions, a clerk of circuit court is not authorized to collect the deposit and disbursement fees set forth in section 814.61(12)(a), Stats., unless the garnishee has paid money into court and obtained a […]

RAND KRUEGER, District Attorney Marathon County Attorney General of Wisconsin — Opinion March 15, 1988 District Attorney; Law Enforcement, Salaries And Wages; 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 […]

FRANK A. MEYERS, Division of Criminal Investigation, Department of Justice. Attorney General of Wisconsin — Opinion. February 18, 1972. Municipal Corporations — Beer Licenses — Under sec. 66.054 (4) (a), Stats., a Class “B” retail license may not be issued to a licensed wholesaler of fermented malt beverages. ROBERT W. WARREN, Attorney General FRANK A. […]

BRUCE E. SCHROEDER, District Attorney, Kenosha County Attorney General of Wisconsin — Opinion December 30, 1975. Intoxicating Liquors; Licenses And Permits; No violation of sec. 176.07, Stats., is committed where premises licensed for the sale of intoxicating liquor at retail are so constructed, either by original construction or by remodeling, as to eliminate at all […]

MATTHEW F. ANICH, District Attorney Ashland County Attorney General of Wisconsin — Opinion October 19, 1979. Clerk of Courts; Courts; Public Records; After a transcript of court proceedings is filed with the clerk of court, any person may, pursuant to secs. 19.21 (2) and 59.14 (1), Stats., examine or copy such transcript. BRONSON C. La […]

ANTHONY S. EARL, Secretary Department of Natural Resources Attorney General of Wisconsin — Opinion January 12, 1979. Eminent Domain; Public Lands; Limited to a specific fact situation the Department of Natural Resources need not comply with the eminent domain procedure of ch. 32, Stats., when acquiring property if there is a bona fide intention not […]

WILLIAM C. KAHL, State Superintendent, Department of Public Instruction. Attorney General of Wisconsin — Opinion. May 25, 1971. Transportation of Students — Pre-School Handicapped Children — (Informal) — Effect of statutes dealing with transportation of students on nonresident pre-school handicapped children discussed. Page 183 ROBERT W. WARREN, Attorney General WILLIAM C. KAHL, State Superintendent, Department […]

ROY E. HAYS, Executive Secretary, Wisconsin Real Estate Examining Board Attorney General of Wisconsin — Opinion June 21, 1974. Real Estate Examining Board; Zoning; Provisions in Executive Order 67 (1973), with respect to duty of real estate broker to advise prospective purchasers of flood plain zoning status of property, do not constitute new standard but […]

VICTOR MOYER, Corporation Counsel, Rock County Attorney General of Wisconsin — Opinion August 3, 1976. County Clerk; County Treasurer; Accountants; Bookkeeping; Auditor; Public Officials; Administrative Procedure; County board can only grant powers of indirect supervision to finance director with respect to accounting or bookkeeping duties of county clerk required by statute or board resolution to […]

L.P. VOIGT, Secretary, Department of Natural Resources. Attorney General of Wisconsin — Opinion. July 29, 1971. Forest Crop Law — Counties, Restrictive Covenants — (Informal) — Iron County does not have the power to incorporate a restrictive covenant in its conveyances which prohibits the grantee from entering land under the Forest Crop Law because the […]

ED JACKAMONIS, Speaker Wisconsin State Assembly Attorney General of Wisconsin — Opinion March 6, 1980 City Clerk, Referendum; 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 […]

GARY I. GATES, Secretary Department of Employe Trust Funds Attorney General of Wisconsin — Opinion June 16, 1987 Compatibility; Retirement Systems; Public school administrators are eligible to be candidates for and to vote for teacher representatives on the Teachers Retirement Board. DONALD J. HANAWAY, Attorney General GARY I. GATES, Secretary Department of Employe Trust Funds […]

DAVID G. WALSH, Chairman Elections Board Attorney General of Wisconsin — Opinion August 1, 1978. Appropriations And Expenditures; Associations; Corporations; Elections; Funds; Reports; Wisconsin Administrative Code section ElBd 1.06, and the forms developed to effectuate that rule, EB-11 and EB-12, which require corporations and associations to register and twice yearly report their expenditures for the […]

GERALD L. ENGELDINGER, Corporation Counsel Winnebago County Attorney General of Wisconsin — Opinion January 14, 1982. Criminal Law; Intrusive searches of the mouth, nose or ears are not covered by sec. 968.255 (3), Stats. However, searches of those body orifices should be conducted by medical personnel to comply with the fourth and fifth amendments. Page […]

ROBERT D. ZAPF, District Attorney Kenosha County Attorney General of Wisconsin — Opinion April 22, 1986 Lotteries; The dissemination of out-of-state lottery tickets by business establishments in Wisconsin, with or without a purchase, is a violation of chapter 945, Stats. BRONSON C. La FOLLETTE, Attorney General ROBERT D. ZAPF, District Attorney Kenosha County You ask […]

FRED A. RISSER, President State Senate Attorney General of Wisconsin — Opinion February 5, 1981. Inebriates And Drug Addicts; Minors; An outpatient treatment program for alcohol and other drug abuse which meets the standards contained in section PW-MH 61.03 Wis. Adm. Code, and has been formally approved by the Department of Health and Social Services […]

GLENN L. HENRY, Corporation Counsel Dane County Attorney General of Wisconsin — Opinion December 14, 1978. Appropriations And Expenditures; Charitable Organizations; Corporations; Counties; County Board; A county may, through its boards and commissions, purchase services from various nonprofit organizations within the scope of such board or commission’s authority. Where county board has created community relations-social […]

OWEN R. WILLIAMS, District Attorney St. Croix County Attorney General of Wisconsin — Opinion September 11, 1975 Indigent; Municipalities; A defendant may be incarcerated by court order for failing to pay a fine imposed for the violation of a municipal ordinance. Unless the defendant applies to the court and obtains relief on the grounds that […]

MARLENE CUMMINGS, Secretary Department of Regulation and Licensing Attorney General of Wisconsin — Opinion March 19, 1987 Architects And Engineers; Licenses And Permits; The Examining Board of Architects, Professional Engineers, Designers and Land Surveyors may not promulgate a rule requiring out-of-state applicants for certification as land surveyors to pass an examination concerning Wisconsin practices and […]

JOHN C. ZINOS, Commissioner, Department of Industry, Labor and Human Relations. Attorney General of Wisconsin — Opinion. December 4, 1973. Administrative Code — Industry, Labor and Human Relations, Department of — The Department of Industry, Labor and Human Relations cannot enact a rule which would alter the common law rights and duties of adjoining landowners […]

THOMAS LOFTUS, Chairperson Assembly Organization Committee Attorney General of Wisconsin — Opinion May 20, 1985 Municipalities; Schools And School Districts; Taxation; School districts may not invoke the damage and interest provisions of section 74.22, Stats., to penalize a township for failing to settle tax payments within the time required by law. BRONSON C. La FOLLETTE, […]

THE HONORABLE, THE ASSEMBLY Attorney General of Wisconsin — Opinion December 28, 1976. Schools And School Districts; Education; Tuition; Public Assistance; Residence, Domicile And Legal Settlement; The term “legal settlement” as used in sec. 121.77 (1). Stats., is interpreted. BRONSON C. La FOLLETTE, Attorney General THE HONORABLE, THE ASSEMBLY Legislature 1975 Assembly Resolution 47 requests […]

JAMES M. LAPOINTE, District Attorney, Ozaukee County. Attorney General of Wisconsin — Opinion. November 28, 1973. County Judge — Salaries and Wages — County board can reduce additional salary payable to county judge under sec. 253.07 (2), Stats., during term only to extent necessary to keep total salary of county judge, state, county and county […]

ROBERT P. SORENSEN, PH.D., State Director Wisconsin Board of Vocational, Technical and Adult Education Attorney General of Wisconsin — Opinion April 29, 1985 State Aid; Vocational; Technical And Adult Education, Board Of; The Wisconsin Board of Vocational, Technical and Adult Education has authority to adopt a policy which provides for the payment of state aids […]

Real Estate Examining Board Attorney General of Wisconsin — Opinion February 18, 1981. Corporations; Licenses And Permits, Real Estate Brokers; A corporation not licensed as a real estate broker does not violate ch. 452, Stats., if it allows its nonlicensed employes to negotiate for and sign apartment leases of property owned by the corporation. Permitted […]

HOWARD G. BJORKLUND, Secretary Law Enforcement Standards Board Department of Justice Attorney General of Wisconsin — Opinion December 3, 1976. Law Enforcement; Police; Criminal Law; Rule-Making; Sheriffs; Public Officials; Constables; 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 […]

EUGENE LEHRMANN, State Director Board of Vocational, Technical and Adult Education Attorney General of Wisconsin — Opinion May 22, 1974 Schools And School Districts; Taxation; Vocational, Technical and Adult Education District owning residential property is subject to tax levied for school purposes under sec. 70.114 (1), Stats. ROBERT W. WARREN, Attorney General EUGENE LEHRMANN, State […]

THOMAS LOFTUS, Chairperson Assembly Committee on Organization Attorney General of Wisconsin — Opinion July 24, 1985 Fire Department; Municipalities, Section 61.65 (2), Stats., permits three or more municipalities, including a mixture of three villages and a city, to establish and operate a joint fire department. Recourse to section 66.30 does not appear to be necessary […]

RAYMOND L. PELRINE, District Attorney Eau Claire County Attorney General of Wisconsin — Opinion February 25, 1992 Open Meeting; The exemption in section 19.85(1)(c), Stats., of the open meetings law only authorizes a governmental body to convene in closed session to consider employment, compensation, promotion or performance evaluation of a specific public employe or employes. […]

WALTER KUNICKI, Chairperson Assembly Organization Committee Attorney General of Wisconsin — Opinion April 10, 1991 Schools And School Districts; 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. […]

NORMAN M. CLAPP, Secretary, Department of Transportation. Attorney General of Wisconsin — Opinion. February 23, 1973. Police — Workmen’s Compensation — A state traffic patrol officer should not except in extreme emergencies be impressed for service as part of a posse comitatus pursuant to sec. 59.24 (1), Stats. Where duly impressed he is entitled to […]

JAMES R. KLAUSER, Secretary Department of Administration Attorney General of Wisconsin — Opinion July 10, 1989 Great Lakes Protection Fund; State; The state may not contract public debt to finance its contribution to the proposed Great Lakes Protection Fund because the projects intended to be funded are not water improvements within the meaning of article […]

BARTLEY G. MAUCH, District Attorney Sauk County Attorney General of Wisconsin — Opinion January 10, 1985 Public Records; Prosecutors’ case files are not subject to access under the public records laws. BRONSON C. La FOLLETTE, Attorney General BARTLEY G. MAUCH, District Attorney Sauk County In your letter of November 17, 1983, you express concern about […]

Mr. Peter A. Kastenholz Attorney General of Wisconsin — Opinion May 6, 1993 Section 19.36 (7), Stats., is an exception to the public records law and, therefore, should be narrowly construed. As used in that statute the terms “applicant” and “candidate” are synonymous. Definition of “final candidate” discussed. JAMES E. DOYLE, Attorney General Mr. Peter […]

TERENCE M. DUNLEAVY, Executive Director Wisconsin Racing Board Attorney General of Wisconsin — Opinion November 5, 1991 Administrative Code; Residence, Domicile And Legal Settlement; Wisconsin Racing Board; Words And Phrases; Under 1987 Wisconsin Act 354 and section 562.05(3w)(a), Stats., residency for purposes of owning and operating a racetrack does not require fifty-one percent ownership by […]

LUVENIA V. CHILDS, Chairperson Cosmetology Examining Board Attorney General of Wisconsin — Opinion September 28, 1981. Cosmetology Examining Board; Regulation And Licensing, Department Of; Relationship between the Department of Regulation and Licensing, its secretary, the Cosmetology Examining Board and the Governor discussed in the areas of personnel, examinations and educational activities. BRONSON C. La FOLLETTE, […]

JOSEPH SALITURO, Corporation Counsel Kenosha County Attorney General of Wisconsin — Opinion March 16, 1976 County Board; Public Health; A county board has the power to reduce membership on a sec. 51.42 board from fifteen to nine, but must do so by abolishing the offices of specific members as their current terms expire. BRONSON C. […]

CARROLL D. BESADNY, Secretary Department of Natural Resources Attorney General of Wisconsin — Opinion July 20, 1982. Criminal Law; Fish And Game; A criminal prosecution pursuant to sec. 29.995, Stats., for a repeated violation of fish and game laws must be commenced by complaint as provided in sec. 968.02, Stats. Such a prosecution must be […]

WILLIAM F. BOCK, Corporation Counsel, Racine County Attorney General of Wisconsin — Opinion April 6, 1977. Automobiles And Motor Vehicles; Counties; County Highway Committee; Highways; Motor Vehicles; Police Powers, Public Health And Safety; Public Health; Safety; Traffic; Counties do not have any general police power authority to control truck traffic, but are restricted to controlling […]

CHARLOTTE M. HIGBEE, Chairperson Personnel Commission Attorney General of Wisconsin — Opinion September 21, 1981. Discrimination; State Employment Labor Relations; A state agency may insist on the presence of legal counsel when making agency personnel available for informal interviews conducted by Personnel Commission equal rights officers in the course of investigating complaints of employment discrimination […]

JOAN M. ARNOLDI, D.V.M., Chairman Veterinary Examining Board Attorney General of Wisconsin — Opinion March 12, 1976 Licenses And Permits; Veterinarian; Veterinary Examiners, Board Of; The Veterinary Examining Board lacks authority to condition the renewal of licenses upon either reexamination or continuing education. BRONSON C. La FOLLETTE, Attorney General JOAN M. ARNOLDI, D.V.M., Chairman Veterinary […]

DANIEL L. LAROCQUE, District Attorney, Marathon County Attorney General of Wisconsin — Opinion June 21, 1974. Automobiles And Motor Vehicles; Licenses And Permits; Suspension or revocation of operating privilege under secs. 343.30 (1) and (1m), Stats., applies to both the regular driver’s license and to the chauffeur’s license. ROBERT W. WARREN, Attorney General DANIEL L. […]

ROBERT P. RUSSELL, Corporation Counsel Milwaukee County Attorney General of Wisconsin — Opinion January 21, 1974. Indigent; Public Defenders; The power to appoint counsel for an indigent defendant vested by sec. 970.02 (6), Stats., in a judge cannot be transferred to a non-stock, nonprofit corporation operating as a public defender’s office. ROBERT W. WARREN, Attorney […]

DENNIS J. FLYNN, Corporation Counsel, Racine County Attorney General of Wisconsin — Opinion October 2, 1974. Counties; Corporation Counsel should provide legal advice and representation to 51.42 and 51.437 Boards as well as to the County Board. ROBERT W. WARREN, Attorney General DENNIS J. FLYNN, Corporation Counsel, Racine County In 1973 the legislature revised the […]

A. HENRY HEMPE, Corporation Counsel, Rock County. Attorney General of Wisconsin — Opinion. June 6, 1972. Highways — Jurisdiction — Local unit of government is without jurisdiction to unilaterally change segment of state highway system. Page 264 ROBERT W. WARREN, Attorney General A. HENRY HEMPE, Corporation Counsel, Rock County I am advised that for a […]

RICHARD F. FOLTZ Burlington Attorney General of Wisconsin — Opinion October 29, 1976. Anti-Secrecy; Open Meeting; Newspapers; Open Meetings of Governmental Bodies Law, subch. IV of ch. 19, Stats., does not require that notice of a meeting be given by a legal notice or paid publication. Method of giving notice pursuant to sec. 19.84 (1), […]

N.L. BERGSTROM, Corporation Counsel Lincoln County Attorney General of Wisconsin — Opinion July 15, 1988 Liability; North Central Wisconsin Regional Planning Commission; Employes of regional planning commissions organized under section 66.945, Stats., are not state agents, officers or employes within the meaning of section 895.46(1)(a), but they are protected by that subsection’s requirement that such […]

HAROLD D. GEHRKE, City Attorney Wauwatosa Attorney General of Wisconsin — Opinion August 6, 1979. Civil Rights; Discrimination; Licenses And Permits; Section 66.054 (11), Stats., which permits the issuance of bartenders’ licenses to persons of “good moral character” does not automatically preclude issuance to a former offender, especially in light of sec. 111.32 (5)(h), Stats., […]

GEORGE E. RICE, Acting Corporation Counsel Milwaukee County Attorney General of Wisconsin — Opinion June 3, 1988 Attorney General; Contracts; County Board; Ordinances; Public Works; The Milwaukee County board may not delegate the exclusive authority to approve contracts for budgeted public works projects to the museum board or to the zoological board. Except in extraordinary […]

ROBERT C. ZIMMERMAN, Secretary of State Attorney General of Wisconsin — Opinion September 30, 1974. Secretary of State; Changes in Uniform Commercial Code filing procedures brought about by the amendments to secs. 409.401 (1) (c) and 409.403 (1), Stats., by ch. 215, Laws of 1973, discussed. ROBERT W. WARREN, Attorney General ROBERT C. ZIMMERMAN, Secretary […]

RICHARD C. KELLY, District Attorney, Juneau County Attorney General of Wisconsin — Opinion July 10, 1974. Counties; Real Estate; Register Of Deeds; In a county maintaining a tract index system, the register of deeds must enter into the index any deed, mortgage or other instrument recorded in his office which affects title to or mentions […]

ROBERT RUSCH, District Attorney, Taylor County. Attorney General of Wisconsin — Opinion. June 25, 1973. Criminal Law — The “silent auction” is not a lottery because the element of “prize” is not present. ROBERT W. WARREN, Attorney General ROBERT RUSCH, District Attorney, Taylor County You have requested my opinion as to the legality under the […]

ROBERT P. SORENSEN, PH.D., State Director Wisconsin Board of Vocational, Technical and Adult Education Attorney General of Wisconsin — Opinion July 15, 1988 Liability; Vocational, Technical And Adult Education; The limitation of damages by section 893.80(3), Stats., in actions founded upon tort against governmental bodies, officers, agents or employes, unless modified or rendered inapplicable by […]

DARWIN L. ZWIEG, District Attorney Clark County Attorney General of Wisconsin — Opinion March 8, 1988 Automobiles And Motor Vehicles, Forests; Highways; Words And Phrases; County forest roads which are open to vehicular traffic are highways which can be designated as all-terrain vehicle routes under section 23.33 (8)(b), Stats., and minors under sixteen years of […]

JOHN P. ZAKOWSKI, District Attorney Brown County Attorney General of Wisconsin — Opinion December 19, 1988 Job Training Partnership Act; Private Industry Council; Public Officials; Words And Phrases; Section 946.13(1)(a), Stats., may be violated by members of Private Industry Councils when private or public entities of which they are executives, directors or board members receive […]