Category: Wisconsin Attorney General Opinions

ROBERT P. SORENSEN, PH.D., State Director Board of Vocational, Technical and Adult Education Attorney General of Wisconsin — Opinion November 12, 1981. Employer And Employe; Ordinances; Vocational And Adult Education; The employment practices of vocational, technical and adult education districts are subject to city equal employment opportunity ordinances. Such ordinances, however, can be applied only […]

ROBERT P. RUSSELL, Corporation Counsel, Milwaukee County. Attorney General of Wisconsin — Opinion. June 20, 1972. County Park Commission — County Board Powers — County board in county over 500,000 probably has authority under sec. 59.15 (2) (b), Stats., to abolish county park commission and transfer duties to committee of the county board. ROBERT W. […]

WILLIAM THEDINGA, Corporation Counsel Dunn County Attorney General of Wisconsin — Opinion March 11, 1986 Compatibility; County Medical Examiner; Appointment of assistants to the medical examiner who are not able to be qualified as expert witnesses in the field of pathology is not permissible under Dunn County local ordinance. Appointment of law enforcement officers as […]

JAMES C. PANKRATZ, Corporation Counsel Door County Attorney General of Wisconsin — Opinion August 24, 1987 Libraries; Municipalities; Municipal libraries are a matter of statewide concern. Accordingly, home rule provisions will not justify local departures from the provisions of chapter 43, Stats. DONALD J. HANAWAY, Attorney General JAMES C. PANKRATZ, Corporation Counsel Door County In […]

ROBERT C. ZIMMERMAN, Secretary of State. Attorney General of Wisconsin — Opinion. January 28, 1972. Elections — Political Organization — Filing of a proper petition under sec. 5.62, Stats., by the requisite number of electors in a senate, assembly or congressional district will qualify the political organization referred to in said petition as a party […]

JAMES T. FLYNN, Lieutenant Governor, Secretary Department of Development Attorney General of Wisconsin — Opinion November 29, 1984 MUNICIPALITIES; ORDINANCES; PUBLIC UTILITIES; Section 66.60 (16) authorizes cities owning their own electric companies to pass ordinances allowing unpaid charges for furnished electricity to be placed on the tax bill of the receiving property; section 66.069 (1)(b) […]

DONALD E. PERCY, Secretary Department of Health Social Services Attorney General of Wisconsin — Opinion November 23, 1982. Loans; Physicians And Surgeons; If sec. 39.377, Stats., is repealed or amended to change the eligibility guidelines, the state would not be liable under the former guidelines to students who have not yet effectively acted in reliance […]

FRANK VOLPINTESTA, Acting Corporation Counsel Kenosha County Attorney General of Wisconsin — Opinion September 14, 1977. Circuit Court; County Court; Courts; Documents; Words And Phrases; A circuit or county court may use as its official seal on documents an ink seal printed by a rubber stamp. BRONSON C. La FOLLETTE, Attorney General FRANK VOLPINTESTA, Acting […]

PATRICK J. FARAGHER, Corporation Counsel Washington County Attorney General of Wisconsin — Opinion April 29, 1988 Conservation; Counties; Ordinances; A county ordinance passed under section 92.11, Stats., may be applicable to incorporated as well as unincorporated areas of the county, whereas a county ordinance passed under section 92.16 is applicable only in the unincorporated areas […]

R.J. MCMAHON, Commissioner, Office of the Commissioner of Savings and Loan. Attorney General of Wisconsin — Opinion. December 19, 1973. Savings and Loan Associations — Municipalities —Investments — Municipal funds may be invested in savings and loan associations to the extent permitted by sec. 219.05 (1), Stats. ROBERT W. WARREN, Attorney General R.J. MCMAHON, Commissioner, […]

DARWIN L. ZWIEG, District Attorney Clark County Attorney General of Wisconsin — Opinion October 14, 1988 Forfeitures; The procedure to be used in seeking forfeitures for violations of statutes is set forth in chapters 23, 66, 345, 778, 799, 750-58 and 801-47, Stats. The procedures set forth in chapters 23, 66, 345 and 778 have […]

JAMES L. CARLSON, District Attorney Walworth County Attorney General of Wisconsin — Opinion May 1, 1978. Executions, Fees, Mileage; Sheriffs; 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 […]

WILLIAM E. CHASE, District Attorney, Ashland County Attorney General of Wisconsin — Opinion November 25, 1975. Alcoholic; Inebriates And Drug Addicts; Persons incapacitated by alcohol who engage in disorderly conduct in treatment facility may be so charged. Persons so incapacitated may not be charged with a crime merely for the purpose of arranging for their […]

BENJAMIN SOUTHWICK, Corporation Counsel Richland County Attorney General of Wisconsin — Opinion November 15, 1984 COUNTY BOARD; NURSING HOMES; The county board, not the board of trustees, determines the disposition of a bequest made to a county institution operated pursuant to section 46.18, Stats. The county board, acting pursuant to sections 59.07 (101) and 59.75, […]

RICHARD L. HAMILTON, Corporation Counsel Outagamie County Attorney General of Wisconsin — Opinion April 19, 1979. County Treasurer; Register In Probate; Section 851.74 (3), Stats. (1977), which requires registers in probate to make payments to the county treasurer on the first Monday of each month, does not preclude more frequent payments. BRONSON C. La FOLLETTE, […]

WILLIAM A.J. DRENGLER, Corporation Counsel Marathon County Attorney General of Wisconsin — Opinion April 29, 1988 County Board; Prisons And Prisoners Sheriffs; 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 […]

DANIEL L. LaROCQUE, District Attorney, Marathon County. Attorney General of Wisconsin — Opinion. July 29, 1971. Compatibility of Offices — Towns — (Informal) — Offices of town clerk and town treasurer are incompatible. ROBERT W. WARREN, Attorney General DANIEL L. LaROCQUE, District Attorney, Marathon County You have requested my opinion whether the offices of town […]

ROBERT P. RUSSELL, Corporation Counsel Milwaukee County Attorney General of Wisconsin — Opinion February 19, 1979. County Board; Nursing Homes; Ordinances; Milwaukee County does not have authority to enact and enforce an ordinance which would establish certain rights of residents of nursing homes, group foster homes, residential care facilities and hospitals which contract for the […]

WILLIAM A. BABLITCH, District Attorney, Portage County. Attorney General of Wisconsin — Opinion. January 27, 1972. Certified Survey Maps — Platting — Section 236.34 (2), Stats., requires that certified survey maps be numbered consecutively without dependent reference to ownership, developer or surveyor. ROBERT W. WARREN, Attorney General WILLIAM A. BABLITCH, District Attorney, Portage County You […]

GLENN L. HENRY, Corporation Counsel Dane County Attorney General of Wisconsin — Opinion April 13, 1976 Liability; Public Health; Liability, reimbursement and collection for services provided under secs. 51.42 and 51.437, Stats., programs discussed. BRONSON C. La FOLLETTE, Attorney General GLENN L. HENRY, Corporation Counsel Dane County You have asked my opinion about several aspects […]

JEFFREY R. KOHLER, District Attorney Washburn County Attorney General of Wisconsin — Opinion June 21, 1989 Auditor; Civil Service; Counties; County Clerk; 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 […]

RALPH E. SHARP, JR., Corporation Counsel Dodge County Attorney General of Wisconsin — Opinion October 11, 1984 FEES; SHERIFFS; 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. BRONSON C. La FOLLETTE, Attorney General RALPH E. SHARP, JR., […]

FRED A. RISSER, Chairperson Senate Organization Committee Attorney General of Wisconsin — Opinion July 9, 1991 Landlord And Tenant; Words And Phrases; Security deposits: interpretation of the phrase “surrender of the premises” as used in Wisconsin Administrative Code section Ag 134.06(2) (1990), created Feb. 1980, effective May 1, 1980; The phrase “surrender of the premises” […]

JOE E. NUSBAUM, Secretary, Department of Administration. Attorney General of Wisconsin — Opinion. December 31, 1971. ROBERT W. WARREN, Attorney General JOE E. NUSBAUM, Secretary, Department of Administration You have asked for my formal opinion as to whether there would be a violation of Art. IV, sec. 26, Wis. Const., if the faculty of the […]

FRED A. RISSER, Chairperson Senate Organization Committee Attorney General of Wisconsin — Opinion June 5, 1992 Licenses And Permits; Marriage And Divorce; Residence, Domicile And Legal Settlement; Words And Phrases; Wisconsin residents who have not resided in their current county of residence for 30 days prior to application for a marriage license under section 765.05, […]

WALTER J. KUNICKI, Speaker Assembly Organization Committee Attorney General of Wisconsin — Opinion January 8, 1992 Building Commission, State; Corrections, Department Of; The Building Commission’s actions authorizing Department of Corrections building projects did not violate section 20.924, Stats. JAMES E. DOYLE, Attorney General WALTER J. KUNICKI, Speaker Assembly Organization Committee On behalf of the Assembly […]

GERALD L. ENGELDINGER, Corporation Counsel Winnebago County Attorney General of Wisconsin — Opinion February 16, 1989 Employer And Employe; Public Officials; Sheriffs; 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 […]

ROBERT P. RUSSELL, Corporation Counsel Milwaukee County Attorney General of Wisconsin — Opinion May 24, 1978. Counties; County Board; County Clerk; Ordinances; Public Officials, Public Records; Questions concerning proposed county code of ethics ordinance answered. 1. A county board may provide for a forfeiture but not a fine for violations of an ordinance. 66 Op. […]

MATTHEW F. ANICH, District Attorney Ashland County Attorney General of Wisconsin — Opinion April 20, 1978. Deeds; Microfilm; Mortgages, Real Estate, Register of Deeds; Vital Statistics; Although register of deeds can utilize microfilm and photocopies with county board approval, use of a photocopy of writs of attachments and certificates of sale of real estate would […]

CHARLES H. PEHLIVANIAN, Acting Corporation Counsel, Racine County. Attorney General of Wisconsin — Opinion. March 23, 1971. County Supervisor — Conflict of Interest — (Informal) — County board member employed by engineering and survey firm may be possible conflict of interest in public contracts. ROBERT W. WARREN, Attorney General CHARLES H. PEHLIVANIAN, Acting Corporation Counsel, […]

LINDA R. REIVITZ, Secretary Department of Health and Social Services Attorney General of Wisconsin — Opinion August 4, 1983 Open Records; Public Records; Preliminary versions of a document prepared by an employe for his or her own or another’s signature are not public records. Public records must have some relation to the functions of the […]

ANTHONY S. EARL, Secretary Department of Natural Resources, JOANNE DUREN, Chairperson Assembly Tourism, Recreation and Economic Development Committee Attorney General of Wisconsin — Opinion August 30, 1979. Fish And Game; Natural Resources, Department Of; Public Access; Department of Natural Resources has the power under secs. 29.50 and 30.77, Stats., to withhold stocking with fish from […]

WILLIAM G. THIEL, Corporation Counsel Eau Claire County Attorney General of Wisconsin — Opinion February 18, 1983 County Board; Public Health, Section 140.09 (5), (6), Stats., authorizes the county board of supervisors to determine compensation to be paid members of a city-county board of health and employes of a city-county health department. BRONSON C. La […]

TOBY E SHERRY, Commissioner Office of Commissioner of Banking Attorney General of Wisconsin — Opinion November 14, 1989 Banks And Banking; Public Records; Vital Statistics; A bank, its employes and agents violate section 69.24(1)(a), Stats., when copying a certified copy of a vital record for use by the Federal Reserve Bank. DONALD J. HANAWAY, Attorney […]

ROBERT G. OTT, Corporation Counsel Milwaukee County Attorney General of Wisconsin — Opinion October 31, 1989 Fire Department; Police; Villages; Village public safety officers are not entitled to the section 891.45, Stats., presumption unless they are designated as primarily firefighters by the village or they have duties as a firefighter during a five-year period for […]

THE HONORABLE, THE ASSEMBLY Attorney General of Wisconsin — Opinion February 27, 1974. Judges; Legislation; Supreme Court; Supplemental opinion OAG 9-74, published February 15, 1974. ROBERT W. WARREN, Attorney General THE HONORABLE, THE ASSEMBLY Legislature Assembly Resolution 37 (1973) requested my opinion on certain questions relating to 1971 Enrolled Joint Resolution 26, hereinafter sometimes referred […]

DR. BARBARA THOMPSON, State Superintendent Department of Public Instruction Attorney General of Wisconsin — Opinion September 7, 1979. Schools And School Districts; Teachers; Vocational And Adult Education; Discussion of the power of the Superintendent of Public Instruction to license vocational school teachers to teach public school students. Page 249 BRONSON C. La FOLLETTE, Attorney General […]

TOMMY G. THOMPSON, Governor Attorney General of Wisconsin — Opinion April 7, 1987 Indians; Intoxicating Liquors; Tribally owned or operated liquor establishments must comply with state liquor laws, including licensing requirements. Indian tribes are within the coverage of chapter 125, Stats., and any license issued to a tribe counts toward the local quota. DONALD J. […]

DOUGLAS LA FOLLETTE, Secretary of State Attorney General of Wisconsin — Opinion September 15, 1989 Legislature; Public Officials; Salaries And Wages; Section 13.625, Stats., does not prohibit the Milwaukee Metropolitan Sewerage District from paying normal expenses and salaries to commissioners who are legislators and does not prohibit those legislators from accepting those payments. DONALD J. […]

RALPH E. SHARP, JR., Corporation Counsel Dodge County Attorney General of Wisconsin — Opinion April 24, 1989 51.42/51.437 Board; Words And Phrases; The appointing authority has broad discretion to determine the interests and abilities of persons appointed to a “51.42 board.” DONALD J. HANAWAY, Attorney General RALPH E. SHARP, JR., Corporation Counsel Dodge County This […]

PHILLIP M. STEANS, District Attorney, Dunn County Attorney General of Wisconsin — Opinion July 16, 1974. Counties; County Board; County board acting pursuant to secs. 59.025 (3) (b) and (c), and 59.15 (2) (a), Stats., can authorize the county administrator to appoint personnel at county health care facility. ROBERT W. WARREN, Attorney General PHILLIP M. […]

JAMES A. JUNG, Executive Secretary, Higher Educational Aids Board. Attorney General of Wisconsin — Opinion. April 20, 1972. Honor Scholarships — Higher Education — It was legally correct for the Higher Educational Aids Board Executive Committee to withhold $100 honorary scholarships due to pending budgetary provisions. ROBERT W. WARREN, Attorney General JAMES A. JUNG, Executive […]

EUGENE R. MCPHEE, Executive Director, Board of Regents of State Universities. Attorney General of Wisconsin — Opinion. May 21, 1971. Board of Regents — State Printing Contracts — (Informal) — Legality of appointing nominee to Board of Regents of State Universities when such person is a major stockholder in a printing company that is under […]

PAUL L. BROWN, Director, State Bureau of Facilities Management Attorney General of Wisconsin — Opinion June 12, 1974. Land; Agencies engaging in “advance land acquisitions” must comply with sec. 32.19, Stats., et seq., Wisconsin’s relocation assistance and payment law. ROBERT W. WARREN, Attorney General PAUL L. BROWN, Director, State Bureau of Facilities Management You have […]

JAMES L. BARTELLS, District Attorney, Lafayette County Attorney General of Wisconsin — Opinion June 24, 1976. Public Health; Mental Health Clinic; Salaries And Wages; County Board; The authority to establish salaries for the staff employed by a county’s 51.42/51.437 board lies with such board, and not with the county board, but such authority is subject […]

JACK MILL, Chief, Palmyra Volunteer Fire Department Attorney General of Wisconsin — Opinion April 6, 1977. Anti-Secrecy; Cities; Collective Bargaining; Fire Department; Municipal Corporations; Municipalities; Open Meeting; Towns; Villages; Volunteer fire department organized as a nonprofit corporation pursuant to sec. 213.05, Stats., is not a governmental or quasi-governmental corporation and is not subject to provisions […]

GARY K. JOHNSON State Representative Attorney General of Wisconsin — Opinion February 28, 1977. Anti-Secrecy; Open Meeting; Schools And School Districts; Where school board permits citizens to appear at regular meeting and notes fact in agenda and notice, board may discuss and act on such matters, if urgent, even though express subject was not referred […]

JAMES H. TAYLOR, District Attorney Burnett County Attorney General of Wisconsin — Opinion July 29, 1977. Ballots; Counties; County Board; County Clerk; Elections; Votes And Voting; Failure to publish notices of an election on the last Tuesday in May, the first Tuesday in June, and the second Monday preceding an election on the question of […]

JAMES A. WENDLAND, District Attorney, Dunn County Attorney General of Wisconsin — Opinion April 25, 1977. Cities; Compatibility; County Board; County Supervisor; Hospitals; Public Officials; County board member cannot serve on joint county-city hospital board created under sec. 66.47, Stats., by reason of secs. 59.03 (4), 66.11 (2), Stats., but city council member could, and […]

JAMES J. DUVALL, District Attorney Buffalo County Attorney General of Wisconsin — Opinion May 1, 1987 Residence, Domicile And Legal Settlement; Words And Phrases; Under chapter 55, Stats., the definition of residency contained in section 49.01(8g) is to be used for venue purposes and for the purpose of assigning financial liability between counties for the […]

FRED A. RISSER, Chairman Committee on Senate Organization Attorney General of Wisconsin — Opinion August 10, 1978. Industry, Labor And Human Relations, Department Of; Public Property; Public Records; Plans and specifications filed with DILHR under sec. 101.12, Stats., are public records under secs. 16.61 and 19.21, Stats., and are available for public inspection. Page 215 […]

RICHARD HAMILTON, Corporation Counsel Outagamie County Attorney General of Wisconsin — Opinion April 15, 1991 County Board; County Executive; Public Property; County ordinances delegating the authority to decide the terms under which county property will be sold and delegating the authority to negotiate certain public works contracts to county committees do not impermissibly infringe upon […]

KENNETH J. BUKOWSKI, Corporation Counsel Brown County Attorney General of Wisconsin — Opinion January 5, 1984 COUNTY BOARD; RESIDENCE, DOMICILE AND LEGAL SETTLEMENT; TEACHERS; 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 […]

L.P. VOIGT, Secretary, Department of Natural Resources Attorney General of Wisconsin — Opinion October 1, 1974. Navigable Waters; Riparian Rights; 1. Where a bulkhead line has been established pursuant to sec. 30.11, Stats., a riparian owner must nonetheless obtain a permit or contract pursuant to sec. 30.20, Stats., prior to removing material from the bed […]

HAROLD C. JORDAHL, Chairman Natural Resources Board Attorney General of Wisconsin — Opinion March 13, 1975 Contracts; Natural Resources, Department Of; Public Officials; Article XIII, sec. 3, Wis. Const., does not bar a “congressional home secretary” from serving as a member of the Natural Resources Board. BRONSON C. La FOLLETTE, Attorney General HAROLD C. JORDAHL, […]

FRANK VOLPINTESTA, Corporation Counsel Kenosha County Attorney General of Wisconsin — Opinion June 17, 1980. Counties; Insurance; Liability of self-insured county performing state highway maintenance is not increased by virtue of maintenance contract with state. BRONSON C. La FOLLETTE, Attorney General FRANK VOLPINTESTA, Corporation Counsel Kenosha County You have requested my opinion with respect to […]

NORMAN M. CLAPP, Secretary, Department of Transportation Attorney General of Wisconsin — Opinion June 19, 1974. Motor Carriers; Motor carrier permit fees required by sec. 194.04 (4) (a), (b), and (c), Stats., are not in conflict with Interstate Commerce Commission regulations and may be collected. The permit fee required by sec. 194.04 (4) (d), Stats., […]

FRED L. JACOBSON, Administrator Division of Criminal Investigation. Attorney General of Wisconsin — Opinion. September 23, 1971. Alcoholic Beverages — Municipally-Operated Liquor Establishments — (Informal) — A county may not receive a combination liquor-beer license or operate an alcoholic business on its own at a county-owned golf course. ROBERT W. WARREN, Attorney General FRED L. […]

CARROLL D. BESADNY, Secretary Department of Natural Resources Attorney General of Wisconsin — Opinion July 19, 1989 Natural Resources, Department Of; Navigable Waters; The Department of Natural Resources may enforce the terms of lakebed grants under section 30.03 (4)(a), Stats., as long as such enforcement does not conflict with section 30.05. DONALD J. HANAWAY, Attorney […]

DONALD R. ZUIDMULDER, District Attorney Brown County Attorney General of Wisconsin — Opinion April 1, 1974. Criminal Law; Stopping payment on checks used to pay for repairs to personal property — creation of a crime. The legislature did not create a crime or invoke criminal penalties in enacting sec. 289.41 (3), Stats., which renders stopping […]

TIMOTHY F. CULLEN, Chairperson Senate Organization Committee Attorney General of Wisconsin — Opinion September 30, 1983 Milwaukee, City Of; Schools And School Districts; Common Council of City of Milwaukee is without power under home rule provision of the Wisconsin Constitution or under its special charter and section 62.11(5) to adopt an anti-truancy ordinance. State has […]

SUSAN MITCHELL, Commissioner Office of the Commissioner of Insurance Attorney General of Wisconsin — Opinion September 4, 1979. Insurance; Words And Phrases; Transplants For Life, Inc., a plan which encourages members to donate organs for transplant and rewards members for such donations, does not constitute insurance under Wisconsin law. BRONSON C. La FOLLETTE, Attorney General […]

EVERETT E. BOLLE, Director of Legislative Services, Wisconsin State Assembly Attorney General of Wisconsin — Opinion December 12, 1977. Assessments; Conservation; Taxation; Section 70.11 (24), Stats., is unconstitutional as violative of the uniformity clause in Wis. Const. art. VIII, sec. 1. BRONSON C. La FOLLETTE, Attorney General EVERETT E. BOLLE, Director of Legislative Services, Wisconsin […]

RICHARD E. GARROW, Corporation Counsel Manitowoc County Attorney General of Wisconsin — Opinion February 16, 1983 Counties; Waste Management; Under section 59.07 (135), Stats., a county may contract with another municipality or private company to pay the costs of operating a solid waste disposal site, including one owned by a private collector, as long as […]

LAVERNE MICHALAK, District Attorney Trempealeau County Attorney General of Wisconsin — Opinion March 9, 1983 Court Commissioner; Non-lawyer court reporters cannot be delegated power to issue criminal warrants and conduct initial appearances pursuant to section 757.69 (1)(b), Stats. BRONSON C. La FOLLETTE, Attorney General LAVERNE MICHALAK, District Attorney Trempealeau County You request my opinion regarding […]

RAY A. SUNDET, Corporation Counsel, La Crosse County. Attorney General of Wisconsin — Opinion. August 17, 1972. Family Court Commissioner — Fees — Family court commissioner is without authority to charge $15 fee to hear order to show cause in domestic relations case. ROBERT W. WARREN, Attorney General RAY A. SUNDET, Corporation Counsel, La Crosse […]

THE HONORABLE, THE SENATE. Attorney General of Wisconsin — Opinion. June 21, 1971. Labor/Management Relations — Appropriation Bill — (Formal) — Any law resulting from Assembly Bill 210 would probably be constitutional. Article VIII, sec. 8, Wis. Const., discussed. ROBERT W. WARREN, Attorney General THE HONORABLE, THE SENATE By Senate Resolution 12 you have requested […]

TOMMY G. THOMPSON, Governor State of Wisconsin Attorney General of Wisconsin — Opinion September 16, 1988 Coroner; Cremation; Health And Social Services, Department Of; Chapters 69 and 157, Stats., are not alternatives to the requirement in section 979.10 that anyone cremating a corpse first obtain a cremation permit from the coroner. University medical schools or […]

R.M. GONYO, District Attorney, Green Lake County. Attorney General of Wisconsin — Opinion. November 13, 1973. Real Estate — Criminal Law — Taxation — Section 77.27, Stats., is violated when value is intentionally falsified on a Wisconsin Real Estate Transfer Return. Falsely declaring a transfer as a sale when it is in fact a gift […]

JOHN F. TRUBY, District Attorney Sauk County Attorney General of Wisconsin — Opinion August 2, 1989 Indians; Law Enforcement; Winnebago Tribe; Words And Phrases; Discussion of state, county and tribal jurisdiction to regulate traffic on streets in housing projects that have been built and are maintained by the Winnebago Tribe on tribal lands. DONALD J. […]

VIRGINIA B. HART, Chairman Department of Industry, Labor and Human Relations Attorney General of Wisconsin — Opinion September 26, 1975 Municipalities; Salaries And Wages; Turnkey construction may be used for the construction of public works projects unless another method expressly is required. Municipalities are subject to sec. 66.293 (3), Stats., the prevailing wage law, on […]

DIANNE GREENLEY Wisconsin Coalition for Advocacy Attorney General of Wisconsin — Opinion May 11, 1988 Public Records; Words And Phrases; Treatment of drafts under the public records law discussed. DONALD J. HANAWAY, Attorney General DIANNE GREENLEY Wisconsin Coalition for Advocacy Pursuant to section 19.39, Stats., you ask my advice on the applicability of the public […]

RICHARD A. ERNEY, Director State Historical Society of Wisconsin Attorney General of Wisconsin — Opinion April 10, 1985 Curators; Board Of; Historical Society, State; Words And Phrases; The State Historical Society of Wisconsin is a state agency. The Board of Curators of the society falls within the coverage of sections 893.82 and 895.46, Stats. The […]

WILLIAM A. HUPY, District Attorney Marinette County Attorney General of Wisconsin — Opinion November 8, 1979. Confidential Reports; Minors; The duty to report suspected cases of child abuse or neglect under sec. 48.981 (3)(a), Stats., prevails over any inconsistent terms in sec. 51.30, Stats. BRONSON C. La FOLLETTE, Attorney General WILLIAM A. HUPY, District Attorney […]

ROBERT RUSCH, District Attorney Taylor County Attorney General of Wisconsin — Opinion May 2, 1978. Civil Service; Counties; County Board, Employer And Employe; Ordinances; Salaries And Wages; Where a county board has established a civil service ordinance applicable to all county personnel other than the exceptions provided in see. 59.07 (20), Stats., the director of […]

R.J. MCMAHON, Commissioner Office of the Commissioner of Savings and Loan Attorney General of Wisconsin — Opinion November 30, 1979. Loans; Sales; Savings And Loan Associations; Charges imposed on a seller of property as a condition of the granting of a loan to a buyer of the property are includable as part of the interest […]

WILLIS J. ZICK, Corporation Counsel, Waukesha County. Attorney General of Wisconsin — Opinion. June 23, 1971. School Aids — Nullified Assessment — (Informal) — Section 120.17 (8) (b), Stats., applies only when equalized valuation decreases. ROBERT W. WARREN, Attorney General WILLIS J. ZICK, Corporation Counsel, Waukesha County You have requested an opinion whether sec. 120.17 […]

HERBERT J. GROVER, State Superintendent Department of Public Instruction Attorney General of Wisconsin — Opinion July 28, 1992 Schools And School Districts; School district members of cooperative educational service agencies who unsuccessfully oppose purchase of real estate are obliged to pay their share of the costs of the acquisition of that real estate, and the […]

TOM LOFTUS, Chairperson Assembly Organization Committee Attorney General of Wisconsin — Opinion September 10, 1986 Citizens Utility Board; Corporations; The Citizens Utility Board, a body corporate and politic, legally dissolved and reorganized as a non-stock, non-profit corporation. BRONSON C. La FOLLETTE, Attorney General TOM LOFTUS, Chairperson Assembly Organization Committee The Assembly Organization Committee has requested […]

FRED A. RISSER, Chairman, Senate Organization Committee Attorney General of Wisconsin — Opinion November 21, 1977. On April 5, 1978, the Supreme Court rendered its decision in State ex rel. Gerald D. Kleczka v. Dennis J. Conta, et al., holding the Governor’s partial veto of the campaign financing bill to be a valid partial veto. […]

FRED A. RISSER, Chairman Senate Organization Committee Attorney General of Wisconsin — Opinion October 27, 1977. Administrative Code; Advertising, Federal Aid; Highway Commission, State, Licenses And Permits; Statutes, Words And Phrases; Persons in the business of erecting on-premise signs are subject to the licensing requirement of sec. 84.30(10)(a), Stats. Page 296 BRONSON C. La FOLLETTE, […]

MORGAN R. BUTLER, III, Corporation Counsel Ozaukee County Attorney General of Wisconsin — Opinion November 7, 1979. County Clerk; Prisons And Prisoners; Sheriffs; 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 […]

JON E. LITSCHER, Secretary Department of Employment Relations Attorney General of Wisconsin — Opinion May 30, 1991 Civil Service; Public Officials; Words And Phrases; Classified employes, including classified employes of legislative service agencies can run for nonpartisan office. An agency cannot prohibit its classified employes from running for nonpartisan office except in certain circumstances. JAMES […]

ROY E. HAYS, Executive Secretary Real Estate Examining Board Attorney General of Wisconsin — Opinion January 31, 1977. Licenses And Permits, Marriage And Divorce, Vital Statistics; Names; Real Estate Examining Board, Real Estate Brokers; Real Estate Examining Board cannot prescribe the name to be used on an application for real estate broker’s license. Under sec. […]

WAYNE F. MCGOWN, Deputy Secretary, Department of Transportation Attorney General of Wisconsin — Opinion November 21, 1975. District Attorneys; District attorneys have a statutory duty to prosecute state traffic violations. District attorneys cannot properly refuse to prosecute state actions when such refusal is based on consideration of the ultimate deposition of the proceeds from such […]

RICHARD L. HAMILTON, Corporation Counsel Outagamie County Attorney General of Wisconsin — Opinion July 13, 1979. County Board; County Executives; Resolutions of county board creating special or standing committees under sec. 59.06, Stats., or creating rules of procedure relative to executive matters or the administration of law must be submitted to county executive in counties […]

FRANK VOLPINTESTA, Corporation Counsel Kenosha County Attorney General of Wisconsin — Opinion October 12, 1981. Appropriations And Expenditures; County Board; Section 70.62 (4)(em)1., Stats., only permits county board to increase tax levy over maximum to pay increased costs which relate to payment of a court judgment or court confirmed award, or out-of-court settlement after a […]

MICHAEL J. DEVANIE, District Attorney Rusk County Attorney General of Wisconsin — Opinion August 14, 1981. Corporation Counsel; District Attorney; Health And Social Services, Department Of; District attorneys, whether compensated on a full-time or part-time basis, have a duty to represent the interests of the county and state in child support and paternity matters under […]

ROBERT C. ZIMMERMAN, Secretary of State. Attorney General of Wisconsin — Opinion. October 23, 1973. Articles of Incorporation — Corporations — Articles of incorporation which purport to allow informal corporate action by written consent of less than all parties entitled to vote are clearly inconsistent with the provisions of sec. 180.91, Stats., and are prohibited […]

CAL W. KORNSTEDT, Corporation Counsel Dane County Attorney General of Wisconsin — Opinion October 12, 1988 County Board; Ordinances; Register of Deeds; A county board lacks statutory authority to enact ordinances directing the register of deeds to refuse to record documents containing restrictive covenants or requiring the register of deeds to place notices on liber […]

FRANK VOLPINTESTA Corporation Counsel Kenosha County Attorney General of Wisconsin — Opinion January 18, 1989 Counties; Law Enforcement; Police; Sheriffs; University; 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 […]

THOMAS LOFTUS, Chairperson Assembly Committee on Organization Attorney General of Wisconsin — Opinion April 25, 1985 Counties; Licenses And Permit; Where a county board has designated the county humane society or other organization to provide a dog pound, section 174.09(2), Stats., requires any surplus in excess of $1,000 must be paid over annually by the […]

ELAINE F. ELLIBEE, R.N., Secretary, State of Wisconsin Board of Nursing Attorney General of Wisconsin — Opinion December 28, 1978. Arrest; Discrimination; Employer And Employe; Labor; Licenses And Permits; Nurses; 1. A licensing agency may not ask an applicant about juvenile delinquency records. 2. A licensing agency may request information from an applicant regarding conviction […]

TERRY REBHOLZ, Assistant District Attorney, Waupaca County. Attorney General of Wisconsin — Opinion. April 10, 1973. County Clerk — Ordinances — Section 59.09 (1), Stats., discussed in reference to requirement that county clerks must publish county ordinances and distribute copies to town clerks. Page 82 ROBERT W. WARREN, Attorney General TERRY REBHOLZ, Assistant District Attorney, […]

TIM CULLEN, Chairperson Senate Organization Committee Attorney General of Wisconsin — Opinion August 20, 1986 Bus Drivers; The requirements of section 121.555(2)(a), (c)1., 2., 3. and 5. and (d), Stats., apply to all drivers transporting pupils other than only their own children to and from curricular and extracurricular activities, if such transportation has been provided […]

RALPH JIRIKOWIC, Chairman Board of the Department of Veterans Affairs Attorney General of Wisconsin — Opinion October 14, 1976. Veterans Affairs, Department Of; Governor; Civil Service; Veterans; Military Personnel; The secretary of the Department of Veterans Affairs may only be removed from office by the governor for cause. The board has no authority to discharge, […]

VICTOR MOYER, Corporation Counsel, Rock County Attorney General of Wisconsin — Opinion. May 11, 1973. Public Officials — Vocational, Technical and Adult Education, Board of — Where statute provides that a public officer serves at pleasure but is appointed for a term, such public officer may be summarily dismissed during the term. ROBERT W. WARREN, […]