Citation Numbers: 63 Op. Att'y Gen. 256
Judges: ROBERT W. WARREN, Attorney General
Filed Date: 7/16/1974
Status: Precedential
Modified Date: 4/15/2017
PHILLIP M. STEANS, District Attorney, Dunn County
You inquire whether the county board can authorize the county administrator to appoint personnel at the county health care facility.
I am of the opinion that it can if it acts under secs. 59.025 (3) (b) and (c), and
Section 59.025 (3) and (4), Stats., as created by ch. 118, Laws of 1973, provides:
"(3) CREATION OF OFFICES. Except for the offices of supervisor, judge, county executive and county assessor and those officers elected under section 4 of article VI of the constitution, the county board may:
"(a) Create any county office, department, committee, board, commission, position or employment it deems necessary to administer functions authorized by the legislature.
"(b) Consolidate, abolish or reestablish any county office, department, committee, board, commission, position or employment.
"(c) Transfer some or all functions, duties, responsibilities and privileges of any county office, department, committee, board, commission, position or employment to any other agency including a committee of the board.
"(4) SELECTION PROCESS FOR OFFICES. The county board may determine the method of selection of any county offices except for the offices of supervisors, judges, county clerk, county treasurer, clerk of courts, county executive and county assessor and those officers elected under section 4 of article VI of the constitution. The method may be by election or by appointment and, if by appointment, the county board shall determine the appointing authority, subject to ss. 59.031 and 59.032."
Section
County boards have only such legislative powers as are expressly granted by statute or necessarily implied. ColumbiaCounty v. Wisconsin Retirement Fund (1962),
". . . The powers conferred shall be in addition to all other grants and shall be limited only by express language but shall be subject to the constitution and such enactments of the legislature of statewide concern as shall with uniformity affect every county. In the event of conflict between this section and any other statute, this section to the extent of such conflict shall prevail."
Similar "in the event of conflict" language is contained in sec.
The powers granted the various county boards of supervisors are subject to limitations of express language in applicable statutes and to the Constitution. Neither the legislature nor the county board may transfer the immemorial and important duties of a constitutional officer which characterize the office to another office or department. 24 OAG 787, 789-794 (1935). Neither the board of trustees of a county health care center nor its superintendent is a constitutional officer.
While it can be argued that the manner in which county institutions are managed is a matter of statewide concern, sec.
The legislature has indirectly determined that the manner in which county institutions are managed is not a matter of statewide concern which must be provided for in a uniform pattern in every county. Every county is not required to have one or more of the institutions provided for in sec.
Former sec.
In 1945 the provisions of former sec.
"(b) The county board at any regular or special meeting may abolish, create, or reestablish any such office, board, commission, committee, position, or employment, and in furtherance of this authority may transfer the functions, duties, responsibilities and privileges to any other existing or newly created agency including a committee of the county board except as to boards of trustees of county institutions." (Emphasis added.)
Chapter 651, Laws of 1955, amended sec.
Chapter 118, Laws of 1973, repealed sec.
"59.15 (2) (a) The board has the powers set forth in this subsection [
and]*, sub. (3) and s. 59.025 as to any office, department, board, commission, committee, position or employe in county service (other than elective offices included under sub. (1), supervisors and circuit judges) created under any statute, the salary or compensation for which is paid in whole or in part by the county, and the jurisdiction and duties of which lie within the county or any portion thereof and the powers conferred by this section shall be in addition to all other grants of power and shall be limited only by express language."
The "created under any statute" language was retained and was made applicable to board powers under sec. 59.025, Stats., as well as subsecs. (2) and (3) of sec.
The material provisions of former sec.
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