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![handle is hein.sag/sagwi0031 and id is 1 raw text is: STATE OF WISCONSIN
DEPARTMENT OF JUSTICE
114 East, State Capitol
J.B. VAN HOLLEN P.O. Box 7857
ATTORNEY GENERAL Madison, W] 53707-7857
608/266-1221
Kevin M. St. John TTY 1-800-947-3529
Deputy Attorney General
Steven P. Means
Executive Assistant
April 9, 2013 OAG-01-13
Ms. Juliana M. Ruenzel
Corporation Counsel
Brown County
Post Office Box 23600
Green Bay, WI 54305-3600
Dear Ms. Ruenzel:
11. Your predecessor asked for an opinion concerning two questions involving the
authority of the Brown County Board of Supervisors (Brown County Board) to employ a
private attorney who acts independently of the county's salaried corporation counsel and his or
her staff: (1) whether Wis. Stat. § 59.42(3) authorizes a county board to retain a private attorney
to provide legal services in civil matters to the county board and the human resources department
in addition to the services provided by the county's salaried corporation counsel and his
assistants; and (2) whether the county board has the authority to execute contracts for such
services from a private attorney.
2. I conclude that a county board has the authority to authorize and approve such
contracts. The county board must authorize, approve, and establish the parameters for such
contracts; contract negotiation, and administration are duties performed by the county executive.
3. The first question is whether Wis. Stat. § 59.42(3) authorizes the Brown County
Board to retain a private attorney to provide civil legal services to the county board and human
resources department apart from the services provided by corporation counsel's office.
4. Brown County, with a population of less than 500,000, has a county executive and
a salaried corporation counsel. The county board has at times approved written proposals from a
private attorney to furnish legal services in civil matters to the county board and human
resources department. Your predecessor did not indicate whether the appointing authority was
the county executive or the county board, but corporation counsel did not supervise or review the
private attorney's services. Your predecessor advised that the county board maintains that
Wis. Stat. § 59.42(3) grants the county board broad general authority to obtain such services.](ViewImageLocal?handle=hein.sag/sagwi0031&div=1&collection=&method=preview&ext=.png&size=3)