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![handle is hein.sag/sagwi0109 and id is 1 raw text is:
STATE OF WISCONSIN
DEPARTMENT OF JUSTICE
114 East, State Capitol
BRAD D. SCHIMEL P.O. Box 7857
ATTORNEY GENERAL Madison, WI 53707-7857
608/266-1221
Paul W. Connell TTY 1-800-947-3529
Deputy Attorney General
Delanie M. Breuer
Chief of Staff
September 1, 2017
OAG-01-17
Mr. Tony A. Kordus
Shawano County Corporation Counsel
311 North Main Street
Shawano, WI 54166
Dear Mr. Kordus:
1 1. You have requested an opinion on whether a county board is legally
authorized to appropriate money to a private nonprofit corporation whose sole
mission is to operate a food pantry in the county for the benefit of the county's
citizens.
T 2. I conclude that a county board is not authorized to appropriate money
to a nonprofit food pantry. Under Wisconsin law, a county board has only such
powers as are expressly conferred upon it or necessarily implied from the powers
expressly given or from the nature of the grant of power. Town of Vernon v.
Waukesha Cty., 102 Wis. 2d 686, 689, 307 N.W.2d 227 (1981). Because the statutes
granting powers to county boards do not authorize appropriations to nonprofit
corporations for the purpose of operating food pantries and no such authority can be
implied, I conclude that county boards do not have the authority to make such an
appropriation.
T 3. As the Wisconsin Supreme Court requires, I begin with the plain
language of the relevant statutes. State ex rel. Kalal v. Circuit Court for Dane Cty.,
2004 WI 58, 1 45, 271 Wis. 2d 633, 681 N.W.2d 110. When interpreting statutory
language, we may infer that the Legislature's express mention of one matter
excludes other similar matters [that are] not mentioned. FAS, LLC v. Town of Bass
Lake, 2007 WI 73, 1 27, 301 Wis. 2d 321, 733 N.W.2d 287 (alteration in original)
(citations omitted). County boards have general authority to represent the county,
have the management of the business and concerns of the county in all cases where
no other provision is made, apportion and levy taxes and appropriate money to
carry into effect any of the board's powers and duties. Wis. Stat. § 59.51(2). Under](ViewImageLocal?handle=hein.sag/sagwi0109&div=1&collection=&method=preview&ext=.png&size=3)