HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.sag/sagwi2010 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, WI 53707-7857
608/266-1221
Raymond P. Taffora TTY 1-800-947-3529
Deputy Attorney General
January 28, 2010 OAG-01-10
Mr. Dennis E. Kenealy
Corporation Counsel
Ozaukee County
Post Office Box 994
Port Washington, WI 53074-0994
Dear Mr. Kenealy:
T 1. You indicate that the Ozaukee County Administrator currently appoints all prospective
members of the boards and commissions of Ozaukee County. All such appointments are
confirmed by the Ozaukee County Board. A proposed county board resolution would require that
all county board members who are prospective appointees to county boards and commissions be
appointed by the chairperson of the county board rather than by the county administrator. Such
appointments would remain subject to confirmation by the county board. You advise that the
county administrator supports the proposed resolution out of concern that his naming of county
board members will alienate some board members who may have applied for the position[s], thus
jeopardizing his effectiveness and potentially his job. You note that the proposed resolution may
be in conflict with Wis. Stat. § 59.18(2)(c), which provides that the county administrator
[a]ppoint[s] the members of all boards and commissions where the statutes provide that such
appointments shall be made by the county board or by the chairperson of the county board. A
similar provision, Wis. Stat. § 59.17(2)(c), applies to appointments to boards and commissions by
elected county executives.
QUESTION PRESENTED AND BRIEF ANSWER
2. You ask whether a county board in a county with a county administrator or a county
executive can exercise its home rule authority so as to enact a resolution requiring that all county
board members who are prospective appointees to all county boards and commissions be
appointed by the chairperson of the county board rather than by the county administrator.
3. In my opinion, a county board in a county with a county administrator or a county
executive cannot reassign the power of appointment that is statutorily granted to a county
executive or a county administrator in cases where the statutes provide that appointments to a
particular board or commission are to be made by the county board, by the chairperson of the
county board, or by the county administrator or county executive.](ViewImageLocal?handle=hein.sag/sagwi2010&div=1&collection=&method=preview&ext=.png&size=3)