County Executives, Not County Boards, Have Power To Appoint Member Of Public Inland Lake And Rehabilitation District Board Commission

MADISON - Attorney General J.B. Van Hollen today issued a formal opinion to Kenosha County Corporation counsel Frank Volpintesta explaining how the county representative upon the board of commissioners of a public inland lake and rehabilitation district board is appointed in a county with a county executive. Section 33.28(2)(a) of the Wisconsin Statutes provides that the county board appoints one representative to the board of commissioners. Section 59.17(2)(c) of the Wisconsin Statutes provides that the county executive "[a] appoint[s] the members of all boards and commissionswhere the statutes provide that the appointments were made by the county board[.]"

Van Hollen explained that, under section 59.17(2)(c) of the Wisconsin Statutes, the power to appoint the county representative "is transferred from the county board to the county executive once the office of county executive is created."

Under section 33.28(2)(a) of the Wisconsin Statutes, the county representative to the board of commissioners must be a person "who is a member of the county land conservation committee or is nominated by the county land conservation committee[.]"

Van Hollen ruled that, if the land conservation committee does not nominate anyone outside the committee, then the county executive's appointee must be a member of the committee. Van Hollen also explained that, under section 59.17(2)(c) of the Wisconsin Statutes, the county board possesses the power to confirm the county executive's appointment to the board of commissioners.

A copy of the original request and Attorney General Van Hollen's formal opinion:

Request

Opinion