[Adopted as Ch. 4, Subch. I, § 4.02 and Ch. 4, Subch. VI, § 4.47, of the 1998 Code]
There is established the office of Corporation Counsel, to be known as "County Attorney," pursuant to the provisions of § 59.42(1) and (3), Wis. Stats.
[Amended by Ord. No. 2014-2; 9-11-2019 by Res. No. 2019-16; 10-9-2019 by Ord. No. 2019-12]
The County Attorney shall be appointed by the County Executive and shall be removed pursuant to § 59.42(1)(b), Wis. Stats. While in office, the County Attorney shall not engage in the private practice of law.
The County Attorney shall be an attorney at law, duly licensed to practice before all courts of the State of Wisconsin.[1]
[1]
Editor's Note: Original Sec. 4.02(4) of the 1998 Code, Salary, which immediately followed this section, was repealed 10-9-2019 by Ord. No. 2019-12.
[Amended by Ord. No. 2001-8; Ord. No. 2003-42; Ord. No. 2014-2; 10-9-2019 by Ord. No. 2019-12]
In addition to the duties set forth in §59.42(2)(b), Wis. Stats., and as otherwise required by law or as assigned, the duties of the County Attorney shall be generally limited to civil matters, which shall include giving legal counsel and opinions to the County Board and its committees, all elected County officials, all department heads; and interpreting the duties and powers of the County Board and County officers and departments. In addition to the foregoing general duties, the County Attorney is hereby specifically charged with the following duties:
A. 
To serve as legal advisor to the County Highway Committee and Commissioner. He or she shall draw all legal documents required in the performance of those duties and shall attend to all legal matters in and out of court in which the department or committee shall be an interested party or wherein the acquisition of lands for highway purposes is concerned.
B. 
To advise and assist the County Treasurer in instituting appropriate actions to foreclose tax liens and to advise the Executive Committee with respect to matters involving taxation affecting Washington County.
[Amended 2-9-2022 by Ord. No. 2021-10]
C. 
To serve as legal advisor to the Washington County Land Use and Planning Committee and to represent Washington County in all matters involving enforcement of the zoning, sanitary, land division, building code, or other land use regulations.
D. 
To prosecute and defend civil actions, provided such actions are in the interest of Washington County and in which Washington County or any of its officers is a party, except prosecution of County traffic ordinance violations shall remain the duty of the District Attorney.
E. 
To handle bond issues upon request of the County Board.
F. 
To serve as legal counsel to the Human Services Department.
G. 
To obtain the appointment of a guardian for persons receiving public assistance or receiving care and maintenance at the Samaritan Health Center when the appointment of such guardian is necessary to protect the interests of Washington County, or as required by law.
H. 
To act as legal advisor and to provide appropriate legal services when requested to do so for the various boards and commissions whose membership is appointed by the County Board, the County Board Chairperson or the County Executive.
[Amended 2-9-2022 by Ord. No. 2021-10]
I. 
To examine and report as to the liability of the County for any and all claims of whatever nature filed against it.
J. 
To assist and represent the interest of Washington County in any and all other legal matters as instructed by the County Board, its committees, boards, commissions and others who are entitled to legal services from the County Attorney.
K. 
To review and, if appropriate, approve as to form and execution all bonds, contracts and agreements entered into by Washington County or any of its agencies, departments, offices and representatives.[1]
[1]
Editor's Note: The following original sections of the 1998 Code, which immediately followed this subsection, were repealed 10-9-2019 by Ord. No. 2019-12: Sec. 4.02(6), Accounts; and Sec. 4.02(7), Vacancy.
Whenever any of the powers and duties conferred upon the County Attorney are concurrent with similar powers or duties presently conferred by law upon the District Attorney, the District Attorney's powers or duties shall cease to the extent that they are so conferred upon the County Attorney and the District Attorney shall be relieved of the responsibility for performing such powers and duties. Powers and duties not specifically conferred upon the County Attorney by this section shall remain the responsibility of the District Attorney. Opinions of the County Attorney on all such matters shall have the same force and effect as opinions of the District Attorney.[1]
[1]
Editor's Note: The following original sections of the 1998 Code, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. IV): Sec. 4.02(9), Location of Office; and Sec. 4.02(10), Supervising Committee, as amended by Ord. No. 2001-8.
[Added by Ord. No. 2001-41; amended by Ord. No. 2016-26; 9-11-2019 by Res. No. 2019-16; 10-9-2019 by Ord. No. 2019-12]
A. 
Outside legal services may be authorized by the County Executive, the County Attorney with the advice of the County Executive, or the County Board.
B. 
Every elected official, officer and employee shall be saved harmless from any and all liability which may arise against him or her during the good-faith performance of such employee's duties and other hazards which traditionally confront such persons in the course of said job duties. In the event it becomes necessary for an elected official, officer or employee to defend against legal charges, he or she shall have the services of the County Attorney's office made available which shall undertake the defense of such charges without any cost to the employee.
C. 
Costs of the trial or other costs connected with the defense of charges made shall be promptly reimbursed by the County to the elected official, officer or employee. Any officer or employee will be promptly compensated at the regular rate of pay for any time which is required to be away from employment duties for deposition, trial or other hearings necessary in connection with the defense of such charges. A judgment for money damages, costs and attorney's fees of a plaintiff or claimant in such a matter will be paid for by the County without the elected official, officer or employee being in peril of having his or her property subject to execution or other collection device.
[Added by Ord. No. 2010-16; amended by Ord. No. 2013-20]
A. 
Account reconciliation. Upon written request by a party to a case, the Agency will perform an account reconciliation for a fee of $40 per request, which shall be paid prior to performance of services.
B. 
Income withholding order entry. Upon the written request of a party to a case, the Agency will draft and send an income withholding order upon the establishment of a support order, in the event of a new employer or unemployment claim, or a modification of an order (including adding an arrearage payment) for a fee of $40, which shall be paid prior to the performance of services.
C. 
Reconciliation of percentage-expressed orders. Upon the written request by a party to a case, the Agency will reconcile an account history with a percentage-expressed order to ensure that the amount of support paid to the date of the request and any arrearage are accurate, for a fee of $40 per request, which shall be paid prior to the performance of services.