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.
[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.
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.
[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.