The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1916-05-25
OOINGS OF The COUNTY BOARD.

from Attorney General owen pertain
ing to the question of fees for members
of the county board for com nittee
work in excess of the twenty day limit,
was read and on motion placed on file.
Following is the letter from the attor-
ney general:
Edward S. Schmitz, Esq, q
Dear Sir:
In your communication of May I'd
you state that the question has arisen
in your county as to the compensation
OF members Of the county board ap-
pointed as bridge commissioners under
section 1919 of the statutes. You
state that they have exceeded the
number of days allowed under section
66S and were paid for the same on the
presentation of bills to the county
board and allowed, but that an appli-
cation has been made to the county
board requesting that the members
who have drawn more than twenty
days salary for committee work should
repay to the county such sums as were
paid for days exceeding the statutory
limit. You inquire,
''lst. Are any of the members un-
der this section expected to perform
any labor for the county without re-
ceiving due compensation therefor,
and are they entitled to compensation
for every day of service they have ac-
tually performed on such committees
when it is impossible for them to per-
form their work in the time rs set
forth in section 66S2
odd Has the country board author
ity to allow bills for services actually
performed, when the committee mem
bers have exceeded the time allowed?
"3d Could member of the county
board be punished if he fails or neg
lects his duty to perform work for
which ne does not receive any pay?'
1T is a general rule that officers take
their offices cttm Onere, and services re-
ouired of them by the law for which
they are specially paid must be consid-
cred compensated by the fees allowed
for other services. Crocker V. Super
yisors, 50 Wis. 2S4; McCumber V. Wau.
kesha County, 81 Wis. 442; % Am. q
Eng. Encs of Law Cd ed 800. Ia
answer to your first question, it must
be held under SIS r,.io that al! mem.
bers are expected to perform all duties
required of them without receiving
any compensation in excess OF that al
lowed by statute.
The answer given to your first ques-
ton necessarily answers your second
question in the negative. Where
there is no fee fixed, the county board
has no right to allow any bills as com
pensatiop and where a member of a
county committee has exceeded the
limit for which he can be paid as such
committee member under our statute
(section 66S), the county board has no
right to allow bills which would COM
pensate him for the same.
In answer to your third question,
permit me to call your attention to
section 697 of the statutes, which pro-
vides:
eff any supervisor shall refuse or
neglect to perform any of the duties
which are or shall be required of him
by law as member OF the county
board of supervisors, withou just cause,
therefor, he shall for each of1ense for
felt a SUN of not less than fifty nor
more than two hundred dollars"
In view Of this statute, your third
question must be answered in the af.
frmative.
You also state that your county
board, lin the year 1897, passed a reso-
luton doing away with tho poor COM
miltee, and in place authorized the
chairman of the county board to ap-
point three members of the county
board as poor commissioners and to
fix their salary at So 90 per day plus
their mileage and actual expenses
while performing their duties. You
inquire whether these members as
poor commissioners, appointed annual
ly, are performing their work under
section 658 as committee men, and
whether they are entitled to their pay
as stated in said resolution, for SER
vices actually rendered, and whether
the county hoard has authority to pass
such a resolution.
Under section 1920, of the statutes,
it is provided that whenever the dis
tinction between county poor and town
poor shall have been so abolished in
any county, the county board may
elect by ballot three county superin-
tendents of the poor, who shall hold
their offices for such term, not less than
one nor more than three years, as said
board may determine, subject to re-
moval by said board at any meeting
thereof and all vacancies shall be filed
by the chairman OF the county board,
which appointment shall hold until the
next annual meeting of the county
board; but when a vacancy happens
before the expiration OF the term, it
shall be filed for the residue OF the
term only; or any such county board
may provide for the support and main.
tpnace of such moor without the cleo.