Harbick v. Marinette County

405 N.W.2d 724, 138 Wis. 2d 172, 1987 Wisc. App. LEXIS 3592
CourtCourt of Appeals of Wisconsin
DecidedMarch 17, 1987
Docket86-1712
StatusPublished
Cited by8 cases

This text of 405 N.W.2d 724 (Harbick v. Marinette County) is published on Counsel Stack Legal Research, covering Court of Appeals of Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harbick v. Marinette County, 405 N.W.2d 724, 138 Wis. 2d 172, 1987 Wisc. App. LEXIS 3592 (Wis. Ct. App. 1987).

Opinion

MYSE, J.

Robert Harbick, Marinette County Clerk, appeals a judgment declaring that the Mari-nette County Board had lawfully transferred certain account keeping duties from the county clerk to the county auditor. Harbick argues that pursuant to sec. 59.17(8), Stats., the county clerk is empowered to keep all of the county’s account and books of account. We disagree and affirm the judgment.

In 1965, Marinette County enacted Resolution No. 32, and, pursuant to sec. 59.72, Stats., created the office of county auditor. This resolution transferred to the auditor the duties of keeping certain accounts and books of account that had been previously performed by the county clerk.

In 1982, Robert Harbick was elected county clerk. Harbick asked the county board and its finance committee to return the account keeping duties to his office. They refused, and Harbick commenced an action for declaratory relief. In the declaratory action, *175 Harbick argued that the county board had unlawfully transferred the account keeping duties to the auditor because sec. 59.17(8) mandated that the clerk was to keep all of the county’s accounts and books of account.

The trial court determined that the clerk was solely responsible for those account keeping duties identified in sec. 59.17(3) through (7), Stats., and those identified elsewhere by statute, or that were performed by the clerk on an immemorial basis. The court also determined that other than these duties, the clerk was responsible for keeping only those other accounts designated by the county board pursuant to sec. 59.17(8). The court concluded that because the account keeping duties transferred to the auditor were neither specifically conferred upon the clerk by statute nor performed by the clerk on an immemorial basis, the county had acted lawfully in transferring those duties to the auditor.

Harbick asks this court to interpret sec. 59.17(8) to mean that the clerk is to keep all of the county’s accounts and books of account. We decline to do so.

The interpretation of a statute presents a question of law. DeMars v. LaPour, 123 Wis. 2d 366, 370, 366 N.W.2d 891, 893 (1985). Whether a statute is ambiguous is also a question of law. St. John Vianney School v. Board of Education, 114 Wis. 2d 140, 150, 336 N.W.2d 387, 391 (Ct. App. 1983). Questions of law are determined independently without deference to the trial court’s decision. Id. at 151, 336 N.W.2d at 391. If a statute is ambiguous, we look to the statute’s context, subject matter, scope, history, and object to be accomplished to ascertain the legislature’s intent. A cardinal rule of statutory construction is that an interpretation that effects the purpose of an act is *176 favored over one that defeats the act’s manifest object. Heaton v. Independent Mortuary Corp., 97 Wis. 2d 379, 393, 294 N.W.2d 15, 22 (1980).

Section 59.17(8) provides that the county clerk is to "[k]eep all of the accounts of the county and all books of account as the county board directs.” We conclude that this provision of sec. 59.17(8) is ambiguous. It could mean that the clerk is to keep all of the county’s accounts and books of account, and that the clerk is to maintain those accounts as directed by the county board. On the other hand, this provision could mean that the clerk is to keep only those accounts and books of account designated by the county board. We conclude that the legislature intended the latter meaning.

Within ch. 59, Stats., the legislature provided that the powers granted to the counties under that chapter are to be liberally construed. Section 59.026, Stats., states:

For the purpose of giving to counties the largest measure of self-government in accordance with the spirit of the administrative home rule authority granted to counties in s. 59.025, it is hereby declared that this chapter shall be liberally construed in favor of the rights, powers and privileges of counties to exercise any organizational or administrative power.

In light of this explicit statement of legislative intent, sec. 59.17(8) must be broadly interpreted when a county is exercising its organizational and administrative powers. See also secs. 59.025 and 59.07, Stats. Determining which official will perform a county’s account keeping duties is an organizational and ad *177 ministrative task. Permitting a county board to make this determination comports with the legislature’s intent.

Additionally, in sec. 59.72 the legislature empowered counties to create the office of auditor and to confer upon the auditor the duties of maintaining the county’s accounts and books of account. Section 59.72 provides in part:

(1) In every county the county clerk shall act as auditor, unless a separate office of county auditor is created as provided in sub. (2), and, when directed by resolution of the county board, shall examine the books and accounts of any county officer, board, commission, committee, trustees or other officer or employe entrusted with the receipt, custody or expenditure of money, or by or on whose certificate any funds appropriated by the county board are authorized to be expended, ... and all original bills and vouchers on which moneys have been paid out and all receipts of moneys received by them. ...
(2) ... The auditor shall perform the duties and have all the powers conferred upon the county clerk as auditor by sub. (1), and shall perform such additional duties and shall have such additional powers as are imposed and conferred upon him or her from time to time by resolution adopted by the board.
(3) ... The auditor shall direct the keeping of all of the accounts of the county, in all of its offices, departments and institutions, and shall keep books of account necessary to properly perform the duties of the office. ... The auditor shall perform all duties pertaining to the office, have all the powers and perform the duties in sub. (1) and perform other duties imposed by the county board.

*178 It is evident that by enacting sec. 59.72, the legislature sought to enable a county to employ a professional with special expertise as auditor to handle the county’s complex fiscal matters. In so doing, the legislature specifically provided that those account keeping duties necessary to the auditor’s function could be transferred from the county clerk to the auditor. No such enabling legislation could exist if the legislature intended that only the county clerk was to maintain the county’s accounts.

When presented with the same question as presented here, our attorney general reached a similar conclusion:

In my opinion the statute [sec. 59.17(8)]... empowers the county board to direct which accounts of the county and books of account, in addition to those set forth in subsecs.

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Cite This Page — Counsel Stack

Bluebook (online)
405 N.W.2d 724, 138 Wis. 2d 172, 1987 Wisc. App. LEXIS 3592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harbick-v-marinette-county-wisctapp-1987.