AG Schimel Issues Formal Opinion Regarding County Boards Appropriating Money to Nonprofits

Sep 1 2017

MADISON, Wis. – Today, Attorney General Brad Schimel issued a formal opinion to Shawano County Corporation Counsel Tony Kordus concerning whether a county board is legally authorized to appropriate money to a private nonprofit food pantry. Schimel concluded that a county board is not authorized to do so. County boards only have the powers expressly conferred or necessarily implied by statute. The statute governing county boards’ authority with respect to health and human services, Wis. Stat. § 59.53, does not authorize appropriations to nonprofit food pantries and such a power cannot be implied because Wis. Stat. § 59.53 specifically grants authority to appropriate money to other types of nonprofits.

 

Copies of the formal opinion and opinion request are attached.

 

Formal and informal opinions issued by Attorney General Schimel are available at: https://www.doj.state.wi.us/opinions/ag-opinions.

 

All Attorney General Opinions issued since 1911 are available at https://www.doj.state.wi.us/dls/ag-opinion-archive.