Wisconsin Attorney General Opinions
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Opinion # OAG 36-80
17 June 1980.
Public Officials;
Public Service Commission;
Provisional appointees under Section
17.20(2), Stats., need not be confirmed
by
the Senate before they can begin
to serve
but can serve pending Senate confirmation
or rejection or appointment withdrawal
by the Governor.
FRED A. RISSER,
President Wisconsin State Senate
On behalf of the Senate Organization
Committee, you have requested my
opinion regarding the appointment
of Willie J. Nunnery to the
Public Service Commission.
Specifically you ask
"whether such an appointment
must be
confirmed by the State
Senate before one
can begin to serve,
or whether one can
serve pending Senate
Confirmation or
rejection, or nomination
withdrawal by
the Governor."
Charles J. Cicchetti resigned as
a
Public Service Commissioner prior
to the expiration of his term.
On April 3, 1980, Governor Dreyfus
appointed
Mr. Nunnery to the Public Service
Commission
to succeed Mr. Cicchetti.
Section 17.20(2), Stats., states:
Vacancies occurring
in the office of any
officer normally nominated
by the
governor, and with
the advice and
consent of the senate
appointed, may be
filled by a provisional
appointment by
the governor for the
residue of the
unexpired term, if
any, subject, to
confirmation by the
senate.
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Any such appointment
shall be in full
force until acted
upon by the senate,
and when confirmed
by the senate shall
continue for the residue
of the
unexpired term, if
any, or until a
successor is chosen
and qualifies.
A provisional appointee
may exercise
all of the powers
and duties of the
office to which such
person is
appointed during the
time in
which the appointee
qualifies.
Any appointment made
under this
subSection which is
withdrawn or
rejected by the senate
shall lapse.
When a provisional
appointment
lapses, a vacancy
occurs.
Whenever a new legislature
is organized,
any appointments then
pending before the
senate shall be referred
by the
president to the appropriate
standing
committee of the newly
organized senate.
A resignation creates a vacancy.
Section 17.03(2), Stats. Public
Service
Commissioners are nominated by
the Governor.
Section 15.06(1)(a), Stats.
A provisional appointee qualifies
for office
upon filing the required oath of
office.
Section 17.01(13), Stats.
Therefore, an appointee such as
Mr. Nunnery
need not be confirmed by the Senate
before he
can begin to serve but can serve
pending
Senate confirmation or rejection
or
appointment withdrawal by the Governor.
BCL:JJG
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