69 Op. Att'y Gen. 136 (1980)

Wisconsin Attorney General Opinions
 
69 OAG 136   137  END

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.

69 OAG 136   137  END

   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   subSection which is withdrawn or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

69 OAG 136   137  END