Coordination with UW and State offices
Interaction with Other University Offices
While OALS works with a variety of University offices, it closely coordinates efforts with a specific number of other offices, especially on personnel-related matters such as grievances, claims of discrimination, hiring, discipline, and termination. Among them are the offices of Human Resources, Employee Assistance, and the Equity and Diversity Resource Center. Staffing for certain standing committees is also provided.
Coordination with the UW System
The UW System Office of General Counsel serves as corporation counsel to the Board of Regents and provides legal services throughout the UW System. OALS works closely with the UW System office on matters of interest to the entire system.
The Attorney General and Department of Justice
Under Section 165.25, Wis. Stats., the Attorney General and Department of Justice are specifically empowered to appear, prosecute and defend all civil and criminal matters in which the state has an interest or is a party. This provision applies to cases involving UW–Madison, its employees or agents. In addition, there are separate state statutes that provide certain limitations on liability of state officers, employees, and agents and for the defense and payment by the state of any judgments and claims settled, when the individual is acting within the scope of his or her employment (Sections 893.82 and 895.46, Wis. Stats.).
Given this, lawsuits filed in both the county circuit and the federal district court systems are referred to the Department of Justice for representation. An OALS attorney is assigned to each case to provide background, assist in case preparation, and as a consultant for possible trial strategies and settlements. When a university employee is served with a summons and complaint in any jurisdiction involving matters within the course and scope of their employment, the documents must be forwarded to OALS immediately so that attorney general representation may be requested.
The Governor
By virtue of Sections 14.11(2) and 20.930, Wis. Stats., only the Governor has the authority to appoint or approve the employment of special counsel or other attorneys not associated with OALS, the Department of Justice, or the UW System General Counsel’s Office. In light of this, no attorney may represent or file any action on behalf of UW–Madison or the UW System Board of Regents without first having been appointed to do so by the Governor. Should a situation arise where this may be desirable, OALS will work with the UW System General Counsel, the Attorney General and the Governor to make the determination and effectuate an appointment.