Chapter 2.55
MUNICIPAL OFFICERS AND EMPLOYEES
Sections:
2.55.100 Eligibility for office.
2.55.140 Custody of official property.
2.55.010 General provisions.
(a) Officers shall have generally the powers and duties prescribed for like officers of towns and villages, except as otherwise provided, and such powers and duties as are prescribed by law and except as to the village president, shall perform such duties as shall be required of him by the village board. Officers whose powers and duties are not enumerated in Chapter 61, Wis. Stats., shall have such powers and duties as are prescribed by law for like officers or as are directed by the village board.
(b) All officers and departments may make the necessary rules for the conduct of their duties and incidental proceedings.
(c) The general laws for the punishment of bribery, misdemeanors and corruption in office shall apply to village officers.
(d) Whenever a village official in his official capacity proceeded against or obliged to proceed before any court, board or commission, to defend or maintain his official position, or because of some act arising out of the performance of his official duties, and he has prevailed in such proceedings, or the village board has ordered the proceedings discontinued, the board may provide for payment to such official such sum as it sees fit, to reimburse him for the expenses reasonably incurred for costs and attorney’s fees. [Prior code § 2-3-1].
2.55.020 Village clerk.
(a) Declaration of Exemption from Certain Statutes. Pursuant to Sections 61.195, 61.197 and 66.01, Wis. Stats., the village elects not to be governed by Sections 61.19 and 61.25(2), Wis. Stats., insofar as they relate to the selection and tenure of the clerk by election, to the extent that such sections are in conflict with this chapter. (Charter Ordinance)
(b) Appointment – Term. The office of clerk shall be an appointive office. The clerk shall be appointed by a majority vote of all of the members of the village board and shall hold office for an indefinite term, subject to removal as provided in Section 17.12(1)(c) and (d), Wis. Stats.
(c) Duties.
(1) Such person appointed to perform the duties of the office shall perform all duties required as provided by law, and such other duties as are requested to be executed by such person by the village board from time to time, as well as such other and further duties and reference to the operation of and administration of the water and sewer facilities of the village.
(2) In addition to the duties enumerated in Section 61.25, Wis. Stats., the village clerk shall keep such books as shall be deemed necessary by the Public Service Commission of Wisconsin and the village for the records of the utilities of the village. [Prior code § 2-3-2].
State law reference: Sections 61.25 and 66.01, Wis. Stats.
2.55.030 Village treasurer.
(a) Declaration of Exemption from Certain Statutes. Pursuant to Sections 61.195, 61.197 and 66.01, Wis. Stats., the village elects not to be governed by Sections 61.19 and 61.25(2), Wis. Stats., insofar as they relate to the selection and tenure of the treasurer by election, to the extent that such sections are in conflict with this chapter. (Charter Ordinance)
(b) Appointment – Term. The office of treasurer shall be an appointive office. The treasurer shall be appointed by a majority vote of all of the members of the village board and shall hold office for an indefinite term, subject to removal as provided in Section 17.12(1)(c) and (d), Wis. Stats.
(c) Duties.
(1) Such person appointed to perform the duties of the office shall perform all duties required as provided by law, and such other duties as are requested to be executed by such person by the village board from time to time.
(2) In addition to the duties enumerated in Section 61.26, Wis. Stats., the village treasurer shall keep such books as shall be deemed necessary by the village board for the records of the village. [Prior code § 2-3-3].
State law reference: Sections 61.26 and 66.01, Wis. Stats.
2.55.040 Village attorney.
(a) Appointment. The village attorney is an appointed position. The village president shall appoint a village attorney, subject to confirmation by a majority of the members of the village board. The village attorney shall hold office for an indefinite term.
(b) The village attorney shall have the following duties:
(1) The attorney shall conduct all of the law business in which the village is interested.
(2) He shall, when requested by village officers, give oral or written legal opinions directed, which shall be filed with the village.
(3) He shall draft ordinances, bonds and other instruments as may be required by village officers.
(4) He may appoint an assistant, who shall have power to perform his duties and for whose acts he shall be responsible to the village.
(5) The village board may employ and compensate special counsel to assist in or take charge of any matter in which the village is interested.
(6) The village attorney shall perform such other duties as provided by state law and as designated by the village board. [Prior code § 2-3-4].
2.55.050 Fire chief.
(a) Appointment. The fire chief shall be selected according to the bylaws of the fire department serving the village.
(b) Powers and Duties of Chief.
(1) The chief shall have general supervision of the department, subject to this chapter and the bylaws of the department and shall be responsible for the personnel and general efficiency of the department.
(2) It shall be the duty of the chief to preside at all meetings of the department, to call special meetings, to preserve order, to decide all points of order that may arise and to enforce a rigid observance of this chapter and the bylaws.
(3) It shall be the duty of the chief or ranking officer of the department to be present at all fires, to have complete command of and entire responsibility for all fire-fighting operations, to plan the control of the same, to direct the action of the company when they arrive at a fire, to observe that the department does its duty, to grant leaves of absence at a fire when he may deem it proper and to see that the fire apparatus is kept in proper condition at all times.
(4) He shall enforce all fire prevention ordinances of this village and state laws and regulations pertaining to fire prevention and shall keep citizens informed on fire prevention methods and on the activities of the department.
(5) He shall keep a fire record book of every fire to which the department was caused and shall enter in such book the locality of fire, time alarm was received, cause of fire, where fire started, cause of delay (if any) in responding, method of extinguishment and equipment used, amount of insurance carried on building and contents, estimated fire loss, time fire was extinguished, names of men responding and general remarks. [Prior code § 2-3-5].
2.55.060 Assessor.
(a) Pursuant to Sections 61.195, 61.197 and 66.01, Wis. Stats., the village hereby elects not to be governed by those portions of Sections 61.19 and 61.23, Wis. Stats., which relate to the selection and tenure of the village assessor, and which are in conflict with this section. (Charter Ordinance)
(b) Hereafter, instead of being elected, the assessor or assessing firm shall be appointed by the village president, subject to confirmation by a majority vote of the members-elect of the village board. A corporation or an independent contractor may be appointed as the village assessor. The corporation or independent contractor so appointed shall designate the person responsible for the assessment. The designee shall file the official oath under Section 19.01, Wis. Stats., and sign the affidavit of the assessor attached to the assessment roll under Section 70.49, Wis. Stats. No person may be designated by any corporation or independent contractor unless he or she has been granted the appropriate certification under Section 73.09, Wis. Stats. For purposes of this subsection, “independent contractor” means a person who either is under contract to furnish appraisal and assessment services or is customarily engaged in an independently established trade, business or profession in which the services are offered to the general public.
(c) The assessor shall have an indefinite term of office, subject to removal under Section 17.14(1), Wis. Stats. His term of office shall commence on January 1st. [Prior code § 2-3-6].
State law reference: Public officials’ oaths and bonds, Section 19.01, Wis. Stats.; corporation as assessor, Sections 61.197 and 61.27, Wis. Stats.; affidavit of assessor, Section 70.49, Wis. Stats.; assessor certification, Section 73.02, Wis. Stats.; assessors in cities, Section 70.05, Wis. Stats.
2.55.070 Building inspector.
(a) Building Inspector Position.
(1) There is hereby created the position of building inspector who shall be appointed by the village president, subject to confirmation by the village board. His appointment shall continue during good behavior and satisfactory service. The building inspector shall be fully certified by the state of Wisconsin to enforce the One- and Two-Family Building Dwelling Code. There may also be a deputy building inspector.
(2) During temporary absence or disability of the building inspector, the deputy building inspector shall designate an acting building inspector.
(3) The manner and amount of compensation to be paid to the building inspector shall be fixed by the village board.
(b) Powers and Duties.
(1) It shall be the duty of the building inspector to see to the enforcement of all ordinance provisions relating to building permits and zoning.
(2) The building inspector shall make all inspections necessary for compliance and enforcement of the zoning code.
(3) The building inspector shall have the power to order all work stopped on construction, alteration or repair of buildings in the village when such work is being done in violation of any village ordinance. Work shall not be resumed after the issuance of such an order except on written permission of the inspector.
(4) The building inspector or his designee shall issue or cause to be issued all proper permits for such work after payment of the fees required therefor. He shall process all applications, make all inspections and have the authority to issue or cause to be issued a certificate of completion.
(c) Right of Entry. The building inspector shall have the power to make or cause to be made an entry into any building or premises where the work of altering, repairing or constructing any building or structure is going on, including plumbing and electrical work, at reasonable times during business hours where the altering, repairing or constructing to the premises involved requires the issuance of a building permit by village officials. Inspection shall be limited to only those areas of the premises that are being altered, repaired or constructed and which are subject to the provisions of this code. Inspection and entry onto premises by the building inspector shall be for the limited purpose of ensuring compliance with and enforcing the requirements of this code. [Ord. dated 3/6/12 § 4. Prior code § 2-3-7].
2.55.080 Municipal judge – Municipal court.
Repealed by Ord. dated 12/3/19 #3. [Prior code § 2-3-8].
2.55.090 Clerk of the municipal court.
Repealed by Ord. dated 12/3/19 #3. [Prior code § 2-3-9].
2.55.100 Eligibility for office.
(a) No person shall be elected by the people to a village office who is not, at the time of his election, a citizen of the United States and of this state, and an elector of the village, and in case of a ward office, of the ward, and actually residing therein.
(b) An appointee by the village president, requiring to be confirmed by the village board, who shall be rejected by the board, shall be ineligible for appointment to the same office for one year thereafter. [Prior code § 2-3-10].
State law reference: Section 62.09(2), Wis. Stats.
2.55.110 Oaths of office.
(a) Requirement. Within five days after the election or appointment of any village officers, the village clerk shall notify the person so selected thereof. Every person elected or appointed to the office of village president, trustees, municipal judge and clerk shall within five days after election or notice thereof, when required, take and file the official oath.
(b) Form, Procedure. The form, filing and general procedure for the taking of oaths shall be governed by Chapter 19, Subchapter I, Wis. Stats.
(c) Oath of office to read as follows:
I ________________ swear (or affirm) that I will support the constitution of the United States and the constitution of the state of Wisconsin and the Laws and Ordinances of the Village of Arena, and will faithfully and impartially discharge the duties of the office of _____________________ to the best of my ability. So help me God.
[Res. 18-03. Prior code § 2-3-11].
State law reference: Chapter 19, Subchapter I, Wis. Stats.
2.55.120 Vacancies.
(a) How Occurring. Except as provided in subsection (c) of this section, vacancies in elective and appointive positions occur as provided in Sections 17.03 and 17.035, Wis. Stats.
(b) How Filled. Vacancies in elective and appointive offices shall be filled as provided in Section 17.24, Wis. Stats.
(c) Temporary Incapacitation. If any officer be absent or temporarily incapacitated from any cause, the board may appoint some person to discharge his duties until he returns or until such disability is removed. [Prior code § 2-3-12].
State law reference: Section 61.23, Wis. Stats.
2.55.130 Removal from office.
(a) Elected Officials. Elected officials may be removed by the village board as provided in Sections 17.12(1)(a) and 17.16, Wis. Stats.
(b) Appointed Officials. Appointed officials may be removed as provided in Sections 17.13 and
17.16, Wis. Stats. Annotation: 62 Atty. Gen. Op. 97. [Prior code § 2-3-13].
2.55.140 Custody of official property.
Village officers must observe the standards of care imposed by Section 19.21, Wis. Stats., with respect to the care and custody of official property. [Prior code § 2-3-14].
State law reference: Section 19.21, Wis. Stats.
2.55.150 Official bonds.
Every officer shall, if required by law or the village board, upon entering upon the duties of his office, give a bond in such amount as may be determined by the village board with such sureties as are approved by the village president, conditioned upon the faithful performance of the duties of his office. Official bonds shall be filed with the office of the village clerk. Any person reelected or reappointed to the same office shall take and file an official bond for each term of service. [Prior code § 2-3-15].
State law reference: Section 61.22, Wis. Stats.