Village of Brandon, WI
Fond Du Lac County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Brandon 12-14-1998 as Title 2, Ch. 3, of the 1998 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Administrative decisions — See Ch. 5.
Ethics — See Ch. 48.

§ 103-1 General provisions.

A. 
General powers. 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 them by the Village Board. Officers whose powers and duties are not enumerated in Ch. 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. 
Rules. All officers and departments may make the necessary rules for the conduct of their duties and incidental proceedings, subject to prior approval by the Village Board.
C. 
Applicability of ethics statutes. The general laws for the punishment of bribery, misdemeanors and corruption in office shall apply to Village officers.
D. 
Legal representation. Whenever a Village official in his/her official capacity proceeded against or obliged to proceed before any civil court, board or commission to defend or maintain his/her official position, or because of some act arising out of the performance of his/her official duties, and he/she 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/her for the expenses reasonably incurred for costs and attorneys' fees.

§ 103-2 Appointed officials. [1]

The Village of Brandon officials hereinafter set forth shall be appointed:
Official
How Appointed
Term
Assessor
Village President subject to confirmation by the Village Board
By contract
Attorney
Village President subject to confirmation by the Village Board
Indefinite
Engineer (Consulting)
Village President subject to confirmation by the Village Board
Pleasure of Board
Weed Commissioner
Village President subject to confirmation by the Village Board
1 year
Chief of Police
Police and Fire Committee subject to confirmation by the Village Board
Indefinite
Emergency Management Director
Village President subject to confirmation by the Village Board
One year
Director of Public Works
Village President subject to confirmation by the Village Board
Indefinite
Village Clerk
Village President subject to confirmation by the Village Board
Indefinite
Building Inspector
Village President subject to confirmation by the Village Board
By contract
Village Treasurer
Village President subject to confirmation by the Village Board
Indefinite
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 103-3 Village Clerk. [1]

[Amended 4-14-2008]
A. 
Selection. Pursuant to §§ 61.195, 61.197 and 66.0101, Wis. Stats., the Village of Brandon hereby elects not to be governed by those portions of §§ 61.19 and 61.25, Wis. Stats., which relate to the selection and tenure of the Clerk and which are in conflict with this section.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Term. The appointed Village Clerk shall hold office for an indefinite term, subject to removal as provided in § 17.13, Wis. Stats.
C. 
Duties as Clerk. The Village Clerk shall be responsible for performing those duties required by the Wisconsin Statutes and such other duties as required by the Village Board. The Clerk may serve as Deputy Treasurer if so designated by the Village Board.
D. 
Duties prescribed by law. The Clerk shall perform such other duties as are prescribed by state statutes and by order of the Village Board. The Clerk generally shall perform, under the direction of the Village President or other presiding officer of the Board, all duties pertaining to his/her office as Clerk, and shall be responsible for all official acts of assistants.
[1]
Editor's Note: This section was originally enacted by charter ordinance.

§ 103-4 Village Treasurer. [1]

A. 
Selection. Pursuant to §§ 61.195, 61.197 and 66.0101, Wis. Stats., the Village of Brandon hereby elects not to be governed by those portions of §§ 61.19 and 61.26, Wis. Stats., which relate to the selection and tenure of the Treasurer and which are in conflict with this section.
B. 
Term. The appointed Village Treasurer shall hold office for an indefinite term, subject to removal as provided in § 17.13, Wis. Stats.
C. 
Audits. Annual audits shall be made of the records of the Treasurer, with the audit to be made by a certified public accountant.
D. 
Duties as Treasurer. The Village Treasurer shall perform the statutory duties of Village Treasurer and such other duties as required by the Village Board.
[Amended 4-14-2008]
E. 
Duties prescribed by law. The Treasurer shall perform such other duties as are prescribed by state statutes and by order of the Village Board. The Treasurer generally shall perform, under direction of the Village President or other presiding officer of the Board, all duties pertaining to his/her office as Treasurer, and shall be responsible for all the official acts of assistants.
F. 
Bond. The Treasurer shall execute to the Village a surety company fidelity bond in an amount determined by the Village Board.
[1]
Editor's Note: This section was originally enacted by charter ordinance.

§ 103-5 Deputy Clerk and Deputy Treasurer.

[Amended 4-14-2008]
A. 
The Village Clerk may appoint a Deputy Clerk(s), subject to confirmation by a majority of all the members of the Village Board. The Deputy Clerk(s) shall have an indefinite term of office. The Deputy Clerk(s) shall act under the Village Clerk's direction and, during temporary absence or disability of the Village Clerk or during a vacancy in such office, shall perform the duties of the Village Clerk. The acts of the Deputy Clerk(s) shall be covered by official bond as the Village Board shall direct.
B. 
The Village Board may appoint a Deputy Treasurer. The Deputy Treasurer shall have an indefinite term of office. The Deputy Treasurer shall perform such duties as directed by the Village Board and fill in for the Treasurer during an absence or vacancy in such office. The acts of the Deputy Treasurer shall be covered by official bond as the Village Board shall direct.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 103-6 Village Attorney.

A. 
Appointment. The Village Attorney is an appointed position. The Village Attorney shall be appointed pursuant to § 103-2, except the Village Attorney shall serve at the pleasure of the Board.
B. 
Duties. The Village Attorney shall have the following duties:
(1) 
The Village Attorney shall
(a) 
Conduct all of the legal business in which the Village is interested.
(b) 
When requested by Village officers, give written legal opinions, which shall be filed with the Village.
(c) 
Draft ordinances, bonds and other instruments as may be required by Village officers.
(d) 
Perform such other duties as provided by state law and as designated by the Village Board.
(2) 
The Village Attorney may appoint an assistant, who shall have power to perform his/her duties and for whose acts he/she shall be responsible to the Village. Such assistant shall receive no compensation from the Village, unless previously provided by ordinance.
C. 
Special counsel. The Village Board may employ and compensate special counsel to assist in or take charge of any matter in which the Village is interested.

§ 103-7 Chief of Police.

A. 
Appointment. The Chief of Police shall be appointed pursuant to § 103-2. The Chief shall exercise the powers and duties of the village marshals and village constables and any other powers and duties as provided from time to time by the Village Board.
B. 
General duties.
(1) 
The Chief of Police shall have command of the Police Department. The Chief of Police shall have general administration and control of the Department and shall be responsible for the Department's government, efficiency and general good conduct. The Chief of Police shall perform all duties prescribed to him/her by the laws of the state and the ordinances of the Village and shall obey all lawful written orders of the Village Board or appropriate committee thereof.
(2) 
The Chief of Police shall cause the public peace to be preserved and may arrest and with reasonable diligence take before the proper court every person found in the Village engaged in any disturbance of the peace or violating any law of the state or ordinance of the Village. The Chief shall cooperate with other law enforcement officers in the arrest or apprehension of persons charged with crime. The Chief of Police shall see that all laws and ordinances of the Village and state are enforced. Whenever any violation thereof shall come to his/her knowledge, he/she shall cause the requisite complaint to be made and see that the evidence is procured for the successful prosecution of the offender or offenders. The Chief of Police shall exercise supervisory control over all the personnel of his/her department and may adopt, subject to the approval of the Village Board, rules and regulations for the government, discipline, equipment and uniforms of the police officers. The Chief of Police shall be solely responsible for the care and condition of the equipment used by his/her Department. The Chief of Police shall keep an accurate and complete record of all complaints, arrests, traffic violations, convictions and dispositions of the Department.

§ 103-8 Fire Chief.

The Fire Chief shall be elected each year in April by the Brandon Fire Department for a one-year term of office.

§ 103-9 Weed Commissioner.

The Weed Commissioner shall be appointed by the Village President, subject to Village Board confirmation. The term of office of the Weed Commissioner shall commence on the first day of May following his/her appointment. The Weed Commissioner shall take the official oath, which oath shall be filed in the office of the Village Clerk, and shall hold office for one year. The Weed Commissioner shall hold office pursuant to and fulfill the duties set out in state law.

§ 103-10 Director of Public Works.

A. 
Appointment. The Director of Public Works shall be appointed pursuant to § 103-2. Generally, the Director of Public Works shall maintain, service, inspect and/or repair all Village public works equipment and property, including street equipment, streets and street rights-of-way, Village parks, Village buildings and other items as determined by the Village Board.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Duties and powers. The Director of Public Works shall have the following duties and powers:
(1) 
General duties. The Director of Public Works shall:
(a) 
Have general charge and supervision of certain public works in the Village.
(b) 
Be responsible for the maintenance, repair and construction of parks, streets, alleys, curbs and gutters, sidewalks, bridges, street signs, Village buildings and structures and all related machinery, equipment and property used in such activity.
(c) 
Have charge of certain public services, including snow and ice removal, street cleaning, flushing, and street maintenance.
(d) 
Perform such other activities and duties as are imposed upon him/her from time to time by the Village Board, his/her job description or employment contract.
(2) 
Maintain, clean and repair streets and roads. The Director of Public Works shall:
(a) 
Plow and remove snow as needed.
(b) 
Clean and sweep streets.
(c) 
Repair streets and roads with proper materials as needed.
(d) 
Mow grass as needed.
(e) 
Assess street repair and replacement needs as directed by the Board.
(3) 
Maintain Village buildings and equipment. The Director of Public Works shall:
(a) 
Clean, maintain, paint and service Village buildings as needed and as directed by the Board.
(b) 
Keep buildings in safe condition to meet all state and local building and safety code requirements.
(c) 
Maintain and service all Village vehicles and machinery as needed and as directed by the Board.
(4) 
Maintain water supply system. The Director of Public Works shall:
(a) 
Inspect and maintain pumping equipment in working order as needed.
(b) 
Repair water mains as needed to maintain water supply.
(c) 
Test water daily for fluoride treatment to satisfy state requirements.
(d) 
Keep water hydrants clear of obstruction and in good working condition.
(5) 
Maintain sanitary sewer system. The Director of Public Works shall:
(a) 
Operate and inspect sewer plant.
(b) 
Read flow chart and record results.
(c) 
Inspect and maintain chlorine equipment as needed.
(d) 
Collect samples and conduct tests as required by the Board and by the Wisconsin Department of Natural Resources.
(e) 
Inspect and maintain lift stations.[2]
[2]
Editor's Note: Original § 2-3-11 of the 1998 Code, Health Officer, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 103-11 Assessor.

A. 
Pursuant to §§ 61.195, 61.197 and 66.0101, Wis. Stats., the Village hereby elects not to be governed by those portions of §§ 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.
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. Said person so appointed to perform the duties of such office shall have an indefinite term and shall serve as determined by contract. 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 § 19.01, Wis. Stats., and sign the affidavit of the Assessor attached to the assessment roll under § 70.49, Wis. Stats. No person may be designated by any corporation or independent contractor unless he/she has been granted the appropriate certification under § 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.

§ 103-12 Building Inspector.

A. 
Appointment.
(1) 
Inspectors shall be appointed pursuant to § 103-2.
(2) 
Each inspector shall:
(a) 
Possess such executive ability as is requisite for the performance of his/her duties and shall have a thorough knowledge of the standard materials and methods used in the installation of equipment in his/her area of responsibility.
(b) 
Be well versed in approved methods of construction for safety to persons and property, the statutes of the State of Wisconsin relating to work in his/her area of responsibility, and any orders, rules and regulations issued by authority thereof.
(c) 
Have sufficient experience in the installation of equipment to enable him/her to understand and apply the appropriate codes adopted by the Village of Brandon.
B. 
Authority to enter premises; appeals.
(1) 
In the discharge of their respective duties, each inspector under this section or his/her authorized agent may enter any building, upon presentation of the proper credentials, during reasonable hours for the purpose of inspection and may require the production of any permit or license required hereunder. No person shall interfere with the inspector or his/her authorized agent while in the performance of his duties, and any person so interfering shall be in violation of this section and subject to a penalty as provided by § 1-4 of this Code.
(2) 
If consent to entry to personal or real properties which are not public buildings or to portions of public buildings which are not open to the public for inspection purposes has been denied, the inspector shall obtain a special inspection warrant under § 66.0119, Wis. Stats.
(3) 
Any person feeling himself/herself aggrieved by any order or ruling of an inspector may, within 20 days thereafter, appeal from such order or ruling to the Zoning Board of Appeals, as established in Chapter 485, Zoning, such an appeal to be in writing.
C. 
Duties and authority. The Building Inspector shall have such responsibilities as are prescribed in this section and the following chapters of this Code:
(1) 
Chapter 215, Building Construction.
(2) 
Chapter 256, Erosion Control, Article I, Construction Site Erosion Control.
(3) 
Chapter 292, Historic Preservation.
(4) 
Chapter 370, Property Maintenance, Article I, Minimum Property Maintenance Standards, and Article II, Exterior Maintenance of Commercial Property.
D. 
Stop-work orders and revocations. The Building Inspector may order construction, installation, alteration or repair work stopped when such work is being done in violation of this Code. Work so stopped shall not be resumed, except with written permission of the Inspector, provided that if the stop-work order is an oral one it shall be followed by a written order within a reasonable period of time.
E. 
Conflict of interest. No Inspector shall inspect any construction work in the Village in which the Inspector has a personal or financial interest, either direct or indirect.

§ 103-13 Eligibility for office.

A. 
No person shall be elected by the people to a Village office who is not at the time of his/her 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.

§ 103-14 Oaths of office.

A. 
Oath of office. Every officer of the Village, including members of Village boards and commissions, shall, before entering upon his/her duties and within five days after notice of election or appointment, take the oath of office prescribed by law and file such oath in the office of the Village Clerk. Any person reelected or reappointed to the same office shall take and file an official oath for each term of service.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Form; procedure. The form, filing and general procedure for the taking of oaths shall be governed by Chapter 19, Subchapter I, Wis. Stats.

§ 103-15 Vacancies.

A. 
How occurring. Except as provided in Subsection C below, vacancies in elective and appointive positions occur as provided in §§ 17.03 and 17.035, Wis. Stats.
B. 
How filled. Vacancies in elective and appointive offices shall be filled as provided in § 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/her duties until he/she returns or until such disability is removed.

§ 103-16 Removal from office.

A. 
Elected officials. Elected officials may be removed by the Village Board as provided in §§ 17.13(2) and 17.16, Wis. Stats.
B. 
Appointed officials. Appointed officials may be removed as provided in §§ 17.13(1) and 17.16, Wis. Stats.

§ 103-17 Custody of official property.

Village officers must observe the standards of care imposed by § 19.21, Wis. Stats., with respect to the care and custody of official property.