[HISTORY: Adopted by the Town Board of the Town of Vinland
as Title 2, Ch. 4, of the 2004 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Ethics — See Ch. 49.
A.
Elected Town officers. Pursuant to § 122-3 of the Code, the Town of Vinland shall elect a Chairperson and two Supervisors.
B.
Restrictions.
(1)
Only an elector of the Town may hold a Town office, other than an
Assessor appointed under § 60.307, Wis. Stats., or a town clerk,
town treasurer or combined town clerk and town treasurer appointed
under § 60.30(1)(e), Wis. Stats.[1]
(2)
No person may hold the offices of Town Treasurer and Town Assessor
at the same time. No person may assume the office of Town Assessor
unless certified by the Wisconsin Department of Revenue, under § 73.09,
Wis. Stats., as qualified to perform the functions of the office of
Town Assessor. If the Town reverts to a system of electing instead
of appointing the Assessor, and a person is elected to the office
and is not certified by June 1 of the year elected, the office is
vacant, and the Town Board shall fill the vacancy from a list of persons
certified by the Wisconsin Department of Revenue.
C.
Notice of election. Within five days after completion of the canvass
under § 7.53, Wis. Stats., the Town Clerk shall transmit a notice
of election to each person elected to a Town office.
E.
Appointed officials. The following Town officials shall be appointed
in the manner and for the term indicated:
|
Official
|
How Appointed
|
Term
(years)
| |
|---|---|---|---|
|
Assessor
|
Town Board
|
1
| |
|
Attorney
|
Town Board
|
Indefinite
| |
|
Weed Commissioner
|
Town Board
|
1
| |
|
Zoning Administrator
|
Town Board
|
1
| |
|
Animal Control Officer
|
Town Board
|
1
| |
|
Building Inspector
|
Town Board
|
1
| |
|
Custodian
|
Town Board
|
1
|
A.
If any elected Town officer, other than a Supervisor, is absent or
temporarily incapacitated for any cause, the Town Board may appoint,
if there is no deputy officer for the office, a suitable person to
discharge the duties of the office until the officer returns or the
disability is removed. Appointees shall file the official oath and
bond required under § 60.31, Wis. Stats.
B.
Vacancies on the Town Board shall be filled by appointment by the
remaining Supervisors and the Town Clerk, except when the vacancy
is caused by removal by the Circuit Judge as provided by law, which
latter vacancy shall be filled by appointment by the said Judge. Persons
appointed under this subsection to fill vacancies shall hold office
for the residue of the unexpired term.
C.
If any elected Town officer, other than a Supervisor, refuses to
perform any official duty, the Town Board may appoint a suitable person
to perform those duties which the officer refuses to perform. An appointee
shall file the official oath and bond required of the office under
§ 60.31, Wis. Stats. This subsection does not preclude a finding
that refusal to perform official duties constitutes cause under §
17.13(3), Wis. Stats.
A.
Official oath. Except as provided in Subsection C, every elected or appointed Town officer shall take and file the oath under § 19.01, Wis. Stats., within five days after notification of election or appointment.
B.
Official bond. The Town Clerk, Town Treasurer and elected Assessor,
if applicable, shall execute and file an official bond provided by
the Town. No natural person may be a surety on a bond under this subsection.
The bond may be furnished by a surety company under § 632.17(2),
Wis. Stats. The amount of the bond shall be fixed by the Town Board.
If the amount of the bond is not fixed by the Board, the amount shall
be the same as that required of the last incumbent of the office.
If the Town Board at any time determines that the bond is insufficient,
it may require an additional bond to be filed within 10 days in an
amount fixed by the Board. If the Town Board establishes Deputy Clerk
or Treasurer positions, such persons shall be bonded.
C.
Exceptions. If the Town reverts to a system of electing an Assessor
and/or creates a Municipal Court:
D.
Failure to file oath or bond. If any person elected or appointed
to a Town office fails to file a required official oath or bond within
the time prescribed by law, the failure to file constitutes refusal
to serve in office.
A.
Established by Town Meeting or Board.
(1)
Except as provided under Subsection A(2) below, the Town Meeting shall establish the compensation of elective Town offices.
(2)
If authorized by the Town Meeting under § 60.10(2)(k),
Wis. Stats., the Town Board shall establish the compensation of elective
Town offices, other than the office of Supervisor or Chairperson.
B.
Nature of compensation. Compensation under this section may be:
(1)
An annual salary.
(2)
A per diem compensation for each meeting necessarily devoted to the
service of the Town and the discharge of duties. Board members or
Town officials shall be the Town's authorized representative at a
meeting or be attending an authorized convention/training session
to be eligible for per diem compensation.
(3)
A combination of the above.
C.
Changes during term. Subject to Subsection D, the Town Meeting or, if authorized to establish compensation, the Town Board may make a change in the compensation of an elective Town office to take effect during the term of office.
D.
When established. Compensation under this section shall be established
prior to the latest date and time for filing nomination papers for
the office. After that date and time, no change may be made in the
compensation of the office that applies to the current term of office.
A.
Generally. The Town Board may provide for reimbursement of expenses
necessarily incurred by any officer or employee of the Town in the
performance of official Town duties. The Board may determine who is
eligible for expense reimbursement, which expenses are reimbursable,
and the amount of reimbursement. Expenses reimbursable under this
section include, but are not limited to:
B.
Manuals. The Town Board may purchase handbooks and manuals that will
materially assist Town officials and employees in the performance
of official duties.
Except for offices combined under § 60.305, Wis. Stats.,
the Town may not compensate a Town officer for acting in more than
one official capacity or office of the Town at the same time.
Office of Town Clerk.
A.
Clerk of Town Meeting. Serve as Clerk of the Town Meeting under §
60.15, Wis. Stats.
B.
Clerk of the Town Board.
(1)
Serve as Clerk of the Town Board, attend meetings of the Board and
keep a full record of its proceedings.
(2)
File all accounts approved by the Town Board or allowed at Town Meetings
and enter a statement of the accounts in the Town's record books.
(3)
File with the Town Board claims approved by the Clerk, as required
under § 60.44(2)(c), Wis. Stats.
C.
Finance book. Maintain a finance book, which shall contain a complete
record of the finances of the Town, showing the receipts, with the
date, amount and source of each receipt; the disbursements, with the
date, amount and object of each disbursement; and any other information
relating to Town finances prescribed by the Town Board. The financial
records a Town Clerk is expected to maintain are in addition to, not
in lieu of, those a Town Treasurer is expected to maintain.
D.
Elections and appointments.
(1)
Perform the duties required by Chs. 5 to 12, Wis. Stats., relating
to elections.
(2)
Transmit to the County Clerk, within 10 days after election or appointment
and qualification of any Town Supervisor, Treasurer, Assessor or Clerk,
a written notice stating the name and post office address of the elected
or appointed officer. The Clerk shall promptly notify the County Clerk
of any subsequent changes in such offices.
(3)
Transmit to the Clerk of Circuit Court, immediately after the election
or appointment of any Constable or Municipal Judge in the Town, a
written notice stating the name of the Constable or Municipal Judge
and the term for which elected or appointed. If the Judge or Constable
was elected or appointed to fill a vacancy in the office, the Clerk
shall include in the notice the name of the incumbent who vacated
the office.
E.
Sale of real property. Execute the conveyance of real property of
the Town. However, prior to the sale of any property by the Town Board,
the electors attending a Town Meeting must have given the Town Board
authorization to do so.
G.
Records.
(1)
Comply with Subchapter II of Ch. 19, Wis. Stats., concerning any
record of which the Clerk is legal custodian.
(2)
Demand and obtain the official books and papers of the Municipal
Judge if the office becomes vacant and the Judge's successor is not
elected or appointed and qualified or if any Municipal Judge dies.
The Town Clerk shall dispose of the books and papers as required by
law.
H.
Licenses. Issue any license or permit granted by the Town Board when
any required fee has been paid.
I.
Schools.
(1)
Perform the Clerk's duties under Chs. 115 to 121, Wis. Stats., relating
to public instruction.
(2)
Within 10 days after the Clerk's election or appointment, report
his or her name and post office address to the administrator of each
cooperative educational service agency which contains any portion
of the Town. The Clerk shall report to the administrator the name
and post office address of each School District Clerk within 10 days
after the name and address is filed in the Clerk's office.
(3)
Make and keep in the Clerk's office a map of the Town, showing the
exact boundaries of school districts within the Town.
(4)
Apportion, as provided by law, tax revenues collected by the Town
for schools.
J.
Highways and bridges. Perform the duties specified in Chs. 82 to
92, Wis. Stats., relating to highways, bridges and drains.
K.
Notice of property tax revenue. Notify the Clerk of the County in
which the Town is located, by February 20, the proportion of property
tax revenue and the credits under § 79.10, Wis. Stats., that
is to be disbursed by the County Clerk to each taxing jurisdiction
located in the Town.[1]
L.
Statement of indebtedness to Secretary of State. Furnish, pursuant
to § 69.68, Wis. Stats., a full and complete summary of the bonded
indebtedness and all other indebtedness, the purpose for which the
sum was incurred and any accrued interest, if any, remaining unpaid
to the Secretary of State.
M.
Managed Forest Act. Receive copies from the Wisconsin Department
of Natural Resources of all petitions for entry under the Managed
Forest Law of all lands in the Town pursuant to § 77.82(5), Wis.
Stats. The Town Clerk shall receive copies of notice of hearings established
pursuant to § 77.82(6), Wis. Stats., and copies of any orders
issued pursuant to § 77.82(8), Wis. Stats.
N.
Notice of cessation of operations. Receive the appropriate notice,
pursuant to § 109.07, Wis. Stats., of mergers, liquidations,
dispositions, relocation or cessation of operations from any employer
in the Town; the Town Clerk shall then immediately inform the Town
Board of receipt of such information.
O.
Release and publication of tax roll. Receive the assessment rolls
and then publish a Class 1 notice, if applicable, or post notice under
Ch. 985, Wis. Stats. The notice will provide that in the noted days
the assessment roll will open for examination by the taxable inhabitants.
P.
Rabies control program. Promptly post notice in at least three public
places in the Town pursuant to § 95.21(3), Wis. Stats., with
the notices of quarantine to be furnished by the Department of Health
Services.
Q.
Prepare general statistics and annual statement of taxes. Make out
and transmit to the County Clerk by year's end a statement pursuant
to § 69.60, Wis. Stats., showing the assessed value of all property
within the Town, all taxes levied, all special assessments made and
purposes for those special assessments. Also, a complete and detailed
statement of the bonded and other indebtedness of the Town and of
any accrued interest remaining unpaid and the purpose for which the
indebtedness was incurred. In addition, on or before the third Monday
of December, the Town Clerk shall file a statement of taxes levied
to the Department of Revenue.
R.
Make tax roll. Make out the complete list of all taxable real property
to be called "the Tax Roll" as required in § 70.65, Wis. Stats.
S.
Correct Tax Roll. Before delivering the Tax Roll to the Town Treasurer
and after delivering the Tax Roll to the Town Treasurer, shall correct
the errors in the Tax Roll required in § 70.73, Wis. Stats.
T.
Receive Assessment Roll. Receive from the Assessor, on or before
the first Monday in May, the completed Assessment Roll as required
by § 70.50, Wis. Stats.
U.
Drainage district. Insert in the Tax Roll, in a separate column,
amounts certified by the Drainage Board Secretary as assessments and
interest due and required under § 88.42, Wis. Stats.
V.
In general. Perform all other duties required by law, ordinance or
lawful direction of the Town Meeting or Town Board.
W.
Deputy Clerk. The Town Clerk may, pursuant to § 60.331,
Wis. Stats., appoint a Deputy Clerk, The Deputy Clerk shall take and
file the oath and bond as required by § 60.31, Wis. Stats. The
Town Board shall determine what compensation is to be paid the Deputy
Clerk.
The Town Treasurer shall:
A.
Receive and disburse Town money.
(1)
Receive and take charge of all money belonging to the Town or which
is required by law to be paid into the Town treasury and disburse
the money under § 66.0607, Wis. Stats.
(2)
Keep an itemized account of all moneys received and disbursed, specifying
the source from which it was received, the person to whom it was paid
and the object for which it was paid. The Town Treasurer shall issue
numbered receipts for all funds received. At the request of the Town
Board, the Town Treasurer shall present the account books and any
supporting documents requested, to the Board.
B.
Deposit Town money.
(1)
Deposit as soon as practicable funds of the Town in the name of the
Town in the public depository designated by the Town Board. Failure
to comply with this subsection is grounds for removal from office.
C.
Records. Comply with Subchapter II of Ch. 19, Wis. Stats., concerning
records of which the Treasurer is legal custodian.
D.
Taxes. Perform all the duties relating to taxation required of the
Town Treasurer under Chs. 70 to 79, Wis. Stats.
A.
Qualifications.
(1)
The Assessor or assessment firm shall be certified by the Department
of Revenue under § 73.09, Wis. Stats., as qualified to perform
the functions of an Assessor. The Town Assessor is appointed for an
indefinite term of office, pursuant to § 60.307(2), Wis. Stats.
(2)
The Town has elected to change the office of Assessor to an appointed
position. Pursuant to § 60.307(2), Wis. Stats., the Assessor
is appointed by majority vote of the Town Board for a term as determined
by contract, but not less than one year. The Town Assessor so appointed
may hold the office of Assessor for another town or municipality with
the consent of the Town Board.[1]
B.
Duties. The Town Assessor shall have all the statutory authority,
powers and duties for property tax assessment required of the Town
Assessor pursuant to Chs. 60, 66, 70 and 79, Wis. Stats. The Assessor
shall begin, under § 70.10, Wis. Stats., to make an assessment
of all the property in the Town liable to taxation, as prescribed
by law. The Assessor shall return the assessment roll to the Town
Clerk at the same time and in the same manner in which town assessors
are required to do as required by Ch. 70, Wis. Stats.
A.
Appointment. There is hereby created the position of Building Inspector(s),
who shall be appointed by the Chairperson, subject to confirmation
by the Town Board. He/she shall have an indefinite term of office
or as prescribed by professional services agreement. The Building
Inspector shall review plans, collect code-related fees and arrange
for on-site inspections. The Building Inspector shall have proper
certification in areas of responsibility from the State of Wisconsin.
If an independent contractor is serving as Town Building Inspector,
the Town Board may require that such Building Inspector provide evidence
of liability insurance.
B.
Powers and duties.
(1)
The Building Inspector shall enforce the Town's building and housing
codes and all other ordinances, laws and orders of the Town and state
which relate to building construction, alteration and repair. With
the authorization of the Town Board, he may appoint one or more Deputy
Building Inspectors and may delegate to them the above-mentioned powers
and duties.
(2)
The Building Inspector shall make all on-site inspections necessary
for compliance and enforcement of the Building Code.
(3)
The Inspectors shall have the power to order all work stopped on
construction, alteration or repair of buildings in the Town when such
work is being done in violation of any Town ordinance. Work shall
not be resumed after the issuance of such an order, except on written
permission of the appropriate Inspector.
C.
Right of entry. Inspectors 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.
The Weed Commissioner shall be appointed by the Chairperson,
subject to Town Board confirmation. The term of office of the Weed
Commissioner shall commence on the first day of May following his
or her appointment. The Weed Commissioner shall take the official
oath, which oath shall be filed in the office of the Town 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.
A.
Election. The office of Town Attorney is an appointed position. The
Town Attorney may be appointed by the Town Board and shall serve at
the pleasure of the Board. The Town Board shall negotiate and establish
the compensation in a contract for the designation, retention or employment
of an attorney, based on a regular salary, per diem rate, retainer,
hourly rate or other method agreed to by the Attorney and the Town
Board.
B.
Duties. The Town Attorney shall have the following duties:
(1)
The Attorney shall conduct all of the law business in which the Town
is interested.
(2)
He/she shall, when requested by Town officers, give written legal
opinions, which shall be filed with the Town.
(3)
He/she shall draft ordinances, bonds and other instruments as may
be required by Town officers.
(4)
He/she may appoint an assistant, who shall have power to perform
his/her duties and for whose acts he shall be responsible to the Town.
Such assistant shall receive no compensation from the Town, unless
previously provided by ordinance.
(5)
The Town Board may employ and compensate special counsel to assist
in or take charge of any matter in which the Town is interested.
(6)
The Town Attorney shall perform such other duties as provided by
state law and as designated by the Town Board.
The office of Town Engineer is an appointed position. The Town
Engineer may be appointed by the Town Board and shall serve at the
pleasure of the Board. When authorized by the Town Board, the Town
Engineer shall provide engineering services to the Town. The cost
of engineering services provided to the Town may be billed back to
private parties when the need is created for such expenditures.
A.
Retention. The Town Board may, pursuant to §§ 60.41
and 60.43, Wis. Stats., designate, retain or employ one or more accountants,
including certified public accountants, in a temporary or continuing
basis, for financial matters or to represent the Town in financial
matters.
B.
Compensation. The Town Board shall negotiate and establish the compensation
in a contract for the designation, retention or employment of an accountant,
based on a regular salary, per diem rate, retainer, hourly rate or
other methods agreed to by the accountant and the Town Board.
C.
Duties. The accountant has the duties and powers established in §§ 60.41
and 60.43, Wis. Stats., plus any additional powers and duties established
pursuant to the retainer contract between the accountant and the Town
Board. The appropriate bond shall be filed prior to the Town Board
executing the written contract.
The office of Zoning Administrator is an appointed position that shall be filled pursuant to § 410-97 of this Code.
A.
Town employees. The Town Board may employ on a temporary or regular
basis persons necessary to carry out the functions of Town government.
The Board may establish the qualifications and terms of employment.
The Board may delegate the authority to hire Town employees to any
Town official or employee.
B.
Meeting attendance. Special office holders shall attend or make all
good faith efforts to attend all properly called meetings of the Town
Board if their attendance is requested at least three days prior to
the meeting or as established by professional services agreement.
Town officers must observe the standards of care imposed by
§ 19.21, Wis. Stats., with respect to the care and custody
of official property.
A.
Any person who is a qualified elector in the Town of Vinland may
hold any elected Town office. No member of the Town Board may, during
his or her term, be eligible for any Town office or Town position
which, during such term, the office or position has been created by
or the selection to which is vested in the Town Board. Any member
of the Town Board will be eligible for such Town office or Town position
if he or she resigns from the Town Board before being appointed to
the Town office or Town position and if the office or position was
not created during his or her term in office.
B.
Certain Town offices are incompatible, by common law and statutory
law, with other Town offices and also with other county, state or
federal offices. No Town officers shall serve in both offices at the
same time. If any question or concern by any person is raised to the
Town Board regarding incompatibility of any office in the Town of
Vinland, the Town Attorney, at the request of the Town Board, shall
review the matter and shall provide his or her written comments to
the Town Board.
A.
Authority. The Town Board has the specific statutory authority, powers and duties, pursuant to §§ 60.20, 60.22 and 60.31, Wis. Stats., and under § 89-3 of this Code of Ordinances, to require that certain elected officials take an official oath and to require that they file the appropriate bond.
B.
Oath.
(1)
General provision. All elected officers and appointed officers of
the Town of Vinland, except elected assessors and municipal judges
(if such position is established), shall take and file the below noted
oath within five days after notification of election or appointment
by the Town Clerk. The written oath of office and the oral oath of
office, pursuant to § 19.01, Wis. Stats., shall be substantially
in the following form:
(a)
Written oath.
|
STATE OF WISCONSIN
| ||
|---|---|---|
|
County of Winnebago
| ||
|
I, the undersigned, who have been elected (or appointed) to
the office of ____________________, but have not yet entered upon
the duties thereof, swear (or affirm) that I will support the Constitution
of the United States and the Constitution of the State of Wisconsin,
and will faithfully discharge the duties of said office to the best
of my ability. So help me God.
| ||
|
Subscribed and sworn to before me this _____ day of ___________,
20 _____
| ||
|
Signature
| ||
(b)
Oral oath.
|
I, ________________________, swear (or affirm) that I will support
the Constitution of the State of Wisconsin, and will faithfully and
impartially discharge the duties of the office of ________________________
to the best of my ability. So help me God.
|
(2)
Filing location. The official oath of all elected officers and appointed
officers of the Town shall be filed with the Town Clerk, except that
the Town Clerk shall file his or her oath with the Town Treasurer
and except that the Municipal Judge (if applicable) shall file his
or her oath with the Clerk of the Circuit Court.
(3)
Failure to file oath. If any elected officer or appointed officer
of the Town of Vinland fails to file the proper oath within the time
prescribed by statute, the failure to file constitutes refusal to
serve in the office. No Municipal Judge in the Town of Vinland shall
be paid a salary for any time during the term during which the Municipal
Judge has not executed and filed his or her oath.
C.
Bonds.
(1)
General provision. The bond costs shall be provided by the Town of
Vinland. No natural person may be a surety on a bond. The bond may
be furnished by a surety company under § 632.17(2), Wis.
Stats. The Town Board may at any time determine that any bond amount
established is insufficient or in excess and may therefor require
any officer noted above to file a new bond within 10 days in an amount
fixed by the Town Board.
(2)
Filing location. The official bond shall be filed with the Town Clerk,
except that the Town Clerk shall file his or her bond with the Town
Treasurer and except that the Municipal Judge shall file his or her
bond with the Clerk of Circuit Court.
(3)
Failure to file bond. The elected officers and appointed officers
of the Town required to file a bond shall file the required bond before
entering upon the duties of the office. If the elected officers and
appointed officers of the Town fail to file the required bond within
the time prescribed by law, the failure to file the required bond
constitutes refusal to serve in office, and the office can be declared
vacant by the Town Board. No Municipal Judge of the Town shall be
paid a salary for any time during the term during which the Municipal
Judge has not executed and filed the required bond.
