[HISTORY: Adopted by the Village Board of Trustees of the
Village of Spencer as indicated in article histories. Amendments noted
where applicable.]
[Adopted 10-4-1993 (Secs.
2-3-1 and 2-3-10 through 2-3-14 of the 1993 Code of Ordinances), as
amended through 2-17-2015]
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 Ch. 61 of the Wisconsin Statutes shall have such
powers and duties as are prescribed by law for like officers or as
are directed by the Village Board.
All officers and departments may make the necessary rules for
the conduct of their duties and incidental proceedings.
The general laws for the punishment of bribery, misdemeanors
and corruption in officers shall apply to Village officers.
Whenever a Village official in his official capacity is proceeded
against or obliged to proceed before any civil 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.
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.
A.
Oath of office. Every officer of the Village, including members of
Village boards and commissions, shall, before entering upon his duties
and within five days after notice thereof, take the oath of office
prescribed by law and file such oath in the office of the Village
Administrator-Clerk/Treasurer. Any person reelected or reappointed
to the same office shall take and file an official oath for each term
of service.[1]
B.
Form; procedure. The form, filing and general procedure for the taking
of oaths shall be governed by Ch. 19, Subch. I, Wis. Stats.
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.
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.
Village officers must observe the standards of care imposed
by § 19.21, Wis. Stats., with respect to the care and custody
of official property.
[Adopted 10-4-1993 (Secs.
2-3-2 through 2-3-9 of the 1993 Code of Ordinances), as amended through 2-17-2015]
The Village officials hereinafter set forth shall be appointed
by the Village Board; and one or more of said offices may be held
by the same person. Persons appointed to perform the duties of the
following offices shall hold office for an indefinite term, subject
to removal as provided by § 17.13(1) and (3), Wis. Stats.:
B.
Consolidated offices. This office is a consolidated office replacing
the former offices of Village Clerk and Village Treasurer. The officer
holding the office of Village Administrator-Clerk/Treasurer shall
perform all of the duties required of the Village Clerk and shall
have all of the powers held by the Village Clerk under the law, and
primarily under Wisconsin Law and particularly § 61.25,
Wis. Stats., and shall perform all of the duties required of the Village
Treasurer and shall have all of the powers held by the Village Treasurer
under the law, and primarily under the Wisconsin Law and particularly
§ 61.26, Wis. Stats. Such Village Administrator-Clerk/Treasurer
shall also perform such further duties and have such further powers
as may from time to time be lawfully provided by the Village Board
and perform such further duties and have such further powers as may
heretofore have been provided or given to the Village Clerk or to
the Village Treasurer.
C.
Duties.
(1)
The Village Administrator-Clerk/Treasurer shall attend the meetings
of the Village Board and keep a full record of its proceedings and
shall record and sign the proceedings and all ordinances, rules, bylaws,
resolutions and regulations adopted. The Village Administrator-Clerk/Treasurer
shall sign or countersign and keep a record of all licenses, commissions
and permits granted or authorized by the Board, and, in carrying out
such duties, shall keep the following books:
(a)
A Minute Book in which shall be recorded in chronological order
full minutes of all elections, general or special, and the statements
of the inspectors therein; full minutes of all the proceedings of
the Board of Trustees; the titles of all ordinances, rules, and regulations,
and bylaws with reference to the book and page where the same may
be found.
(b)
An Ordinance Book in which shall be recorded at length in chronological
order all ordinances, rules, regulations and bylaws.
(c)
Financial accounts in which shall be kept a full and complete
record of the finances of the Village, showing the receipts, the date,
the amount, and the source thereof, and the disbursements with the
date, amount, and object for which paid out and such other matters
as the Board prescribes.
(d)
Such other books as the Board directs.
(2)
The Village Administrator-Clerk/Treasurer shall countersign and cause
to be published or posted every ordinance, bylaw or resolution as
required by law, have proper proof thereof made and filed and shall
otherwise carry out the provisions of the duties of Clerk as provided
in § 61.25, Wis. Stats., and such other duties as directed
by the Village Board.
(3)
The Village Administrator-Clerk/Treasurer shall receive all monies
belonging to or accruing to the Village from any source whatever,
or which are directed by law to be paid to such officer, and keep
an accurate detailed account of all transactions. The Village Administrator-Clerk/Treasurer
shall pay out Village money only on written order pursuant to procedures
as may be established by the Village Board and shall carry out the
duties of Treasurer as set forth in § 61.26, Wis. Stats.,
and such other duties as may be directed by the Village Board.
(4)
The
Village Administrator-Clerk/Treasurer shall have the following duties
and powers:[2]
(a)
He shall have general charge and supervision of all public works
in the Village.
(b)
He shall be responsible for the maintenance, repair and construction
of streets, alleys, curbs and gutters, sidewalks, bridges, street
signs, storm sewers, Village buildings and structures and all machinery,
equipment and property used in any activity under his control.
(c)
He shall have charge of all public services, including garbage and
refuse collection and disposal, snow and ice removal, street cleaning
and flushing, mosquito and rodent control.
D.
Qualification for office. Such person so appointed to such office
shall qualify for such office as provided for in § 61.21,
Wis. Stats., and shall before assuming the duties of such office file
an official bond as set forth in § 61.22, Wis. Stats.
E.
Deputy Clerk-Treasurer. The Village Administrator-Clerk/Treasurer,
subject to approval by the majority of all the members of the Village
Board, may in writing filed in the official book of minutes of the
Village Board, appoint a Deputy Clerk-Treasurer, who shall act under
the direction of the Village Administrator-Clerk/Treasurer and, in
case of the absence, sickness or other disability of the Village Administrator-Clerk/Treasurer,
shall perform the duties of the Village Administrator-Clerk/Treasurer.
In the case of vacancy in the office of the Village Administrator-Clerk/Treasurer,
such Deputy Clerk-Treasurer shall perform the duties of the Village
Administrator-Clerk/Treasurer until a successor is appointed and qualified.
Such Deputy Clerk-Treasurer shall take and file an oath of office
and shall receive such compensation as the Village Board shall determine.
The acts of such Deputy Clerk-Treasurer shall be covered by the official
bond in the manner the Village Board shall direct.
[1]
NOTE: This is a Charter Ordinance.
A.
Appointment. The Village Attorney is an appointed position. The Village Attorney shall be appointed pursuant to § 93-10, 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 conduct all of the legal business in which
the Village is interested.
(2)
He shall, when requested by Village officers, give written legal
opinions, 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.
Such assistant shall receive no compensation from the Village, unless
previously provided by ordinance.
(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.
The Weed Commissioner shall be appointed pursuant to § 93-10. The term of office shall commence on the first day following his or her appointment. The Weed Commissioner shall take the official oath, which oath shall be filed in the office of the Village Administrator-Clerk/Treasurer. The Weed Commissioner shall hold office pursuant to and fulfill the duties set out in state law.[2]
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 of the statutes 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 pursuant to § 93-10. 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 has been granted the appropriate certification under § 73.09, Wis. Stats. For purposes of this subsection, "independent-contractor" means a person who either:
C.
Whenever
the Assessor, in the performance of the Assessor's duties, requests
or obtains income and expense information pursuant to § 70.47(7)(af),
Wis. Stats., or any successor statute thereto, then such income and
expense information that is provided to the Assessor shall be held
by the Assessor on a confidential basis, except, however, that the
information may be revealed to and used by persons in the discharge
of duties imposed by law; in the discharge of duties imposed by office
(including but not limited to use by the Assessor in performance of
official duties of the Assessor's office and use by the Board of Review
in performance of its official duties); or pursuant to order of a
court. Income and expense information provided to the Assessor under
§ 70.47(7)(af), unless a court determines that it is inaccurate,
is, per § 70.47(7)(af), not subject to the right of inspection
and copying under § 19.35(1), Wis. Stats.[2]
[1]
NOTE: This is a Charter Ordinance.
