Village of Belgium, WI
Ozaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Belgium 11-21-1991 by Ord. No. 16-91 as Title 2, Ch. 3, of the 1991 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Boards, committees and commissions — See Ch. 14.
Ethics — See Ch. 30.
Government and elections — See Ch. 40.
Village Board — See Ch. 74.

§ 55-1 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.
C. 
Applicability of ethics statutes. The general laws for the punishment of bribery, misdemeanors and corruption in office shall apply to Village officers.[1]
[1]
Editor's Note: See also Ch. 30, Ethics.
D. 
Legal representation. 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 fees.

§ 55-2 Village Clerk and Village Treasurer. [1]

[Amended 9-28-2009 by Ord. No. 26-09]
A. 
Separate offices. The offices of Village Clerk and Village Treasurer shall be separate.
B. 
Appointment. The Village Clerk and Village Treasurer shall each be appointed by a majority vote of the members of the Village Board for a definite term or for an indefinite term, as the Board may decide. The Village Board may also terminate any person so appointed for any cause determined sufficient by the Board. The Village Clerk and Village Treasurer shall each receive such compensation as the Village Board may determine.
C. 
Duties of Village Clerk. The Village Clerk shall perform the duties prescribed in § 61.25, Wis. Stats., and such other duties as may be prescribed by state statute or the Village Board.
D. 
Duties of Village Treasurer. The Village Treasurer shall perform the duties prescribed in § 61.26, Wis. Stats., and such other duties as may be prescribed by state statute or the Village Board.
E. 
Supervision. The Village Clerk and Village Treasurer shall each report separately to the Village Board and function under the direct supervision of the Village Board. The Village Clerk and Village Treasurer shall assume responsibility for and have direct supervision of the deputies and assistants appointed to assist him or her. The Village Board shall designate either the Village Clerk or Village Treasurer to be the team leader for all employees of the Village office. The team leader shall make decisions in the absence of consensus, resolve conflicts between team members and coordinate team efforts.[2]
[Amended 4-19-2011 by Ord. No. 10-11]
[2]
Editor's Note: Original Sec. 2-3-3, Deputy Clerk-Treasurer, which immediately followed this section, was deleted 12-12-1996 by Ord. No. 43-96.
[1]
Editor's Note: This section was originally adopted and amended by Charter Ordinance.

§ 55-3 Deputy Clerk and Deputy Treasurer.

[Added 2-11-2002 by Ord. No. 3-02; amended 9-28-2009 by Ord. No. 27-09]
The Village President may appoint a Deputy Clerk and a Deputy Treasurer, subject to confirmation by a majority of all members of the Village Board. The Deputy Clerk and Deputy Treasurer shall have indefinite terms of office. The Deputy Clerk shall act under the Village Clerk's direction and shall, during the temporary absence or disability of the Village Clerk or during a vacancy in such office, perform the duties of Village Clerk. The Deputy Treasurer shall act under the Village Treasurer's direction and shall, during the temporary absence or disability of the Village Treasurer or during a vacancy in such office, perform the duties of Village Treasurer. The acts of a Deputy shall be covered by official bond as the Village Board shall direct. The Village Clerk may serve as Deputy Treasurer and the Village Treasurer may serve as Deputy Clerk.

§ 55-4 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 serve at the pleasure of the Village 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 Attorney shall perform such other duties as provided by state law and as designated by the Village Board.
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.

§ 55-5 Village Marshal. [1]

A. 
Appointment.
(1) 
The Village of Belgium hereby elects that the portion of § 61.19, Wis. Stats., relating to the election of a Village Marshal/Constable, and any other portions of the Wisconsin Statutes relating to election of a Village Marshal, shall not apply to the Village of Belgium.
(2) 
The Village Marshal shall be appointed by the Village Board for a definite term or for an indefinite period, as the Village Board may decide. The Village Board may terminate any person so appointed for any cause determined sufficient by the Village Board. The Village Marshal shall receive such compensation as the Village Board may determine, and he/she shall assume responsibility for such deputies as may be appointed to assist him/her.
[Amended 10-4-1999 by Ord. No. 46-99; 10-14-2013 by Ord. No. 18-13]
B. 
Duties.
(1) 
The Village Marshal shall have those duties and powers as provided in § 61.28, Wis. Stats., and as directed from time to time by the Village Board.
(2) 
The Marshal shall, at all times, maintain the peace, dignity and good order of the Village and protect the public welfare of the community and its citizens and all persons therein in accordance with this chapter and the laws of the State of Wisconsin and County of Ozaukee and the ordinances of the Village of Belgium.
C. 
Allowances. The Marshal shall receive such allowances for uniforms, equipment and all essential needed items that are, from time to time, authorized by the Village Board and he shall make an annual inventory of all items owned by the Village which are entrusted to his person.
[1]
Editor's Note: This section was originally adopted by Charter Ordinance.

§ 55-6 Fire Chief.

The Fire Chief shall be appointed pursuant to the bylaws of the Belgium Fire Department.

§ 55-7 Weed Commissioner.

[Amended 3-8-2010 by Ord. No. 2-10]
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 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.

§ 55-8 Director of Public Works.

A. 
Appointment. The Director of Public Works shall be selected by a majority vote of the Village Board solely on the basis of merit, training, experience, administrative ability, efficiency and general qualifications and fitness for performing the duties of the position.
B. 
Term. The Director of Public Works shall hold office for an indefinite term subject to removal by a three-fourths vote of the Village Board.
C. 
Duties and powers. The Director of Public Works shall have the following duties and powers. He shall:
(1) 
Have general charge and supervision of all public works in the Village.
(2) 
Be responsible for the maintenance, repair and construction of streets, alleys, curbs and gutters, sidewalks, bridges, street signs, storm and sanitary sewers, Village buildings and structures and all machinery, equipment and property used in any activity under his control.
(3) 
Have charge of all public services, including snow and ice removal, street cleaning and flushing, and mosquito and rodent control.
(4) 
Perform such other activities and duties as are imposed upon him from time to time by the Village Board or by his job description and employment contract.

§ 55-9 Assessor. [1]

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. 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 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 § 17.14(1), Wis. Stats.[2]
[2]
Editor's Note: Original Sec. 2-3-10, Health Officer, which immediately followed this section, was deleted 11-10-1997 by Ord. No. 22-97.
[1]
Editor's Note: This section was originally adopted by Charter Ordinance.

§ 55-10 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, required 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.

§ 55-11 Oaths of office.

A. 
Requirement. Within five days after the election or appointment of any Village officer, the Village Clerk shall notify the person so selected thereof. Every person elected or appointed to the office of Village President, Trustee, Village Marshal and Clerk shall, within five days after election or notice thereof, when required, take and file the official oath.
[Amended 3-8-2010 by Ord. No. 2-10]
B. 
Form; procedure. The form, filing and general procedure for the taking of oaths shall be governed by Ch. 19, Subch. I, Wis. Stats.

§ 55-12 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 is 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.

§ 55-13 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.

§ 55-14 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.

§ 55-15 Official bonds.

[Amended 3-8-2010 by Ord. No. 2-10]
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 re-elected or reappointed to the same office shall take and file an official bond for each term of service.

§ 55-16 Residency requirement.

[Added 8-12-2002 by Ord. No. 18-02; amended 7-11-2011 by Ord. No. 13-11; 10-14-2013 by Ord. No. 18-13]
A. 
Definition. For purposes of this section:
EMERGENCY PERSONNEL
The Emergency Management Director, Water Superintendent and Wastewater Superintendent.
B. 
Residency requirement. All Village emergency personnel shall reside within 15 miles of the corporate boundaries of the Village.