[HISTORY: Adopted by the Village Board of
the Village of Westfield as Title 2, Ch. 3 and § 4-7-1 of
the 1985 Code. Amendments noted where applicable.]
A.
Term. The office of Clerk-Treasurer shall be an appointed
position under the terms as provided by the Village Board.
B.
Duties. It shall be the Clerk-Treasurer's duty to:
(1)
Perform any duties prescribed by law relative to elections,
to keep subject to inspection all election returns required to be
filed in his office, and to notify persons elected or appointed to
Village offices (see Chs. 6 to 12, Wis. Stats.).
(2)
Transmit to the County Clerk, within 10 days after
election or appointment and qualification, a certified statement of
the name and term for which elected or appointed of the President,
Clerk-Treasurer and Assessor and to the Clerk of the Circuit Court,
immediately after their election or appointment and qualification,
a like statement of the time and term for which elected or appointed
of every municipal judge, chief of police, marshal or constable of
the Village, if any.
(3)
Attend all meetings of the Village Board, to record
and sign the proceedings thereof and all ordinances, rules, bylaws,
resolutions and regulations adopted, and to countersign and keep a
record of all licenses, commissions and permits granted or authorized
by the Board and for such purpose to keep the following books: a minute
book full of minutes of all the proceedings of the Village Board and
the title of all ordinances, rules and regulations and bylaws, with
reference to the book and page where the same may be found, and an
ordinance book in which shall be recorded at length, in chronological
order, all ordinances, rules, regulations and bylaws.
(4)
Countersign and cause to be published or posted every
ordinance, bylaw or resolution as required by law and to have proper
proof thereof made and filed.
(5)
Be the custodian of the Corporate Seal and to file
as required by law and to safely keep all records, books, papers or
property belonging to, filed or deposited in his office and deliver
the same to his successor when qualified, and to permit any person
with proper care to examine and copy any of the same, and to make
and certify a copy of any thereof when required, on payment of the
same fees allowed village clerks therefor.[1]
(6)
Make a tax roll and to make and transmit to the County
Clerk a statement showing the assessed valuation of all the property
in the Village and separately the amount of all taxes levied therein,
including highway and street taxes, for the current year, and the
purposes for which they were levied.
(7)
Serve as secretary and treasurer for the water and
sewer lines.
(8)
Perform all other duties required by law or by ordinance
or other direction of the Village Board.
(9)
Receive all moneys belonging or accruing to the Village
from any source whatever or directed by law to be paid to the Clerk-Treasurer
and deposit upon receipt therefor the funds of the Village in the
name of the Village in the public depository designated by the Board,
and failure to comply with the provisions hereof shall be prima facie
grounds for removal from office, and when the money is so deposited,
the Clerk-Treasurer and bondsmen shall not be liable for such losses
as are defined by § 34.01(2), Wis. Stats., and interest
arising therefrom shall be paid into the Village treasury. The Clerk-Treasurer
shall pay the same only on the written order of the President, countersigned
by the Clerk-Treasurer, and specifying the number thereof, the payee
and the amount of the object for which drawn. The Clerk-Treasurer
shall keep just and accurate and detailed accounts of all such transactions,
showing when, to whom and for what purpose all payments are made,
in a book provided by the Village Board, and preserve all vouchers
filed in the office. The Clerk-Treasurer shall deliver to his successor
when qualified all books of account, papers and property of the office
and all money on hand as Treasurer and shall perform such other duties
as are required by law or the Village Board. There shall be kept but
one fund in the treasury, except as otherwise provided. On receipt
of the tax roll and while acting as Collector of Taxes the Clerk-Treasurer
shall exercise the same powers and perform the same duties as are
by law conferred upon and required of village treasurers while acting
in that capacity and shall be subject to the same penalties and liabilities.[2]
C.
The Village Clerk-Treasurer shall also be required
to perform duties as conferred upon town treasurers in § 74.03,
Wis. Stats.
D.
The Village Clerk-Treasurer shall execute and file
an official bond which shall be furnished by a surety company as provided
by § 632.17(2), Wis. Stats.
The position of Deputy Clerk-Treasurer is hereby
established. The incumbent of the position is subject to the same
recruitment, hiring, training and disciplinary procedures as all other
regular employees. The Deputy Clerk-Treasurer shall act under the
Clerk-Treasurer's direction and supervision and shall perform the
duties of the Clerk-Treasurer during the temporary absence or disability
of that employee or during a vacancy in the office of the Clerk-Treasurer.
The acts of the Deputy Clerk-Treasurer shall be covered by officials
bonds as the Village Board shall direct (§ 61.261, Wis.
Stats.).
A.
The office of Chief of Police shall be filled by appointment
by a majority vote of the members of the Village Board for an indefinite
term, subject to removal by a three-fourths vote of the members of
the Board for incompetence, misconduct, or failure to perform duties.
B.
The Chief of Police shall have command of the police
force of the Village.
C.
Pursuant to §§ 61.195 and 61.197, Wis.
Stats., the Village of Westfield hereby elects not to be governed
by those provisions of §§ 61.19 and 61.23, Wis. Stats.,
relating to the selection and tenure of a constable or marshal and
hereby abolishes the office of constable and marshal. The Chief of
Police shall have the powers, privileges, and duties of Village Marshal
under § 61.28, Wis. Stats.
D.
Said Chief of Police shall also perform any other activities and duties as are imposed upon him from time to time by the Village Board, by the Operations Committee and any other guidelines included in Chapter 127 and any other section of this Code. In the event that there is a conflict in duties between the Operations Committee and Village Board, the majority of the Village Board will control.
A.
Appointment. The office of Fire Chief shall be filled
by appointment by a majority vote of the members of the Village Board.
The Chief shall hold office until removed for cause after a hearing
by action of 3/4 of the members of the Board, unless his services
are sooner terminated by resignation, death or change of residence
to outside the Village limits. Upon occurrence of a vacancy in the
office of Fire Chief, the ranking officer of the Department shall
perform the duties of the Chief until such vacancy is filled. The
Fire Chief shall, by virtue of his office, hold the office of Fire
Inspector.
B.
Qualifications. The Fire Chief shall be a member of
the Fire Department in good standing whose entire time, both day and
night, is ordinarily spent within the Village limits and who has had
training and experience in Fire Department operations.
C.
Duties and powers. The Chief shall have general supervision
of the Fire Department personnel, apparatus and equipment, subject
to the ordinances of the Village and the bylaws of the Department.
He may demote or expel any officer or member of the Department for
neglect or refusal to perform departmental duties, subject to the
right of any member demoted or expelled to appeal to the Village Board.
He shall enforce or cause to be enforced all fire prevention ordinances,
laws and regulations of the Village and state. The Fire Chief may
make such further rules, regulations and policies for the government
of the Fire Department as he may deem necessary, provided that such
rules and regulations shall not be inconsistent with the laws of the
State of Wisconsin.[1]
D.
To act as Fire Inspector. The Fire Chief, as Fire Inspector of the Village of Westfield, shall have the power to appoint one or more Deputy Fire Inspectors and shall perform all duties required of Fire Inspectors by the laws and rules of the state. Fire Inspections shall be made at least once annually. The Fire Chief shall also act as head of Emergency Management Services as described in Subsection E.
[Amended 7-12-2022 by Ord. No. 22:05]
E.
Head of Emergency Management Services.
(1)
The Village President shall appoint, subject to Board
confirmation, the head of Emergency Management Services. The head
of Emergency Management Services has a two-year term of office, commencing
on May 1 of odd-numbered years.
(2)
The head of Emergency Management Services shall promulgate
an effective program of emergency management in pursuit of the statewide
goals of the emergency management organization:
(a)
To prepare for and minimize the effect of enemy
action (civil defense) and natural or man-made disaster upon the civilian
population; and
(b)
To effectuate emergency repairs to, or the emergency
restoration of, vital public utilities and facilities destroyed or
damaged by such action or disaster.
(3)
The above duties shall include preparation of emergency
management and civil defense plans, as well as the requirements set
forth in Ch. 166, Wis. Stats.
(4)
The head of Emergency Management Services shall remain
in close contact with the Chief of Police of the Village of Westfield
during any such emergency.
A.
Selection. The office of Assessor shall be an appointed
position. The Assessor shall be appointed by a majority of the Village
Board.
B.
Qualification. The Assessor shall be certified by
the Department of Revenue under § 73.09, Wis. Stats., as
qualified to perform the functions of an Assessor.
C.
Duties. The Assessor shall begin under § 70.10,
Wis. Stats., to make an assessment of all of the property in the Village
liable to taxation, as prescribed by law. The Assessor shall return
the assessment roll to the Village Clerk-Treasurer on or before the
first Monday in May as required by § 70.50, Wis. Stats.
D.
Confidential information. 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),
Wis. Stats., unless a court determines that it is inaccurate, is,
per § 70.47(7)(af), Wis. Stats., not subject to the right
of inspection and copying under § 19.35(1), Wis. Stats.[1]
A.
The office of Zoning Administrator shall be filled
by appointment by a majority vote of the members of the Village Board
for an indefinite term, subject to removal by a three-fourths vote
of the members of the Board for incompetence, misconduct, or failure
to perform duties.
B.
There is hereby vested in the Zoning Administrator
the necessary power and authority to properly execute his duties.
The Zoning Administrator shall:
(1)
See to the enforcement of all ordinance provisions
relating to buildings or zoning and inspect all buildings or structures
being erected or altered as frequently as may be necessary to ensure
compliance with the Village ordinances.
(2)
Act as Plumbing Inspector and shall have all the power
and perform all duties connected with that office, including investigation
of any construction or work regulated by the ordinance pertaining
to plumbing, and issue such notices and orders as provided for by
ordinance on all new construction and remodeling.
(3)
Have the power to order all work stopped on construction or alteration or repair of buildings in the Village when such work is being done in violation of any provision of any ordinance relating thereto or in violation of Chapter 525, Zoning, of this Code.
(4)
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, for the purpose
of making inspections, at any reasonable hour.
(5)
Order the owner of premises upon which is located
any building that is dangerous, unsafe, or unsanitary, and so that
it would be unreasonable to repair the same, to raze and remove such
building or to repair the same in accordance with § 66.0413,
Wis. Stats.
The Director of Public Works shall be appointed
by a majority vote. He shall be accountable to the Village President
as his immediate supervisor. The Director of Public Works shall have
the duties as prescribed by the state statutes, other duties as required
by the Village Board, and the following specific duties. The Director
of Public Works shall:
A.
Have general charge and supervision of all public works in the Village, including but not limited to cemeteries described in more detail under Chapter 237 of this Code.
B.
Be responsible for the maintenance, repair and construction
of streets, alleys, curbs and gutters, sidewalks, bridges, street
signs, storm sewers, culverts and drainage facilities, sanitary sewers,
Village buildings and structures and all machinery, equipment and
property used in any activity under his control.
C.
Have charge of all public services, including garbage
and refuse collection and disposal, snow and ice removal, street cleaning
and flushing, and mosquito and rodent control.
D.
Perform such other activities and duties as are imposed
from time to time by the Village Board included in this Code.
E.
Supervise and direct all Village maintenance employees
and temporary employees.
A.
Selection. The Village President shall appoint a Health
Officer, subject to confirmation by the Village Board. Such Health
Officer shall be a physician or, in lieu thereof, a person with training
and experience in public health administration which shall meet training
and experience established by the State Department of Health and Family
Services. The Health Officer shall serve for an indefinite period
of time.
B.
Vacancy. If a vacancy in the position of Health Officer
occurs, the Village President shall immediately fill the position.
C.
Responsibilities.
(1)
The Health Officer shall provide such additional rules
and regulations as are necessary for the preservation of health, to
prevent the spread of communicable diseases, and to cause the removal
of all objects detrimental to health and to enforce the health laws.
All proposed rules and regulations shall be reported to the Village
Board by the Health Officer, and if the Board approves the same by
vote of a majority of its members, they shall have the force and effect
of ordinances, including penalty for violation.
(2)
The Health Officer shall from time to time recommend
to the Village Board such sanitary measures, to be executed by the
Village, as seem necessary and shall discharge such other duties as
may be imposed upon by the Board by ordinance or resolution.
(3)
The Health Officer, under the supervision of the District
State Health Officer, shall:
(a)
Make an annual sanitary survey and maintain
continuous sanitary supervision over his/her territory.
(b)
Make a periodic sanitary inspection of all school
buildings, restaurants, dairies, grocery stores, and meat markets
and places of public assemblage and report thereon to those responsible
for the maintenance thereof.
(c)
Promote the spread of information as to the
cause, nature and prevention of the prevalent diseases and the preservation
and improvement of health.
(d)
Enforce the health laws, rules and regulations
of the State Department of Health and Family Services, the state and
Village, including the laws relating to contagious diseases contained
in Ch. 252, Wis. Stats., and Ch. HFS 145, Wis. Adm. Code.
(e)
Take steps necessary to secure prompt and full
reports by physicians of communicable diseases and prompt and full
registration of births and deaths.
(f)
Keep and deliver to his/her successor a record
of all his/her official acts.
(g)
Make an annual report to the State Department
of Health and Family Services and to the Village Board and such other
reports as they may request.
(h)
Sign disinterment permits as the statutes may
require.
D.
Materials and supplies. The Health Officer shall have
authority to procure, at the expense of the Village, all record books,
quarantine cards and other materials needed by the Board of Health,
except such as are furnished by the State Department of Health and
Family Services.
The office of Weed Commissioner shall be filled
by appointment by a majority vote of the members of the Village Board
for an indefinite term, subject to removal by a three-fourths vote
of the members of the Board for incompetence, misconduct or failure
to perform duties. The Weed Commissioner shall hold office pursuant
to and fulfill the duties set out in state law.
A.
Requirement. Every officer of the Village, including
members of the Village boards and commissions, shall, before entering
upon his duties and within five days of notice of his election or
appointment, take the oath of office prescribed by law and file said
oath in the office of the Village 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.
C.
Bond. 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 as are oaths as provided in Subsection A of the section.
If any officer is absent or temporarily incapacitated
from any cause the Board may appoint a person to discharge his or
her duties until the officer returns or until such disability abates.
Permanent vacancies shall be filled as provided in § 17.24,
Wis. Stats.
Officers of the Village, whether elected or
appointed, may be removed pursuant to § 17.13, Wis. Stats.
Violation of either § 946.12 or 946.13, Wis. Stats., shall
constitute cause for removal under § 17.13(3), Wis. Stats.
Village officers and employees must observe
the standards of care imposed by § 19.21, Wis. Stats., with
respect to the care and custody of official property.
