[HISTORY: Adopted by the Common Council of
the City of Montello 5-7-1984 as Title 2, Ch. 3 of the 1984 Code. Amendments noted where
applicable.]
A.
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 Mayor, shall perform such duties as shall be required
of them by the Council. Officers whose powers and duties are not enumerated
in Ch. 62, Wis. Stats., shall have such powers and duties as are prescribed
by law for like officers or as are directed by the Council.
B.
All officers and departments may make the necessary
rules for the conduct of their duties and incidental proceedings.
C.
The general laws for the punishment of bribery, misdemeanors
and corruption in office shall apply to City officers.
D.
Whenever a City 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 Council has ordered
the proceedings discontinued, the Council 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.
[Amended 7-6-2005; 3-6-2017]
A.
The offices
of City Clerk and City Treasurer are hereby consolidated and the duties
of both offices shall be performed by the person appointed as City
Clerk-Treasurer. Effective with the first Tuesday in April 2008, the
Clerk-Treasurer shall be appointed by a 2/3 vote of the Common Council
upon a recommendation of the Personnel Committee. Rules governing
the selection of candidates, including qualifications, interviews,
and other pertinent information, shall be prepared by the Personnel
Committee.
B.
The Clerk-Treasurer
shall hold office for an indefinite term, subject to removal upon
recommendation of the Personnel Committee for cause and a 3/4 vote
of all the members of the Common Council, pursuant to § 17.12(1),
Wis. Stats. The appointment may be terminated by the Clerk Treasurer
upon 30 days' written notice to the Mayor and Common Council prior
to such termination.
C.
The Clerk-Treasurer
shall perform all duties of the combined offices as provided by law
and such other duties as are requested to be executed by the Common
Council.
D.
Annual recurring
audits shall be made of the records of such official, and such audit
shall be made either by a certified public accountant or by the Municipal
Accounting Division of the State Department of Revenue pursuant to
the Wisconsin Statutes, the designation to be made by the Common Council.
[Amended 7-6-2005]
The Mayor shall appoint, in even-numbered years,
a Deputy Clerk-Treasurer, subject to confirmation by a majority of
all the members of the Common Council. The Deputy Clerk-Treasurer
shall have a two-year term of office. The Deputy Clerk-Treasurer shall
act under the Clerk-Treasurer's direction and during the temporary
absence or disability of Clerk-Treasurer or during a vacancy in such
office shall perform the duties of Clerk-Treasurer. The acts of the
Deputy shall be covered by official bond as the Common Council shall
direct.
[Amended 3-6-2017]
A.
The City
Attorney shall be appointed by the Mayor, with confirmation by the
Common Council at the reorganizational meeting in April, and shall
take and hold office for a two-year term.
B.
The City
Attorney shall have the following duties:
(1)
The
Attorney shall conduct all of the law business in which the City is
interested.
(2)
He shall,
when requested by City officers, give written legal opinions, which
shall be filed with the Clerk-Treasurer.
(3)
He shall
draft ordinances, bonds and other instruments as may be required by
City officers.
(4)
He shall
examine the tax and assessment rolls and other tax proceedings and
advise the proper City officers in regard thereto.
(5)
He may
appoint an assistant, who shall have power to perform his duties and
for whose acts he shall be responsible to the City. Such assistant
shall receive no compensation from the City, unless previously provided
by ordinance.
(6)
The
City Attorney shall perform such other duties as provided by state
law and as designated by the Common Council.
C.
The Council
may employ and compensate special counsel to assist in or take charge
of any matter in which the City is interested.
D.
In an effort
to control and manage legal costs, it shall be the policy of the City
that the City Clerk-Treasurer, the Chief of Police, the Mayor, and
the Common Council President are the only officials who may consult
with the City Attorney at the expense of the City.
[Amended 7-6-2005]
A.
Appointment.
(1)
The Safety Committee may select three applicants for
the position of Chief of Police and shall recommend the same to the
Mayor.
(2)
The Chief of Police may be appointed from the three
final candidates by the Mayor and approved by a majority of the Common
Council. The Chief of Police shall serve a probationary period of
one year, unless otherwise approved for a different period by the
Common Council, or if extended for just cause by the Common Council.
During the probationary period, the Common Council may, at its option,
lay off or terminate, with or without cause, said probationary employee
without recourse to any grievance and arbitration policy covering
the employee.
(3)
The compensation to be paid the Chief of Police for
his or her services, the hours of active duty, rest days, vacation
periods and other involvement of his or her employment shall be such
as may be determined by the Common Council from time to time.
B.
General duties.
(1)
The Chief of Police shall have command of the Police
Department of the City under direction of the Mayor and Common Council.
He shall have a general administration and control of the Department
and shall be responsible for the Department's government, efficiency
and general good conduct. He shall perform all duties prescribed to
him by laws of the state and the ordinances of the City and shall
obey all lawful written orders of the Mayor or Common Council.
(2)
The Chief of Police shall cause the public peace to
be preserved and shall arrest with or without process and with reasonable
diligence take before the proper court every person found in the City
engaged in any disturbance of the peace or violating any law of the
state or ordinance of the City. He shall make a diligent effort to
know and recognize as many persons as possible in the City and shall
make a record of all suspicious persons of bad character and note
their movements, habits, associates and the premises they enter or
frequent. The Chief shall cooperate with other law enforcement officers
in the arrest or apprehension of persons charged with crime.
(3)
Whenever any emergency may warrant, the Chief with
the approval of the Mayor or Common Council may appoint as many additional
police officers as the Mayor or Council shall authorize to properly
police the City and enforce the ordinances of the City and the laws
of the state. Such police officers shall be known as "special police"
and shall continue in the employ of the City only during the existence
of the emergency or until discharged by the Mayor or Common Council.[1]
[1]
Editor's Note: Original § 2-3-6,
Transportation Superintendent, which immediately followed this section,
was repealed 7-6-2005.
[Amended 7-6-2005]
A.
A vacancy in the office of the Chief shall be filled
by appointment by a majority vote of the Common Council. All recommendations
will come from the Montello Fire Department organization through the
Safety Committee. Upon creation of a vacancy in the office of Chief,
the ranking officer shall perform the duties of the Chief until such
vacancy has been filled. This vacancy shall be filled within 30 days.
B.
The Chief shall immediately assume office after Council
confirmation and shall hold office until removed for cause after a
hearing by action of 3/4 of the members of the Common Council, unless
his services are sooner terminated by resignation or election of a
new Chief.
C.
The election of the Chief shall be held annually (first
Thursday in January) by the Montello Fire Department. No person shall
be eligible for the office of Chief whose majority of time, both day
and night, is not ordinarily spent within the City. The Chief shall
be in good standing and a member of the Department for at least five
years, have the firemen's training courses, have experience in the
Fire Department operations, be able to work cooperatively with fellow
members, and have knowledge of City and Joint Fire District budgeting
and organization.
A.
The Assessor shall be appointed by the Mayor, subject
to confirmation by the Council, and he shall serve for an indefinite
term until a successor is appointed and qualified.
B.
If a corporation is appointed, state law shall be
complied with.
C.
No person may serve as Assessor unless certified by
the Wisconsin Department of Revenue pursuant to state law as qualified
to perform the functions of Assessor.
D.
The Assessor shall make an accurate assessment of
all properties in the City of Montello subject to taxation within
the time and in the manner described in the general laws of the State
of Wisconsin. He shall make a complete list of all real estate subject
to taxation in said City, with a concise and accurate description
of each piece or parcel, giving the name of the owner, when the same
can be ascertained, and a correct statement of all personal property
subject to taxation in said City and keep the same on file in his
office, subject to inspection.
E.
The Assessor shall attend all of the meetings of the
Board of Review and furnish the members of said Board and other City
officials such information relating to his office as they may require
and shall perform such other duties and be subject to such order and
instruction in accordance with the law as the Council may from time
to time prescribe.
F.
When the Assessor increases assessed value by an amount
greater than or equal to $100, he or she shall comply with the notice
provision provided by state law.
G.
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]
The Weed Commissioner shall be appointed by
the Mayor, subject to Council 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 Clerk-Treasurer,
and shall hold office for one year. The Weed Commissioner shall hold
office pursuant to and fulfill the duties set out in state law.[1]
[1]
Editor's Note: Original § 2-3-11, Water Superintendent, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Original § 2-3-12, Building Inspector and Department of Buildings, has been moved to Ch. 36, Art. III, Building Department.
A.
The City of Montello Sewer and Water Utilities shall
be supervised by the Director of Public Works, who shall be employed
upon conditions to be fixed by the Common Council. It shall be his
duty to supervise the operation of the Utilities, carry out the lawful
orders of the Common Council and the rules, regulations and orders
of the Public Service Commission of Wisconsin, and comply with the
ordinances, rules and regulations of the City of Montello and the
applicable laws of the State of Wisconsin.
B.
He shall also have the duty of keeping the City streets
and sidewalks free from snow and obstructions, cleaned and in good
condition. It shall be his duty to examine and know the condition
of the public streets, to recommend needed repairs and construction,
to supervise and direct work ordered, required and performed by the
City on streets, and perform orders given by the Council, Committee
on Public Works or Mayor. He shall perform such other activities and
duties as are imposed upon him from time to time by the Common Council.
A.
No person shall be elected by the people to a City
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 City and, in case of
a ward office, of the ward and actually residing therein.
B.
An appointee by the Mayor, required to be confirmed
by the Council, who shall be rejected by the Council shall be ineligible
for appointment to the same office for one year thereafter.
A.
Requirement. Within five days after the election or
appointment of any City officers, the City Clerk-Treasurer shall notify
the person so selected thereof. Every person elected or appointed
to the office of Mayor or Clerk-Treasurer shall, within 10 days after
notice of election or appointment, when required, take and file the
official oath.[1]
B.
Form; procedure. The form, filing and general procedure
for the taking of oaths shall be governed by Ch. 19, Subchapter I,
Wis. Stats.
If any officer is absent or temporarily incapacitated
from any cause, the Common Council 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 § 17.23,
Wis. Stats.
Officers of the City, whether elected or appointed,
may be removed pursuant to § 17.12, Wis. Stats. Violation
of either § 946.12 or 946.13, Wis. Stats., shall constitute
cause for removal under § 17.12, Wis. Stats.
City officers must observe the standards of
care imposed by § 19.21, Wis. Stats., with respect to the
care and custody of official property.
