[HISTORY: Adopted by the Town Board of the
Town of Holland 11-10-2008 by Ord. No. 3-2008. Amendments noted where
applicable.]
A.
Elected Town officers. At the annual spring election
in even-numbered years, the Town shall elect two Supervisors. At the
annual spring election in odd-numbered years, the Town shall elect
a Chairperson and two Supervisors, and also elect the number of constables
established by the last preceding Town meeting.
B.
Appointed Town officers. The following Town officers
shall be appointed by a majority vote of all members of the Town Board:
Town Clerk, Town Treasurer, Building Inspector, Town Assessor.
C.
Restrictions.
(1)
Only an elector of the Town may hold a Town office,
other than a Building Inspector or an Assessor appointed under § 60.307,
Wis. Stats.
(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 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 Department of Revenue.
D.
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.
Term of office.
(1)
Every elected Town officer shall hold the office for
two years. The regular term of elected Town officers, other than the
Town Assessor if elected, commences on the second Tuesday of April
in the year of their election.
(2)
The term of office for appointed Town officers shall
be as follows:
|
Official
|
Term
| |
|---|---|---|
|
Town Clerk
|
1-year term, commencing May 1 following appointment
| |
|
Town Treasurer
|
1-year term, commencing May 1 following appointment
| |
|
Building Inspector
|
1-year term, commencing May 1 following appointment
| |
|
Town Assessor
|
By contract
|
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 a special
election is authorized and 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 said Judge. Persons appointed under this
subsection to fill vacancies shall hold office for the remainder of
the unexpired term.
C.
It 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 officer 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 § 19.10, Wis. Stats., within five days after notification of election or appointment.
B.
Official bond. The Town Clerk, 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.
It 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 a Deputy
Clerk or Deputy Treasurer position, such person 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.
The compensation of elective Town offices shall
be established pursuant to § 60.32, Wis. Scats.
The Town Board may provide for reimbursement
of expenses necessarily incurred by an officer or employee of the
Town in the performance of official Town duties pursuant to § 60.321,
Wis. Stats.
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.
The Town Clerk shall perform all of the duties
set forth in § 60.33, Wis. Stats.
The Town Treasurer shall perform all of the
duties set forth in § 60.34, Wis. Stats.
A.
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. Pursuant to § 60.307(2),
Wis. Stats., the Assessor shall be appointed by majority vote of the
Town Board for a term of office as determined by employment contract.
B.
Duties. The Assessor shall begin, under § 70.10,
Wis. Stats., to make an assessment of all 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.
[Amended 2-13-2023 by Ord. No. 2023-02]
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 their
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.
The office of Town Attorney is an appointed position.
The Town Attorney shall be appointed by the Town Board and shall serve
at the pleasure of the Town Board.
B.
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)
They shall, when requested by Town officers, given
written legal opinions, which shall be filed with the Town.
[Amended 2-13-2023 by Ord. No. 2023-02]
(3)
They shall draft ordinances, bonds and other instruments
as may be required by Town officers.
[Amended 2-13-2023 by Ord. No. 2023-02]
(4)
They may appoint an assistant, who shall have power
to perform their duties and for whose acts they shall be responsible
to the Town. Such assistant shall receive no compensation from the
Town, unless previously provided by ordinance.
[Amended 2-13-2023 by Ord. No. 2023-02]
(5)
The Town Attorney shall perform such other duties
as provided by state law and as designated by the Town Board.
C.
The Town Board may employ and compensate special counsel
to assist in or take charge of any matter in which the Town is interested.
[Amended 10-14-2013 by Ord. No. 8-2013]
The Town Board may employ on a temporary or permanent 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.
Town officers must observe the standards of
care imposed by § 19.21. Wis. Stats., with respect to the
care and custody of official property.
