[HISTORY: Adopted by the Town Board of the Town of Holland 11-10-2008 by Ord. No. 3-2008. Amendments noted where applicable.]
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.
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.
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.
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. It 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.
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.
Term of office.
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.
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.
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.
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.
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.
Exceptions. If the Town reverts to a system of electing an Assessor and/or creates a Municipal Court:
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.
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.
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.
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 his or her appointment. The Weed Commissioner shall lake 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.
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.
The Town Attorney shall have the following duties:
The Attorney shall conduct all of the law business in which the Town is interested.
He/she shall, when requested by Town officers, given written legal opinions, which shall be filed with the Town.
He/she shall draft ordinances, bonds and other instruments as may be required by Town officers.
He/she may appoint an assistant, who shall have power to perform his/her duties and for whose acts he/she shall be responsible to the Town. Such assistant shall receive no compensation from the Town, unless previously provided by ordinance.
The Town Attorney shall perform such other duties as provided by state law and as designated by the Town Board.
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.