Village of Luck, WI
Polk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Luck 1-6-1988 as Title 2, Ch. 3, of the 1988 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Boards and commissions — See Ch. 18.
Elections — See Ch. 46.
Ethics — See Ch. 52.
Fire Department — See Ch. 64.
Police Department — See Ch. 121.
Village Board — See Ch. 170.
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. 52, 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.
[Added 2-6-2008; amended 6-3-2009]
In order to operate an efficient, productive, and responsive local government and to better ensure competent and stable administrative function throughout the local government and to provide for uniform policy administration and implementation, the Village Board of Trustees for the Village of Luck, Wisconsin, hereby creates the position of Village Administrator to be directed under the following description of employment and outline of expectations:
A. 
The office of Village Administrator is an executive office of the Village. The Village Administrator shall be appointed by the Village President, by and with the advice and consent of the Village Board, and may be removed from office by the Village President, with the consent of the Board, in accordance with all applicable Wisconsin Statutes.
B. 
The duties, responsibilities, and powers of the Village Administrator shall be as follows:
(1) 
To manage, analyze, direct, supervise, evaluate, be responsible for and coordinate all departments, divisions, and services of Village government, and all officers and employees thereof, which are under the control and jurisdiction of the Village President and Board as provided by law and to make recommendations respecting the same to the Board;
(2) 
To keep the Board fully advised as to the financial condition and needs of the Village, to be responsible for and prepare the annual estimate of revenues and expenditures for presentation to the Board prior to the passage and adoption of the annual budget, and to properly administer and supervise the execution of the same;
(3) 
To prepare and distribute the agenda and order of business for all meetings of the Village Board and to attend all scheduled meetings of the Village Board and such other meetings of the Village departments, divisions, services, boards, commissions, committees and officers as the Village Administrator's duties may require and to report at such meetings any matter concerning Village affairs within the jurisdiction and under the control of the Village Administrator;
(4) 
To prepare and keep up-to-date an inventory of all real and personal property and other public property that the Village owns or has an interest in and to act as the purchasing agent for the purchase of all supplies, goods, wares, merchandise, equipment, and material which may be required for the various departments, divisions, and services of the Village, subject to the approval of the Board;
(5) 
To administer the operation, construction, and maintenance of all Village-owned property, public ways, lands, buildings, improvements and equipment;
(6) 
To recommend to the Village President and Board the appointment, discipline, and dismissal of all department heads and subordinate employees over which the Village exercises jurisdiction and control;
(7) 
To annually prepare and recommend to the Board revisions and modifications to the wage classification and compensation plan covering Village officers and employees;
(8) 
To review the Village Code on an annual basis and make necessary recommendations for revision to the Village Board;
(9) 
To recommend to the Board for passage and adoption such measures, resolutions, and ordinances which may be deemed necessary or expedient, countersigning the same upon adoption and approval;
(10) 
To administer and coordinate all Village activities related to economic or community development, contract administration, employee recruitment and retention, grant research and administration, budgeting, planning and zoning;
(11) 
To establish and monitor all administrative procedures and guidelines related to Village business, to ensure compliance with the Village Code, as well as state and federal law, and to promote the best practices in local government according to the ICMA Code of Ethics;
(12) 
To act as Deputy Village Clerk-Treasurer, and in the absence of the Village Clerk-Treasurer the Village Administrator shall be empowered to perform all necessary duties of the Village Clerk-Treasurer; and
(13) 
To perform such other duties and exercise such powers as required by law or which may be delegated to the Village Administrator from time to time by the Village Board and to delegate any duty, responsibility or power set forth herein to other Village employees under his or her supervision and control.
C. 
In the event that the Village Administrator shall be absent from the Village or incapable of discharging such duties, responsibilities, and powers for any reason, the Village President shall act as Village Administrator during such absence or incapacity or until such time when the Board may appoint an Interim Village Administrator.
A. 
Consolidated offices. 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, 61.23 and 61.25(2), Wis. Stats., which relate to the selection and tenure of the Clerk and Treasurer and which are in conflict with this section.
B. 
Appointment. There is hereby created the office of Village Clerk-Treasurer, who shall be appointed by a majority vote of the members of the Village Board. The Village Clerk-Treasurer shall hold office for an indefinite term, subject to removal as provided by law.
C. 
Duties. The Village Clerk-Treasurer shall perform the statutory duties of Village Clerk and Treasurer and such other duties as required by the Village Board.
[1]
Editor's Note: The provisions in this section were originally adopted by charter ordinance.
The Village President may appoint a Deputy Clerk-Treasurer subject to confirmation by a majority of all the members of the Village Board. The Deputy Clerk-Treasurer shall have an indefinite term of office. The Deputy Clerk-Treasurer shall act under the Clerk-Treasurer's direction and during the temporary absence or disability of the 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 Village Board shall direct.
A. 
Appointment. The Village Attorney is an appointed position. The Village President shall at the organizational meeting in April 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. He shall:
(1) 
Conduct all of the legal business in which the Village is interested.
(2) 
When requested by Village officers, give written legal opinions, which shall be filed with the Village.
(3) 
Draft ordinances, bonds and other instruments as may be required by Village officers.
(4) 
Perform such other duties as provided by state law and as designated by the Village Board.
C. 
The Village Attorney 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.
D. 
The Village Board may employ and compensate special counsel to assist in or take charge of any matter in which the Village is interested.
A. 
Appointment.
(1) 
The Chief of Police shall be appointed by a majority vote of the members of the Village Board for an indefinite term, subject to removal by a two-thirds vote of the members of the Board, pursuant to the procedures established in § 61.65(1)(am), Wis. Stats. The Chief shall exercise the powers and duties of village marshals and village constables and any other powers and duties prescribed by the Village Board, Village ordinances or the Wisconsin Statutes. Upon a vacancy, the ranking officer shall temporarily replace the Chief until the vacancy is filled by the Village Board.
(2) 
The compensation to be paid the Chief of Police for his services, the hours of active duty, rest days, vacation periods and other involvement of his employment shall be such as may be determined by the Village Board from time to time.
B. 
General duties.
(1) 
The Chief of Police shall have command of the Police Department. He shall have 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 the laws of the state and the ordinances of the Village and shall obey all lawful written orders of the Village President or Village Board.
(2) 
The Chief of Police shall cause the public peace to be preserved and may arrest and with reasonable diligence take before the proper court every person found in the Village engaged in any disturbance of the peace or violating any law of the state or ordinance of the Village. The Chief shall cooperate with other law enforcement officers in the arrest or apprehension of persons charged with crime.
[1]
Editor's Note: See also Ch. 121, Police Department.
A. 
Appointment. The Fire Chief shall be appointed pursuant to the bylaws of the Luck Fire Department.
B. 
Powers and duties of Chief.
(1) 
The Chief shall have general supervision of the Department, subject to this chapter and the bylaws of the Department, and shall be responsible for the personnel and general efficiency of the Department.
(2) 
It shall be the duty of the Chief to preside at all meetings of the Department, to call special meetings, to preserve order, to decide all points of order that may arise and to enforce a rigid observance of this chapter and the bylaws.
(3) 
It shall be the duty of the Chief or ranking officer of the Department to be present at all fires, to have complete command of and entire responsibility for all fire-fighting operations, to plan the control of the same, to direct the action of the company when it arrives at a fire, to observe that the Department does its duty, to grant leaves of absence at a fire when he may deem it proper and to see that the fire apparatus is kept in proper condition at all times.
(4) 
He shall enforce all fire prevention ordinances of this Village and state laws and regulations pertaining to fire prevention and shall keep citizens informed on fire prevention methods and on the activities of the Department.
(5) 
He shall keep a fire record book of every fire to which the Department was called and shall enter in such book the locality of fire, time alarm was received, cause of fire, where fire started, cause of delay (if any) in responding, method of extinguishment and equipment used, amount of insurance carried on building and contents, estimated fire loss, time fire was extinguished, names of firefighters responding and general remarks.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[1]
Editor's Note: See also Ch. 64, Fire Department, and Ch. 302, Fires and Fire Prevention.
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-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.
A. 
Appointment. The Director of Public Works shall be appointed 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]
(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 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 garbage and refuse collection and disposal, 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.
D. 
Whenever the Assessor, in the performance of the Assessor's duties, requests or obtains income and expense information that is provided to the Assessor shall be held by the Assessor on a confidentiality basis, except, however, that the information may be revealed to and used by persons: in the discharging 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.
[Added 5-17-2018 by Ord. No. 18-1D]
[1]
Editor's Note: The provisions in this section were originally adopted by charter ordinance.
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 physician's assistant or, in lieu thereof, a person with training and experience in public health administration which shall meet training and experience requirements established by the State Department of Health Services. If the Health Officer is not a physician, the Village Board shall arrange for and provide in addition such services of a physician as may be necessary on either a part-time or full-time basis and provide reasonable compensation therefor. The Health Officer shall serve an indefinite term of office.
[Amended 4-11-2012]
B. 
Vacancy. If a vacancy in the position of Health Officer occurs, the Village President shall immediately appoint a person to 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 a 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 him by the Board by ordinance or resolution.
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.
A. 
Requirement. Within five days after the election or appointment of any Village officers, the Village Clerk-Treasurer shall notify the person so selected thereof. Every person elected or appointed to the office of Village President, Trustee, and Clerk-Treasurer shall, within five days after notice thereof, when required, take and file the official oath.
[Amended 4-11-2012]
B. 
Form; procedure. The form, filing and general procedure for the taking of oaths shall be governed by Ch. 19, Subchapter I, Wis. Stats.
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.
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.
Village officers must observe the standards of care imposed by § 19.21, Wis. Stats., with respect to the care and custody of official property.
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-Treasurer. Any person reelected or reappointed to the same office shall take and file an official bond for each term of service.