[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.]
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.
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.
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]
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.
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.
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.
