[HISTORY: Adopted by the Village Board of the Village of
Kimberly 10-3-1988 as Secs. 2-3-1 to 2-3-4, 2-3-7 to 2-3-10 and 2-3-13
to 2-3-20 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.
C.
Applicability of ethics statutes. The general laws for the punishment
of bribery, misdemeanors and corruption in office shall apply to Village
officers.
D.
Legal representation. Whenever a Village official in his/her official
capacity is proceeded against or obliged to proceed before any civil
court, board or commission to defend or maintain his/her official
position, or because of some act arising out of the performance of
his/her official duties, and he/she 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/her for the expenses reasonably incurred for
costs and attorneys' fees.
A.
Appointment of Clerk-Treasurer.
(1)
Pursuant to §§ 61.195, 61.197 and 66.0101, Wis. Stats.,
the Village of Kimberly 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. The offices of Clerk
and Treasurer are herewith combined, and the individual holding the
same shall be known as the Clerk-Treasurer and shall perform the duties
as the Village Board may direct.
(2)
The Village Clerk-Treasurer shall be appointed by the Village President,
subject to confirmation by a majority vote of the members-elect of
the Village Board. The President shall not have a vote on such confirmation.
(3)
The individual appointed to the office of Village Clerk-Treasurer
need not be a resident of the Village of Kimberly, but the Board may
require as one of the conditions of his/her appointment that such
residency be established within a reasonable time.
(4)
The President may appoint, subject to confirmation by a majority
of the Village Board, three or more reputable citizens of the State
of Wisconsin to investigate the qualifications of candidates for the
office of Clerk-Treasurer and recommend one or more for appointment
to the office, but the President and the Board do not need to accept
such recommendation. The Board may adopt rules and procedures to be
followed by the investigators in making and reporting the results
of their investigation.
(5)
The Village Clerk-Treasurer shall hold office for an indefinite term
subject to removal at any time by a two-thirds vote of the Village
Board. The Village President shall have the right to vote as though
he/she were a member of the Board for or against removal.
(6)
The compensation to be paid the Village Clerk-Treasurer shall be
fixed annually by the Village Board and paid at the established payroll
periods of the Village.
(7)
Annual audits and such other audits as the Village Board may direct
from time to time of the records of the Village Clerk-Treasurer shall
be made either by a certified public accountant or the State Department
of Revenue pursuant to § 73.03, Wis. Stats., the designation
to be made by the Village Board.
B.
Office of Village Administrator. To provide the Village with a more
efficient, effective and responsible government under a government
system of a part-time Village President and Village Board, there is
hereby created the office of Village Administrator. The individual
holding the office of Village Administrator-Treasurer may also serve
in the capacity of the combined position of Village Administrator/Village
Clerk-Treasurer according to the directives of the Village Board.
C.
Appointment. The Village Administrator shall be responsible to the Village Board and shall be hired by the Board, pursuant to the procedures of Subsection A, upon such terms and conditions as determined by the Board. He/she will receive such salary as is prescribed and set by the Village Board. He/she shall have an indefinite term of office.
D.
Functions and duties. The Village Administrator shall serve as the
chief administrative officer of the Village and shall be responsible
to the Village President and Village Board for the daily administration
of all business affairs of the Village with the powers and duties
as follows:
(1)
The duties and responsibilities of the Village Administrator include
directing the effective and efficient performance of all Village employees
and coordinating and expediting all Village services, functions and
programs.
(2)
The Village Administrator shall carry out all directives approved
by the Village Board which require administrative implementation through
the active direction and coordination of the various Village departments.
(3)
The Village Administrator shall be responsible for directing, coordinating
and expediting the activities of all Village departments, except for
such authority vested by Wisconsin Statutes in certain boards and
commissions.[2]
(4)
The Village Administrator shall be at all times responsible to the
Village President and Village Board and shall be responsible for effectuating
all actions of the same which require administrative implementation
or where the Village President and Village Board have directed him/her
to act.
(5)
The Village Administrator shall be responsible for the administration
of all day-to-day operations and services provided by the Village
government, including supervision of all departments in the monitoring
and enforcement of all Village ordinances, resolutions, state statutes
and Board directives.
(6)
The Village Administrator shall establish and implement administrative
procedures to increase the effectiveness and efficiency of the Village
government which are fully consistent with approved policies established
by the Village Board.
(7)
The Village Administrator shall keep informed concerning current
federal, state and county legislation and administrative rules affecting
the Village and submit appropriate reports and recommendations thereon
to the Village Board.
(8)
The Village Administrator shall represent the Village in matters
involving legislative and intergovernmental affairs as required.
(9)
The Village Administrator shall submit, as deemed necessary, recommendations
or suggestions for improving the health, safety or welfare of the
Village and shall institute and operate a system whereby Village departments,
as well as persons having business with the Village President and/or
Village Board or any Village department, may properly and efficiently
conduct such business.
(10)
The Village Administrator shall establish and maintain procedures
to facilitate communication between citizens and Village government
to assure that complaints, grievances, recommendations and other matters
receive prompt attention and to assure that all such matters are expeditiously
resolved.
(11)
The Village Administrator shall promote the economic well-being
and growth of the Village through public and private sector cooperation.
(12)
The Village Administrator shall keep the Village President and
Village Board informed about activities of the Village departments
through oral or written reports.
(13)
The Village Administrator shall serve as the Village's
Personnel Officer, which shall include the development, implementation,
interpretation and enforcement of the Village's personnel rules and
regulations as approved by the Village Board. This includes recommending
revisions to Village personnel policies when necessary. In addition,
the Administrator shall recommend salary and wage scales for all Village
employees not covered by collective bargaining agreements and direct
and oversee the process where personnel problems and/or grievances
are promptly resolved.
(14)
The Village Administrator shall direct and oversee the Village's
Purchasing Policy as approved by the Village Board.
(15)
The Village Administrator shall administer the payroll and maintain
accurate and complete official employment records for all Village
employees.
(16)
When directed to serve in this capacity by the Village Board pursuant to Subsection B, the Village Administrator shall serve as Village Treasurer and be responsible for the duties of the Treasurer as set forth in § 61.26, Wis. Stats., and administer the receipts, deposits and appropriate investment of all moneys received by the Village, and may draw and countersign all orders on the Village treasury.
[1]
Editor's Note: This section was originally adopted by charter
ordinance.
A.
Appointment.
(1)
The Village President may appoint a Deputy Clerk-Treasurer(s), subject
to confirmation by a majority of all the members of the Village Board.
The President shall not have a vote on such confirmation. The Deputy
Clerk-Treasurer(s) shall have an indefinite term of office. The individual
appointed to the office of Deputy Clerk-Treasurer(s) need not be a
resident of the Village of Kimberly, but the Board may require as
one of the conditions of his/her appointment that such residency be
established within a reasonable time.
(2)
The Village President may appoint, subject to confirmation by a majority
of the Village Board, three or more reputable citizens of the State
of Wisconsin to investigate the qualifications of candidates for the
office and recommend one or more for appointment to the office, but
the President and the Board do not need to accept such recommendation.
The Board may adopt rules and procedures to be followed by the investigators
in making and reporting the results of their investigation.
B.
The individual holding the office of Deputy Village Clerk-Treasurer
need not devote his/her full time to the duties of the office unless,
when appointed, such requirement shall have been made a condition
of his/her appointment by the Village Board.
C.
The compensation to be paid the Deputy Clerk-Treasurer(s) shall be
fixed annually by the Village Board and paid at the established payroll
periods of the Village.
D.
The Deputy Clerk-Treasurer shall act under the Village Administrator's
direction and, during the temporary absence or disability of the Village
Administrator or during a vacancy in such office, shall perform the
duties of Village Administrator. 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:
(1)
The Village Attorney shall conduct all of the legal business in which
the Village is interested.
(2)
He/she shall, when requested by Village officers, give written legal
opinions, which shall be filed with the Village.
(3)
He/she shall draft ordinances, bonds and other instruments as may
be required by Village officers.
(4)
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
Village. Such assistant shall receive no compensation from the Village,
unless previously provided by ordinance.
(5)
The Village Attorney shall perform such other duties as provided
by state law and as designated by the Village Board.
C.
The Village
Board may employ and compensate special counsel to assist in or take
charge of any matter in which the Village is interested.
The Weed Commissioner shall be appointed at the annual organizational
meeting 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/her appointment. The Weed Commissioner
shall take the official oath, which oath shall be filed in the office
of the Village Administrator, 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 Street Commissioner shall be appointed by the Village
President, subject to confirmation by a majority vote of the Village
Board, 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 Street Commissioner shall have an indefinite term of office.
C.
Duties and powers. The Street Commissioner shall have the following
duties and powers:
(1)
He/she shall have general charge and supervision of all public works
in the Village.
(2)
He/she shall 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/her control.
(3)
He/she shall have charge of all public services, including garbage
and refuse collection and disposal, snow and ice removal, street cleaning
and flushing, mosquito and rodent control.
(4)
He/she shall perform such other activities and duties as are imposed
upon him/her from time to time by the Village Board, his/her job description
or employment contract.
The Health Officer of the County of Outagamie functions as the
health officer for the Village.
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, 61.23 and 61.25(2), 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. The
Village President shall not have a vote on such confirmation. 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/she 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.
The individual holding the office of Village Assessor shall devote
his/her full time to the duties of the office and the other duties
prescribed for him/her by the Village Board unless the Village Board
shall direct otherwise.
E.
The compensation to be paid the Village Assessor shall be fixed by
the Village Board and paid at the established payroll periods of the
Village.
[1]
Editor's Note: This section was originally adopted by charter
ordinance.
A.
Qualifications.
(1)
There are created the positions of Building Inspector; Electrical
Inspector; Heating, Ventilating and Air Conditioning (HVAC) Inspector;
and Plumbing Inspector.
(2)
Each Inspector shall:
(a)
Be of good moral character;
(b)
Possess such executive ability as is requisite for the performance
of his/her duties and shall have a thorough knowledge of the standard
materials and methods used in the installation of equipment in his/her
area of responsibility;
(c)
Be well versed in approved methods of construction for safety
to persons and property, the statutes of the State of Wisconsin relating
to work in his/her area of responsibility, and any orders, rules and
regulations issued by authority thereof;
(d)
Have sufficient experience in the installation of equipment
to enable him/her to understand and apply the appropriate codes adopted
by the Village of Kimberly.
(3)
Certification.
(a)
Each Inspector shall be certified by the State of Wisconsin
in his/her area of responsibility;
(b)
The Building Inspector shall be certified by the Wisconsin Department
of Safety and Professional Services to administer and enforce all
the provisions of the Wisconsin Uniform Dwelling Code.
(c)
The Electrical Inspector and his/her assistant inspectors shall
be certified by the State of Wisconsin as electrical inspectors.
(d)
All required certification fees and certification training as
authorized by the Village Board shall be paid for by the Village and
shall be included in each Inspector's budget as a separate item.
B.
Appointment and general powers.
(1)
The Village President shall annually appoint, at the Board's
organizational meeting, a Plumbing Inspector, Electrical Inspector,
HVAC Inspector and Building Inspector, subject to confirmation by
a majority of the members of the Village Board.
(2)
Each Inspector shall enforce the provisions of this Code and all
other ordinances and laws and orders of the State of Wisconsin which
relate to building construction, plumbing, HVAC and electrical installations,
subject to the respective authority of each Inspector as set forth
in this section and other chapters of the Village Code.
(3)
For the purposes described above, each Inspector may, at all reasonable
times, enter buildings and premises. Inspectors may pass upon any
questions arising under the provisions of this Code of Ordinances
relating to their areas of responsibility. No person shall interfere
with an Inspector while in the performance of his/her official duties.
(4)
Any person feeling himself aggrieved by any order or ruling of an
Inspector may, within 30 days thereafter, appeal from such order or
ruling to the Board of Appeals, as established in the Zoning Code,
such an appeal to be in writing.[1]
(5)
Each Inspector shall be subject to removal from office during his/her
term for cause after a hearing by the Village Board.
C.
May employ additional assistants. Each Inspector may employ, subject
to approval of the Village Board, any assistant inspectors and clerical
assistants necessary for the proper conduct of his/her office and
the inspection of installations in his/her area of responsibility.
Such assistants shall be compensated as authorized by the Village
Board.[2]
D.
Authority to enter premises.
(1)
In the discharge of his respective duties, each Inspector under this section or his/her authorized agent may enter any building, upon presentation of the proper credentials, during reasonable hours for the purpose of inspection and may require the production of any permit or license required hereunder. No person shall interfere with the Inspector or his/her authorized agent while in the performance of his/her duties, and any person so interfering shall be in violation of this section and subject to a penalty as provided by § 1-4 of this Code.
(2)
If consent to entry to personal or real properties which are not
public buildings or to portions of public buildings which are not
open to the public for inspection purposes has been denied, the Inspector
shall obtain a special inspection warrant under § 66.0119,
Wis. Stats.
E.
Duties and authority.
(1)
Building Inspector. The Building Inspector shall have such duties as are prescribed in this section and Chapter 207 of this Code.
(2)
Electrical Inspector. In addition to such duties as are prescribed in Chapter 207 of this Code, the Electrical Inspector may, during reasonable hours, enter any building or premises in the discharge of his/her official duties or for the purpose of making any inspection, reinspection or test of the electrical equipment contained therein or its installation. When any electrical equipment is found by the Electrical Inspector to be dangerous to persons or property because it is defective or defectively installed, the person responsible for the electrical equipment shall be notified in writing and shall make any changes to place such equipment in a safe condition, and if such work is not started as soon as possible and not completed within 15 days or any longer period that may be specified by the Electrical Inspector in such notice, the Electrical Inspector may disconnect or order the discontinuance of electrical service to such electrical equipment. In cases of emergency where necessary for safety to persons or property or where electrical equipment may interfere with the work of the Fire Department, the Electrical Inspector may disconnect or cause the disconnection immediately of any electrical equipment.
(3)
HVAC Inspector. In addition to such duties as are prescribed in Chapter 207 of this Code, the HVAC Inspector shall enforce all state and Village provisions relating to the construction, installation, alteration and repair of all HVAC equipment and facilities within the Village and shall make such inspections, perform such tests and issue such orders as may be necessary for such enforcement.
(4)
Plumbing Inspector. In addition to such duties as are prescribed in Chapter 207 of this Code, the Plumbing Inspector shall enforce all state and Village provisions relating to the construction, installation, alteration and repair of all plumbing within the Village and shall make such inspections, perform such tests and issue such orders as may be necessary for such enforcement.
F.
Records.
(1)
Inspectors shall keep a record of all applications for permits and
regularly number each permit in the order of issuance. They shall
keep a record showing the number, description and size of all buildings
erected during their terms of office, indicating the kind of materials
used, the cost of each project and the aggregate cost of all buildings
and the various classes. They shall keep a record of all inspections
made and a record of all fees collected by them, showing the date
of their receipt and transfer to the Village Administrator.
(2)
The Plumbing Inspector shall make such reports to the Wisconsin Department
of Safety and Professional Services as are required under § 145.04(3),
Wis. Stats.
(3)
The Plumbing Inspector shall keep a record of all sewer and water
connections and shall make maps showing the locations of the same
and the positions of all house drains, connections, junctions and
other data necessary for the efficient operation of his/her office.
G.
Stop-work orders and revocations. Each Inspector may order construction,
installation, alteration or repair work stopped when such work is
being done in violation of this Code. Work so stopped shall not be
resumed, except with written permission of the Inspector, provided
that, if the stop-work order is an oral one, it shall be followed
by a written order within a reasonable period of time.
A.
No person shall be elected by the people to a Village office who
is not at the time of his/her 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 requiring 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 officer, the Village Administrator shall notify the person
so selected thereof. Every person elected or appointed to the office
of Village President, Trustee or Administrator shall within five days
after notice thereof, 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, Subch. 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/her duties until he/she 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/her 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/her office. Official bonds shall
be filed with the office of the Village Administrator. Any person
reelected or reappointed to the same office shall take and file an
official bond for each term of service.[1]
