Village of Argyle, WI
Lafayette County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Argyle 12-7-2005 as Title 2, Ch. 3, of the 2005 Village Code. Amendments noted where applicable.]
GENERAL REFERENCES
Administrative review — see Ch. 7.
Elections — See Ch. 26.
Ethics — See Ch. 31.
Finance and taxation — See Ch. 35.
Fire Department — See Ch. 40.
Police Department — See Ch. 96.
Village Board — See Ch. 130.
Electric service — See Ch. 263.

§ 89-1 General provisions.

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 him/her 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, subject to prior approval by the Village Board.
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 is 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 attorney's fees.

§ 89-2 Appointed officials.

A. 
The Village officials hereinafter set forth shall be appointed by the Village President, subject to confirmation by a majority vote of the Board or as otherwise prescribed, and one or more of said offices may be held by the same person. Persons appointed to perform the duties of the following offices shall hold office for an indefinite term, subject to removal as provided by § 17.12(1)(c) and (d), Wis. Stats.
Official
How Appointed
Term
Building Inspector
Village President, subject to confirmation by the Village Board
By contract
Attorney
Village President, subject to confirmation by the Village Board
Pleasure of Board
Engineer (Consulting)
Village President, subject to confirmation by the Village Board
Pleasure of Board
Chief of Police
Village President, subject to confirmation by the Village Board
Indefinite
Assessor
Village President, subject to confirmation by the Village Board
By contract
Director of Public Works
Village President, subject to confirmation by the Village Board
Indefinite
Electric Superintendent
Village President, subject to confirmation by the Village Board
Indefinite
Sewer Superintendent
Village President, subject to confirmation by the Village Board
Indefinite
Clerk-Treasurer
Village President, subject to confirmation by the Village Board
Indefinite
B. 
All confirmation votes by the Village Board shall be by simple majority vote, except that in the case of the offices of Clerk-Treasurer and Assessor, a confirmation vote by 2/3 of the Board members is required.
C. 
The Village President shall not vote on the confirmation of such appointments, except in case of a tie.

§ 89-3 Village Clerk-Treasurer.

A. 
Consolidated offices. Pursuant to §§ 61.195, 61.197 and 66.0101, Wis. Stats., the Village of Argyle hereby elects not to be governed by those portions of §§ 61.19, 61.25 and 61.26, 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 Village Clerk and Village Treasurer are hereby consolidated, and the duties of both offices shall be performed by the person appointed as Village Clerk-Treasurer by the Village President, subject to confirmation by the Village Board (Charter Ordinance).
B. 
Term. The appointed Village Clerk-Treasurer shall hold office for an indefinite term, subject to removal as provided in § 17.13, Wis. Stats.
C. 
Audits. Annual audits shall be made of the records of the Clerk-Treasurer with the audit to be made by a certified public accountant.
D. 
Duties as Clerk. In his/her capacity as Village Clerk, the Village Clerk-Treasurer shall be responsible for performing those duties required by the Wisconsin Statutes and for the following additional duties:
(1) 
Perform all election duties as required by Wisconsin Statutes and keep and maintain all election records and all property used in conjunction with holding of elections;
(2) 
Publish all legal notices unless otherwise provided; file and preserve all contracts, bonds, oaths of office and other documents not required to be filed elsewhere;
(3) 
Issue all licenses required by ordinance or statute except as otherwise provided;
(4) 
Attend meetings, take minutes and maintain files for the Village Board, and such other official boards and commissions as may be directed;
(5) 
Maintain a file on all Village records, ordinances, resolutions and vouchers;
(6) 
Type and distribute reports for the Village Board and for federal and state agencies;
(7) 
Audit and obtain approval on claims charged against the Village;
(8) 
Assist the Assessor in maintaining property assessment records;
(9) 
Administer oaths and affirmations;
(10) 
Issue licenses to various vendors in the Village;
(11) 
Develop and implement improved internal control and financial reporting procedures as necessary or as requested;
(12) 
File financial and other reports with various state agencies;
(13) 
File insurance claims on behalf of the Village;
(14) 
Locate suppliers of goods or services and obtain quotes;
(15) 
Advertise for bids, receive them and summarize the results;
(16) 
Identify and evaluate ideas to achieve more efficient and effective operation;
(17) 
Coordinate, supervise and conduct elections;
(18) 
Confer with the Village President, department heads and Village Board committees about projects and problems; and
(19) 
Maintain personnel files under the direction of the Village Board.
E. 
Duties as Treasurer. In his/her capacity as Village Treasurer, the Village Clerk-Treasurer shall be responsible for performing those duties required by the Wisconsin Statutes and for the following additional duties:
(1) 
Prepare the tax roll and tax notices required by the State of Wisconsin;
(2) 
Prepare financial and bank statements;
(3) 
Maintain fiscal records for the Village;
(4) 
Make reports to the state on assessments;
(5) 
Prepare and send invoices for services provided by municipal utilities;
(6) 
Perform recordkeeping, billing, collections, banking, investments, accounting and financial reporting of all Village operations, including utilities;
(7) 
Collect all taxes for the Village and other taxing bodies;
(8) 
Invest idle funds for maximum interest earnings;
(9) 
Prepare monthly financial report;
(10) 
Maintain payroll records and prepare payroll checks from approved employee time sheets; and
(11) 
Prepare check vouchers for payment of approved claims for signature.
F. 
Duties prescribed by law. The Clerk-Treasurer shall perform such other duties as are prescribed by state statutes, Village ordinances, and by order of the Village Board. The Clerk-Treasurer generally shall perform, under direction of the Village President or other presiding officer of the Board, all duties pertaining to his/her office of Clerk-Treasurer, and shall be responsible for all the official acts of assistants.
G. 
Bond. The Clerk-Treasurer shall execute to the Village a surety company fidelity bond in an amount determined by the Village Board.

§ 89-4 Deputy Clerk-Treasurer.

The Clerk-Treasurer may appoint a Deputy Clerk-Treasurer(s), subject to confirmation by a majority of all the members of the Village Board. The Deputy Clerk-Treasurer(s) shall have an indefinite term of office. The Deputy Clerk-Treasurer(s) shall act under the Village Clerk-Treasurer's direction and, during the temporary absence or disability of the Village Clerk-Treasurer or during a vacancy in such office, shall perform the duties of Village Clerk-Treasurer. The acts of the Deputy(ies) shall be covered by official bond as the Village Board shall direct.

§ 89-5 Village Attorney.

A. 
Appointment. The Village Attorney is an appointed position. The Village Attorney shall be appointed pursuant to § 89-2, except the Village Attorney shall serve at the pleasure of the 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 Board may employ and compensate special counsel to assist in or take charge of any matter in which the Village is interested.
(6) 
The Village Attorney shall perform such other duties as provided by state law and as designated by the Village Board.

§ 89-6 Chief of Police.

A. 
Appointment. The Chief of Police shall be appointed pursuant to § 89-2. The Chief shall exercise the powers and duties of the Village Marshals and Village Constables and any other powers and duties as provided from time to time by the Village Board.
B. 
General duties.
(1) 
The Chief of Police shall have command of the Police Department, subject to the policies and directives established by the Village Board. The Chief of Police shall have general administration and control of the Department and shall be responsible for the Department's government, efficiency and general good conduct. The Chief of Police shall perform all duties prescribed to him/her by the laws of the state and the ordinances of the Village and shall obey all lawful orders of the Village Board or appropriate committee thereof.
(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. The Chief of Police shall see that all laws and ordinances of the Village and state are enforced. Whenever any violation thereof shall come to his/her knowledge, he/she shall cause the requisite complaint to be made and see that the evidence is procured for the successful prosecution of the offender or offenders. The Chief of Police shall exercise supervisory control over all the personnel of his/her department and may adopt, subject to the approval of the Village Board, rules and regulations for the government, discipline, equipment and uniforms of the police officers. The Chief of Police shall be solely responsible for the care and condition of the equipment used by his/her department. The Chief of Police shall keep an accurate and complete record of all complaints, arrests, traffic violations, convictions and dispositions of the Department.

§ 89-7 Fire Chief; Fire Department officers.

A. 
Appointment. The Fire Chief shall assume office pursuant to the bylaws of the Fire Department. He/she shall be the Village Fire Inspector by virtue of his/her office.
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) 
He/she 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.

§ 89-8 Director of Public Works.

A. 
Appointment. The Director of Public Works shall be appointed pursuant to § 89-2. Generally, the Village Board shall maintain, service, inspect and/or repair all Village public works equipment, and property, including street equipment, streets and street rights-of-way, Village parks, Village buildings and other items as determined by the Village Board.
B. 
Duties and powers. The Director of Public Works shall have the following duties and powers:
(1) 
General duties.
(a) 
He/she shall have general charge and supervision of certain public works in the Village.
(b) 
He/she shall be responsible for the maintenance, repair and construction of parks, streets, alleys, curbs and gutters, sidewalks, bridges, street signs, Village buildings and structures and all related machinery, equipment and property used in such activity.
(c) 
He/she shall have charge of certain public services, including snow and ice removal, street cleaning, flushing, water services, and street maintenance.
(d) 
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.
(2) 
Maintain, clean and repair streets and roads. The Director of Public Works shall:
(a) 
Plow and remove snow as needed.
(b) 
Clean and sweep streets.
(c) 
Repair streets and roads with proper materials as needed.
(d) 
Mow grass as needed.
(e) 
Assess street repair and replacement needs as directed by the Board.
(3) 
Maintain Village buildings and equipment. The Director of Public Works shall:
(a) 
Clean, maintain, paint and service Village buildings as needed and as directed by the Board.
(b) 
Keep buildings in safe condition to meet all state and local building and safety code requirements.
(c) 
Maintain and service all Village vehicles and machinery as needed and as directed by the Board.

§ 89-9 Electric Superintendent.

A. 
Appointment. The Electric Superintendent shall be appointed pursuant to § 89-2.
B. 
Duties and powers. The Electric Superintendent shall be responsible for the operation, maintenance and repair of the Village Electric Utility's machinery, equipment and property. He/she shall perform such other duties as are imposed upon him/her by the Village Board (or appropriate committee thereof), his/her job description or employment contract.

§ 89-10 Sewer Superintendent.

A. 
Appointment. The Sewer Superintendent shall be appointed pursuant to § 89-2.
B. 
Duties and powers. The Sewer Superintendent shall be responsible for the maintenance and repair of the sanitary sewer system. He/she shall perform such other duties as are imposed upon him/her by the Village Board (or appropriate committee thereof), his/her job description or employment contract.

§ 89-11 Assessor.

A. 
Pursuant to §§ 61.195, 61.197 and 66.0101, Wis. Stats., the Village of Argyle 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. 
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. Said person so appointed to perform the duties of such office shall have a one-year term and shall serve as determined by contract. 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.

§ 89-12 Building Inspector; Plumbing Inspector; Heating, Ventilating and Air Conditioning Inspector; Electrical Inspector.

A. 
Appointment.
(1) 
Inspectors shall be appointed pursuant to § 89-2. The Village may select the services of an inspection firm or independent contractor.
(2) 
Each inspector shall:
(a) 
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;
(b) 
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;
(c) 
Have sufficient experience in the installation of equipment to enable him/her to understand and apply the appropriate codes adopted by the Village of Argyle;
(d) 
Be certified in his/her area of inspection responsibilities in the required categories specified under Ch. SPS 305, Wis. Adm. Code.
B. 
Authority to enter premises; appeals.
(1) 
In the discharge of their 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 duties, and any person so interfering shall be in violation of this section and subject to a penalty as provided by § 1-2.
(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.
(3) 
Any person feeling himself/herself aggrieved by any order or ruling of an inspector may, within 20 days thereafter, appeal from such order or ruling to the Board of Appeals, as established in the Zoning Code,[1] such an appeal to be in writing.
[1]
Editor's Note: See Ch. 715, Art. XIV, Appeals.
C. 
Duties and authority. The Building Inspector shall have such responsibilities as are prescribed in this section and Chapters 190, 234, 279, 350 and 465 of this Code.
D. 
Stop-work orders and revocations. The Building 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 if the stop-work order is an oral one it shall be followed by a written order within a reasonable period of time.
E. 
Conflict of interest. No inspector shall inspect any construction work in the Village in which the inspector has a personal or financial interest, either direct or indirect.

§ 89-13 Eligibility for office.

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.

§ 89-14 Oaths of office.

A. 
Oath of office. Every officer of the Village, including members of Village boards and commissions, shall, before entering upon his/her duties and within five days of his/her election or appointment or notice thereof, take the oath of office prescribed by law and file such oath in the office of the Village Clerk-Treasurer. Any person reelected or reappointed to the same office shall take and file an official oath for each term of service.
B. 
Form, procedure. The form, filing and general procedure for the taking of oaths shall be governed by Ch. 19, Subchapter I, Wis. Stats.

§ 89-15 Vacancies.

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 be 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.

§ 89-16 Removal from office.

A. 
Elected officials. Elected officials may be removed by the Village Board as provided in §§ 17.12(1)(a) and 17.16, Wis. Stats.
B. 
Appointed officials. Appointed officials may be removed as provided in §§ 17.12(1)(c) and 17.16, Wis. Stats.

§ 89-17 Custody of official property.

Village officers must observe the standards of care imposed by § 19.21, Wis. Stats., with respect to the care and custody of official property.