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