Town of Oconomowoc, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Oconomowoc as Secs. 1.01 to 1.10 of the 1986 Town Code. Amendments noted where applicable.]
GENERAL REFERENCES
Town Board — See Ch. 66.
[Amended 10-25-1988; 11-6-2000]
There shall be a Town Board consisting of five members with numbered seats. The Town Chairman and the two Supervisors presently serving on the Town Board shall be designated on all future ballots and shall serve as a Chairperson, Supervisory Seat Number 2 and Supervisory Seat Number 4. The two Supervisors to be elected to create a five-man Board shall be elected to supervisory seats numbered 1 and 3. The Supervisors elected to seats numbered 1 and 3 shall be elected to one-year terms at the regular spring election of 1989 and thereafter shall be elected to two-year terms. The election of the Chairperson and of those persons presently serving in seats numbered 2 and 4 shall take place at the regular spring election of 1989. Thereafter, each election shall be for two-year terms so that elections occur in both odd-numbered and even-numbered years.
[Amended 9-9-1998; 11-6-2000; 2-2-2015 by Ord. No. 2015-3]
Appointed officials of the Town shall be the following, who shall be appointed by the Town Chairman, subject to confirmation by the Town Board, for a term of not more than three years, unless a lesser term is specified, except for the office of Assessor. The Town Chairman shall not vote on confirmation except in case of a tie. The Town Assessor shall be appointed by the Town Board on the basis of merit, experience and general qualifications for a term not to exceed three years.
A. 
Assessor.
B. 
Attorney.
C. 
Building Inspector.
D. 
Clerk/Treasurer.
E. 
Emergency Government Director.
F. 
Engineer.
G. 
Police Chief.
H. 
Superintendent of Highways.
[Added 9-9-1998]
A. 
Offices combined. Section 60.10(1)(b)2, Wis. Stats., provides that the town meeting may combine the offices of Town Clerk and Town Treasurer under § 60.305(1), Wis. Stats.; and § 60.10(1)(b)2m, Wis. Stats., provides that in a town with a population of 2,500 or more, the town meeting may provide for the appointment by the Town Board of the combined offices of Town Clerk and Town Treasurer under § 60.305(1). The town meeting of the electors held April 9, 1996, by resolution, combined the offices of Town Clerk and Town Treasurer and provided that the combined offices shall be filled by appointment at a level of compensation to be set by the Board. The combining of the Town Clerk and Town Treasurer offices is to become effective on the latest expiration date of the current term of the Clerk or Treasurer, which date is April 8, 1997.
B. 
Title. This section is entitled the "Town of Oconomowoc Town Clerk/Treasurer Ordinance."
C. 
Authority. The Town Clerk and the Town Treasurer of the Town of Oconomowoc, now combined offices, have specific statutory authority, powers and duties, pursuant to §§ 60.10, 60.15, 60.33, 60.331, 60.22, 60.34 and 60.341, Wis. Stats., to manage and direct certain affairs of the Town of Oconomowoc. In addition, the Town Clerk/Treasurer of the Town of Oconomowoc has certain additional general and specific statutory authority powers and duties beyond Ch. 60, Wis. Stats., and certain statutory authority, powers and duties with authorization of the town meeting.
D. 
Effect of section. The Town Board of the Town of Oconomowoc has, by adoption of this section, confirmed the specific statutory authority, powers and duties of the Town Clerk/Treasurer of the Town of Oconomowoc noted above in Ch. 60, Wis. Stats., and has established, pursuant to the above-noted chapter, in this section other statutory authority, powers and duties of the Town Clerk/Treasurer of the Town of Oconomowoc to manage and direct certain affairs of the Town of Oconomowoc. When reference is to "Clerk" or "Treasurer," it shall mean the combined offices of Town Clerk and Town Treasurer.
E. 
General statutory authority, powers and duties as to the office of Town Clerk in Ch. 60, Wis. Stats.
(1) 
Clerk of town meeting. The Town Clerk of the Town of Oconomowoc shall serve as Clerk of the Town of Oconomowoc Town meetings pursuant to § 60.15, Wis. Stats.
(2) 
Clerk of Town Board.
(a) 
The Town Clerk of the Town of Oconomowoc shall serve as Clerk of the Town Board of the Town of Oconomowoc, shall attend all meetings of the Town Board of the Town of Oconomowoc and shall keep a full record of its proceedings.
(b) 
The Town Clerk of the Town of Oconomowoc shall file all accounts approved by the Town Board of the Town of Oconomowoc or allowed at the Town of Oconomowoc Town meetings and enter a statement of the accounts in the record books of the Town of Oconomowoc.
(c) 
The Town Clerk of the Town of Oconomowoc shall file with the Town Board of the Town of Oconomowoc claims approved by the Town Clerk, as required under § 60.44(2)(c), Wis. Stats.
(3) 
Finance book. The Town Clerk of the Town of Oconomowoc shall maintain a finance book, which shall contain a complete record of the finances of the Town of Oconomowoc showing receipts, with the date, amount and source of each receipt; the disbursements, with the date, amount and object of each disbursement; and any other information relating to the Town of Oconomowoc finances prescribed by the Town Board of the Town of Oconomowoc.
(4) 
Elections, appointments and notices.
(a) 
The Town Clerk of the Town of Oconomowoc shall perform the duties required by Chs. 5, 10 and 12, Wis. Stats., relating to elections and notices.
(b) 
The Town Clerk of the Town of Oconomowoc shall transmit to the County Clerk, within 10 days after election or appointment and qualification of any Town Supervisor, Treasurer, Assessor or Clerk, a written notice stating the name and post office address of the elected or appointed officer. The Town Clerk shall promptly notify the County Clerk of any subsequent changes in such offices.
(c) 
The Town Clerk of the Town of Oconomowoc shall transmit to the Clerk of Circuit Court, immediately after the election or appointment of any Town Constable or Municipal Judge in the Town of Oconomowoc, a written notice stating the name of the Town Constable or Municipal Judge and the term for which elected or appointed. If the Municipal Judge or Town Constable was elected or appointed to fill a vacancy in the office, the Town Clerk shall include in the notice the name of the incumbent who vacated the office.
(5) 
Sale of real property. The Town Clerk of the Town of Oconomowoc shall execute the conveyance of real property of the Town of Oconomowoc.
(6) 
Notices.
(a) 
The Town Clerk of the Town of Oconomowoc shall publish or post ordinances and resolutions as required under § 60.80, Wis. Stats.
(b) 
The Town Clerk of the Town of Oconomowoc shall give notice of Town of Oconomowoc annual and special Town meetings as required under § 60.11(5) and § 60.12(3), Wis. Stats.
(7) 
Records.
(a) 
The Town Clerk of the Town of Oconomowoc shall comply with Subch. II of Ch. 19, Wis. Stats., concerning any record of which the Town Clerk is legal custodian.
(b) 
The Town Clerk of the Town of Oconomowoc shall demand and obtain the official books and papers of any Municipal Judge if the office becomes vacant and the Municipal Judge's successor is not elected or appointed and qualified, or if any Municipal Judge dies. The Town Clerk shall dispose of the books and papers as required by law.
(8) 
Licenses. The Town Clerk of the Town of Oconomowoc shall issue any license or permit granted by the Town Board of the Town of Oconomowoc when presented with a receipt from the Town Treasurer indicating that any required fee has been paid.
(9) 
Schools.
(a) 
The Town Clerk of the Town of Oconomowoc shall perform the Town Clerk's duties under Chs. 115 and 121, Wis. Stats., relating to public instruction.
(b) 
The Town Clerk of the Town of Oconomowoc shall, within 10 days after the Town Clerk's election or appointment, report his or her name and post office address to the administrator of each cooperative educational service agency which contains any portion of the Town of Oconomowoc. The Town Clerk shall report to the administrator the name and post office address of each school district clerk within 10 days after the name and address is filed in the Town Clerk's office.
(c) 
The Town Clerk of the Town of Oconomowoc shall make and keep in the Town Clerk's office a map of the Town of Oconomowoc showing the exact boundaries of school districts within the Town of Oconomowoc.
(d) 
The Town Clerk of the Town of Oconomowoc shall apportion, as provided by law, tax revenues collected by the Town of Oconomowoc for schools.
(10) 
Highways and bridges. The Town Clerk of the Town of Oconomowoc shall perform the duties specified in Chs. 82 and 92, Wis. Stats., relating to highways, bridges and drains.
(11) 
Notice of property tax revenue. The Town Clerk of the Town of Oconomowoc shall notify the County Treasurer in which the Town of Oconomowoc is located, by March 15, of the proportion of property tax revenue and of the credits under § 79.10, Wis. Stats., that is to be disbursed by the County Treasurer to each taxing jurisdiction located in the Town of Oconomowoc.
F. 
Other statutory authority, powers and duties of Town Clerk.
(1) 
Animal disturbance. The Town Clerk of the Town of Oconomowoc shall file the appropriate notice under § 172.03, Wis. Stats., with the County Clerk relating to animals running at large.
(2) 
Municipal court records. The Town Clerk of the Town of Oconomowoc shall receive the Town of Oconomowoc Municipal Court records, pursuant to § 755.12, Wis. Stats., when and if the Municipal Court ceases to exist and to, within 10 days of receipt, dispose of any records and briefs with the appropriate Clerk of Circuit Court pursuant to § 755.14, Wis. Stats.
(3) 
Recording orders and certificates. The Town Clerk of the Town of Oconomowoc shall obtain and maintain a cancellation book pursuant to § 66.081, Wis. Stats.[1]
[1]
Editor's Note: Section 66.081 was repealed by 1999 Act 150, § 238, effective 1-1-2001.
(4) 
Statement of indebtedness to Secretary of State. The Town Clerk of the Town of Oconomowoc shall furnish, pursuant to § 69.68, Wis. Stats., a full and complete summary of the bonded indebtedness and all other indebtedness, the purpose for which the sum was incurred and any accrued interest, if any, remaining unpaid to the Secretary of State.
(5) 
Bounties. The Town Clerk of the Town of Oconomowoc shall, if bounties have been established, pay upon receipt of proper certificate the bounty amount due as stated in the certificate, pursuant to § 66.37, Wis. Stats.[2]
[2]
Editor's Note: Section 66.37 was repealed by 1999 Act 150, § 376, effective 1-1-2001.
(6) 
Fire fighter association. The Town Clerk of the Town of Oconomowoc, if a fire fighter association exists in the Town of Oconomowoc, shall receive the annual report pursuant to § 213.07, Wis. Stats.
(7) 
Arson investigation. The Town Clerk of the Town of Oconomowoc, if no fire department or fire company exists in the Town of Oconomowoc, shall, pursuant to § 165.55, Wis. Stats., investigate or cause to be investigated the cause, origin and circumstances of every fire occurring in the Town of Oconomowoc by which property has been destroyed or damaged when the damage exceeds $500. On fires of unknown origin, the Town Clerk shall especially investigate whether the fire was the result of negligence, accident or design. Where any investigation discloses that the fire may be of suspicious origin, the Town Clerk shall report the same to the State Fire Marshal.
(8) 
Managed Forest Act. The Town Clerk of the Town of Oconomowoc shall receive copies from the Department of Natural Resources of all petitions for entry under the Managed Forest Law of all lands in the Town of Oconomowoc pursuant to § 77.82(5), Wis. Stats. The Town Clerk shall receive copies of notices of hearing established pursuant to § 77.82(6), Wis. Stats., and copies of any orders issued pursuant to § 77.82(8), Wis. Stats.
(9) 
Notice of cessation of operations. The Town Clerk of the Town of Oconomowoc shall receive the appropriate notice, pursuant to § 109.07, Wis. Stats., of mergers, liquidations, dispositions, relocations or cessation of operations from any employer in the Town of Oconomowoc. The Town Clerk shall then immediately inform the Town Board of the Town of Oconomowoc of receipt of such information.
(10) 
Release and publication of tax roll. The Town Clerk of the Town of Oconomowoc shall receive the assessment rolls and then publish a Class 1 notice, if applicable, or post notice under Ch. 985, Wis. Stats. The notice will provide that on the noted days the assessment roll will be open for examination by the taxable inhabitants.
(11) 
Rabies control program. The Town Clerk of the Town of Oconomowoc shall promptly post notice in at least three public places in the Town of Oconomowoc, pursuant to § 95.21(3), Wis. Stats., with the notices of quarantine to be furnished by the Department of Agriculture, Trade and Consumer Protection.
(12) 
Ram control program. The Town Clerk of the Town of Oconomowoc shall receive all forfeitures in the amount of $10 for each time any ram shall be found at large and fees in the amount of $0.50 for each time any ram shall be found at large from the owner of any rams that were at large pursuant to § 172.08, Wis. Stats., and shall pay 1/2 of any forfeiture to the person who has custody of the ram and the other 1/2 to the County Treasurer. The Town Clerk of the Town of Oconomowoc shall be entitled to keep the fee of $0.50 for his or her services.
(13) 
Requiring seller's permit. The Town Clerk of the Town of Oconomowoc shall require proof of a seller's permit or application for a seller's permit from any person who requests a license or permit from the Town of Oconomowoc to engage in a business involving the sale at retail of tangible personal property subject to taxes under § 77.61, Wis. Stats.
(14) 
Prepare general statistics and annual statement of taxes. The Town Clerk of the Town of Oconomowoc shall make out and transmit to the County Clerk by the second Monday in June of each year a statement pursuant to § 69.60, Wis. Stats., showing the assessed value of all property within the Town of Oconomowoc, all taxes levied, all special assessments made and purposes for special assessments; also, a complete and detailed statement of the bonded and other indebtedness of the Town of Oconomowoc and of any accrued interest remaining unpaid and the purpose for which the indebtedness was incurred. In addition, on or before the third Monday of December, the Town Clerk shall file a statement of taxes levied to the Department of Revenue.
(15) 
Make tax roll. The Town Clerk of the Town of Oconomowoc shall make out the complete list of all taxable real property to be called the "tax roll" as required in § 70.65, Wis. Stats.
(16) 
Correct tax roll. The Town Clerk of the Town of Oconomowoc, before delivering the tax roll to the Town Treasurer and after delivering the tax roll to the Town Treasurer, shall correct the errors in the tax roll required in § 70.73, Wis. Stats.
(17) 
Receive assessment roll. The Town Clerk of the Town of Oconomowoc shall receive from the Assessor on or before the first Monday in May the completed assessment roll as required by § 70.50, Wis. Stats.
(18) 
Drainage district. The Town Clerk of the Town of Oconomowoc shall insert in the tax roll, in a separate column, amounts certified by the Drainage Board Secretary as assessments and interest due as required under § 88.42, Wis. Stats.
G. 
Deputy Clerk. The Town Clerk of the Town of Oconomowoc may, pursuant to § 60.331, Wis. Stats., appoint a Deputy Clerk. The Deputy Clerk shall take and file the oath and bond as required by § 60.31, Wis. Stats.
H. 
General statutory authority; powers and duties as to the office of Town Treasurer in Ch. 60, Wis. Stats.
(1) 
Receive and disburse Town money.
(a) 
The Town Treasurer of the Town of Oconomowoc shall receive and take charge of all money belonging to the Town of Oconomowoc, or that money which is required by law to be paid into the Town treasury of the Town of Oconomowoc, and shall disburse the money pursuant to § 66.0607, Wis. Stats.
(b) 
The Town Treasurer of the Town of Oconomowoc shall keep an itemized account of all moneys received and disbursed, specifying the source from which it was received, the person to whom it was paid and the object for which it was paid. The Town Treasurer shall issue numbered receipts for all funds received. At the request of the Town Board of the Town of Oconomowoc, the Town Treasurer shall present the account books and any supporting documents requested to the Town Board of the Town of Oconomowoc.
(2) 
Deposit of Town money.
(a) 
The Town Treasurer of the Town of Oconomowoc shall deposit, as soon as practicable, the funds of this Town in the name of the Town in a proper public depository or in the public depository or public depositories designated by the Town Board. Failure to comply with this subsection is grounds for removal from office.
(b) 
When money is deposited under Subsection H(2)(a) above, the Town Treasurer and Treasurer's sureties are not liable for any loss as defined in § 34.01(2), Wis. Stats. The interest arising from the money deposited shall be paid into the treasury of the Town of Oconomowoc.
(3) 
Records. The Town Treasurer of the Town of Oconomowoc shall comply with Subch. II of Ch. 19, Wis. Stats., concerning records of which the Town Treasurer is legal custodian.
(4) 
Taxes. The Town Treasurer of the Town of Oconomowoc shall perform all of the duties relating to taxation required of the Town Treasurer under Chs. 70 through 79, Wis. Stats.
I. 
Deputy Town Treasurer. The Town Treasurer of the Town of Oconomowoc may appoint a Deputy Treasurer. The Deputy Treasurer shall take and file the oath and bond as required by § 60.31, Wis. Stats.
Elected and appointed officials shall take and file the official oath within five days after notice of their election or appointment as provided in § 60.31, Wis. Stats., and shall execute and file the official bond as required by state statutes and this Code.
A. 
Elected officials. Elected officials may be removed by the Judge of the Circuit Court for cause pursuant to § 17.13(3), Wis. Stats.
B. 
Appointed officials. Appointed officials may be removed as provided in §§ 17.13(1) and (3), Wis. Stats.
A. 
How occurring. Vacancies in elective and appointive positions are caused as provided in § 17.03, Wis. Stats.
B. 
How filled. Vacancies in elective and appointive offices shall be filled as provided in § 17.25, Wis. Stats.
The compensation of all elected and appointed officials, including members of boards and commissions, shall be as determined by the annual Town meeting or the Town Board, where applicable when authorized under § 60.10(2)(k), Wis. Stats., provided salaries and compensation rates of elected officials shall not be increased or reduced during their terms of office. (See § 60.32, Wis. Stats.)
A. 
Restricted. No Town employee or official shall receive or offer to receive, either directly or indirectly, any gift, gratuity or other thing of value which he is not authorized to receive from any person who:
(1) 
Has or is seeking to obtain contractual or other business or financial relationships with the Town or Town Board; or
(2) 
Conducts operations or activities which are regulated by the Town or Town Board; or
(3) 
Has interests which may be substantially affected by the Town or Town Board.
B. 
Penalty. The receipt of any gift, gratuity or other thing of value as denoted above is contrary to the public policy of the Town and is punishable as provided in § 946.12, Wis. Stats. Such conduct shall also be punishable under Chapter 1, General Provisions, Article I, of this Code.
The duties of all elected or appointed officials and employees of the Town shall be as prescribed by the applicable Wisconsin statutes pertaining to Town officials and such additional duties and responsibilities as set from time to time by the Town Board.
The Town and its representatives shall not discriminate against or interfere with any employee on account of membership or nonmembership in any labor organization; nor shall the Town or its representatives discriminate with respect to any employee because of age, race, creed, color, handicap, marital status, national origin, sex, ancestry, sexual orientation, arrest or conviction records.
A. 
Election and term. See § 44-1.
B. 
Powers and duties.
(1) 
Town Chairman. See § 60.24, Wis. Stats.
(2) 
Town Board. The Town Board shall have all powers of the Town not specifically given to some other body or officer. Except as otherwise provided by law, the Town Board shall have the management and control of the Town property, finances, highways, streets, utilities and the public service, and may act for the government and good order of the Town, for its commercial benefit and for the health, safety, welfare and convenience of the public, and may carry its powers into effect by license, regulations, suppression, borrowing, taxation, special assessment, appropriation, imposition of forfeitures and other necessary or convenient means. The Town Board may appoint such officials from time to time as may be deemed necessary for the benefit of the community. In addition, the Town Board shall have the powers enumerated in §§ 60.22 and 60.23, Wis. Stats. The powers hereby conferred shall be in addition to all other grants and shall be limited only by express language.