[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.
[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.
(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.
(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.
(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.
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:
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.
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.
