[HISTORY: Adopted by the Village Board of the Village of
Randolph 10-7-1998 by Ord. No. 351 as §§ 2-3-1 to 2-3-12
and 2-3-14 to 2-3-18 of the 1998 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 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.
The Village officials hereinafter set forth shall be appointed:
Official
|
How Appointed
|
Term
|
---|---|---|
Assessor
|
Village President, subject to confirmation by the Village Board
|
1 year
|
Building Inspector
|
Village President, subject to confirmation by the Village Board
|
1 year
|
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
|
Weed Commissioner/Forester
|
Village President, subject to confirmation by the Village Board
|
1 year
|
Chief of Police
|
Police Committee, subject to confirmation by the Village Board
|
Indefinite
|
Street Superintendent
|
Village President, subject to confirmation by the Village Board
|
Indefinite
|
Clerk-Treasurer
|
Village President, subject to confirmation by the Village Board
|
Indefinite
|
Utilities Superintendent
|
Village President, subject to confirmation by the Village Board
|
Indefinite
|
Sexton
|
Village President, subject to confirmation by the Village Board
|
1 year
|
Veterans' Committee
|
Village President, subject to confirmation by the Village Board
|
1 year
|
A.
Consolidated offices. Pursuant to §§ 61.195, 61.197
and 66.0101, Wis. Stats., the Village of Randolph 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 the 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 directed or 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;
(19)
Maintain personnel files.
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 a monthly financial report;
(10)
Maintain payroll records and prepare payroll checks from approved
employee time sheets;
(11)
Prepare check vouchers for payment of approved claims for signature;
(12)
Coordinate the preparation and compilation of the annual Village
budget.
F.
Duties prescribed by law. The Clerk-Treasurer shall perform such
other duties as are prescribed by state statutes 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 as Clerk-Treasurer
and shall be responsible for all the official acts of assistants.[1]
[1]
Editor’s Note: Former Subsection G, Bond, which immediately
followed, was repealed 5-7-2018 by Ord. No. 419.
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(s) 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 § 56-2, 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:
(a)
Conduct
all of the legal business in which the Village is interested.
(b)
When
requested by Village officers, give written legal opinions, which
shall be filed with the Village.
(c)
Draft
ordinances, bonds and other instruments as may be required by Village
officers.
(d)
Perform
such other duties as provided by state law and as designated by the
Village Board.
(2)
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.
C.
Special counsel. The Village Board may employ and compensate special
counsel to assist in or take charge of any matter in which the Village
is interested.
A.
Appointment. The Chief of Police shall be appointed pursuant to § 56-2. 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.
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
written 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 a person 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.
Fire Department officers, the Fire Chief and Assistant Chief
shall be elected every two years, in April, by the Randolph Village
Fire Department and approved by the Village Board. Officers of the
Fire Department can be removed for just cause after a hearing by action
of a majority of the members of the Board, unless their services are
sooner terminated by resignation, death or change of residence to
outside the area of fire coverage. The Fire Inspector shall be appointed
by the Fire Chief, subject to approval of the Village Board. The three
trustees shall have three-year terms.
The Weed Commissioner shall be appointed 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 Clerk-Treasurer,
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 Superintendent shall be appointed pursuant to § 56-2. Generally, the Street Superintendent shall maintain, service, inspect and/or repair all Village public works equipment and property, including street equipment, streets and street rights-of-way, Village , Village buildings and other items as determined by the Village Board.[1]
B.
Duties and powers. The Street Superintendent shall have the following
duties and powers:
(1)
General duties. The Street Superintendent shall:
(a)
Have general charge and supervision of certain public works
in the Village.
(b)
Be responsible for the maintenance, repair and construction
of , 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)
Have charge of certain public services, including snow and ice
removal, street cleaning, flushing, and street maintenance.
(d)
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 Street Superintendent
shall:
(3)
Maintain Village buildings and equipment. The Street Superintendent
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.
A.
B.
Duties and powers. The Utilities Superintendent shall have the following
duties and powers:
(2)
Maintain sanitary sewer system. The Utilities Superintendent shall:
(a)
Operate and inspect sewer plant.
(b)
Read flowchart and record results.
(c)
Inspect and maintain chlorine equipment as needed.
(d)
Collect samples and conduct tests as required by the Board and
by the Wisconsin Department of Natural Resources.
(e)
Inspect and maintain lift stations.
(f)
Inspect and maintain the entire sanitary sewer system and administer
utilities collections.
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 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.
(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 Randolph.
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 § 1-4 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.
C.
Duties and authority. The Building Inspector shall have such responsibilities as are prescribed in this section and Chapter 140, Building Construction, 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.
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, required 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 after notice of election or appointment,
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.[1]
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 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.