Village of Clyman, WI
Dodge County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Clyman as Title 2, Ch. 3, of the 1998 Village Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Administrative review — See Ch. 7.
Boards, commissions and committees — See Ch. 18.
Village Board — See Ch. 115.

§ 75-1 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 Chapter 61 of the Wisconsin Statutes 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.

§ 75-2 Appointed officials.

The Village officials hereinafter set forth shall be appointed by the Village Board; and one or more of said offices may be held by the same person. Unless otherwise provided, 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.
A. 
Clerk-Treasurer.
B. 
Director of Public Works.
C. 
Building Inspector.
D. 
Assessor.[1]
[1]
Editor's Note: Original § 2-3-2(e) of the 1998 Village Code of Ordinances, Chief of Police, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 75-3 Village Clerk-Treasurer.

A. 
Statute not to govern. The Village of Clyman, pursuant to §§ 61.195 and 66.0101, Wis. Stats., hereby elects not to be governed by those portions of §§ 61.19, 61.25 and 61.26, Wis. Stats., which are in conflict with this section.
B. 
Consolidated office. 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.
C. 
Term of office. The appointed Village Clerk-Treasurer shall hold office for an indefinite term, subject to removal as provided in § 17.13, Wis. Stats.
D. 
Annual audit. Annual audits shall be made of the records of the Clerk-Treasurer with the audit to be made by a certified public accountant.
E. 
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 Statute 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 Village 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) 
Develop and implement improved internal control and financial reporting procedures as necessary or as directed;
(13) 
File financial and other reports with various state agencies;
(14) 
File insurance claims on behalf of the Village;
(15) 
Locate suppliers of goods or services and obtain quotes;
(16) 
Advertise for bids, receive them and summarize the results;
(17) 
Identify and evaluate ideas to achieve more efficient and effective operation;
(18) 
Coordinate, supervise and conduct elections;
(19) 
Confer with Village President, department heads and Village Board committees about projects and problems;
(20) 
Maintain personnel files;
(21) 
Perform such other duties as may be directed by Village Board.
F. 
Duties as Treasurer. In his 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 record keeping, 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;
(11) 
Prepare check vouchers for payment of approved claims for signature;
(12) 
Coordinate the preparation and compilation of the annual Village budget;
(13) 
Make property tax settlements with the County Treasurer and turn over to school district and other taxing units their proportionate share of property tax collections;
(14) 
Issue purchase orders.
G. 
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 Village Board, all duties pertaining to his/her office as Clerk-Treasurer, and shall be responsible for all the official acts of assistants.
H. 
Bond. The Village Clerk-Treasurer shall execute to the Village a surety company fidelity bond in an amount determined by the Village Board.

§ 75-4 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(s) shall be covered by official bond as the Village Board shall direct.

§ 75-5 Village Attorney.

A. 
Appointment. The Village Attorney is an appointed position. The Village Attorney shall be appointed by the Village President, 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) 
The Village Attorney shall, when requested by Village officers, give written legal opinions, which shall be filed with the Village.
(3) 
The Village Attorney shall draft ordinances, bonds and other instruments as may be required by Village officers.
(4) 
The Village Attorney 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.

§ 75-6 Marshal.

The Village of Clyman shall not have a Marshal; all the duties of marshals set forth in § 61.28, Wis. Stats., shall be performed by law enforcement officers.[1]
[1]
Editor's Note: Original § 2-3-7 of the 1998 Village Code of Ordinances, Chief of Police, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 75-7 Head of Emergency Government Services.

A. 
The Village Board shall appoint the Fire Chief as the Head of Emergency Government Services.
B. 
Duties.
(1) 
The Head of Emergency Government Services shall promulgate an effective program of emergency government in pursuit of the statewide goals of the emergency government organization:
(a) 
To prepare for and minimize the effect of enemy action (civil defense) and natural or man-made disaster upon the civilian population; and
(b) 
To effectuate emergency repairs to, or the emergency restoration of, vital public utilities and facilities destroyed or damaged by such action or disaster.
(2) 
The above duties shall include preparation of emergency government and civil defense plans, as well as the requirements as set forth in Ch. 323, Wis. Stats.

§ 75-8 Fire Chief.

The Fire Chief shall assume office pursuant to the bylaws of the Clyman Area Fire Department. He/she shall be the Village Fire Inspector by virtue of his office. He 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.

§ 75-9 Weed Commissioner.

The Weed Commissioner shall be appointed by the Village President, subject to Village Board confirmation. In the absence of making such an appointment, the Director of Public Works shall be the Weed Commissioner. The term of office of the Weed Commissioner shall commence on the first day of May following his 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.

§ 75-10 Director of Public Works.

A. 
Appointment. The Director of Public Works shall be appointed pursuant to § 75-2. Generally, the Village Board shall maintain, service, inspect and/or repair all Village equipment, and property, including sewage equipment, water supply, equipment, streets and street right-of-way, Village parks, Village buildings and other items as determined by the Village Board. The Director of Public Works shall be on twenty-four-hour call for emergency work.
B. 
Duties and powers. The Director of Public Works shall have the following duties and powers:
(1) 
General duties. The Director of Public Works shall.
(a) 
Have general charge and supervision of certain public works in the Village.
(b) 
Be responsible for the maintenance, repair and construction of parks, streets, alleys, curbs and gutters, sidewalks, bridges, street signs, storm sewers, 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 sewer and water utilities.
(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 water supply system. The Director of Public Works shall:
(a) 
Read station meter at least daily.
(b) 
Inspect and maintain pumping equipment in working order as needed.
(c) 
Read, repair and install individual water meters as directed by the Village Board.
(d) 
Repair water mains as needed to maintain water supply.
(e) 
Keep water hydrants clear of obstruction and in good working condition.
(3) 
Maintain sanitary sewer system. The Director of Public Works shall:
(a) 
Operate and inspect sewer plant once daily.
(b) 
Read flow chart and record results at least once daily.
(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 station daily or more as needed.
(4) 
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 as required by the Board.
(c) 
Repair streets and roads with proper materials as needed.
(d) 
Mow grass along roadsides as needed.
(e) 
Assess street repair and replacement needs as directed by the Board.
(f) 
Paint parking line spaces and yellow fire hydrant curb markings as needed.
(5) 
Inspect parks. The Director of Public Works shall:
(a) 
Inspect parks to insure the grass is cut as needed.
(b) 
Advise of any needed repair or vandalism to buildings.
(6) 
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.

§ 75-11 Assessor.

A. 
Pursuant to §§ 61.195, 61.197 and 66.0101 of the Wisconsin Statutes, the Village hereby elects not to be governed by those portions of §§ 61.19 and 61.23 of the statutes which relate to the selection and tenure of the Village Assessor, and which are in conflict with this section.
B. 
Hereafter, 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 an indefinite 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 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.

§ 75-12 Building Inspector; Plumbing Inspector; Heating, Ventilating and Air Conditioning Inspector; Electrical Inspector.

A. 
Appointment.
(1) 
Inspectors shall be appointed pursuant to § 72-2.
(2) 
Each inspector shall:
(a) 
Possess such executive ability as is requisite for the performance of his duties and shall have knowledge of the standard materials and methods used in the installation of equipment in his 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 Clyman.
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/her duties; and any person so interfering shall be in violation of this section and subject to a penalty as provided by § 1-3 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.
(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 Chapter 440, Zoning, such an appeal to be in writing.
C. 
Duties and authority. The Building Inspector shall have such responsibilities as are prescribed in this section and Chapters 144, 175, 191, 226, 325, and 334 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.

§ 75-13 Eligibility for office.

A. 
No person shall be elected by the people (or appointed by the Village President in the event of a Board vacancy), who is not at the time of his/her election (appointment), a citizen of the United States and of this state, and an elector of the Village, and actually residing therein for at least 28 days prior to said election (appointment).
[Amended 12-17-2012 by Ord. No. 2012-011]
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.

§ 75-14 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 after 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Form, procedure. The form, filing and general procedure for the taking of oaths shall be governed by Ch. 19, Subch. I, Wis. Stats.

§ 75-15 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 duties until he returns or until such disability is removed.

§ 75-16 Removal from office.

A. 
Elected officials. Elected officials may be removed by the Village Board as provided in § 17.13(2) and 17.16, Wis. Stats.
B. 
Appointed officials. Appointed officials may be removed as provided in § 17.13(1) and 17.16, Wis. Stats.

§ 75-17 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.