[HISTORY: Adopted by the Common Council of the City of Brodhead
as §§ 2-3-1 to 2-3-11 and 2-3-14 to 2-3-17 of the 1997
Code. Amendments noted where applicable.]
A.
General powers. Officers of the City of Brodhead shall have generally the powers and duties prescribed for like officers of cities, towns and villages, except as otherwise provided, and such powers and duties as are prescribed by law and, except as to the Mayor, shall perform such duties as shall be required of him/her by the Council. Officers whose powers and duties are not enumerated in Ch. 62, Wis. Stats., shall have such powers and duties as are prescribed by law for like officers or as are directed by the Council.
B.
Rules. All officers and departments may make the necessary rules
for the conduct of their duties and incidental proceedings.
C.
Applicability of ethics statutes. The general laws for the punishment
of bribery, misdemeanors and corruption in office shall apply to City
officers.
D.
Legal representation. Whenever any City official in his/her official
capacity is proceeded against or obliged to proceed before any civil
court, board, committee 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 Council has ordered the proceedings discontinued, the Council
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.
E.
Reference to Clerk. Except as provided in Subsection F, any references in this Code to the City Clerk-Treasurer or Clerk-Treasurer shall be construed to mean the City Clerk.
[Added 12-16-2019 by Ord. No. 2019-018]
F.
Reference
to Treasurer. References in this Code to the City Clerk-Treasurer
or Clerk-Treasurer in the following sections shall be construed to
mean the City Treasurer:
[Added 12-16-2019 by Ord. No. 2019-018]
A.
Appointed officials. The following shall be appointed officials:
[Amended 2-25-2013]
|
Official
|
How Appointed
|
Term
|
|---|---|---|
|
Attorney
|
Mayor, subject to confirmation by Council
|
1 year
|
|
Clerk-Treasurer
|
Mayor, subject to confirmation by Council
|
Indefinite
|
|
Chief of Police
|
Mayor, subject to confirmation by Council
|
Indefinite
|
|
Director of Public Works (Street Commissioner, Weed Commissioner)
|
Mayor, subject to confirmation by Council
|
Indefinite
|
B.
Time for taking office. The regular term of all appointed officials
shall commence with their appointment at the first regular meeting
of the Common Council in May of each year, except officials appointed
for indefinite terms, who shall take office upon appointment and qualification.
[Amended 3-17-2015; 11-20-2019 by Ord. No.
2019-015]
A.
Duties as Clerk. The City Clerk shall be responsible for performing
those duties required by § 62.09(11), Wis. Stats., 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 the 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 Common Council
and such other official boards and commissions as may be directed;
(5)
Maintain a file on all City records, ordinances, resolutions and
vouchers;
(6)
Type and distribute reports for the Council and for federal and state
agencies;
(7)
Audit and obtain approval on claims charged against the City;
(8)
Assist the City Assessor in maintaining property assessment records;
(9)
Administer oaths and affirmations;
(10)
Issue licenses to various vendors in the City;
(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 City;
(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 Mayor, department heads and Common Council committees
about projects and problems;
(19)
Maintain personnel files;
(20)
Perform such other duties as may be directed by the Common Council.
B.
Duties prescribed by law or Council. The Clerk shall perform such
other duties as are prescribed by state statutes and by order of the
Council. The Clerk generally shall perform, under direction of the
Mayor or other presiding officer of the Council, all duties pertaining
to his/her office as Clerk and shall be responsible for all the official
acts of assistants.
C.
Bond. The City Clerk shall execute to the City a surety company fidelity
bond in an amount determined by the Common Council.
[Added 11-20-2019 by Ord. No. 2019-015[1]]
A.
Duties as Treasurer. The Treasurer shall be responsible for performing
those duties required by § 62.09(9), Wis. Stats., 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 City and serve as City Comptroller;
(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 City operations, including
utilities;
(7)
Collect all taxes for the City and other taxing bodies;
(8)
Invest idle funds for maximum interest earnings;
(9)
Prepare monthly financial reports;
(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 City
budget;
(13)
Make property tax settlements with the applicable County Treasurer
and turn over to the school district and other taxing units their
proportionate share of property tax collections;
(14)
Issue purchase orders.
B.
Duties prescribed by law or Council. The Treasurer shall perform
such other duties as are prescribed by state statutes and by order
of the Council. The Treasurer generally shall perform, under direction
of the Mayor or other presiding officer of the Council, all duties
pertaining to his/her office as Treasurer and shall be responsible
for all the official acts of assistants.
C.
Bond. The City Treasurer shall execute to the City a surety company
fidelity bond in an amount determined by the Common Council.
The Clerk-Treasurer may appoint a Deputy Clerk-Treasurer subject
to confirmation by a majority of the members of the Common Council.
The Deputy Clerk-Treasurer shall act under the Clerk-Treasurer's direction
and shall, during the temporary absence or disability of the Clerk-Treasurer
or during a vacancy in such office, perform the duties of Clerk-Treasurer.
The acts of the Deputy shall be covered by official bond as the Common
Council shall direct. The Common Council shall set the salary of the
Deputy Clerk-Treasurer.
A.
Selection. The Director of Public Works shall be appointed pursuant to § 112-2. Selection shall be made solely on merit upon the basis of general qualifications and fitness for performing the duties of the position.
B.
Powers and duties. Subject to the direction of the Mayor and Common
Council, the Director of Public Works shall have the following duties:
(1)
General:
(a)
Plans, directs and manages all public works (streets, storm
sewers, sidewalks, curb and gutter) and utility services (sanitary
sewer collection and wastewater treatment).
(b)
Supervises and coordinates all maintenance work and construction
or reconstruction projects involving the public works and utilities.
(c)
Prepares specifications and bid documents for truck and equipment
purchases, reroofing, insulation and similar types of projects.
(d)
Prepares recommendations for annual and long-range projects.
(e)
Visits the various operations on an as-needed basis.
(f)
Serves as Street Commissioner and Weed Commissioner.
(2)
Utility Administrator:
(a)
Has responsibility for the overall management and control of
the operation of the sewer system.
(b)
Makes recommendations to the respective commission in matters
of finance and accounting, engineering, personnel and general operations.
(c)
Develops and recommends short- and long-range plans for utility
service.
(d)
Reviews financial data to assure that the utilities are being
operated in an efficient manner.
(e)
Periodically reviews office procedures, accounting and storeroom
control.
(3)
Public Works Director:
(a)
Has responsibility for overall management and control of the
Street Department.
(b)
Advises the Mayor and Common Council on various public works
projects or problems and makes recommendations.
(c)
Makes recommendations relating to all street, storm sewer and
sidewalk projects.
(d)
Plans, directs and inspects the repair and maintenance of streets,
curbs and gutters, sidewalks, streetlights and street trees.
(e)
Supervises plowing of snow and all phases of snow and ice control
on City streets, alleys, sidewalks and public parking lots.
(f)
Supervises the operation of the municipal garage and the repair
and maintenance of City-owned vehicles and equipment.
(g)
Schedules the daily and weekly jobs of the Public Works Department
employees and makes necessary modifications due to emergencies.
(h)
Plans for the maintenance and repair of all City vehicles, machinery
and equipment and is responsible for related records.
(i)
Repairs and maintains all official City sign use and traffic
control marking, to be done in compliance with the State Traffic Code
and local ordinances.
(j)
Performs such other duties as may be directed by the Common
Council.
B.
Duties. The City Attorney shall have the following duties:
(1)
The City Attorney shall conduct all of the law business in which
the City is interested and shall serve as legal advisor to the Mayor,
Common Council and officers of the City.
(2)
The City Attorney shall, when requested by City officers, give written
legal opinions, which shall be filed with the City.
(3)
The City Attorney shall draft ordinances, bonds and other instruments
as may be required by City officials.
(4)
The City 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 City. Such assistant shall receive no compensation from the
City, unless previously provided by ordinance.
(5)
The Common Council may employ and compensate special counsel to assist
in or take charge of any matter in which the City is interested.
(6)
The City Attorney shall perform such other duties as provided by
state law and as designated by the Common Council.
A.
Appointment.
(1)
The Chief of Police shall be appointed by the Common Council, to
include the Mayor as a voting member of the Council for this purpose.
(2)
The Chief of Police so appointed shall hold office for an indefinite
term subject to removal by the Common Council pursuant to the Wisconsin
Statutes, with such vote to include the Mayor as a voting member of
the Council for such purpose.
(3)
The required vote for the appointment of the Chief of Police shall
require a 2/3 vote of all the members of the Council, to include the
Mayor as a voting member of the Council for this purpose.
[Amended by Charter Ordinance 6-4-1984]
B.
General duties. The Chief of Police shall:
(1)
Have command of the Police Department of the City under direction
of the Mayor;
(2)
Have general administration and control of the Department;
(3)
Be responsible for the Department's government, efficiency and general
good conduct;
(4)
Perform all duties prescribed to him/her by laws of the state and
ordinances of the City;
(5)
Develop Department policies and procedures;
(6)
Maintain Department ethics and discipline;
(7)
Delegate special assignments or duties to police officers and monitor
to see that responsibilities are carried out;
(8)
Perform all the duties of a police officer during a portion of every
regular shift;
(9)
Identify and evaluate ideas to achieve more efficient and effective
operation;
(10)
Prepare Department budget requests and maintain expenditures
within approved budgetary levels;
(11)
Authorize overtime work for police officers, with supporting
justification provided to the Mayor and Common Council, or committee
thereof;
(12)
Participate in the recruitment, testing and selection of new
personnel;
(13)
Supervise and participate in the advanced and continuing training
of police officers and nonsworn Department employees;
(14)
Cooperate with county, state and federal officials, and other
municipal law enforcement agencies;
(15)
Make special reports to the Common Council on request, and advise
and cooperate with other City departments in matters of public safety;
(16)
Submit weekly and annual reports to the Mayor;
(17)
Perform other miscellaneous duties as assigned.
[Amended 5-12-2008; 2-25-2013]
A.
The Fire Chief shall have such supervisory authority as delegated
by the Brodhead Fire District and/or its bylaws. The Fire Chief, or
his/her designee, shall be present at fires and command all firefighting
operations. The Fire Chief shall, by virtue of his/her office, hold
the office of Fire Inspector or he/she may delegate a member of the
District to serve as the Fire Inspector.
B.
The Fire Chief shall enforce all fire prevention ordinances of the
City and state laws and regulations pertaining to fire prevention
and shall keep citizens informed on fire prevention methods and on
the activities of the District.
A.
Appointment.
(1)
The City of Brodhead hereby elects not to be governed by those portions
of § 62.09(3)(b), Wis. Stats., relating to the method of
selection of the City Assessor which are in conflict with this section.
[Amended by Charter Ordinance 12-9-2013]
(2)
The City Assessor, or assessing firm, shall be appointed by the Common
Council for a term of office as determined by contract.
(3)
A corporation or an independent contractor may be appointed as 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.
(4)
No Assessor shall be appointed unless said Assessor is certified
by the Wisconsin Department of Revenue as qualified to perform the
functions of the office of Assessor.
B.
Duties. The Assessor shall perform all duties required of such office
as provided by law and such other duties as are requested to be executed
by such person by the Common Council from time to time.
C.
Definition. For purposes of this section, "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.
D.
Whenever
the Assessor, in the performance of the Assessor's duties, requests
or obtains income and expense information pursuant to § 70.47(7)(af),
Wis. Stats., or any successor statute thereto, then such income and
expense information that is provided to the Assessor shall be held
by the Assessor on a confidential basis; except, however, that the
information may be revealed to and used by persons in the discharge
of duties imposed by law; in the discharge of duties imposed by office
(including but not limited to use by the Assessor in performance of
official duties of the Assessor's office and use by the Board of Review
in performance of its official duties); or pursuant to order of a
court. Income and expense information provided to the Assessor under
§ 70.47(7)(af), Wis. Stats., unless a court determines that
it is inaccurate, is, per § 70.47(7)(af), Wis. Stats., not
subject to the right of inspection and copying under § 19.35(1),
Wis. Stats.[1]
A.
Qualifications.
(1)
There are created the positions of Building Inspector; Electrical
Inspector; Heating, Ventilating and Air Conditioning (HVAC) Inspector;
and Plumbing Inspector. The Common Council may assign or consolidate
the duties of each position with another inspection position.
(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 City of Brodhead.
(3)
Each Inspector shall be certified by the State of Wisconsin in his/her
area of responsibility.
B.
Appointment and general powers.
(1)
A Plumbing Inspector, Electrical Inspector, HVAC Inspector and Building
Inspector shall be appointed by the Mayor, subject to Council confirmation,
for an indefinite term of office.
(2)
Each inspector shall enforce the provisions of this Code and all
other ordinances and laws and orders of the State of Wisconsin which
relate to building construction, plumbing, HVAC and electrical installations,
subject to the respective authority of each Inspector as set forth
in this section and other chapters of the City Code.
C.
May employ additional assistants. Each Inspector may employ, subject
to approval of the Common Council, any assistant inspectors and clerical
assistants necessary for the proper conduct of his/her office and
the inspection of installations in his/her area of responsibility.
D.
Authority to enter premises.
(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 § 1-4.
(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.
E.
Duties and authority.
(1)
Building Inspector. The Building Inspector shall have such duties as are prescribed in this section and Chapter 203, Building Construction, of the Code of the City of Brodhead.
(2)
Electrical Inspector. In addition to such duties as are prescribed in Chapter 203, Building Construction, of the Code of the City of Brodhead, the Electrical Inspector may, during reasonable hours, enter any building or premises in the discharge of his/her official duties or for the purpose of making any inspection, reinspection or test of the electrical equipment contained therein or its installation. When any electrical equipment is found by the Electrical Inspector to be dangerous to persons or property because it is defective or defectively installed, the person responsible for the electrical equipment shall be notified in writing and shall make any changes to place such equipment in a safe condition, and if such work is not started as soon as possible and not completed within 15 days or any longer period that may be specified by the Electrical Inspector in such notice, the Electrical Inspector may disconnect or order the discontinuance of electrical service to such electrical equipment. In cases of emergency where necessary for safety to persons or property or where electrical equipment may interfere with the work of the Fire District, the Electrical Inspector may disconnect or cause the disconnection immediately of any electrical equipment.
(3)
HVAC Inspector. In addition to such duties as are prescribed in Chapter 203, Building Construction, of the Code of the City of Brodhead, the HVAC Inspector shall enforce all state and City provisions relating to the construction, installation, alteration and repair of all HVAC equipment and facilities within the City and shall make such inspections, perform such tests and issue such orders as may be necessary for such enforcement.
(4)
Plumbing Inspector. In addition to such duties as are prescribed in Chapter 203, Building Construction, of the Code of the City of Brodhead, the Plumbing Inspector shall enforce all state and City provisions relating to the construction, installation, alteration and repair of all plumbing within the City and shall make such inspections, perform such tests and issue such orders as may be necessary for such enforcement.
F.
Records.
(1)
Inspectors shall keep a record of all applications for permits and
regularly number each permit in the order of issuance. They shall
keep a record showing the number, description and size of all buildings
erected during their terms of office, indicating the kind of materials
used, the cost of each project and the aggregate cost of all buildings
and the various classes. They shall keep a record of all inspections
made and a record of all fees collected by them showing the date of
their receipt and transfer to the City Clerk-Treasurer.
(3)
The Plumbing Inspector shall keep a record of all sewer and water
connections and shall make maps showing the locations of the same
and the positions of all house drains, connections, junctions and
other data necessary for the efficient operation of his/her office.
G.
Stop-work orders and revocations. Each 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.
The Weed Commissioner shall be appointed by the Mayor, subject
to Council confirmation. The term of office of the Weed Commissioner
shall commence on the first day of May following his/her appointment.
Unless otherwise designated by the Common Council, the Director of
Public Works shall serve as Weed Commissioner. The Weed Commissioner
shall take the official oath, which oath shall be filed in the office
of the City 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.
No person shall be elected by the people to a City 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 City and, in case of a ward
office, of the ward and actually residing therein.
B.
An appointee by the Mayor, requiring to be confirmed by the Council,
who shall be rejected by the Council shall be ineligible for appointment
to the same office for one year thereafter.
C.
No member of the Common Council shall, during the term for which
he/she is elected, be eligible for an office or position which, during
such term, has been created by, or the selection to which is vested
in, the Council, provided that the Council may be represented on City
boards or commissions where no additional remuneration is paid such
representative except as otherwise provided by the laws of the State
of Wisconsin.
City officers must observe the standards of care imposed by
§ 19.21, Wis. Stats., with respect to the care and custody
of official property.
A.
Oath. Every person elected or appointed to any statutory office shall
take and file his/her official oath within 10 days after the notice
of his/her election or appointment.
B.
Bonds. The City Clerk-Treasurer, and such other statutory officers
as the laws of Wisconsin or the Common Council may direct, shall execute
and file an official bond in such form as the Council may determine.
The Council may at any time require new or additional bonds of any
officer. All official bonds must be approved by the Mayor and, when
so approved, then be filed within 10 days after the officer executing
the same shall have been notified of this election or appointment.
Official bonds shall be filed with the City Clerk-Treasurer and shall
be recorded by him/her in a book kept by him/her for that purpose.
