Village of East Troy, WI
Walworth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of East Troy 4-3-2000 by Ord. No. 2000-2 as §§ 2-3-1 to 2-3-10 and 2-3-13 to 2-3-19 of the 2000 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Boards, commissions and committees — See Ch. 15.
Municipal Court — See Ch. 30.
Emergency government — See Ch. 44.
Police Department — See Ch. 105.
Village Board — See Ch. 148.
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 them 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.
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 is 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 attorney fees.[1]
[1]
Editor's Note: Original § 2-3-2, Appointed officials, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 12-2-2013 by Ord. No. 2013-09]
A. 
Consolidation of offices. Pursuant to § 61.195, Wis. Stats., the Village of East Troy elects to combine the offices of the Village Clerk and the Village Treasurer.[1]
[1]
Editor's Note: This section was originally enacted by charter ordinance.
B. 
Duties. The Village Clerk-Treasurer shall have the duties as specified in §§ 61.25 and 61.26, Wis. Stats., for a village clerk and a village treasurer and any other duties as specified by the Village Board of Trustees.
C. 
Term. The Village Clerk-Treasurer shall be appointed by a majority of the Village Board of Trustees and hold office for an indefinite term.
D. 
Compensation. The compensation of the Village Clerk-Treasurer shall be fixed by the Village Board.
[Amended 12-16-2013 by Ord. No. 2013-12]
A. 
Deputy Clerk.
(1) 
In the temporary absence or disability of the Village Clerk-Treasurer, the Deputy Village Clerk shall have the duties as specified in § 61.25, Wis. Stats., for a village clerk and any other duties as specified by the Village Board of Trustees and shall act under the Village Clerk-Treasurer's direction. The acts of the Village Deputy Clerk shall be covered by official bond as the Village Board shall direct.
(2) 
The Village Deputy Clerk shall be appointed by a majority of the Village Board of Trustees and hold office for an indefinite term, subject to removal at any time by a majority vote of the Village Board.
(3) 
The compensation of the Village Deputy Clerk shall be fixed by the Village Board.
B. 
Deputy Treasurer.
(1) 
In the temporary absence or disability of the Village Clerk-Treasurer, the Deputy Village Treasurer shall have the duties as specified in § 61.26, Wis. Stats., for a village treasurer and any other duties as specified by the Village Board of Trustees and shall act under the Village Clerk-Treasurer's direction. The acts of the Village Deputy Treasurer shall be covered by official bond as the Village Board shall direct.
(2) 
The Village Deputy Treasurer shall be appointed by a majority of the Village Board of Trustees and hold office for an indefinite term, subject to removal at any time by a majority vote of the Village Board.
(3) 
The compensation of the Village Deputy Treasurer shall be fixed by the Village Board.
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 has an interest.
(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 the 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 provided by ordinance.
(5) 
The Village Attorney shall perform such other duties as provided by state law and as designated by the Village Board.
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.
(1) 
The Chief of Police shall be appointed by a majority vote of the members of the Village Board for an indefinite term, subject to removal pursuant to the procedures established in § 61.65(1)(am), Wis. Stats. The Chief shall exercise the powers and duties of village marshals and village constables and any other powers and duties prescribed by the Village Board, Village ordinances or the Wisconsin Statutes. Upon a permanent vacancy, an officer designated by the Board shall temporarily replace the Chief until the vacancy is filled by the Village Board.
(2) 
The compensation to be paid the Chief of Police for his/her services, the hours of active duty, rest days, vacation periods and other involvement of his/her employment shall be such as may be determined by the Village Board from time to time. In the event of vacation or temporary disability, the Chief of Police shall appoint an officer in charge to act in the Chief's absence.
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 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 persons 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.
[1]
Editor's Note: See also Ch. 105, Police Department.
The Fire Chief shall assume office pursuant to the bylaws of the Joint Fire Commission of which the Village of East Troy is a part.
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 Director of Public Works shall be appointed by the Village President, subject to Village Board confirmation.
B. 
Duties and powers. The Director of Public Works shall have the following duties and powers:
(1) 
The Director of Public Works shall have general charge and supervision of all public works in the Village.
(2) 
The Director of Public Works shall be responsible for the maintenance, repair and construction of streets, alleys, curbs and gutters, sidewalks, bridges, street signs, storm sewers, Village buildings and structures, and all machinery, equipment and property used in any activity under his/her control.
(3) 
The Director of Public Works shall have charge of all public services, including the wastewater sewer plant, municipal water system, snow and ice removal, and street cleaning and flushing.
(4) 
The Director of Public Works shall 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.
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.[1]
[1]
Editor's Note: This section was originally enacted by charter ordinance.
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 Village Board.
C. 
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/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.[1]
(1) 
Inspectors, or inspection firms, shall be appointed by the Village President, subject to confirmation by a majority vote of the Village Board.
(2) 
Each inspector shall serve according to contract and:
(a) 
Have proper state certification in areas of his/her responsibility.
(b) 
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.
(c) 
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.
(d) 
Have sufficient experience in the installation of equipment to enable him/her to understand and apply the appropriate codes adopted by the Village of East Troy.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Authority to enter premises; appeals.
(1) 
In the discharge of his/her 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 of this Code.
(2) 
If consent to enter, 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 30 days thereafter, appeal from such order or ruling to the Zoning Board of Appeals, as established in Chapter 510, Zoning, of this Code. Such an appeal is to be in writing.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Duties and authority. The Building Inspector shall have such duties as are prescribed in this section and Chapter 210, 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 of Ordinances. Work so stopped shall not be resumed, except with written permission of the Inspector. If the stop-work order is an oral one, it shall be followed by a written order within a reasonable period of time.[3]
[3]
Editor's Note: Original § 2-3-14, Village Engineer, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 who is required to be confirmed by the Village Board and is 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, provided that the Municipal Judge shall file it with the Walworth County Clerk of Circuit Court office prior to acting as Judge. 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, 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 for any cause, the Board may appoint some person to discharge his/her duties until he/she returns, or until such disability is removed.
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.
Village officers must observe the standards of care imposed by § 19.21, Wis. Stats., with respect to the care and custody of official property.