[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.]
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which immediately followed this section, was repealed 6-15-2015 by
Ord. No. 2015-02.
[Amended 12-2-2013 by Ord. No. 2013-09; 11-4-2019 by Ord. No. 2019-16]
A.
Duties. The Village Clerk shall have the duties as specified in § 61.25
of the Wisconsin Statutes for a village clerk and any other duties
as specified by the Village Board of Trustees.
B.
Term. The Village Clerk shall be appointed by a majority of the Village
Board of Trustees and hold office for an indefinite term.
C.
Compensation. The compensation of the Village Clerk shall be fixed
by the Village Board.
[Added 11-4-2019 by Ord.
No. 2019-16]
A.
Duties. The Village Treasurer shall have the duties as specified
in § 61.26 of the Wisconsin Statutes for a village treasurer
and any other duties as specified by the Village Board of Trustees.
B.
Term. The Village Treasurer shall be appointed by a majority of the
Village Board of Trustees and hold office for an indefinite term.
C.
Compensation. The compensation of the Village 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, 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's
direction. The acts of the Village Deputy Clerk shall be covered by
official bond as the Village Board shall direct.
[Amended 12-16-2019 by Ord. No. 2019-18]
(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.
[Amended 12-16-2019 by Ord. No. 2019-18]
(1)
In the
temporary absence or disability of the Village 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 Treasurer
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.
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.
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.
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 6-15-2015 by
Ord. No. 2015-02.
[Added 12-16-2019 by Ord.
No. 2019-17]
A.
A Village Administrator may be appointed by the Village Board. The
Village Administrator shall be the Chief Administrative Officer of
the Village, responsible for proper administration of the business
affairs of the Village. The Village Administrator shall be appointed
based on merit with due regard to training, experience, administrative
ability and general fitness for office, by a majority vote of the
Village Board. The Village Administrator shall hold office for an
indefinite term subject to removal at any time by a 2/3 vote of the
Village Board. The Village Administrator shall serve at the pleasure
of, and be accountable to, the Village President and Village Board.
B.
Duties and powers of the Village Administrator:
(1)
General charge and supervision over all administrative functions
of the Village.
(2)
Carries out actions and directives of the Village Board which
require administrative implementation or where the President and/or
Village Board have so directed.
(3)
Prepares reports and recommendations for the Village Board and
other boards, committees or commissions as needed, regarding operational
or policy matters before them.
(4)
Serves as the personnel director for all Village departments.
(5)
Serves as Executive Director of Community Development Authority
and promotes general economic well-being and growth of the Village.
(6)
Oversees Village's overall financial management, accounting
system, and processes ensuring methods are employed in accordance
with current professional standards.
(7)
Responsible for preparation and presentation of annual budget
in coordination with other Village officials and reporting the financial
position to the Board on a regular basis.
C.
The Village Board shall adopt a full job description for the the
Village Administrator that may be reviewed and updated as necessary
by the Village Board.
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]
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.
Village officers must observe the standards of care imposed
by § 19.21, Wis. Stats., with respect to the care and custody
of official property.
