[HISTORY: Adopted by the Village Board of the Village of
Howards Grove as Title 2, Ch. 3, of the 1993 Code of Ordinances. 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 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.
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 official
capacity proceeded against or obliged to proceed before any civil
court, board or commission to defend or maintain his official position,
or because of some act arising out of the performance of his official
duties, and he 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
for the expenses reasonably incurred for costs and attorney's
fees.
A.
The Village officials hereinafter set forth shall be appointed by
the Village President, subject to confirmation by a majority vote
of the Board, and one or more of said offices may be held by the same
person. Persons appointed to perform the duties of the following offices
shall hold office for the term indicated, subject to removal as provided
by § 17.13(1) and (3), Wis. Stats.[1]
|
Official
|
How Appointed
|
Term
| |
|---|---|---|---|
|
Clerk-Treasurer
|
Village President, subject to confirmation by Village Board,
May 15 in even-numbered years
|
2 years
| |
|
Assessor
|
Village Board, June 1 in even-numbered years
|
2 years
| |
|
Village Attorney
|
Village Board
|
Indefinite
| |
|
Weed Commissioner
|
Village President, subject to confirmation by Village Board,
May 15
|
1 year
| |
|
Building Inspector
|
Village President, subject to confirmation by Village Board,
May 15 in odd-numbered years
|
2 years
| |
|
Director of Public Works
|
Village Board
|
Indefinite
| |
|
Disposal Plant Superintendent
|
Village Board
|
Indefinite
|
B.
The Village President shall not vote on the confirmation of such
appointments, except in case of a tie.
B.
Consolidated offices. This office is a consolidated office replacing
the former offices of Village Clerk and Village Treasurer. The officer
holding the office of Clerk-Treasurer shall perform all of the duties
required of the Village Clerk and shall have all of the powers held
by the Village Clerk under the law, and primarily under the Wisconsin
Law and particularly § 61.25, Wis. Stats., and shall perform
all of the duties required of the Village Treasurer and shall have
all of the powers held by the Village Treasurer under the law, and
primarily under the Wisconsin Law and particularly § 61.26,
Wis. Stats. Such Clerk-Treasurer shall also perform such further duties
and have such further powers as may from time to time be lawfully
provided by the Village Board and perform such further duties and
have such further powers as may heretofore have been provided or given
to the Village Clerk or to the Village Treasurer.
C.
Duties.
(1)
The Village Clerk-Treasurer shall attend the meetings of the Village
Board and keep a full record of its proceedings and shall record and
sign the proceedings and all ordinances, rules, bylaws, resolutions
and regulations adopted. The Clerk-Treasurer shall sign or countersign
and keep a record of all licenses, commissions, and permits granted
or authorized by the Board, and in carrying out such duties shall
keep the following books:
(a)
A Minute Book in which shall be recorded in chronological order
full minutes of all elections, general or special, and the statements
of the inspectors therein; full minutes of all the proceedings of
the Board of Trustees; and the titles of all ordinances, rules, regulations,
and bylaws with reference to the book and page where the same may
be found.
(b)
An Ordinance Book in which shall be recorded at length in chronological
order all ordinances, rules, regulations, and bylaws.
(c)
A Finance Book in which shall be kept a full and complete record
of the finances of the Village, showing the receipts, the date, the
amount, and the source thereof, and the disbursements with the date,
amount, and object for which paid out and such other matters as the
Board prescribes.
(d)
Such other books as the Board directs.
(2)
The Clerk-Treasurer shall countersign and cause to be published or
posted every ordinance, bylaw or resolution as required by law, have
proper proof thereof made and filed and shall otherwise carry out
the provisions of the duties of Clerk as provided in § 61.25,
Wis. Stats., and such other duties as directed by the Village Board.
(3)
The Village Clerk-Treasurer shall receive all monies belonging to
or accruing to the Village from any source whatever, or which are
directed by law to be paid to such officer, and keep an accurate detailed
account of all transactions. The Clerk-Treasurer shall pay out Village
money only on written order pursuant to procedures as may be established
by the Village Board and shall carry out the duties of Treasurer as
set forth in § 61.26, Wis. Stats., and such other duties
as may be directed by the Village
Board.
(4)
The Village Clerk-Treasurer may appoint a Deputy Clerk-Treasurer,
subject to approval by a majority vote of the members of the Village
Board, who shall take and file the oath of office and, in case of
the absence, sickness, or other disability of the Clerk-Treasurer,
may perform such duties, unless the Village Board appoints a person
to act as Clerk-Treasurer during such time.
[1]
Editor's Note: This section was enacted by charter ordinance.
A.
Appointment. The Village Attorney is an appointed position. The Village Attorney shall be appointed pursuant to § 91-2, 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 conduct all of the legal business in which
the Village is interested.
(2)
He shall, when requested by Village officers, give written legal
opinions, which shall be filed with the Village.
(3)
He shall draft ordinances, bonds, and other instruments as may be
required by Village officers.
(4)
He may appoint an assistant, who shall have power to perform his
duties and for whose acts he shall be responsible to the Village.
Such assistant shall receive no compensation from the Village, unless
previously 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. The Fire Chief shall assume office pursuant to the bylaws
of the Fire Department. He shall be the Village Fire Inspector by
virtue of his office.
B.
Powers and duties of Chief.
(1)
The Chief shall have general supervision of the Department, subject
to this chapter and the bylaws of the Department, and shall be responsible
for the personnel and general efficiency of the Department.
(2)
It shall be the duty of the Chief or ranking officer of the Department
to be present at all fires, to have complete command of and entire
responsibility for all fire-fighting operations, to plan the control
of the same, to direct the action of the company when it arrives at
a fire, to observe that the Department does its duty, to grant leaves
of absence at a fire when he may deem it proper and to see that the
fire apparatus is kept in proper condition at all times.
(3)
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.
The Weed Commissioner shall be appointed pursuant to § 91-2. The Weed Commissioner shall take the official oath, which oath shall be filed in the office of the Village Clerk-Treasurer. The Weed Commissioner shall hold office pursuant to and fulfill the duties set out in state law.
A.
B.
Duties and powers. The Director of Public Works shall have the following
duties and powers:
(1)
He shall have general charge and supervision of all public works
in the Village.
(2)
He 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 control.
(3)
He shall have charge of all public services, including garbage and
refuse collection and disposal, snow and ice removal, street cleaning
and flushing, and mosquito and rodent control.
(4)
He shall perform such other activities and duties as are imposed
upon him from time to time by the Village Board, his job description
or employment contract.
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 Wisconsin 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 pursuant to § 91-2. 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.[2]
[2]
Editor's Note: Original Sec. 2-3-9, Village Constables,
of the 1993 Code of Ordinances and which immediately followed this
subsection, was repealed 8-19-2014 by charter ordinance. Said ordinance
discontinued the office of Village Constable.
[1]
Editor's Note: This section was enacted by charter ordinance.
B.
Duties. A superintendent of the disposal plant shall be hired by
the Village Board. He shall work under the direction of and be responsible
to the Director of Public Works for the maintenance and operation
of the sewage disposal plant and the efficient disposal of all sewage.
He shall annually recommend a budget to the Director of Public Works
covering an estimate of the cost to maintain the services under his
jurisdiction.
A.
No person shall be elected by the people to a Village office who
is not at the time of his 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 duties
and within five days after notice of his 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, Subch. 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.
C.
Temporary incapacitation. If any officer is 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.
Village officers must observe the standards of care imposed
by § 19.21, Wis. Stats., with respect to the care and custody
of official property.
