City of South Milwaukee, WI Chapter 5 Administrative Affairs

[HISTORY: Adopted by the City Council of the City of South Milwaukee. Amendments noted where applicable.]

§ 5.01 through § 5.10. (Reserved) [1]

[1] Editor's Note: Former §§ 5.01 through 5.07, dealing with the Board of Purchases, were repealed 3-2-1993 by Ord. No. 1531 and 6-20-1995 by Ord. No. 1614. Former § 5.09, City Clerk shall keep order book, was repealed 4-20-2021 by Ord. No. 2209.

§ 5.11 System of approving financial claims.

A. Chapter 66.044, Wis. Stats., providing for an alternative system of approving financial claims is hereby and herewith adopted.

B. The system heretofore existing as set out in §§ 62.01(10), 62.11, 62.12, 62.25, 61.25(6), and 61.51, Wis. Stats., and other relevant statutory provisions for the allowance and payment of claims are hereby and herewith discontinued.

C. Payment for all financial claims may be made from the City Treasury after the City Clerk shall have audited and approved each such claim as a proper charge against the treasury and shall have endorsed his or her approval thereon after having determined that the following conditions have been complied with:

[Amended 4-20-2021 by Ord. No. 2209]

(1) That funds are available therefore pursuant to the budget approved by the Council.

(2) That the item or service covered by such claim has been duly authorized by the proper official, department head, board or commission.

(3) That the item or service has been actually supplied or rendered in conformity with such authorization.

(4) That the claim is just and valid pursuant to law. The Clerk may require the submission of such proof and evidence to support the foregoing as in his or her discretion he may deem necessary.

D. The City Clerk shall file with the Common Council at each Regular Monthly meeting thereof, a list of the claims approved, showing the date paid, name of claimant, purpose and amount.

E. The Common Council shall authorize an annual detailed audit of its financial transactions and accounts by a public accountant licenses under the provision of Chapter 135 of the Wisconsin Statutes, the designation to be made by the Common Council.

F. [1]The City Clerk shall forward to the Council any claim that he feels is doubtful, irregular or unusual for formal approval or denial by the Council.

[Amended 8-30-1956 by Ord. No. 555]

[1] Editor's Note: Former Subsection F, regarding obtaining and maintaining a fidelity bond, as amended, was repealed 4-20-2021 by Ord. No. 2209. This ordinance also provided for the redesignation of former Subsection G as Subsection F.

§ 5.11.1 Withdrawal of public funds and use of facsimile signatures on City order checks.

A. All disbursements of the City Funds shall be made by City Order Checks, pursuant to the provisions of § 66.042(2), Wis. Stats. No such order check shall be released to the payee nor shall same be valid unless signed by the Clerk and Treasurer.

B. All of the checks drawn upon public depositories of the City of South Milwaukee shall be countersigned by the Mayor for all accounts except that order checks upon the South Milwaukee Water Department Fund Account shall be signed by the President of the Water Commission.

[Amended 10-17-1978 by Ord. No. 1078; 4-21-1998 by Ord. No. 1705]

C. In lieu of the personal signatures of the Clerk and Treasurer and the countersignatures of each order check of the City of South Milwaukee, there may be affirmed on such order check the facsimile signature of such Clerk, Treasurer and countersigning officers adopted by them and approved by resolution of the Common Council. The use of the facsimile signature by such officers shall be subject to the provisions of § 66.042(2), Wis. Stats., and acts amendatory thereof.

[Added 9-4-1952 by Ord. No. 474]

§ 5.12 (Reserved) [1]

[1] Editor's Note: Former § 5.12, Annual financial statement, was repealed 4-20-2021 by Ord. No. 2209.

§ 5.13 City Clerk may hire deputy.

[Amended 4-20-2021 by Ord. No. 2209]

The City Clerk may engage a deputy to enable him or her to carry out the provisions of §§ 5.08 to 5.12 inclusive of the South Milwaukee Code and to assist him or her generally in the performance of his or her duties at a salary to be determined and fixed by the Common Council as in the case of salaries of other City Employees; such deputy shall hold office at the pleasure of and be subject to the orders of the City Clerk.

§ 5.14 (Reserved) [1]

[1] Editor's Note: Former § 5.14, Municipal Reserve Fund, adopted 1-5-1943 by Charter Ordinance, was repealed 4-20-2021 by Ord. No. 2209; 5-18-2021 by Ord. No. 2210.

§ 5.15 City liable for taxes paid to City Treasurer.

[Amended 10-29-1953 by Ord. No. 499]

Pursuant to the authority granted by § 70.67(2), Wis. Stats., the Common Council of the City of South Milwaukee hereby agrees and binds the City of South Milwaukee to pay, in case the City Treasurer shall fail to do so, all taxes of any kind required by law to be paid by the City Treasurer to the County Treasurer.

§ 5.16 Tax receipts - method of preparation.

[Amended 4-20-2021 by Ord. No. 2209]

A. The City of South Milwaukee elects to prepare its tax receipts in accordance with the method provided for by § 74.09, Wis. Stats.

B. Pursuant to § 74.09, Wis. Stats., the aggregate amount of state, county, local, school and other taxes, while § 5.15 of this chapter of the South Milwaukee Code are in effect, shall be carried in a single column on the property tax receipts/bills of the City of South Milwaukee. There shall be printed or stamped on said property tax receipts to separate proportion or rate of taxes levied for state, county, local, school and other purposes.

§ 5.17 Use of City Hall.

A. The City Clerk shall be Superintendent of the City Hall Building, and it is hereby made his or her duty to have the buildings kept in a clean and neat condition at all times and to have charge of the buildings at all times and for that purpose shall have authority to employ the necessary help to aid in cleaning the City Hall Building.

[Amended 10-29-1953 by Ord. No. 499; 4-21-1998 by Ord. No. 1705; 4-20-2021 by Ord. No. 2209]

B. Except when necessary to accommodate official meetings, the City Administration Building will be closed on all Saturdays, Sundays, and days specifically identified as paid holidays for City employees. On all other days, the City Administration Building will be open from 7:30 a.m. to 4:00 p.m.

[Amended 10-7-2014 by Ord. No. 2091]

§ 5.18 (Reserved) [1]

[1] Editor's Note: Former § 5-18, Withholding of income tax of officials and employees, as amended, was repealed 4-20-2021 by Ord. No. 2209.

§ 5.19 Election to include City personnel under the Wisconsin Municipal Retirement Fund.

A. Pursuant to § 66.90, Wis. Stats., the City of South Milwaukee hereby elects to include eligible City personnel under the provisions of the Wisconsin Municipal Retirement Fund in accordance with the terms thereof.

B. Election is hereby made to provide prior service credits at rates equal to two times the rates of municipality credits for current service, to be applicable to employees as defined by § 66.90, Wis. Stats., who are employed by the City of South Milwaukee on the effective date of this section.

C. Upon the final enactment of this section, the City Clerk shall submit a certified notice of the election made hereunder to the Board of Trustees of the Wisconsin Municipal Retirement Fund. Such notice of election shall:

(1) Be in writing;

(2) Indicate the date and results of such election;

(3) Include a certification of the prior service contribution rate selected as being applicable to the employees of the municipality;

(4) Be officially certified by the Clerk of the municipality.

D. The effective date of participation shall be January 1, 1944.

[Charter Ordinance, 10-28-1943]

§ 5.20 through § 5.23. (Reserved) [1]

[1] Editor's Note: Former § 5.20, Working hours of officials and employees, as amended; § 5.21, Vacations, as amended; § 5.22, Sick leave, as amended; and § 5.23, Election Day - hours of voting, were repealed 4-20-2021 by Ord. No. 2209.

§ 5.23.1 Election officials shifts.

[Added 10-6-2020 by Ord. No. 2204]

There may be multiple shifts for election workers on election days. The shifts will be set prior to each election as deemed necessary by the City Clerk.

§ 5.24 Advertising on municipal premises.

[Amended 3-12-1996 by Ord. No. 1636]

All advertising, notices and display of materials of every kind on any municipal building or part thereof is prohibited unless done with the consent of or at the direction of that municipal official charged with control of the building. All political advertising on municipal buildings and vehicles is prohibited. The provisions of this section are not intended to prohibit individuals from displaying messages by buttons, clothing or hand held displays which do not create a disturbance of the peace or interfere with the conduct of the regular City business. This ordinance shall not apply to municipal property rented or leased to others who are not municipal affiliated entities.

§ 5.25 Licenses to be withheld until all payments due the City of South Milwaukee by licensee are paid in full.

[Amended 8-5-2003 by Ord. No. 1845; 4-20-2021 by Ord. No. 2209]

In the event the license or permit is granted by the Common Council, the Clerk shall hold and not issue the license or permit until the Treasurer confirms that all personal property taxes, ambulance invoices, other City invoices, assessments and forfeitures due the City of South Milwaukee by the licensee have been paid in full.

§ 5.26 Administrative services and fees.

[Amended 1-7-1992 by Ord. No. 1505]

The fees for various administrative services charged to the City shall be as established by resolution of the Common Council.

§ 5.27 Public documents.

A. Custodian; requests.

(1) The City Clerk shall be the official custodian of all records pertaining to the affairs of the City except those generated and maintained by the following: Police Department, Fire Department, Health Department, Water Department, Library, Library Board, Board of Appeals, Housing Authority, Police and Fire Commission, and Municipal Court.

[Amended 4-20-2021 by Ord. No. 2209]

(2) All requests for public documents not generated and maintained by the above boards, departments and commissions shall be addressed initially to the City Clerk who shall then, in conformity with Chapter 19 of the Wisconsin Statutes and subject to the limitations of § 19.36, Wis. Stats., provide the document; or if the document is not among his or her records, refer the request to the Department Head where such document may be located. Requests for records generated and maintained by the above excluded departments, boards and commissions shall be addressed initially appropriate. Such official, department head or chairman shall then, in conformity with Chapter 19 of the Wisconsin Statutes and subject to the limitations of § 19.36, Wis. Stats., respond to the request.

[Amended 4-20-2021 by Ord. No. 2209]

(3) Any denial of the request for a document by the City Clerk or any Department Head or other individual shall specify the reason for the denial, and shall advise the requester that review of the denial is available by petition for a writ of mandamus under § 19.37(1) or upon application to the Attorney General or District Attorney. Any request which does not sufficiently identify the document or record sought so that a reasonable person can discern the object or request shall be denied for that reason.

(4) The cost charged for any copying shall be the actual cost incurred. The cost for mailing is an actual cost. The cost charged for any search shall be imposed only when such cost exceeds $50.

B. Destruction of records.

(1) City Officers may destroy the following non-utility financial records of which they are the legal custodians and which are considered obsolete, after completion of any required audit by the Bureau of Municipal Audit or an auditor licensed under Chapter 442 of the Wisconsin Statutes, but not less than seven years after payment or receipt of any sum involved in the particular transaction, unless a longer or shorter period has been fixed by the State Public Records Board pursuant to § 16.61(3)(e), Wis. Stats., and then after such shorter period:

(a) Bank statements, bank reconciliations, deposit books, slips and stubs, investment records.

(b) Bonds and coupons after maturity.

(c) Cancelled checks, duplicates and check stubs.

(d) License and permit applications, stubs and duplicates.

(e) Payrolls and other time and employment records of personnel.

(f) Receipt forms.

(g) Special assessment records and tax rolls.

(h) Vouchers, requisitions, purchase orders and all other supporting documents pertaining thereto.

(i) Budget work papers.

(j) Financial reports and records other than annual financial reports.

(2) City Officers may destroy utility records of which they are the legal custodians and which are considered obsolete after completion of any required audit by the Bureau of Municipal Audit or an auditor licensed under Chapter 442 of the Wisconsin Statutes, subject to State Public Service Commission regulations, but not less than seven years after the record was effective unless a shorter period has been fixed by the State Public Records Board pursuant to § 16.61(3)(e), Wis. Stats., and then after such shorter period, except that water stubs, receipts of current billings and customers' ledgers may be destroyed not less than two billings and customers' ledgers may be destroyed not less than two years after payment or receipt of the sum involved or the effective date of said record.

(a) Contracts and papers relating thereto.

(b) Excavation permits.

(c) Inspection records.

(3) City Officers may destroy the following records of which they are the legal custodian and which are considered to be obsolete, but not less than seven years after the record was effective unless another period has been fixed by the State Public Records Board pursuant to § 16.61(3)(e), Wis. Stats., and then after such a shorter period.

(a) Contracts and papers relating thereto.

(b) Correspondence and communications.

(c) Board of Review proceedings and determinations.

(d) Municipal Court records.

(e) Oaths of Office.

(f) Reports of boards, commissions, committees and officials duplicated in the Common Council proceedings.

(g) Election notices and proofs of publication.

(h) Cancelled voter registration cards.

(i) Official bonds.

(j) Police records.

(k) Assessment records and rolls.

(l) Health Department records.

(m) Employment records.

(4) Notwithstanding the above provisions appearing in this section, it is intended hereby that election materials may be destroyed according to lesser time schedules as made and provided in § 7.23, Wis. Stats.

(5) Unless notice is waived by the State Historical Society, at least 60 days' notice shall be given the State Historical Society prior to the destruction of any record as provided by § 19.21(4)(a), Wis. Stats.

(6) Any audio recordings of a governmental meeting of the City may be destroyed, erased or reused no sooner than 90 days after the minutes of the meeting have been approved and published, if the purpose of the recording was to make minutes of the meeting.[1]

[Amended 4-20-2021 by Ord. No. 2209]

[1] Editor's Note: Former Subsection C, Preservation through microfilm, as amended, and which immediately followed this subsection, was repealed 4-20-2021 by Ord. No. 2209.

§ 5.28 Installment payments of property tax bills.

A. Payment in full. Real Property Taxes not paid pursuant to the following installment schedule are due on January 31 of the tax levy year. Special assessments, special charges and special taxes are due on January 31 of the tax levy year. Personal Property Taxes are due on January 31 of the tax levy year.

[Amended 8-15-1989 by Ord. No. 1438]

B. Installments. Real property taxes may be paid in installments with the first installment of 50% due January 31, second installment of 25% due April 30, and third installment of 25% due July 31.

[Added 4-20-2021 by Ord. No. 2209[1]]

[1] Editor's Note: This ordinance also provided for the redesignation of former Subsection B as Subsection C.

C. Delinquent taxes - interest charged.

(1) When the first installment of real property taxes is not paid on or before January 31, the whole amount of such real property tax is then due and payable and shall be collected by the City Treasurer, together with special assessments, special charges and personal property taxes. All such taxes and charges remaining unpaid on February 1 shall be delinquent and shall be collected by the City Treasurer with interest at the rate of 1% and a late charge penalty of 0.5%. Interest and penalties shall be charged from the preceding February 1. If the second or third installments are missed, all interest and penalties shall be charged from the preceding February 1 similarly.

[Amended 12-5-1989 by Ord. No. 1449; 4-20-2021 by Ord. No. 2209]

§ 5.29 (Reserved) [1]

[1] Editor's Note: Former § 5.29, Regulation of smoking and clean indoor air, was repealed 6-1-2010 by Ord. No. 2005. See now § 23.30.

§ 5.30 Mandating of employee benefits for private businesses.

[Added 12-16-2008 by Ord. No. 1985]

No ordinance of the City of South Milwaukee nor any other municipal ordinance, rule, or regulation shall mandate that any person, partnership, limited liability corporation or other corporation or business entity of any kind, other than the City itself, shall provide certain wages or benefits to its employees or set the amount or type of any employee wages or benefits to be provided by an employer located within the City limits.