City of Nekoosa, WI Article I Form of Government and City Officials

§ 1.01 Form of government.

The City of Nekoosa operates under the Mayor-Council system of government.

§ 1.02 Elected officials.

(1) Mayor. The Mayor shall be elected in even-numbered years for a term of two years.

(2) Alderpersons. The Council shall consist of eight Alderpersons elected for two-year terms. One Alderperson shall be elected annually from each of the four aldermanic districts.[1]

[1] Editor's Note: Original § 1.02(3) and (4), which immediately followed this subsection, were repealed by Ord. No. 428.

§ 1.03 Appointed officials.

Official		Appointed By	Term
(1)	City Treasurer [Charter Ord. No. 397; amended 9-14-2021 by Ord. No. 613]	Mayor, confirmation by Council upon recommendation of the Personnel Committee	Indefinite
(1a)	City Clerk [Charter Ord. No. 428, effective 4-30-1990; amended 9-14-2021 by Ord. No. 613]	Mayor, confirmation by Council upon recommendation of the Personnel Committee	Indefinite
(2)	Deputy Clerk/Treasurer [Amended 9-14-2021 by Ord. No. 613]	Mayor, confirmation by Council upon recommendation of the Personnel Committee	Indefinite
(3)	City Attorney [Charter Ord. No. 421, effective 4-30-1988]	Mayor, confirmation by Council	Indefinite
(3a)	City Assessor [Charter Ord. No. 428, effective 4-30-1990]	Mayor, confirmation by Council	Indefinite
(4)	Chief of Police [Amended 9-14-2021 by Ord. No. 613]	Mayor, confirmation by Council upon recommendation of the Personnel Committee	Indefinite
(5)	Fire Chief [Amended 9-14-2021 by Ord. No. 613]	Mayor, confirmation by Council upon recommendation of the Personnel Committee	Indefinite
(6)	Assistant Fire Chief [Amended 9-14-2021 by Ord. No. 613]	Mayor, confirmation by Council upon recommendation of the Personnel Committee	Indefinite
(7)	Ambulance Chief [Amended 9-14-2021 by Ord. No. 613]	Mayor, confirmation by Council upon recommendation of the Personnel Committee	Indefinite
(8)	Assistant Ambulance Chief [Amended 9-14-2021 by Ord. No. 613]	Mayor, confirmation by Council upon recommendation of the Personnel Committee	Indefinite
(9)	Director of Public Works [Amended 9-14-2021 by Ord. No. 613]	Mayor, confirmation by Council upon recommendation of the Personnel Committee	Indefinite
(10)	Building Inspector [Amended 9-14-2021 by Ord. No. 613]	Mayor, confirmation by Council	Indefinite
(11)	Zoning Administrator [Amended 9-14-2021 by Ord. No. 613]	Mayor, confirmation by Council	Indefinite
(12)	Librarian	Council, upon recommendation of the Library Board	Indefinite
(13)	Parks and Recreation Director [Amended 9-14-2021 by Ord. No. 613]	Mayor, confirmation by Council upon recommendation of the Personnel Committee	Indefinite
(14)	City Forester [Amended 9-14-2021 by Ord. No. 613]	Mayor, confirmation by Council	Indefinite
(15)	Municipal Court Prosecutor [Added 9-11-2018 by Ord. No. 600]	Mayor, confirmation by Council	Indefinite
(16)	Weed Commissioner [Amended 9-14-2021 by Ord. No. 613[1]]	Mayor, confirmation by Council	Indefinite

[1] Editor's Note: This ordinance also repealed former (16), Sewer and Water Superintendent, and renumbered former (17) as (16).

§ 1.04 General provisions relating to City officials.

(1) Salaries and fringe benefits. The salaries and fringe benefits of City officers and employees shall, from time to time, be established by the Council in accordance with state law and the City Personnel Policy, as recommended by the Personnel Committee.

[Amended 9-14-2021 by Ord. No. 614]

(2) Powers and duties of City officials. City officials mandated under § 62.09, Wis. Stats., shall have the powers and duties prescribed by law and, except for the Mayor, shall perform such duties as shall be required of them by the Council. Other City officials shall perform the duties prescribed by the Council.

(3) Multiple offices. The Council may elect to appoint the same person to two or more compatible offices.

(4) Removal from office. All City officials, except the Police Chief, may be removed from office for cause by a majority of the members-elect of the Council.[1]

[1] Editor’s Note: Former § 1.04(5), Residency required, was repealed 6-12-2018 by Ord. No. 594.

§ 1.05 (Reserved) [1]

[1] Editor's Note: Original § 1.05, Receipt of gifts and gratuities prohibited, has been deleted as superseded by Ord. No. 551. See Art. V, Code of Ethics, of this chapter.

§ 1.06 (Reserved) [1]

[1] Editor's Note: Original § 1.06, Disclosure of interest in legislation, has been deleted as superseded by Ord. No. 551. See Art. V, Code of Ethics, of this chapter.

§ 1.07 Municipal Court.

[Added by Ord. No. 530]

(1) Jurisdiction. The Municipal Court shall have jurisdiction over incidents occurring on or after June 1, 2006, as provided in Article VII, § 14, of the Wisconsin Constitution, §§ 755.045 and 755.05, Wis. Stats., and as otherwise provided by state law. In addition, it shall have exclusive jurisdiction over actions in which the municipality seeks to impose forfeitures for violations of municipal ordinances, resolutions and bylaws. The Municipal Judge may issue civil warrants to enforce matters under the jurisdiction of the Municipal Court under §§ 755.045(2) and 66.0119, Wis. Stats.

[Amended 11-12-2019 by Ord. No. 603]

(a) Pursuant to § 938.17(2)(a), Wis. Stats., the municipal court shall have concurrent jurisdiction with the juvenile court in proceedings against juveniles 12 years of age or older for violations of City ordinances and, except as provided for in § 938.17(1), Wis. Stats., shall have exclusive jurisdiction over such juveniles for violations of a City ordinance enacted under Chapter 349, Wis. Stats., that is in conformity with Chapters 341 to 349, Wis. Stats.

(b) Pursuant to § 938.17(2)(cm) and (d), Wis. Stats., the City authorizes the court to impose all of the dispositions set forth in §§ 938.237, 938.37, 938.342, 938.343 and 938.344 and all of the sanctions set forth in § 938.355(6)(d) and (6m), Wis. Stats.

(2) Municipal Judge.

(a) Office created. There is hereby created the office of Municipal Judge of the Municipal Court of the City of Nekoosa. The Municipal Judge shall be a resident of the City.

(b) Oath; bond. The Judge shall, after election or appointment to fill a vacancy, take and file the official oath as prescribed in § 757.02(1), Wis. Stats., and file such oath with the Wood County Clerk of Courts. At the same time, the Judge shall execute and file an indemnity bond with the City Clerk, in an amount not less than $5,000. The Judge shall not act until the oath and bond have been filed as required by § 19.01(4)(c), Wis. Stats., and the requirements of § 755.03, Wis. Stats., have been complied with.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).

(c) Salary. The Municipal Judge shall receive a salary as determined by the Council, which shall be in lieu of fees and costs. The salary may be increased by the Council before the start of the second or subsequent year of service of the term of the Judge but shall not be decreased during a term.

(d) Election. The Municipal Judge shall be elected at large for a term of four years and shall take office on May 1 following the election.

[Amended 12-14-2010 by Ord. No. 553[2]]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).

(3) Operation of Municipal Court. The Municipal Court for the City shall be open as determined by order of the Municipal Judge. The Judge shall, in writing, appoint such clerks and deputy clerks as are authorized by the Council. Their salaries shall be fixed by the Council. The Municipal Judge shall keep his/her office and hold court in the Municipal Building. However, the Municipal Judge may issue process and perform ministerial functions at any place in the county.

(4) Collection of forfeitures and costs. The Municipal Court shall collect all forfeitures, penalty assessments, fees and taxable costs in any action or proceeding and shall pay over such monies to the City Treasurer within 30 days of collection. At such time, the Municipal Court shall report to the Treasurer the title, nature of offenses and total amount of judgments imposed in actions and proceedings in which such monies were collected.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).

(5) Contempt of Court. The Municipal Court contempt procedure shall be as prescribed in § 800.12, Wis. Stats.[4]

[4] Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).

(6) Stipulations and deposits.[5]

(a) Deposits. The Municipal Judge shall establish and submit to the Council for approval a schedule of deposits for violations of City ordinances, resolutions and bylaws. The deposit schedule established by the Wisconsin Judicial Conference and the procedures set forth in Chs. 23 and 345, Wis. Stats., shall apply to stipulations and deposits for violations of traffic regulations enacted in accordance with § 345.27, Wis. Stats., and boating regulations enacted in accordance with § 30.77, Wis. Stats.

(b) Stipulations. Persons cited for violations of City ordinances, resolutions or bylaws or violations of traffic or boating regulations for which a deposit has been established shall be permitted to make a stipulation of no contest and a deposit in lieu of court appearance as provided in §§ 800.035 and 800.09, Wis. Stats.

[5] Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).

§ 1.08 Administrative review procedure. [1]

(1) Purpose. The purpose of this section is to afford a constitutionally sufficient, fair and orderly administrative procedure and review in connection with determinations by all City officers, employees, agents, agencies, committees, boards and commissions which may involve constitutionally protected rights of specific persons which are entitled to due process protection under the 14th Amendment to the United States Constitution. Chapter 68, Wis. Stats., relating to municipal administrative review procedure, shall be in full force and effect in the City, except as to those provisions otherwise provided in this section.

(2) Review of initial determination. Upon the filing of a written request by any person aggrieved to review an initial determination filed pursuant to the provisions of § 68.08, Wis. Stats., all City officers, employees, agents, agencies, committees, boards and commissions receiving such a request shall conduct administrative reviews of their own determinations in accordance with § 68.09, Wis. Stats. In addition, all such written requests shall be immediately referred to the City Attorney.

(3) Determinations reviewable. The determinations reviewable under this section are as follows:

(a) The grant or denial, in whole or in part, after application of an initial permit, license, right, privilege or authority, except a fermented malt beverage or intoxicating liquor license.

(b) The suspension, revocation or nonrenewal of an existing permit, license, right, privilege or authority, except as provided in Subsection (4) below.

(c) The denial of a grant of money or other thing of substantial value under a statute or ordinance prescribing conditions of eligibility for such grant.

(d) The imposition of a penalty or sanction upon any person except a City employee or officer, other than by a court.

(4) Determinations not subject to review. Except as provided in Subsection (3) above, the following determinations are not reviewable under this section:

(a) A legislative enactment, which is an ordinance, resolution or adopted motion of the Council.

(b) Any action subject to administrative or judicial review procedures under statutes other than Ch. 68, Wis. Stats.

(c) The denial of a tort or contract claim for money, required to be filed with the City pursuant to statutory procedures for the filing of such claims.

(d) The suspension, removal or disciplining or nonrenewal of a contract of a City employee or officer.

(e) The grant, denial, suspension or revocation of a fermented malt beverage license or intoxicating liquor license under § 125.12(1), (2) and (3), Wis. Stats.

(f) Judgments and orders of a court.

(g) Determinations made during City labor negotiations.

(h) Any action which is subject to administrative review procedures as otherwise provided in this Code.

(i) Notwithstanding any other provision of this section, any action or determination of a City authority which does not involve the constitutionally protected right of a specific person or persons to due process in connection with the action or determination.

(5) Administrative Review Appeals Board.

(a) Membership. See § 1.22(1) of this chapter.

(b) Powers and duties. The Board shall have the duty and responsibility of hearing appeals from initial determinations of administrative determinations or decisions of City officers, employees, agents, agencies, committees, boards and commissions filed in accordance with § 68.10, Wis. Stats. In conducting administrative review hearings and making final decisions, the Board shall be governed by §§ 68.11 and 68.12, Wis. Stats.

(6) Conflicting Code provisions. The provisions of this section shall not be deemed to repeal or supersede the provisions of any other section of this Code in conflict herewith or providing other procedures for review of administrative determinations within the City except when otherwise specifically provided in said sections.

[1] Editor's Note: Added at time of adoption of Code (see Ch. 25, General Provisions, Art. II).

§ 1.09 Emergency management. [1]

(1) County ordinance adopted by reference. A joint action ordinance of the Board of Supervisors of Wood County providing for a county-municipal joint action emergency management plan of organization, adopted by said County Board, is made a part hereof, by reference, and is hereby ratified and accepted by the City of Nekoosa, Wood County, Wisconsin. This ratification and acceptance of the Joint Action Ordinance shall constitute a mutual agreement between the City of Nekoosa and Wood County as provided by said Joint Action Ordinance.

(2) Emergency Management Director. The County-Municipal Emergency Management Director, appointed and employed by the Wood County Board, as provided in the referred-to ordinance, is hereby designated and appointed Emergency Management Director for the City of Nekoosa, subject to the conditions and provisions as set forth in the Wisconsin Statutes and the Wood County Joint Action Ordinance.

(3) Deputy Emergency Management Director. The Mayor shall serve as the Deputy Emergency Management Director.

[1] Editor's Note: Added at time of adoption of Code (see Ch. 25, General Provisions, Art. II).

§ 1.10 through § 1.15. (Reserved)