[HISTORY: Adopted by the Village Board of
the Village of Webster 3-13-1986 as Title 2, Ch. 3 of the 1986 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Ethics — See Ch. 34.
A.
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.
All officers and departments may make the necessary
rules for the conduct of their duties and incidental proceedings.
C.
The general laws for the punishment of bribery, misdemeanors
and corruption in office shall apply to village officers.
D.
Whenever a village official in his official capacity
proceeded against or obliged to proceed before any 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 fees.
A.
Declaration of exemption from certain statutes. Pursuant
to §§ 61.195, 61.197 and 66.0101, Wis. Stats., the
Village of Webster elects not to be governed by §§ 61.19
and 61.25(2), Wis. Stats., insofar as they relate to the selection
and tenure of the Clerk-Treasurer by election, to the extent that
such sections are in conflict with this chapter.
B.
Creation of consolidated office. The Village of Webster
hereby elects, pursuant to § 61.195, Wis. Stats., that the
offices of Village Clerk and Village Treasurer shall be combined and
that the official to perform the duties of such office after its combination
and merger shall be selected as herein provided.
C.
Appointment; term. The office of Clerk-Treasurer shall
be an appointive office. Said person so appointed to perform the duties
of such offices shall hold office for an indefinite term, subject
to be removed as provided in § 17.12(1)(c) and (d), Wis.
Stats.
D.
Duties.
(1)
Such person appointed to perform the duties of the
combined offices shall perform all duties required of both offices
as provided by law and such other duties as are requested to be executed
by such person by the Village Board from time to time, as well as
such other and further duties with reference to the operation of and
administration of the water and sewer facilities of the village.
(2)
In addition to the duties enumerated in § 61.25,
Wis. Stats., the Village Clerk-Treasurer shall keep such books as
shall be deemed necessary by the Public Service Commission of Wisconsin
and the Village Board for the records of the sewer and water utilities
of the village.
E.
Audit. Annual recurring audits shall be made of the
records of such official, and such audit shall be made either by a
certified public accountant or by the Municipal Accounting Division
of the State Department of Revenue, the designation to be made by
the Village Board.
[Amended 6-13-2001]
The Village President may appoint a Deputy Clerk-Treasurer,
subject to confirmation by a majority of all the members of the Village
Board. The Deputy Clerk-Treasurer shall serve at the pleasure of the
Village Board. The Deputy Clerk-Treasurer shall act under the Clerk-Treasurer's
direction and, during the temporary absence or disability of the Clerk-Treasurer
or during a vacancy in such office, shall perform the duties of Clerk-Treasurer.
The acts of the Deputy shall be covered by official bond as the Village
Board shall direct.
A.
Appointment. The office of Village Attorney is an
appointed position. The Village President may appoint a Village Attorney
at the first regular meeting of the Board in May in odd-numbered years,
subject to confirmation by a majority of the members of the Village
Board. The Village Attorney's term shall commence on the first day
of May succeeding his appointment.
B.
The Village Attorney shall have the following duties:
(1)
The Attorney shall conduct all of the law business
in which the village is interested.
(2)
He shall, when requested by village officers, given
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.
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 of the Webster Rural Fire
Association shall be selected pursuant to the bylaws of that organization.
B.
Duties and powers. The Chief shall have general supervision
of the Webster Rural Fire Association personnel, apparatus and equipment,
subject to the ordinances of the village and the bylaws of the department.
He shall be present at all fires and command all fire-fighting operations.
He shall enforce or cause to be enforced all fire prevention ordinances,
laws and regulations of the village and state. The Fire Chief may
make such further rules, regulations and policies for the government
of the Fire Department as he may deem necessary. He shall be the Fire
Inspector by virtue of his office.
A.
The Village of Webster hereby elects not to be governed
by those portions of § 61.19, Wis. Stats., relating to the
method of selection of the Village Assessor, which are in conflict
with this section. (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 two-thirds vote of the members-elect of the Village
Board. 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 or 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.
C.
The Assessor shall hold office for an indefinite term,
subject to removal as provided by law.
[1]
Editor’s Note: Former § 60-7, Weed Commissioner,
was repealed 5-9-2018 by Ord. No. 2018-01.
A.
Appointment.
(1)
The Chief of Police shall be appointed by the Village
Board. The Chief of Police shall hold office during good behavior,
subject to suspension or removal by the Board. The Chief of Police
shall serve a probationary period of six months, unless otherwise
approved for a different period by the Village Board or if extended
for a just cause by the Village Board. During the probationary period,
the Village Board may, at its option, lay off, or terminate with or
without cause, said probationary employee without recourse to any
grievance and arbitration procedures.
(2)
The compensation to be paid the Chief of Police for
his or her services, the hours of active duty, rest days, vacation
periods and other involvement of his or her employment shall be such
as may be determined by the Village Board from time to time.
B.
General description of duties. The Chief of Police:
[Amended 6-13-2001]
(1)
Is a "working Chief" who is responsible for specific
and general law enforcement activities on a regularly scheduled shift.
(2)
Performs or directs the administration of the department
and directs the work activities, training and supervision of all employees.
(3)
Makes regular inspection of department equipment,
keeping those items in good working order as their training allows
and reporting defects, expenditures or malfunctions of equipment to
the Village Board for repair or replacement.
(4)
Provides assistance to the general public by providing
information relative to other service agencies or businesses, directions
to locations and motorist service assistance.
(5)
Serves warrants, civil and criminal process papers.
(6)
Assists other municipal departments as requested or
by reporting observations of deficiencies, failure or damage to equipment
or property under the control of those respective departments.
(7)
Provides assistance to other law enforcement, corrections,
victim services and social service agencies within this municipal
jurisdiction and also provides assistance to those agencies for reported
emergencies occurring outside this municipality, when requested to
do so.
(8)
Participates in training to comply with and maintain
law enforcement certification standards prescribed by the Wisconsin
Department of Justice, Training and Standards Bureau guidelines and
any which may be prescribed by this department.
(9)
Inspects buildings within the municipality after regular
business hours to assure that they are locked and reports any discrepancies
to business owners immediately.
(10)
Performs other duties as required by the Village Board
which may include, but are not limited to, foot patrol, nonuniform
assignment and administrative assistance.
C.
Administrative duties. The Chief of Police:
[Amended 6-13-2001]
(1)
Plans, directs, delegates and supervises the daily
patrol, investigation and reporting activities of all department members.
(2)
Formulates and administers department rules and policy
with regard to all law enforcement activity and provides for the compliance
therewith by all department members.
(3)
Advises and assists patrol officers on non-routine
investigations.
(4)
Participates as requested in community meetings to
provide the public with information on the function and activities
of the department.
(5)
Directs and participates in training of department
members so that requirements of the Wisconsin Department of Justice,
Training and Standards Bureau guidelines are maintained.
(6)
Attends meetings of the Village Board and its committee
when required, providing information or advice as necessary.
(7)
Maintains personnel and training records for employees
and maintains log books of all on-duty hours.
(8)
Keeps and supervises all other department records
as required by state statutes.
D.
Traffic. The Chief of Police shall:
[Amended 6-13-2001]
(1)
Promote public safety through enforcement by the issuance
of citations, repair notices and warnings.
(2)
Conduct traffic accident investigations, preparing
all associated reports, including making suggestions for use of regulatory
signs to reduce traffic hazards for motorists, bicyclists and pedestrians.
(3)
Promote traffic safety education to the public through
public appearances and the media when possible or as requested.
(4)
Direct and control traffic as required.
E.
Enforcement of criminal laws and local ordinances.
The Chief of Police shall:
[Added 6-13-2001]
(1)
Enforce all village ordinances and issue warnings
and/or citations for any violations and issue citations after issuance
of warnings for any violations if compliance is not met within 30
days.
(2)
Encourage violators to attend village meetings if
the violator disputes issued warnings/citations.
(3)
Require compliance with state, federal and municipal
laws by providing public education through personal contacts and public
appearances.
(4)
Discourage criminal activity through patrol activities
in residential, retail and industrial areas.
(5)
Conduct criminal investigations, gather evidence,
take photographs, prepare required reports and testify in court as
required.
(6)
Arrest, control and transport arrested persons or
persons taken into protective custody to appropriate detention or
medical facilities as directed by department policy.
(7)
Provide aid or direct crime victims to agencies which
provide aid or assistance to crime victims.
(8)
Assist all other law enforcement agencies in their
investigation of criminal activity or the apprehension of offenders
by providing requested information or physical assistance should their
investigation indicate the person or information being sought is or
may be located within the community.
A.
Appointment. The Director of Public Works shall be
appointed by a majority vote of the Village Board solely on the basis
of merit, training, experience, administrative ability, efficiency
and general qualifications and fitness for performing the duties of
the position.
B.
Term. The Director of Public Works shall hold office
for an indefinite term subject to removal for cause after a public
hearing by a three-fourths vote of the Village Board.
C.
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.
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.
Requirement. Within five days after the election or
appointment of any village officer, the Village Clerk-Treasurer shall
notify the person so selected thereof, and every person elected or
appointed to an office shall, within five days after notice of election
or appointment, take and file the official oath.
[Amended 6-13-2001]
B.
Form; procedure. The form, filing and general procedure
for the taking of oaths shall be governed by Chapter 19, Subchapter
I, Wis. Stats.
A.
How occurring. Except as provided in Subsection C below, vacancies in elective positions occur as provided in §§ 17.03 and 17.035, Wis. Stats.
B.
How filled. Vacancies in elective offices shall be
filled by appointment by a majority vote of the Village Board for
the remainder of the unexpired term. Vacancies in appointive offices
shall be filled in the same manner as the original appointment for
the remainder of the unexpired term, unless the term for such office
is indefinite.
[Amended 6-13-2001]
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.
Every bond required of a village officer shall
be executed with sufficient sureties in a sum fixed by the Village
Board when not otherwise prescribed and be approved by the Village
President.
