[HISTORY: Adopted by the Town Board of the
Town of Woodruff 2-11-1986 as §§ 1.01 to 1.07 and 1.10 to 1.15 of the
1986 Code; amended in its entirety 4-22-2008. Subsequent amendments noted where applicable.]
A.
Elected Town officers. Pursuant to § 170-1 of this Code, the Town shall elect a Chairperson and four Supervisors.
B.
Restrictions.
(1)
Only an elector of the Town may hold a Town office,
other than an Assessor appointed under § 60.307, Wis. Stats.,
if the Town elects to change the office of Assessor to an appointed
position.
(2)
No person may hold the offices of Town Treasurer and
Town Assessor at the same time. No person may assume the office of
Town Assessor unless certified by the Wisconsin Department of Revenue,
under § 73.09, Wis. Stats., as qualified to perform the
functions of the office of Town Assessor. If the Town reverts to a
system of electing instead of appointing the Assessor and a person
is elected to the office and is not certified by June 1 of the year
elected, the office is vacant and the Town Board shall fill the vacancy
from a list of persons certified by the Wisconsin Department of Revenue.
C.
Notice of election. Within five days after completion
of the canvass under § 7.53, Wis. Stats., the Town Clerk
shall transmit a notice of election to each person elected to a Town
office.
D.
Term of office.
(1)
Every elected Town officer shall hold the office for
two years.
(2)
The regular term of elected Town officers, other than
the Town Assessor, if elected, commences on the third Tuesday of April
in the year of their election.
[Amended 9-24-2013]
(3)
The terms of elected Town officers which shall expire after 11:59
p.m. on the second Monday of April in either April 2012 or April 2013
shall be extended until the third Tuesday of April in the same year
in which the terms would otherwise have expired.
[Added 3-6-2012]
E.
Appointed officials. The following Town officials
shall be appointed in the manner and for the term indicated:
|
Official
|
How Appointed
|
Term
| |
|---|---|---|---|
|
Assessor
|
Town Board
|
Indefinite
| |
|
Attorney
|
Town Board
|
Indefinite
| |
|
Building Inspector
|
Town Board
|
Indefinite
| |
|
Fire Chief/Fire Inspector
|
Town Board
|
Indefinite
| |
|
Police Chief
|
Town Board
|
Indefinite
| |
|
Weed Commissioner
|
Town Board
|
1 year
|
A.
Any person who is a qualified elector in the Town
of Woodruff may hold any elected Town office. No member of the Town
Board may, during his or her term, be eligible for any Town office
or Town position which, during such term, has been created by or the
selection to which is vested in the Town Board. Any member of the
Town Board will be eligible for such Town office or Town position
if he or she resigns from the Town Board before being appointed to
the Town office or Town position and if the office or position was
not created during his or her term in office.
B.
Certain Town offices are incompatible, by common law
and statutory law, with other Town offices and also with other county,
state or federal offices. No Town officer shall serve in both offices
at the same time. If any question or concern by any person is raised
to the Town Board regarding incompatibility of any office in the Town
of Woodruff, the Town Attorney, at the request of the Town Board,
shall review the matter and shall provide his or her written comments
to the Town Board.
A.
If any elected Town officer, other than a Supervisor,
is absent or temporarily incapacitated for any cause, the Town Board
may appoint, if there is no deputy officer for the office, a suitable
person to discharge the duties of the office until the officer returns
or the disability is removed. Appointees shall file the official oath
and bond required under § 60.31, Wis. Stats.
B.
Vacancies on the Town Board shall be filled by appointment
by the remaining Supervisors and the Town Clerk, except when the vacancy
is caused by removal by the Circuit Judge as provided by law, which
latter vacancy shall be filled by appointment by said Judge. Persons
appointed under this subsection to fill vacancies shall hold office
for the remainder of the unexpired term.
C.
If any elected Town officer, other than a Supervisor,
refuses to perform any official duty, the Town Board may appoint a
suitable person to perform those duties which the officer refuses
to perform. An appointee shall file the official oath and bond required
of the office under § 60.31, Wis. Stats. This subsection
does not preclude a finding that refusal to perform official duties
constitutes cause under § 17.13(3), Wis. Stats.
[Amended 11-14-2017]
A.
Official oath. Except as provided in Subsection D, every elected or appointed Town officer shall take and file the oath under § 19.01, Wis. Stats., within five days after notification of election or appointment. The official oath of all elected officers and appointed officers of the Town shall be filed with the Town Clerk, except that the Town Clerk shall file his or her oath with the Town Treasurer, and except that the Municipal Judge (if applicable) shall file his or her oath with the Clerk of the Circuit Court.
B.
Official
bond. The Town Clerk, Town Treasurer and elected Assessor, if applicable,
shall execute and file an official bond provided by the Town. No natural
person may be a surety on a bond under this subsection. The bond may
be furnished by a surety company under § 632.17(2), Wis.
Stats. The amount of the bond shall be fixed by the Town Board. If
the amount of the bond is not fixed by the Board, the amount shall
be the same as that required of the last incumbent of the office.
If the Town Board at any time determines that the bond is insufficient,
it may require an additional bond to be filed within 10 days in an
amount fixed by the Board. If the Town Board establishes Deputy Clerk
or Treasurer positions, such persons shall be bonded. The official
bond shall be filed with the Town Clerk, except that the Town Clerk
shall file his or her bond with the Town Treasurer, and except that
the Municipal Judge (if applicable) shall file his or her bond with
the Clerk of the Circuit Court.
C.
Treasurers
bond for tax collection purposes. The Town Treasurer shall execute
and file a tax collector bond provided by the Town. The bond may be
furnished under a surety company under § 70.67(1), Wis.
Stats. The amount of the bond shall be for all taxes levied. The bond
shall be filed with the County Treasurer and shall be in effect for
any and all periods of time that taxes can be collected by the Town
Treasurer.
D.
Exceptions.
If the Town reverts to a system of electing an Assessor and/or creates
a Municipal Court:
E.
Failure
to file oath or bond. If any person elected or appointed to a Town
office fails to file a required official oath or bond within the time
prescribed by law, the failure to file constitutes refusal to serve
in office.
A.
Established by Town Meeting or Board.
(1)
Except as provided under Subsection A(2) below, the Town Meeting shall establish the compensation of elective Town offices.
(2)
If authorized by the Town Meeting under § 60.10(2)(k),
Wis. Stats., the Town Board shall establish the compensation of elective
Town offices, other than the office of Supervisor or Chairperson.
B.
Nature of compensation. Compensation under this section
may be:
(1)
An annual salary.
(2)
A per diem compensation for each meeting necessarily
devoted to the service of the Town and the discharge of duties. Board
members or Town officials shall be the Town's authorized representative
at a meeting or be attending an authorized convention/training session
to be eligible for per diem compensation.
(3)
A combination of the above.
C.
Changes during term. Subject to Subsection D, the Town Meeting or, if authorized to establish compensation, the Town Board may make a change in the compensation of an elective Town office to take effect during the term of office.
D.
When established. Compensation under this section
shall be established prior to the latest date and time for filing
nomination papers for the office. After that date and time, no change
may be made in the compensation of the office that applies to the
current term of office.
A.
Generally. The Town Board may provide for reimbursement
of expenses necessarily incurred by any officer or employee of the
Town in the performance of official Town duties. The Board may determine
who is eligible for expense reimbursement, which expenses are reimbursable
and the amount of reimbursement. Expenses reimbursable under this
section include, but are not limited to:
B.
Manuals. The Town Board may purchase handbooks and
manuals that will materially assist Town officials and employees in
the performance of official duties.
Except for offices combined under § 60.305,
Wis. Stats., the Town may not compensate a Town officer for acting
in more than one official capacity or office of the Town at the same
time.
A.
The Town Clerk shall:
(1)
Clerk of Town Meeting. Serve as Clerk of the Town
Meeting under § 60.15, Wis. Stats.
(2)
Clerk of Town Board.
(a)
Serve as Clerk of the Town Board, attend meetings
of the Board and keep a full record of its proceedings.
(b)
File all accounts approved by the Town Board
or allowed at Town Meetings and enter a statement of the accounts
in the Town's record books.
(c)
File with the Town Board claims approved by
the Clerk, as required under § 60.44(2)(c), Wis. Stats.
(3)
Finance book. Maintain a finance book, which shall
contain a complete record of the finances of the Town, showing the
receipts, with the date, amount and source of each receipt; the disbursements,
with the date, amount and object of each disbursement; and any other
information relating to Town finances prescribed by the Town Board.
The financial records a Town Clerk is expected to maintain are in
addition to, not in lieu of, those a Town Treasurer is expected to
maintain.
(4)
Elections and appointments.
(a)
Perform the duties required by Chs. 5 to 12,
Wis. Stats., relating to elections.
(b)
Transmit to the County Clerk, within 10 days
after election or appointment and qualification of any Town Supervisor,
Treasurer, Assessor or Clerk, a written notice stating the name and
post office address of the elected or appointed officer. The Clerk
shall promptly notify the County Clerk of any subsequent changes in
such offices.
(c)
Transmit to the Clerk of Circuit Court, immediately
after the election or appointment of any Constable or Municipal Judge
in the Town, a written notice stating the name of the Constable or
Municipal Judge and the term for which elected or appointed. If the
Judge or Constable was elected or appointed to fill a vacancy in the
office, the Clerk shall include in the notice the name of the incumbent
who vacated the office.
(5)
Sale of real property. Execute the conveyance of real
property of the Town. However, prior to the sale of any property by
the Town Board, the electors attending a Town Meeting must have given
the Town Board authorization to do so.
(7)
Records.[1]
(a)
Comply with Subchapter II of Ch. 19, Wis. Stats.,
concerning any record of which the Clerk is legal custodian.
(b)
Demand and obtain the official books and papers
of any Municipal Judge if the office becomes vacant and the Judge's
successor is not elected or appointed and qualified or if any Municipal
Judge dies. The Town Clerk shall dispose of the books and papers as
required by law.
(8)
Licenses. Issue any license or permit granted by the
Town Board when any required fee has been paid.
(9)
Schools.
(a)
Perform the Clerk's duties under Chs. 115 to
121, Wis. Stats., relating to public instruction.
(b)
Within 10 days after the Clerk's election or
appointment, report his or her name and post office address to the
administrator of each cooperative educational service agency which
contains any portion of the Town. The Clerk shall report to the administrator
the name and post office address of each school district clerk within
10 days after the name and address is filed in the Clerk's office.
(c)
Make and keep in the Clerk's office a map of
the Town showing the exact boundaries of school districts within the
Town.
(d)
Apportion, as provided by law, tax revenues
collected by the Town for schools.
(10)
Highways and bridges. Perform the duties specified in Chs. 82 to 92, Wis. Stats., relating to highways, bridges and drains.
(11)
Notice of property tax revenue. Notify the Clerk of
the county in which the Town is located, by March 15, of the proportion
of property tax revenue and the credits under § 79.10, Wis.
Stats., that is to be disbursed by the County Clerk to each taxing
jurisdiction located in the Town.
(12)
Statement of indebtedness to Secretary of State. Furnish,
pursuant to § 69.68, Wis. Stats., a full and complete summary
of the bonded indebtedness and all other indebtedness, the purpose
for which the sum was incurred and accrued interest, if any, remaining
unpaid to the Secretary of State.
(13)
Managed Forest Law. Receive copies from the Department
of Natural Resources of all petitions for entry under the Managed
Forest Law of all lands in the Town pursuant to § 77.82(5),
Wis. Stats. The Town Clerk shall receive copies of notice of hearings
established pursuant to § 77.82(6), Wis. Stats., and copies
of any orders issued pursuant to § 77.82(8), Wis. Stats.
(14)
Notice of cessation of operations. Receive the appropriate
notice, pursuant to § 109.07, Wis. Stats., of mergers, liquidation,
disposition, relocation or cessation of operations from any employer
in the Town; the Town Clerk shall then immediately inform the Town
Board of receipt of such information.
(15)
Receipt and publication of assessment roll. Receive
the assessment roll and then publish a Class 1 notice, if applicable,
or post notice under Ch. 985, Wis. Stats. The notice will provide
that in the noted days the assessment roll will be open for examination
by the taxable inhabitants.
(16)
Rabies control program. Promptly post notice in at
least three public places in the Town pursuant to § 95.21(3),
Wis. Stats., with the notices of quarantine to be furnished by the
Department of Agriculture, Trade and Consumer Protection.
(17)
Prepare general statistics and annual statement of
taxes. Make out and transmit to the County Clerk by year's end a statement
pursuant to § 69.60, Wis. Stats., showing the assessed value
of all property within the Town, all taxes levied, all special assessments
made and purposes for special assessments, and a complete and detailed
statement of the bonded and other indebtedness of the Town and of
any accrued interest remaining unpaid and the purpose for which the
indebtedness was incurred. In addition, on or before the third Monday
of December, the Town Clerk shall file a statement of taxes levied
with the Department of Revenue.
(18)
Make tax roll. Make out the complete list of all taxable
real property, to be called the "tax roll," as required in § 70.65,
Wis. Stats.
(19)
Correct tax roll. Before delivering the tax roll to
the Town Treasurer and after delivering the tax roll to the Town Treasurer,
correct the errors in the tax roll as required in § 70.73,
Wis. Stats.
(20)
Receive assessment roll. Receive from the Assessor
on or before the first Monday in May the completed assessment roll
as required by § 70.50, Wis. Stats.
(21)
Drainage district. Insert in the tax roll, in a separate
column, amounts certified by the Drainage Board Secretary as assessments
and interest due as required under § 88.42, Wis. Stats.
(22)
In general. Perform all other duties required by law,
ordinance or lawful direction of the Town Meeting or Town Board.
B.
The Town Clerk may, pursuant to § 60.331,
Wis. Stats., appoint a Deputy Clerk. The Deputy Clerk shall take and
file the oath and bond as required by § 60.31, Wis. Stats.
The Town Board shall determine what compensation is to be paid the
Deputy Clerk.
The Town Treasurer, shall:
A.
Receive and disburse Town money.
(1)
Receive and take charge of all money belonging to
the Town, or which is required by law to be paid into the Town treasury,
and disburse the money under § 66.0607, Wis. Stats.
(2)
Keep an itemized account of all moneys received and
disbursed, specifying the source from which it was received, the person
to whom it was paid and the object for which it was paid. The Town
Treasurer shall issue numbered receipts for all funds received. At
the request of the Town Board, the Town Treasurer shall present the
account books, and any supporting documents requested, to the Board.
B.
Deposit of Town money.
(1)
Deposit as soon as practicable funds of the Town in
the name of the Town in the public depository designated by the Town
Board. Failure to comply with this subsection is grounds for removal
from office.
D.
Taxes. Perform all of the duties relating to taxation
required of the Town Treasurer under Chs. 70 to 79, Wis. Stats.
A.
Qualification.
(1)
The Assessor, or assessment firm, shall be certified
by the Department of Revenue under § 73.09, Wis. Stats.,
as qualified to perform the functions of an Assessor. The Town Assessor
is appointed for an indefinite term of office pursuant to Sec. 60.307(2),
Wis. Stats.
(2)
The Town has elected to change the office of Assessor
to an appointed position. Pursuant to § 60.307(2), Wis.
Stats., the Assessor is appointed by majority vote of the Town Board
for a term as determined by contract, but not less than one year.
The Town Assessor so appointed need not be a resident of the Town
of Woodruff and may hold the office of Assessor for another town or
municipality with the consent of the Town Board.
B.
Duties. The Town Assessor shall have all the statutory
authority, powers and duties for property tax assessment required
of the Town Assessor pursuant to Chs. 60, 66, 70 and 79, Wis. Stats.
The Assessor shall begin under § 70.10, Wis. Stats., to
make an assessment of all of the property in the Town liable to taxation,
as prescribed by law. The Assessor shall return the assessment roll
to the Town Clerk at the same time and in the same manner in which
Town Assessors are required to do as required by Ch. 70, Wis. Stats.
C.
Confidential information. Whenever the Assessor, in
the performance of the Assessor's duties, requests or obtains income
and expense information pursuant to § 70.47(7)(af), Wis.
Stats., or any successor statute thereto, then such income and expense
information that is provided to the Assessor shall be held by the
Assessor on a confidential basis, except, however, that the information
may be revealed to and used by persons in the discharge of duties
imposed by law; in the discharge of duties imposed by office (including
but not limited to use by the Assessor in performance of official
duties of the Assessor's office and use by the Board of Review in
performance of its official duties); or pursuant to order of a court.
Income and expense information provided to the Assessor under § 70.47(7)(af),
Wis. Stats., unless a court determines that it is inaccurate, is,
per § 70.47(7)(af), Wis. Stats., not subject to the right
of inspection and copying under § 19.35(1), Wis. Stats.
A.
Appointment. The office of Town Attorney is an appointed
position. The Town Attorney may be appointed by the Town Board and
shall serve at the pleasure of the Board. The Town Board shall negotiate
and establish the compensation in a contract for the designation,
retention or employment of an Attorney based on a regular salary,
per diem rate, retainer, hourly rate, or other methods agreed to by
the Attorney and the Town Board.
B.
Duties. The Town Attorney shall have the following
duties:
(1)
The Attorney shall conduct all of the law business
in which the Town is interested.
(2)
The Attorney shall, when requested by Town officers,
given written legal opinions, which shall be filed with the Town.
(3)
The Attorney shall draft ordinances, bonds and other
instruments as may be required by Town officers.
(4)
The Attorney may appoint an assistant, who shall have
the power to perform his duties and for whose acts he shall be responsible
to the Town. Such assistant shall receive no compensation from the
Town, unless previously provided by ordinance.
(5)
The Attorney shall perform such other duties as provided
by state law and as designated by the Town Board.
C.
The Town Board may employ and compensate special counsel
to assist in or take charge of any matter in which the Town is interested.
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 by the laws of the state
and the ordinances of the Town and shall obey all lawful written orders
of the Town Board.
(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 Town engaged in any disturbance
of the peace or violating any law of the state or ordinance of the
Town. The Chief shall cooperate with other law enforcement officers
in the arrest or apprehension of a person with a crime. The Chief
of Police shall see that all laws and ordinances of the Town and state
are enforced. Whenever any violation thereof shall come to his knowledge,
he 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 Department and may adopt, subject to
the approval of the Town 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 Department. The Chief of Police shall keep
an accurate and complete record of all complaints, arrests, traffic
violations, convictions and dispositions of the Department.
A.
Retention. The Town Board may, pursuant to §§ 60.41
and 60.43, Wis. Stats., designate, retain or employ one or more accountants,
including certified public accountants, on a temporary or continuing
basis for financial matters or to represent the Town in financial
matters.
B.
Compensation. The Town Board shall negotiate and establish
the compensation in a contract for the designation, retention or employment
of an accountant based on a regular salary, per diem rate, retainer,
hourly rate or other methods agreed to by the accountant and the Town
Board.
C.
Duties. The accountant has the duties and powers established
in §§ 60.41 and 60.43, Wis. Stats., plus any additional
powers and duties established pursuant to the retainer contract between
the accountant and the Town Board. The appropriate bond shall be filed
prior to the Town Board executing the written contract.
The Weed Commissioner shall be appointed by
the Chairperson, subject to Town Board confirmation. The term of office
of the Weed Commissioner shall commence on the first day of May following
his or her appointment. The Weed Commissioner shall take the official
oath, which oath shall be filed in the office of the Town Clerk, 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.
Town employees. The Town Board may employ on a temporary
or regular basis persons necessary to carry out the functions of Town
government. The Board may establish the qualifications and terms of
employment, which may include the residency of the employee. The Board
may delegate the authority to hire Town employees to any Town official
or employee.
Town officers must observe the standards of
care imposed by § 19.21, Wis. Stats., with respect to the
care and custody of official property.
