Village of Orfordville, WI
Rock County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Orfordville 3-31-1992 as §§ 2-3-1 to 2-3-10 and 2-3-13 to 2-3-18 of the 1992 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Boards, commissions and committees — See Ch. 14.
Departments — See Ch. 31.
Code of Ethics — See Ch. 41.
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 Ch. 61, Wis. Stats., 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.[1] The general laws for the punishment of bribery, misdemeanors and corruption in office shall apply to Village officers.
[1]
Editor's Note: See also Ch. 41, Ethics, Code of.
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 of such sum as it sees fit to reimburse him for the expenses reasonably incurred for costs and attorney 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 an indefinite term, subject to removal as provided by § 17.12(1)(c) and (d), Wis. Stats.
(1) 
Clerk-Treasurer.
(2) 
Director of Public Works.
(3) 
Village Attorney.
B. 
The Village President shall not vote on the confirmation of such appointments, except in case of a tie.
A. 
Consolidated offices. Pursuant to §§ 61.195, 61.197 and 66.0101, Wis. Stats., the Village hereby elects not to be governed by those portions of §§ 61.19, 61.23 and 61.25(2), Wis. Stats., which relate to the selection and tenure of the Clerk and Treasurer and which are in conflict with this section.
B. 
Appointment. The office of Village Clerk-Treasurer shall be filled by appointment in the manner of other appointed officials as provided in § 65-2.
C. 
Duties. The Village Clerk-Treasurer shall perform the statutory duties of Village Clerk and Treasurer and such other duties as required by the Village Board.
[1]
Editor's Note: This section was originally adopted by charter ordinance.
The Village President may appoint a Deputy Clerk-Treasurer(s), subject to confirmation by a majority of all the members of the Village Board. The Deputy Clerk-Treasurer(s) shall have an indefinite term of office. The Deputy Clerk-Treasurer(s) shall act under the Village Clerk-Treasurer's direction and, during the temporary absence or disability of the Village Clerk-Treasurer or during a vacancy in such office, shall perform the duties of Village Clerk-Treasurer. The acts of the Deputy(s) shall be covered by official bond as the Village Board shall direct.
A. 
Appointment. The Village Attorney is an appointed position. The Village Attorney shall be appointed pursuant to § 65-2, 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. 
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.
(1) 
The Chief of Police shall be appointed by a majority vote of the members of the Village Board for an indefinite term, subject to removal by a two-thirds vote of the members of the Board, pursuant to the procedures established in § 61.65(1)(am), Wis. Stats. The Chief shall exercise the powers and duties of Village marshals and Village constables and any other powers and duties prescribed by the Village Board, Village ordinances or the Wisconsin Statutes. Upon a permanent vacancy, an officer designated by the Board shall temporarily replace the Chief until the vacancy is filled by the Village Board.
(2) 
The compensation to be paid the Chief of Police for his services, the hours of active duty, rest days, vacation periods and other involvement of his employment shall be such as may be determined by the Village Board from time to time. In the event of vacation or temporary disability, the Chief of Police shall appoint an officer in charge to act in the Chief's absence.
B. 
General duties. The Chief of Police shall have the duties provided in § 31-4 of this Code.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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[1] 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.
[1]
Editor's Note: See Ch. 168, Fire Prevention.
The Weed Commissioner shall be appointed by the Village President, subject to Village Board confirmation. The term of office of the Weed Commissioner shall commence on the first day of May following his appointment. The Weed Commissioner shall take the official oath, which oath shall be filed in the office of the Village Clerk-Treasurer, 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. 
Appointment. The Director of Public Works shall be appointed by the Village President, subject to confirmation by a majority vote of the Village Board, 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 be appointed pursuant to § 65-2.
C. 
Duties and powers. The Director of Public Works shall have the following duties and powers:
(1) 
Public works duties. The Director of Public Works shall:
(a) 
Hire and dismiss public works employees upon concurrence of the Village Board.
(b) 
Inform employees of Department standards and administrative rules of conduct and performance and take disciplinary action against employees who do not meet or follow these standards.
(c) 
Schedule all employees' work hours, vacation and training.
(d) 
Train all new public works employees.
(e) 
Administer all day-to-day operations of snow removal, refuse collection, lawn moving, street patching, water leak repairs, park maintenance, etc.
(f) 
Supervise the operation and maintenance of the wastewater treatment and water utility systems.
(g) 
Supervise the building, repair or replacement of Village buildings, streets, storm sewers, sanitary sewers, water mains, culverts, bridges, lift stations and wells.
(h) 
Ensure that all equipment is regularly maintained and inspect any work done on Village-owned or -leased equipment.
(i) 
Prepare public works, sewer utility and water utility budget estimates and control expenditures or appropriations.
(j) 
Approve all Department purchases and repairs.
(k) 
Coordinate all Village recycling activities.
(l) 
At times, when requested by the Village President or the Village Board, attend regular or special Board meetings and Plan Commission and Zoning Board of Appeals meetings.
(2) 
Administrative and personnel duties. The Director of Public Works shall:
(a) 
Participate in all labor negotiations between the Village and the Village public works employees.
(b) 
Analyze, evaluate and measure the performance of the Department of Public Works and other areas of responsibility and make recommendations to the Village Board.
(c) 
Keep the Village Board informed of any changes in state and federal legislation affecting the Village.
(d) 
Investigate all complaints pertinent to the Department of Public Works.
(e) 
Perform any other duties prescribed by the state statutes or as may be lawfully ordered by the Village President and/or Village Board.
A. 
Pursuant to §§ 61.195, 61.197 and 66.0101, Wis. Stats., the Village hereby elects not to be governed by those portions of §§ 61.19 and 61.23, Wis. Stats., 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 by the Village President, subject to confirmation by a majority vote of the members-elect of the Village Board. Said person so appointed to perform the duties of such office shall serve as determined by contract. 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.
[1]
Editor's Note: This section was originally adopted by charter ordinance.
A. 
Qualifications.
(1) 
There are created the positions of Building Inspector, Electrical Inspector, Heating, Ventilating and Air-Conditioning (HVAC) Inspector, and Plumbing Inspector. One person may be appointed to serve in all capacities.
(2) 
Each Inspector shall:
(a) 
Be of good moral character.
(b) 
Possess such executive ability as is requisite for the performance of his duties and have a thorough knowledge of the standard materials and methods used in the installation of equipment in his area of responsibility.
(c) 
Be well versed in approved methods of construction for safety to persons and property, the statutes of the State of Wisconsin relating to work in his area of responsibility, and any orders, rules and regulations issued by authority thereof.
(d) 
Have sufficient experience in the installation of equipment to enable him to understand and apply the appropriate codes adopted by the Village of Orfordville.
(3) 
Certification.
(a) 
Each Inspector shall be certified by the State of Wisconsin in his area of responsibility.
(b) 
The Building Inspector shall be certified by the Wisconsin Department of Commerce to administer and enforce all the provisions of the Wisconsin Uniform Dwelling Code.
(c) 
The Electrical Inspector and his assistant inspectors shall be certified by the State of Wisconsin as electrical inspectors.
B. 
Appointment and general powers.
(1) 
The Plumbing Inspector, Electrical Inspector, HVAC Inspector and Building Inspector shall be appointed by the Village President and confirmed by the Village Board.
(2) 
Each Inspector shall enforce the provisions of this Code and all other ordinances and laws and orders of the State of Wisconsin which relate to building construction, plumbing, HVAC and electrical installations, subject to the respective authority of each Inspector as set forth in this section and other chapters of the Village Code.
(3) 
Inspectors may pass upon any questions arising under the provisions of this Code relating to their areas of responsibility.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(4) 
Any person feeling himself aggrieved by any order or ruling of an Inspector may, within 20 days thereafter, appeal from such order or ruling to the Zoning Board of Appeals, as established in the Chapter 320, Zoning, such an appeal to be in writing.
(5) 
Each Inspector shall be subject to removal from office during his term for cause after a hearing by the Village Board.
C. 
Additional assistants. Each Inspector may employ, subject to approval of the Village Board, any assistant inspectors necessary for the proper conduct of his office and the inspection of installations in his area of responsibility.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Electrical Inspector or assistants not to be in electrical business. The Electrical Inspector and his assistant inspectors shall not engage in the sale, installation or maintenance of electrical equipment, either directly or indirectly, and they shall have no financial interest in any concern engaged in such business in the Village at any time while holding such office as herein provided.
E. 
Authority to enter premises.
(1) 
In the discharge of their respective duties, each Inspector under this section or his authorized agent may enter any building, upon presentation of the proper credentials, during reasonable hours for the purpose of inspection and may require the production of any permit or license required hereunder. No person shall interfere with the Inspector or his authorized agent while in the performance of his duties, and any person so interfering shall be in violation of this section and subject to a penalty as provided by Chapter 1, General Provisions, § 1-5.
(2) 
If consent to entry to personal or real properties which are not public buildings or to portions of public buildings which are not open to the public for inspection purposes has been denied, the Inspector shall obtain a special inspection warrant under § 66.0119, Wis. Stats.
F. 
Duties and authority. The Inspectors shall have such duties as are prescribed in this section and Chapter 121, Building Construction, Chapter 157, Erosion Control, Chapter 163, Fair Housing, and Chapter 251, Public Buildings, of this Code.
G. 
Stop-work orders and revocations. Each Inspector may order construction, installation, alteration or repair work stopped when such work is being done in violation of this Code. Work so stopped shall not be resumed except with written permission of the Inspector, provided that if the stop-work order is an oral one it shall be followed by a written order within a reasonable period of time.
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. 
General. Every officer of the Village, including members of Village boards and commissions, shall, before entering upon his duties and within five days of his election or appointment or notice thereof, take the oath of office prescribed by law and file such oath in the office of the Village Clerk-Treasurer, provided that the Municipal Judge shall take his official oath within 10 days after his election and file it with the Rock County Clerk of Circuit Court prior to acting as Judge. Any person reelected or reappointed to the same office shall take and file an official oath for each term of service.
B. 
Form; procedure. The form, filing and general procedure for the taking of oaths shall be governed by Ch. 19, Subchapter 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.
B. 
How filled. Vacancies in elective and appointive offices shall be filled as provided in § 17.24, 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.
A. 
Elected officials. Elected officials may be removed by the Village Board as provided in §§ 17.13(2) and 17.16, Wis. Stats.
B. 
Appointed officials. Appointed officials may be removed as provided in §§ 17.13(1) and 17.16, Wis. Stats.
Village officers must observe the standards of care imposed by § 19.21, Wis. Stats., with respect to the care and custody of official property.
[Added 8-22-2011]
A. 
Grievance policy. It is the policy of the Village to prevent the occurrence of grievances and to deal promptly with those that occur in a fair and equitable manner. Employees are encouraged to use the following process to seek redress of grievances.
B. 
Discipline. Discipline may result when an employee's actions do not conform with generally accepted standards of good behavior, when an employee violates a policy or rule, when an employee's performance is not acceptable, or when the employee's conduct is detrimental to the interests of the Village. Disciplinary action may call for any of four steps -- verbal warning, written warning, suspension (with or without pay) or termination of employment -- depending on the problem and the number of occurrences. There may be circumstances when one or more steps are bypassed. Certain types of employee problems are serious enough to justify either a suspension or termination of employment without going through progressive discipline steps. The Village reserves the right, in its sole discretion, to impose disciplinary action as may be appropriate to the particular circumstances.
C. 
Grievance procedure.
(1) 
This section is intended to comply with § 66.0509, Wis. Stats., and provides a grievance procedure addressing issues concerning workplace safety, discipline and termination. This section applies to all employees covered under § 66.0509, Wis. Stats., other than police and fire employees subject to § 62.13(5), Wis. Stats. An employee may appeal any level of discipline under this grievance procedure.
(2) 
For purposes of this policy, the following definitions apply:
(a) 
"Employee discipline" includes all levels of progressive discipline, but shall not include the following items:
[1] 
Placing an employee on paid administrative leave pending an internal investigation;
[2] 
Counselings, meetings or other pre-disciplinary action;
[3] 
Actions taken to address work performance, including use of a performance improvement plan or job targets;
[4] 
Demotion, transfer or change in job assignment; or
[5] 
Other personnel actions taken by the employer that are not a form of progressive discipline.
(b) 
"Employee termination" shall include action taken by the employer to terminate an individual's employment for misconduct or performance reasons, but shall not include the following personnel actions:
[1] 
Voluntary quit;
[2] 
Layoff or failure to be recalled from layoff at the expiration of the recall period;
[3] 
Retirement;
[4] 
Job abandonment, "no-call, no-show," or other failure to report to work; or
[5] 
Termination of employment due to medical condition, lack of qualification or license, or other inability to perform job duties.
(c) 
"Workplace safety" is defined as conditions of employment affecting an employee's physical health or safety, the safe operation of workplace equipment and tools, safety of the physical work environment, personal protective equipment, workplace violence, and training related to same.
(3) 
Any written grievance filed under this policy must contain the following information:
(a) 
The name and position of the employee filing it;
(b) 
A statement of the issue involved;
(c) 
A statement of the relief sought;
(d) 
A detailed explanation of the facts supporting the grievance;
(e) 
The date(s) the event(s) giving rise to the grievance took place;
(f) 
The identity of the policy, procedure or rule that is being challenged;
(g) 
The steps the employee has taken to review the matter, either orally or in writing, with the employee's supervisor; and
(h) 
The employee's signature and the date.
D. 
Steps of the grievance procedure. Employees should first discuss complaints or questions with their immediate supervisor. Every reasonable effort should be made by supervisors and employees to resolve any questions, problems or misunderstandings that have arisen before filing a grievance.
(1) 
Step 1: Written grievance filed with the department head. The employee must prepare and file a written grievance with the Department Head within five business days of when the employee knows, or should have known, of the events giving rise to the grievance. The department head or his/her designee will investigate the facts giving rise to the grievance and inform the employee of his/her decision, if possible within 10 business days of receipt of the grievance. In the event the grievance involves the department head, the employee may initially file the grievance with the Village Clerk and the grievance shall go to Step 2.
(2) 
Step 2: Impartial hearing officer. If the grievance is not settled at Step 1, the employee may request in writing, within five business days following receipt of the department head's decision, a request for written review by an impartial hearing officer. The Village shall select the impartial hearing officer. The hearing officer shall not be a Village employee. In all cases, the grievant shall have the burden of proof to support the grievance. The impartial hearing officer will determine whether the Village acted in an arbitrary and capricious manner. This process does not involve a hearing before a court of law; thus, the rules of evidence will not be followed. Depending on the issue involved, the impartial hearing officer will determine whether a hearing is necessary, or whether the case may be decided based on a submission of written documents. The impartial hearing officer shall prepare a written decision.
(3) 
Step 3: Review by the governing body. If the grievance is not resolved after Step 2, the employee or the department head shall request within five business days of receipt of the written decision from the hearing officer a written review by the Village Board. The appeal shall be filed with the Village Clerk. The Village Board shall not take testimony or evidence; it may only determine whether the hearing officer reached an arbitrary or incorrect result based on a review of the record before the hearing officer. The matter will be scheduled for the Village Board's next regular meeting. The Village Board will inform the employee of its findings and decision in writing within 10 business days of the Village Board meeting. The Village Board shall decide the matter by majority vote and this decision shall be final and binding.
(4) 
An employee may not file a grievance outside of the time limits set forth above. If the employee fails to meet the deadlines set forth above, the grievance will be considered resolved. It if is impossible to comply with the deadlines due to meeting notice requirements or meeting preparation, the grievance will be reviewed at the next possible meeting date. An employee will not be compensated for time spent in processing his/her grievance through the various steps of the grievance procedure.