[HISTORY: Adopted by the Village Board of
the Village of Johnson Creek 12-1-1994 by Ord. No. 12-94 as §§ 3.04
to 3.07 and 3.12 of the 1994 Code. Amendments noted where applicable.]
[Amended 7-8-2003 by Ord. No. 20-03]
A.
Board of Health; Health Officer. Per § 251.02(1),
Wis. Stats., the County Health Department shall serve as the Village
Health Officer.
[Amended 6-12-2006 by Ord. No. 15-06]
B.
Powers and duties. The Board of Health and Health
Officer shall have such powers and duties as specified in § 251.04,
Wis. Stats.
A.
Composition and meetings.
(1)
The Board of Review of Johnson Creek shall be composed
of five members: the Village President, the Chairperson of the Personnel
and Finance Committee, and three citizen members. The citizen members
shall be appointed by the Village President, subject to the approval
of the Village Board, and shall serve for two-year terms. Such appointments
shall be made at the regular meeting in April of the year of appointment,
and the term shall commence on May 1 of that year.
[Amended 6-1-2000 by Ord. No. 7-00; 7-8-2003 by Ord. No. 20-03]
(2)
The Village President shall serve as President of
the Board of Review. The Village Clerk-Treasurer shall be the Clerk
of the Board of Review and shall keep an accurate record of all proceedings.
The Assessor shall also be present at all Board of Review meetings.
[Amended 6-1-2000 by Ord. No. 7-00]
(3)
At its first meeting, the Board of Review shall receive
the assessment roll and sworn statements from the Clerk and shall
be in session for at least two hours, commencing at 4:00 p.m., for
taxpayers to appear and examine the assessment roll and other assessment
data and be heard in relation to the assessment. If the assessment
roll is not completed, the Board shall adjourn for such time as is
necessary to complete the roll and it shall post a written notice
on the outer door of the place of the meeting stating what time the
meeting is adjourned.
[Amended 4-6-2000 by Ord. No. 4-00]
B.
Compensation. The members of the Board of Review shall
receive such compensation as may be fixed from time to time by resolution
of the Village Board.
C.
Confidential information.
[Added 6-5-2003 by Ord. No. 17-03]
(1)
Adoption. This subsection adopts by reference § 70.47(7)(af),
Wis. Stats. Income and expense information provided by a property
owner to an assessor for the purposes of establishing the valuation
for assessment purposes by the income method of valuation shall be
confidential and not a public record open to inspection or copying
under § 19.35(1), Wis. Stats.
(2)
Exceptions. An officer may make disclosure of such
information under the following circumstances:
(a)
The assessor has access to such information in the
performance of his/her duties;
(b)
The Board of Review may review such information when
needed, in its opinion, to decide upon a contested assessment;
(c)
Another person or body has the right to review such
information due to the intimate relationship to the duties of an office
or as set by law;
(d)
The officer is complying with a court order;
(e)
The person providing the income and expense information
has contested the assessment level at either the Board of Review or
by filing a claim for excessive assessment under § 74.37,
Wis. Stats., in which case the base records are open and public.
D.
Hearing procedure. In accordance with the provisions of § 70.47(8),
Wis. Stats., the Board of Review is authorized to consider requests
and objections from property owners or the property owner's representatives
to offer testimony, under oath, by telephone or submit written statements
under oath to the Board of Review. The following procedure shall apply
to such requests:
[Added 6-22-2015 by Ord.
No. 7-15]
(1)
A property owner or property owner's representative may request
that the Board of Review consider testimony offered under oath by
telephone, or consider written statements submitted under oath, provided
that:
(a)
The requirements of § 70.47, Wis. Stats., which requires
that the property owner or property owner's representative provide
notice of intent to appear at the Board of Review hearing, are satisfied;
and
(b)
The objection form for real estate property assessment (PA-115A)
has been completed and submitted to the Board of Review in accordance
with the provisions of § 70.47, Wis. Stats.; and
(c)
A request to testify by telephone or submit a written statement
under oath to the Board of Review (Form PA-814) shall be filed with
the Village Clerk. Such requests must be submitted timely to be considered
by the Board of Review at the first meeting of the Board of Review.
(2)
Criteria to be considered. The Board of Review may consider any and
all of the following factors when deciding whether to grant or deny
a request established under this subsection:
(a)
The requester's stated reason(s) for the request as indicated
on the PA-814.
(b)
Fairness to the parties.
(c)
Ability of the requester to procure in person oral testimony
and any due diligence exhibited by the requester in procuring such
testimony.
(d)
Ability to cross-examine the person providing the testimony.
(e)
The Board of Review's technical capacity to honor the request.
(f)
Any other factors that the Board deems pertinent to deciding
the request.
A.
Composition. The Village Plan Commission shall consist
of the Village President, who shall be its presiding officer, a Trustee,
and five citizens. Citizen members shall be persons of recognized
experience and qualifications.
B.
Appointments and terms.
(1)
Trustee member. The Trustee member shall be elected
by a two-thirds vote of the Village Board upon the creation of the
Commission and at the first regular meeting in each succeeding April.
His term shall commence when first appointed and thereafter on the
first of each May following his election.
(2)
Citizen members. All five citizen members shall be
appointed by the President upon the creation of the Commission, to
hold office for the following terms: two for one year from the succeeding
first day of May, two for two years from the succeeding first day
in May, and one for three years from the succeeding first day in May,
and as each original term expires, each shall be appointed, in April
of the year of termination, to a three-year term commencing on the
succeeding May 1.
C.
Functions. The Commission shall make and adopt a Comprehensive
Master Plan for the physical development of the Village and any area
outside of its boundaries which, in the Commission's judgment, bears
relation to the development of the Village. The Plan Commission may
from time to time amend, extend or add to the Comprehensive Master
Plan or carry any part or subject matter into greater detail. The
Comprehensive Master Plan shall show the Commission's recommendations
and may include those items set forth in § 62.23(2) and
(3), Wis. Stats.
[Amended 7-8-2003 by Ord. No. 20-03]
D.
Procedures. The Commission may adopt rules for the
transaction of business and shall keep a record of its resolutions,
transactions, findings, and determinations, all of which shall be
public record.
E.
Powers. In addition to the above-described powers,
the Commission shall have the powers set forth in § 62.23(4),
Wis. Stats.
F.
Matters referred to Commission. All matters specified
in § 62.23(5), Wis. Stats., shall be referred to the Commission
before acted upon by the Village Board or any other Village official.
Such matters include, but are not limited to, the location, change
of use, alteration, or creation of public lands and buildings and
plats.
[Amended 8-5-1999 by Ord. No. 9-99; 5-24-2010 by Ord. No. 08-10]
A.
Composition
of Board. The Library Board shall be composed of five members. Three
such members shall be residents of the Village, one member shall be
a Village Trustee, one member shall be a resident of an adjacent township
with the Johnson Creek School District and one member shall be a school
district representative.
B.
Term of office.
The Village President, subject to confirmation by a majority of the
Village Board, shall appoint Board members to hold office for the
following terms: one for one year from the succeeding first day of
May, two for two years from the succeeding first day of May, and two
for three years from the succeeding first day of May, and as each
original term expires, each shall be appointed, in April of the year
of termination, to a three-year term commencing on the succeeding
May 1.
[Amended 5-14-2007 by Ord. No. 09-07]
A.
Police and Fire-EMS Commissioners. There is hereby
created a Board of Police and Fire-EMS Commissioners consisting of
five citizens, three of whom shall constitute a quorum. The Village
President shall, upon adoption of this section, appoint, in writing,
five Commissioners for varying terms, with the term of the first Commissioner
expiring on April 30, 2008, and the term of the remaining Commissioners
terminating on the same date in successive years so that not more
than one Commissioner's term will terminate in any given year. Thereafter,
the Village President shall annually, between the last Monday of April
and the first Monday of May, appoint, in writing, to be filed with
the Secretary of the Board, one member for a term of five years. No
appointment shall be made which will result in more than three members
of the Board belonging to the same political party. The Board shall
keep a record of its proceedings. All Commissioners shall be residents
of the Village of Johnson Creek. No Commissioner may serve on the
Village Board, or any other board, committee, commission, or serve
in any capacity in either the Police or the Fire-EMS Departments while
serving as a member of the Board of Police and Fire-EMS Commissioners.
B.
BOARD
CHIEFS
MEMBER
SUBORDINATE
Definitions. The following terms shall have the following
meanings within the context of this section:
The Board of Police and Fire-EMS Commissioners of the Village
of Johnson Creek.
Refers to the Chief of Police and the Fire Chief of the Village
of Johnson Creek.
Refers to all positions within the Fire and Police Departments
of the Village of Johnson Creek, including Chiefs, who are under the
jurisdiction of the Board.
Refers to members of the Fire and Police Departments, other
than Chiefs, who are under the jurisdiction of the Board.
C.
Chiefs. The Board shall appoint the Chief of Police
and the Chief of the Fire Department, who shall hold their offices
during good behavior, subject to suspension or removal by the Board
for just cause.
D.
Subordinates; reemployment.
(1)
The Chiefs shall appoint subordinates subject to approval
by the Board. Such appointments shall be made by promotion when this
can be done with advantage, otherwise from an eligible list provided
by examination and approval by the Board and kept on file with the
Clerk.
(2)
Any person who, on the effective date of this section,
has served as a part-time or full-time employee of either the Village
Police Department or the Village Fire-EMS Department by virtue of
regular assignment therefor under the orders and supervision of the
Chiefs of the Police and/or Fire-EMS Departments is deemed to have
been regularly appointed as of the commencement of his or her service.
(3)
For the choosing of such list, the Board shall adopt,
and may repeal or modify, rules calculated to secure the best service
in the Departments. These rules shall provide for examination of physical
and educational qualifications and experience, and may provide such
competitive examinations as the Board shall determine, and for the
classification of positions with special examination for each class.
The Board shall print and distribute the rules and all changes in
them, at Village expense.
(4)
The examination shall be free for all U.S. citizens
over 18 and under 55 years of age, with proper limitations as to residence,
health, and, subject to §§ 111.321, 111.322, and 111.335,
Wis. Stats., arrest and conviction record. The examination, including
minimum training and experience requirements, shall be job-related
in compliance with appropriate validation standards and shall be subject
to the approval of the Board and may include tests of manual skill
and physical strength. All relevant experience, whether paid or unpaid,
shall satisfy experience requirements. The Board shall control examinations
and may designate and change examiners, who may or may not be otherwise
in the official service of the Village, and whose compensation shall
be fixed by the Board and paid by the Village. Veterans shall be given
preference points in accordance with § 230.16(7), Wis. Stats.
E.
Disciplinary actions against subordinates.
(1)
A subordinate may be suspended as hereinafter provided
as a penalty. He may also be suspended by the Commission pending the
disposition of charges filed against him.
(2)
Charges may be filed against a subordinate by the
Chief, by a member of the Board, by the Board as a body, or by an
aggrieved person. Such charges shall be in writing and shall be filed
with the President of the Board. Pending disposition of such charges,
the Board and the Chief may suspend such subordinates.
(3)
A subordinate may be suspended for just cause, as described in Subsection E(5), by the Chief or the Board as a penalty. The Chief shall file a report of such suspension with the Commission immediately upon issuing the suspension. No hearing on such suspension shall be held unless requested by the suspended subordinate. If the subordinate suspended by the Chief requests a hearing before the Board, the Chief shall be required to file charges with the Board upon which such suspension was based.
(4)
Following the filing of charges in this case, a copy
thereof shall be served upon the person charged. The Board shall set
a date for hearing not less than 10 days or more than 30 days following
service of charges. The hearing on the charges shall be public, and
both the accused and the complainant may be represented by an attorney
and may compel the attendance of witnesses by subpoenas, which shall
be issued by the President of the Board on request and be served as
are subpoenas under Ch. 885, Wis. Stats.
(5)
No subordinate may be suspended, reduced in rank, suspended and reduced in rank, or removed by the Board under Subsection E(3), based on charge(s) filed by the Board, members of the Board, an aggrieved person or the Chief under Subsection E(2), unless the Board determines there is just cause, as described in this subsection, to sustain the charge. In making its determination, the Board shall apply the following standards, to the extent applicable:
(a)
Whether the subordinate could reasonably be expected
to have had knowledge of the probable consequences of the alleged
conduct.
(b)
Whether the rule or order that the subordinate allegedly
violated is reasonable.
(c)
Whether the Chief, before filing the charge against
the subordinate, made a reasonable effort to discover whether the
subordinate did in fact violate a rule or order.
(e)
Whether the Chief discovered substantial evidence
that the subordinate violated the rule or order as described in the
charges filed against the subordinate.
(f)
Whether the Chief is applying the rule or order fairly
and without discrimination against the subordinate.
(g)
Whether the proposed discipline reasonably relates
to the seriousness of the alleged violation and to the subordinate's
record of service with the Chief's department.
(6)
Findings and determinations hereunder and orders of
suspension, reduction, suspension and reduction, or removal, shall
be in writing and, if they follow a hearing, shall be filed within
three days thereof with the Secretary of the Board.
(7)
Further rules for the administration of this subsection
may be made by the Board.
(8)
No person shall be deprived of compensation while
suspended pending disposition of charges.
(9)
Any person suspended, reduced, suspended and reduced,
or removed by the Board may appeal from the order of the Board to
the Circuit Court by serving written notice thereof on the Secretary
of the Board within 10 days after the order is filed. Within five
days thereafter, the Board shall certify to the Clerk of the Circuit
Court the record of the proceedings, including all documents, testimony,
and minutes. Thereafter, the procedures set forth in § 62.13(5)(i),
Wis. Stats., shall govern the disposition of such an appeal.
F.
Dismissals and reemployment.
(1)
When it becomes necessary, because of need for economy,
lack of work or funds, or for other just causes, to reduce the number
of subordinates, the emergency, special, temporary, part-time, or
provisional subordinates, if any, shall be dismissed first, and thereafter
subordinates shall be dismissed in order of shortest length of service
in the Department, provided that, in cities where a record of service
rating has been established prior to January 1, 1933, for the said
subordinates, the emergency, special, temporary, and/or part-time
provisional subordinates, if any, shall be dismissed first, and thereafter
subordinates shall be dismissed in the order of the least efficient
as shown by the said service rating.
(2)
When it becomes necessary for such reasons to reduce
the number of subordinates in the higher positions or offices or to
abolish any higher positions or offices in the Department, the subordinate
or subordinates affected thereby shall be placed in a position or
office in the Department less responsible according to his efficiency
and length of service in the Department.
(3)
The name of a subordinate dismissed for any cause
set forth in this section shall be left on an eligible reemployment
list for a period of two years after date of dismissal. If any vacancy
occurs, or if the number of subordinates is increased in the Department,
such vacancy or new positions shall be filled by persons on such list
in the inverse order of the dismissal of such persons.
G.
Compensation. The salaries of the Chiefs and subordinates
shall be fixed by the Village Board. Such salaries when so fixed may
be increased but not decreased by the Village Board without a previous
recommendation by the Board. The Village Board may provide that the
salaries shall be increased with length of service.
H.
Board procedures.
(1)
In May of each year, the Board shall elect from its
members a President, Vice President, and Secretary. Upon motion of
any Board member, the vote of the Board shall be by secret ballot.
(2)
Board officers shall have the following duties and
responsibilities:
(a)
President. The President shall:
[1]
Preside over all meetings and hearings and ensure
their orderly conduct;
[2]
Accept the filing of written charges against
Chiefs and subordinates;
[3]
Issue subpoenas for the attendance of witnesses
at hearings pursuant to § 62.13(5)(d), Wis. Stats.;
[4]
Administer oaths to witnesses appearing before
the Board;
[5]
Formally ready the charge(s) to the accused
at any hearing, including the provisions alleged to have been violated;
[6]
Ask questions and control questions asked by
other Board members during any hearing;
[7]
Ensure that standards for procedural due process
are afforded the accused at any hearings; and
[8]
Adjourn Board proceedings.
(b)
Vice President. The Vice President shall act in the
capacity of President whenever the President is unavailable to act
for any reason.
(c)
Secretary. The Secretary shall:
[1]
Conduct all correspondence of the Board, send
all notices required by law, ordinance or these rules, or as otherwise
requested by the Board;
[2]
Cause to be published such official notices
as are required;
[3]
Attend and keep a record of all Board proceedings,
including the preservation of testimony and any evidence received
by the Board at any hearings in a permanent record and to certify
such record to the Circuit Court when required by law;
[4]
Maintain the minutes of each meeting and hearing,
with said minutes being signed by the Secretary and President upon
approval by the Board;
[5]
Provide copies of all Board minutes to each
Board member as soon as possible and file a copy of said minutes with
the Village Clerk;
[6]
Accept the filing of all appointments under
§ 62.13(1), Wis. Stats.; and
[7]
Accept for filing all findings and determinations
of the Board relative to disciplinary actions and Board orders, all
of which shall be filed within three days of their adoption pursuant
to § 62.13(5)(f), Wis. Stats.
(3)
Except as otherwise provided by the statute or ordinance,
the Board rules and regulations shall be prescribed, amended, or repealed
by a majority vote of the Board members present. Any such Board rule
or regulation adopted by the Board shall govern the activities of
the Board until such rule or regulation has been amended or repealed
as provided herein.
[Added 5-14-2007 by Ord. No. 07-07]
A.
Creation. Pursuant to the authority granted by § 66.1335,
Wis. Stats., a Community Development Authority for the Village of
Johnson Creek is hereby created as a separate body politic, for the
purpose of carrying out blight elimination, slum clearance, urban
renewal programs and projects, and housing projects. Such Authority
shall be known as the "Community Development Authority of the Village
of Johnson Creek."
B.
Composition, appointments and terms. The Village Board
President shall, with the confirmation of a two-thirds majority vote
of the Village Board, appoint seven resident persons, having sufficient
ability and experience in the fields of urban renewal, community development
and housing, as Commissioners of the Community Development Authority.
(1)
Two of the Commissioners shall be members of the Village
Board and shall serve as Commissioners during their term of office
on the Village Board. One such term shall coincide with a Village
Board term expiring in an even year and one shall coincide with a
Village Board term expiring in an odd year.
(2)
Five citizen members shall be appointed as Commissioners
by the Village President upon creation of the committee, to hold initial
terms of office as follows: two for one year, and one each for terms
of two, three and four years. Following the initial term of each citizen
Commissioner, the terms of citizen Commissioners shall be four years
until their successors have been appointed and qualified.
(3)
Vacancies shall be filled for the unexpired term as
provided in this subsection.
C.
Bylaws. The Village Board hereby establishes and approves
bylaws and rules of procedure to be kept on file in the office of
the Village Clerk-Treasurer. The Community Development Authority may
amend the bylaws as it shall deem appropriate from time to time; however,
Section 2 of the bylaws, entitled "General Powers and Duties," shall
not be altered or amended without the approval of the Village Board.
D.
Compensation. Commissioners of the Community Development
Authority shall be reimbursed their actual and necessary expenses,
including local travel expenses, incurred in the discharge of their
duties and shall receive such compensation as shall be established
from time to time by resolution of the Village Board.
E.
Powers and duties. The Community Development Authority
shall have the following powers and duties:
(1)
The Community Development Authority shall have all
the powers, duties, and functions set out in §§ 66.1201
and 66.1333, Wis. Stats., for housing and redevelopment authorities,
and as to all housing projects initiated by the Community Development
Authority, it shall proceed under §§ 66.1201, Wis.
Stats., and as to all projects relating to blight elimination, slum
clearance, urban renewal and redevelopment programs, it shall proceed
under §§ 66.1105, 66.1301 to 66.1329, 66.1331, 66.1333,
or 66.1337, Wis. Stats., as determined appropriate by the Village
Board on a project-by-project basis.
(2)
The Community Development Authority shall act as the
agent of the Village in planning and carrying out community development
programs and activities approved by the Village Board President and
Village Board under the Federal Housing and Community Development
Act of 1974. As to all community development programs and activities
undertaken by the Village under the Federal Housing and Community
Development Act of 1974, the Community Development Authority shall
proceed under all applicable laws and ordinances not inconsistent
with the laws of this state.
(3)
The Community Development Authority shall act as agent
to the Village to perform all acts, except the development of the
general plan of the Village, which may be otherwise performed by the
Plan Commission under §§ 66.1105, 66.1301 to 66.1329,
66.1331, or 66.1337, Wis. Stats.
[Added 8-28-2017 by Ord. No. 8-17]
A.
Department created. The Department of Tourism, Promotion, and Economic
Development is hereby created. The President, subject to approval
of the Commission, shall appoint a Director of Tourism, Promotion,
and Economic Development.
B.
Duties. The Department of Tourism, Promotion, and Economic Development
shall serve as a tourism entity and shall be responsible for performing
those duties and obligations imposed upon a tourism entity as described
in § 66.0615, Wis. Stats. The Director shall coordinate
and expedite tourism, promotion and economic development activities
within the Village in accordance with and under the terms of any contract
entered into between the Village and the Commission.
C.
Budget. The Director and Commission shall, after giving due consideration to the anticipated tax revenues to be collected by the Village under § 15-18 of this Code (Room tax), formulate and submit an annual budget pursuant to the financial policies and procedures of the Village. Funding for the Department shall be exclusively from room tax proceeds. The Village shall not budget or make payments in excess of the room tax collected under § 15-18 of this Code. No expenditure exceeding the budget submitted to the Board by the Commission shall be made without an appropriate fund transfer approved by the Village Board.