[HISTORY: Adopted by the Village Board of
the Village of Theresa 6-3-1996 as Title 2, Ch. 3 of the 1996 Code. Amendments noted where
applicable.]
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.
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 § 17.13(1)(c) and (d),
Wis. Stats.:
B.
All confirmation votes by the Village Board shall
be by simple majority vote, except that in the case of the offices
of Clerk-Treasurer and Assessor a confirmation vote by 2/3 of the
Board members is required.
C.
The Village President shall not vote on the confirmation
of such appointments, except in case of a tie.
D.
The salaries of these officials shall be as set by
the Village Board from time to time.
A.
Statutory election. The Village of Theresa, pursuant
to §§ 61.195 and 61.197 and 66.0101, Wis. Stats., hereby
elects not to be governed by those portions of §§ 61.19,
61.25 and 61.26, Wis. Stats., which are in conflict with this section.
B.
Consolidated offices. The offices of Village Clerk
and Village Treasurer are hereby consolidated and the duties of both
offices shall be performed by the person appointed as Village Clerk-Treasurer.
C.
Term of office. The appointed Village Clerk-Treasurer
shall hold office for an indefinite term, subject to removal as provided
in § 17.13, Wis. Stats.
D.
Duties. The Village Clerk-Treasurer shall perform
all duties required of both the offices of Clerk and Treasurer as
provided by law and those other duties as the Village Board directs
to be executed by the Clerk-Treasurer from time to time.
E.
Audits. Annual audits shall be made of the records
of the Clerk-Treasurer, with the audit to be made by a certified public
accountant.
[1]
Editor's Note: This section was originally
adopted by charter ordinance.
The Clerk-Treasurer may appoint a Deputy Clerk(s),
subject to confirmation by a majority of all the members of the Village
Board. The Deputy Clerk(s) shall have an indefinite term of office.
The Deputy Clerk(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(ies)
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 § 70-2, except that 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)
The Village Attorney shall, when requested by Village
officers, give written legal opinions, which shall be filed with the
Village.
(3)
The Village Attorney shall draft ordinances, bonds
and other instruments as may be required by Village officers.
(4)
The Village Attorney may appoint an assistant who
shall have the power to perform his duties and for whose acts he/she
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.
Special counsel. 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.
Position of Working Chief of Police. The Village of
Theresa shall have the position of Working Chief of Police. References
to "Chief of Police" in this Code shall mean the position of Working
Chief of Police.
B.
Appointment.
(1)
The Working Chief of Police shall be appointed pursuant to § 70-2, subject to removal pursuant to the procedures established in § 61.65(1)(am), Wis. Stats. The Working Chief of Police 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 Working Chief of Police until the vacancy is filled by the Village Board.
(2)
The compensation to be paid the Chief of Police for
his/her services, the hours of active duty, rest days, vacation periods
and other involvement of his/her employment shall be such as may be
determined by the Village Board from time to time.
C.
General duties.
(1)
As Working Police Chief, the Chief shall be the Chief Administrative Officer of the Police Department. The Working Chief shall be responsible to the Village of Theresa for the administration of the Police Department. The Chief shall be charged with the effective and impartial enforcement of all Village and county ordinances and state laws for the protection of all citizens who live in or who visit the Village. The duties shall include those set out in this Code, including but not limited to this section and Chapter 27, Article I, Police Department, §§ 27-1 to 27-7, as amended.
(2)
The Working Chief shall formulate Departmental rules,
regulations and procedures in cooperation with the Village President,
to whom the Chief reports, and to whom the Chief is responsible, for
the proper operation of the Police Department, including preparation
of the Police Department budget.
(3)
The Working 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. He/she shall perform
all duties prescribed to him/her by the laws of the state and the
ordinances of the Village and shall obey all lawful written orders
of the Village President.
(4)
The Working 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 village engaged
in any disturbance of the peace or violating any law of the state
or ordinance of the Village. The Working Chief of Police shall cooperate
with other law enforcement officers in the arrest or apprehension
of persons charged with crime. He shall see that all laws and ordinances
of the Village and state are enforced. Whenever any violation thereof
shall come to his knowledge, he/she shall cause the requisite complaint
to be made and see that the evidence is procured for the successful
prosecution of the offender or offenders. He/she shall exercise supervisory
control over personnel of the Department and may adopt, subject to
the approval of the Village Board, rules and regulations for the government,
discipline, equipment and uniforms of the police officers. He/she
shall be solely responsible for the care and condition of the equipment
used by his Department. He/she shall keep an accurate and complete
record of all complaints, arrests, traffic violations, convictions
and dispositions of the Department.
D.
Employment/probationary period. The Village agrees
to hire the Chief by appointment. During the first six months, the
Chief will be on a probationary status. The Village may terminate
the Chief's employment if the Board determines he has unsuccessfully
performed his duties.
E.
Certification. As condition of employment, State of
Wisconsin basic certification as a law enforcement officer must be
valid at time of employment. The Chief must maintain this certification
to continue employment with the Village.
F.
Conditions of employment. Compensation, performance
evaluations, work week definitions, residency requirements, uniform/vehicle
allowances, termination procedures and other terms of employment shall
be as prescribed in the Working Police Chief employment agreement,
which is incorporated herein by reference.
A.
Appointment. The Fire Chief shall assume office pursuant
to the bylaws of the Theresa Fire Department. He shall be the Village
Fire Inspector by virtue of his office.
[Amended 3-7-2011]
The Weed Commissioner shall be appointed by
the Village President, subject to Village Board confirmation. The
term of the office of the Weed Commissioner shall commence upon appointment
and office shall be held for one year. The Weed Commissioner shall
hold office pursuant to and fulfill the duties set out in state law.
B.
Duties and powers. The Director of Public Works shall
have the following duties and powers. He shall:
(1)
Have general charge and supervision of all street,
sewer and water utility or public works in the Village.
(2)
Be responsible for the maintenance, repair and construction
of streets, alleys, curbs and gutters, sidewalks, bridges, street
signs, storm sewers, water services, Village buildings and structures
and all machinery, equipment and property used in any activity under
his control.
(3)
Serve as Utilities Superintendent, managing the Village's
sewer and water utilities under the direction of the Village Board.
(4)
Perform such other duties as are imposed upon him/her
by the Village Board, his job description or employment contract.
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 pursuant to § 70-2. Said person so appointed to perform the duties of such office shall have an indefinite term or 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.
[Amended 8-1-2005 by Ord. No. 1-10]
A.
Appointment. A Building Inspector shall be appointed
by the Village President, subject to confirmation by the Village Board,
with the term and compensation to be determined at the time of appointment.
B.
General duties. It shall be the duty of the Building
Inspector to inspect the construction, reconstruction and alteration
of all buildings, plumbing, drainage and plumbing ventilation and
construction, reconstruction and alteration of all electrical wiring
and appliances hereinafter installed in all structures in the Village
of Theresa to determine if such work conforms to the rules and regulations
laid down by proper regulatory authorities of the State of Wisconsin
and to make all inspections provided for under such regulations and
in the manner set forth. No person shall do any such work unless a
permit therefor has been granted by the Building Inspector, no person
shall permit any such structure to be used until it has been inspected
and approved by the Building Inspector, and no certificate of compliance
shall be issued by the Building Inspector until such time as all such
work has been approved.
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.
When required. Every officer of the Village, including
members of Village boards and commissions, shall, before entering
upon his duties and within five days after notice of election or appointment,
take the oath of office prescribed by law and file such oath in the
office of the Village Clerk-Treasurer. Any person reelected or reappointed
to the same office shall take and file an official oath for each term
of service.[1]
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.
Village officers must observe the standards
of care imposed by § 19.21, Wis. Stats., with respect to
the care and custody of official property.
