Town of Trenton, WI
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Trenton 11-7-1989 as Title 2, Ch. 4 of the 1989 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Boards, commissions and committees — See Ch. 15.
Municipal Court — See Ch. 31.
Ethics — See Ch. 48.
Government and elections — See Ch. 62.
Police Department — See Ch. 100.
Town Board — See Ch. 130.
A. 
Elected Town officers; appointed Town officers. At the annual spring election in odd-numbered years, the Town shall elect a Chairperson and two Supervisors. The following officers of the Town of Trenton shall be appointed by the Town Board, commencing with the term of office beginning April 13, 1999:
(1) 
A Town Clerk.
(2) 
A Town Treasurer.
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 Department of Revenue, under § 73.09, 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 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
The regular term of elected Town officers, other than the Town Assessor, if elected, commences on the second Tuesday of April in the year of their election.
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.
A. 
Official oath. Except as provided in Subsection C, 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.
B. 
Official bond. Bond shall be as fixed in the schedule of deposits, bonds and fees.[1]
[1]
Editor's Note: The current schedule is on file at the Town Clerk's office.
C. 
Exceptions. If the Town reverts to a system of electing an Assessor and/or creates a Municipal Court:
(1) 
An elected Assessor shall take and file the official oath and bond at any time between May 27 to May 31.
(2) 
The Municipal Judge shall take and file the official oath and bond under § 755.03, Wis. Stats.
D. 
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 day or part of a day necessarily devoted to the service of the Town and the discharge of duties.
(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.
E. 
Compensation when acting in more than one official capacity. 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. 
Generally. The Town Board may provide for reimbursement of expenses necessarily incurred by any office 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:
(1) 
Traveling expenses, including mileage, lodging and meal expenses.
(2) 
Costs associated with programs of instruction related to the officer's or employee's office or employment.
B. 
Manuals. The Town Board may purchase handbooks and manuals that will materially assist Town officials and employees in the performance of official duties.
[1]
Editor's Note: See also Ch. 55, Finance, § 55-16, Travel and meeting expenses.
The Town Clerk shall:
A. 
Clerk of Town Meeting. Serve as Clerk of the Town Meeting under § 60.15, Wis. Stats.
B. 
Clerk of Town Board.
(1) 
Serve as Clerk of the Town Board, attend meetings of the Board and keep a full record of its proceedings.
(2) 
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.
(3) 
File with the Town Board claims approved by the Clerk, as required under § 60.44(2)(c), Wis. Stats.
C. 
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 the Town Clerk is expected to maintain are in addition to, not in lieu of, those the Town Treasurer is expected to maintain.
D. 
Elections and appointments.
(1) 
Perform the duties required by Chs. 5 to 12, Wis. Stats., relating to elections.
(2) 
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.
(3) 
Transmit to the Clerk of Circuit Court, immediately after the election or appointment of any Municipal Judge in the Town, a written notice stating the name of the Municipal Judge and the term for which elected or appointed. If the Judge 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
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 give the Town Board authorization to do so.
F. 
Notices.
(1) 
Publish or post ordinances and resolutions as required under § 60.80, Wis. Stats.
(2) 
Give notice of Annual and Special Town Meetings as required under §§ 60.11(5) and 60.12(3), Wis. Stats.
G. 
Records.
(1) 
Comply with Subchapter II of Ch. 19, Wis. Stats., concerning any record of which the Clerk is legal custodian.[2]
[2]
Editor's Note: See also Ch. 115, Records.
(2) 
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.
H. 
Licenses. Issue any license or permit granted by the Town Board when presented with a receipt from the Town Treasurer indicating that any required fee has been paid.
I. 
Schools.
(1) 
Perform the Clerk's duties under Chs. 115 to 121, Wis. Stats., relating to public instruction.
(2) 
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.
(3) 
Make and keep in the Clerk's office a map of the Town showing the exact boundaries of school districts within the Town.
(4) 
Apportion, as provided by law, tax revenues collected by the Town for schools.
J. 
Highways and bridges. Perform the duties specified in Chs. 82 to 92, Wis. Stats., relating to highways, bridges and drains.
K. 
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.
L. 
In general. Perform all other duties required by law, ordinance or lawful direction of the Town Meeting or Town Board.
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 Treasurer shall issue numbered receipts for all funds received. At the request of the Town Board, the 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.
(2) 
When money is deposited under Subsection B(1), the Treasurer and the Treasurer's sureties are not liable for any loss as defined in § 34.01(2), Wis. Stats. The interest arising from the money deposited shall be paid into the Town treasury.
C. 
Records. Comply with Subchapter II of Ch. 19, Wis. Stats., concerning records of which the Treasurer is legal custodian.[1]
[1]
Editor's Note: See also Ch. 115, Records.
D. 
Taxes. Perform all of the duties relating to taxation required of the Town Treasurer under Chs. 70 to 79, Wis. Stats.[2]
[2]
Editor's Note: Original § 2-4-8(e), Preliminary settlement of school taxes, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Qualification. 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. Pursuant to § 60.307(2), Wis. Stats., the Assessor shall be appointed by majority vote of the Town Board for a term of office as determined by employment contract.
(1) 
The Town Assessor may be appointed:
(a) 
For an indeterminate term, subject to removal by the Town Board; or
(b) 
For a defined term of office.
(2) 
The Town Assessor so appointed need not be a resident of the Town of Trenton and may hold the office of Assessor for another town or municipality with the consent of the Town Board.
B. 
Duties. 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. 
Confidentiality of records. 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 said information may be revealed to and used by persons in the discharging 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. 
Election. The office of Town Attorney is an appointed position. The Town Attorney shall be appointed by the Town Board and shall serve at the pleasure of the Board.
B. 
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) 
He/she shall, when requested by Town officers, given written legal opinions, which shall be filed with the Town.
(3) 
He/she shall draft ordinances, bonds and other instruments as may be required by Town officers.
(4) 
He/she may appoint an assistant, who shall have power to perform his/her duties and for whose acts he/she shall be responsible to the Town. Such assistant shall receive no compensation from the Town, unless previously provided by ordinance.
(5) 
The Town 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.
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.
The Town Board may employ on a temporary or permanent 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. The Town Board may require prospective Town employees to submit a written job application that may include health information questions and a criminal record disclosure waiver.
Town officers must observe the standards of care imposed by § 19.21, Wis. Stats., with respect to the care and custody of official property.