[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.]
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:
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.
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.
C.
Exceptions. If the Town reverts to a system of electing
an Assessor and/or creates a Municipal Court:
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.
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:
B.
Manuals. The Town Board may purchase handbooks and
manuals that will materially assist Town officials and employees in
the performance of official duties.
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]
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.
G.
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.
(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.
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.
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.
[Added 12-9-2022 by Ord. No. 2022.12.01]
Pursuant to Wisconsin Statutes § 60.37(3), the Town
Board created the position of Town Administrator to be employed to
serve at the pleasure of the Town Board as follows:
A.
Appointment; term of office; removal. The Town Administrator shall
be appointed on the basis of merit with due regard to training, experience,
administrative ability and general fitness for the office by a majority
vote of the Town Board. The Administrator shall serve and hold office
at the pleasure of the Town Board, subject to removal at any time
by a majority vote of the entire Town Board. This section shall not
preclude the Town Board from establishing other employment terms and
conditions not inconsistent with the provisions of this or other ordinances
or laws governing the Town of Trenton. In the absence of the Administrator
or in the event of a vacancy in the position, an interim Town Administrator
shall be appointed by a majority vote of the entire Town Board. Such
interim Administrator shall serve in this position until a new Town
Administrator shall be appointed.
B.
Functions and duties of the Administrator. The Administrator, subject
to the limitations defined in resolutions and ordinances of the Town
of Trenton and Wisconsin Statute, shall be the Chief Executive Officer
of the Town, responsible only to the Town Board through the Town Chairperson
for the proper administration of the business and affairs of the Town
pursuant to the statutes of the State of Wisconsin, the ordinances
of the Town of Trenton and the resolutions and directions of the Town
Board.
C.
General duties.
(1)
Carry out all lawful directives of the Town Board which require administrative
implementation, reporting promptly to the Town Chairperson and Town
Board any difficulties encountered therein.
(2)
Be responsible for the administration of all day-to-day operations
of Town government, including an awareness of enforcement of Town
ordinances and state statutes.
(3)
Prepare a plan of administration, including an organizational chart,
which defines authority and responsibility for all nonstatutory positions
of the Town; and submit it to the Town Board for adoption as the official
organization and administrative procedures plan.
(4)
Establish, when necessary, administrative procedures to increase
the effectiveness and efficiency of the Town government according
to current practices in local government, not inconsistent with the
plan of administration or Town Board directives.
(5)
Serve as an ex-officio nonvoting member of all boards, commissions
and committees of the Town, except as specified by the Town Board.
(6)
Keep informed concerning county, state and federal legislation and
administrative rules affecting the Town and submit appropriate reports
and recommendations to the Town Board.
(7)
Keep informed concerning the availability of county, state and federal
funds for local programs. Assist department heads and the Town Board
in obtaining these funds, under the direction of the Town Board.
(8)
Represent the Town in matters involving legislative and intergovernmental
affairs as authorized and directed as to that representation by the
Town Board.
(9)
Act as the public information officer for the Town with the responsibility
of assuring that the news media is kept informed about the operations
of the Town and that open meeting regulations are followed.
(10)
Establish and maintain procedures to facilitate communications
between citizens and Town government to assure that complaints, grievances,
recommendations and other matters receive prompt attention by a responsible
official, and to assure that all such matters are expeditiously resolved.
D.
Responsibilities to the Town Board.
(1)
Attend at least one meeting each month of the Town Board, unless
excused by a majority of the Board or the Town Chairperson, assisting
the Chairperson and Supervisors as required in the performance of
their duties.
(2)
In coordination with the Chairperson, prepare the agenda for all
meetings of the Town Board, together with such supporting material
as may be required; with nothing herein being so construed as to give
the Administrator authority to limit or in any way prevent matters
from being considered by the Town Board.
(3)
Assist in the preparation of ordinances and resolutions as requested
by the Town Board, or as needed.
(4)
When appropriate, make recommendations to the Town Board to improve
the efficiency and effectiveness of Town government, including changes
in organizational structure and utilization of personnel.
(5)
Keep the Town Board regularly informed about the activities of the
Administrator's office, by oral or written report at regular
meetings of the Board.
(6)
Sign all contracts and other documents on behalf of the Town which
have been approved by the Town Board. This shall not authorize the
Town Administrator to sign documents which, according to law, must
be signed by the Town Chairperson and/or the Town Clerk.
E.
Personnel.
(1)
Be responsible for the administrative direction and coordination
of all employees of the Town according to established organizational
procedures.
(2)
Recommend to the Town Board the appointment, promotion and when necessary
or desirable for the good of the Town, the suspension, discipline
and/or removal of any nonstatutory employees of the Town.
(3)
Serve as personnel officer for the Town with responsibilities to
see that complete and up-to-date personnel records, including special
job descriptions for all Town employees, are kept; evaluate in conjunction
with department heads the performance of all employees on a regular
basis; recommend salary and wage scales for Town employees not covered
by collective bargaining agreements; develop and enforce high standards
of performance by Town employees; assure that Town employees have
proper working conditions; work closely with department heads to promptly
resolve personnel problems or grievances.
(4)
Serve as lead person in labor contract negotiations and all collective
bargaining matters.
(5)
Work closely with department heads to assure that employees receive
adequate opportunities for training to maintain and improve their
job-related knowledge and skills and act as the approving authority
for requests by employees to attend conferences, meetings, training
schools, etc., provided that funds have been budgeted for these activities.
F.
Budget and purchasing.
(1)
Be responsible for preparation of the annual Town budget, which requires
Town Board approval for presentation to the townspeople at the annual
Town budget hearing, and Town Board adoption, in accordance with such
guidelines as may be provided by the Town Board and in coordination
with department heads.
(2)
Administer the budget as adopted by the Town.
(3)
Report regularly to the Town Board on the current fiscal position
of the Town and the current status of expenditures relative to the
Town budget.
(4)
Supervise the accounting systems of all Town departments and ensure
that these systems employ methods in accordance with current professional
accounting practices.
(5)
Serve as purchasing agent for the Town, supervising all purchasing
and contracting for supplies and services in conjunction with the
Board, subject to the purchasing procedures established by the Town
Board and to the limitations of state law.
G.
Cooperation. All officers and employees of the Town shall cooperate
with and assist the Town Administrator so that the Town government
shall function effectively and efficiently.
