Town of Herman, WI
Dodge County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Herman at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 32.
Government and elections — See Ch. 52.
Town Board — See Ch. 120.

§ 84-1 Elected officers and appointed officials.

A. 
Elected Town Board members. Pursuant to § 120-1 of this Code, the Town of Herman shall elect a Chairperson and two Supervisors.
B. 
Restrictions.
(1) 
Only an elector of the Town may hold a Town office, other than an Assessor appointed under § 60.307, Wis. Stats.
(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 Wisconsin Department of Revenue, under § 73.09, Wis. Stats., 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 Wisconsin 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.
(2) 
The regular term of elected Town officers, other than the Town Assessor, if elected, commences on the third Tuesday of April in the year of their election.
E. 
Appointed officials. The following Town officials may be appointed in the manner and for the term indicated:
Official
How Appointed
Term
Attorney
Town Board
Indefinite
Assessor
Town Board
By contract (3-year maximum contract)
Building Inspector
Town Board
By contract (3-year maximum contract)
Zoning Administrator
Town Board
By contract (3-year maximum contract)
Town Engineer
Town Board
By contract (3-year maximum contract)
Animal Control Officer
Town Board
Indefinite
Weed Commissioner
Town Board
1 year

§ 84-2 Temporary vacancies.

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, 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 residue 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.

§ 84-3 Official oath and bond.

A. 
Official oath. Except as provided in Subsection C of this section, 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. The Town Clerk, Town Treasurer and elected Assessor, if applicable, shall execute and file an official bond provided by the Town. No natural person may be a surety on a bond under this subsection. The bond may be furnished by a surety company under § 632.17(2), Wis. Stats. The amount of the bond shall be fixed by the Town Board. If the amount of the bond is not fixed by the Board, the amount shall be the same as that required of the last incumbent of the office. If the Town Board at any time determines that the bond is insufficient, it may require an additional bond to be filed within 10 days in an amount fixed by the Board. If the Town Board establishes Deputy Clerk or Treasurer positions, such persons shall be bonded.
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 and 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.

§ 84-4 Compensation of elective Town offices.

A. 
Established by Town Meeting or Town 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, which is set by citizen vote.
B. 
Nature of compensation. Compensation under this section may be:
(1) 
An annual salary.
(2) 
A per diem compensation for each meeting necessarily devoted to the service of the Town and the discharge of duties. Board members or Town officials shall be the Town's authorized representative at a meeting or be attending an authorized convention/training session to be eligible for per diem compensation.
(3) 
A combination of the above.
C. 
When established. Compensation under this section shall be established prior to the latest date for the caucus 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.

§ 84-5 Reimbursement of expenses.

A. 
Generally. The Town Board may provide for reimbursement of expenses necessarily incurred by any officer or employee of the Town in the performance of official Town duties pursuant to § 40-10 of this Code. 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. 
Handbooks and manuals. The Town Board may purchase handbooks and manuals that will materially assist Town officials and employees in the performance of official duties.

§ 84-6 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.

§ 84-7 Building Inspector.

A. 
Appointment; contract services. The Town Board shall contract for building inspection services, the terms to be prescribed by professional services agreement. The Town Board shall require that the inspection firm provide evidence of liability insurance.
B. 
Powers and duties of Building Inspector. The Building Inspector shall:
(1) 
Enforce the Town's building and housing codes and all other ordinances, laws, and orders of the Town and state which relate to building construction, alteration, and repair.[1] With the authorization of the Town Board, he/she may appoint one or more Deputy Building Inspectors and may delegate to them the above-mentioned powers and duties.
[1]
Editor's Note: See Ch. 170, Building Construction.
(2) 
Make all on-site inspections necessary for compliance with and enforcement of the building code. The Building Inspector shall review plans, collect fees related to the building code, and arrange for on-site inspections. The Building Inspector shall have proper certification in areas of responsibility from the State of Wisconsin in the area of building inspection.
(3) 
Have such responsibilities as assigned under Town highway construction, driveway and culvert ordinances.[2]
[2]
Editor's Note: See Ch. 195, Driveways and Culverts, and Ch. 334, Streets and Sidewalks.
(4) 
Have the power to order all work stopped on construction, alteration, repair or use of buildings in the Town when such work is being done in violation of any Town ordinance. Work shall not be resumed after the issuance of such an order, except on written permission of the appropriate inspector.
C. 
Right of entry. Building Inspectors shall have the power to make or cause to be made an entry into any building or premises where the work of altering, repairing, or constructing any building or structure is going on, including plumbing and electrical work.

§ 84-8 Weed Commissioner.

The Weed Commissioner may 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.

§ 84-9 Town Attorney; special counsel.

A. 
Appointment. The office of Town Attorney is an appointed position. The Town Attorney may be appointed by the Town Board and shall serve at the pleasure of the Board. The Town Board shall negotiate and establish the compensation in a contract for the designation, retention or employment of an attorney based on a regular salary, per diem rate, retainer, hourly rate, or other methods agreed to by the Attorney and the Town Board. The cost of legal services provided to the Town may be billed back to private parties when such parties have created the need for such expenditures.
B. 
Duties. The Town Attorney shall have the following duties:
(1) 
The Town Attorney shall:
(a) 
Conduct all of the law business in which the Town is interested.
(b) 
When requested by Town officers, given written legal opinions, which shall be filed with the Town.
(c) 
Draft ordinances, bonds and other instruments as may be required by Town officers.
(d) 
Perform such other duties as provided by state law and as designated by the Town Board.
(2) 
The Town Attorney 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.
C. 
Special counsel. The Town Board may employ and compensate special counsel to assist in or take charge of any matter in which the Town is interested.

§ 84-10 Town Engineer.

The office of Town Engineer is an appointed position. The Town Engineer may be appointed by the Town Board and shall serve at the pleasure of the Board. When authorized by the Town Board, the Town Engineer shall provide engineering services to the Town. The cost of engineering services provided to the Town may be billed back to private parties when such parties have created the need for such expenditures.

§ 84-11 Town Constable position abolished; Animal Control Officer.

A. 
Town Constable position abolished. Pursuant to §§ 60.22(4) and 60.35, Wis. Stats., the Town Board hereby elects not to have the position of Town Constable. For purposes of this Code of Ordinances, a Town Code Enforcement Officer, Animal Control Officer and/or other enforcement authority may be appointed to perform enforcement duties for certain Town ordinances.
B. 
Animal Control Officer position established. The Town Board elects to establish the position of Animal Control Officer. The Animal Control Officer shall be appointed by the Chairperson, subject to Town Board confirmation or as established by contract. The Animal Control Officer is authorized to administer and enforce the provisions of Chapter 150, Animals, Article II, Animal Control, of this Code and any other animal ordinances of the Town of Herman.
C. 
Nonexclusivity. Adoption of this section does not preclude the Town Board from adopting any other ordinances or providing for the enforcement of any other law or ordinance relating to the same or other matters.

§ 84-12 Care and custody of official property.

Town officers must observe the standards of care imposed by § 19.21, Wis. Stats., with respect to the care and custody of official property.

§ 84-13 Eligibility for office; incompatible offices.

A. 
Any person who is a qualified elector in the Town of Herman may hold any elected Town office. No member of the Town Board may, during his or her term, be eligible for any Town office or Town position which, during such term, has been created by or the selection to which is vested in the Town Board. Any member of the Town Board will be eligible for such Town office or Town position if he or she resigns from the Town Board before being appointed to the Town office or Town position and if the office or position was not created during his or her term in office.
B. 
Certain Town offices are incompatible, by common law and statutory law, with other Town offices and also with other county, state or federal offices. No Town officer shall serve in both offices at the same time. If any question or concern by any person is raised to the Town Board regarding incompatibility of any office in the Town of Herman, the Town Attorney, at the request of the Town Board, shall review the matter and shall provide his or her written comments to the Town Board.