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