[HISTORY: Adopted by the Village Board of the Village of Trempealeau 12-2-1987 as Title 2, Ch. 3, of the 1987 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Elections — See Ch. 44.
Ethics — See Ch. 48.
Building construction — See Ch. 205.
A. 
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 him by the Village Board. Officers whose powers and duties are not enumerated in Chapter 61 of the Wisconsin Statutes shall have such powers and duties as are prescribed by law for like officers or as are directed by the Village Board.
B. 
All officers and departments may make the necessary rules for the conduct of their duties and incidental proceedings.
C. 
The general laws for the punishment of bribery, misdemeanors and corruption in officers shall apply to Village officers.
D. 
Whenever a Village official in his official capacity proceeded against or obliged to proceed before any 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 such sum as it sees fit, to reimburse him for the expenses reasonably incurred for costs and attorney's fees.
A. 
Statutes not to govern. The Village of Trempealeau, pursuant to §§ 61.195 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. 
Consolidation. The offices of Village Clerk and Village Treasurer shall be and they hereby are consolidated and the duties of both offices shall be performed by the person appointed a Village Clerk-Treasurer by the Village President, subject to confirmation by the Village Board, commencing on March 7, 1992.
[Amended 8-19-1997]
C. 
Appointment. The appointed Village Clerk-Treasurer shall hold office for an indefinite term, subject to removal as provided by § 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 shall, from time to time, direct to be executed by the Clerk-Treasurer.
E. 
Records. The records of the Clerk-Treasurer shall be audited annually in the same manner as the separate records of the Village Clerk and the Village Treasurer have previously been audited.
A. 
Appointment. The Village Attorney is an appointed position. The Village President shall at the organizational meeting in April appoint a Village Attorney, subject to confirmation by a majority of the members of the Village Board. The Village Attorney shall serve at the pleasure of the Village Board.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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) 
He shall, when requested by Village officers, give written legal opinions, which shall be filed with the Village.
(3) 
He shall draft ordinances and other instruments as may be required by Village officers.
(4) 
He may appoint an assistant, who shall have power to perform his duties and for whose acts he shall be responsible to the Village. Such assistant shall receive no compensation from the Village, unless previously provided by ordinance.
(5) 
The Village Board may employ and compensate special counsel to assist in or take charge of any matter in which the Village is interested.
(6) 
The Village Attorney shall perform such other duties as provided by state law and as designated by the Village Board.
[1]
NOTE: This a Charter Ordinance, January 6, 1992.)
A. 
Appointment.
(1) 
The Village police officer(s) shall be appointed by a majority vote of the members of the Village Board for an indefinite term, subject to removal pursuant to the procedures established in § 61.65(1)(am), Wis. Stats. The Village police officer(s) 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.
(2) 
The compensation to be paid the Village police officer(s) for their services, the hours of active duty, rest days, vacation periods and other involvement of their employment shall be such as may be determined by the Village Board from time to time.
B. 
General duties.
(1) 
The Village police officer(s) shall have general administration of the Department and shall be responsible for the Department's government, efficiency and general good conduct. They shall perform all duties prescribed to them by the laws of the state and the ordinances of the Village and shall obey all lawful written orders of the Village President or Village Board.
(2) 
The Village police officer(s) 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 Village police officer(s) shall cooperate with other law enforcement officers in the arrest or apprehension of person charged with crime.
A. 
Appointment. The Fire Chief shall be appointed pursuant to the bylaws of the Department.
B. 
Powers and duties of Fire Chief.
(1) 
The Fire Chief shall have general supervision of the Department, subject to: this chapter, oversight by the Fire Board, and the bylaws of the Department; and shall be responsible for the personnel and general efficiency of the Department.
(2) 
It shall be the duty of the Fire Chief to preside at all meetings of the Department, to call special meetings, to preserve order, to decide all points of order that may arise, and to enforce a rigid observance of this chapter and of the bylaws of the Department.
(3) 
It shall be the duty of the Fire Chief or another ranking officer of the Department to be present at all fires, to have complete command of and the entire responsibility for all firefighting operations, to plan the control of the same, to direct the action of the company when they arrive at a fire, to observe that the Department does its duty, to grant leaves of absence at a fire when the Fire Chief deems it proper and to see that all fire apparatus is kept in proper condition at all times.
(4) 
The Fire Chief shall enforce all fire prevention ordinances of the Village and state laws and regulations pertaining to fire prevention and shall keep citizens informed on fire prevention methods and on the activities of the Department.
(5) 
The Fire Chief shall keep a fire record book of every fire to which the Department was called and shall enter in such book the locality of fire, time dispatch was received, cause of fire, where fire started, cause of delay (if any) in responding, method of extinguishment and equipment used, amount of insurance carried on building and contents (if known), estimated fire loss, time fire was extinguished, names of Department members responding, and general remarks.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The Weed Commissioner shall be appointed by the Village President, subject to Village Board confirmation. The term of office of the Weed Commissioner shall commence on the first day of May following his appointment. The Weed Commissioner shall take the official oath, which oath shall be filed in the Office of the Village Clerk-Treasurer 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 Superintendent of Streets shall be appointed by a majority vote of the Village Board solely on the basis of merit, training, experience, administrative ability, efficiency and general qualifications and fitness for performing the duties of the position.
B. 
Term. The Superintendent of Streets shall hold office for an indefinite term subject to removal by a majority vote of the Village Board.
C. 
Duties and powers. The Superintendent of Streets shall have the following duties and powers:
(1) 
He shall have general charge and supervision of all public works in the Village.
(2) 
He shall be responsible for the maintenance, repair and construction of streets, alleys, curbs and gutters, sidewalks, bridges, street signs, storm sewers, Village buildings and structures and all machinery, equipment and property used in any activity under his control.
(3) 
He shall have charge of all public services, including garbage and refuse collection and disposal, snow and ice removal, street cleaning and flushing, mosquito and rodent control.
(4) 
He shall perform such other activities and duties as are imposed upon him from time to time by the Village Board or by his job description and employment contract.
A. 
Pursuant to §§ 61.195, 61.197 and 66.0101 of the Wisconsin Statutes, the Village hereby elects not to be governed by those portions of §§ 61.19 and 61.23 of the Statutes which relate to the selection and tenure of the Village Assessor, and which are in conflict with this section. [Charter Ordinance]
B. 
Hereafter, instead of being elected, the Assessor or assessing firm shall be appointed by the Village President, subject to confirmation by a majority vote of the members-elect of the Village Board. 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.
C. 
The Assessor shall have an indefinite term of office, subject to removal under § 17.14(1), Wis. Stats.
D. 
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 the information may be revealed to and used by persons in the discharge 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), unless a court determines that it is inaccurate, is, per § 70.47(7)(af), not subject to the right of inspection and copying under § 19.35(1), Wis. Stats.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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, requiring 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. 
Requirement. Within five days after the election or appointment of any Village officers, the Village Clerk-Treasurer shall notify the person so selected thereof. Every person elected or appointed to the office of Village President, Trustee, and Village Clerk-Treasurer shall within five days after notice thereof, when required, take and file the official oath.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 be 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.
A. 
Elected officials. Elected officials may be removed by the Village Board as provided in §§ 17.13(2) and 17.16, Wis. Stats.
B. 
Appointed officials. Appointed officials may be removed as provided in §§ 17.13(1) and 17.16, Wis. Stats.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Village officers must observe the standards of care imposed by § 19.21, Wis. Stats., with respect to the care and custody of official property.
Every officer shall, if required by law or the Village Board, upon entering upon the duties of his office, give a bond in such amount as may be determined by the Village Board with such sureties as are approved by the Village President, conditioned upon the faithful performance of the duties of his office. Official bonds shall be filed with the office of the Village Clerk-Treasurer. Any person reelected or reappointed to the same office shall take and file an official bond for each term of service.
[Amended 10-3-1994]
A. 
Appointment. The Building Inspector shall be appointed annually by the President, subject to Village Board confirmation.
B. 
Duties. The Building Inspector shall have the following duties:
(1) 
Review plans and applications for building permits;
(2) 
Issue permits for construction of new homes;
(3) 
Inspect foundations, frames, roofs, etc., to assure that they meet the requirements of the building code;[1]
[1]
Editor's Note: See Ch. 205, Building Construction.
(4) 
Recommend and advise the public and contractors on code compliance;
(5) 
Issue orders to correct discrepancies and code violations;
(6) 
Consult with builders, owners and members of the public pertaining to the Village codes and ordinances;
(7) 
Report on the status of code enforcement activity to the Board;
(8) 
Perform other duties as may be directed by the Village Board.
C. 
Right of entry. The Building Inspector or his deputies shall have the power to make or cause to be made an entry into any building or premises where the work of constructing any new building or structure is going on, including plumbing and electrical work.
[Amended 10-3-1994]
A. 
Appointment. The Zoning Assistant shall be appointed annually by the President, subject to Village Board confirmation.
B. 
Duties. The Zoning Assistant shall have the following duties:
(1) 
Review plans and applications for building permits;
(2) 
Consult with builders, owners and members of the public pertaining to the Village codes and ordinances;
(3) 
Report on the status of code enforcement activity to the Board;
(4) 
Perform other duties as may be directed by the Village Board.