[HISTORY: Adopted by the Village Board of the Village of
Athens 11-22-2004 as Title 2,
Ch. 3, of the 2004 Code. Amendments noted where applicable.]
A.
General powers. 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 them by the Village Board. Officers whose powers and
duties are not enumerated in Ch. 61, Wis. Stats., shall have such
powers and duties as are prescribed by law for like officers or as
are directed by the Village Board.
B.
Rules. All officers and departments may make the necessary rules
for the conduct of their duties and incidental proceedings, subject
to prior approval by the Village Board.
C.
Applicability of ethics statutes. The general laws for the punishment
of bribery, misdemeanors and corruption in office shall apply to Village
officers.
D.
Legal representation. Whenever a Village official in his/her official
capacity proceeded against or obliged to proceed before any civil
court, board or commission to defend or maintain his/her official
position, or because of some act arising out of the performance of
his/her official duties, and he/she 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/her for the expenses reasonably incurred for
costs and attorney fees.
The Village officials hereinafter set forth shall be appointed:
|
Official
|
How Appointed
|
Term
|
|---|---|---|
|
Village Clerk
|
Village Board
|
2 years
|
|
Village Treasurer
|
Village Board
|
2 years
|
|
Deputy Clerk/Treasurer
|
Village Board upon recommendation of Clerk
|
2 years
|
|
Village Attorney
|
Village Board
|
Annually
|
|
Assessor
|
Village President subject to confirmation by Village Board
|
By contract
|
|
Engineer (consulting)
|
Village President subject to confirmation by Village Board
|
Pleasure of Board
|
|
Weed Commissioner
|
Village President subject to confirmation by Village Board
|
1 year
|
|
Chief of Police
|
Village Board
|
Indefinite
|
|
Emergency Management Director
|
Village President subject to confirmation by Village Board
|
2 years commencing May 15 following appointment
|
|
State Building Inspector
|
Village President subject to confirmation by Village Board
|
1 year
|
|
Zoning Administrator
|
Village President subject to confirmation by Village Board
|
1 year
|
A.
Selection of Clerk; consolidated positions.
(1)
Pursuant to §§ 61.195, 61.197 and 66.0101, Wis. Stats.,
the Village of Athens hereby elects not to be governed by those portions
of §§ 61.19, 61.25 and 61.26, Wis. Stats., which relate
to the selection and tenure of the Village Clerk and which are in
conflict with this section.
(2)
The positions of Village Clerk and Village Treasurer are consolidated
into a combined Village Clerk/Treasurer position. For purposes of
this Code of Ordinances, reference will typically be made to the individual
offices of Clerk and Treasurer in order to reflect the respective
responsibilities of office. (Charter Ordinance)
B.
Term. The appointed Village Clerk shall hold office for a two-year
term, subject to removal as provided in § 17.13, Wis. Stats.
C.
Purpose. In order that the various officers, officials and employees
and departments executing policy and administering the affairs of
the Village of Athens may operate as efficiently as possible under
a system of a part-time Village President and part-time Trustees,
and to better ensure competent, expeditious, efficient, and harmonious
administration and action in respect to any activity common to one
or more of the Village's officers, officials, and non-law-enforcement
departments, and in order that there may be a uniform application
of policy, the Village Clerk shall have certain administrative responsibilities.
D.
Duties and responsibilities. The Village Clerk shall serve as the
chief administrative officer of the Village of Athens, responsible
to and under the general direction and policy of the Village President
and Village Board, and shall be responsible for the proper administration
of all activities of the Village. The Village Clerk shall have administrative
powers and responsibilities over all departments, department heads
and employees of the Village except the Police Department. To this
end, the Village Clerk shall have the following powers and duties:
(1)
The duties and responsibilities of the Village Clerk include directing
the effective and efficient performance of all non-law-enforcement
Village employees and coordinating and expediting all Village services,
functions and programs.
(2)
The Village Clerk shall have those duties and responsibilities as
described in the position description adopted by the Village Board,
incorporated herein by reference.
E.
Statutory duties as Clerk. The Village Clerk shall be responsible
for performing those duties required by the Wisconsin Statutes and
for the following additional duties:[1]
(1)
Perform all election duties as required by Wisconsin Statutes and
keep and maintain all election records and all property used in conjunction
with holding of elections.
(2)
Publish all legal notices unless otherwise provided; file and preserve
all contracts, bonds, oaths of office and other documents not required
to be filed elsewhere.
(3)
Issue all licenses required by ordinance or statute except as otherwise
provided.
(4)
Attend meetings, take minutes and maintain files for the Village
Board and such other official boards and commissions as may be directed.
(5)
Maintain a file on all Village records, ordinances, resolutions and
vouchers.
(6)
Type and distribute reports for the Village Board and for federal
and state agencies.
(7)
Audit and obtain approval on claims charged against the Village.
(8)
Assist the Assessor in maintaining property assessment records.
(9)
Administer oaths and affirmations.
(10)
Issue licenses to various vendors in the Village.
(11)
Develop and implement improved internal control and financial reporting
procedures as necessary or as directed.
(12)
File financial and other reports with various state agencies.
(13)
File insurance claims on behalf of the Village.
(14)
Locate suppliers of goods or services and obtain quotes.
(15)
Advertise for bids, receive them and summarize the results.
(16)
Identify and evaluate ideas to achieve more efficient and effective
operation.
(17)
Coordinate, supervise and conduct elections.
(18)
Confer with Village President, department heads and Village Board
committees about projects and problems.
(19)
Maintain personnel files.
(20)
Oversee Village purchasing policy as approved by the Village Board.
The Village Board may appoint a Deputy Clerk/Treasurer(s), upon
the recommendation of the Village Clerk. The Deputy Clerk/Treasurer(s)
shall have a two-year term of office. The Deputy Clerk/Treasurer(s)
shall act under the Village Clerk's direction and, during the
temporary absence or disability of the Village Clerk or during a vacancy
in such office, shall perform the duties of Village Clerk. The acts
of the Deputy(s) shall be covered by official bond as the Village
Board shall direct.
A.
Selection. Pursuant to §§ 61.195, 61.197 and 66.0101, Wis. Stats., the Village of Athens hereby elects not to be governed by those portions of §§ 61.19 and 61.26, Wis. Stats., which relate to the selection and tenure of the Treasurer and which are in conflict with this section. (Charter Ordinance) (See § 96-3A.)
C.
Audits. Annual audits shall be made of the records of the Treasurer
with the audit to be made by a certified public accountant.
D.
Duties as Treasurer. The Village Treasurer shall be responsible for
performing those duties required by the Wisconsin Statutes and for
the following additional duties:[2]
(1)
Prepare the tax roll and tax notices required by the State of Wisconsin.
(2)
Prepare financial and bank statements.
(3)
Maintain fiscal records for the Village.
(4)
Make reports to the state on assessments.
(5)
Prepare and send invoices for services provided by municipal utilities.
(6)
Perform record keeping, billing, collections, banking, investments
accounting and financial reporting of all Village operations.
(7)
Collect all taxes for the Village and other taxing bodies.
(8)
Invest idle funds for maximum interest earnings.
(9)
Prepare monthly financial report.
(10)
Maintain payroll records and prepare payroll checks from approved
employee time sheets.
(11)
Prepare check vouchers for payment of approved claims for signature.
(12)
Assist in the preparation and compilation of the annual Village budget.
E.
Duties prescribed by law. The Treasurer shall perform such other
duties as are prescribed by state statutes and by order of the Village
Board. The Treasurer generally shall perform, under direction of the
Village President or other presiding officer of the Board, all duties
pertaining to his/her office as Treasurer and shall be responsible
for all the official acts of assistants.[3]
A.
Appointment. The Village Attorney is an appointed position. The Village Attorney shall be appointed pursuant to § 96-2, except the Village Attorney shall serve a one-year term.
B.
Duties. The Village Attorney shall have the following duties. He/she:
(1)
Shall conduct all of the legal business in which the Village is interested.
(2)
Shall, when requested by Village officers, give written legal opinions,
which shall be filed with the Village.
(3)
Shall draft ordinances, bonds and other instruments as may be required
by Village officers.
(4)
May appoint an assistant, who shall have power to perform his/her
duties and for whose acts he/she shall be responsible to the Village.
Such assistant shall receive no compensation from the Village, unless
previously provided by ordinance.
(5)
Shall perform such other duties as provided by state law and as designated
by the Village Board.
C.
Special counsel. The Village Board may employ and compensate special
counsel to assist in or take charge of any matter in which the Village
is interested.
A.
Appointment. The Chief of Police shall be appointed pursuant to § 96-2. The Chief shall exercise the powers and duties of village marshals and village constables and any other powers and duties as provided from time to time by the Village Board.
B.
General duties.
(1)
The Chief of Police shall have command of the Police Department.
The Chief of Police shall have general administration and control
of the Department and shall be responsible for the Department's
government, efficiency and general good conduct. The Chief of Police
shall perform all duties prescribed to him/her 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 Chief of Police 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 Chief shall cooperate with other law enforcement officers
in the arrest or apprehension of persons charged with crime. The Chief
of Police shall see that all laws and ordinances of the Village and
state are enforced. Whenever any violation thereof shall come to his/her
knowledge, he/she shall cause the requisite complaint to be made and
see that the evidence is procured for the successful prosecution of
the offender or offenders. The Chief of Police shall exercise supervisory
control over all the personnel of his/her department and may adopt,
subject to the approval of the Village Board, rules and regulations
for the government, discipline, equipment and uniforms of the police
officers. The Chief of Police shall be solely responsible for the
care and condition of the equipment used by his/her Department. The
Chief of Police shall keep an accurate and complete record of all
complaints, arrests, traffic violations, convictions and dispositions
of the Department.
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/her
appointment. The Weed Commissioner shall take the official oath, which
oath shall be filed in the office of the Village 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 general administrative responsibilities associated with
public works duties are assigned to the respective Chairpersons of
two standing Village Board committees:
A.
Pursuant to §§ 61.195, 61.197 and 66.0101, Wis. Stats.,
the Village of Athens hereby elects not to be governed by those portions
of §§ 61.19 and 61.23, Wis. Stats., which relate to
the selection and tenure of the Village Assessor and which are in
conflict with this section.
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. Said
person so appointed to perform the duties of such office shall have
a term and serve as determined by contract. 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/she 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.[1]
B.
Powers and duties.
(1)
It
shall be the duty of the Zoning Administrator to see to the enforcement
of all ordinance provisions relating to building permits and zoning.
(2)
The Zoning Administrator shall make all inspections necessary for compliance with and enforcement of Chapter 480, Zoning, of this Code.
(3)
The
Zoning Administrator shall have the power to order all work stopped
on construction, alteration or repair of buildings in the Village
when such work is being done in violation of any Village ordinance.
Work shall not be resumed after the issuance of such an order except
on written permission of the Zoning Administrator.
(4)
The
Zoning Administrator shall issue or cause to be issued all proper
permits for such work after payment of the fees prescribed in the
Village Fee Schedule therefor. He shall process all applications and
make all inspections.
C.
Right of entry. The Zoning Administrator 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.
A.
State Building Inspector position.
(1)
There is hereby created the position of State Building Inspector for the purpose of inspection of new construction of one- and two-family dwellings in the Village. Appointment will be pursuant to § 96-2 of this chapter. The Inspector shall be certified by the Division of Professional Credential Processing, as specified in § 101.66(2), Wis. Stats., in the category of Uniform Dwelling Code Construction Inspector as well as possess the certification categories of UDC HVAC, UDC Electrical, and UDC Plumbing.
(2)
The fees as prescribed in the Village Fee Schedule will be collected
and retained by the Inspector.
B.
Powers and duties.
(1)
It shall be the duty of the State Building Inspector to see to the enforcement of § 190-3 of this Code.
(2)
The State Building Inspector shall make all inspections necessary
for compliance with and enforcement of the Uniform Dwelling Code,
Chs. SPS 320 to SPS 325, Wis. Adm. Code.
(3)
The State Building Inspector shall have the power to order all work
stopped on new construction of one- and two-family dwellings in the
Village when such work is being done in violation of the Uniform Dwelling
Code. Work shall not be resumed after the issuance of such an order
except on written permission of the State Building Inspector.
(4)
The State Building Inspector shall issue or cause to be issued all
proper permits for such work after payment of the fees prescribed
in the Village Fee Schedule therefor. He shall process all applications
and make all inspections.
C.
Right of entry. The State Building Inspector 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.
A.
No person shall be elected by the people to a Village office who
is not at the time of his/her 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, required 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.
Oath of office. Every officer of the Village shall, before entering
upon his/her duties and within five days after notice of election
or appointment, take the oath of office prescribed by law and file
such oath in the office of the Village Clerk. Any person reelected
or reappointed to the same office shall take and file an official
oath for each term of service.[1]
B.
Form; procedure. The form, filing and general procedure for the taking
of oaths shall be governed by Chapter 19, Subchapter I, of the Wisconsin
Statutes.
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 is absent or temporarily
incapacitated from any cause, the Board may appoint some person to
discharge his/her duties until he/she returns or until such disability
is removed.
Village officers must observe the standards of care imposed
by § 19.21, Wis. Stats., with respect to the care and custody
of official property.
