[HISTORY: Adopted by the Village Board of the Village of Webster 3-13-1986 as Title 2, Ch. 3 of the 1986 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Ethics — See Ch. 34.
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 them 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 office 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 fees.
A. 
Declaration of exemption from certain statutes. Pursuant to §§ 61.195, 61.197 and 66.0101, Wis. Stats., the Village of Webster elects not to be governed by §§ 61.19 and 61.25(2), Wis. Stats., insofar as they relate to the selection and tenure of the Clerk-Treasurer by election, to the extent that such sections are in conflict with this chapter.
B. 
Creation of consolidated office. The Village of Webster hereby elects, pursuant to § 61.195, Wis. Stats., that the offices of Village Clerk and Village Treasurer shall be combined and that the official to perform the duties of such office after its combination and merger shall be selected as herein provided.
C. 
Appointment; term. The office of Clerk-Treasurer shall be an appointive office. Said person so appointed to perform the duties of such offices shall hold office for an indefinite term, subject to be removed as provided in § 17.12(1)(c) and (d), Wis. Stats.
D. 
Duties.
(1) 
Such person appointed to perform the duties of the combined offices shall perform all duties required of both offices as provided by law and such other duties as are requested to be executed by such person by the Village Board from time to time, as well as such other and further duties with reference to the operation of and administration of the water and sewer facilities of the village.
(2) 
In addition to the duties enumerated in § 61.25, Wis. Stats., the Village Clerk-Treasurer shall keep such books as shall be deemed necessary by the Public Service Commission of Wisconsin and the Village Board for the records of the sewer and water utilities of the village.
E. 
Audit. Annual recurring audits shall be made of the records of such official, and such audit shall be made either by a certified public accountant or by the Municipal Accounting Division of the State Department of Revenue, the designation to be made by the Village Board.
[Amended 6-13-2001]
The Village President may appoint a Deputy Clerk-Treasurer, subject to confirmation by a majority of all the members of the Village Board. The Deputy Clerk-Treasurer shall serve at the pleasure of the Village Board. The Deputy Clerk-Treasurer shall act under the Clerk-Treasurer's direction and, during the temporary absence or disability of the Clerk-Treasurer or during a vacancy in such office, shall perform the duties of Clerk-Treasurer. The acts of the Deputy shall be covered by official bond as the Village Board shall direct.
A. 
Appointment. The office of Village Attorney is an appointed position. The Village President may appoint a Village Attorney at the first regular meeting of the Board in May in odd-numbered years, subject to confirmation by a majority of the members of the Village Board. The Village Attorney's term shall commence on the first day of May succeeding his appointment.
B. 
The Village Attorney shall have the following duties:
(1) 
The Attorney shall conduct all of the law business in which the village is interested.
(2) 
He shall, when requested by village officers, given written legal opinions, which shall be filed with the village.
(3) 
He shall draft ordinances, bonds 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 Attorney shall perform such other duties as provided by state law and as designated by the Village Board.
C. 
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 Fire Chief of the Webster Rural Fire Association shall be selected pursuant to the bylaws of that organization.
B. 
Duties and powers. The Chief shall have general supervision of the Webster Rural Fire Association personnel, apparatus and equipment, subject to the ordinances of the village and the bylaws of the department. He shall be present at all fires and command all fire-fighting operations. He shall enforce or cause to be enforced all fire prevention ordinances, laws and regulations of the village and state. The Fire Chief may make such further rules, regulations and policies for the government of the Fire Department as he may deem necessary. He shall be the Fire Inspector by virtue of his office.
A. 
The Village of Webster hereby elects not to be governed by those portions of § 61.19, Wis. Stats., relating to the method of selection of the Village Assessor, 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 two-thirds 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 or 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.
C. 
The Assessor shall hold office for an indefinite term, subject to removal as provided by law.
[1]
Editor’s Note: Former § 60-7, Weed Commissioner, was repealed 5-9-2018 by Ord. No. 2018-01.
A. 
Appointment.
(1) 
The Chief of Police shall be appointed by the Village Board. The Chief of Police shall hold office during good behavior, subject to suspension or removal by the Board. The Chief of Police shall serve a probationary period of six months, unless otherwise approved for a different period by the Village Board or if extended for a just cause by the Village Board. During the probationary period, the Village Board may, at its option, lay off, or terminate with or without cause, said probationary employee without recourse to any grievance and arbitration procedures.
(2) 
The compensation to be paid the Chief of Police for his or her services, the hours of active duty, rest days, vacation periods and other involvement of his or her employment shall be such as may be determined by the Village Board from time to time.
B. 
General description of duties. The Chief of Police:
[Amended 6-13-2001]
(1) 
Is a "working Chief" who is responsible for specific and general law enforcement activities on a regularly scheduled shift.
(2) 
Performs or directs the administration of the department and directs the work activities, training and supervision of all employees.
(3) 
Makes regular inspection of department equipment, keeping those items in good working order as their training allows and reporting defects, expenditures or malfunctions of equipment to the Village Board for repair or replacement.
(4) 
Provides assistance to the general public by providing information relative to other service agencies or businesses, directions to locations and motorist service assistance.
(5) 
Serves warrants, civil and criminal process papers.
(6) 
Assists other municipal departments as requested or by reporting observations of deficiencies, failure or damage to equipment or property under the control of those respective departments.
(7) 
Provides assistance to other law enforcement, corrections, victim services and social service agencies within this municipal jurisdiction and also provides assistance to those agencies for reported emergencies occurring outside this municipality, when requested to do so.
(8) 
Participates in training to comply with and maintain law enforcement certification standards prescribed by the Wisconsin Department of Justice, Training and Standards Bureau guidelines and any which may be prescribed by this department.
(9) 
Inspects buildings within the municipality after regular business hours to assure that they are locked and reports any discrepancies to business owners immediately.
(10) 
Performs other duties as required by the Village Board which may include, but are not limited to, foot patrol, nonuniform assignment and administrative assistance.
C. 
Administrative duties. The Chief of Police:
[Amended 6-13-2001]
(1) 
Plans, directs, delegates and supervises the daily patrol, investigation and reporting activities of all department members.
(2) 
Formulates and administers department rules and policy with regard to all law enforcement activity and provides for the compliance therewith by all department members.
(3) 
Advises and assists patrol officers on non-routine investigations.
(4) 
Participates as requested in community meetings to provide the public with information on the function and activities of the department.
(5) 
Directs and participates in training of department members so that requirements of the Wisconsin Department of Justice, Training and Standards Bureau guidelines are maintained.
(6) 
Attends meetings of the Village Board and its committee when required, providing information or advice as necessary.
(7) 
Maintains personnel and training records for employees and maintains log books of all on-duty hours.
(8) 
Keeps and supervises all other department records as required by state statutes.
D. 
Traffic. The Chief of Police shall:
[Amended 6-13-2001]
(1) 
Promote public safety through enforcement by the issuance of citations, repair notices and warnings.
(2) 
Conduct traffic accident investigations, preparing all associated reports, including making suggestions for use of regulatory signs to reduce traffic hazards for motorists, bicyclists and pedestrians.
(3) 
Promote traffic safety education to the public through public appearances and the media when possible or as requested.
(4) 
Direct and control traffic as required.
E. 
Enforcement of criminal laws and local ordinances. The Chief of Police shall:
[Added 6-13-2001]
(1) 
Enforce all village ordinances and issue warnings and/or citations for any violations and issue citations after issuance of warnings for any violations if compliance is not met within 30 days.
(2) 
Encourage violators to attend village meetings if the violator disputes issued warnings/citations.
(3) 
Require compliance with state, federal and municipal laws by providing public education through personal contacts and public appearances.
(4) 
Discourage criminal activity through patrol activities in residential, retail and industrial areas.
(5) 
Conduct criminal investigations, gather evidence, take photographs, prepare required reports and testify in court as required.
(6) 
Arrest, control and transport arrested persons or persons taken into protective custody to appropriate detention or medical facilities as directed by department policy.
(7) 
Provide aid or direct crime victims to agencies which provide aid or assistance to crime victims.
(8) 
Assist all other law enforcement agencies in their investigation of criminal activity or the apprehension of offenders by providing requested information or physical assistance should their investigation indicate the person or information being sought is or may be located within the community.
A. 
Appointment. The Director of Public Works 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 Director of Public Works shall hold office for an indefinite term subject to removal for cause after a public hearing by a three-fourths vote of the Village Board.
C. 
Duties and powers. The Director of Public Works 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 and 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.
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, 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. 
Requirement. Within five days after the election or appointment of any village officer, the Village Clerk-Treasurer shall notify the person so selected thereof, and every person elected or appointed to an office shall, within five days after notice of election or appointment, take and file the official oath.
[Amended 6-13-2001]
B. 
Form; procedure. The form, filing and general procedure for the taking of oaths shall be governed by Chapter 19, Subchapter I, Wis. Stats.
A. 
How occurring. Except as provided in Subsection C below, vacancies in elective positions occur as provided in §§ 17.03 and 17.035, Wis. Stats.
B. 
How filled. Vacancies in elective offices shall be filled by appointment by a majority vote of the Village Board for the remainder of the unexpired term. Vacancies in appointive offices shall be filled in the same manner as the original appointment for the remainder of the unexpired term, unless the term for such office is indefinite.
[Amended 6-13-2001]
C. 
Temporary incapacitation. If any officer is 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 §§ 17.12(1)(a) and 17.16, Wis. Stats.
B. 
Appointed officials. Appointed officials may be removed as provided in §§ 17.12(1)(c) and 17.16, Wis. Stats.
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 bond required of a village officer shall be executed with sufficient sureties in a sum fixed by the Village Board when not otherwise prescribed and be approved by the Village President.