City of New Berlin, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of New Berlin 10-10-2000 by Ord. No. 2124 as Secs. 1.01 through 1.04, 1.06, 1.07, 1.13 and 1.14 of the Municipal Code. Amendments noted where applicable.]
GENERAL REFERENCES
Civil service — See Ch. 11.
Elections — See Ch. 21.
Emergency government — See Ch. 24.
Code of Ethics — See Ch. 28.

§ 51-1 Form of government.

The City operates under the Mayor-Council form of government under Ch. 62, Wis. Stats.

§ 51-2 Election of Mayor and City Council; meetings.

A. 
Commencing at the spring election of 1981, the Mayor shall be elected for a term of four years. The term of office of the Mayor shall commence on the third Tuesday of April in the year of election.
B. 
Commencing at the spring election of 1980, the Aldermen for the first, third, fifth and seventh Aldermanic districts of the City shall be elected for a term of three years. The term of office of such Aldermen shall commence on the third Tuesday of April in the year of election.
C. 
Commencing at the spring election of 1981, the Aldermen for the second, fourth and sixth Aldermanic districts of the City shall be elected for a term of three years. The term of office of such Aldermen shall commence on the third Tuesday of April in the year of election.
D. 
Regular meetings of the Common Council shall be held on the second and fourth Tuesdays of each month. The Common Council shall meet as a Committee of the Whole, for the purpose of discussion, on the second and fourth Tuesdays of each month prior to the Common Council meeting and/or at such other times as duly called. All Common Council meetings, whether regular, special, Committee of the Whole or adjourned, shall be held at the New Berlin City Hall unless another location is determined by the Common Council at a previous meeting, and shall be scheduled at such times or be subject to cancellation or adjournment as shall be determined from time to time by the Council.
[Amended 10-23-2001 by Ord. No. 2148]

§ 51-3 Unclassified officials.

[Amended 7-28-2009 by Ord. No. 2411]
The following City officials shall be appointed by the Mayor subject to confirmation by the City Council for the terms indicated.
A. 
City Attorney. The City Attorney shall be appointed pursuant to the provisions of this section; however, the person so appointed shall be a member of the firm with whom the City has contracted to provide its general legal services. The term of appointment shall be equal to the length of the period during which such firm is to provide the City’s general legal services, and said term shall begin on January 1 of the year of appointment.
B. 
Weed Commissioner. The Weed Commissioner shall serve for a term of one year, which term shall begin on May 1 of the year of appointment.

§ 51-4 Public works.

A. 
Supervision. The following directors shall have supervision over the following departments and personnel:
(1) 
Streets Division: Director of Utilities and Streets Operations.
[Amended 7-23-2002 by Ord. No. 2180]
(2) 
Engineering Department: Director of Community Development.
(3) 
Building, Inspection and Zoning Department and maintenance of City buildings and grounds: Director of Building, Inspection and Zoning.
(4) 
Utilities (sewer and water): Director of Finance and Administration.
[Amended 7-23-2002 by Ord. No. 2180]
B. 
Duties.
(1) 
In addition to supervision of the departments enumerated in Subsection A, the director of each of the above-noted departments shall be in charge of all purchases and supplies and equipment for their departments as set forth in Subsection A.
(2) 
The directors shall supervise and direct all capital planning and building programs except those specified as being within the other jurisdictions.
(3) 
The City Engineer shall prepare specifications for all public works and equipment.
(4) 
The City Engineer shall be in charge of and supervise all public works and shall make recommendations therefor to the City Council.
(5) 
The director shall prepare budget recommendations for the department under the director's supervision.
(6) 
The director shall have such other duties and functions as may be imposed upon the director from time to time by the City Council.
C. 
Records and reports. Each of the respective directors shall maintain cost accounting records for all purchases by their departments and in connection with all contracts for public works, the purchase of equipment and all expenditures made from municipal services under the director's jurisdiction. The director shall make reports with reference to the director's duties as requested from time to time by the City Council.

§ 51-5 Salaries and compensation; health insurance.

[Amended 2-15-2001 by Ord. No. 2130]
A. 
The following elected officers shall be paid the salaries and allowances for their terms of office as hereinafter provided in full compensation for their services as such officers:
(1) 
Mayor.
(a) 
The Mayoral salary for 2009 shall be $83,772.82, payable biweekly, and said salary shall be increased annually thereafter by 2% for the balance of the term. Mayoral salary for the term commencing April 2013 through April 2017 shall be $88,900.40, payable biweekly.
[Amended 1-28-2009 by Ord. No. 2404; 11-27-2012 by Ord. No. 2500]
(b) 
Expense allowance. An expense allowance is awarded in the amount of $100 per month and use of a City vehicle.
(c) 
The City contributes the employer contribution of the Wisconsin Retirement Fund for the Mayor; however, the Mayor is responsible to make his or her own contribution to said fund in accordance with applicable law. All eligibility and benefits are governed by the Wisconsin Statutes and the rules of the Wisconsin Retirement System. The City shall pay for life insurance, accidental death and dismemberment coverage and health insurance.
[Amended 11-27-2012 by Ord. No. 2500]
(2) 
Aldermen.
(a) 
Salary. Each Alderman shall be paid $6,100 annually, payable monthly. Effective April 20, 1999, the salary for Aldermen shall be $7,000 annually for the Aldermen elected in 1999. The Aldermen elected in 2001 shall receive $7,000 annually upon installation.
(b) 
Expense allowance. An expense allowance is awarded in the amount of $100 per month. Effective April 20, 1999, the expense allowance shall be $250 per month for the Aldermen elected in 1999. The Aldermen elected in 2001 shall receive $250 per month upon installation.
(c) 
Aldermen shall have health, accident and life insurance coverage available, provided they pay to the City the full cost thereof.
(3) 
Council President. Additional salary for the Council President shall be in an amount of $600 annually, payable monthly.
(4) 
Municipal Judge.
(a) 
The Municipal Judge shall be paid the sum of $28,368.88 annually, payable monthly, effective upon the adoption of this ordinance[1] through April 2017.
[Amended 11-27-2012 by Ord. No. 2500]
[1]
Editor’s Note: "This ordinance" refers to Ord. No. 2500, adopted 11-27-2012.
(b) 
The City shall pay for the Municipal Judge single health and accident insurance coverage.
(c) 
The Municipal Judge shall have life insurance coverage available, provided that the Judge pay to the City the full cost thereof.
B. 
Continuing health insurance coverage upon retirement. Upon their retirement from the City of New Berlin, elected officers shall be given the option of continuing their health insurance coverage through the City of New Berlin Health Insurance Plan, at their own expense, providing all of the following conditions are met:
(1) 
They have given at least 20 years of continuous service to the City of New Berlin prior to their retirement;
(2) 
They have reached at least 65 years of age; and
(3) 
They have been insured through the City of New Berlin Health Insurance Plan for at least five consecutive years immediately preceding their retirement.

§ 51-6 Police compensation; working hours.

The Council shall provide for a working day of not more than eight hours in each 24 except in cases of positive necessity by some sudden and serious emergency, which, in the judgment of the Chief of Police, demands that such work day shall be extended beyond the eight-hour period at such time; and when such emergency ceases to exist, all overtime given during such emergency shall be placed to the credit of such policeman, and additional days of rest given therefor, unless such policeman has been compensated for such overtime as authorized by the Council.

§ 51-7 Director of Finance and Administration.

[Amended 6-19-2001 by Ord. No. 2142; 7-23-2002 by Ord. No. 2180]
Such position shall be filled by the Civil Service Commission pursuant to Chapter 11, Civil Service, of this Code. Under its home rule powers, the City chooses not to be controlled by the provisions of § 62.09(10), Wis. Stats., but rather that each month a public accountant employed by the Council, licensed under Ch. 442, Wis. Stats., shall examine the Director of Finance and Administration's accounts as reported and kept, and report thereon to the Council as to their correctness and as to any violation by the Director of Finance and Administration of his duty in the manner of keeping accounts and disbursing moneys.

§ 51-8 Payment of judgments.

A. 
Pursuant to § 895.46, Wis. Stats., if the defendant in any action or special proceeding is a City officer or employee, past, present or future, and is proceeded against in an official capacity or as an individual because of acts committed while carrying out duties as an officer or employee, and the jury, judge or City Council finds that the defendant was acting within the scope of his employment, the judgment as to damages and costs entered against the officer or employee in excess of any insurance applicable to the officer or employee shall be paid by the City.
B. 
Also pursuant to § 895.46, Wis. Stats., regardless of the results of litigation, the City, if it does not provide legal counsel to the defendant officer or employee, shall pay reasonable attorney fees and the costs of defending the action, unless it is found by the court, jury or City Council that the defendant officer or employee did not act within the scope of employment.
C. 
Officers and employees are as defined in § 62.09(1), Wis. Stats., and shall include Aldermen.
D. 
If an officer, employee or Alderman has joined or joins litigation in which the City is a party in order to raise issues which the City may be prohibited from raising but which the officer, employee or Alderman can raise in an individual capacity, such officer, employee or Alderman shall have the protections set forth in Subsections A and B above and shall be reimbursed for reasonable attorney's fees and costs, and the City shall satisfy any judgment entered against such officer, employee or Alderman.

§ 51-9 Assessor and Engineer. [1]

A. 
Pursuant to §§ 62.09(1), 62.09(3)(b) and 66.0101, Wis. Stats., the City of New Berlin hereby elects not to be governed by those portions of § 62.09(3), Wis. Stats., which relate to the selection and tenure of the Assessor and Engineer and which are in conflict with this section.
B. 
Hereafter, instead of being appointed as provided in § 62.09(3)(b)(2), Wis. Stats., the Assessor and Engineer of the City of New Berlin shall be appointed by the Mayor, subject to confirmation by the Council, the selection to be made as provided by § 62.09(3)(b)(5), Wis. Stats., from an eligible list established pursuant to § 66.0509, Wis. Stats.
C. 
Said Assessor shall hold office for an indefinite term, commencing January 1, 1964, subject to removal as provided by law.
D. 
Said Engineer shall hold office for an indefinite term, subject to removal as provided by law.
[1]
Editor's Note: This section was originally adopted 6-4-1963 by Charter Ord. No. 1. See Ch. A280, Charter Ordinances.

§ 51-10 through § 51-19. (Reserved)

§ 51-11 Preemployment criminal background check.

[Added 1-14-2003 by Ord. No. 2192]
A. 
All individuals who apply for employment with the City and who are conditionally offered a position with the City shall submit to a criminal background check. Any information obtained through the background investigation shall be evaluated for substantial relationship to the circumstances of the job as determined by the City consistent with Chapter 111 of the Wisconsin Statutes, as amended.
B. 
The criminal background checks shall be performed at the request of the Director of Human Resources or an authorized officer of the City and shall be performed by the New Berlin Police Department through the appropriate databases.
C. 
Requests for preemployment criminal background checks shall only be made for the specific purposes identified in this section, and any information provided thereby shall remain confidential consistent with the applicable provisions of state and federal law.