Town of Cedarburg, WI
Ozaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Cedarburg 1-2-1991 as Title 2, Ch. 4 of the 1991 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Boards, commissions and committees — See Ch. 16.
Emergency management — See Ch. 36.
Ethics — See Ch. 40.
Government and elections — See Ch. 48.
Town Board — See Ch. 78.

§ 63-1 Elected officers.

A. 
Elected Town officers. At the annual spring election in even-numbered years, the Town shall elect two Supervisors. At the annual spring election in odd-numbered years, the Town shall elect a Chairperson and two Supervisors.
[Amended 4-4-2007 by Ord. No. 2007-4]
B. 
Restrictions.
(1) 
Only an elector of the Town may hold a Town office, other than an Assessor appointed under § 60.307, Wis. Stats.
[Amended 10-4-2006 by Ord. No. 2006-11]
(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 Department of Revenue, under § 73.09, 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 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.
D. 
Term of office.
(1) 
Every elected Town officer shall hold the office for two years.
(2) 
The regular term of elected Town officers, other than the Town Assessor, if elected, commences on the third Tuesday of April in the year of their election.
[Amended 4-3-2013 by Ord. No. 2013-3]

§ 63-2 Temporary vacancies.

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 and the Town Clerk, 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 remainder 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.

§ 63-3 Official oath and bond.

A. 
Official oath. Except as provided in Subsection C, every elected or appointed Town officer shall take and file the oath under § 19.10, Wis. Stats., within five days after notification of election or appointment.
B. 
Official bond. The Town Clerk, 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:
(1) 
An elected Assessor shall take and file the official oath and bond at any time between May 27 and May 31.
(2) 
The Municipal Judge shall take and file the official oath and bond under § 755.03, Wis. Stats.
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.

§ 63-4 Compensation of elective offices.

A. 
Established by Town Meeting or 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.
B. 
Nature of compensation. Compensation under this section may be:
(1) 
An annual salary.
(2) 
A per diem compensation for each day or part of a day necessarily devoted to the service of the Town and the discharge of duties.
(3) 
A combination of the above.
C. 
Changes during term. Subject to Subsection D, the Town Meeting or, if authorized to establish compensation, the Town Board may make a change in the compensation of an elective Town office to take effect during the term of office.
D. 
When established. Compensation under this section shall be established prior to the latest date and time for filing nomination papers 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.

§ 63-5 Reimbursement of expenses.

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. 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:
(1) 
Traveling expenses, including mileage, lodging and meal expenses.
(2) 
Costs associated with programs of instruction related to the officer's or employee's office or employment.
B. 
Manuals. The Town Board may purchase handbooks and manuals that will materially assist Town officials and employees in the performance of official duties.

§ 63-6 Compensation when acting in more than one official capacity.

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.

§ 63-7 Administrator.

A. 
Purpose. In order to provide the Town of Cedarburg with an efficient, effective and responsible government, the position of Town Administrator has been created.
B. 
Appointment.
(1) 
The Administrator shall be appointed by a majority vote of the Town Board. The Administrator shall hold office for an indefinite term, subject to removal at any time by a majority vote of the Town Board. This section, however, shall not preclude the Town Board from establishing other employment terms and conditions by contract.
(2) 
The Administrator shall be the chief administrative officer of the Town, responsible to the Town Board for the proper administration of the business affairs of the Town, pursuant to the statutes of the state, the ordinances of the Town, and the resolutions, motions and directives of the Town Board.
[Amended 10-4-2006 by Ord. No. 2006-11]
C. 
Duties. The Town Administrator shall have the following duties:
(1) 
To carry out all legal directives of the Town Board which require administrative implementation, reporting promptly to the Town Board any difficulties encountered.
[Amended 10-4-2006 by Ord. No. 2006-11]
(2) 
To be responsible for the administration of all day-to-day operations of the Town government, including the monitoring of all Town ordinances, resolutions and state statutes.
(3) 
To keep informed concerning current legislation and administrative rules and submit appropriate reports and recommendations concerning the same to the Town Board.
(4) 
To keep informed concerning the availability of current federal, state and county funds for local programs and assist the Town Board in obtaining these funds.
(5) 
To represent the Town in matters involving legislative and intergovernmental affairs as authorized and directed by the Town Board.
[Amended 10-4-2006 by Ord. No. 2006-11]
(6) 
To guide the Town Board and its committees and commissions concerning open meeting rules and regulations.
(7) 
To attend all meetings of the Town Board and Plan Commission and act as advisor to both bodies, particularly as it relates to state statutes and ordinances of the Town, unless excused by the Town Chairperson or majority vote of the Town Board.
(8) 
To prepare agendas for all meetings of the Town Board and Plan Commission and other committees as directed by the Town Board and to prepare supporting materials as may be required and/or necessary for the aforementioned committees and commissions.
(9) 
To keep the Town Board regularly informed about the activities of the Administrator's office by oral or written report at regular and special meetings of the Town Board.
[Amended 10-4-2006 by Ord. No. 2006-11]
(10) 
To assist in the preparation of ordinances and resolutions as requested by the Town Chairperson or the Town Board, or as needed.
(11) 
To be responsible for the direction and coordination of all employees of the Town.
(12) 
To recommend to the Town Board the appointment, promotion, discipline, suspension, or termination of Town employees when necessary for the good of the Town.
(13) 
To serve as personnel officer with the responsibility to see that complete and current personnel records for all Town employees are kept; evaluate the performance of all employees on a regular basis; develop and enforce high standards of performance by Town employees; and ensure that Town employees have proper working conditions.
(14) 
To administer the budget under the guidance of the Town Board and to report on performance relative to the budget monthly.
(15) 
To supervise the accounting system of the Town and ensure that the system employs methods in accordance with generally accepted accounting principles.
(16) 
To serve as the purchasing agent for the Town, supervising all purchasing and contracting for supplies and services under limitations imposed by the Town Board.
(17) 
To be responsible for the contracting of paving and resurfacing projects in cooperation with the Director of Public Works.
(18) 
To establish and maintain procedures to facilitate communications between citizens and Town government and between Town government and other governmental agencies.
(19) 
To assure that complaints, recommendations and other matters receive prompt attention by the responsible official and to assure that all matters are expeditiously resolved.
(20) 
To bring to the Board's attention all concerns as they relate to the full compliance with state and federal laws and regulations.
(21) 
To perform other duties as directed by the Town Board.
D. 
Cooperation. All officials and employees of the Town shall cooperate with and assist the Administrator so that the Town government shall function effectively and efficiently.

§ 63-8 Clerk.

The Town Clerk shall:
A. 
Clerk of Town Meeting. Serve as Clerk of the Town Meeting under § 60.15, Wis. Stats.
B. 
Clerk of Town Board.
(1) 
Serve as Clerk of the Town Board, attend meetings of the Board and keep a full record of its proceedings.
(2) 
File all accounts approved by the Town Board or allowed at Town Meetings and enter a statement of the accounts in the Town's record books.
(3) 
File with the Town Board claims approved by the Clerk, as required under § 60.44(2)(c), Wis. Stats.
C. 
Finance book. Maintain a finance book, which shall contain a complete record of the finances of the Town, showing the receipts, with the date, amount and source of each receipt; the disbursements, with the date, amount and object of each disbursement; and any other information relating to Town finances prescribed by the Town Board. The financial records the Town Clerk is expected to maintain are in addition to, not in lieu of, those the Town Treasurer is expected to maintain.
D. 
Elections and appointments.
(1) 
Perform the duties required by Chs. 5 to 12, Wis. Stats., relating to elections.
(2) 
Transmit to the County Clerk, within 10 days after election or appointment and qualification of any Town Supervisor, Treasurer, Assessor or Clerk, a written notice stating the name and post office address of the elected or appointed officer. The Clerk shall promptly notify the County Clerk of any subsequent changes in such offices.
(3) 
Transmit to the Clerk of Circuit Court, immediately after the election or appointment of any Constable or Municipal Judge in the Town, a written notice stating the name of the Constable or Municipal Judge and the term for which elected or appointed. If the Judge or Constable was elected or appointed to fill a vacancy in the office, the Clerk shall include in the notice the name of the incumbent who vacated the office.
E. 
Sale of real property. Execute the conveyance of real property of the Town.
[Amended 10-4-2006 by Ord. No. 2006-11]
F. 
Notices.
(1) 
Publish or post ordinances and resolutions as required under § 60.80, Wis. Stats.
(2) 
Give notice of Annual and Special Town Meetings as required under §§ 60.11(5) and 60.12(3), Wis. Stats.
G. 
Records.[1]
(1) 
Comply with Subchapter II of Chapter 19, Wis. Stats., concerning any record of which the Clerk if legal custodian.
(2) 
Demand and obtain the official books and papers of any Municipal Judge if the office becomes vacant and the Judge's successor is not elected or appointed and qualified, or if any Municipal Judge dies. The Town Clerk shall dispose of the books and papers as required by law.
[1]
Editor's Note: See also Ch. 70, Records.
H. 
Licenses. Issue any license or permit granted by the Town Board when presented with a receipt from the Town Treasurer indicating that any required fee has been paid.
I. 
Schools.
(1) 
Perform the Clerk's duties under Chs. 115 to 121, Wis. Stats., relating to public instruction.
(2) 
Within 10 days after the Clerk's election or appointment, report his or her name and post office address to the administrator of each cooperative educational service agency which contains any portion of the Town. The Clerk shall report to the administrator the name and post office address of each school district clerk within 10 days after the name and address is filed in the Clerk's office.
(3) 
Make and keep in the Clerk's office a map of the Town, showing the exact boundaries of school districts within the Town.
(4) 
Apportion, as provided by law, tax revenues collected by the Town for schools.
J. 
Highways and bridges. Perform the duties specified in Chs. 82 to 86, Wis. Stats., relating to highways, bridges and drains.
K. 
Notice of property tax revenue. Notify the Clerk of the county in which the Town is located, by March 15, of the proportion of property tax revenue, and the credits under § 79.10, Wis. Stats., that is to be disbursed by the County Clerk to each taxing jurisdiction located in the Town.
L. 
In general. Perform all other duties required by law, ordinance or lawful direction of the Town Meeting or Town Board.

§ 63-9 Treasurer.

The Town Treasurer shall:
A. 
Receive and disburse Town money.
(1) 
Receive and take charge of all money belonging to the Town, or which is required by law to be paid into the Town treasury, and disburse the money under § 66.0607, Wis. Stats.
(2) 
Keep an itemized account of all moneys received and disbursed, specifying the source from which it was received, the person to whom it was paid and the object for which it was paid. The Treasurer shall issue numbered receipts for all funds received. At the request of the Town Board, the Treasurer shall present the account books, and any supporting documents requested, to the Board.
B. 
Deposit of Town money. Deposit as soon as practicable funds of the Town in the name of the Town in the public depository designated by the Town Board. Failure to comply with this subsection is grounds for removal from office.[1]
[Amended 10-4-2006 by Ord. No. 2006-11]
[1]
Editor's Note: See also Ch. 21, § 21-10, Public depositories.
C. 
Records. Comply with Subchapter II of Ch. 19, Wis. Stats., concerning records of which the Treasurer is legal custodian.
D. 
Taxes. Perform all of the duties relating to taxation required of the Town Treasurer under Chs. 70 to 79, Wis. Stats.
E. 
Preliminary settlement of school taxes.
(1) 
Make partial apportionment of levies by school districts and vocational, technical and adult education districts out of any funds available in the Town Treasurer prior to the tax apportionment provided by §§ 74.23 and 74.25, Wis. Stats., within five days after the filing of a written request by the district board. The Town Board may not deny such a request. The district board may not receive more than one payment under this subsection during the month.
(2) 
On or before January 15 and February 15 and any other date specified by the Town Board, make payment to the appropriate school district, and to the appropriate vocational, technical and adult education district treasurer, if the district has not received a payment under Subsection E(1) during that month. That payment shall be the proportion of the school district's or vocational, technical and adult education district's levy that the general property taxes collected in the Town, except collections for state trust fund loans, state tax and state special charges, up to the last day of the preceding month, bear to the total general property tax levy in the Town for all purposes, except levies for state trust fund loans, state tax and state special charges. The Town Treasurer may make the payments required under this subsection without authorization by the Town Board.
[Amended 10-4-2006 by Ord. No. 2006-11]
(3) 
On or before January 15 and any other date specified by the Town Board, pay under § 74.12, Wis. Stats., to the appropriate school district treasurer and vocational, technical and adult education district treasurer the proportion of the district's levy that the general property taxes collected in the Town, except collections for state trust fund loans, state tax and state special charges, up to the last date of the preceding month, bear to the total general property tax levy in the Town for all purposes, except levies for state trust fund loans, state tax and state special charges.

§ 63-10 Constables.

[Amended 4-4-2007 by Ord. No. 2007-4]
In compliance with §§ 60.22, 60.37 and 60.56, Wis. Stats., the jurisdiction and duties of the Town Constables of the Town of Cedarburg are as provided herein. All references to "police officer" or "law enforcement officer" in this Code shall mean the Constable. Pursuant to § 63-15 of this Code, the Town Board may employ appointed Town Constables to serve in the office of Constable. Appointed Town Constables shall serve independent of any elected Town Constable whose office may be established or abolished at a Town Meeting. The Constable shall:
A. 
Obey all lawful orders of the Town Board and enforce violations of the Code of Ordinances of the Town of Cedarburg for which complaints are filed with any Town officer or employee, except as they pertain to moving traffic violations.
B. 
Impound cattle, horses, sheep, swine, dogs and other animals at large in the Town.
C. 
Have the right to accept stipulations, that is, forfeiture fines for ordinance violations.
D. 
Issue citations for violations of the Town of Cedarburg Code, as set forth in Subsection A above, and with reasonable diligence take before the proper court.[1]
[1]
Editor's Note: See also Ch. 27, Citations.
E. 
See that the necessary permits and licenses issued by the proper authority of the state or Town are in the possession of or properly displayed by any person engaged in an activity or business within the Town for which such permit or license is required and that the permit or license holders have complied with the terms of such permits or licenses.
F. 
Assist the Fire Department in maintaining order at the scene of a fire.

§ 63-11 Assessor.

A. 
Qualification. The Assessor shall be certified by the Department of Revenue under § 73.09, Wis. Stats., as qualified to perform the functions of an Assessor. Pursuant to § 60.307(2), Wis. Stats., the Assessor shall be appointed by majority vote of the Town Board for a term of office as determined by employment contract.
B. 
Duties. The Assessor shall begin under § 70.10, Wis. Stats., to make an assessment of all of the property in the Town liable to taxation, as prescribed by law. The Assessor shall return the assessment roll to the Town Clerk at the same time and in the same manner in which Town Assessors are required to do as required by Ch. 70, Wis. Stats.

§ 63-12 Weed Commissioner.

The Weed Commissioner shall 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.

§ 63-13 Attorney; special counsel.

A. 
The office of Town Attorney is an appointed position. The Town Attorney shall be appointed at the first regular meeting of the Town Board in May of odd-numbered years by the Chairperson, subject to confirmation by a majority vote of the Board, the Chairperson being entitled to vote thereon. He shall have a two-year term of office.
B. 
The Town Attorney shall have the following duties:
(1) 
The Attorney shall conduct all of the law business in which the Town is interested.
(2) 
He shall, when requested by Town officers, given written legal opinions, which shall be filed with the Town.
(3) 
He shall draft ordinances, bonds and other instruments as may be required by Town 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 Town. Such assistant shall receive no compensation from the Town, unless previously provided by ordinance.
(5) 
The Town Attorney shall perform such other duties as provided by state law and as designated by the Town Board.
C. 
The Town Board may employ and compensate special counsel to assist in or take charge of any matter in which the Town is interested.

§ 63-14 Emergency Management Director.

[Amended 10-4-2006 by Ord. No. 2006-11]
For the appointment and duties of the Emergency Management Director, see Chapter 36, Emergency Management, § 36-3.

§ 63-15 Employees.

The Town Board may employ on a temporary or permanent basis persons necessary to carry out the functions of Town government. The Board may establish the qualifications and terms of employment, which may include the residency of the employee. The Board may delegate the authority to hire Town employees to any Town official or employee.

§ 63-16 Custody of official property.

Town officers must observe the standards of care imposed by § 19.21, Wis. Stats., with respect to the care and custody of official property.
[Added 4-1-2009 by Ord. No. 2009-7]

§ 63-17 Nonregulation of employee wages or benefits for private business.

No ordinance, municipal rule or other regulation of the Town of Cedarburg shall mandate that any private business, located in the Town of Cedarburg, provide for certain wages or benefits to its employees or set forth the amount or type of any employee wages or benefits.