[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.]
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.
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.
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:
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.
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.
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.
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:
B.
Manuals. The Town Board may purchase handbooks and
manuals that will materially assist Town officials and employees in
the performance of official duties.
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.
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.
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.
(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]
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.
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.
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]
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.
[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.
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.
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.
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.
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.
[Amended 10-4-2006 by Ord. No. 2006-11]
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.
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]
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.
