[HISTORY: Adopted by the Village Board of
the Village of Mazomanie 6-28-1988 as §§ 2-3-1 to 2-3-9 and 2-3-12 to 2-3-18
of the 1988 Code. Amendments noted where applicable.]
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 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.
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 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 section.
B.
Creation of consolidated office. The Village hereby
elects, pursuant to § 61.195, Wis. Stats., that the offices
of Village Clerk and Village Treasurer of the Village 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. The Clerk-Treasurer shall be appointed by
a majority vote of all of the members of the Village Board and shall
hold office for an indefinite term, subject to removal as provided
in § 17.13(1), 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 Village utilities.[2]
(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 for the records of the utilities of the Village.
[1]
Editor's Note: This section was originally
adopted by charter ordinance.
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 have an indefinite term of
office. 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 Village Attorney is an appointed
position. The Village President shall annually appoint a Village Attorney,
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 January succeeding his appointment and he shall serve at the pleasure
of the Board.
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, give
oral or written legal opinions directed to such Village officials
as directed.
(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.
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.
D.
The Village Attorney shall perform such other duties
as provided by state law and as designated by the Village Board.
[Amended 9-23-1997 by Ord. No. 1997-5]
A.
Appointment.
(1)
The Chief of Police shall be appointed by the Police
Commission.[1] The Chief of Police shall hold office during good behavior,
subject to suspension or removal pursuant to state law. The Chief
of Police shall serve a probationary period of one year, unless otherwise
approved for a different period by the Police Commission, or if extended
for a just cause by the Police Commission. During the probationary
period, the Police Commission 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 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 Police Commission from time to time.
B.
General duties.[2]
(1)
The Chief of Police shall have command of the Police
Department. He shall have general administration and control of the
Department and shall be responsible for the Department's government,
efficiency and general good conduct. He shall perform all duties prescribed
to him by laws of the state and the ordinances of the Village and
shall obey all lawful written orders of the Village President, Village
Board or Police Commission.
(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.
B.
Powers and duties of Chief.
(1)
The Chief shall have general supervision of the Department,
subject to this chapter and the bylaws of the Department, and shall
be responsible for the personnel and general efficiency of the Department.
(2)
It shall be the duty of the Chief to preside at all
meetings of the Department, to call special meetings, to preserve
order, to decide all points of order that may arise and to enforce
a rigid observance of this chapter and the bylaws.
(3)
It shall be the duty of the Chief or ranking officer
of the Department to be present at all fires, to have complete command
of and entire responsibility for all fire-fighting operations, to
plan the control of the same, to direct the action of the company
when it arrives at a fire, to observe that the Department does its
duty, to grant leaves of absence at a fire when he may deem it proper
and to see that the fire apparatus is kept in proper condition at
all times.
(5)
He shall keep a fire record book of every fire to
which the Department was called and shall enter in such book the locality
of fire, time alarm was received, cause of fire, where fire started,
cause of delay (if any) in responding, method of extinguishment and
equipment used, amount of insurance carried on the building and contents,
estimated fire loss, time fire was extinguished, names of men responding
and general remarks.
A.
Pursuant to §§ 61.195, 61.197 and 66.0101,
Wis. Stats., the Village 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. 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 have a one-year term of office,
subject to removal under § 17.14(1), Wis. Stats.
D.
Whenever
the Assessor, in the performance of the Assessor's duties, requests
or obtains income and expense information that is provided to the
Assessor, it shall be held by the Assessor on a confidentiality basis,
except, however, that the information may be revealed to and used
by persons: in the discharging of duties imposed by law; in the discharge
of duties imposed by office (including, but not limited to, use by
the Assessor in performance of official duties of the Assessor’s
office and use by the Board of Review in performance of its official
duties); or pursuant to order of a court. Income and expense information
provided to the Assessor under § 70.47(7)(af), Wis. Stats.,
unless a court determines that it is inaccurate, is, per § 70.47(7)(af),
Wis. Stats., not subject to the right of inspection and copying under
§ 19.35(1), Wis. Stats.
[Added 7-11-2017 by ORd.
No. 2017-1]
[1]
Editor's Note: This section was originally
adopted by charter ordinance.
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 or her appointment. The Weed Commissioner
shall take the official oath, which oath shall be filed in the office
of the Village Clerk-Treasurer, 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.
Position created.
(1)
There is hereby created the position of Building Inspector
who shall be appointed by the Village President, subject to confirmation
by the Village Board. His appointment shall continue during good behavior
and satisfactory service. The Building Inspector shall be fully certified
by the State of Wisconsin to enforce the One- and Two-Family Building
Dwelling Code. There may also be a Deputy Building Inspector.
(2)
During the temporary absence or disability of the
Building Inspector, the Deputy Building Inspector shall designate
an Acting Building Inspector.
(3)
The manner and amount of compensation to be paid to
the Building Inspector shall be fixed by the Village Board.
B.
Powers and duties.
(2)
The Building Inspector shall make all inspections
necessary for compliance and enforcement of the Zoning Code.
(3)
The Building Inspector 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 Inspector.
(4)
The Building Inspector or his designee shall issue
or cause to be issued all proper permits for such work after payment
of the fees required therefor. He shall process all applications,
make all inspections and have the authority to issue or cause to be
issued a certificate of completion.
C.
Right of entry. The Building Inspector 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, including plumbing and electrical
work.
The Librarian shall be the chief administrative
officer of the Mazomanie Public Library. The Librarian shall be appointed
by the Village of Mazomanie Library Board. Such Librarian shall appoint
such assistants and employees as authorized by the Library Board.[1]
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 of 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. Every person elected or appointed
to the office of Village President, Trustee, Municipal Judge and Clerk-Treasurer
shall, within five days after notice thereof, when required, take
and file the official oath.[1]
B.
Form; procedure. The form, filing and general procedure
for the taking of oaths shall be governed by Ch. 19, Subchapter I,
Wis. Stats.
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 duties until he 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.
Every officer shall, if required by law or the
Village Board, upon entering upon the duties of his office, give a
bond in such amount as may be determined by the Village Board with
such sureties as are approved by the Village President, conditioned
upon the faithful performance of the duties of his office. Official
bonds shall be filed with the office of the Village Clerk-Treasurer.
Any person reelected or reappointed to the same office shall take
and file an official bond for each term of service.
