[HISTORY: Adopted by the Village Board of the Village of Cambria 3-7-1988 as Title 2, Ch. 3 of the 1988 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Citations — See Ch. 32.
Ethics — See Ch. 50.
Law enforcement — See Ch. 80.
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 him 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 is proceeded against or is 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 attorneys' fees.[1]
[1]
Editor's Note: Original Secs. 2-3-2, Village Clerk, and 2-3-3, Village Treasurer, which immediately followed this section, were repealed 12-5-1994. See now § 93-3.
[Added 4-17-2006]
A. 
Management of Village affairs, maintenance of its ways and properties and enforcement of law is best provided by persons having a close relationship to the Village as a resident and taxpayer. Availability of personnel to provide emergency services is of vital concern to Village residents. Reasonable residency requirements will best serve the interests of the Village and its residents.
B. 
All full- and part-time employees shall be encouraged to be residents of the Village of Cambria. No employee, except as noted below, shall reside outside of the Village at any location more than 10 minutes' travel by automobile, at posted speed limits, from the Village Office.
(1) 
Employees who are hired as part-time law enforcement officers or as temporary help for summer need not comply with this section at time of hire or for the duration of their employment.
(2) 
Persons or organizations providing professional or specialized, limited term services to the Village are not subject to the above residency requirements.
C. 
Any person who is employed by the Village subsequent to the effective date of this section shall comply with the requirements of Subsection B within six months from the date of his or her appointment.
D. 
Enforcement.
(1) 
In the event an employee shall fail to comply with the above residency requirements, said employee shall comply with said requirements within 90 days of notification from the Village, said notice to be in writing addressed to said employee's last known address. Noncompliance within 90 days of notice shall be grounds for termination.
(2) 
Upon issuance of notice of noncompliance, the affected employee shall be entitled to a hearing before the Village Board, in closed session if requested by the employee by delivery of a request in writing to the Village Clerk/Treasurer. Such hearing shall be held at the next regularly scheduled Village Board meeting, subject to notice publication limitations. The issues of such hearing shall be limited to identification of the employee's place of residence and compliance with the requirements of this section.
[Added 12-5-1994[1]]
A. 
The Village of Cambria, pursuant to §§ 61.195, 61.197(1)(b) and 66.0101 Wis. Stats., hereby elects not to be governed by those portions of §§ 61.19, 61.25 and 61.26, Wis. Stats., which are in conflict with this section.
B. 
The offices of Village Clerk and Village Treasurer are hereby consolidated, and the duties of both offices shall be performed by the person appointed as Village Clerk/Treasurer by the Village President, subject to confirmation by the Village Board, commencing on May 1, 1995. The incumbent Village Clerk and Village Treasurer shall continue to serve in their separate offices until the appointment and qualification of a Village Clerk/Treasurer. If a vacancy occurs in either office prior to the Clerk/Treasurer's appointment, the Village Board may appoint the remaining incumbent to perform the duties of both offices.
C. 
The appointed Village Clerk/Treasurer shall hold office for an indefinite term, subject to removal as provided in § 17.13, Wis. Stats.
D. 
The Village Clerk/Treasurer shall perform all duties required of both the offices of Clerk and Treasurer as provided by law and those other duties as the Village Board directs to be executed by the Clerk/Treasurer from time to time.
E. 
Annual audits shall be made of the records of the Clerk/Treasurer, with the audit to be made by a certified public accountant.
[1]
Editor's Note: This section was adopted by charter ordinance.
[Added 1-7-2008]
A. 
Pursuant to § 70.67(2), Wis. Stats., the Village of Cambria shall be obligated to pay, in case the Clerk/Treasurer thereof shall fail to do so, all state and county taxes required by law to be paid by such Clerk/Treasurer to the County Treasurer.
B. 
The Clerk/Treasurer shall forthwith file a certified copy of this section with the County Treasurer.
A. 
The office of 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 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.[1]
[1]
Editor's Note: Original Sec. 2-3-5, Chief of Police, which immediately followed this section, was repealed 8-3-2009 by Ord. No. 2009-01.
[Added 8-3-2009 by Ord. No. 2009-02]
A. 
Appointment.
(1) 
The Marshal shall be appointed by the Village Board.
(2) 
The Marshal shall be a certified law enforcement officer possessing such qualifications as required under § 165.85, Wis. Stats.
(3) 
The compensation to be paid to the Marshal, hours of duty and other terms of employment shall be such as may be determined by the Village Board.
B. 
General duties.
(1) 
The Marshal shall have all powers and duties set forth in § 61.28, Wis. Stats., or in any future amendments.
(2) 
The Marshal shall execute and file an official bond.
(3) 
The Marshal shall possess the powers, enjoy the privileges and be subject to the liabilities conferred and imposed by law upon constables pursuant to § 61.29, Wis. Stats.
(4) 
The Marshal shall obey all lawful written orders of the Village Board.
(5) 
The Marshal shall, with or without process, arrest every person found in the Village engaged in any disturbance of the peace or violation of any law of the state or ordinances of the Village.
(6) 
The Marshal may command all persons present in any incident to assist the Marshal.
A. 
Appointment. The Fire Chief shall be selected according to the bylaws of the Fire Department serving the Village.
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 section and the bylaws.
(3) 
The Chief shall 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 companies when they arrive at a fire, to observe that every company 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.
(4) 
He shall enforce all fire prevention ordinances of this Village and state laws and regulations pertaining to fire prevention and shall keep citizens informed on fire prevention methods and on the activities of the Department.
(5) 
He shall keep a fire record book of every fire to which any company 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 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 at the first meeting after the first Tuesday in April, 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 term of said Assessor shall be for one year, or until his successor is selected and qualifies. The term shall commence on May 1 following appointment.
D. 
Whenever the Assessor, in the performance of the Assessor's duties, requests or obtains income and expense information pursuant to § 70.47(7)(af), Wis. Stats., or any successor statute thereto, then such income and expense information that is provided to the Assessor shall be held by the Assessor on a confidential basis, except, however, that the information may be revealed to and used by persons in the discharge 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), not subject to the right of inspection and copying under § 19.35(1), Wis. Stats.[2]
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[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. 
Selection. The Director of Public Works shall be appointed by the Village President, subject to confirmation by majority vote of the Village Board. Selection shall be made solely on merit and upon the basis of training, experience, administrative ability, efficiency and general qualifications and fitness for performing the duties of his position.
B. 
Term and removal. The Director of Public Works shall hold office for an indefinite term, subject to removal for cause after a public hearing by a majority 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, 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 refuse disposal, snow and ice removal, street cleaning and flushing, 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 notice of the election or appointment of any Village officers, the Village Clerk/Treasurer shall notify the person so selected thereof. Every person elected or appointed to the office of Village President or Trustee shall, within five days after election or notice thereof, when required, take and file the official oath.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Form; procedure. The form, filing and general procedure for the taking of oaths shall be governed by Ch. 19, Subch. 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 be 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 §§ 17.13(2) and 17.16, Wis. Stats.
B. 
Appointed officials. Appointed officials may be removed as provided in §§ 17.13(1) 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 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.