[HISTORY: Adopted by the Village Board of the Village of Neshkoro 4-5-1999 as Title 2, Ch. 3, of the 1999 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Administrative review — See Ch. 7.
Elections — See Ch. 34.
Ethics — See Ch. 41.
Records — See Ch. 118.
Village Board — See Ch. 140.
A. 
General powers. 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/her 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. 
Rules. All officers and departments may make the necessary rules for the conduct of their duties and incidental proceedings, subject to prior approval by the Village Board.
C. 
Applicability of ethics statutes. The general laws for the punishment of bribery, misdemeanors and corruption in office shall apply to Village officers.
D. 
Legal representation. Whenever a Village official in his/her official capacity is proceeded against or obliged to proceed before any civil court, board or commission to defend or maintain his/her official position or because of some act arising out of the performance of his/her official duties, and he/she 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/her for the expenses reasonably incurred for costs and attorneys' fees.
The Village officials hereinafter set forth shall be appointed:[1]
Official
How Appointed
Term
Assessor
Village President, subject to confirmation by the Village Board
By contract
Attorney
Village President, subject to confirmation by the Village Board
Pleasure of Board
Engineer (consulting)
Village President, subject to confirmation by the Village Board
Pleasure of Board
Chief of Police
Village Board
Indefinite
Director of Public Works
Village President, subject to confirmation by the Village Board
Indefinite
Clerk-Treasurer
Village President, subject to confirmation by the Village Board
Indefinite
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Consolidated offices. Pursuant to §§ 61.195, 61.197 and 66.0101, Wis. Stats., the Village of Neshkoro hereby elects not to be governed by those portions of §§ 61.19, 61.25 and 61.26, Wis. Stats., which relate to the selection and tenure of the Clerk and Treasurer and which are in conflict with this section. 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.
B. 
Term. The appointed Village Clerk-Treasurer shall hold office for an indefinite term, subject to removal as provided in § 17.13, Wis. Stats.
C. 
Audits. Annual audits shall be made of the records of the Clerk-Treasurer, with the audit to be made by a certified public accountant.
D. 
Duties as Clerk. In his/her capacity as Village Clerk, the Village Clerk-Treasurer shall be responsible for performing those duties required by the Wisconsin Statutes and for the following additional duties:
(1) 
Perform all election duties as required by Wisconsin Statutes and keep and maintain all election records and all property used in conjunction with holding of elections;
(2) 
Publish all legal notices unless otherwise provided; file and preserve all contracts, bonds, oaths of office and other documents not required to be filed elsewhere;
(3) 
Issue all licenses required by ordinance or statute, except as otherwise provided;
(4) 
Attend meetings, take minutes and maintain files for the Village Board and such other official boards and commissions as may be directed;
(5) 
Maintain a file of all Village records, ordinances, resolutions and vouchers;
(6) 
Type and distribute reports for the Village Board and for federal and state agencies;
(7) 
Audit and obtain approval on claims charged against the Village;
(8) 
Assist the Assessor in maintaining property assessment records;
(9) 
Administer oaths and affirmations;
(10) 
Issue licenses to various vendors in the Village;[2]
[2]
Editor's Note: Original Sec. 2-3-3(d)(11), which immediately followed this subsection and duplicated material elsewhere in the section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(11) 
Develop and implement improved internal control and financial reporting procedures as necessary or as directed;
(12) 
File financial and other reports with various state agencies;
(13) 
File insurance claims on behalf of the Village;
(14) 
Locate suppliers of goods or services and obtain quotes;
(15) 
Advertise for bids, receive them and summarize the results;
(16) 
Identify and evaluate ideas to achieve more efficient and effective operation;
(17) 
Coordinate, supervise and conduct elections;
(18) 
Confer with the Village President, department heads and Village Board committees about projects and problems; and
(19) 
Maintain personnel files.
E. 
Duties as Treasurer. In his/her capacity as Village Treasurer, the Village Clerk-Treasurer shall be responsible for performing those duties required by the Wisconsin Statutes and for the following additional duties:
(1) 
Prepare the tax roll and tax notices required by the State of Wisconsin;
(2) 
Prepare financial and bank statements;
(3) 
Maintain fiscal records for the Village;
(4) 
Make reports to the state on assessments;
(5) 
Prepare and send invoices for services provided by municipal utilities;
(6) 
Perform recordkeeping, billing, collections, banking, investments, accounting and financial reporting of all Village operations, including utilities;
(7) 
Collect all taxes for the Village and other taxing bodies;
(8) 
Invest idle funds for maximum interest earnings;
(9) 
Prepare monthly financial report;
(10) 
Maintain payroll records and prepare payroll checks from approved employee time sheets;
(11) 
Prepare check vouchers for payment of approved claims for signature; and
(12) 
Coordinate the preparation and compilation of the annual Village budget.
F. 
Duties prescribed by law. The Clerk-Treasurer shall perform such other duties as are prescribed by state statutes and by order of the Village Board. The Clerk-Treasurer generally shall perform, under direction of the Village President or other presiding officer of the Board, all duties pertaining to his/her office as Clerk-Treasurer and shall be responsible for all the official acts of assistants.
G. 
Liability. See § 50-2, Village liability for Treasurer's default, in this Code.[3]
[3]
Editor's Note: Amended 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 Clerk-Treasurer may appoint a Deputy Clerk-Treasurer(s), subject to confirmation by a majority of all the members of the Village Board. The Deputy Clerk-Treasurer(s) shall have an indefinite term of office. The Deputy Clerk-Treasurer(s) shall act under the Village Clerk-Treasurer's direction and, during the temporary absence or disability of the Village Clerk-Treasurer or during a vacancy in such office, shall perform the duties of Village Clerk-Treasurer. The acts of the deputy(ies) shall be covered by official bond as the Village Board shall direct.
A. 
Appointment. The Village Attorney is an appointed position. The Village Attorney shall be appointed pursuant to § 93-2, except the Village Attorney shall serve at the pleasure of the Board.
B. 
Duties. The Village Attorney shall have the following duties. The Village Attorney:
(1) 
Shall conduct all of the legal business in which the Village is interested.
(2) 
Shall, when requested by Village officers, give written legal opinions, which shall be filed with the Village.
(3) 
Shall draft ordinances, bonds and other instruments as may be required by Village officers.
(4) 
May appoint an assistant, who shall have power to perform his/her duties and for whose acts he/she shall be responsible to the Village. Such assistant shall receive no compensation from the Village unless previously provided by ordinance.
(5) 
Shall perform such other duties as provided by state law and as designated by the Village Board.
C. 
Special counsel. The Village Board may employ and compensate special counsel to assist in or take charge of any matter in which the Village is interested.
A. 
Appointment. The Chief of Police shall be appointed pursuant to § 93-2. The Chief shall exercise the powers and duties of village marshals and village constables and any other powers and duties as provided from time to time by the Village Board.
B. 
General duties. The Chief of Police shall have the duties provided in § 102-4 of this Code.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Fire Department officers shall be selected by the Fire Chief.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: Original Sec. 2-3-8, Weed Commissioner, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See now § 140-6, Weed Committee.
A. 
Appointment. The Director of Public Works shall be appointed pursuant to § 93-2. Generally, the Director of Public Works shall maintain, service, inspect and/or repair all Village public works equipment and property, including street equipment, streets and street rights-of-way, Village parks, Village buildings and other items, as determined by the Village Board.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Duties and powers. The Director of Public Works shall have the following duties and powers:
(1) 
General duties.
(a) 
He/she shall have general charge and supervision of certain public works in the Village.
(b) 
He/she shall be responsible for the maintenance, repair and construction of parks, streets, alleys, curbs and gutters, sidewalks, bridges, street signs, Village buildings and structures and all related machinery, equipment and property used in such activity.
(c) 
He/she shall have charge of certain public services, including snow and ice removal, street cleaning, flushing and street maintenance.
(d) 
He/she shall perform such other activities and duties as are imposed upon him/her from time to time by the Village Board, his/her job description or employment contract.
(2) 
Maintain, clean and repair streets and roads. The Director of Public Works shall:
(a) 
Plow and remove snow as needed.
(b) 
Clean and sweep streets.
(c) 
Repair streets and roads with proper materials as needed.
(d) 
Mow grass as needed.
(e) 
Assess street repair and replacement needs as directed by the Board.
(3) 
Maintain Village buildings and equipment. The Director of Public Works shall:
(a) 
Clean, maintain, paint and service Village buildings, as needed and as directed by the Board.
(b) 
Keep buildings in safe condition to meet all state and local building and safety code requirements.
(c) 
Maintain and service all Village vehicles and machinery, as needed and as directed by the Board.
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. Said person so appointed to perform the duties of such office shall have an indefinite term and shall serve as determined by contract. 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/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. 
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), 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.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Appointment. There is hereby created the position of Building Inspector, which position shall be filled by the Village entering into a contractual agreement with a certified Uniform Dwelling Code (UDC) inspection agency. The Building Inspector shall be certified by the Department of Commerce as specified in § 101.66(2), Wis. Stats., in the category of Uniform Dwelling Code Construction Inspector. In addition, the Building Inspector or other assistant inspectors shall possess certification in the categories of UDC HVAC, UDC Electrical and UDC Plumbing.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Authority to enter premises; appeals.
(1) 
In the discharge of his/her respective duties, each Inspector under this section or his/her authorized agent may enter any building, upon presentation of the proper credentials, during reasonable hours for the purpose of inspection and may require the production of any permit or license required hereunder. No person shall interfere with the Inspector or his/her authorized agent while in the performance of his duties, and any person so interfering shall be in violation of this section and subject to a penalty as provided by § 1-4 of the Code.
(2) 
If consent to entry to personal or real properties which are not public buildings or to portions of public buildings which are not open to the public for inspection purposes has been denied, the Inspector shall obtain a special inspection warrant under § 66.0119, Wis. Stats.
C. 
Duties and authority. The Building Inspector shall have such responsibilities as are prescribed in this section and the following chapters of this Code: Chapter 107, Article I, Grievance Procedure; Chapter 200, Building Construction; Chapter 226, Construction Site Erosion Control; Chapter 252, Fair Housing; Chapter 300, Historic Preservation; and Chapter 396, Property Maintenance, Articles I and II.
D. 
Stop-work orders and revocations. The Building Inspector may order construction, installation, alteration or repair work stopped when such work is being done in violation of this Code. Work so stopped shall not be resumed, except with written permission of the Inspector, provided that if the stop-work order is an oral one it shall be followed by a written order within a reasonable period of time.
E. 
Conflict of interest. No Inspector shall inspect any construction work in the Village in which the Inspector has a personal or financial interest, either direct or indirect.
A. 
No person shall be elected by the people to a Village office who is not at the time of his/her 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. 
Oath of office. Every officer of the Village, including members of Village boards and commissions, shall, before entering upon his/her duties and within five days after notice of his/her election or appointment, take the oath of office prescribed by law and file such oath in the office of the Village Clerk-Treasurer. Any person reelected or reappointed to the same office shall take and file an official oath for each term of service.[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/her duties until he/she returns or until such disability is removed.