[HISTORY: Adopted by the Village Board of the Village of
Belleville as Secs. 2-3-1 to 2-3-10 and 2-3-13 to 2-3-20 of the 1994
Code. Amendments noted where applicable.]
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 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.
Rules. All officers and departments may make the necessary rules
for the conduct of their duties and incidental proceedings.
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 or her official
capacity proceeded against or obliged to proceed before any civil
court, board or commission to defend or maintain his or her official
position, or because of some act arising out of the performance of
his or her official duties, and he or she has prevailed in such proceedings,
or the Village Board has ordered the proceedings discontinued, the
Village Board may provide for payment to such official such sum as
it sees fit, to reimburse him or her for the expenses reasonably incurred
for costs and attorney fees.
[Amended 11-7-2011 by Ord. No. 2011-11-01]
A.
The Village officials hereinafter set forth shall be appointed by
the Village Board. One or more of said offices may be held by the
same person. Persons appointed to perform the duties of the following
offices shall hold office for an indefinite term, subject to removal
as provided by § 17.13, Wis. Stats.
B.
All confirmation votes by the Village Board shall be by simple majority
vote of all members of the Village Board.
[Added 11-7-2011 by Ord.
No. 2011-11-01]
A.
Office created. In order to provide the Village of Belleville with
a more efficient, effective and responsible government under a system
of a part-time President and part-time Village Board (hereinafter
referred to as "Board") at a time when Village government is becoming
increasingly complex, there is hereby created the office of Village
Administrator for the Village of Belleville (hereinafter referred
to as "Administrator").
B.
Functions and duties of the Administrator. The Administrator, under
the direction of the Village Board, shall be charged with the following
powers and duties:
(1)
General
duties. The Administrator shall:
(a)
Carry out directives of the President and Board which require administrative
implementation.
(b)
Be responsible for the administration of all day-to-day operations
of the Village government, including the monitoring of all Village
ordinances, resolutions, Board meeting minutes and state statutes.
(c)
Establish when necessary administrative procedures to increase the
effectiveness and efficiency of Village government according to current
practices in local government, consistent with Village ordinances,
resolutions and directives of the President and Board.
(d)
Serve as ex officio nonvoting member of all boards, commissions and
committees of the Village, except as specified by the Board or Wisconsin
Statutes.
(e)
Keep informed concerning current federal, state, and county legislation
and administrative rules affecting the Village and submit appropriate
reports and recommendations thereon to the Board.
(f)
Keep informed concerning the availability of federal, state and county
funds for local programs and assist department heads and the Board
in obtaining these funds under the direction of the President and
the Board.
(g)
Represent the Village in matters involving legislative and intergovernmental
affairs as authorized and directed as to that representation by the
President and Board.
(h)
Act as public information officer for the Village with the responsibility
of assuring that the news media are kept informed about the operations
of the Village and that all open meeting rules and regulations are
followed.
(i)
Establish and maintain procedures to facilitate communications between
citizens and Village government to assure that complaints, grievances,
recommendations and other matters receive prompt attention by the
responsible official and to assure that all such matters are expeditiously
resolved.
(j)
Promote the economic well-being and growth of the Village through
public and private sector cooperation.
(2)
Responsibilities
to the Village Board.
(a)
The Administrator shall:
[1]
Attend all meetings of the Board, assisting the President and the
Board as required in the performance of their duties.
[2]
In coordination with the President and the Board, ensure that appropriate
agendas are prepared for all meetings of the Board, all standing committees,
and all other appropriate committees and commissions of the Village,
together with such supporting material as may be required, with nothing
herein being construed as to give the Administrator authority to limit
or in any way prevent matters from being considered by the Board or
any of its committees and commissions.
[3]
Assist in the preparation of ordinances and resolutions as requested
by the President or the Board, or as needed.
[4]
Keep the President and Board regularly informed about the activities
of the Administrator's office by oral or written report at regular
and special meetings of the Board.
(b)
In the event that action normally requiring Board approval is necessary
at a time when the Board cannot meet, the Administrator may carry
out lawful directives from the President.
(3)
Personnel.
The Administrator shall:
(a)
Be responsible for the administrative direction and coordination
of all employees of the Village according to the established organization
procedures.
(b)
Recommend to the Board the appointment, promotion, and, when necessary
for the good of the Village, the suspension or termination of department
heads.
(c)
In consultation with the appropriate department head, be responsible
for the appointment, promotion, and, when necessary for the good of
the Village, the suspension or termination of employees below the
department head level.
(d)
Serve as personnel officer for the Village with responsibilities
to see that complete and current personnel records, including specific
job descriptions, for all Village employees are kept; evaluate in
conjunction with department heads the performance of all employees
on a regular basis; recommend salary and wage scales for Village employees
not covered by collective bargaining agreements; develop and enforce
high standards of performance by Village employees; assure that Village
employees have proper working conditions; and work closely with department
heads to promptly resolve personnel problems or grievances.
(e)
Assist in labor contract negotiations and collective bargaining issues.
(f)
Work closely with department heads to assure that employees receive
adequate opportunities for training to maintain and improve their
job-related knowledge and skills and act as the approving authority
for requests by employees to attend conferences, meetings, training
schools, etc., provided that funds have been budgeted for these activities.
(4)
Budgeting
and purchasing. The Administrator shall:
(a)
Prepare the annual Village budget, in accordance with guidelines
as may be provided by the Village Board and in coordination with department
heads and pursuant to state statutes, for review and approval by the
President and the Board.
(b)
Administer the budget as adopted by the Board.
(c)
Report regularly to the Board on the current fiscal position of the
Village.
(d)
Supervise the accounting system of the Village and ensure that the
system employs methods in accordance with current professional accounting
practices.
(e)
Serve as the purchasing agent for the Village, supervising all purchasing
and contracting for supplies and services, subject to the purchasing
procedures established by the Board and any limitation contained in
the Wisconsin Statutes.
C.
Cooperation. All officials and employees of the Village shall cooperate
with and assist the Administrator so that the Village government shall
function effectively and efficiently.
A.
Consolidated offices. The offices of Village Clerk and Village Treasurer
of the Village of Belleville shall be combined offices. Pursuant to
§§ 61.195, 61.197 and 66.0101, Wis. Stats., the Village
of Belleville hereby elects not to be governed by those portions of
§§ 61.19, 61.23 and 61.25(2), Wis. Stats., which relate
to the selection and tenure of the Clerk and Treasurer and which are
in conflict with this section.
B.
Duties. Such person so 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 him
or her by the Village Board from time to time.[1]
The Village 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 § 121-2, except that the Village Attorney shall serve at the pleasure of the Village Board.
B.
Duties. The Village Attorney shall have the following duties:
(1)
The Village Attorney shall advise the Village Board on the legal
business in which the Village is interested.
(2)
He or she shall, when requested by Village officers, give written
legal opinions, which shall be filed with the Village.
(3)
He or she shall draft ordinances, bonds and other instruments as
may be required by Village officers.
(4)
He or she may appoint an assistant, who shall have power to perform
his or her duties and for whose acts he or she 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.
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.
D.
Compensation. Compensation or a method for calculating compensation
shall be agreed upon between the Village Attorney and the Village
Board in writing.
A.
Appointment.
(1)
The Chief of Police shall be appointed pursuant to § 121-2, subject to removal pursuant to the procedures established in § 61.65(1)(am), Wis. Stats. The Chief of Police shall exercise the powers and duties of Village marshals and Village constables and any other powers and duties prescribed by the Village Board, Village ordinances or the Wisconsin Statutes. Upon a permanent vacancy, an officer designated by the Village Board shall temporarily replace the Chief until the vacancy is filled by the Village Board.
(2)
The compensation to be paid the Chief of Police for his or her 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
Village Board from time to time.
B.
General duties.
(1)
The Chief of Police shall have command of the Police Department.
He or she shall have general administration and control of the Department
and shall be responsible for the Department's government, efficiency
and general good conduct. He or she shall perform all duties prescribed
to him or her by the laws of the state and the ordinances of the Village
and shall obey all lawful written orders of the Village Board or appropriate
committee thereof.
(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 of Police shall cooperate with other law enforcement
officers in the arrest or apprehension of a person charged with a
crime. He or she shall see that all laws and ordinances of the Village
and state are enforced. Whenever any violation thereof shall come
to his or her knowledge, he or she shall cause the requisite complaint
to be made and see that the evidence is procured for the successful
prosecution of the offender or offenders. He or she shall exercise
supervisory control over all the personnel of his or her Department
and may adopt, subject to the approval of the Village Board, rules
and regulations for the government, discipline, equipment and uniforms
of the police officers. He or she shall be solely responsible for
the care and condition of the equipment used by his or her Department.
He or she shall keep an accurate and complete record of all complaints,
arrests, traffic violations, convictions and dispositions of the Department.
A.
Appointment. The Fire Chief shall assume office pursuant to the bylaws
of the Fire Department and Fire District. He or she shall be the Village
Fire Inspector by virtue of his or her office; he or she may delegate
that responsibility.
B.
Powers and duties of Chief.
(1)
The Fire 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)
He or she 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.
[Amended 5-3-2010 by Ord.
No. 2010-05-01]
The Weed Commissioner shall be the Village President or his
designee. The Weed Commissioner shall hold office pursuant to and
fulfill the duties set out in state law.
B.
Duties and powers. The Director of Public Works shall have the following
duties and powers. The Director of Public Works shall:
(1)
Have general charge and supervision of all public works and utilities
in the Village.
(2)
Be responsible for the maintenance, repair and construction of streets,
alleys, curbs and gutters, sidewalks, bridges, street signs, storm
sewers, cemetery, Village buildings and structures and all machinery,
equipment and property used in any activity under his or her control.
[Amended 5-3-2010 by Ord.
No. 2010-05-01]
(3)
Have charge of all public services, including garbage and refuse
collection and disposal, snow and ice removal, street cleaning, and
mosquito and rodent control.
(4)
Perform such other activities and duties as are imposed upon him
or her from time to time by the Village Board, his or her job description
or employment contract.
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 pursuant to § 121-2. Said person so appointed to perform the duties of such office shall have an indefinite term or 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 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.
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 said 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),
Wis. Stats., not subject to the right of inspection and copying under
§ 19.35(1), Wis. Stats.
[Amended by Ord. No. 2000-02-02]
[1]
Editor's Note: This section was originally adopted by charter
ordinance.
A.
Appointment.
(1)
Building, Plumbing, Electrical and Heating, Ventilating and Air Conditioning (HVAC) Inspectors shall be appointed pursuant to § 121-2.
(2)
Inspectors shall:
(a)
Have proper state certification in areas of their responsibility.
(b)
Possess such executive ability as is requisite for the performance
of their duties and shall have a thorough knowledge of the standard
materials and methods used in the installation of equipment in their
area of responsibility.
(c)
Be well versed in approved methods of construction for safety
to persons and property, the Wisconsin Statutes relating to work in
their area of responsibility, and any orders, rules and regulations
issued by authority thereof.
(d)
Have sufficient experience in the installation of equipment
to enable them to understand and apply the appropriate codes adopted
by the Village of Belleville.
B.
Authority to enter premises; appeals.
(1)
In the discharge of their respective duties, each inspector under this section or his or 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 an inspector or his or her authorized agent while in the performance of his or her duties, and any person so interfering shall be in violation of this section and subject to a penalty as provided in § 1-4.
(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, an inspector
shall obtain a special inspection warrant under § 66.0119,
Wis. Stats.
C.
Duties and authority. The Building, Plumbing, Electrical and Heating,
Ventilating and Air Conditioning (HVAC) Inspectors shall have such
duties as are prescribed in this section and this Code.
D.
Stop-work orders and revocations. Inspectors 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.
A.
Appointment. The Village Engineer is an appointed position. The Village Engineer shall be appointed pursuant to § 121-2, except that the Village Engineer shall serve at the pleasure of the Village Board.
A.
No person shall be elected by the people to a Village office who
is not at the time of his or 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 Village 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 or
her duties and within five days after notice of election or appointment,
take the oath of office prescribed by law and file such oath in the
office of the Village Clerk/Treasurer, provided that the Municipal
Judge shall take his or her official oath within 10 days after his
or her election and file it with the Clerks of Circuit Court for Dane
County and Green County prior to acting as Judge. Any person reelected
or reappointed to the same office shall take and file an official
oath for each term of service.[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 Village Board may appoint some person
to discharge his or her duties until he or she 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.
