City of New Lisbon, WI Chapter 127 Officers and Employees

[HISTORY: Adopted by the Common Council of the City of New Lisbon 4-2-2001 as Title 2, Ch. 3, of the 2001 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Boards, commissions and committees — See Ch. 20.

Elections — See Ch. 47.

Ethics — See Ch. 52.

Fire Department — See Ch. 68.

Mayor and Council — See Ch. 110.

Police Department — See Ch. 136.

§ 127-1 General provisions.

A. General powers. Officers of the City of New Lisbon shall have generally the powers and duties prescribed for like officers of cities, towns and villages, except as otherwise provided, and such powers and duties as are prescribed by law and, except as to the Mayor, shall perform such duties as shall be required of them by the Council. Officers whose powers and duties are not enumerated in Ch. 62, Wis. Stats., shall have such powers and duties as are prescribed by law for like officers or as are directed by the Council.

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 City officers.[1]

[1] Editor's Note: See also Ch. 52, Ethics.

D. Legal representation. Whenever any City official in his/her official capacity proceeded against or obliged to proceed before any civil court, board, committee 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 Council has ordered the proceedings discontinued, the Council 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 attorney fees.

§ 127-2 Appointed officials.

[Amended 11-19-2001]

A. Appointed officials. The following shall be appointed officials:

	Official	How Appointed	Term
	Attorney	Council, subject to three-fourths vote of entire Council and Mayor	1 year
	Chief of Police	Police and Fire Commission	Indefinite
	Director of Public Works	Mayor, subject to confirmation by Council	Indefinite
	Fire Chief	Police and Fire Commission	Indefinite
	Clerk-Treasurer	Mayor, subject to confirmation by Council	Indefinite
	Engineer	Council, subject to three-fourths vote of entire Council and Mayor	1 year

B. Time for taking office and term of office. The regular term of all appointed officials shall commence with their appointment at the first regular meeting of the Common Council in May of each year and shall remain in effect until someone else is appointed to fill the position. Officials appointed for indefinite terms shall take office upon appointment and qualification and shall serve until removed as provided by statute.[1]

[1] Editor's Note: Original Sec. 2-3-2(c), Offices dispensed with, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 127-3 Clerk-Treasurer.

A. Offices of Clerk and Treasurer combined. Pursuant to § 62.09(3)(c), Wis. Stats., the offices of the City Clerk and City Treasurer have been combined by charter ordinance enacted pursuant to § 66.0101, Wis. Stats. Any references in this Code to the City Clerk or the City Treasurer shall be construed to mean the Clerk-Treasurer.

B. Duties as Clerk. In his/her capacity as City Clerk, the City Clerk-Treasurer shall be responsible for performing those duties required by § 62.09(11), Wis. Stats., 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 and 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 Common Council and such other official boards and commissions as may be directed.

(5) Maintain a file on all City records, ordinances, resolutions and vouchers.

(6) Type and distribute reports for the Council and for federal and state agencies.

(7) Audit and obtain approval on claims charged against the City.

(8) Assist the City Assessor in maintaining property assessment records.

(9) Administer oaths and affirmations.

(10) Issue licenses to various vendors in City.

(11) Develop and implement improved internal control and financial reporting procedures as necessary or as requested or directed.

(12) File financial and other reports with various state agencies.

(13) File insurance claims on behalf of the City.

(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 Mayor, department heads and Common Council committees about projects and problems.

(19) Maintain personnel files.

(20) Perform such other duties as may be directed by the Common Council.

C. Duties as Treasurer. In his/her capacity as City Treasurer, the City Clerk-Treasurer shall be responsible for performing those duties required by § 62.09(9), Wis. Stats., 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 City and serve as City Comptroller.

(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 City operations, including utilities.

(7) Collect all taxes for the City 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.

(12) Coordinate the preparation and compilation of the annual City budget.

(13) Make property tax settlements with the County Treasurer and turn over to school district and other taxing units their proportionate share of property tax collections.

(14) Issue purchase orders.

D. Duties prescribed by law or Council. The Clerk-Treasurer shall perform such other duties as are prescribed by state statutes and by order of the Council. The Clerk-Treasurer generally shall perform, under direction of the Mayor or other presiding officer of the Council, all duties pertaining to his/her office as Clerk-Treasurer and shall be responsible for all the official acts of assistants.

E. Bond. The City Clerk-Treasurer shall execute to the City a surety company fidelity bond in an amount determined by the Common Council.

§ 127-4 Deputy Clerk-Treasurer.

The Clerk-Treasurer may appoint a Deputy Clerk-Treasurer subject to confirmation by a majority of the members of the Common Council. 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 Common Council shall direct. The Common Council shall set the salary of the Deputy Clerk-Treasurer.

§ 127-5 Director of Public Works.

A. Selection. The Director of Public Works shall be appointed pursuant to § 127-2. Selections shall be made solely on merit upon the basis of general qualifications and fitness for performing the duties of the position.

B. Powers and duties. Subject to direction of the Mayor, Common Council and the Utility Commission, the Director of Public Works shall have the following duties:[1]

(1) Plan, direct and manage all public works and utilities, including but not limited to streets, streetlights, storm sewers, sidewalks, curb and gutter, sanitary sewer, water, electric, power generation, dam and flood control, and manage and maintain all land and buildings owned by the City.

(2) Supervise and coordinate all maintenance and construction projects involving public works.

(3) Prepare specifications and bid documents for equipment purchases, building and maintenance projects, and construction.

(4) Prepare recommendations for annual and long-range projects for presentation to the Common Council, the Mayor and the Utility Commission.

(5) Visit the various sites and operations on an as-needed basis.

(6) Report regularly to the Common Council and Utility Commission with updates on the operation of all areas of public works.

(7) Supervise all phases of snow and ice removal on City streets, alleys, and City parking areas.

(8) Supervise maintenance of all City equipment, buildings and facilities and maintain records of all maintenance of City equipment, buildings, and facilities.

(9) Supervise public works employees, schedule their work, evaluate their performance on a regular basis and maintain records related to employee evaluation and performance.

(10) Repair and maintain all official City signs and traffic control markings, to be done in compliance with the state traffic code and local ordinances.

(11) Perform such other duties as may be directed by the Common Council and Utility Commission.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 127-6 Attorney.

A. Selection. The City Attorney shall be appointed pursuant to § 127-2.

B. Duties. The City Attorney shall have the following duties. The Attorney shall:

(1) Conduct all of the law business in which the City is interested and shall serve as legal advisor to the Mayor, Common Council and officers of the City.

(2) When requested by City officers, give written legal opinions, which shall be filed with the City.

(3) Draft ordinances, bonds and other instruments as may be required by City officials.

(4) Perform such other duties as provided by state law and as designated by the Common Council.

C. Assistant. The City Attorney may appoint an assistant, who shall have power to perform his/her duties and for whose acts he/she shall be responsible to the City. Such assistant shall receive no compensation from the City unless previously provided by ordinance.

D. Special counsel. The Common Council may employ and compensate special counsel to assist in or take charge of any matter in which the City is interested.

§ 127-7 Chief of Police. [1]

A. Appointment.

(1) The Chief of Police shall be appointed pursuant to § 127-2 and shall hold office during satisfactory performance, subject to suspension or removal pursuant to law.

(2) The compensation to be paid the Chief of Police for his/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 from time to time.

B. General duties. The Chief of Police shall:

(1) Have command of the Police Department of the City under direction of the Police and Fire Commission.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(2) Have general administration and control of the Department.

(3) Be responsible for the Department's government, efficiency and general good conduct.

(4) Perform all duties prescribed for him/her by laws of the state and ordinances of the City.

(5) Develop Department policies and procedures.

(6) Maintain Department ethics and discipline.

(7) Delegate special assignments or duties to police officers and monitor to see that responsibilities are carried out.

(8) Perform all the duties of a police officer during a portion of every regular shift.

(9) Identify and evaluate ideas to achieve more efficient and effective operation.

(10) Prepare Department budget requests and maintain expenditures within approved budgetary levels.

(11) Authorize overtime work for police officers, with supporting justification provided to the Police and Fire Commission.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(12) Participate in the recruitment, testing and selection of new personnel.

(13) Supervise and participate in the advanced and continuing training of police officers and nonsworn Department employees.

(14) Cooperate with county, state and federal officials and other municipal law enforcement agencies.

(15) Make special reports to the Common Council on request and advise and cooperate with other City departments in matters of public safety.

(16) Perform other miscellaneous duties as assigned.

[1] Editor's Note: See also Ch. 136, Police Department, § 136-4.

§ 127-8 Fire Chief. [1]

A. Appointment. The Fire Chief shall be appointed pursuant to § 127-2 by the Police and Fire Commission.

B. Duties and powers. The Chief shall enforce all fire prevention ordinances of the City 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.

C. Reports of Chief. The Fire Chief shall report to the Common Council and/or Police and Fire Commission from time to time at his/her discretion or upon the request of said Common Council and/or Police and Fire Commission on matters concerning departmental matters and shall perform such other duties in conformance with his/her office as may from time to time be required of him/her by the Common Council.

[1] Editor's Note: See also Ch. 68, Fire Department, § 68-5.

§ 127-9 Assessor.

A. Appointment.[1]

(1) The City of New Lisbon hereby elects not to be governed by those portions of § 62.09(3)(b), Wis. Stats., relating to the method of selection of the City Assessor which are in conflict with this section.

(2) The City Assessor, or assessing firm, shall be appointed by the Common Council for a term of office as determined by contract.

(3) A corporation or an independent contractor may be appointed as 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.

(4) No Assessor shall be appointed unless said Assessor in certified by the Wisconsin Department of Revenue as qualified to perform the functions of the office of Assessor.

[1] Editor's Note: This provision was enacted by charter ordinance.

B. Duties. The Assessor shall perform all duties required of such office as provided by law and such other duties as are requested to be executed by such person by the Common Council from time to time.

C. Definition. For purposes of this section, "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.

§ 127-10 Building Inspector.

A. Qualifications.

(1) There is created the position of Building Inspector.

(2) The Building Inspector shall:

(a) Possess such executive ability as is requisite for the performance of his/her duties and shall have a thorough knowledge of the standard materials and methods used in the installation of equipment in his/her area of responsibility.

(b) Be well versed in approved methods of construction for safety to persons and property, the statutes of the State of Wisconsin relating to work in his/her area of responsibility, and any orders, rules and regulations issued by authority thereof.

(c) Have sufficient experience in the installation of equipment to enable him/her to understand and apply the appropriate codes adopted by the City of New Lisbon.

(d) Be certified by the State of Wisconsin in his/her areas of responsibility.

B. Appointment and general powers.

(1) The Building Inspector shall be appointed by the Mayor, subject to Council confirmation, for an indefinite term of office.

(2) Any person feeling himself/herself aggrieved by any order or ruling of the Building Inspector may, within 20 days thereafter, appeal from such order or ruling to the Zoning Board of Appeals, as established in Chapter 520, Zoning, of this Code, such an appeal to be in writing.

C. Authority to enter premises.

(1) In the discharge of his/her duties, the Building 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/her duties, and any person so interfering shall be in violation of this section and subject to a penalty as provided by § 1-4 of this 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.

D. Duties and authority. The Building Inspector shall have such duties as are prescribed in this section and Chapter 238, Building Construction, of this Code of Ordinances.

E. Records. The Building Inspector shall keep a record of all applications for permits and regularly number each permit in the order of issuance. The Building Inspector shall keep a record of all inspections made and a record of all fees collected by him/her showing the date of his/her receipt and transfer to the City Clerk-Treasurer.

F. 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 of Ordinances. 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.[1]

[1] Editor's Note: Original Sec. 2-3-11, Health Officer, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 127-11 Weed Commissioner.

The Weed Commissioner shall be appointed by the Mayor, subject to Council confirmation. The term of office of the Weed Commissioner shall commence on the first day of May following his/her appointment. The Weed Commissioner shall take the official oath, which oath shall be filed in the office of the City 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.

§ 127-12 Eligibility for office.

A. No person shall be elected by the people to a City 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 City and, in case of a ward office, of the ward and actually residing therein.

B. An appointee of the Mayor, required to be confirmed by the Council, who shall be rejected by the Council shall be ineligible for appointment to the same office for one year thereafter.

C. No member of the Common Council shall, during the term for which he/she is elected, be eligible for an office or position which, during such term, has been created by, or the selection to which is vested in, the Council, provided that the Council may be represented on City boards or commissions where no additional remuneration is paid such representative, except as otherwise provided by the laws of the State of Wisconsin.

§ 127-13 Removal from office.

A. Elected officials. Elected officials may be removed by the Common Council as provided in §§ 17.12(1)(a) and 17.16, Wis. Stats.

B. Appointed officials. Appointed officials may be removed as provided in §§ 17.12(1)(c) and 17.16, Wis. Stats.

§ 127-14 Custody of official property.

City officers must observe the standards of care imposed by § 19.21, Wis. Stats., with respect to the care and custody of official property.

§ 127-15 Oath of office; bonds of officers.

A. Oath. Every person elected or appointed to any statutory office shall take and file his/her official oath within 10 days after the notice of his/her election or appointment.

B. Bonds. The City Clerk-Treasurer and such other statutory officers as the laws of Wisconsin or the Common Council may direct shall execute and file an official bond in such form as the Council may determine. The Council may at any time require new or additional bonds of any officer. All official bonds must be approved by the Mayor and, when so approved, then be filed within 10 days after the officer executing the same shall have been notified of his/her election or appointment. Official bonds shall be filed with the City Clerk-Treasurer and shall be recorded by him/her in a book kept by him/her for that purpose.