City of Marion, WI
Shawano, Waupaca County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Marion 7-22-1993 as Title 2, Ch. 3, of the 1993 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Elections — See Ch. 62.
Code of Ethics — See Ch. 71.
Mayor and Council — See Ch. 135.
A. 
General powers. Officers of the City of Marion 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. 71, Ethics, Code of.
D. 
Legal representation. Whenever any City official in his official capacity proceeded against or obliged to proceed before any civil court, board, committee 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 Council has ordered the proceedings discontinued, the Council 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. 
Appointment not to be governed by statutes. The City of Marion, pursuant to §§ 62.09 and 66.0101, Wis. Stats., hereby elects not to be governed by those portions of Ch. 62, Wis. Stats., which are in conflict with this section.
B. 
Combined offices. The offices of City Clerk and City Treasurer are hereby consolidated, and the duties of both offices shall be performed by the person appointed as City Clerk-Treasurer. The Clerk-Treasurer position shall be filled by appointment pursuant to Subsection C.
C. 
Appointment; term.
(1) 
The Clerk-Treasurer of the City of Marion shall be appointed by the Mayor subject to confirmation by the Common Council.
(2) 
The Clerk-Treasurer shall hold office for an indefinite term, subject to removal as provided by law.
D. 
Duties. The City Clerk-Treasurer shall be responsible for performing those duties required by § 62.09(9) and (11), Wis. Stats., and for the following additional duties. The Clerk-Treasurer shall:
(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) 
Prepare the tax roll and tax notices required by the State of Wisconsin.
(5) 
Attend meetings, take minutes and maintain files for the Common Council and such other official boards and commissions as may de directed.
(6) 
Maintain a file on all City records, ordinances, resolutions and vouchers.
(7) 
Type and distribute reports for the Council and for federal and state agencies.
(8) 
Audit and obtain approval on claims charged against the City.
(9) 
Prepare financial and bank statements.
(10) 
Assist the City Assessor in maintaining property assessment records.
(11) 
Administer oaths and affirmations.
(12) 
Maintain fiscal records for the City and serve as City Comptroller.
(13) 
Issue licenses to various vendors in the City.
(14) 
Make reports to the state on assessments.
(15) 
Perform recordkeeping, billing, collections, banking, investments, accounting and financial reporting of all City operations, including utilities.
(16) 
Develop and implement improved internal control and financial reporting procedures as necessary or as requested.
(17) 
Collect all taxes for the City and other taxing bodies.
(18) 
Invest idle funds for maximum interest earnings.
(19) 
Prepare monthly financial report.
(20) 
Maintain payroll records and prepare payroll checks from approved employee time sheets.
(21) 
Prepare check vouchers for payment of approved claims for signature.
(22) 
Develop and implement improved internal control and financial reporting procedures as necessary or as directed.
(23) 
Coordinate the preparation and compilation of the annual City budget.
(24) 
File financial and other reports with various state agencies.
(25) 
File insurance claims on behalf of the City.
(26) 
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.
(27) 
Locate suppliers of goods or services and obtain quotes.
(28) 
Advertise for bids, receive them and summarize the results.
(29) 
Issue purchase orders.
(30) 
Identify and evaluate ideas to achieve more efficient and effective operation.
(31) 
Coordinate, supervise and conduct elections.
(32) 
Confer with the Mayor, department heads and Common Council committees about projects and problems.
(33) 
Maintain personnel files.
(34) 
Perform such other duties as may be directed by Common Council.
E. 
Bond. The City Clerk-Treasurer shall execute to the City a surety company fidelity bond in an amount determined by the Common Council.
[1]
Editor's Note: This section was originally enacted by charter ordinance.
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.
A. 
Appointment. The office of City Attorney is an appointed position. The Mayor shall appoint a City Attorney, subject to confirmation by a majority of the members of the Common Council. The City Attorney shall serve at the pleasure of the Council.
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. He may appoint an assistant, who shall have power to perform his duties and for whose acts he 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.
A. 
Appointment.
(1) 
The Chief of Police shall be appointed by the Common Council and shall hold office during satisfactory performance, subject to suspension or removal pursuant to law.
(2) 
The compensation to be paid to 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 Common Council 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 Mayor and Common Council.
(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 to him 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 Mayor and Common Council, or committee thereof.
(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) 
Submit regular reports to the Council.
(17) 
Perform other miscellaneous duties as assigned.
[1]
Editor's Note: See also Ch. 177, Police Department.
A. 
Appointment. The Fire Chief shall be appointed pursuant to the bylaws of the Marion Fire Department, subject to confirmation by the Common Council.
B. 
Duties and powers.
(1) 
The Chief shall have general supervision of the Fire Department personnel, apparatus and equipment. He, or his designee, shall be present at fires and command all fire-fighting operations. The Fire Chief may make such further rules, regulations and policies for the government of the Fire Department as he may deem necessary, provided that such rules and regulations shall not be inconsistent with the laws of the State of Wisconsin or Department bylaws. The Fire Chief shall, by virtue of his office, hold the office of Fire Inspector or he may delegate a member of the Department to serve as the Fire Inspector.
(2) 
He 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 from time to time at his discretion or upon the request of said Common Council on matters concerning departmental matters and shall perform such other duties in conformance with his office as may from time to time be required of him by the Common Council.
[1]
Editor's Note: See also Ch. 88, Fire Department, and Ch. 345, Fires and Fire Prevention.
A. 
Appointment. The Street Superintendent shall be appointed by the Mayor, subject to confirmation by the Council. The Street Superintendent shall have an indefinite term of office.
B. 
Duties. The Street Superintendent shall have the following duties. The Street Superintendent shall:
(1) 
Plan, direct and inspect the repair and maintenance of streets, curbs and gutters, sidewalks, streetlights, and street trees.
(2) 
Supervise plowing of snow and all phases of snow and ice control on City streets, alleys, sidewalks and public parking lots.
(3) 
Supervise the operation of the municipal garage and the repair and maintenance of City-owned vehicles and equipment.
(4) 
Schedule daily and weekly jobs of the Street Department employees and make necessary modifications due to emergencies.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(5) 
Plan for the maintenance and repair of all City vehicles, machinery and equipment and be responsible for related records.
(6) 
Repair and maintain all official City sign use and traffic control marking, to be done in compliance with the State Traffic Code and local ordinances.
(7) 
Perform such other duties as may be directed by the Common Council.
A. 
Selection. The Mayor shall appoint in even-numbered years a Health Officer, subject to confirmation by the Common Council. The Health Officer's term shall be for a two-year period concurrent with the Mayor's term of office and shall commence on the first day of May succeeding his appointment. Such Health Officer shall be a physician or, in lieu thereof, a person with training and experience in public health administration which shall meet training and experience requirements established by the State Department of Health Services. If the Health Officer is not a physician, the Common Council shall arrange for and provide in addition such services of a physician as may be necessary on either a part-time or full-time basis and provide reasonable compensation thereof.
B. 
Vacancy. If a vacancy in the position of Health Officer occurs, the Mayor shall immediately fill the position.
C. 
Responsibilities.
(1) 
The Health Officer shall provide such additional rules and regulations as are necessary for the preservation of health, to prevent the spread of communicable diseases, and to cause the removal of all objects detrimental to health and to enforce the health laws. All proposed rules and regulations shall be reported to the Common Council by the Health Officer, and if the Council approves the same by a vote of a majority of its members, they shall have the force and effect of ordinances, including penalty for violation.
(2) 
The Health Officer shall from time to time recommend to the Common Council such sanitary measures to be executed by the City as seem necessary and shall discharge such other duties as may be imposed upon the Health Officer by ordinance or resolution.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 appointment. The Weed Commissioner shall take the official oath, which oath shall be filed in the office of the 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. 
Appointment.
(1) 
The City of Marion 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 Mayor, subject to confirmation by the Council, for an indefinite term of office, pursuant to employment 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 is certified by the Wisconsin Department of Revenue as qualified to perform the functions of the office of Assessor.
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.
[1]
Editor's Note: This section was originally enacted by charter ordinance.
The Utilities Superintendent shall be appointed by the Mayor, subject to confirmation by Council, for an indefinite term of office. The Utilities Superintendent shall supervise the operation of City-owned utilities.
A. 
No person shall be elected by the people to a City 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 City, and in the case of a ward office of the ward, and actually resident therein.
B. 
An appointee by 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 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.
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.
City officers must observe the standards of care imposed by § 19.21, Wis. Stats., with respect to the care and custody of official property.
A. 
Oath. Every person elected or appointed to any statutory office shall take and file his official oath within 10 days after the notice of his election or appointment.
B. 
Bonds. The 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 filed within 10 days after the officer executing the same shall have been notified of his election or appointment. Official bonds shall be filed with the City Clerk-Treasurer and shall be recorded by him in a book kept by him for that purpose.