[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.]
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.
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.
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.
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.
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.
(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.
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.
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.
