[HISTORY: Adopted by the Village Board of the Village of Baldwin 4-28-2004 as Secs. 2-3-1 to 2-3-11 and 2-3-13 to 2-3-17 of the 2004 Code. Amendments noted where applicable.]
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.
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.
Applicability of ethics statutes. The general laws for the punishment of bribery, misdemeanors and corruption in office shall apply to Village officers.
Legal representation. Whenever a Village official in his/her official capacity is proceeded against or is 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 attorney's fees.
[Amended 3-13-2013; 10-9-2013]
The Village officials hereinafter set forth shall be appointed:
Creation and purpose. In order that the various officers, officials and employees and departments executing policy and administering the affairs of the Village of Baldwin may operate as efficiently as possible under a system of a part-time Village President and part-time trustees, and to better insure competent, expeditious, efficient, and harmonious administration and action in respect to any activity common to one or more of the Village's officers, officials, and departments, and in order that there may be a uniform application of policy, there is herewith created the office of Village Administrator-Clerk-Treasurer for the Village of Baldwin. The Village Administrator-Clerk-Treasurer position includes and consolidates the offices of Village Clerk and Village Treasurer, and may be referred to in this Code of Ordinances as "Administrator" and/or "Clerk-Treasurer."
Duties and responsibilities. The Village Administrator-Clerk-Treasurer shall serve as the Chief Administrative Officer of the Village of Baldwin, responsible to and under the general direction and policy of the Village President and Village Board, and shall be responsible for the proper administration of all activities of the Village. The Village Administrator-Clerk-Treasurer shall have administrative powers and responsibilities over all departments, department heads and employees of the Village except the Police Department. He/she shall have administrative powers and responsibilities over the utilities of the Village. To this end, the Village Administrator-Clerk-Treasurer shall have the following powers and duties:
The duties and responsibilities of the Village Administrator-Clerk-Treasurer include directing the effective and efficient performance of all Village employees and coordinating and expediting all Village services, functions and programs.
The Village Administrator-Clerk-Treasurer shall:
Carry out all directives approved by the Village Board which require administrative implementation through the active direction and coordination of the various Village departments.
Be responsible for directing, coordinating and expediting the activities of all Village departments, except for such authority vested by Wisconsin Statutes in certain boards and commissions. This includes making or directing such studies as are necessary to determine the most economical and efficient operation of such departments and programs when deemed necessary.
Be at all times responsible to the Village President and Village Board and shall be responsible for effectuating all actions of the same which require administrative implementation or where the Village President and Village Board have directed him/her to act.
Be responsible for the administration of all day-to-day operations and services provided by the Village government, including supervision of all Village departments and employees in the monitoring and enforcement of all Village ordinances, resolutions, state statutes, and Board directives.
Establish and implement administrative procedures to increase the effectiveness and efficiency of the Village government which are fully consistent with approved policies established by the Village Board.
Keep informed concerning current federal, state and county legislation and administrative rules affecting the Village and submit appropriate reports and recommendations thereon to the Village Board.
Represent the Village in matters involving legislative and intergovernmental affairs as required.
Establish and maintain procedures to facilitate communication between citizens and Village government to assure that complaints, grievances, recommendations, and other matters receive prompt attention and to assure that all such matters are expeditiously resolved.
Promote the economic well-being and growth of the Village through public and private sector cooperation and shall coordinate economic development efforts of the Village.
Keep the Village Board informed about activities of Village departments through oral or written reports.
Serve as the Village's Personnel Officer, which shall include the development, implementation, interpretation and enforcement of Village Personnel Rules and Regulations as approved by the Village Board. This includes recommending revisions to Village personnel policies when necessary, performing periodic performance evaluations of all non-sworn Village employees, and implementing disciplinary actions when warranted. In addition, the Administrator-Clerk-Treasurer shall recommend salary and wage scales for all Village employees not covered by collective bargaining agreements and direct and oversee the process where personnel problems and/or grievances are promptly resolved.
Direct and oversee the Village's Purchasing Policy as approved by the Village Board.
Administer the payroll and maintain accurate and complete official employment records for all Village employees.
Serve as Village Clerk-Treasurer and shall be responsible for the duties of the Clerk-Treasurer as set forth in the Wisconsin Statutes and Village ordinances.
Develop budgeting procedures and prepare and administer the annual operating and capital budgets in accordance with such guidelines as may be provided by the Village Board and in coordination with all department heads, Board committees, and the Village President.
Supervise the purchase of all materials, supplies, and equipment for which funds are provided in the budget; let contracts necessary for the operation and maintenance of Village services for amounts to up and including $5,000; and receive bids or proposals for purchases or contracts in excess of $5,000 for presentation to the Village Board for approval unless the taking of bids is waived by the Board.
Institute and operate a system whereby Village departments, as well as persons having business with the Village Board or any Village department, may properly and efficiently conduct such business.
Inquire into and settle, pursuant to existing Village policy, or otherwise report to the Village Board any dispute concerning the activities of any department or office in connection with interdepartmental relations or with persons having business with the Village.
Inform the Village President or Village Board concerning any proposed change in service rendered Village residents or Village-located businesses which shall appreciably affect either the extent, quality, or cost of such service.
Consolidated offices. Pursuant to §§ 61.195, 61.197 and 66.0101, Wis. Stats., the Village of Baldwin 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 Administrator-Clerk-Treasurer by the Village President subject to confirmation by the Village Board (charter ordinance). For purposes of this Code, the Administrator-Clerk-Treasurer may be referred to as the "Clerk-Treasurer" or "Administrator."
Term. The appointed Village Administrator-Clerk-Treasurer shall hold office for an indefinite term, subject to removal as provided in § 17.13, Wis. Stats.
Audits. Annual audits shall be made of the records of the Administrator-Clerk-Treasurer with the audit to be made by a certified public accountant.
Duties as Clerk. In his/her capacity as Village Clerk, the Village Administrator-Clerk-Treasurer shall be responsible for performing those duties required by the Wisconsin Statutes and for the following additional duties:
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.
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.
Issue all licenses required by ordinance or statute except as otherwise provided.
Attend meetings, take minutes and maintain files for the Village Board and such other official boards and commissions as may be directed.
Maintain a file on all Village records, ordinances, resolutions and vouchers.
Type and distribute reports for the Village Board and for federal and state agencies.
Audit and obtain approval on claims charged against the Village.
Assist the Assessor in maintaining property assessment records.
Administer oaths and affirmations.
Issue licenses to various vendors in the Village.
Develop and implement improved internal control and financial reporting procedures as necessary or as requested.
File financial and other reports with various state agencies.
File insurance claims on behalf of the Village.
Locate suppliers of goods or services and obtain quotes.
Advertise for bids, receive them and summarize the results.
Confer with Village President, department heads and Village Board committees about projects and problems.
Maintain personnel files.
Duties as Treasurer. In his/her capacity as Village Treasurer, the Village Administrator-Clerk-Treasurer shall be responsible for performing those duties required by the Wisconsin Statutes and for the following additional duties:
Prepare the tax roll and tax notices required by the State of Wisconsin.
Prepare financial and bank statements.
Maintain fiscal records for the Village.
Make reports to the state on assessments.
Prepare and send invoices for services provided by municipal utilities.
Perform record keeping, billing, collections, banking, investments, accounting and financial reporting of all Village operations, including utilities.
Collect all taxes for the Village and other taxing bodies.
Invest idle funds for maximum interest earnings.
Prepare monthly financial report.
Maintain payroll records and prepare payroll checks from approved employee time sheets.
Prepare check vouchers for payment of approved claims for signature.
Coordinate the preparation and compilation of the annual Village budget.
Duties prescribed by law. The Administrator-Clerk-Treasurer shall perform such other duties as are prescribed by state statutes and by order of the Village Board. The Administrator-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 Administrator-Clerk-Treasurer and shall be responsible for all the official acts of assistants.
Bond. The Administrator-Clerk-Treasurer shall execute to the Village a surety company fidelity bond in an amount determined by the Village Board. In lieu of this requirement, the Village Board may approve a schedule or blanket bond pursuant to Wis. Stats. § 61.22.
Deputy Clerk(s). The Administrator-Clerk-Treasurer may appoint a Deputy Clerk(s), subject to confirmation by a majority of all the members of the Village Board. The Deputy Clerk(s) shall have an indefinite term of office. The Deputy Clerks shall act under the Village Administrator-Clerk-Treasurer's direction and, during the temporary absence or disability of the Village Administrator-Clerk-Treasurer or during a vacancy in such office, shall perform the duties of Village Clerk-Treasurer. The acts of the Deputy(s) shall be covered by official bond as the Village Board shall direct.
Deputy Treasurer(s). The Administrator-Clerk-Treasurer may appoint a Deputy Treasurer(s), subject to confirmation by a majority of all the members of the Village Board. The Deputy Treasurer(s) shall have an indefinite term of office. The Deputy Treasurer(s) shall act under the Village Administrator-Clerk-Treasurer's direction and, during the temporary absence or disability of the Village Administrator-Clerk-Treasurer or during a vacancy in such office, shall perform the duties of Village Treasurer. The acts of the Deputy(s) shall be covered by official bond as the Village Board shall direct.
Duties. The Village Attorney shall have the following duties:
The Village Attorney shall:
Conduct all of the legal business in which the Village is interested.
When requested by Village officers, give written legal opinions, which shall be filed with the Village.
Draft ordinances, bonds and other instruments as may be required by Village officers.
Perform such other duties as provided by state law and as designated by the Village Board.
The Village 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 Village. Such assistant shall receive no compensation from the Village, unless previously provided by ordinance.
The Village Board may employ and compensate special counsel to assist in or take charge of any matter in which the Village is interested.
Appointment. The Chief of Police shall be appointed pursuant to § 118-2. The Chief shall exercise the powers and duties of the Village marshals and Village constables and any other powers and duties as provided from time to time by the Village Board.
The Chief of Police shall have command of the Police Department. The Chief of Police shall have general administration and control of the Department and shall be responsible for the Department's government, efficiency and general good conduct. The Chief of Police shall perform all duties prescribed to him/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.
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 shall cooperate with other law enforcement officers in the arrest or apprehension of person charged with crime. The Chief of Police shall see that all laws and ordinances of the Village and state are enforced. Whenever any violation thereof shall come to his/her knowledge, he/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. The Chief of Police shall exercise supervisory control over all the personnel of his/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. The Chief of Police shall be solely responsible for the care and condition of the equipment used by his/her Department. The Chief of Police shall keep an accurate and complete record of all complaints, arrests, traffic violations, convictions and dispositions of the Department.
Fire Department officers shall be elected pursuant to Department bylaws.
The Weed Commissioner shall be appointed by the Village President, subject to Village Board 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 Village Administrator-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.
Appointment. The Director of Public Works shall be appointed pursuant to § 118-2. 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.
Duties and powers. The Director of Public Works shall have the following duties and powers:
General duties. The Director of Public Works shall:
Have general charge and supervision of certain public works in the Village.
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.
Have charge of certain public services, including snow and ice removal, street cleaning, flushing, and street maintenance.
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.
Maintain, clean and repair streets and roads. The Director of Public Works shall:
Maintain Village buildings and equipment. The Director of Public Works shall:
Clean, maintain, paint and service Village buildings as needed and as directed by the Board.
Keep buildings in safe condition to meet all state and local building and safety code requirements.
Maintain and service all Village vehicles and machinery as needed and as directed by the Board.
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.
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 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.
Each inspector shall:
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;
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;
Have sufficient experience in the installation of equipment to enable him/her to understand and apply the appropriate codes adopted by the Village of Baldwin.
Be certified in his/her area of inspection responsibilities.
Authority to enter premises; appeals.
In the discharge of their 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.
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.
Any person feeling himself/herself aggrieved by any order or ruling of an inspector may, within 20 days thereafter, appeal from such order or ruling to the Zoning Board of Appeals, as established in the Zoning Code, such an appeal to be in writing.
Duties and authority. The Building Inspector shall have such responsibilities as are prescribed in this section and Chapter 235 of this Code.
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 if the stop-work order is an oral one it shall be followed by a written order within a reasonable period of time.
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.
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.
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.
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 election or appointment, take the oath of office prescribed by law and file such oath in the office of the Village Administrator-Clerk-Treasurer. Any person reelected or reappointed to the same office shall take and file an official oath for each term of service.
Form; procedure. The form, filing and general procedure for the taking of oaths shall be governed by Chapter 19, Subchapter I, Wis. Stats.
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.
How filled. Vacancies in elective and appointive offices shall be filled as provided in § 17.24, Wis. Stats.
Temporary incapacitation. If any officer is 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.
Village officers must observe the standards of care imposed by § 19.21, Wis. Stats., with respect to the care and custody of official property.