(1)
Village President. The Village President shall be elected at the
regular spring election in odd-numbered years for a term of two years,
commencing on the third Tuesday of April in the year of his election.
(2)
Trustees. There shall be six Village Trustees, three of whom shall
be elected at the regular spring election in odd-numbered years and
three in even-numbered years for two year terms, commencing on the
third Tuesday of April in the year of their election.
(3)
Municipal Judge. See sec. 21.04 of this Code.
The appointed officials of the Village shall be as follows:
Official
|
Appointed By
|
Term
| |
---|---|---|---|
(1)
|
Village Clerk-Treasurer [Ch. Ord. No. 25]
|
2/3 vote of the Village Board
|
Indefinite
|
(2)
|
Village Assessor
|
2/3 vote of the Village Board
|
Indefinite
|
(3)
|
Village Attorney
|
Village Board
|
Indefinite
|
(4)
|
Chief of Police
|
2/3 vote of the Village Board
|
Indefinite
|
(5)
|
Fire Chief
|
Elected by Fire Department members, pursuant to Fire District
rules
| |
(6)
|
Zoning Administrator
|
Village Board
|
Indefinite
|
(7)
|
[Repealed by Ord. No. 175]
| ||
(8)
|
Weed Commissioner
|
Village President
|
1 year
|
(9)
|
Emergency Management Director
|
See sec. 1.04 of this Code
| |
(10)
|
Building Inspector
[Added by Ord. No. 147] |
Village Board
|
Indefinite
|
(1)
Board of Review.
(a)
Membership. The Board of Review shall consist of the Village Board.
The Clerk-Treasurer shall serve as Clerk of the Board. The Village
Assessor shall attend all meetings of the Board of Review. Pursuant
to §§ 70.47(6m)(c) and 70.46(1), Wis. Stats., the Village
Board hereby provides for the appointment of alternates to serve on
the Board of Review in the event a standing Board member of the Board
of Review is removed or unable to serve for any reason.
[Amended by Ord. No. 178]
(b)
Powers and duties. The Board of Review shall have the powers and
duties prescribed in § 70.47, Wis. Stats.
(c)
Income and expense information, confidentiality.
1.
Pursuant to § 70.47(7)(af), Wis. Stats., income and expense
information provided by a property owner to the Assessor for the purposes
of establishing the valuation for assessment purposes by the income
method of valuation shall be confidential and not a public record
open to inspection or copying under § 19.35(1), Wis. Stats.
[Added by Ord. No. 179]
2.
Exceptions. An officer may make disclosure of such information under
the following circumstances:
a.
The Assessor has access to such information in the performance
of his duties.
b.
The Board of Review may review such information when needed,
in its opinion, to decide upon a contested assessment.
c.
Another person or body has the right to review such information
due to the intimate relationship to the duties of an office or as
set by law.
d.
The officer is complying with a court order.
e.
The person providing the income and expense information has
contested the assessment level at either the Board of Review or by
filing a claim for excessive assessment under § 74.37, Wis.
Stats., in which case the base records are open and public.
(2)
Plan Commission.
(a)
Membership. The Plan Commission shall consist of seven members. One
member shall be the Village President, who shall be the Chairperson.
One member shall be a Trustee, appointed by the Village President,
subject to confirmation by the Village Board, for a one-year term.
The other five members shall be citizens of recognized experience
and qualifications, appointed by the Village President, subject to
confirmation by the Village Board, for staggered three year terms.
(b)
Powers and duties. The Plan Commission shall have the powers and
duties prescribed in §§ 61.35 and 62.23, Wis. Stats.,
and such other powers and duties as shall be vested in the Commission,
from time to time, by the Village Board.
(3)
Board of Zoning Appeals.
(a)
Membership. The Board of Zoning Appeals shall consist of five members
appointed by the Village President, subject to confirmation by the
Village Board, for staggered terms of three years. One alternate member
shall be appointed by the Village President, subject to confirmation
by the Village Board, for a term of three years and shall act only
when a regular member is absent or refuses to vote because of interest.
(b)
Officers. The Village President shall designate the Chairperson of
the Board. The Clerk-Treasurer shall serve as Secretary to the Board.
(4)
Dresser Sewer Commission. The Village Board shall constitute the
Dresser Sewer Commission.
(5)
Dresser Water Commission. The Village Board shall constitute the
Dresser Water Commission.
(6)
Library Board.
[Amended by Ord. No. 174]
(a)
Membership. The Library Board shall consist of five members who shall
be appointed by the Village President, subject to confirmation by
the Village Board. One of such members shall be the St. Croix Falls
School District Administrator or his representative, one shall be
a Village Trustee and three shall be residents of the Village. All
members shall serve three year terms, such terms to be staggered from
July 1, except that the Village Trustee shall serve during his term
of office. If the Trustee leaves his elected position on the Village
Board during his term on the Library Board, his position on the Library
Board shall automatically terminate upon his leaving office and the
Village President shall appoint a replacement to fill the unexpired
term.
(b)
Powers and duties. The Library Board shall have the powers and duties
described in § 43.58, Wis. Stats. The Board shall consult
with the Village Board for the purpose of coordinating library personnel
policies with general Village personnel policies.
(7)
Police Review Committee.
(a)
Purpose. A Village Police Review Committee is hereby created pursuant
to § 61.65, Wis. Stats., to act in place of the Board of
Police and Fire Commissioners under § 62.13, Wis. Stats.
The Police Review Committee shall have the power to suspend, reduce,
suspend and reduce, or remove any Police Chief or any other police
officer who is not probationary, as herein provided.
(b)
Appointment. The Committee shall consist of three citizens who shall
be residents of the Village, two of whom shall constitute a quorum.
The Village Board shall appoint the initial Committee to staggered
three year terms and, thereafter, the Village Board shall annually,
in April, appoint one member for a term of three years. The Village
may pay each member for services rendered.
(c)
Disciplinary action against police officers.
1.
A nonprobationary police officer may be suspended as hereinafter
provided as a penalty. He may also be suspended by the Committee pending
the disposition of charges against him.
2.
Charges may be filed against a police officer by the Police Chief,
by a member of the Committee, by the Committee as a body, or by any
aggrieved person. Such charges shall be in writing and shall be filed
with the President of the Committee. Pending disposition of such charges,
the Committee or the Police Chief may suspend such police officer
without pay.
3.
A police officer may be suspended for cause by the Police Chief or
by the Committee as a penalty. The Chief shall file a report of such
suspension with the Committee immediately upon issuing the suspension.
No hearing on such suspension shall be held unless requested by the
suspended officer. If the officer suspended by the Chief requests
a hearing before the Committee, the Chief shall be required to file
charges with the Committee upon which such suspension was based.
4.
Following the filing of charges in any case, a copy thereof shall
be served upon the person charged. The Committee shall set a date
for hearing not less than 10 days nor more than 30 days following
service of charges. The hearing on the charges shall be public and
both the accused and the complainant may be represented by an attorney
and may compel the attendance of witnesses by subpoenas which shall
be issued by the President of the Committee on request and shall be
served as are subpoenas under Ch. 885, Wis. Stats.
5.
If the Committee determines that charges are not sustained, the accused,
if he has been suspended, shall be immediately reinstated and lost
pay restored. If the Committee determines that charges are sustained,
the accused, by order of the Committee, will be suspended or reduced
in rank or suspended and reduced in rank, or removed.
6.
Findings and determinations hereunder and orders of suspension, reduction,
suspension and reduction, or removal shall be in writing and, if they
follow a hearing, shall be filed within three days thereof with the
Secretary of the Committee.
7.
Further rules for the administration of this subsection may be made
by the Committee.
8.
Any person suspended, reduced, suspended and reduced or removed by
the Committee may appeal from the order of the Committee to the Circuit
Court by serving written notice thereof on the Secretary of the Committee
within 10 days after the order is filed. Within five days thereafter,
the Committee shall certify to the Clerk of Courts the record of the
proceedings, including all documents, testimony and minutes. The action
shall thereafter proceed in the manner as set forth in § 62.13(5)(i),
Wis. Stats. The trial shall be by the court and upon the return of
the Committee, except that the court may require further return or
the taking and return of further evidence by the Committee. The question
to be determined by the court shall be: Upon the evidence, was the
order of the Police Review Committee reasonable? No costs shall be
allowed either party and the Clerk-Treasurer's fees shall be paid
by the Village. If the order of the Committee is reversed, the accused
shall be forthwith reinstated and entitled to his pay as though in
continuous service. If the order of the Committee is sustained, it
shall be final and conclusive.
(d)
Disciplinary action against Police Chief. The provisions of par.
(c) shall apply to the demotion, suspension or removal of the Police
Chief. In addition thereto, the Committee may suspend the Chief pending
disposition of charges filed by the Committee or by the Village Board.
(8)
Administrative Review Appeals Board.
(1)
Declaration of policy.
(a)
To prepare the Village with an effective course of action to be utilized
in coping with emergencies resulting in any enemy action and natural
or man-made disasters, an Emergency Management Service Organization
is created to comply with the program of the State as set forth in
§ 166.01, Wis. Stats.
(b)
The Emergency Management Service Organization shall take action in
accordance with the Emergency Management Service plan only after the
declaration of an emergency and the issuance of official disaster
warnings. Such state of emergency shall continue until terminated
by the issuing authority, provided that any such declaration not issued
by the Governor may be terminated at the discretion of the Village
President or members of the emergency operating center.
(c)
It is further declared to be the purpose of this section and the
policy of the Village that all emergency management functions of the
Village be coordinated to the existing services and facilities of
the Village and with comparable functions of the Federal, State and
County governments and other political subdivisions, and of various
private agencies to the end that the most effective preparation and
use may be made of main power, resources and facilities for dealing
with any disasters that may occur.
(2)
Definitions. The definition of terms used in this section shall be
as set forth in § 166.02, Wis. Stats.
(3)
Head of Emergency Management Services. The Police Chief is hereby
appointed head of Emergency Management Services.
(4)
Declaration of disaster.
(a)
Whenever, in the judgment of the Village President, a natural disaster
or emergency exists, he may so declare and order that the Village
Hall or other designated facility shall become the emergency operations
center of the Village for coordinating the delivery of emergency services,
as set forth in the Village's emergency operations plan.
(c)
The Police Chief, as head of Emergency Management Services, shall
be the Chief executive officer of the emergency operations. He shall
issue such orders and directions to the other members and shall assist
them in delivering emergency services that may be able to provide
using the resources of the various departments and facilities under
their control.
(5)
Emergency Management Committee. The Emergency Management Committee
shall be the Public Safety Committee.
(6)
Duties of Emergency Management Committee. The Emergency Management
Committee shall be an advisory and planning group advising the Village
President and the Village Board on all matters pertaining to emergency
management.
(7)
Emergency Management Director.
(a)
Appointment. See sec. 1.02 of this chapter.
(b)
Duties and authority.
1.
Nonemergency period. The Director shall direct emergency management
training programs and exercises, coordinate all activities for emergency
management within the Village and maintain liaison and cooperate with
the County Emergency Management Director. The Director also shall
perform all administrative duties necessary for the rendering of reports
and procurement of Federal matching funds. The Emergency Management
Committee, under the Director's supervision, shall prepare a comprehensive
general plan for the emergency government of the Village and shall
present such plan to the Village Board for its approval, and shall
perform such other duties as may be assigned by the Village Board.
2.
Emergency period. The County Emergency Management Director shall
act as advisor or chief of staff to the Village President. In his
absence, the Director shall assume the Village President's emergency
duties and responsibilities.
(8)
Utilization of existing services and facilities, policy. In preparing
and executing the Emergency Management program, the services, equipment,
supplies and facilities of the existing departments and agencies of
the Village shall be utilized to the maximum extent practicable; and
the officer and personnel of all such departments and agencies are
directed to cooperate with and extend such services and facilities
as are requested of them.
(9)
Cooperation.
[Amended by Ord. No. 154]
(a)
The Village may cooperate pursuant to § 66.0301, Wis. Stats.,
to furnish services, combine offices and finance emergency management
services with other municipalities and the County upon appropriate
resolution of the Village Board.
(b)
The County Emergency Management Coordinator, appointed and employed
by Polk County, is hereby designated and appointed as Emergency Management
Coordinator for the Village, subject to the conditions and provisions
set forth in the Wisconsin Statutes, the Polk County Emergency Management
Program and any amendments thereto.
(10)
Succession to local offices. The Village Board, by resolution, may
provide for the continuity of government in the event of and throughout
the duration of a state of emergency resulting from emergency action
by providing a method by which temporary emergency appointments to
public office are made, except as limited by express constitutional
provisions. Such ordinance or resolution shall define the scope of
the powers and duties which may be exercised and shall provide for
the termination of appointments so made, pursuant to § 166.07,
Wis. Stats.
(11)
Emergency regulations. Whenever necessary to meet an emergency for
which adequate regulations have not been adopted by the Village Board,
the Village President may, by proclamation, promulgate and enforce
such orders, rules and regulations relating to the conduct of persons
and the use of property as shall be necessary to protect the public
peace, health and safety. Any such emergency order, rules and regulations
shall expire within 48 hours of the issuance of the same unless extended
by the Village Board, in accordance with § 166.23, Wis.
Stats.
(12)
State law adopted by reference. Chapter 166, Wis. Stats., is hereby
adopted by reference.
(13)
Penalty. It shall be unlawful for any person willfully to obstruct,
hinder or delay any member of the Emergency Management organization
in the enforcement of any order, rule, regulation or plan issued pursuant
to this section or to do any act forbidden by any order, rule, regulation
or plan issued pursuant to the authority Contained in this section.
For a violation of any of the provisions of this section, he shall
forfeit not more than $200.
[1]
Editor's Note: Former Sec. 1.05 was repealed by Ord. No. 201.
(1)
Clerk-Treasurer's election duties. As provided in § 7.15,
Wis. Stats., the Clerk-Treasurer shall have charge of and supervise
all elections held in the Village.
(2)
Election officials.
(a)
Appointment. Election officials shall be appointed pursuant to § 7.30,
Wis. Stats.
(b)
Number. Except as provided in par. (c) below, there shall be seven
inspectors for each election.
(c)
Reduction of number. Pursuant to § 7.32, Wis. Stats., the
Clerk-Treasurer may reduce the number of election inspectors for any
given election to not less than 3.
(3)
Nomination of elected Village officials. All candidates for elective
Village office shall file nomination papers pursuant to § 8.05(4)(b),
Wis. Stats., and shall be nominated as provided in § 8.05(4)(a),
Wis. Stats.
(4)
Polling hours. The polls of the Village shall open at 7:00 a.m. and
close at 8:00 p.m. for all elections, pursuant to § 6.78(1m),
Wis. Stats.
[Amended by Ord. No. 185; Ord. No. 216]
(5)
Polling place. The polling place for the Village shall be the Dresser
Community Hall, 115 West Main Street.
[Amended 7-6-2020 by Ord. No. 255-2020]
(1)
Definitions. As used in this subchapter:
(a)
AUTHORITY — Means any Village entity having custody of a Village
record including an office, elected official, agency, board, commission,
committee, council, department or public body corporate and politic
created by constitution, law, ordinance, rule or order; or a formally
constituted subunit of the foregoing.
(b)
CUSTODIAN — Means that officer, department head, division head
or employee of the Village designated under sub. (3) below or otherwise
responsible by law to keep and preserve any Village records or file,
deposit or keep such records in his office, or is lawfully in possession
or entitled to possession of such public records and who is required
by this section to respond to requests for access to such records.
(c)
RECORD — Means any material on which written, drawn, printed,
spoken, visual or electromagnetic information is recorded or preserved,
regardless of physical form or characteristics, which has been created
or is being kept by an authority. "Record" includes, but is not limited
to, handwritten, typed or printed pages, maps, charts, photographs,
films, recordings, tapes (including computer tapes), and computer
printouts. "Record" does not include drafts, notes, preliminary computations
and like materials prepared for the originator's personal use or prepared
by the originator in the name of a person for whom the originator
is working; materials which are purely the personal property of the
custodian and have no relation to his office; materials to which access
is limited by copyright, patent or bequest; and published materials
in the possession of an authority other than a public library which
are available for sale, or which are available for inspection at a
public library.
(2)
Duty to maintain records.
(a)
Except as provided under sub. (8) below, each officer and employee
of the Village shall safely keep and preserve all records received
from his predecessor or other persons and required by law to be filed,
deposited or kept in his office or which are in the lawful possession
or control of the officer or employee or his deputies, or to the possession
or control of which he may be lawfully entitled as such officer or
employee.
(b)
Upon the expiration of an officer's term of office or an employee's
term of employment, or whenever the office or position of employment
becomes vacant, each such officer or employee shall deliver to his
successor all records then in his custody and the successor shall
receipt therefor to the officer or employee, who shall file said receipt
with the Clerk-Treasurer. If a vacancy occurs before a successor is
selected or qualifies, such records shall be delivered to and receipted
for by the Clerk-Treasurer, on behalf of the successor, to be delivered
to such successor upon the latter's receipt.
(3)
Legal custodians.
(a)
Each elected official is the legal custodian of his records and the
records of his office, but the official may designate an employee
of his staff to act as the legal custodian.
(b)
Unless otherwise prohibited by law, the Clerk-Treasurer shall act
as legal custodian for the Village Board and for any committees, commissions,
boards or other authorities created by ordinance or resolution of
the Village Board. This shall not include the Police and Fire Departments
whose custodians shall be the Police Chief and the Fire Chief, respectively.
(c)
For every authority not specified in pars. (a) or (b) above, the
authority's chief administrative officer is the legal custodian for
the authority, but the officer may designate an employee of his staff
to act as the legal custodian.
(d)
Each legal custodian shall name a person to act as legal custodian
in his absence or the absence of his designee. This subsection shall
not apply to the Village Board.
(4)
Procedural information. Pursuant to § 19.34, Wis. Stats.,
and the guidelines therein listed, each authority shall adopt, prominently
display and make available for inspection and copying at its offices,
for the guidance of the public, a notice containing a description
of its organization and the established times and places at which
the legal custodian from whom and the methods whereby, the public
may obtain information and access to records in its custody, make
requests for records, or obtain copies of records, and the costs thereof.
Each authority shall also prominently display at its offices, for
the guidance of the public, a copy of this section. This subsection
does not apply to members of the Village Board.
(5)
Public access to records; fees.
(a)
Except as provided in sub. (7) below, any person has a right to inspect
a record and to make or receive a copy of any record as provided in
§ 19.35(1), Wis. Stats.
(b)
Records shall be available for inspection and copying during all
regular office hours.
(c)
If regular office hours are not maintained at the location where
records are kept, the records shall be available for inspection and
copying upon at least 48 hours' advance notice of intent to inspect
or copy.
(d)
A requester shall be permitted to use facilities comparable to those
available to Village employees to inspect, copy or abstract a record.
This subsection does not authorize or require the purchase or lease
of equipment nor does it require the provision of a separate room
for inspection, copying or abstracting of records.
(e)
The authority may require supervision during inspection or may impose
other reasonable restrictions on the manner of access to an original
record if the record is irreplaceable or easily damaged.
(f)
A requester shall be charged a fee to defray the cost of locating
and copying records as follows:
1.
A cost per page of photocopying, as determined by the Clerk-Treasurer,
shall be charged. Said cost shall not exceed the actual, necessary
and direct costs to the authority of reproduction, and such charges
shall be prominently displayed and made available for inspection by
the authority at his office.
2.
If the form of a written record does not permit copying, the actual
and necessary cost of photographing and photographic processing shall
be charged.
3.
The actual full cost of providing a copy of other records not in
printed form on paper such as films, computer printouts and audio
or video tapes shall be charged.
4.
If mailing or shipping is necessary, the actual cost thereof shall
also be charged.
5.
There shall be no charge for locating a record unless the actual
cost therefor exceeds $50, in which case the actual cost shall be
determined by the authority and billed to the requester.
6.
The authority shall estimate the cost of all applicable fees and
may require a cash deposit adequate to assure payment if such estimate
exceeds $5.
7.
The authority may provide copies of a record without charge or at
a reduced charge where he determines that waiver or reduction of the
fee is in the public interest.
8.
Elected and appointed officials of the Village shall not be required
to pay for public records they may reasonably require for the proper
performance of their official duties.
(6)
Access procedures.
(a)
A request to inspect or copy a record shall be made to the authority.
A request shall be deemed sufficient if it reasonably describes the
requested record or the information requested. However, a request
for a record without a reasonable limitation as to subject matter
or length of time represented by the record does not constitute a
sufficient request. A request may be made orally, but a request must
be in writing before an action to enforce the request is commenced
under § 19.37, Wis. Stats. Except as provided below, no
request may be refused because the person making the request is unwilling
to be identified or to state the purpose of the request. No request
may be refused because the request is received by mail unless prepayment
of a fee is required under sub. (5)(f)6. above. A requester may be
required to show acceptable identification whenever the requested
record is kept at a private residence or whenever security reasons
or Federal law or regulations so require.
(b)
Each custodian, upon request for any record, shall, as soon as practicable
and without delay, either fill the request or notify the requester
of the authority's determination to deny the request in whole or in
part and the reasons therefor. When the legal custodian has doubts
as to whether the requested records are exempt from disclosure, in
whole or in part, he shall have three working days to confer with
the Village Attorney prior to making a determination. If the legal
custodian, after conferring with the Village Attorney, determines
that a written request is so general as to be unduly time consuming,
the party making the request may first be required to itemize his
request in a manner which would permit reasonable compliance.
(c)
A request for a record may be denied as provided in sub. (7) below.
If a request is made orally, the request may be denied orally unless
a demand for a written statement of the reasons denying the request
is made by the requester within five business days of the oral denial.
If a written request is denied in whole or in part, the requester
shall receive a written statement of the reasons for denying the request.
Every written denial of a request shall inform the requester that
if the request for the record was made in writing, then the determination
is subject to review upon petition for a writ of mandamus under § 19.37(1),
Wis. Stats., or upon application to the Attorney General or a district
attorney.
(7)
Limitations on right to access.
(a)
As provided by § 19.36, Wis. Stats., the following records
are exempt from inspection under this section:
1.
Records specifically exempted from disclosure by state or Federal
law or authorized to be exempted from disclosure by State law.
2.
Any record relating to investigative information obtained for law
enforcement purposes if Federal law or regulations require exemption
from disclosure or if exemption from disclosure is a condition to
receipt of aids by the State.
3.
Computer programs, although the material used as input for a computer
program or the material produced as a product of the computer program
is subject to inspection.
4.
A record or any portion of a record containing information qualifying
as a common law trade secret.
(b)
As provided by § 43.30, Wis. Stats., public library circulation
records are exempt from inspection under this section.
(c)
In responding to a request for inspection or copying of a record
which is not specifically exempt from disclosure, the legal custodian,
after conferring with the Village Attorney, may deny the request,
in whole or in part, only if he determines that the harm to the public
interest resulting from disclosure would outweigh the public interest
in full access to the requested record. Examples of matters for which
disclosure may be refused include, but are not limited to, the following:
1.
Records obtained under official pledges of confidentiality which
were necessary and given in order to obtain the information contained
in them.
2.
Records of current deliberations after a quasijudicial hearing.
3.
Records of current deliberations concerning employment, dismissal,
promotion, demotion, compensation, performance or discipline of any
Village officer or employee, or the investigation of charges against
a Village officer or employee, unless such officer or employee consents
to such disclosure.
4.
Records concerning current strategy for crime detection or prevention.
5.
Records of current deliberations or negotiations on the purchase
of Village property, investing of Village funds or other Village business
whenever competitive or bargaining reasons require nondisclosure.
6.
Financial, medical, social or personal histories or disciplinary
data of specific persons which, if disclosed, would be likely to have
a substantial adverse effect upon the reputation of any person referred
to in such history or data.
7.
Communications between legal counsel for the Village and any officer,
agent or employee of the Village when advice is being rendered concerning
strategy with respect to current litigation in which the Village or
any of its officers, agents or employees is, or is likely, to become
involved, or communications which are privileged under § 905.03,
Wis. Stats.
(d)
If a record contains information that may be made public and information
that may not be made public, the custodian of the record shall provide
the information that may be made public and delete the information
that may not be made public from the record before release. The custodian
shall confer with the Village Attorney prior to releasing any such
record and shall follow the guidance of the Village Attorney when
separating out the exempt material. If, in the judgment of the custodian
and the Village Attorney, there is no feasible way to separate the
exempt material from the nonexempt material without unreasonably jeopardizing
nondisclosure of the exempt material, the entire record shall be withheld
from disclosure.
(8)
Destruction of public records.
(a)
Financial records. Village officers may destroy the following nonutility
records of which they are the legal custodian and which are considered
obsolete after completion of an audit by State auditors or an auditor
licensed under Ch. 442, Wis. Stats., but not less than seven years
after payment or receipt of any sum involved in the particular transaction
unless a shorter period has been fixed or will, in the future, be
fixed by the committee on public records, pursuant to § 16.61(3)(e),
Wis. Stats., and then after such shorter period:
1.
Bank statements, deposit books, slips and stubs.
2.
Bonds and coupons after maturity.
3.
Cancelled checks, duplicates and check stubs.
4.
License and permit applications, stubs and duplicates.
5.
Payrolls and other time and employment records of personnel included
under the Wisconsin Retirement Fund.
6.
Receipt forms.
7.
Special assessment records.
8.
Vouchers, requisitions, purchase orders and all other supporting
documents pertaining thereto.
(b)
Utility records. Village officers may destroy the following utility
records of which they are the legal custodians and which are considered
obsolete after completion of any required audit by the Bureau of Municipal
Audit or an auditor licensed under Ch. 442, Wis. Stats., subject to
State Public Service Commission regulations, but not less than seven
years after the record was effective unless a shorter period has been
fixed by the State Public Records Board pursuant to § 16.61(3)(e),
Wis. Stats., and then after such a shorter period, except that water
stubs, receipts of current billings and customers' ledgers may be
destroyed after two years:
(c)
Other records. Any Village officer may destroy the following records
of which he is the legal custodian and which are considered obsolete,
but not less than seven years after the record was effective, unless
another period has been set by Statute, or by the State Public Records
Board pursuant to § 16.61(3)(e), Wis. Stats., and then after
such a shorter period:
1.
Assessment rolls and related records, including Board of Review minutes.
2.
Contracts and papers relating thereto.
3.
Correspondence and communications.
4.
Financial reports other than annual financial reports.
5.
Insurance policies.
6.
Oaths of office.
7.
Reports of boards, commissions, committees and officials duplicated
in the Village Board minutes.
8.
Resolutions and petitions.
9.
Voter record cards.
(d)
Notice required. Unless notice is waived by the State Historical
Society, at least 60 days' notice shall be given the State Historical
Society prior to the destruction of any record as provided in § 19.21(4)(a),
Wis. Stats.
(e)
Tape recordings. Any tape recording of a governmental meeting of
the Village may be destroyed, erased or reused no sooner than 90 days
after the minutes of the meeting have been approved and published
if the purpose of the recording was to make minutes of the meeting.
(f)
Limitation. This section shall not be construed to authorize the
destruction of any public record after a period less than prescribed
by statute or State administrative regulations.
(g)
Preservation through microfilm. Any Village officer or the head of
any department or division of Village government may keep and preserve
public records in his possession by means of microfilm or other photographic
reproduction method. Such records shall meet the standards for photographic
reproduction set forth in § 16.61(7)(a) and (b), Wis. Stats.,
and shall be considered original records for all purposes. Such records
shall be preserved along with other files of the department or division
and shall be open to public inspection and copying according to the
provisions of State law and this Code.
[Added by Ord. No. 128]
(1)
Declaration of policy. The proper operation of democratic government
requires that public officials and employees be independent, impartial
and responsible to the people; that public office not be used for
personal gain; and that the public have confidence in the integrity
of its government. In recognition of these goals, there is hereby
established a Code of Ethics for all Village officials and employees,
whether elected or appointed, paid or unpaid, including members of
boards, committees and commissions of the Village. This code contains
guidelines for ethical standards of conduct for all such officials
and employees. It sets forth those acts or actions that are incompatible
with the best interests of the Village and directs disclosure by such
officials and employees of private, financial or other interests in
matters affecting the Village. Village officials and employees are
agents of the public and hold office for the benefit of the public.
They are bound to uphold the Constitution and laws of the United State
and the State of Wisconsin. They must faithfully discharge the duties
of their office regardless of personal gain. Their conduct in official
matters must be above reproach and avoid even the appearance of conflict
or impropriety.
(2)
Disclosure of economic interests.
(a)
Definitions. The terms used in this section shall be defined as follows:
1.
APPOINTED OFFICIAL — Any officer of the Village appointed pursuant
to the authority set forth in § 61.197, Wis. Stats., and
any appointed member of a board, commission or committee.
2.
BUSINESS — A corporation, partnership, proprietorship, franchise,
association, organization, self-employed individual or any legal entity
engaged in profit-making activities.
3.
CANDIDATE FOR ELECTIVE OFFICE — Any individual who is required
to file nomination papers and register with the Village Clerk as a
candidate for elective office pursuant to § 8.10, Wis. Stats.
4.
DECLARATION OF ECONOMIC INTEREST — The statement prescribed
by and filed with the Village Ethics Board pursuant to the provisions
of this section.
5.
ECONOMIC INTEREST — Any of the economic interests defined in
§ 19.44, Wis. Stats.
6.
ELECTED OFFICIAL — Any official of the Village serving in an
elective office established pursuant to or under the authority of
§ 61.19 or § 61.197, Wis. Stats.
7.
EMPLOYEE — Any individual who is employed by the Village and
receives a salary or wages for work performed on either a part time
or full time basis. The term shall apply to all individuals classified
as temporary, probationary or permanent employees of the Village.
8.
IMMEDIATE FAMILY — The parent, step parent, brother, sister,
stepbrother, stepsister, grandparent, parent-in-law, spouse, child,
stepchild, son-in-law, daughter-in-law or first cousin of an appointed
or elected official.
(b)
Financial disclosure required.
1.
Candidates for elective Village office shall file a Declaration of
Economic Interest with the Village Ethics Board within five days after
registration with the Village Clerk as a candidate for elective office.
The Village Clerk shall omit from the election ballot the name of
any registered candidate who fails to disclose his or her economic
interest as required by this section.
2.
Individuals elected to Village office as write-in candidates shall
file a Declaration of Economic Interest within five days after the
date of their election. The Village Clerk shall not issue a notice
of election pursuant to § 61.21, Wis. Stats., to a write-in
candidate who fails to disclose his or her economic interest as required
by this section.
3.
Appointed officials of the Village shall file a Declaration of Economic
Interest with the Village Ethics Board within five days after the
day of which they accept, in writing, an offer of appointment tendered
by the Village Board.
4.
No individual required to file a Declaration of Economic Interest
may receive any compensation, either in the form of salary or expenses,
until such declaration is filed.
5.
Each individual required to file a Declaration of Economic Interest
shall file an updated declaration not later than June 30 of each year.
(c)
Content of financial disclosure form. Each individual required to
file a Declaration of Economic Interest shall do so by completing
the form prescribed for this purpose by the Village Ethics Board;
the form shall contain the following information:
1.
The name, mailing address and Village office the individual seeks
or has been elected or appointed to fill.
2.
The name and mailing address of all employers and positions of employment
held as of the date the declaration is filed.
3.
Identification of all economic interests specified in § 19.44,
Wis. Stats., selected by the Village Ethics Board for inclusion on
the Declaration of Economic Interest in which the individual or a
member of the individual's immediate family has a direct or indirect
interest.
[Amended by Ord. No. 132]
4.
The address and description of any non-owner occupied real estate
within the jurisdiction of the Village in which the individual or
a member of the individual's immediate family has a direct or indirect
interest.
(3)
Ethics Board. There is created a Village of Dresser Ethics Board,
the members of which shall be appointed by the Village Board who shall
serve without compensation.
(a)
Membership. The membership shall consist of three citizen members,
one member of the Village Board and one Village employee. The Ethics
Board shall elect its own President, Vice President and Secretary.
(b)
Terms of office. Terms of office for members of the Ethics Board
shall be three years, except that when the initial appointments are
made following the Board's creation, two of the members shall be appointed
for three years, two members for two years, and one member for one
year. The term of a member of the Village Board appointed to the Ethics
Board shall expire with the member's term as a member of the Village
Board and the term of a Board member representing Village employees
shall expire with the member's termination of employment as a Village
employee.
(c)
Rule making authority. The Ethics Board shall develop and adopt reasonable
rules of procedure.
(d)
Responsibilities and duties. The Ethics Board shall:
(e)
Powers. The Ethics Board shall have the authority to:
1.
Issue advisory opinions regarding the propriety of any matter to
which an individual subject to this section is or may become a party.
An advisory opinion may be requested by the individual or, in the
case of an individual under consideration for appointment as a Village
official or employee, by the appointing officer or authority with
the consent of the prospective appointee. Village officials and employees
shall be afforded an opportunity to appear before the Board and present
facts at issue in the interpretation and administration of the Code
of Ethics established by provisions in this section before an advisory
opinion is issued.
2.
Issue subpoenas, administer oaths and investigate any violation of
this section on its own motion or upon sworn, verified, written complaint
by any person.
3.
Upon sworn, verified, written complaint of any person alleging facts
which, if true, would constitute improper conduct under the provisions
of this section conduct a public hearing in accordance with all common
law requirements of due process and, in written findings of fact and
conclusions based thereon, make a determination concerning the propriety
of the conduct of the subject official or employee complained of and
refer the matter to the Village Board for such other appropriate action
on its recommendation as the Ethics Board shall deem necessary.
4.
Develop and make recommendations to the Village Board with respect
to amendments to this section.
(4)
Requesting advisory opinions. The Ethics Board or any appointing
officer or authority acting with the consent of a prospective appointee
may request the Village Attorney or the County corporation counsel
to issue an advisory opinion regarding the propriety of any matter
to which a Village official, employee or prospective appointee is
or may become a party. Such action will be taken pursuant to § 19.59(5),
Wis. Stats.
(5)
Forms of prohibited conduct.
(a)
Bribery and official misconduct. Sections 946.10 to 946.17, Wis.
Stats., prohibit certain forms of conduct on the part of all public
officials and employees and provide for the imposition of criminal
penalties upon conviction for engaging in prohibited forms of conduct.
Each Village official and employee shall be provided with a copy of
these statutes by the Village Clerk upon taking office or entering
employment.
(b)
Gifts and favors. No official or employee shall accept any gift or
favor, whether an article of value, loan, service or promise, from
any individual, business or group which has either a direct or indirect
interest in a matter pending before the Village Board, or any commission,
committee or agency of the Village Board. Nor shall any official or
employee accept any gift or favor that may tend to influence the discharge
of their responsibilities or duties.
(c)
Representing private interest. No official or employee whose salary
is paid in whole or in part by the Village shall appear in behalf
of private interest before any board, commission, committee or agency
of the Village or in any litigation to which the Village is a party,
except when subpoenaed as a witness by a party involved in such litigation.
A member of the Village Board may appear before a board, commission,
committee or agency in behalf of constituents providing no compensation
is paid or gratuity provided to that member contingent upon a specific
outcome in a matter of interest to a constituent.
(d)
Disclosure of interest in contracts with the Village. Any official
or employee having a substantial or controlling financial interest
in any business entity seeking or securing a contract with the Village,
or in the sale of real estate, vehicles, equipment, supplies, materials
or services to the Village, shall make such interest known in writing
to the Ethics Board. The Ethics Board must make this information known
to the Village Board and/or Village agencies affected. A member of
the Village Board with such an interest shall ask to be excused from
voting on or otherwise participating in the matter while it is before
the Village Board or one of its committees.
(e)
Disclosure of interests in legislation. A member of the Village Board
who has a financial or other private interest in any legislative matter
introduced for consideration before the Village Board shall disclose
such interest to the presiding officer and members of the Village
Board at the time the matter is introduced for consideration before
the Village Board and shall ask to be excused from voting on or otherwise
participating in the matter while it is before the Village Board or
one of its committees.
(f)
Use of public property. No official or employee shall request or
permit the use of Village-owned buildings, facilities, vehicles, equipment,
materials or other Village property for personal convenience or profit,
except when such services are available to the public generally and
except where otherwise authorized by action of the Village Board.
(g)
Use of information. No official or employee shall make use of or
permit others to make use of, for the purpose of furthering a private
interest, information not made available to the public.
(h)
Political activity. No employee shall, during the hours in which
they are performing responsibilities and duties as a Village employee,
engage in any activity calculated to benefit a political party, partisan
or nonpartisan organization, campaign committee or candidate seeking
to influence the outcome of an election or referendum.
(i)
Outside employment. No employee shall engage in any outside employment
which might result in a conflict, or the appearance of conflict, between
the private interests of the employee and the employee's duties and
responsibilities as a Village employee.
(6)
Sanctions. Violation of this code may constitute a cause for removal
from office, termination of employment, suspension, censure, reprimand
or other appropriate disciplinary action. As an alternative or in
addition to sanctions imposed herein, any individual violating the
code shall be subject to a nonreimbursable forfeiture of not less
than $100 nor more than $1,000, as determined by the Ethics Board.
(7)
Employee protection. No appointing authority, agent of an appointing
authority or Trustee may initiate or administer, or threaten to initiate
or administer, any retaliatory action against a Village employee following
an employee's disclosure of information related to the violation of
any Federal or State law, Village ordinance, rule or regulation, the
mismanagement or abuse of authority, a substantial waste of public
funds or a danger to public health and safety. Nothing in this section
restricts the right of the Village as an employer to take appropriate
disciplinary action against an employee who knowingly makes an untrue
statement or discloses information, the disclosure of which is specifically
prohibited by Federal or State law, rule or regulation.
(8)
Application. Elected officials and appointed officials for definite
terms shall be exempt from the provisions of this section for the
terms they are serving at the effective date of this section, but
shall be so subject to any subsequent term. Any such elected or appointed
official shall be entitled to said exemption only upon written notice
claiming the exemption and filed with the Village Clerk within 60
days of the effective date of this section.
(9)
Severability. The provisions of this section shall be severable and
if any of the provisions shall be held in contravention of the Constitution
and laws of the United States or the State of Wisconsin, the validity
of the rest of this section shall not be affected. It is declared
to be the intent of this section that the same would have been adopted
had such unconstitutional or unlawful provision, if any, not been
included.