Village of Dresser, WI General Government

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.

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.

Municipal Judge. See sec. 21.04 of this Code.

1.02 Appointed officials.

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(7)	[Repealed by Ord.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

1.03 Boards and Commissions.

Board of Review.

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]

Powers and duties. The Board of Review shall have the powers and duties prescribed in § 70.47, Wis. Stats.

Income and expense information, confidentiality.

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]

Exceptions. An officer may make disclosure of such information under the following circumstances:

The Assessor has access to such information in the performance of his duties.

The Board of Review may review such information when needed, in its opinion, to decide upon a contested assessment.

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.

The officer is complying with a court order.

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.

Plan Commission.

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.

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.

Board of Zoning Appeals.

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.

Officers. The Village President shall designate the Chairperson of the Board. The Clerk-Treasurer shall serve as Secretary to the Board.

Powers and duties. The Board shall have the powers and duties prescribed in § 62.23(7)(e), Wis. Stats. See also ch. 17 of this Code.

Dresser Sewer Commission. The Village Board shall constitute the Dresser Sewer Commission.

Dresser Water Commission. The Village Board shall constitute the Dresser Water Commission.

Library Board.

[Amended by Ord. No. 174]

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.

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.

Police Review Committee.

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.

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.

Disciplinary action against police officers.

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.

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.

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.

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.

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.

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.

Further rules for the administration of this subsection may be made by the Committee.

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.

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.

Administrative Review Appeals Board.

Membership. The Administrative Review Appeals Board shall consist of the Village President and two citizen members. The citizen members shall be appointed by the Village President, subject to confirmation by the Village Board, for three year terms.

Powers and duties. See ch. 6 of this Code.

1.04 Emergency management.

Declaration of policy.

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.

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.

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.

Definitions. The definition of terms used in this section shall be as set forth in § 166.02, Wis. Stats.

Head of Emergency Management Services. The Police Chief is hereby appointed head of Emergency Management Services.

Declaration of disaster.

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.

The disaster operations chain of command shall consist of the following:

The Village President.

The Emergency Management Director.

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.

Emergency Management Committee. The Emergency Management Committee shall be the Public Safety Committee.

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.

Emergency Management Director.

Appointment. See sec. 1.02 of this chapter.

Duties and authority.

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.

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.

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]

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.

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.

1.05 (Reserved) [1]

[1]

Editor's Note: Former Sec. 1.05 was repealed by Ord. No. 201.

1.06 Elections.

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.

Election officials.

Appointment. Election officials shall be appointed pursuant to § 7.30, Wis. Stats.

Number. Except as provided in par. (c) below, there shall be seven inspectors for each election.

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.

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.

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]

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]

1.07 Public records.

Definitions. As used in this subchapter:

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.

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.

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.

Duty to maintain records.

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.

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.

Legal custodians.

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.

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.

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.

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.

The legal custodian shall have full legal power to render decisions and to carry out the duties of an authority under Ch. 19, Subch. II, Wis. Stats., and this section. The designation of a legal custodian does not affect the powers and duties of an authority under this section.

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.

Public access to records; fees.

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.

Records shall be available for inspection and copying during all regular office hours.

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.

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.

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:

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.

If the form of a written record does not permit copying, the actual and necessary cost of photographing and photographic processing shall be charged.

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.

If mailing or shipping is necessary, the actual cost thereof shall also be charged.

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.

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.

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.

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.

Access procedures.

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.

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.

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.

Limitations on right to access.

As provided by § 19.36, Wis. Stats., the following records are exempt from inspection under this section:

Records specifically exempted from disclosure by state or Federal law or authorized to be exempted from disclosure by State law.

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.

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.

A record or any portion of a record containing information qualifying as a common law trade secret.

As provided by § 43.30, Wis. Stats., public library circulation records are exempt from inspection under this section.

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:

Records obtained under official pledges of confidentiality which were necessary and given in order to obtain the information contained in them.

Records of current deliberations after a quasijudicial hearing.

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.

Records concerning current strategy for crime detection or prevention.

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.

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.

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.

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.

Destruction of public records.

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:

Bank statements, deposit books, slips and stubs.

Bonds and coupons after maturity.

Cancelled checks, duplicates and check stubs.

License and permit applications, stubs and duplicates.

Payrolls and other time and employment records of personnel included under the Wisconsin Retirement Fund.

Receipt forms.

Special assessment records.

Vouchers, requisitions, purchase orders and all other supporting documents pertaining thereto.

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:

Water and sewer stubs and receipts of current billings.

Customers' ledgers.

Vouchers and supporting documents pertaining to charges not included in plant accounts.

Other utility records after seven years with the written approval of the State Public Service Commission.

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:

Assessment rolls and related records, including Board of Review minutes.

Contracts and papers relating thereto.

Correspondence and communications.

Financial reports other than annual financial reports.

Insurance policies.

Oaths of office.

Reports of boards, commissions, committees and officials duplicated in the Village Board minutes.

Resolutions and petitions.

Voter record cards.

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.

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.

1.08 Code of Ethics.

[Added by Ord. No. 128]

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.

Disclosure of economic interests.

Definitions. The terms used in this section shall be defined as follows:

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.

BUSINESS — A corporation, partnership, proprietorship, franchise, association, organization, self-employed individual or any legal entity engaged in profit-making activities.

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.

DECLARATION OF ECONOMIC INTEREST — The statement prescribed by and filed with the Village Ethics Board pursuant to the provisions of this section.

ECONOMIC INTEREST — Any of the economic interests defined in § 19.44, Wis. Stats.

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.

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.

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.

Financial disclosure required.

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.

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.

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.

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.

Each individual required to file a Declaration of Economic Interest shall file an updated declaration not later than June 30 of each year.

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:

The name, mailing address and Village office the individual seeks or has been elected or appointed to fill.

The name and mailing address of all employers and positions of employment held as of the date the declaration is filed.

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]

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.

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.

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.

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.

Rule making authority. The Ethics Board shall develop and adopt reasonable rules of procedure.

Responsibilities and duties. The Ethics Board shall:

Administer and enforce the provisions of this section.

Make Declaration of Economic Interest filed with the Board available for public inspection and copying during the normal Village office hours and compile an index of all statements on file with the Board to facilitate public access.

Powers. The Ethics Board shall have the authority to:

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.

Issue subpoenas, administer oaths and investigate any violation of this section on its own motion or upon sworn, verified, written complaint by any person.

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.

Develop and make recommendations to the Village Board with respect to amendments to this section.

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.

Forms of prohibited conduct.

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.

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.

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.

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.

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.

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.

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.