Town of Lowell, WI Officers and Employees

Only an elector of the Town may hold a Town office, other than an Assessor appointed under § 60.307, Wis. Stats., if the Town elects to change the office of Assessor to an appointed position.

No person may hold the offices of Town Treasurer and Town Assessor at the same time. No person may assume the office of Town Assessor unless certified by the Wisconsin Department of Revenue, under § 73.09, Wis. Stats., as qualified to perform the functions of the office of Town Assessor. If the Town reverts to a system of electing instead of appointing the Assessor and a person is elected to the office and is not certified by June 1 of the year elected, the office is vacant and the Town Board shall fill the vacancy from a list of persons certified by the Wisconsin Department of Revenue.

Notice of election. Within five days after completion of the canvass under § 7.53, Wis. Stats., the Town Clerk shall transmit a notice of election to each person elected to a Town office.

Term of office.

Every elected Town officer shall hold the office for two years.

The regular term of elected Town officers, other than the Town Assessor, if elected, commenced on the third Tuesday of April in the year of their election.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Appointed officials. The following Town officials shall be appointed in the manner and for the term indicated:

Official	How Appointed	Term
Assessor	Town Board	Indefinite
Attorney	Town Board	Indefinite
Weed Commissioner	Town Board	1 year

§ 69-2 Temporary vacancies.

If any elected Town officer, other than a Supervisor, is absent or temporarily incapacitated for any cause, the Town Board may appoint, if there is no deputy officer for the office, a suitable person to discharge the duties of the office until the officer returns or the disability is removed. Appointees shall file the official oath and bond required under § 60.31, Wis. Stats.

Vacancies on the Town Board shall be filled by appointment by the remaining Supervisors and the Town Clerk, except when the vacancy is caused by removal by the Circuit Judge as provided by law, which latter vacancy shall be filled by appointment by the said Judge. Persons appointed under this subsection to fill vacancies shall hold office for the residue of the unexpired term.

If any elected Town officer, other than a Supervisor, refuses to perform any official duty, the Town Board may appoint a suitable person to perform those duties which the officer refuses to perform. An appointee shall file the official oath and bond required of the office under § 60.31, Wis. Stats. This subsection does not preclude a finding that refusal to perform official duties constitutes cause under § 17.13(3), Wis. Stats.

§ 69-3 Official oath and bond.

Official oath. Except as provided in Subsection C, every elected or appointed Town officer shall take and file the oath under § 19.01, Wis. Stats., within five days after notification of election or appointment.

Official bond. The Town Clerk, Town Treasurer and elected Assessor, if applicable, shall execute and file an official bond provided by the Town. No natural person may be a surety on a bond under this subsection. The bond may be furnished by a surety company under § 632.17(2), Wis. Stats. The amount of the bond shall be fixed by the Town Board. If the amount of the bond is not fixed by the Board, the amount shall be the same as that required of the last incumbent of the office. If the Town Board at any time determines that the bond is insufficient, it may require an additional bond to be filed within 10 days in an amount fixed by the Board. If the Town Board establishes Deputy Clerk or Treasurer positions, such persons shall be bonded.

Exceptions. If the Town reverts to a system of electing an Assessor and/or creates a Municipal Court:

An elected Assessor shall take and file the official oath and bond at any time between May 27 to May 31.

The Municipal Judges shall take and file the official oath and bond under § 755.03, Wis. Stats.

Failure to file oath or bond. If any person elected or appointed to a Town office fails to file a required official oath or bond within the time prescribed by law, the failure to file constitutes refusal to serve in office.

§ 69-4 Compensation of elective Town offices.

Established by Town Meeting or Board.

Except as provided under Subsection A(2) below, the Town Meeting shall establish the compensation of elective Town offices.

If authorized by the Town Meeting under § 60.10(2)(k), Wis. Stats., the Town Board shall establish the compensation of elective Town offices, other than the office of Supervisor or Chairperson.

Nature of compensation. Compensation under this section may be:

An annual salary.

A per diem compensation for each meeting necessarily devoted to the service of the Town and the discharge of duties. Board members or Town officials shall be the Town's authorized representative at a meeting or be attending an authorized convention/training session to be eligible for per diem compensation.

A combination of the above.

Changes during term. Subject to Subsection D, the Town Meeting or, if authorized to establish compensation, the Town Board may make a change in the compensation of an elective Town office to take effect during the term of office.

When established. Compensation under this section shall be established prior to the latest date and time for filing nomination papers for the office. After that date and time, no change may be made in the compensation of the office that applies to the current term of office.

§ 69-5 Reimbursement of expenses.

Generally. The Town Board may provide for reimbursement of expenses necessarily incurred by any officer or employee of the Town in the performance of official Town duties. The Board may determine who is eligible for expense reimbursement, which expenses are reimbursable and the amount of reimbursement. Expenses reimbursable under this section include, but are not limited to:

Traveling expenses, including mileage, lodging and meal expenses.

Costs associated with programs of instruction related to the officer's or employee's office or employment.

Manuals. The Town Board may purchase handbooks and manuals that will materially assist Town officials and employees in the performance of official duties.

§ 69-6 Compensation when acting in more than one official capacity.

Except for offices combined under § 60.305, Wis. Stats., the Town may not compensate a Town officer for acting in more than one official capacity or office of the Town at the same time.

§ 69-7 Town Clerk.

The Town Clerk shall:

Clerk of Town Meeting. Serve as Clerk of the Town Meeting under § 60.15, Wis. Stats.

Clerk of Town Board.

Serve as Clerk of the Town Board, attend meetings of the Board and keep a full record of its proceedings.

File all accounts approved by the Town Board or allowed at Town Meetings and enter a statement of the accounts in the Town's record books.

File with the Town Board claims approved by the Clerk, as required under § 60.44(2)(c), Wis. Stats.

Finance book. Maintain a finance book, which shall contain a complete record of the finances of the Town, showing the receipts, with the date, amount and source of each receipt; the disbursements, with the date, amount and object of each disbursement; and any other information relating to Town finances prescribed by the Town Board. The financial records a Town Clerk is expected to maintain are in addition to, not in lieu of, those a Town Treasurer is expected to maintain.

Elections and appointments.

Perform the duties required by Chapters 5 to 12, Wis. Stats., relating to elections.

Transmit to the County Clerk, within 10 days after election or appointment and qualification of any Town Supervisor, Treasurer, Assessor or Clerk, a written notice stating the name and post office address of the elected or appointed officer. The Clerk shall promptly notify the County Clerk of any subsequent changes in such offices.

Transmit to the Clerk of Circuit Court, immediately after the election or appointment of any Constable or Municipal Judge in the Town, a written notice stating the name of the Constable or Municipal Judge and the term for which elected or appointed. If the Judge or Constable was elected or appointed to fill a vacancy in the office, the Clerk shall include in the notice the name of the incumbent who vacated the office.

Sale of real property. Execute the conveyance of real property of the Town. However, prior to the sale of any property by the Town Board, the electors attending a Town Meeting must have given the Town Board authorization to do so.

Notices.

Publish or post ordinances and resolutions as required under § 60.80, Wis. Stats.

Give notice of annual and special Town Meetings as required under §§ 60.11(5) and 60.12(3), Wis. Stats.

Records.

Comply with Subch. II of Chapter 19, Wis. Stats., concerning any record of which the Clerk is legal custodian.

Demand and obtain the official books and papers of any Municipal Judge if the office becomes vacant and the Judge's successor is not elected or appointed and qualified, or if any Municipal Judge dies. The Town Clerk shall dispose of the books and papers as required by law.

Licenses. Issue any license or permit granted by the Town Board when any required fee has been paid.

Schools.

Perform the Clerk's duties under Chapters 115 to 121, Wis. Stats., relating to public instruction.

Within 10 days after the Clerk's election or appointment, report his or her name and post office address to the administrator of each cooperative educational service agency which contains any portion of the Town. The Clerk shall report to the administrator the name and post office address of each school district clerk within 10 days after the name and address is filed in the Clerk's office.

Make and keep in the Clerk's office a map of the Town, showing the exact boundaries of school districts within the Town.

(4)

Apportion, as provided by law, tax revenues collected by the Town for schools.

Highways and bridges. Perform the duties specified in Chapters 82 to 92, Wis. Stats., relating to highways, bridges and drains.

Notice of property tax revenue. Notify the Clerk of the county in which the Town is located, by February 20, of the proportion of property tax revenue and the credits under § 79.10, Wis. Stats., that is to be disbursed by the County Clerk to each taxing jurisdiction located in the Town.[1]

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

[1]

Editor's Note: Original Sec. 2-4-7(l) of the 2004 Code of Ordinances, Recording orders and certificates, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Statement of indebtedness to Secretary of State. Furnish, pursuant to § 69.68, Wis. Stats., a full and complete summary of the bonded indebtedness and all other indebtedness, the purpose for which the sum was incurred and any accrued interest, if any, remaining unpaid to the Secretary of State.

Managed Forest Act. Receive copies from the Wisconsin Department of Natural Resources of all petitions for entry under the Managed Forest Law of all lands in the Town pursuant to § 77.82(5), Wis. Stats. The Town Clerk shall receive copies of notice of hearings established pursuant to § 77.82(6), Wis. Stats., and copies of any orders issued pursuant to § 77.82(8), Wis. Stats.

Notice of cessation of operations. Receive the appropriate notice, pursuant to § 109.07, Wis. Stats., of mergers, liquidation, disposition, relocation or cessation of operations from any employer in the Town; the Town Clerk shall then immediately inform the Town Board of receipt of such information.

Release and publication of assessment roll. Receive the assessment rolls and then publish a Class 1 notice, if applicable, or post notice under Chapter 985, Wis. Stats. The notice will provide that in the noted days the assessment roll will be open for examination by the taxable inhabitants.

Rabies control program. Promptly post notice in at least three public places in the Town pursuant to § 95.21(3), Wis. Stats., with the notices of quarantine to be furnished by the Department of Health Services.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Prepare general statistics and annual statement of taxes. Make out and transmit to the County Clerk by year's end a statement pursuant to § 69.60, Wis. Stats., showing the assessed value of all property within the Town, all taxes levied, all special assessments made and purposes for special assessments. Also, a complete and detailed statement of the bonded and other indebtedness of the Town and of any accrued interest remaining unpaid and the purpose for which the indebtedness was incurred. In addition, on or before the third Monday of December, the Town Clerk shall file a statement of taxes levied to the Department of Revenue.

Make tax roll. Make out the complete list of all taxable real property, to be called the "tax roll," as required in § 70.65, Wis. Stats.

Correct tax roll. Before delivering the tax roll to the Town Treasurer and after delivering the tax roll to the Town Treasurer, shall correct the errors in the tax roll required in § 70.73, Wis. Stats.

Receive assessment roll. Receive from the Assessor on or before the first Monday in May the completed assessment roll as required by § 70.50, Wis. Stats.

Drainage district. Insert in the tax roll, in a separate column, amounts certified by the Drainage Board secretary as assessments and interest due as required under § 88.42, Wis. Stats.

In general. Perform all other duties required by law, ordinance or lawful direction of the Town Meeting or Town Board.

Deputy Clerk. The Town Clerk may, pursuant to § 60.331, Wis. Stats., appoint a Deputy Clerk. The Deputy Clerk shall take and file the oath and bond as required by § 60.31, Wis. Stats. The Town Board shall determine what compensation is to be paid the Deputy Clerk.

§ 69-8 Town Treasurer.

The Town Treasurer shall:

Receive and disburse Town money.

Receive and take charge of all money belonging to the Town, or which is required by law to be paid into the Town treasury, and disburse the money under § 66.0607, Wis. Stats.

Keep an itemized account of all moneys received and disbursed, specifying the source from which it was received, the person to whom it was paid and the object for which it was paid. The Town Treasurer shall issue numbered receipts for all funds received. At the request of the Town Board, the Town Treasurer shall present the account books, and any supporting documents requested, to the Board.

Deposit of Town money.

Deposit as soon as practicable funds of the Town in the name of the Town in the public depository designated by the Town Board. Failure to comply with this subsection is grounds for removal from office.

When money is deposited under Subsection B(1), the Town Clerk and the Treasurer's sureties are not liable for any loss as defined in § 34.01(2), Wis. Stats. The interest arising from the money deposited shall be paid into the Town treasury.

Records. Comply with Subch. II of Ch. 19, Wis. Stats., concerning records of which the Treasurer is legal custodian.

Taxes. Perform all of the duties relating to taxation required of the Town Treasurer under Chapters 70 to 79, Wis. Stats.

§ 69-9 Assessor.

Qualification.

The Assessor, or assessment firm, shall be certified by the Department of Revenue under § 73.09, Wis. Stats., as qualified to perform the functions of an Assessor. The Town Assessor is appointed for an indefinite term of office pursuant to § 60.307(2), Wis. Stats.

The Town has elected to change the office of Assessor to an appointed position. Pursuant to § 60.307(2), Wis. Stats., the Assessor is appointed by majority vote of the Town Board for a term as determined by contract, but not less than one year. The Town Assessor so appointed may hold the office of Assessor for another town or municipality with the consent of the Town Board.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Duties. The Town Assessor shall have all the statutory authority, powers and duties for property tax assessment required of the Town Assessor pursuant to Chapters 60, 66, 70 and 79, Wis. Stats. The Assessor shall begin under § 70.10, Wis. Stats., to make an assessment of all of the property in the Town liable to taxation, as prescribed by law. The Assessor shall return the assessment roll to the Town Clerk at the same time and in the same manner in which town assessors are required to do as required by Chapter 70, Wis. Stats.

Whenever the Assessor, in the performance of the Assessor's duties, requests or obtains income and expense information pursuant to § 70.47(7)(af), Wis. Stats., or any successor statute thereto, then such income and expense information that is provided to the Assessor shall be held by the Assessor on a confidential basis; except, however, that the information may be revealed and used by persons in discharge of duties imposed by law; in the discharge of duties imposed by office (including but not limited to use by the Assessor in performance of official duties of the Assessor's office and use by the Board of Review in performance of its official duties); or pursuant to order of a court. Income and expense information provided to the Assessor under § 70.47(7)(af), unless a court determines that it is inaccurate, is, per § 70.47(7)(af), not subject to the right of inspection and copying under § 19.35(1), Wis. Stats.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

§ 69-10 Building Inspector.

Appointment. There is hereby created the position of Building Inspector(s), who shall be appointed by the Chairperson, subject to confirmation by the Town Board. He/she shall have an indefinite term of office or as prescribed by professional services agreement. The Building Inspector shall review plans, collect Building Code-related fees and arrange for on-site inspections. The Building Inspector shall have proper certification in areas of responsibility from the State of Wisconsin. If an independent contractor is serving as Town Building Inspector, the Town Board may require that such Building Inspector provide evidence of liability insurance.

Powers and duties.

The Building Inspector shall enforce the Town's building and housing codes and all other ordinances, laws, and orders of the Town and state which relate to building construction, alteration, and repair. With the authorization of the Town Board, he may appoint one or more Deputy Building Inspectors and may delegate to them the above-mentioned powers and duties.

The Building Inspector shall make all on-site inspections necessary for compliance and enforcement of the Building Code.

The Inspectors shall have the power to order all work stopped on construction, alteration, or repair of buildings in the Town when such work is being done in violation of any Town ordinance. Work shall not be resumed after the issuance of such an order, except on written permission of the appropriate Inspector.

Right of entry. Inspectors shall have the power to make or cause to be made an entry into any building or premises where the work of altering, repairing, or constructing any building or structure is going on, including plumbing and electrical work, and to determine compliance with UDC Code requirements.

§ 69-11 Weed Commissioner.

The Weed Commissioner shall be appointed by the Chairperson, subject to Town Board confirmation. The term of office of the Weed Commissioner shall commence on the first day of May following his or her appointment. The Weed Commissioner shall take the official oath, which oath shall be filed in the Office of the Town Clerk, and shall hold office for one year. The Weed Commissioner shall hold office pursuant to and fulfill the duties set out in state law.

§ 69-12 Town Attorney.

Election. The Office of Town Attorney is an appointed position. The Town Attorney may be appointed by the Town Board and shall serve at the pleasure of the Board. The Town Board shall negotiate and establish the compensation in a contract for the designation, retention or employment of an attorney based on a regular salary, per diem rate, retainer, hourly rate, or other methods agreed to by the Attorney and the Town Board.

Duties. The Town Attorney shall have the following duties:

The Attorney shall conduct all of the law business in which the Town is interested.

He/she shall, when requested by Town officers, give written legal opinions, which shall be filed with the Town.

He/she shall draft ordinances, bonds and other instruments as may be required by Town officers.

(4)

He/she may appoint an assistant, who shall have power to perform his/her duties and for whose acts he shall be responsible to the Town. Such assistant shall receive no compensation from the Town, unless previously provided by ordinance.

(5)

The Town Board may employ and compensate special counsel to assist in or take charge of any matter in which the Town is interested.

(6)

The Town Attorney shall perform such other duties as provided by state law and as designated by the Town Board.

§ 69-13 Town Engineer.

The office of Town Engineer is an appointed position. The Town Engineer may be appointed by the Town Board and shall serve at the pleasure of the Board. When authorized by the Town Board, the Town Engineer shall provide engineering services to the Town. The cost of engineering services provided to the Town may be billed back to private parties when created the need for such expenditures.

§ 69-14 Town Auditor/Accountant.

Retention. The Town Board may, pursuant to §§ 60.41 and 60.43, Wis. Stats., designate, retain or employ one or more accountants, including certified public accountants, on a temporary or continuing basis for financial matters or to represent the Town in financial matters.

Compensation. The Town Board shall negotiate and establish the compensation in a contract for the designation, retention or employment of an accountant based on a regular salary, per diem rate, retainer, hourly rate or other methods agreed to by the accountant and the Town Board.

Duties. The accountant has the duties and powers established in §§ 60.41 and 60.43, Wis. Stats., plus any additional powers and duties established pursuant to the retainer contract between the accountant and the Town Board. The appropriate bond shall be filed prior to the Town Board executing the written contract.

§ 69-15 Zoning Administrator.

The office of Zoning Administrator is an appointed position that shall be filled pursuant to § 295-78.

§ 69-16 Town employees; special office positions.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Town employees. The Town Board may employ on a temporary or regular basis persons necessary to carry out the functions of Town government. The Board may establish the qualifications and terms of employment. The Board may delegate the authority to hire Town employees to any Town official or employee.[1]

[1]

Editor's Note: Original Sec. 2-4-16(b) of the 2004 Code of Ordinances, Residency, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Meeting attendance. Special office holders shall attend or make all good-faith efforts to attend all properly called meetings of the Town Board if their attendance is requested at least three days prior to the meeting, or as established by professional services agreement.

§ 69-17 Custody of official property.

Town officers must observe the standards of care imposed by § 19.21, Wis. Stats., with respect to the care and custody of official property.

§ 69-18 Eligibility for office/incompatibility of office.

Any person who is a qualified elector in the Town of Lowell may hold any elected Town office. No member of the Town Board may, during his or her term, be eligible for any Town office or Town position which, during such term, the office or position has been created by or the selection to which is vested in the Town Board. Any member of the Town Board will be eligible for such Town office or Town position if he or she resigns from the Town Board before being appointed to the Town office or Town position and if the office or position was not created during his or her term in office.

Certain Town offices are incompatible, by common law and statutory law, with other Town offices and also with other county, state or federal offices. No Town officer shall serve in both offices at the same time. If any question or concern by any person is raised to the Town Board regarding incompatibility of any office in the Town of Lowell, the Town Attorney, at the request of the Town Board, shall review the matter and shall provide his or her written comments to the Town Board.

§ 69-19 Official oath and bond.

Authority. The Town Board has the specific statutory authority, powers and duties, pursuant to §§ 60.20, 60.22 and 60.31, Wis. Stats., and under § 69-3 of this Code, to require that certain elected officials take an official oath and to require that they file the appropriate bond.

Oath.

General provision. All elected officers and appointed officers of the Town of Lowell, except elected Assessors and Municipal Judges (if such position is established), shall take and file the below noted oath within five days after notification of election or appointment by the Town Clerk. The written oath of office and the oral oath of office, pursuant to § 19.01, Wis. Stats., shall be substantially in the following form:

(a)

Written oath.

STATE OF WISCONSIN,
County of Dodge
I, the undersigned, who have been elected (or appointed) to the office of __________________________, but have not yet entered upon the duties thereof, swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Wisconsin, and will faithfully discharge the duties of said office to the best of my ability. So help me God.
Subscribed and sworn to before me this _____ day of ____________, 20 ___.
	Signature

(b)

Oral oath.

I, _____________________ swear (or affirm) that I will support the Constitution of the State of Wisconsin, and will faithfully and impartially discharge the duties of the office of _____________________ to the best of my ability. So help me God.

Filing locations. The official oath of all elected officers and appointed officers of the Town shall be filed with the Town Clerk, except that the Town Clerk shall file his or her oath with the Town Treasurer and except that the Municipal Judge (if applicable) shall file his or her oath with the Clerk of the Circuit Court.

Failure to file oath. If any elected officer or appointed officer of the Town of Lowell fails to file the proper oath within the time prescribed by statute, the failure to file constitutes refusal to serve in the office. No Municipal Judge in the Town of Lowell shall be paid a salary for any time during the term during which the Municipal Judge has not executed and filed his or her oath.

Bonds.

General provision. The bond costs shall be provided by the Town of Lowell. No natural person may be a surety on a bond. The bond may be furnished by a surety company under § 632.17(2), Wis. Stats. The Town Board may at any time determine that any bond amount established is insufficient or in excess and may therefore require any officer noted above to file a new bond within 10 days, in an amount fixed by the Town Board.

Filing location. The official bond shall be filed with the Town Clerk, except that the Town Clerk shall file his or her bond with the Town Treasurer and except that the Municipal Justice shall file his or her bond with the Clerk of Circuit Court.