[HISTORY: Adopted by the Common Council of
the City of Burlington 1-5-1988 by Ord. No. 1203(25) as §§ 1.04
to 1.17, 1.29, 1.36, 3.02 and 11.01 of the 1988 Code. Amendments noted
where applicable.]
[Amended 10-1-1991 by Charter Ord.
No. 1355(14); 1-4-2000 by Charter Ord.
No. 1615(19)]
B.
Treasurer.
(1)
Appointment. The office of Treasurer shall be filled
by appointment by the Mayor subject to confirmation by the Council,
and the Treasurer shall hold office at the pleasure of the Council.
(2)
Duties. The Treasurer shall perform those duties as
are prescribed in § 62.09(9), Wis. Stats.
(3)
Duplicate Treasurer's bond eliminated.
(a)
Bond eliminated. The City elects not to give the bond
on the Treasurer provided for by § 70.67(1), Wis. Stats.
(b)
City liable for default of Treasurer. Pursuant to
§ 70.67(2), Wis. Stats., the City shall be obligated to
pay, in case the Treasurer shall fail to do so, all state and county
taxes required by law to be paid by such Treasurer to the County Treasurer.
A.
The Assessor shall be appointed by the Mayor, subject
to confirmation by the Council, upon such terms and conditions as
the Council may prescribe. The Assessor shall report to and attend
all meetings required by state law or specified by the Common Council
and shall be under the control of the Council.
[Amended 11-18-2003 by Ord. No. 1740(20)]
B.
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 to and used
by persons in the 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 4-5-2000 by Ord. No. 1619(23)]
[Amended 9-4-2001 by Charter Ord.
No. 1665(13); 7-5-2022 by Ord. No. 2084(5)]
A.
City Attorney. The City Attorney shall be appointed by the Mayor,
subject to the confirmation of the Council and shall hold office at
the pleasure of the Council. To the extent that the City appoints
a law firm, the City shall appoint a member of that firm to hold the
office of City Attorney. The City Attorney shall perform those duties
as prescribed in § 62.09(12), Wis. Stats., and this Code.
The City Attorney may appoint an assistant City attorney or attorneys,
who shall have power to perform the attorney's duties and for
whose acts the City Attorney shall be responsible to the City. The
City Attorney and such assistant attorneys shall be compensated by
the City in accordance with the contract for engagement. Unless and
to the extent specifically requested by the City Administrator, Mayor
or Council, the City Attorney shall have no responsibility for matters
for which the City has engaged other attorneys.
B.
Other attorneys. The City may engage an attorney or law firm, on
an ongoing or a matter-specific basis, to handle specific matters
that would otherwise be handled by the City Attorney. These attorneys
may include:
(1)
Prosecuting attorney. The prosecuting attorney shall advise and represent
the City in enforcing municipal ordinances.
(2)
Labor and employment attorney. The labor and employment attorney
shall represent and advise the City in connection with labor and employment
matters, including without limitation the negotiation of collective
bargaining agreements, employee discipline, and the creation and enforcement
of employee policies and contracts. The City labor and employment
attorney shall keep the common council and staff informed of changes
in federal and state labor and employment laws that affect the City
and shall promptly recommend any appropriate amendments to this Code
resulting from such changes.
C.
Special counsel. The City may engage special counsel for specific
matters, which may include:
(1)
Special counsel is required or appropriate to represent the City
or a City body when the City Attorney has a conflict of interest or
the specific matter merits third-party representation;
(2)
An applicant or other third-party is contractually obligated or required
under this Code to reimburse the city for the fees and costs of the
special counsel;
(3)
The engagement of such special counsel is specifically authorized
in the City budget; and
(4)
Specialized litigation.
(5)
In all instances, the City shall not engage special counsel without
the prior approval of the Council.
D.
Contract. The City shall enter into a contract with the attorney
approved by the Council that specifies the terms and conditions of
the firm's and/or attorney's appointment or engagement.
E.
Supervision. The City Administrator shall supervise the workload
of the attorneys appointed or engaged by the City and may determine
the priority of legal opinions and other services such attorneys shall
perform. To ensure proper workflow, the City Administrator may require
requests for legal opinions and other services to be initiated through
the City Administrator or Assistant City Administrator.
F.
Independent legal judgment. When rendering legal advice, an attorney
shall exercise independent legal judgment. Neither the City Administrator
nor any other official shall interfere with the exercise of an attorney's
independent legal judgment or direct the conclusions of any legal
opinion.
G.
Delegation. Unless otherwise instructed by the City Administrator
or Council, an attorney may delegate any task to a member of the attorney's
firm; however, the attorney appointed or engaged by the City shall
remain responsible for all such delegated tasks.
[Amended 9-23-1993 by Ord. No 1448(19); 12-6-1995 by Ord. No. 1517(24); 11-18-2013 by Ord. No. 1740(20); 12-20-2016 by Ord. No. 2009(5)]
A.
Nomination.
The Mayor shall appoint a special committee consisting of the Mayor
and three Alderpersons to prepare procedures for the screening of
candidates. The special committee shall nominate three candidates
for consideration by the Common Council.
B.
Appointment.
The Common Council shall appoint a City Administrator by a majority
vote of the full membership of the entire Council. Appointment shall
be for a definite term fixed by employment contract or an indefinite
term, but in either case the City Administrator shall serve at the
pleasure of the Council subject only to the termination provisions
of any employment agreement approved by the Council.
C.
Removal
procedure. Removal from the position of City Administrator shall be
by majority vote of the full membership of the entire Common Council
with 60 days' written notice. In the case of resignation, 60 days'
written notice in advance shall be received by the Council.
D.
Scope.
The provisions of this section shall apply in all respects to the
administrative process in the City, including implementing, coordinating,
evaluation and planning services and programs within the ordinances
or policy limits set by the Common Council to assure an efficient
and effective organization and operation of all City departments.
E.
Purpose.
The purpose and object of this section is to provide for the proper
administrative process whereby the organizational structure of the
City government has a flow of accountability for all department services
and functions.
F.
Salary
and evaluation. The salary of the City Administrator shall be as the
Common Council shall, from time to time, determine and prescribe.
The work performance of the City Administrator shall be evaluated
annually at a time and in accordance with procedures determined by
the Mayor and the Common Council.
G.
Qualifications.
The person appointed to the office of City Administrator shall have
the following qualifications:
(1)
Thorough knowledge of the principles and practices of municipal government
administration.
(2)
Good knowledge of public works operations.
(3)
The ability to establish and maintain effective working relationships
with Common Council members, appointed officials, consultants, department
heads, employees and the general public.
(4)
Be in good physical condition.
(5)
Have good professional judgment.
(6)
Have previous experience in municipal government, at least at the
level of assistant to an administrator or a department head.
(7)
Be a graduate from a college or university of recognized standing
with a major in public administration, preferably a Master's degree
in a relevant field, or any equivalent combination of experience and
training which provide required knowledge, skills and abilities.
(8)
Have a working knowledge of applicable federal and state assistance
programs for municipalities.
H.
Duties.
The duties of the City Administrator shall be as follows:
(1)
To enforce the laws and ordinances or policy limits and resolutions
established by the Common Council to assure the efficient and effective
organization and operation of all City department and services.
(3)
To serve as personnel officer, including responsibility for employee
relation matters.
(4)
To have authority to review routines and working hours for all employees,
administer fringe benefit plans, and recommend to the Common Council
administrative control routines which will best promote efficiency
and economy.
(5)
To designate appropriate employees or departments for the handling
or transaction of business that is not of a routine nature.
(6)
To direct and coordinate City services, functions and programs, except
when such authority is vested boards, commissions and appointed officials
by Wisconsin Statutes.
(7)
To advise the Common Council during preparation of the annual budget.
(8)
To attend all Common Council meetings and, upon request, committee
meetings.
(9)
To prepare periodic and special reports concerning administrative
activities and programs of the City.
(10)
To make presentations and confer on behalf of the City with the general
public and representatives of other public and private agencies.
(11)
To hear, discuss, investigate, evaluate and settle citizen and other
complaints within the scope of the City ordinances and policy limits
of the City.
(12)
To conduct staff meetings with department heads.
(13)
To develop program goals and objectives.
(14)
To evaluate the performance of department heads annually.
(15)
To cause the enforcement and performance by the parties thereto of
all City contracts.
(16)
To have general responsibility for the construction and maintenance
of such public works and improvements as are delegated to him/her
by the Common Council.
(17)
To keep the Mayor and the Common Council advised concerning developments
pertaining to the City administration, business, and affairs, when
deemed necessary or when requested by the Mayor or the Common Council.
(18)
To coordinate long-term growth and development as it affects the
City.
(19)
To perform such other duties as may be prescribed by the Common Council,
by this chapter or resolutions of the Common Council.
[Amended 12-6-1995 by Ord. No. 1518(25)]
A.
Appointment. The City Engineer shall be appointed
by the City Administrator subject to confirmation by the Common Council
and shall be under the direct supervision of the City Administrator.
In lieu of appointing a person to the position of Engineer, the City
Administrator may engage an engineering firm, and if such is the case,
the engineering firm shall perform the duties required of the Engineer
throughout this Code, except where specifically excepted.
[Amended 11-18-2003 by Ord. No. 1740(20)]
B.
Duties. The City Engineer shall perform resident engineering
services and other engineering services which may be required of him
by the Council and shall act in an advisory capacity to the other
City departments and shall perform such other duties as may be prescribed
by law or ordinance or by the Council.
C.
Office and equipment. The City shall furnish the Engineer
with an office with light, heat and telephone and such instruments
and tools as may be required in the performance of his work. This
provision shall not apply if the City Engineer's duties are undertaken
by an engineering firm.
[Amended 11-18-2003 by Ord. No. 1740(20)]
[1]
Editor’s Note: Former § 57-6, Assistant Engineer,
as amended, was repealed 12-20-2016 by Ord. No. 2009(5).
[Amended 10-3-1995 by Ord. No. 1508(17); 12-6-1995 by Ord. No. 1518(25); 11-18-2013 by Ord. No. 1740(20); 12-20-2016 by Ord. No. 2009(5)]
The Public Works Director shall be selected by the City Administrator
subject to confirmation by the Common Council and shall be under the
direct supervision of the City Administrator.
A.
Duties.
The Public Works Director shall serve as the Street Commissioner and
be charged with control of the Public Works Department, under direction
of the Council. He shall assist the City Administrator in the hiring
of necessary employees and, when the services of a consultant or other
independent agent are necessary, shall recommend the same to the City
Administrator and Common Council. He shall have supervision over all
matters of the Public Works Department and the performance of such
duties as may be prescribed by the Council. He shall keep a permanent
record of all work ordered and performed and notices given by him
on behalf of the City.
[1]
Editor’s Note: Former § 57-8, Public health;
Health Officer, as amended, was repealed 12-7-2021 by Ord. No. 2074(10). Former §§ 57-9, Building Inspector, as amended,
57-10, Plumbing Inspector, as amended, 57-11, Electrical Inspector,
as amended, 57-12, Utility Manager, as amended, and 57-13, Forester,
as amended, were repealed 12-20-2016 by Ord. No. 2009(5).
The Common Council may assign the duties of
an appointive office to another officer. References to such office
in these ordinances or state laws shall include the officer to whom
the duties are assigned.
Officers and employees of the City shall receive
such compensation as may be determined by the Common Council from
time to time.
[Added 10-3-2006 by Ord. No. 1809(13)]
Submission of an application for any employment
or appointed position with the City shall constitute consent to a
background investigation (including a criminal history and traffic
history) by the City. All applicants shall be investigated by the
Police Department, and the results of said investigation shall be
forwarded to the City Administrator or the Administrator’s designee
for placement in the applicant's file or employee's personnel file.
