[HISTORY: Adopted by the City Council of
the City of Weyauwega 5-21-2001 by Ord. No. 2001-01 as Title 2, Ch. 3
of the 2001 Code. Amendments noted where applicable.]
[Amended 8-17-2015 by Ord. No. 2015-1]
A.
General powers. Officers of the City of Weyauwega shall have the
powers and duties enumerated for their position in Ch. 62, Wis. Stats.,
as provided by statute or this chapter, and as prescribed by the Council.
City officers shall exercise their powers and duties subject to the
direction of the Mayor and Council.
B.
Rules. All officers and departments may make the necessary rules
for the conduct of their duties and incidental proceedings. Such rules
shall be subject to the review and approval of the Council.
C.
Legal representation. City officers shall be entitled to legal representation
or the cost of legal representation if proceeded against in their
official capacity for acts done within the scope of employment to
the extent provided by state law. The Council may authorize the City
Attorney to represent the officer in any such suit, at the Council's
option.
[Amended 5-16-2005 by Ord. No. 2005-03; 7-19-2010 by Ord. No. 2010-02; 8-17-2015 by Ord. No. 2015-1]
A.
Appointed officials. The following shall be appointed officials:
|
Official
|
How Appointed
|
Term
|
|
Attorney
|
Affirmative vote of the Council
|
Indefinite, at pleasure of the Council
|
|
Administrator
|
Affirmative vote of the Council
|
Indefinite, at pleasure of the Council
|
|
Chief of Police
|
Affirmative vote of the Council
|
As provided in § 62.12, Wis. Stats.
|
|
Building Inspector
|
Affirmative vote of the Council
|
Indefinite, at pleasure of the Council
|
|
Assessor (or assessing firm)
|
Affirmative vote of the Council
|
As determined by contract
|
B.
Time for taking office. The regular term of all appointed officials
shall commence with their appointment at the first meeting of the
City Council in April of each year, except officials appointed for
indefinite terms, who shall take office upon appointment and qualification.
C.
Offices dispensed with. The offices of Engineer, Street Commissioner,
and Board of Public Works are dispensed with, and the duties thereof
shall be performed by the City Council. The office of Constable is
dispensed with.
[Amended 5-16-2005 by Ord. No. 2005-04; 7-19-2010 by Ord. No. 2010-02; 9-26-2011 by Ord. No. 2011-7; 11-26-2012 by Ord. No.
2012-3; 4-18-2017 by Ord. No. 2017-3; 3-19-2018 by Ord. No. 2018-2]
A.
Office
of City Administrator. In order that the various officers, officials
and employees and departments executing policy and administering the
affairs of the City of Weyauwega may operate as efficiently as possible
under a system of part-time Mayor and part-time Alderpersons, and
to better ensure competent, expeditious, efficient and harmonious
administration and action in respect to any activity common to one
or more of the City’s officers, officials and departments and
in order that there may be uniform application of policy, there is
herewith created the office of the City Administrator for the City
of Weyauwega.
B.
Appointment. The City Administrator shall be appointed as provided in § 110-2. The City Council shall establish procedures for selection of the City Administrator including, among other things, the method for publicizing the position, the selection process to be used, and a review of the job description for the position and all qualifications for the office to assure that the selection is based on merit with due regard to education/training, demonstrated administrative ability, experience and general fitness for the office. Subject to the provisions of any employment agreement that may be entered into with the City Administrator, the City Administrator shall hold his/her office for an indefinite term, subject to removal at any time by a vote of a minimum of five members of the City Council, at pleasure.
C.
General
duties of the City Administrator. Subject to the authority and limitation
prescribed by the Wisconsin Statutes and the ordinances, resolutions
and policies/procedures of the City of Weyauwega, the City Administrator
shall serve as the chief administrative officer of the City of Weyauwega,
responsible to and under the directives and policies of the Mayor
and City Council, and shall be responsible for the proper administration
of all activities of the City. The City Administrator shall have administrative
powers and responsibilities over all City departments, department
heads and employees of the City. The responsibilities, duties and
authority of the City Administrator shall be further prescribed and
subject to such conditions as may be set forth by position description
and/or employment contract between the City and said City Administrator.
This section shall not preclude the City Council from establishing
other employment conditions and term not inconsistent with the provisions
of this section, the Wisconsin Statutes and the City of Weyauwega
Code of Ordinances.
D.
Bond. The
City Administrator shall execute to the City a surety company fidelity
bond in an amount determined by the City Council. The acts of the
City Administrator shall be covered by official bond as the City Council
shall direct.
[Amended 9-26-2011 by Ord. No. 2011-7; 4-18-2017 by Ord. No. 2017-3; 3-19-2018 by Ord. No. 2018-2]
A.
Creation
of the Office of City Clerk. The City Clerk shall be appointed by
the City Council by majority vote upon recommendation of the City
Administrator. The Clerk shall have such powers and perform such duties
as prescribed by state law and directed by the City Council as provided
at § 62.09(11), Wis. Stats., under the direction of the Mayor
and City Administrator.
B.
Bond. The
City Clerk shall execute to the City a surety company fidelity bond
in an amount determined by the City Council. The acts of the City
Clerk shall be covered by official bond as the City Council shall
direct.
C.
Tenure.
The City Clerk shall serve an indefinite term subject to removal at
any time by a vote of a minimum of five of the members of the City
Council, at pleasure.
[Added 9-26-2011 by Ord. No. 2011-7; amended 11-26-2012 by Ord. No.
2012-3; 4-18-2017 by Ord. No. 2017-3; 3-19-2018 by Ord. No. 2018-2]
A.
Creation
of the Office of City Treasurer. The City Treasurer shall be appointed
by the City Council by majority vote upon recommendation of the City
Administrator. The City Treasurer shall have such powers and perform
such duties as prescribed by state law and directed by the City Council
as provided at § 62.09(9), Wis. Stats., under the direction of
the Mayor and City Administrator.
B.
Bond.
The City Treasurer shall execute to the City a surety company fidelity
bond in an amount determined by the City Council. The acts of the
City Treasurer shall be covered by official bond as the City Council
shall direct.
C.
Tenure.
The City Treasurer shall serve an indefinite term subject to removal
at any time by a vote of a minimum of five of the members of the City
Council, at pleasure.
[1]
Editor’s Note: Former § 110-5, Supervisor of Public
Works, as amended, was repealed 8-17-2015 by Ord. No. 2015-1.
B.
Duties. The City Attorney shall have the following
duties. The Attorney shall:
(1)
Conduct all of the law business in which the City
is interested and shall serve as legal advisor to the Mayor, City
Council and officers of the City.
(2)
When requested by City officers, give written legal
opinions which shall be filed with the City.
(3)
Draft ordinances, bonds and other instruments as may
be required by City officials.
(4)
Perform such other duties as provided by state law
and as designated by the City Council.
C.
Assistant.
The City Attorney may appoint an assistant who shall have the power
to perform his/her duties and for whose acts he/she shall be responsible
to the City. Such assistant shall receive no compensation from the
City, unless previously provided by ordinance.
D.
Special
counsel. The City Council may employ and compensate special counsel
to assist in or take charge of any matter in which the City is interested.
A.
Appointment.
(1)
The Chief of Police shall be appointed pursuant to § 110-2 and shall hold office during satisfactory performance, subject to suspension or removal pursuant to law.
(2)
The compensation to be paid the Chief of Police for
his/her services, the hours of active duty, rest days, vacation periods
and other involvement of his or her employment shall be such as may
be determined by the City Council from time to time.
B.
General duties. The Chief of Police shall:
(1)
Have command of the Police Department of the City
under direction of the Mayor.
(2)
Have general administration and control of the Department.
(3)
Be responsible for the Department's government, efficiency
and general good conduct.
(4)
Perform all duties prescribed to him/her by laws of
the state and ordinances of the City.
(5)
Develop Department policies and procedures.
(6)
Maintain Department ethics and discipline.
(7)
Delegate special assignments or duties to police officers
and monitor to see that responsibilities are carried out.
(8)
Perform all the duties of a police officer during
a portion of every regular shift.
(9)
Identify and evaluate ideas to achieve more efficient
and effective operation.
(10)
Prepare Department budget requests and maintain
expenditures within approved budgetary levels.
(11)
Authorize overtime work for police officers,
with supporting justification provided to the Mayor and City Council
or committee thereof.
(12)
Participate in the recruitment, testing and
selection of new personnel.
(13)
Supervise and participate in the advanced and
continuing training of police officers and nonsworn Department employees.
(14)
Cooperate with county, state and federal officials
and other municipal law enforcement agencies.
(15)
Make special reports to the City Council on
request and advise and cooperate with other City departments in matters
of public safety.
(16)
Perform other miscellaneous duties as assigned.
A.
Appointment. The Fire Chief shall be appointed pursuant
to the bylaws of the Weyauwega Fire District ("Department").
B.
Duties and powers.
(1)
The Chief shall have general supervision of the Fire
Department personnel, apparatus and equipment. The Fire Chief, or
his/her designee, shall be present at fires and command all fire-fighting
operations. The Fire Chief may make such further rules, regulations
and policies for the government of the Fire Department as he/she may
deem necessary, provided that such rules and regulations shall not
be inconsistent with the laws of the State of Wisconsin or Department
bylaws. The Fire Chief shall, by virtue of his/her office, hold the
office of Fire Inspector or he/she may delegate a member of the Department
to serve as the Fire Inspector.
(2)
He/she shall enforce all fire prevention ordinances
of the City and state laws and regulations pertaining to fire prevention
and shall keep citizens informed on fire prevention methods and on
the activities of the Department.
C.
Reports of Chief. The Fire Chief shall report to the
City Council and/or Fire District Board from time to time at his/her
discretion or upon the request of said City Council and/or Fire District
Board on matters concerning departmental matters and shall perform
such other duties in conformance with his/her office as may from time
to time be required of him/her by the City Council.
A.
Appointment.
(1)
The City of Weyauwega hereby elects not to be governed
by those portions of § 62.09(3)(b), Wis. Stats., relating
to the method of selection of the City Assessor which are in conflict
with this section.
(2)
The City Assessor, or assessing firm, shall be appointed
by the City Council for a term of office as determined by contract.
(3)
A corporation or an independent contractor may be
appointed as Assessor. The corporation or independent contractor so
appointed shall designate the person responsible for the assessment.
The designee shall file the official oath under § 19.01,
Wis. Stats., and sign the affidavit of the Assessor attached to the
assessment roll under § 70.49, Wis. Stats.
(4)
No Assessor shall be appointed unless said Assessor
is certified by the Wisconsin Department of Revenue as qualified to
perform the functions of the office of Assessor.
B.
Duties. The Assessor shall perform all duties required
of such office as provided by law and such other duties as are requested
to be executed by such person by the City Council from time to time.
C.
Definition. For purposes of this section, "independent
contractor" means a person who either is under contract to furnish
appraisal and assessment services or is customarily engaged in an
independently established trade, business or profession in which the
services are offered to the general public.
[1]
Editor's Note: This section was originally adopted by charter
ordinance.
A.
Qualifications.
(1)
There is created the position of Building Inspector.
(2)
The Building Inspector shall:
(a)
Possess such executive ability as is requisite
for the performance of his/her duties and shall have a thorough knowledge
of the standard materials and methods used in the installation of
equipment in his/her area of responsibility.
(b)
Be well versed in approved methods of construction
for safety to persons and property, the regulations of the State of
Wisconsin relating to work in his/her area of responsibility, and
any orders, rules and regulations issued by authority thereof.
(c)
Have sufficient experience in the installation
of equipment to enable him/her to understand and apply the appropriate
codes adopted by the City of Weyauwega.
(d)
Be properly certified by the state in his/her
areas of responsibility.
C.
Authority to enter premises.
(1)
In the discharge of his/her duties, the Building Inspector under this section or his/her authorized agent may enter any building, upon presentation of the proper credentials, during reasonable hours for the purpose of inspection any may require the production of any permit or license required hereunder. No person shall interfere with the Inspector or his/her authorized agent while in the performance of his/her duties, and any person so interfering shall be in violation of this section and subject to a penalty as provided by § 1-3 of this Code.
(2)
If consent to entry to personal or real properties
which are not public buildings or to portions of public buildings
which are not open to the public for inspection purposes has been
denied, the Inspector shall obtain a special inspection warrant under
§ 66.0119, Wis. Stats.
D.
Duties and authority. The Building Inspector shall have such duties as are prescribed in this section and Chapter 210, Building Construction, of this Code.
E.
Records. The Building Inspector shall keep a record
of all applications for permits and regularly number each permit in
the order of issuance. The Building Inspector shall keep a record
of all inspections made and a record of all fees collected by him/her
showing the date of his/her receipt and transfer to the City Administrator.
F.
Stop-work orders and revocations. The Building Inspector
may order construction, installation, alteration or repair work stopped
when such work is being done in violation of this Code of Ordinances.
Work so stopped shall not be resumed, except with written permission
of the Inspector, provided that if the stop-work order is an oral
one it shall be followed by a written order within a reasonable period
of time.
A.
Selection. A Health Officer may be appointed by the
Mayor, subject to Council confirmation. Such Health Officer shall
be a physician or, in lieu thereof, a person with training and experience
in public health administration which shall meet training and experience
requirements established by the State Department of Health Services.
If the Health Officer is not a physician, the City Council shall arrange
for and provide in addition such services of a physician as may be
necessary on either a part-time or full-time basis and provide reasonable
compensation therefor.[1]
B.
Vacancy. If a vacancy in the position of Health Officer
occurs, the Mayor shall immediately fill the position.
C.
Responsibilities.
(1)
The Health Officer shall provide such additional rules
and regulations as are necessary for the preservation of health, to
prevent the spread of communicable diseases, and to cause the removal
of all objects detrimental to health and to enforce the health laws.
All proposed rules and regulations shall be reported to the City Council
by the Health Officer, and if the Council approves the same by a vote
of a majority of its members, they shall have the force and effect
of ordinances, including penalty for violation.
(2)
The Health Officer shall from time to time recommend
to the City Council such sanitary measures to be executed by the City
as seem necessary and shall discharge such other duties as may be
imposed by the Council by ordinance or resolution.
The Weed Commissioner shall be appointed by
the Mayor, subject to Council confirmation. The term of office of
the Weed Commissioner shall commence on the first day of May following
his/her appointment. The Weed Commissioner shall take the official
oath, which oath shall be filed in the office of the City Administrator,
and shall hold office for one year. The Weed Commissioner shall hold
office pursuant to and fulfill the duties set out in state law.
A.
No person shall be elected by the people to a City
office who is not, at the time of his/her election, a citizen of the
United States and of this state and an elector of the City and, in
case of a ward office, of the ward and actually residing therein.
B.
An appointee by the Mayor, requiring to be confirmed
by the Council, who shall be rejected by the Council shall be ineligible
for appointment to the same office for one year thereafter.
C.
No member of the City Council shall, during the term
for which he/she is elected, be eligible for an office or position
which, during such term, has been created by, or the selection to
which is vested in, the Council, provided that the Council may be
represented on City boards or commissions where no additional remuneration
is paid such representative except as otherwise provided by the laws
of the State of Wisconsin.
City officers must observe the standards of
care imposed by § 19.21, Wis. Stats., with respect to the
care and custody of official property.
A.
Oath. Every person elected or appointed to any statutory
office shall take and file his/her official oath within 10 days after
the notice of his/her election or appointment.
B.
Bonds. The City Administrator, and such other statutory
officers as the laws of Wisconsin or the City Council may direct,
shall execute and file an official bond in such form as the Council
may determine. The Council may at any time require new or additional
bonds of any officer. All official bonds must be approved by the Mayor
and, when so approved, then be filed within 10 days after the officer
executing the same shall have been notified of this election or appointment.
Official bonds shall be filed with the City Administrator and shall
be recorded by him/her in a book kept by him/her for that purpose.
