[Adopted as Secs. 2-4-1 through 2-4-6 and 2-4-16 through
2-4-19 of the 1996 Code]
A.
Elected Town officers. At the annual spring election, the Town shall,
in odd-numbered years, elect a Chairperson and two Supervisors. In
even-numbered years, two Supervisors shall be elected at the annual
spring election. The following officers of the Town of Koshkonong
shall be chosen at the annual Town election in odd-numbered years
for terms of two years commencing on the third Tuesday of April in
the year of their election:
[Amended 3-14-2012]
B.
Restrictions.
(1)
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.
(2)
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 Department of Revenue, under § 73.09,
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 Department
of Revenue.
C.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
Exceptions. If the Town reverts to a system of electing an Assessor
and/or creates a Municipal Court:
D.
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.
A.
Established by Town Meeting or Board.
(1)
Except as provided under Subsection A(2) below, the Town meeting shall establish the compensation of elective Town offices.
(2)
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.
B.
Nature of compensation. Compensation under this section may be:
(1)
An annual salary.
(2)
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.
(3)
A combination of the above.
C.
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.
D.
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.
A.
Generally. The Town Board may provide for reimbursement of expenses
necessarily incurred by any office 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:
B.
Manuals. The Town Board may purchase handbooks and manuals that will
materially assist Town officials and employees in the performance
of official duties.
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.
A.
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.
[Amended 3-13-2019 by Ord. No. 1]
B.
Residency. The following special office positions need not be Town
of Koshkonong residents to hold these positions per § 66.052,
Wis. Stats. (other Town officials described in this chapter shall
be Town of Koshkonong residents):
[Amended 3-13-2019 by Ord. No. 1]
Town officers must observe the standards of care imposed by
§ 19.21, Wis. Stats., with respect to the care and custody
of official property.
A.
Any person who is a qualified elector in the Town of Koshkonong 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.
B.
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
Koshkonong, 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.
A.
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 § 102-3 of the Code of the Town of Koshkonong, to require that certain elected officials take an official oath and to require that they file the appropriate bond.
B.
Oath.
(1)
General provision. All elected officers and appointed officers of
the Town of Koshkonong, 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.
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STATE OF WISCONSIN,
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County of Jefferson
| |
|
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.
| |
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Subscribed and sworn to before me this _____ day of _____, 19
__.
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__________
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Signature
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(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.
|
(2)
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 shall his or her oath with the
Clerk of the Circuit Court.
(3)
Failure to file oath. If any elected officer or appointed officer
of the Town of Koshkonong 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 Koshkonong
shall be paid a salary for anytime during the term during which the
Municipal Judge has not executed and filed his or her oath.
C.
Bonds.
(1)
General provision. The bond costs shall be provided by the Town of
Koshkonong. 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 anytime 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.
(2)
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.
(3)
Failure to file bond. The elected officers and appointed officers
of the Town required to file a bond shall file the required bond before
entering upon the duties of the office. If the elected officers and
appointed officers of the Town fails to file the required bond within
the time prescribed by law, the failure to file the required bond
constitutes refusal to serve in office and the office can be declared
vacant by the Town Board. No Municipal Judge of the Town shall be
paid a salary for anytime during the term during which the Municipal
Judge has not executed and filed the required bond.
