[HISTORY: Adopted by the Village Board of the Village of
Fairwater 2-11-2019 by Ord. No.
1-2019. Amendments noted where applicable.]
A.
General powers. Officers shall have generally the powers and duties
prescribed for like officers of towns and villages, except as otherwise
provided, and such powers and duties as are prescribed by law and,
except as to the Village President, shall perform such duties as shall
be required of them by the Village Board. Officers whose powers and
duties are not enumerated in Ch. 61, Wis. Stats., shall have such
powers and duties as are prescribed by law for like officers or as
are directed by the Village Board.
B.
Rules. All officers and departments may make the necessary rules
for the conduct of their duties and incidental proceedings, subject
to prior approval by the Village Board.
C.
Applicability of ethics statutes. The general laws for the punishment
of bribery, misdemeanors and corruption in office shall apply to Village
officers.
D.
Legal representation. Whenever a Village official in his/her official
capacity proceeded against or obliged to proceed before any civil
court, board or commission to defend or maintain his/her official
position, or because of some act arising out of the performance of
his/her official duties, and he/she has prevailed in such proceedings,
or the Village Board has ordered the proceedings discontinued, the
Board may provide for payment to such official such sum as it sees
fit to reimburse him/her for the expenses reasonably incurred for
costs and attorneys' fees.
The Village of Fairwater officials hereinafter set forth shall
be appointed:
|
Official
|
How Appointed
|
Term
|
|---|---|---|
|
Assessor
|
Village President subject to confirmation by the Village Board
|
By contract
|
|
Attorney
|
Village President subject to confirmation by the Village Board
|
Indefinite
|
|
Engineer (Consulting)
|
Village President subject to confirmation by the Village Board
|
Pleasure of Board
|
|
Weed Commissioner
|
Village President subject to confirmation by the Village Board
|
1 year
|
|
Chief of Police
|
Fire, Police, Emergency Government Committee subject to confirmation
by the Village Board
|
Indefinite
|
|
Emergency Management Director
|
Village President subject to confirmation by the Village Board
|
One year
|
|
Director of Public Works
|
Village President subject to confirmation by the Village Board
|
Indefinite
|
|
Village Clerk
|
Village President subject to confirmation by the Village Board
|
Indefinite
|
|
Building Inspector
|
Village President subject to confirmation by the Village Board
|
By contract
|
|
Village Treasurer
|
Village President subject to confirmation by the Village Board
|
3 years
|
A.
Appointment. Vacancies occurring in the office of the Village Clerk
of the Village of Fairwater will be filled by appointment subject
to approval of a majority of the Village Board. That portion of the
Village Charter heretofore providing for election of the Village Clerk
is hereby repealed and made inapplicable to the Village of Fairwater.[1]
[1]
Editor's Note: This subsection was adopted by charter ordinance
2-4-1974.
B.
Term. The appointed Village Clerk shall hold office for an indefinite
term, subject to removal as provided in § 17.13, Wis. Stats.
C.
Duties as Clerk. The Village Clerk shall be responsible for performing
those duties required by the Wisconsin Statutes and such other duties
as required by the Village Board. The Clerk may serve as Treasurer
and/or Deputy Treasurer if so designated by the Village Board.
D.
Duties prescribed by law. The Clerk shall perform such other duties
as are prescribed by state statutes and by order of the Village Board.
The Clerk generally shall perform, under the direction of the Village
President or other presiding officer of the Board, all duties pertaining
to his/her office as Clerk, and shall be responsible for all official
acts of assistants.
A.
Appointment and term.[1]
(1)
Appointed
position. The Village Treasurer shall be appointed by the Village
Board of Trustees at the time of the reorganization of the Village
Board, following a general election of the new Board of Trustees which
shall occur. The term of office shall be three years; however, until
a successor Village Treasurer is appointed, the then appointed Treasurer
shall remain in office with all the powers as designated to the Treasurer
in full force and effect until such time as a new Treasurer is appointed
and the appointment confirmed by a vote of the Village Board of Trustees.
The Village President shall be responsible for submitting the name
to the Board of Trustees of a candidate for the position, although
the Board shall also have the right to nominate or recommend individuals
for the position subject to the Board taking formal action and appointing
a Village Treasurer by vote of the Village Board of Trustees.
(2)
Removal
from office. A Village Treasurer, during his/her term, may be removed
for cause by affirmative action of the Village Board of Trustees.
(3)
Vacancy.
If a Village Treasurer shall resign during his/her term, the Village
President shall have the authority to appoint a successor Village
Treasurer, who shall continue to serve in that position until such
time as formal action is taken by the Village Board of Trustees to
appoint a new permanent Village Treasurer to serve the remainder of
the vacating Treasurer's term of office.
[1]
Editor's Note: This subsection was adopted by charter ordinance
9-9-2008.
B.
Audits. Audits, when determined appropriate by the Village Board,
shall be made of the records of the Treasurer, with the audit to be
made by a certified public accountant.
C.
Duties as Treasurer. The Village Treasurer shall perform the statutory
duties of Village Treasurer and such other duties as required by the
Village Board.
D.
Duties prescribed by law. The Treasurer shall perform such other
duties as are prescribed by state statutes and by order of the Village
Board. The Treasurer generally shall perform, under direction of the
Village President or other presiding officer of the Board, all duties
pertaining to his/her office as Treasurer, and shall be responsible
for all the official acts of assistants.
E.
Bond. The Treasurer shall execute to the Village a surety company
fidelity bond in an amount determined by the Village Board, if the
Village Board so directs.
A.
The Village Clerk may appoint a Deputy Clerk(s), subject to confirmation
by a majority of all the members of the Village Board. The Deputy
Clerk(s) shall have an indefinite term of office. The Deputy Clerk(s)
shall act under the Village Clerk's direction and, during temporary
absence or disability of the Village Clerk or during a vacancy in
such office, shall perform the duties of the Village Clerk. The acts
of the Deputy Clerk(s) shall be covered by official bond if the Village
Board so directs.
B.
The Village Board may appoint a Deputy Treasurer. The Deputy Treasurer
shall have an indefinite term of office. The Deputy Treasurer shall
perform such duties as directed by the Village Board and fill in for
the Treasurer during an absence or vacancy in such office. The acts
of the Deputy Treasurer shall be covered by official bond if the Village
Board so directs.
A.
Appointment. The Village Attorney is an appointed position. The Village Attorney shall be appointed pursuant to § 103-2, except the Village Attorney shall serve at the pleasure of the Board.
B.
Duties. The Village Attorney shall have the following duties:
(1)
The Village Attorney shall:
(a)
Conduct all of the legal business in which the Village is interested.
(b)
When requested by Village officers, give written legal opinions,
which shall be filed with the Village.
(c)
Draft ordinances, bonds and other instruments as may be required
by Village officers.
(d)
Perform such other duties as provided by state law and as designated
by the Village Board.
(2)
The Village Attorney may appoint an assistant, who shall have power
to perform his/her duties and for whose acts he/she shall be responsible
to the Village. Such assistant shall receive no compensation from
the Village, unless previously provided by ordinance.
C.
Special counsel. The Village Board may employ and compensate special
counsel to assist in or take charge of any matter in which the Village
is interested.
A.
Appointment. The Chief of Police shall be appointed pursuant to § 103-2. The Chief shall exercise the powers and duties of the village marshals and village constables and any other powers and duties as provided from time to time by the Village Board.
B.
General duties.
(1)
The Chief of Police shall have command of the Police Department.
The Chief of Police shall have general administration and control
of the Department and shall be responsible for the Department's government,
efficiency and general good conduct. The Chief of Police shall perform
all duties prescribed to him/her by the laws of the state and the
ordinances of the Village and shall obey all lawful written orders
of the Village Board or appropriate committee thereof.
(2)
The Chief of Police shall cause the public peace to be preserved
and may arrest and with reasonable diligence take before the proper
court every person found in the Village engaged in any disturbance
of the peace or violating any law of the state or ordinance of the
Village. The Chief shall cooperate with other law enforcement officers
in the arrest or apprehension of persons charged with crime. The Chief
of Police shall see that all laws and ordinances of the Village and
state are enforced. Whenever any violation thereof shall come to his/her
knowledge, he/she shall cause the requisite complaint to be made and
see that the evidence is procured for the successful prosecution of
the offender or offenders. The Chief of Police shall exercise supervisory
control over all the personnel of his/her department and may adopt,
subject to the approval of the Village Board, rules and regulations
for the government, discipline, equipment and uniforms of the police
officers. The Chief of Police shall be solely responsible for the
care and condition of the equipment used by his/her Department. The
Chief of Police shall keep an accurate and complete record of all
complaints, arrests, traffic violations, convictions and dispositions
of the Department.
The Fire Chief shall be elected each year in April by the Brandon-Fairwater
Fire Department for a one-year term of office.
The Weed Commissioner shall be appointed by the Village President,
subject to Village Board 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 Village 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.
A.
Appointment. The Director of Public Works shall be appointed pursuant to § 103-2. Generally, the Director of Public Works shall maintain, service, inspect and/or repair all Village public works equipment and property, including street equipment, streets and street rights-of-way, Village parks, Village buildings and other items as determined by the Village Board.
B.
Duties and powers. The Director of Public Works shall have the following
duties and powers:
(1)
General duties. The Director of Public Works shall:
(a)
Have general charge and supervision of certain public works
in the Village.
(b)
Be responsible for the maintenance, repair and construction
of parks, streets, alleys, curbs and gutters, sidewalks, bridges,
street signs, Village buildings and structures and all related machinery,
equipment and property used in such activity.
(c)
Have charge of certain public services, including snow and ice
removal, street cleaning, flushing, and street maintenance.
(d)
Perform such other activities and duties as are imposed upon
him/her from time to time by the Village Board, his/her job description
or employment contract.
(2)
Maintain, clean and repair streets and roads. The Director of Public
Works shall:
(3)
Maintain Village buildings and equipment. The Director of Public
Works shall:
(a)
Clean, maintain, paint and service Village buildings as needed
and as directed by the Board.
(b)
Keep buildings in safe condition to meet all state and local
building and safety code requirements.
(c)
Maintain and service all Village vehicles and machinery as needed
and as directed by the Board.
(4)
Maintain water supply system. The Director of Public Works shall:
(5)
Maintain sanitary sewer system. The Director of Public Works shall:
A.
The Village of Fairwater, pursuant to §§ 61.195, 61.197
and 66.0101, Wis. Stats., hereby elects not to be governed by those
portions of §§ 61.19 and 61.23, Wis. Stats., which
relate to the selection and tenure of the Village Assessor and which
are in conflict with this section.
B.
Hereafter, instead of being elected, the Assessor or assessing firm
shall be appointed by the Village President, subject to confirmation
by a majority vote of the members-elect of the Village Board. Said
person so appointed to perform the duties of such office shall have
an indefinite term and shall serve as determined by contract.
C.
This is a charter ordinance and shall take effect 60 days after its
passage and publication, unless within such sixty-day period a referendum
petition as provided by § 66.0101(5), Wis. Stats., shall
be filed, in which event this ordinance shall not take effect until
it shall have been submitted to a referendum vote of the electors
and approved by a majority of electors voting thereon.
[1]
Editor's Note: This section was adopted by charter ordinance
7-10-2017.
A.
Appointment.
(2)
Each 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 statutes 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 Village of Fairwater.
B.
Authority to enter premises; appeals.
(1)
In the discharge of their respective duties, each 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 and 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 duties, and any person so interfering shall be in violation of this section and subject to a penalty as provided by § 1-4 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.
C.
Duties and authority. The Building Inspector shall have such responsibilities
as are prescribed in this section and the following chapters of this
Code:
D.
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. 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.
E.
Conflict of interest. No Inspector shall inspect any construction
work in the Village in which the Inspector has a personal or financial
interest, either direct or indirect.
A.
No person shall be elected by the people to a Village 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 Village and, in case of a
ward office, of the ward and actually residing therein.
B.
An appointee by the Village President, requiring to be confirmed
by the Village Board, who shall be rejected by the Board, shall be
ineligible for appointment to the same office for one year thereafter.
A.
Oath of office. Every officer of the Village, including members of
Village boards and commissions, shall, before entering upon his/her
duties and within five days after notice of election or appointment,
take the oath of office prescribed by law and file such oath in the
office of the Village Clerk. Any person reelected or reappointed to
the same office shall take and file an official oath for each term
of service.
B.
Form; procedure. The form, filing and general procedure for the taking
of oaths shall be governed by Chapter 19, Subchapter I, of the Wisconsin
Statutes.
A.
How occurring. Except as provided in Subsection C below, vacancies in elective and appointive positions occur as provided in §§ 17.03 and 17.035, Wis. Stats.
B.
How filled. Vacancies in elective and appointive offices shall be
filled as provided in § 17.24, Wis. Stats.
C.
Temporary incapacitation. If any officer be absent or temporarily
incapacitated from any cause, the Board may appoint some person to
discharge his/her duties until he/she returns or until such disability
is removed.
Village officers must observe the standards of care imposed
by § 19.21, Wis. Stats., with respect to the care and custody
of official property.
[Added 8-14-2023 by Ord. No. 1-2023]
A.
Statutory authority. Pursuant to § 61.29, Wis. Stats.,
the Village Board of the Village of Fairwater, Fond du Lac County,
Wisconsin, hereby creates an ordinance establishing the office of
Village Constable, Village of Fairwater, Fond du Lac County, Wisconsin.
B.
The Village Constable shall:
(1)
Keep and preserve the peace within the Village of Fairwater.
(2)
Perform such other duties as are considered applicable to a code
enforcement officer for the Village of Fairwater.
(3)
Attend sessions of the Municipal Court that is responsible for hearing
Fairwater City Code violations and, where necessary, appear in Fond
du Lac County Circuit Court when the same may be required.
(4)
Work with the Fond du Lac County Sheriff's Department and the
Fond du Lac County District Attorney's office in the protection
of the Village of Fairwater, its inhabitants and the property of the
individuals residing in or located within the Village of Fairwater.
(5)
Enforce any and all ordinances as may currently exist within the
Village of Fairwater, or may be enacted in the future with regard
to the maintenance of public peace and order and also with regard
to any and all zoning violations or violations of any other building
or other municipal codes requiring the Village to take enforcement
action to seek compliance with the applicable codes and ordinances
established or adopted by the Village of Fairwater.
(6)
Keep records depicting the specific nature of said Constable's
hours, activities and whereabouts in the performance of the Constable's
duties for which compensation is requested. Such records shall be
filed within a reasonable amount of time prior to the regular monthly
meetings of the Village Board of the Village of Fairwater. The compensation
for services performed by the Constable shall be set on an annual
basis by the Village Board.
(7)
When requested, attend Village Board meetings and such other Village
functions as the Village Board may determine appropriate for the services
to be performed by the Village Constable.
