(2)
Powers and duties. The Assessor shall perform such duties as required
by state law, supervisory personnel of the Department of Revenue,
and the Town Board, and the Assessor shall attend all meetings of
the Board of Review. (See § 60.307, Wis. Stats.)
[Amended 11-26-2002]
(1)
Appointment, term and removal. The Town Clerk shall be appointed as provided in § 60.30 Wis. Stats., based on merit with due regard to training, experience, ability and general fitness for the office by majority vote of the Town Board. The Clerk shall hold office for a term as listed in § 1.02 of this chapter and is subject to removal at any time by a two-thirds vote of all the members of the Town Board. The person may be reappointed and may be dismissed by the Board only for cause as defined in § 17.001 Wis. Stats. This section, however, shall not preclude the Town Board from establishing other employment terms and conditions not inconsistent with the provisions of this section, this Code or state law (see § 1.02 of this chapter).
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(2)
Statutory powers and duties. The Town Clerk shall have such powers
and perform such duties as prescribed in § 60.33, Wis. Stats.
(3)
Other functions and duties. The Clerk, subject to limitations defined
in Wisconsin Statutes, shall have additional powers and duties as
follows:
(a)
General duties.
1.
Keep current with changes in the county, state and federal legislation
and pending legislation regarding activities in the Clerk's office.
2.
Advise the public as needed regarding information relative to the
Clerk's office.
3.
Notary Public for Town and citizens who need documents notarized.
4.
In coordination with the Chairperson and Town Administrator, prepare
the agenda for all meetings of the Town Board. Provide supporting
material that may be required.
5.
Administer oaths of office for employees and elected officials.
6.
Serve as Secretary for the Board of Review. Prepare notices and meeting
minutes, examine assessment rolls, supervise open book period, schedule
appointments and accept objections filed by appellants.
7.
Assist the Town Administrator in the maintenance of employee health
and life insurance and Town property and liability insurance. Assist
with handling claims for loss and damage. Assist in the maintenance
of property and liability claims.
8.
Maintain an efficient and effective filing system of all records
books, papers, or property belonging to, filed, or deposited in the
Clerks office in compliance with § 60.33(7) Wis. Stats.
9.
Assist the Town Administrator in the preparation of the annual Town
budget.
10.
Prepare and adhere to annual department budget for Clerk's office
and Elections.
11.
Attend all department head, commission and committee meetings
as requested.
12.
Perform such other and further duties as required by Town ordinance,
state statutes and as may be directed by the Town Administrator or
Town Board.
(2)
Powers and duties. The Town Treasurer shall have such powers and
perform such duties as are prescribed by state law and directed by
the Town Board. See § 60.34, Wis. Stats.[1]
[1]
Editor's Note: Former Subsection (3), which regarded the Town's election not to give a bond on the Town Treasurer to the Waukesha County Treasurer, of the 2005 Code, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 25, General Provisions, Art. II); see now § 3.07.
(1)
Office created. In order to provide the Town with more efficient,
effective and responsive government under a system of a part-time
Chairperson and part-time Supervisors
at a time when Town government is becoming increasingly complex and
expensive, there is created the office of Town Administrator (hereinafter
referred to as "Administrator").
(2)
Appointment, term and removal. The Town Administrator shall be appointed as provided in § 60.37(3), Wis. Stats., based on merit with due regard to training, experience, administrative ability and general fitness for the office by majority vote of the Town Board. The Administrator shall hold office for a term as listed in § 1.02 of this chapter, and the Town Board may suspend or remove the Administrator for cause as authorized in § 60.37(3) Wis. Stats. and administered in § 17.16 Wis. Stats. This section, however, shall not preclude the Town Board from establishing other employment terms and conditions that are not inconsistent with the provisions of this section or the Code.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(3)
Function and duties. The Administrator, subject to limitations defined
in ordinances of the Town and Wisconsin Statutes, shall be the chief
administrative officer of the Town responsible to the Town Board for
the proper administration of the business and affairs of the Town.
The Administrator shall have the powers and duties as follows:
(a)
General duties.
1.
Carry out all directives of the Town Board which require administrative
implementation, reporting promptly to the Town Chairperson and Town
Board any difficulties encountered therein.
2.
Be responsible for the administration of all day-to-day operations
of the Town government, including an awareness of enforcement of all
Town ordinances and state statutes.
3.
Establish, when necessary, administrative procedures to increase
the effectiveness and efficiency of the Town government according
to current practices of local government not inconsistent with Town
Board directives.
4.
Keep informed concerning current county, state, and federal legislation
and administrative rules affecting the Town and submit appropriate
reports and recommendations to the Town Board.
5.
Keep informed concerning the availability of county, state, and federal
funds for local programs. Assist department heads and the Town Board
in obtaining these funds under the direction of the Town Board.
6.
Represent the Town in matters involving legislation and intergovernmental
affairs as authorized and directed.
7.
Act as public information officer for the Town with the responsibility
of assuring that the news media are kept informed about the operation
of the Town and that the open meeting regulations are followed.
8.
Establish and maintain procedures to facilitate the communication
between citizens and Town government, to assure that complaints, grievances,
recommendations, and other matters receive prompt attention by a responsible
official and to assure that all such matters are expeditiously resolved.
9.
Institute and operate a system whereby persons having business with
the Town Board or any Town department may properly and efficiently
conduct such business.
10.
Oversee all Town-owned buildings and grounds. The Administrator
shall also administer and operate the maintenance of all Town property,
lands, buildings and equipment and the construction or improvements
undertaken either directly or indirectly by the Town.
11.
Attend all meetings of the Town Board, assisting the Chairperson
and supervisors as required in the performance of their duties.
12.
In coordination with the Chairperson and the Clerk, cause to
be prepared the agenda for all meetings of the Town Board, together
with such supporting material as may be required, with nothing herein
being so construed as to give the Administrator authority to limit
or in any way prevent matters from being considered by the Town Board.
13.
Assist in the preparation of ordinances and resolutions as requested
by supervisors.
14.
When appropriate, make recommendations to the Town Board to
improve the efficiency and effectiveness of Town government, including
changes in organizational structure and utilization of personnel.
15.
Keep the Town Board regularly informed about the activities
of the Administrator's office by oral or written reports at regular
meetings of the Board.
16.
Prepare reports and recommendations for the Town Board and advisory
boards and commissions on operational or policy matters and in any
other actions necessary to improve the overall health, safety, and
welfare of the Town.
17.
Be responsible for the administrative direction and coordination
of all employees of the Town according to established organizational
procedures.
18.
Serve as personnel officer for the Town with the responsibilities
to see that complete and up-to-date personnel records, including specific
job descriptions for all Town employees are kept, evaluating in conjunction
with department heads the performance of all employees on a regular
basis, recommend salary and wages scales for Town employees not covered
by collective bargaining agreements, develop and enforce high standards
of performance by Town employees, assure the Town employees have proper
working conditions, and work closely with department heads to promptly
resolve personnel problems and grievances.
19.
Work closely with department heads to assure that all employees
receive adequate opportunities for training to maintain and improve
their job related knowledge and skills and act as approving authority
for requests by employees to attend conferences, meetings, training
schools, etc., provided that funds have been budgeted for these activities.
20.
Be responsible for the preparation of the annual Town budget,
which requires Town Board approval for presentation to the townspeople
at the annual Town budget hearing and Town Board adoption in accordance
with such guidelines as may be provided by the Town Board.
21.
Administer the budget as adopted by the Town Board.
22.
Report regularly to the Town Board on the current fiscal position
of the Town and the status of expenditures relative to the Town budget.
23.
Supervise the accounting systems of all Town departments and
insure that these systems employ methods in accordance with current
professional accounting practices.
24.
Supervise the purchase of all materials, supplies, services
and equipment for which funds are provided in the budget.
25.
Perform such other and further duties as maybe directed from
the Town Board from time to time.
[Added 3-1-1991]
(1)
Municipal Court created. There is hereby created and established
for the Town a Municipal Court designated as "Municipal Court for
the Town of Brookfield." A permanent vacancy in the office of Municipal
Judge shall be filled under § 8.50(4)(fm), Wis. Stats. The
Municipal Court established under this section is not a court of record.
The Court shall be maintained at the expense of the Town.
(2)
Term. The Municipal Judge shall be elected for a term of four years,
which term shall commence as of May 1 of the year of election.
[Added 3-1-1994]
(3)
Oath and bond. The Municipal Judge shall, after election, take and
file the official oath as prescribed in § 757.02(1), Wis.
Stats., and at the same time execute and file an official bond in
an amount to be fixed by the Town Board. The Municipal Judge may not
act as such until the oath and bond has been filed under § 19.01(4)(c),
Wis. Stats.
(4)
Salary and fees. The Town Board shall fix a salary for the Municipal
Judge, which shall be in lieu of fees and costs. Fees and taxable
costs shall be paid into the Town treasury, as the Town Board shall
direct. The salary may be increased by the Town Board before the start
of the second or subsequent year of service of the term of the Judge
but shall not be decreased during a term. The salary of a Municipal
Judge who is designated or appointed under § 8.50(4)(fm),
Wis. Stats., or § 800.06, Wis. Stats., shall be determined
by contract between the Town and the Judge. The Judge may not serve
until the contract is entered into. Salaries may be paid annually
or in equal installments as determined by the Town Board, but no judge
shall be paid a salary for any time during which he/she has not executed
the official bond or official oath required by § 755.03
and filed under § 19.01(4)(c), Wis. Stats.
(5)
Jurisdiction.
(a)
The Municipal Court shall have exclusive jurisdiction over an action
in which the Town seeks to impose forfeiture for violation of municipal
ordinances of the Town, unless the action is transferred under §§ 800.035(5)(c)
or 800.05(3), Wis. Stats., to a court of record. If equitable relief
is demanded the Municipal Court does not have jurisdiction and the
action must be brought in a court of record.
[Amended 12-7-2021 by Ord. No. 2021-004]
(b)
The Municipal Judge may issue civil warrants to enforce matters,
which are under the jurisdiction of the Municipal Court. Municipal
Judges are also authorized to issue inspection warrants under § 66.0119,
Wis. Stats.
(c)
The Municipal Judge may order payment of restitution for violations
of ordinances in conformity with §§ 943.24 or 943.50,
Wis. Stats. The Judge shall use the restitution procedure under §§ 943.24(5)
or 943.50(5), Wis. Stats., as applicable. The Municipal Judge may
order restitution upon conviction of a nontraffic ordinance or an
ordinance authorizing restitution under § 346.65(25), Wis.
Stats., if there is injury or death, damage to property or theft.
[Amended 12-7-2021 by Ord. No. 2021-004]
(d)
Jurisdiction
over minors. Except as specifically provided in this chapter, the
statutory provisions in Ch. 938, Wis. Stats., are hereby adopted,
and by reference made a part of this chapter as if fully set forth
herein. Any future amendments, revisions, or modifications of the
statutory regulations in Ch. 938, Wis. Stats., incorporated herein
are intended to be made part of this chapter.
[Added at time of adoption of Code (see Ch. 25, General Provisions,
Art. II)]
(e)
The
Municipal Judge may issue a subpoena to require attendance before
a Municipal Judge. The subpoena may be served anywhere in the state
if authorized by the Municipal Judge, and shall require the attendance
of any witness so served. (§ 885.04, Wis. Stats.)
[Added 12-7-2021 by Ord. No. 2021-004]
(f)
The
Municipal Judge may issue a summons in municipal ordinance violation
cases, requiring a defendant to appear in court on a specific date.
[§ 800.02(4), Wis. Stats.]
[Added12-7-2021 by Ord. No. 2021-004]
(6)
Sessions of Court. The Municipal Court shall be open as directed
by the Town Board; provided, however, that in the absence of any ordinance
establishing Municipal Court hours, the Municipal Judge shall determine
when the Court shall be open.
(7)
Employees. The Judge shall, in writing, appoint such clerks and deputy clerks as are authorized by the Town Board. Their salaries shall be fixed by the Town Board. The clerks shall, before entering upon the duties of their offices, take the oath provided by § 19.01, Wis. Stats., and give a bond if required by the Town Board. The cost of the bond shall be paid by the Town. Oaths and bonds of the clerks shall be filed with the Town Clerk.
(8)
Papers, how kept. The Judge shall file and keep together all papers
in an action, separate from all other papers.
(9)
Contempt procedure.
(a)
The Municipal Judge may impose a sanction authorized under § 800.12(2)
for contempt of court, as defined in § 785.01(1), Wis. Stats.,
in accordance with the procedures under § 785.03, Wis. Stats.[1]
[1]
Editor's Note: Former Subsection (9)(b), which immediately
followed and stated that the Municipal Judge may impose a fortfeiture
for contempt, was repealed 12-7-2021 by Ord. No. 2021-004.
