[Adopted 8-10-1993 by Ord. No. 93-7]
This article sets forth various duties of the office of Town
Clerk, in addition to those specified under the Wisconsin Statutes,
including §§ 60.33 (general duties), 66.0607 (Withdrawal
or disbursement from local treasury), Chapter 125 (alcohol licensing),
and various election sections (basically, Chapters 6 through 10).
This article is not intended to conflict with any other existing Town
ordinance or repeal any existing provision, and if in conflict with
state mandated law, the article shall be ineffective in that portion
in conflict only.
Except for closed sessions of the Board, pursuant to § 19.85,
Wis. Stats., and only if the Town Board excludes the Clerk, the Clerk
is to attend all meetings of the Town Board, board of review and Town
(elector) meetings, and is responsible for taking of minutes and their
preparation for review at the next succeeding meeting of the Town
Board. Any corrections or amendments at a later meeting shall be followed
through by the Clerk, who may keep an initial draft and corrected
version if both are labelled in such fashion.
The Clerk may appoint a deputy to act in his or her absence or unavailability, or in the event a personal conflict of interest exists on any particular issue by reason of personal or immediate family involvement, using the guidelines set forth in § 7-11 shall be used, or the Town Board may determine personal conflict following consultation attempt with the Clerk. In the event a deputy is named, the Clerk shall immediately notify the chairperson, and the Town Board shall consider an appropriate bond amount to be set for the deputy, who shall be sworn in pursuant to state law (currently, §§ 19.01 and 60.31, Wis. Stats.). The Clerk is responsible for any financial remuneration of the deputy unless budgetary planning by the Town Board has taken or does take such obligation into account so that funds are available for such use. In all portions of this article, the term "Clerk" shall include the deputy, unless forbidden under state law or contrary to express Board direction limiting such duties.
The Clerk may, in his or her discretion, make a poll list at
elector meetings, including addresses to determine eligibility of
any or all persons present to move, second, or vote. The chairperson
may direct this be done at such a meeting, having the power to preside
thereat. A partial list of addresses may be kept, excluding elected
officials and long term, as they are required to be electors by state
law.
The Clerk is the Town's lead person for this employee program,
and is expected to maintain communication with the Town's carrier,
and cooperate with respect to reporting injuries and information deemed
pertinent in good faith by the insurer. Information shall be conveyed
to the Town Board concerning developments in cases that are significant,
and whenever directed by the Board. Any doubt as to what is significant
shall result in disclosure to the Board.
The Clerk shall sign all payments directed by the Town Board
to be made, unless clearly contrary to state law or court order. A
list of bills reviewed, and approved as to form for payment, shall
be submitted to the Town Board for its review on a timely basis, except
those items for which the Board has authorized summary payment procedures
without Board approval.
The Clerk shall assist in budget preparation as the Board directs.
Unless otherwise directed, in October the Clerk will prepare a summary
showing the prior year's budgeted figures and total expenses for each
category in that budget or set by state law, the figures through at
least the first eight months of the current year, and a listing of
expenses over the last portion of the year known to the Clerk, if
any, along with additional space for the Town Board to insert estimates
for the following year and current year-end totals. During each year,
the Clerk shall keep the Board advised, at least quarterly, as to
the budget items, and the funds budgeted remaining available. Whenever
any general budgetary category is at least 90% exhausted, or earlier
if the Board directs, the Clerk shall notify the Board so that budgetary
adjustment may be considered. This is not contemplated within a statutory
budget category except for budget planning purposes. Example: Notify
the Board as to cemetery budget status, but notice is not required
if lawn mowing costs more and utilities at the site cost less. The
Board must authorize transfers between categories, i.e., cemetery
to fire protection.[1]
The Clerk administers sale and administration of Town cemetery
plots and shall distribute a copy of current Town ordinance(s) concerning
same to any applicant and determine whether such applicant qualifies
for such sale. The Clerk is authorized to prepare related deeds for
Board approval, and shall keep local funeral homes advised as to requirements
for burial. The Clerk shall arrange for recording of any approved
deed, following execution, with the Shawano Register of Deeds office,
using the recording fees collected from the applicant at the time
of application.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Clerk shall keep records and apply for state or other grant
funds as state law or the Board directs, for the purpose of reducing
local taxpayer cost in the administration of such programs. Records
will be kept as to weight for recyclables hauled to the City or other
chosen disposal site, or sold to a Town contractor. Funds received
for said program will be directed to the Town Treasurer.
The Clerk is the official custodian of work-related records
and shall review them to catch obvious errors or alert an employee,
the Town Board, or the supervisor overseeing the particular area of
Town operation involved, so that any factual questions may be cleared
up, for promotion of efficient Town operations. The Clerk shall prepare
tax-related and benefit-related forms for employees, unless the Board
directs otherwise.
The Clerk will submit any refund request for fuel tax allowed
by law. Presently, federal tax refunds occur after the amount paid
in by the Town exceeds $500 for any quarter, combination of calendar
quarters, or following calendar year completion.[1]
The Clerk shall prepare a report of Town activities of the prior
calendar year showing financial status for submission to the annual
Town meeting of electors, and present the same for review.
Maintain a file on special charges passed on by other governmental
agencies, such as a lake management district, Shawano Municipal Utilities,
and possibly others.
Maintain a file or master listing of Forest Crop, Woodland tax,
Managed Forest Act, and other low tax programs where information is
provided by the Department of Natural Resources. Furnish information
to the Town Board as to changes at least annually. Reconcile Town
and state records, including on tax forms, including Town income from
timber harvest.
Collect and report sales tax when applicable from persons and
pay to the state.
Complete on a timely basis forms from the state relating to
tax information. Provide special charge and Town tax information for
tax bill printing on a timely basis.
Attend sessions, be a voting member if a resident appointed
by the Town Board (where no conflict of interest exists), keep minutes,
administer tape recording or other recordkeeping method, furnish copies
of records requested pursuant to state law and Town policies. Make
changes to assessment rolls and comply with related statutory procedures
for clerks in Chapters 70, 74 or their successors.
Administer any license duty assigned by state law or authorized
by Town Board action.
Timely alert Board members and any applicable insurance contact
when a damages claim or legal action is filed against the Town.
Unless the Town Chairperson withdraws designation for meeting
notices, arrange for notification of the public and media as set forth
under the Wisconsin Open Meeting Law, § 19.81 et seq., Wis.
Stats. Have copies prepared of the agenda and related items for Board
members, the Town Attorney if attending meetings, the Treasurer as
to pertinent information, and distribute these before the meeting
to allow review.
Be bonded to the level required by the Board, and file bonds
of officials in a safe location. Answer correspondence or direct it
to the appropriate official or Board concerning bonding matters.[1]
Arrange for publication of bids being sought, disseminate information
approved by the Board or its representative overseeing the project,
receive bids when contemplated by the Board and secure them in accordance
with state law and local procedure.
Within Town boundaries, the Clerk has the power to administer
oaths, as a notary public would, with a termination date of the final
day of the current term (second Monday in April of next odd numbered
year), per § 887.01, Wis. Stats.
On a periodic basis, reconcile financial records with the Treasurer
and report any discrepancies to the Town Board.
The Clerk shall prepare any form required by the state to receive
highway aids, including Schedule C, and any shared revenue form.
The Clerk shall distribute, free of charge, a copy of this article
to any person taking out nomination papers for this office, or under
consideration for filling a vacancy in the Office of Clerk, and to
any Deputy Clerk or person considering such office.
From time to time, the Board or electors may set other duties,
pursuant to § 60.33(11) or other authority, and the Clerk
will make a good faith effort to cooperate in furtherance of efficient
Town governmental services being provided.
