[HISTORY: Adopted by the Common Council of the City of Colby 10-5-1995 as Title 2, Ch. 3, of the 1995 Code. Amendments noted where applicable.]
A. 
General powers. Officers of the City of Colby shall have generally the powers and duties prescribed for like officers of cities, towns and villages, except as otherwise provided, and such powers and duties as are prescribed by law and, except as to the Mayor, shall perform such duties as shall be required of them by the Council. Officers whose powers and duties are not enumerated in Chapter 62 of the Wisconsin Statutes shall have such powers and duties as are prescribed by law for like officers or as are directed by the Council.
B. 
Rules. All officers and departments may make the necessary rules for the conduct of their duties and incidental proceedings.
C. 
Applicability of ethics statutes. The general laws for the punishment of bribery, misdemeanors and corruption in office shall apply to City officers.
D. 
Legal representation. Whenever any City official in his/her official capacity proceeded against or obliged to proceed before any civil court, board, committee 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 has prevailed in such proceedings or the Common Council has ordered the proceedings discontinued, the Council may provide for payment to such official such sum as it sees fit to reimburse the official for the expenses reasonably incurred for costs and attorney's fees.
A. 
Appointment not to be governed by statutes. The City of Colby, pursuant to §§ 62.09 and 66.0101, Wis. Stats., hereby elects not to be governed by those portions of Ch. 62, Wis. Stats., which are in conflict with this section. (Charter Ordinance)
B. 
Combined offices. The offices of City Clerk and City Treasurer are hereby consolidated, and the duties of both offices shall be performed by the person appointed as City Clerk-Treasurer. The office of City Clerk-Treasurer of the City of Colby shall be filled by appointment by the Mayor. Such appointment must be confirmed by a 2/3 vote of the Common Council members.
C. 
Appointment and removal.
(1) 
The Clerk-Treasurer of the City of Colby shall be appointed by the Mayor subject to confirmation by the Common Council.
(2) 
Any person so appointed to the Office of Clerk-Treasurer shall be subject to removal for cause only, and any removal must be authorized by a 5/6 vote of the Common Council.
D. 
Duties. The City Clerk-Treasurer shall be responsible for performing those duties required by § 62.09(9) and (11), Wis. Stats., and for the following additional duties:
(1) 
Perform all election duties as required by Wisconsin Statutes and keep and maintain all election records and all property used in conjunction with the holding of elections;
(2) 
Publish all legal notices unless otherwise provided; file and preserve all contracts, bonds, oaths of office and other documents not required to be filed elsewhere;
(3) 
Issue all licenses required by ordinance or statute, except as otherwise provided;
(4) 
Prepare the tax roll and tax notices required by the State of Wisconsin;
(5) 
Attend meetings, take minutes and maintain files for the Common Council and such other official boards and commissions as may be directed;
(6) 
Maintain a file on all City records, ordinances, resolutions and vouchers;
(7) 
Type and distribute reports for the Council and for federal and state agencies;
(8) 
Audit and obtain approval on claims charged against the City;
(9) 
Prepare financial and bank statements;
(10) 
Assist the City Assessor in maintaining property assessment records;
(11) 
Administer oaths and affirmations;
(12) 
Maintain fiscal records for the City and serve as City Comptroller;
(13) 
Issue licenses to various vendors in City;
(14) 
Make reports to the state on assessments;
(15) 
Perform record keeping, billing, collections, banking, investments, accounting and financial reporting of all City operations, including utilities;
(16) 
Develop and implement improved internal control and financial reporting procedures as necessary or as requested;
(17) 
Collect all taxes for the City and other taxing bodies;
(18) 
Invest idle funds for maximum interest earnings;
(19) 
Prepare monthly financial report;
(20) 
Maintain payroll records and prepare payroll checks from approved employee time sheets;
(21) 
Prepare check vouchers for payment of approved claims for signature;
(22) 
Develop and implement improved internal control and financial reporting procedures as necessary or as directed;
(23) 
Coordinate the preparation and compilation of the annual City budget;
(24) 
File financial and other reports with various state agencies;
(25) 
File insurance claims on behalf of the City;
(26) 
Make property tax settlements with the County Treasurer and turn over to school district and other taxing units their proportionate share of property tax collections;
(27) 
Locate suppliers of goods or services and obtain quotes;
(28) 
Advertise for bids, receive them and summarize the results;
(29) 
Issue purchase orders;
(30) 
Identify and evaluate ideas to achieve more efficient and effective operation;
(31) 
Coordinate, supervise and conduct elections;
(32) 
Confer with Mayor, department heads and Common Council committees about projects and problems;
(33) 
Maintain personnel files;
(34) 
Perform such other duties as may be directed by Common Council.
E. 
Bond. The City Clerk-Treasurer shall execute to the City a surety company fidelity bond in an amount determined by the Common Council.
The Clerk-Treasurer may appoint a Deputy Clerk-Treasurer subject to confirmation by a majority of the members of the Common Council. The Deputy Clerk-Treasurer shall act under the Clerk-Treasurer's direction and, during the temporary absence or disability of the Clerk-Treasurer or during a vacancy in such office, shall perform the duties of Clerk-Treasurer. The acts of the Deputy shall be covered by official bond as the Common Council shall direct.
A. 
Appointment. The Office of City Attorney is an appointed position. The Mayor shall appoint a City Attorney, subject to confirmation by a majority of the members of the Common Council. The City Attorney shall serve at the pleasure of the Council.
B. 
Duties. The City Attorney shall have the following duties:
(1) 
The Attorney shall conduct all of the law business in which the City is interested and shall serve as legal advisor to the Mayor, Common Council and officers of the City.
(2) 
He/She shall, when requested by City officers, give written legal opinions, which shall be filed with the City.
(3) 
He/She shall draft ordinances, bonds and other instruments as may be required by City officials.
(4) 
He/She may appoint an assistant, who shall have 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. The Common Council may employ and compensate special counsel to assist in or take charge of any matter in which the City is interested.
(5) 
The City Attorney shall perform such other duties as provided by state law and as designated by the Common Council.
The Chief of Police shall be appointed and serve pursuant to § 120-1 of this Code of Ordinances.[1]
[1]
Editor's Note: Original § 2-3-6, Fire Chief, of the 1995 Code, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). The City is now part of the Central Fire & EMS District.
A. 
Appointment. The Director of Public Works shall be appointed by the Mayor, subject to confirmation by the Council. The Director of Public Works shall have an indefinite term of office.
B. 
Duties. The Director of Public Works shall have the following duties:
(1) 
Plan, direct and inspect the repair and maintenance of streets, curbs and gutters, sidewalks, streetlights, street trees, sewer and water services;
(2) 
Supervise plowing of snow and all phases of snow and ice control on City streets, alleys, sidewalks and public parking lots;
(3) 
Supervise the operation of the municipal garage and the repair and maintenance of City-owned vehicles and equipment;
(4) 
Schedule the daily and weekly jobs of the Public Works Department employees and make necessary modifications due to emergencies;
(5) 
Plan for the maintenance and repair of all City vehicles, machinery and equipment and is responsible for related records;
(6) 
Repair and maintain all official City sign use and traffic control marking, to be done in compliance with the State Traffic Code and local ordinances;
(7) 
Perform such other duties as may be directed by the Common Council.
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 Clerk-Treasurer, 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.
(1) 
The City of Colby 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. (Charter Ordinance)
(2) 
The City Assessor, or assessing firm, shall be appointed by the Mayor, subject to confirmation by the Council for a term established 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 Common Council from time to time.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
INDEPENDENT CONTRACTOR
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]
[1]
Editor's Note: Original § 2-3-10, Health Officer, of the 1995 Code, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
No person shall be elected by the people to a City office who is not, at the time of his 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, required 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 Common Council shall, during the term for which he 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.
A. 
Elected officials. Elected officials may be removed by the Common Council as provided in §§ 17.12(1)(a) and 17.16, Wis. Stats.
B. 
Appointed officials. Appointed officials may be removed as provided in §§ 17.12(1)(c) and 17.16, Wis. Stats.
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 official oath within 10 days after the notice of his election or appointment.
B. 
Bonds. The Clerk-Treasurer, and such other statutory officers as the laws of Wisconsin or the Common 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 Clerk-Treasurer and shall be recorded by him in a book kept by him for that purpose.