[HISTORY: Adopted by the Common Council of
the City of New Berlin 10-10-2000 by Ord. No. 2124 as Secs. 1.01 through
1.04, 1.06, 1.07, 1.13 and 1.14 of the Municipal Code. Amendments
noted where applicable.]
The City operates under the Mayor-Council form
of government under Ch. 62, Wis. Stats.
A.
Commencing at the spring election of 1981, the Mayor
shall be elected for a term of four years. The term of office of the
Mayor shall commence on the third Tuesday of April in the year of
election.
B.
Commencing at the spring election of 1980, the Aldermen
for the first, third, fifth and seventh Aldermanic districts of the
City shall be elected for a term of three years. The term of office
of such Aldermen shall commence on the third Tuesday of April in the
year of election.
C.
Commencing at the spring election of 1981, the Aldermen
for the second, fourth and sixth Aldermanic districts of the City
shall be elected for a term of three years. The term of office of
such Aldermen shall commence on the third Tuesday of April in the
year of election.
D.
Regular meetings of the Common Council shall be held
on the second and fourth Tuesdays of each month. The Common Council
shall meet as a Committee of the Whole, for the purpose of discussion,
on the second and fourth Tuesdays of each month prior to the Common
Council meeting and/or at such other times as duly called. All Common
Council meetings, whether regular, special, Committee of the Whole
or adjourned, shall be held at the New Berlin City Hall unless another
location is determined by the Common Council at a previous meeting,
and shall be scheduled at such times or be subject to cancellation
or adjournment as shall be determined from time to time by the Council.
[Amended 10-23-2001 by Ord. No. 2148]
[Amended 7-28-2009 by Ord. No. 2411]
The following City officials shall be appointed
by the Mayor subject to confirmation by the City Council for the terms
indicated.
A.
City Attorney.
The City Attorney shall be appointed pursuant to the provisions of
this section; however, the person so appointed shall be a member of
the firm with whom the City has contracted to provide its general
legal services. The term of appointment shall be equal to the length
of the period during which such firm is to provide the City’s
general legal services, and said term shall begin on January 1 of
the year of appointment.
B.
Weed Commissioner.
The Weed Commissioner shall serve for a term of one year, which term
shall begin on May 1 of the year of appointment.
A.
Supervision. The following directors shall have supervision
over the following departments and personnel:
(1)
Streets Division: Director of Utilities and Streets
Operations.
[Amended 7-23-2002 by Ord. No. 2180]
(2)
Engineering Department: Director of Community Development.
(3)
Building, Inspection and Zoning Department and maintenance
of City buildings and grounds: Director of Building, Inspection and
Zoning.
(4)
Utilities (sewer and water): Director of Finance and
Administration.
[Amended 7-23-2002 by Ord. No. 2180]
B.
Duties.
(2)
The directors shall supervise and direct all capital
planning and building programs except those specified as being within
the other jurisdictions.
(3)
The City Engineer shall prepare specifications for
all public works and equipment.
(4)
The City Engineer shall be in charge of and supervise
all public works and shall make recommendations therefor to the City
Council.
(5)
The director shall prepare budget recommendations
for the department under the director's supervision.
(6)
The director shall have such other duties and functions
as may be imposed upon the director from time to time by the City
Council.
C.
Records and reports. Each of the respective directors
shall maintain cost accounting records for all purchases by their
departments and in connection with all contracts for public works,
the purchase of equipment and all expenditures made from municipal
services under the director's jurisdiction. The director shall make
reports with reference to the director's duties as requested from
time to time by the City Council.
[Amended 2-15-2001 by Ord. No. 2130]
A.
The following elected officers shall be paid the salaries
and allowances for their terms of office as hereinafter provided in
full compensation for their services as such officers:
(1)
Mayor.
(a)
The Mayoral salary effective May 1, 2017, shall be $88,900.40 per
year, which shall be paid in biweekly installments.
[Amended 1-28-2009 by Ord. No. 2404; 11-27-2012 by Ord. No.
2500; 5-23-2017 by Ord. No. 2586]
(b)
Expense allowance. An expense allowance is awarded
in the amount of $100 per month and use of a City vehicle.
(c)
The City contributes the employer contribution of
the Wisconsin Retirement Fund for the Mayor; however, the Mayor is
responsible to make his or her own contribution to said fund in accordance
with applicable law. All eligibility and benefits are governed by
the Wisconsin Statutes and the rules of the Wisconsin Retirement System.
The City shall pay for life insurance, accidental death and dismemberment
coverage and health insurance.
[Amended 11-27-2012 by Ord. No. 2500]
(2)
Aldermen.
(a)
Salary. Each Alderman shall be paid $6,100 annually,
payable monthly. Effective April 20, 1999, the salary for Aldermen
shall be $7,000 annually for the Aldermen elected in 1999. The Aldermen
elected in 2001 shall receive $7,000 annually upon installation.
(b)
Expense allowance. An expense allowance is awarded
in the amount of $100 per month. Effective April 20, 1999, the expense
allowance shall be $250 per month for the Aldermen elected in 1999.
The Aldermen elected in 2001 shall receive $250 per month upon installation.
(c)
Aldermen shall have health, accident and life insurance
coverage available, provided they pay to the City the full cost thereof.
(3)
Council President. Additional salary for the Council
President shall be in an amount of $600 annually, payable monthly.
(4)
Municipal Judge.
(a)
Effective May 1, 2017, the Municipal Judge shall be paid the sum
of $28,368.88 annually, in monthly installments.
[Amended 11-27-2012 by Ord. No. 2500; 5-23-2017 by Ord. No. 2586]
(b)
The City shall pay for the Municipal Judge single
health and accident insurance coverage.
(c)
The Municipal Judge shall have life insurance coverage
available, provided that the Judge pay to the City the full cost thereof.
B.
Continuing health insurance coverage upon retirement.
Upon their retirement from the City of New Berlin, elected officers
shall be given the option of continuing their health insurance coverage
through the City of New Berlin Health Insurance Plan, at their own
expense, providing all of the following conditions are met:
(1)
They have given at least 20 years of continuous service
to the City of New Berlin prior to their retirement;
(2)
They have reached at least 65 years of age; and
(3)
They have been insured through the City of New Berlin
Health Insurance Plan for at least five consecutive years immediately
preceding their retirement.
The Council shall provide for a working day
of not more than eight hours in each 24 except in cases of positive
necessity by some sudden and serious emergency, which, in the judgment
of the Chief of Police, demands that such work day shall be extended
beyond the eight-hour period at such time; and when such emergency
ceases to exist, all overtime given during such emergency shall be
placed to the credit of such policeman, and additional days of rest
given therefor, unless such policeman has been compensated for such
overtime as authorized by the Council.
[Amended 6-19-2001 by Ord. No. 2142; 7-23-2002 by Ord. No.
2180; 1-26-2010 by Charter Ord. No. 8]
A.
The Director of Finance shall perform the duties statutorily required
of the City Treasurer-Comptroller except as expressly provided for
hereunder.
B.
The position of Director of Finance shall be filled by Mayoral appointment
subject to confirmation by the Common Council. In making this appointment
the Mayor shall receive the recommendation from a selection committee
comprised of the Human Resource Director, a citizen member who has
background or experience in accounting financial investment or management,
two City of New Berlin department heads who would work frequently
and interact with the Finance Department, the Finance Director, Treasurer
or Comptroller of another City of similar size to the City of New
Berlin, and a representative from the City's Financial Consultant
or Auditor. Said Committee shall make a recommendation of the final
candidates for the position of Director of Finance to the Mayor.
C.
Under its home rule powers the City of New Berlin chooses not to
be controlled by the provisions of § 62.09(10), Wis. Stats.
The references in the Municipal Code to the position of Treasurer
or City Treasurer are hereby considered to be references to the Director
of Finance.
A.
Pursuant to § 895.46, Wis. Stats., if the
defendant in any action or special proceeding is a City officer or
employee, past, present or future, and is proceeded against in an
official capacity or as an individual because of acts committed while
carrying out duties as an officer or employee, and the jury, judge
or City Council finds that the defendant was acting within the scope
of his employment, the judgment as to damages and costs entered against
the officer or employee in excess of any insurance applicable to the
officer or employee shall be paid by the City.
B.
Also pursuant to § 895.46, Wis. Stats.,
regardless of the results of litigation, the City, if it does not
provide legal counsel to the defendant officer or employee, shall
pay reasonable attorney fees and the costs of defending the action,
unless it is found by the court, jury or City Council that the defendant
officer or employee did not act within the scope of employment.
C.
Officers and employees are as defined in § 62.09(1),
Wis. Stats., and shall include Aldermen.
D.
If an officer, employee or Alderman has joined or joins litigation in which the City is a party in order to raise issues which the City may be prohibited from raising but which the officer, employee or Alderman can raise in an individual capacity, such officer, employee or Alderman shall have the protections set forth in Subsections A and B above and shall be reimbursed for reasonable attorney's fees and costs, and the City shall satisfy any judgment entered against such officer, employee or Alderman.
A.
Pursuant to §§ 62.09(1), 62.09(3)(b)
and 66.0101, Wis. Stats., the City of New Berlin hereby elects not
to be governed by those portions of § 62.09(3), Wis. Stats.,
which relate to the selection and tenure of the Assessor and Engineer
and which are in conflict with this section.
B.
Hereafter, instead of being appointed as provided
in § 62.09(3)(b)(2), Wis. Stats., the Assessor and Engineer
of the City of New Berlin shall be appointed by the Mayor, subject
to confirmation by the Council, the selection to be made as provided
by § 62.09(3)(b)(5), Wis. Stats., from an eligible list
established pursuant to § 66.0509, Wis. Stats.
C.
Said Assessor shall hold office for an indefinite
term, commencing January 1, 1964, subject to removal as provided by
law.
D.
Said Engineer shall hold office for an indefinite
term, subject to removal as provided by law.
[Added 1-14-2003 by Ord. No. 2192]
A.
All individuals who apply for employment with the City and who are conditionally offered a position with the City shall submit to a criminal background check. Any information obtained through the background investigation shall be evaluated for substantial relationship to the circumstances of the job as determined by the City consistent with Chapter 111 of the Wisconsin Statutes, as amended.
B.
The criminal background checks shall be performed
at the request of the Director of Human Resources or an authorized
officer of the City and shall be performed by the New Berlin Police
Department through the appropriate databases.
C.
Requests for preemployment criminal background checks
shall only be made for the specific purposes identified in this section,
and any information provided thereby shall remain confidential consistent
with the applicable provisions of state and federal law.
[Added 1-26-2010 by Charter Ord. No. 9]
A.
The City Clerk shall perform the duties pursuant to the Wisconsin
Statutes as well as those in this Code.
B.
The position of City Clerk shall be filled by Mayoral appointment
subject to confirmation by the Common Council.
C.
In making this appointment, the Mayor shall receive the recommendation
from a selection committee comprised of the Human Resource Director;
a citizen member who has background or experience in municipal government,
if available; two City of New Berlin department heads who would work
frequently and interact with the City Clerk's office; the City
Clerk of another city or village of similar size to the City of New
Berlin or a consultant who deals regularly with the City Clerk's
office.
[Added 9-26-2017 by Ord. No. 2595]
Those officers and employees of the City who are required to
provide evidence of a fidelity bond as required under this Code or
under state law may, in lieu of the providing of evidence of such
a fidelity bond, provide evidence of coverage under a dishonesty insurance
or other appropriate insurance policy issued by a surety company authorized
to do business within the State of Wisconsin prior to the performance
of any of the duties provided for under this position. The limits
of the dishonesty insurance policy shall be not less than $10,000.
The cost of such bond or insurance premium shall be paid by the City.
