Chapter 125 Officers and Employees

Only an elector of the Town may hold a Town office, other than an Assessor appointed under § 60.307, Wis. Stats., if the Town elects to change the office of Assessor to an appointed position.

No person may hold the offices of Town Treasurer and Town Assessor at the same time. No person may assume the office of Town Assessor unless certified by the Wisconsin Department of Revenue, under § 73.09, Wis. Stats., as qualified to perform the functions of the office of Town Assessor. If the Town reverts to a system of electing instead of appointing the Assessor and a person is elected to the office and is not certified by June 1 of the year elected, the office is vacant and the Town Board shall fill the vacancy from a list of persons certified by the Wisconsin Department of Revenue.

Notice of election. Within five days after completion of the canvass under § 7.53, Wis. Stats., the Town Clerk shall transmit a notice of election to each person elected to a Town office.

Term of office.

Every elected Town officer shall hold the office for two years.

The regular term of elected Town officers, other than the Town Assessor, if elected, commences on the third Tuesday of April in the year of their election.

[Amended 9-24-2013]

§ 125-2 Eligibility for office; incompatible offices.

The terms of elected Town officers which shall expire after 11:59 p.m. on the second Monday of April in either April 2012 or April 2013 shall be extended until the third Tuesday of April in the same year in which the terms would otherwise have expired.

[Added 3-6-2012]

Appointed officials. The following Town officials shall be appointed in the manner and for the term indicated:

Official	How Appointed	Term
Assessor	Town Board	Indefinite
Attorney	Town Board	Indefinite
Building Inspector	Town Board	Indefinite
Fire Chief/Fire Inspector	Town Board	Indefinite
Police Chief	Town Board	Indefinite
Weed Commissioner	Town Board	1 year

Any person who is a qualified elector in the Town of Woodruff may hold any elected Town office. No member of the Town Board may, during his or her term, be eligible for any Town office or Town position which, during such term, has been created by or the selection to which is vested in the Town Board. Any member of the Town Board will be eligible for such Town office or Town position if he or she resigns from the Town Board before being appointed to the Town office or Town position and if the office or position was not created during his or her term in office.

Certain Town offices are incompatible, by common law and statutory law, with other Town offices and also with other county, state or federal offices. No Town officer shall serve in both offices at the same time. If any question or concern by any person is raised to the Town Board regarding incompatibility of any office in the Town of Woodruff, the Town Attorney, at the request of the Town Board, shall review the matter and shall provide his or her written comments to the Town Board.

§ 125-3 Temporary vacancies.

If any elected Town officer, other than a Supervisor, is absent or temporarily incapacitated for any cause, the Town Board may appoint, if there is no deputy officer for the office, a suitable person to discharge the duties of the office until the officer returns or the disability is removed. Appointees shall file the official oath and bond required under § 60.31, Wis. Stats.

Vacancies on the Town Board shall be filled by appointment by the remaining Supervisors and the Town Clerk, except when the vacancy is caused by removal by the Circuit Judge as provided by law, which latter vacancy shall be filled by appointment by said Judge. Persons appointed under this subsection to fill vacancies shall hold office for the remainder of the unexpired term.

If any elected Town officer, other than a Supervisor, refuses to perform any official duty, the Town Board may appoint a suitable person to perform those duties which the officer refuses to perform. An appointee shall file the official oath and bond required of the office under § 60.31, Wis. Stats. This subsection does not preclude a finding that refusal to perform official duties constitutes cause under § 17.13(3), Wis. Stats.

§ 125-4 Official oath and bond.

[Amended 11-14-2017]

Official oath. Except as provided in Subsection D, every elected or appointed Town officer shall take and file the oath under § 19.01, Wis. Stats., within five days after notification of election or appointment. The official oath of all elected officers and appointed officers of the Town shall be filed with the Town Clerk, except that the Town Clerk shall file his or her oath with the Town Treasurer, and except that the Municipal Judge (if applicable) shall file his or her oath with the Clerk of the Circuit Court.

Official bond. The Town Clerk, Town Treasurer and elected Assessor, if applicable, shall execute and file an official bond provided by the Town. No natural person may be a surety on a bond under this subsection. The bond may be furnished by a surety company under § 632.17(2), Wis. Stats. The amount of the bond shall be fixed by the Town Board. If the amount of the bond is not fixed by the Board, the amount shall be the same as that required of the last incumbent of the office. If the Town Board at any time determines that the bond is insufficient, it may require an additional bond to be filed within 10 days in an amount fixed by the Board. If the Town Board establishes Deputy Clerk or Treasurer positions, such persons shall be bonded. The official bond shall be filed with the Town Clerk, except that the Town Clerk shall file his or her bond with the Town Treasurer, and except that the Municipal Judge (if applicable) shall file his or her bond with the Clerk of the Circuit Court.

Treasurers bond for tax collection purposes. The Town Treasurer shall execute and file a tax collector bond provided by the Town. The bond may be furnished under a surety company under § 70.67(1), Wis. Stats. The amount of the bond shall be for all taxes levied. The bond shall be filed with the County Treasurer and shall be in effect for any and all periods of time that taxes can be collected by the Town Treasurer.

Exceptions. If the Town reverts to a system of electing an Assessor and/or creates a Municipal Court:

An elected Assessor shall take and file the official oath and bond at any time between May 27 and May 31.

§ 125-5 Compensation of elective offices.

The Municipal Judges shall take and file the official oath and bond under § 755.03, Wis. Stats.

Failure to file oath or bond. If any person elected or appointed to a Town office fails to file a required official oath or bond within the time prescribed by law, the failure to file constitutes refusal to serve in office.

Established by Town Meeting or Board.

Except as provided under Subsection A(2) below, the Town Meeting shall establish the compensation of elective Town offices.

If authorized by the Town Meeting under § 60.10(2)(k), Wis. Stats., the Town Board shall establish the compensation of elective Town offices, other than the office of Supervisor or Chairperson.

Nature of compensation. Compensation under this section may be:

An annual salary.

A per diem compensation for each meeting necessarily devoted to the service of the Town and the discharge of duties. Board members or Town officials shall be the Town's authorized representative at a meeting or be attending an authorized convention/training session to be eligible for per diem compensation.

A combination of the above.

Changes during term. Subject to Subsection D, the Town Meeting or, if authorized to establish compensation, the Town Board may make a change in the compensation of an elective Town office to take effect during the term of office.

When established. Compensation under this section shall be established prior to the latest date and time for filing nomination papers for the office. After that date and time, no change may be made in the compensation of the office that applies to the current term of office.

§ 125-6 Reimbursement of expenses.

Generally. The Town Board may provide for reimbursement of expenses necessarily incurred by any officer or employee of the Town in the performance of official Town duties. The Board may determine who is eligible for expense reimbursement, which expenses are reimbursable and the amount of reimbursement. Expenses reimbursable under this section include, but are not limited to:

Traveling expenses, including mileage, lodging and meal expenses.

§ 125-7 Compensation when acting in more than one official capacity.

Costs associated with programs of instruction related to the officer's or employee's office or employment.

Manuals. The Town Board may purchase handbooks and manuals that will materially assist Town officials and employees in the performance of official duties.

Except for offices combined under § 60.305, Wis. Stats., the Town may not compensate a Town officer for acting in more than one official capacity or office of the Town at the same time.

§ 125-8 Clerk.

The Town Clerk shall:

Clerk of Town Meeting. Serve as Clerk of the Town Meeting under § 60.15, Wis. Stats.

Clerk of Town Board.

Serve as Clerk of the Town Board, attend meetings of the Board and keep a full record of its proceedings.

File all accounts approved by the Town Board or allowed at Town Meetings and enter a statement of the accounts in the Town's record books.

(c)

File with the Town Board claims approved by the Clerk, as required under § 60.44(2)(c), Wis. Stats.

Finance book. Maintain a finance book, which shall contain a complete record of the finances of the Town, showing the receipts, with the date, amount and source of each receipt; the disbursements, with the date, amount and object of each disbursement; and any other information relating to Town finances prescribed by the Town Board. The financial records a Town Clerk is expected to maintain are in addition to, not in lieu of, those a Town Treasurer is expected to maintain.

(4)

Elections and appointments.

Perform the duties required by Chs. 5 to 12, Wis. Stats., relating to elections.

Transmit to the County Clerk, within 10 days after election or appointment and qualification of any Town Supervisor, Treasurer, Assessor or Clerk, a written notice stating the name and post office address of the elected or appointed officer. The Clerk shall promptly notify the County Clerk of any subsequent changes in such offices.

(c)

Transmit to the Clerk of Circuit Court, immediately after the election or appointment of any Constable or Municipal Judge in the Town, a written notice stating the name of the Constable or Municipal Judge and the term for which elected or appointed. If the Judge or Constable was elected or appointed to fill a vacancy in the office, the Clerk shall include in the notice the name of the incumbent who vacated the office.

(5)

Sale of real property. Execute the conveyance of real property of the Town. However, prior to the sale of any property by the Town Board, the electors attending a Town Meeting must have given the Town Board authorization to do so.

(6)

Notices.

Publish or post ordinances and resolutions as required under § 60.80, Wis. Stats.

Give notice of Annual and Special Town Meetings as required under §§ 60.11(5) and 60.12(3), Wis. Stats.

(7)

Records.[1]

Comply with Subchapter II of Ch. 19, Wis. Stats., concerning any record of which the Clerk is legal custodian.

Demand and obtain the official books and papers of any Municipal Judge if the office becomes vacant and the Judge's successor is not elected or appointed and qualified or if any Municipal Judge dies. The Town Clerk shall dispose of the books and papers as required by law.

[1]

Editor's Note: See also Ch. 149, Records.

(8)

Licenses. Issue any license or permit granted by the Town Board when any required fee has been paid.

(9)

Schools.

Perform the Clerk's duties under Chs. 115 to 121, Wis. Stats., relating to public instruction.

Within 10 days after the Clerk's election or appointment, report his or her name and post office address to the administrator of each cooperative educational service agency which contains any portion of the Town. The Clerk shall report to the administrator the name and post office address of each school district clerk within 10 days after the name and address is filed in the Clerk's office.

(c)

Make and keep in the Clerk's office a map of the Town showing the exact boundaries of school districts within the Town.

(d)

Apportion, as provided by law, tax revenues collected by the Town for schools.

(10)

Highways and bridges. Perform the duties specified in Chs. 82 to 92, Wis. Stats., relating to highways, bridges and drains.

(11)

Notice of property tax revenue. Notify the Clerk of the county in which the Town is located, by March 15, of the proportion of property tax revenue and the credits under § 79.10, Wis. Stats., that is to be disbursed by the County Clerk to each taxing jurisdiction located in the Town.

(12)

Statement of indebtedness to Secretary of State. Furnish, pursuant to § 69.68, Wis. Stats., a full and complete summary of the bonded indebtedness and all other indebtedness, the purpose for which the sum was incurred and accrued interest, if any, remaining unpaid to the Secretary of State.

(13)

Managed Forest Law. Receive copies from the Department of Natural Resources of all petitions for entry under the Managed Forest Law of all lands in the Town pursuant to § 77.82(5), Wis. Stats. The Town Clerk shall receive copies of notice of hearings established pursuant to § 77.82(6), Wis. Stats., and copies of any orders issued pursuant to § 77.82(8), Wis. Stats.

(14)

Notice of cessation of operations. Receive the appropriate notice, pursuant to § 109.07, Wis. Stats., of mergers, liquidation, disposition, relocation or cessation of operations from any employer in the Town; the Town Clerk shall then immediately inform the Town Board of receipt of such information.

(15)

Receipt and publication of assessment roll. Receive the assessment roll and then publish a Class 1 notice, if applicable, or post notice under Ch. 985, Wis. Stats. The notice will provide that in the noted days the assessment roll will be open for examination by the taxable inhabitants.

(16)

Rabies control program. Promptly post notice in at least three public places in the Town pursuant to § 95.21(3), Wis. Stats., with the notices of quarantine to be furnished by the Department of Agriculture, Trade and Consumer Protection.

(17)

Prepare general statistics and annual statement of taxes. Make out and transmit to the County Clerk by year's end a statement pursuant to § 69.60, Wis. Stats., showing the assessed value of all property within the Town, all taxes levied, all special assessments made and purposes for special assessments, and a complete and detailed statement of the bonded and other indebtedness of the Town and of any accrued interest remaining unpaid and the purpose for which the indebtedness was incurred. In addition, on or before the third Monday of December, the Town Clerk shall file a statement of taxes levied with the Department of Revenue.

(18)

Make tax roll. Make out the complete list of all taxable real property, to be called the "tax roll," as required in § 70.65, Wis. Stats.

(19)

Correct tax roll. Before delivering the tax roll to the Town Treasurer and after delivering the tax roll to the Town Treasurer, correct the errors in the tax roll as required in § 70.73, Wis. Stats.

(20)

Receive assessment roll. Receive from the Assessor on or before the first Monday in May the completed assessment roll as required by § 70.50, Wis. Stats.

(21)

Drainage district. Insert in the tax roll, in a separate column, amounts certified by the Drainage Board Secretary as assessments and interest due as required under § 88.42, Wis. Stats.

(22)

In general. Perform all other duties required by law, ordinance or lawful direction of the Town Meeting or Town Board.

The Town Clerk may, pursuant to § 60.331, Wis. Stats., appoint a Deputy Clerk. The Deputy Clerk shall take and file the oath and bond as required by § 60.31, Wis. Stats. The Town Board shall determine what compensation is to be paid the Deputy Clerk.

§ 125-9 Treasurer.

The Town Treasurer, shall:

Receive and disburse Town money.

Receive and take charge of all money belonging to the Town, or which is required by law to be paid into the Town treasury, and disburse the money under § 66.0607, Wis. Stats.

Keep an itemized account of all moneys received and disbursed, specifying the source from which it was received, the person to whom it was paid and the object for which it was paid. The Town Treasurer shall issue numbered receipts for all funds received. At the request of the Town Board, the Town Treasurer shall present the account books, and any supporting documents requested, to the Board.

Deposit of Town money.

Deposit as soon as practicable funds of the Town in the name of the Town in the public depository designated by the Town Board. Failure to comply with this subsection is grounds for removal from office.

When money is deposited under Subsection B(1), the Town Clerk's and the Treasurer's sureties are not liable for any loss as defined in § 34.01(2), Wis. Stats. The interest arising from the money deposited shall be paid into the Town treasury.

Records. Comply with Subchapter II of Ch. 19, Wis. Stats., concerning records of which the Treasurer is legal custodian.[1]

[1]

Editor's Note: See also Ch. 149, Records.

Taxes. Perform all of the duties relating to taxation required of the Town Treasurer under Chs. 70 to 79, Wis. Stats.

§ 125-10 Assessor.

[Amended 5-9-2023]

Qualification.

The Assessor, or assessment firm, shall be certified by the Department of Revenue under § 73.09, Wis. Stats., as qualified to perform the functions of an Assessor. The Town Assessor is appointed for an indefinite term of office pursuant to Sec. 60.307(2), Wis. Stats.

The Town has elected to change the office of Assessor to an appointed position. Pursuant to § 60.307(2), Wis. Stats., the Assessor is appointed by majority vote of the Town Board for a term as determined by contract, but not less than one year. The Town Assessor so appointed need not be a resident of the Town of Woodruff and may hold the office of Assessor for another town or municipality with the consent of the Town Board.

Duties. The Town Assessor shall have all the statutory authority, powers and duties for property tax assessment required of the Town Assessor pursuant to Chs. 60, 66, 70 and 79, Wis. Stats. The Assessor shall begin under § 70.10, Wis. Stats., to make an assessment of all of the property in the Town liable to taxation, as prescribed by law. The Assessor shall return the assessment roll to the Town Clerk at the same time and in the same manner in which Town Assessors are required to do as required by Ch. 70, Wis. Stats.

Confidential information. Whenever the Assessor, in the performance of the Assessor's duties, requests or obtains income and expense information pursuant to § 70.47(7)(af), Wis. Stats., or any successor statute thereto, then, such income and expense information that is provided to the Assessor shall be held by the Assessor on a confidential basis, except, however, that said information may be revealed to and used by persons: in the discharging of duties imposed by law; in the discharge of duties imposed by office (including, but not limited to, use by the Assessor in performance of official duties of the Assessor's office and use by the Board of Review in performance of its official duties); or pursuant to order of a court. Income and expense information provided to the Assessor under § 70.47(7)(af), unless a court determines that it is inaccurate, is, per § 70. 47(7)(af), not subject to the right of inspection and copying under § 19.35(1), Wis. Stats.

§ 125-11 Attorney.

Appointment. The office of Town Attorney is an appointed position. The Town Attorney may be appointed by the Town Board and shall serve at the pleasure of the Board. The Town Board shall negotiate and establish the compensation in a contract for the designation, retention or employment of an Attorney based on a regular salary, per diem rate, retainer, hourly rate, or other methods agreed to by the Attorney and the Town Board.

Duties. The Town Attorney shall have the following duties:

The Attorney shall conduct all of the law business in which the Town is interested.

The Attorney shall, when requested by Town officers, given written legal opinions, which shall be filed with the Town.

The Attorney shall draft ordinances, bonds and other instruments as may be required by Town officers.

(4)

The Attorney may appoint an assistant, who shall have the power to perform his duties and for whose acts he shall be responsible to the Town. Such assistant shall receive no compensation from the Town, unless previously provided by ordinance.

(5)

The Attorney shall perform such other duties as provided by state law and as designated by the Town Board.

The Town Board may employ and compensate special counsel to assist in or take charge of any matter in which the Town is interested.

§ 125-12 Chief of Police.

Appointment. The Chief of Police shall be appointed pursuant to § 125-1.

General duties.

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 by the laws of the state and the ordinances of the Town and shall obey all lawful written orders of the Town Board.

§ 125-15 Town employees; special office positions.

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 Town engaged in any disturbance of the peace or violating any law of the state or ordinance of the Town. The Chief shall cooperate with other law enforcement officers in the arrest or apprehension of a person with a crime. The Chief of Police shall see that all laws and ordinances of the Town and state are enforced. Whenever any violation thereof shall come to his knowledge, he 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 Department and may adopt, subject to the approval of the Town 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 Department. The Chief of Police shall keep an accurate and complete record of all complaints, arrests, traffic violations, convictions and dispositions of the Department.

§ 125-13 Auditor/Accountant.

Retention. The Town Board may, pursuant to §§ 60.41 and 60.43, Wis. Stats., designate, retain or employ one or more accountants, including certified public accountants, on a temporary or continuing basis for financial matters or to represent the Town in financial matters.

Compensation. The Town Board shall negotiate and establish the compensation in a contract for the designation, retention or employment of an accountant based on a regular salary, per diem rate, retainer, hourly rate or other methods agreed to by the accountant and the Town Board.

Duties. The accountant has the duties and powers established in §§ 60.41 and 60.43, Wis. Stats., plus any additional powers and duties established pursuant to the retainer contract between the accountant and the Town Board. The appropriate bond shall be filed prior to the Town Board executing the written contract.

§ 125-14 Weed Commissioner.

The Weed Commissioner shall be appointed by the Chairperson, subject to Town Board confirmation. The term of office of the Weed Commissioner shall commence on the first day of May following his or her appointment. The Weed Commissioner shall take the official oath, which oath shall be filed in the office of the Town 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.

Town employees. The Town Board may employ on a temporary or regular basis persons necessary to carry out the functions of Town government. The Board may establish the qualifications and terms of employment, which may include the residency of the employee. The Board may delegate the authority to hire Town employees to any Town official or employee.

Residency. The following special office positions need not be Town of Woodruff residents to hold these positions (other Town officials described in this chapter shall be Town of Woodruff residents):

Town Attorney.

Town Auditor/Accountant.