[HISTORY: Adopted by the Village Board of
the Village of Orfordville 3-31-1992 as §§ 2-3-1 to 2-3-10 and 2-3-13 to 2-3-18
of the 1992 Code. Amendments noted where applicable.]
A.
General powers. Officers shall have generally the
powers and duties prescribed for like officers of towns and villages,
except as otherwise provided, and such powers and duties as are prescribed
by law and, except as to the Village President, shall perform such
duties as shall be required of them by the Village Board. Officers
whose powers and duties are not enumerated in Ch. 61, Wis. Stats.,
shall have such powers and duties as are prescribed by law for like
officers or as are directed by the Village Board.
B.
Rules. All officers and departments may make the necessary
rules for the conduct of their duties and incidental proceedings.
D.
Legal representation. Whenever a Village official
in his official capacity proceeded against or obliged to proceed before
any civil court, board or commission to defend or maintain his official
position, or because of some act arising out of the performance of
his official duties, and he has prevailed in such proceedings, or
the Village Board has ordered the proceedings discontinued, the Board
may provide for payment to such official of such sum as it sees fit
to reimburse him for the expenses reasonably incurred for costs and
attorney fees.
A.
The Village officials hereinafter set forth shall
be appointed by the Village President, subject to confirmation by
a majority vote of the Board, and one or more of said offices may
be held by the same person. Persons appointed to perform the duties
of the following offices shall hold office for an indefinite term,
subject to removal as provided by § 17.12(1)(c) and (d),
Wis. Stats.
B.
The Village President shall not vote on the confirmation
of such appointments, except in case of a tie.
A.
Consolidated offices. Pursuant to §§ 61.195,
61.197 and 66.0101, Wis. Stats., the Village hereby elects not to
be governed by those portions of §§ 61.19, 61.23 and
61.25(2), Wis. Stats., which relate to the selection and tenure of
the Clerk and Treasurer and which are in conflict with this section.
B.
Appointment. The office of Village Clerk-Treasurer shall be filled by appointment in the manner of other appointed officials as provided in § 65-2.
C.
Duties. The Village Clerk-Treasurer shall perform
the statutory duties of Village Clerk and Treasurer and such other
duties as required by the Village Board.
[1]
Editor's Note: This section was originally
adopted by charter ordinance.
The Village President may appoint a Deputy Clerk-Treasurer(s),
subject to confirmation by a majority of all the members of the Village
Board. The Deputy Clerk-Treasurer(s) shall have an indefinite term
of office. The Deputy Clerk-Treasurer(s) shall act under the Village
Clerk-Treasurer's direction and, during the temporary absence or disability
of the Village Clerk-Treasurer or during a vacancy in such office,
shall perform the duties of Village Clerk-Treasurer. The acts of the
Deputy(s) shall be covered by official bond as the Village Board shall
direct.
A.
Appointment. The Village Attorney is an appointed position. The Village Attorney shall be appointed pursuant to § 65-2, except the Village Attorney shall serve at the pleasure of the Board.
B.
Duties. The Village Attorney shall have the following
duties:
(1)
The Village Attorney shall conduct all of the legal
business in which the Village is interested.
(2)
He shall, when requested by Village officers, give
written legal opinions, which shall be filed with the Village.
(3)
He shall draft ordinances, bonds and other instruments
as may be required by Village officers.
(4)
He may appoint an assistant, who shall have power
to perform his duties and for whose acts he shall be responsible to
the Village. Such assistant shall receive no compensation from the
Village, unless previously provided by ordinance.
(5)
The Village Attorney shall perform such other duties
as provided by state law and as designated by the Village Board.
C.
The Village Board may employ and compensate special
counsel to assist in or take charge of any matter in which the Village
is interested.
A.
Appointment.
(1)
The Chief of Police shall be appointed by a majority
vote of the members of the Village Board for an indefinite term, subject
to removal by a two-thirds vote of the members of the Board, pursuant
to the procedures established in § 61.65(1)(am), Wis. Stats.
The Chief shall exercise the powers and duties of Village marshals
and Village constables and any other powers and duties prescribed
by the Village Board, Village ordinances or the Wisconsin Statutes.
Upon a permanent vacancy, an officer designated by the Board shall
temporarily replace the Chief until the vacancy is filled by the Village
Board.
(2)
The compensation to be paid the Chief of Police for
his services, the hours of active duty, rest days, vacation periods
and other involvement of his employment shall be such as may be determined
by the Village Board from time to time. In the event of vacation or
temporary disability, the Chief of Police shall appoint an officer
in charge to act in the Chief's absence.
A.
Appointment. The Fire Chief shall assume office pursuant
to the bylaws of the Fire Department. He shall be the Village Fire
Inspector by virtue of his office.
B.
Powers and duties of Chief.
(1)
The Chief shall have general supervision of the Department,
subject to this chapter and the bylaws of the Department, and shall
be responsible for the personnel and general efficiency of the Department.
(2)
It shall be the duty of the Chief or ranking officer
of the Department to be present at all fires, to have complete command
of and entire responsibility for all fire-fighting operations, to
plan the control of the same, to direct the action of the company
when it arrives at a fire, to observe that the Department does its
duty, to grant leaves of absence at a fire when he may deem it proper
and to see that the fire apparatus is kept in proper condition at
all times.
The Weed Commissioner shall be appointed by
the Village President, subject to Village Board confirmation. The
term of office of the Weed Commissioner shall commence on the first
day of May following his appointment. The Weed Commissioner shall
take the official oath, which oath shall be filed in the office of
the Village 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. The Director of Public Works shall be
appointed by the Village President, subject to confirmation by a majority
vote of the Village Board, on the basis of merit, training, experience,
administrative ability, efficiency and general qualifications and
fitness for performing the duties of the position.
C.
Duties and powers. The Director of Public Works shall
have the following duties and powers:
(1)
Public works duties. The Director of Public Works
shall:
(a)
Hire and dismiss public works employees upon concurrence
of the Village Board.
(b)
Inform employees of Department standards and administrative
rules of conduct and performance and take disciplinary action against
employees who do not meet or follow these standards.
(c)
Schedule all employees' work hours, vacation and training.
(d)
Train all new public works employees.
(e)
Administer all day-to-day operations of snow removal,
refuse collection, lawn moving, street patching, water leak repairs,
park maintenance, etc.
(f)
Supervise the operation and maintenance of the wastewater
treatment and water utility systems.
(g)
Supervise the building, repair or replacement of Village
buildings, streets, storm sewers, sanitary sewers, water mains, culverts,
bridges, lift stations and wells.
(h)
Ensure that all equipment is regularly maintained
and inspect any work done on Village-owned or -leased equipment.
(i)
Prepare public works, sewer utility and water utility
budget estimates and control expenditures or appropriations.
(j)
Approve all Department purchases and repairs.
(k)
Coordinate all Village recycling activities.
(l)
At times, when requested by the Village President
or the Village Board, attend regular or special Board meetings and
Plan Commission and Zoning Board of Appeals meetings.
(2)
Administrative and personnel duties. The Director
of Public Works shall:
(a)
Participate in all labor negotiations between the
Village and the Village public works employees.
(b)
Analyze, evaluate and measure the performance of the
Department of Public Works and other areas of responsibility and make
recommendations to the Village Board.
(c)
Keep the Village Board informed of any changes in
state and federal legislation affecting the Village.
(d)
Investigate all complaints pertinent to the Department
of Public Works.
(e)
Perform any other duties prescribed by the state statutes
or as may be lawfully ordered by the Village President and/or Village
Board.
A.
Pursuant to §§ 61.195, 61.197 and 66.0101,
Wis. Stats., the Village hereby elects not to be governed by those
portions of §§ 61.19 and 61.23, Wis. Stats., which
relate to the selection and tenure of the Village Assessor and which
are in conflict with this section.
B.
Hereafter, instead of being elected, the Assessor
or assessing firm shall be appointed by the Village President, subject
to confirmation by a majority vote of the members-elect of the Village
Board. Said person so appointed to perform the duties of such office
shall serve as determined by contract. A corporation or an independent
contractor may be appointed as the Village 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. No person may be designated by any corporation or independent
contractor unless he has been granted the appropriate certification
under § 73.09, Wis. Stats. For purposes of this subsection,
"independent contractor" means 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]
Editor's Note: This section was originally
adopted by charter ordinance.
A.
Qualifications.
(1)
There are created the positions of Building Inspector,
Electrical Inspector, Heating, Ventilating and Air-Conditioning (HVAC)
Inspector, and Plumbing Inspector. One person may be appointed to
serve in all capacities.
(2)
Each Inspector shall:
(a)
Be of good moral character.
(b)
Possess such executive ability as is requisite
for the performance of his duties and have a thorough knowledge of
the standard materials and methods used in the installation of equipment
in his area of responsibility.
(c)
Be well versed in approved methods of construction
for safety to persons and property, the statutes of the State of Wisconsin
relating to work in his area of responsibility, and any orders, rules
and regulations issued by authority thereof.
(d)
Have sufficient experience in the installation
of equipment to enable him to understand and apply the appropriate
codes adopted by the Village of Orfordville.
(3)
Certification.
(a)
Each Inspector shall be certified by the State
of Wisconsin in his area of responsibility.
(b)
The Building Inspector shall be certified by
the Wisconsin Department of Commerce to administer and enforce all
the provisions of the Wisconsin Uniform Dwelling Code.
(c)
The Electrical Inspector and his assistant inspectors
shall be certified by the State of Wisconsin as electrical inspectors.
B.
Appointment and general powers.
(1)
The Plumbing Inspector, Electrical Inspector, HVAC
Inspector and Building Inspector shall be appointed by the Village
President and confirmed by the Village Board.
(2)
Each Inspector shall enforce the provisions of this
Code and all other ordinances and laws and orders of the State of
Wisconsin which relate to building construction, plumbing, HVAC and
electrical installations, subject to the respective authority of each
Inspector as set forth in this section and other chapters of the Village
Code.
(4)
Any person feeling himself aggrieved by any order or ruling of an Inspector may, within 20 days thereafter, appeal from such order or ruling to the Zoning Board of Appeals, as established in the Chapter 320, Zoning, such an appeal to be in writing.
(5)
Each Inspector shall be subject to removal from office
during his term for cause after a hearing by the Village Board.
C.
Additional assistants. Each Inspector may employ,
subject to approval of the Village Board, any assistant inspectors
necessary for the proper conduct of his office and the inspection
of installations in his area of responsibility.[2]
D.
Electrical Inspector or assistants not to be in electrical
business. The Electrical Inspector and his assistant inspectors shall
not engage in the sale, installation or maintenance of electrical
equipment, either directly or indirectly, and they shall have no financial
interest in any concern engaged in such business in the Village at
any time while holding such office as herein provided.
E.
Authority to enter premises.
(1)
In the discharge of their respective duties, each Inspector under this section or his authorized agent may enter any building, upon presentation of the proper credentials, during reasonable hours for the purpose of inspection and may require the production of any permit or license required hereunder. No person shall interfere with the Inspector or his authorized agent while in the performance of his duties, and any person so interfering shall be in violation of this section and subject to a penalty as provided by Chapter 1, General Provisions, § 1-5.
(2)
If consent to entry to personal or real properties
which are not public buildings or to portions of public buildings
which are not open to the public for inspection purposes has been
denied, the Inspector shall obtain a special inspection warrant under
§ 66.0119, Wis. Stats.
G.
Stop-work orders and revocations. Each Inspector may
order construction, installation, alteration or repair work stopped
when such work is being done in violation of this Code. Work so stopped
shall not be resumed except with written permission of the Inspector,
provided that if the stop-work order is an oral one it shall be followed
by a written order within a reasonable period of time.
A.
No person shall be elected by the people to a Village
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 Village and, in case
of a ward office, of the ward, and actually residing therein.
B.
An appointee by the Village President, required to
be confirmed by the Village Board, who shall be rejected by the Board
shall be ineligible for appointment to the same office for one year
thereafter.
A.
General. Every officer of the Village, including members
of Village boards and commissions, shall, before entering upon his
duties and within five days of his election or appointment or notice
thereof, take the oath of office prescribed by law and file such oath
in the office of the Village Clerk-Treasurer, provided that the Municipal
Judge shall take his official oath within 10 days after his election
and file it with the Rock County Clerk of Circuit Court prior to acting
as Judge. Any person reelected or reappointed to the same office shall
take and file an official oath for each term of service.
B.
Form; procedure. The form, filing and general procedure
for the taking of oaths shall be governed by Ch. 19, Subchapter I,
Wis. Stats.
A.
How occurring. Except as provided in Subsection C below, vacancies in elective and appointive positions occur as provided in §§ 17.03 and 17.035, Wis. Stats.
B.
How filled. Vacancies in elective and appointive offices
shall be filled as provided in § 17.24, Wis. Stats.
C.
Temporary incapacitation. If any officer is absent
or temporarily incapacitated from any cause, the Board may appoint
some person to discharge his duties until he returns or until such
disability is removed.
Village officers must observe the standards
of care imposed by § 19.21, Wis. Stats., with respect to
the care and custody of official property.
[Added 8-22-2011]
A.
Grievance policy. It is the policy of the Village to prevent the
occurrence of grievances and to deal promptly with those that occur
in a fair and equitable manner. Employees are encouraged to use the
following process to seek redress of grievances.
B.
Discipline. Discipline may result when an employee's actions
do not conform with generally accepted standards of good behavior,
when an employee violates a policy or rule, when an employee's
performance is not acceptable, or when the employee's conduct
is detrimental to the interests of the Village. Disciplinary action
may call for any of four steps -- verbal warning, written warning,
suspension (with or without pay) or termination of employment -- depending
on the problem and the number of occurrences. There may be circumstances
when one or more steps are bypassed. Certain types of employee problems
are serious enough to justify either a suspension or termination of
employment without going through progressive discipline steps. The
Village reserves the right, in its sole discretion, to impose disciplinary
action as may be appropriate to the particular circumstances.
C.
Grievance procedure.
(1)
This section is intended to comply with § 66.0509, Wis.
Stats., and provides a grievance procedure addressing issues concerning
workplace safety, discipline and termination. This section applies
to all employees covered under § 66.0509, Wis. Stats., other
than police and fire employees subject to § 62.13(5), Wis.
Stats. An employee may appeal any level of discipline under this grievance
procedure.
(2)
For purposes of this policy, the following definitions apply:
(a)
"Employee discipline" includes all levels of progressive discipline,
but shall not include the following items:
[1]
Placing an employee on paid administrative leave pending an
internal investigation;
[2]
Counselings, meetings or other pre-disciplinary action;
[3]
Actions taken to address work performance, including use of
a performance improvement plan or job targets;
[4]
Demotion, transfer or change in job assignment; or
[5]
Other personnel actions taken by the employer that are not a
form of progressive discipline.
(b)
"Employee termination" shall include action taken by the employer
to terminate an individual's employment for misconduct or performance
reasons, but shall not include the following personnel actions:
[1]
Voluntary quit;
[2]
Layoff or failure to be recalled from layoff at the expiration
of the recall period;
[3]
Retirement;
[4]
Job abandonment, "no-call, no-show," or other failure to report
to work; or
[5]
Termination of employment due to medical condition, lack of
qualification or license, or other inability to perform job duties.
(c)
"Workplace safety" is defined as conditions of employment affecting
an employee's physical health or safety, the safe operation of
workplace equipment and tools, safety of the physical work environment,
personal protective equipment, workplace violence, and training related
to same.
(3)
Any written grievance filed under this policy must contain the following
information:
(a)
The name and position of the employee filing it;
(b)
A statement of the issue involved;
(c)
A statement of the relief sought;
(d)
A detailed explanation of the facts supporting the grievance;
(e)
The date(s) the event(s) giving rise to the grievance took place;
(f)
The identity of the policy, procedure or rule that is being
challenged;
(g)
The steps the employee has taken to review the matter, either
orally or in writing, with the employee's supervisor; and
(h)
The employee's signature and the date.
D.
Steps of the grievance procedure. Employees should first discuss
complaints or questions with their immediate supervisor. Every reasonable
effort should be made by supervisors and employees to resolve any
questions, problems or misunderstandings that have arisen before filing
a grievance.
(1)
Step 1: Written grievance filed with the department head. The employee
must prepare and file a written grievance with the Department Head
within five business days of when the employee knows, or should have
known, of the events giving rise to the grievance. The department
head or his/her designee will investigate the facts giving rise to
the grievance and inform the employee of his/her decision, if possible
within 10 business days of receipt of the grievance. In the event
the grievance involves the department head, the employee may initially
file the grievance with the Village Clerk and the grievance shall
go to Step 2.
(2)
Step 2: Impartial hearing officer. If the grievance is not settled
at Step 1, the employee may request in writing, within five business
days following receipt of the department head's decision, a request
for written review by an impartial hearing officer. The Village shall
select the impartial hearing officer. The hearing officer shall not
be a Village employee. In all cases, the grievant shall have the burden
of proof to support the grievance. The impartial hearing officer will
determine whether the Village acted in an arbitrary and capricious
manner. This process does not involve a hearing before a court of
law; thus, the rules of evidence will not be followed. Depending on
the issue involved, the impartial hearing officer will determine whether
a hearing is necessary, or whether the case may be decided based on
a submission of written documents. The impartial hearing officer shall
prepare a written decision.
(3)
Step 3: Review by the governing body. If the grievance is not resolved
after Step 2, the employee or the department head shall request within
five business days of receipt of the written decision from the hearing
officer a written review by the Village Board. The appeal shall be
filed with the Village Clerk. The Village Board shall not take testimony
or evidence; it may only determine whether the hearing officer reached
an arbitrary or incorrect result based on a review of the record before
the hearing officer. The matter will be scheduled for the Village
Board's next regular meeting. The Village Board will inform the
employee of its findings and decision in writing within 10 business
days of the Village Board meeting. The Village Board shall decide
the matter by majority vote and this decision shall be final and binding.
(4)
An employee may not file a grievance outside of the time limits set
forth above. If the employee fails to meet the deadlines set forth
above, the grievance will be considered resolved. It if is impossible
to comply with the deadlines due to meeting notice requirements or
meeting preparation, the grievance will be reviewed at the next possible
meeting date. An employee will not be compensated for time spent in
processing his/her grievance through the various steps of the grievance
procedure.
