Village of Waterford, WI Chapter 50 Officers and Employees

[HISTORY: Adopted by the Village Board of the Village of Waterford as §§ 1.01 through 1.29 and 11.02 of the 1998 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Authorities, boards and commissions — See Ch. 5.

Emergency Management Committee — See Ch. 17.

Fire Department — See Ch. 28.

Police protective services — See Ch. 59.

Village Board — See Ch. 76.

Article I General Provisions as to Officers; Poll Hours

§ 50-1 Elected officials; terms.

[Amended 11-22-2010 by Ord. No. 562]

The elected officials of the Village shall be the following:

Official	When Elected	Term
Village President	Odd-numbered years	2 years
6 Trustees	3 each year	2 years
Municipal Judge	Odd-numbered years	4 years

§ 50-2 Appointed officials; terms.

[Amended 6-26-2000 by Ord. No. 401; 11-22-2004 by Ord. No. 467; 1-23-2006 by Ord. No. 489; 1-14-2013 by Ord. No. 600; 9-22-2014 by Ord. No. 621; 9-28-2015 by Ord. No. 631; 8-28-2017 by Ord. No. 654]

The appointed officials of the Village shall be the following:

Official	How Appointed	Term
Attorney	Village President, subject to confirmation by Village Board	Indefinite
Building Inspector	See § 98-10A
Plumbing Inspector	See § 98-10A
Clerk	Village President, subject to confirmation by Village Board	Indefinite
Treasurer	Village President, subject to confirmation by Village Board	Indefinite
Director of Emergency Management	Village President, subject to confirmation by Village Board	Indefinite
Electrical Inspector	See § 98-10A
Engineer	Village President, subject to confirmation by Village Board	Indefinite
Fire Chief	Fire Commission	2 years
Health Officer	Board of Health	See § 50-18A
Zoning Administrator	Village President, subject to confirmation by Village Board	See § 245-59
Assessor	Village Board	2 years
Village Administrator	See § 50-23A

§ 50-3 Oath. [1]

Village officials, whether elected or appointed, shall take and file the official oath as required by Wis. Stats. § 19.01.

[1] Editor's Note: Former § 1.025, Village Administrator, which immediately preceded this section, was repealed 1-23-2006 by Ord. No. 489. See now § 50-23, Village Administrator.

§ 50-4 Removals.

[Amended 1-23-2006 by Ord. No. 489]

A. Elected officers. Elected officers may be removed by the Village Board as provided in Wis. Stats. § 17.13(2), or by the Judge of the Circuit Court, for cause, pursuant to Wis. Stats. §§ 17.13(3) and 17.16.

B. Appointed officers and officials. Unless otherwise specified in this Code, appointed officers and officials may be removed by the Village Board at pleasure by a majority vote of all the members thereof, pursuant to Wis. Stats. § 17.13(1).

C. How filled. Vacancies in elective and appointive offices shall be filled as provided in § 50-5B.

§ 50-5 Vacancies.

A. How occurring. Vacancies in elective or appointive positions are caused as provided in Wis. Stats. §§ 17.03, 17.035 and 61.27.

B. How filled. Vacancies in elective and appointive offices shall be filled as provided in Wis. Stats. §§ 17.24 and 61.27.

§ 50-6 Salaries.

Salaries of all elected and appointed officials, including members of boards and commissions, shall be as determined by the Village Board from time to time, provided the salary of the President and members of the Board shall not be increased during their terms of office. (See Wis. Stats. § 66.0505.)

§ 50-7 Poll hours.

The hours for all polling places within the Village shall be 7:00 a.m. to 8:00 p.m.

§ 50-7.1 Election inspectors.

[Added 10-13-2008 by Ord. No. 533]

A. Number, appointment and term of election inspectors. Except as may be provided by a resolution adopted pursuant to Wis. Stats. § 7.32, the Village Board shall appoint seven election inspectors for each polling place pursuant to the provisions of Wis. Stats. § 7.30. Each election inspector shall serve a term as provided in Wis. Stats. § 7.30.

B. Additional election inspector. The Village Board may appoint an additional election inspector to serve as a greeter and substitute for election inspectors who must leave the room during the voting process, as provided in Wis. Stats. § 7.30(1)(b).

C. Alternate election inspectors. The Village Board may appoint alternate election inspectors.

D. Clerk may establish hours of work. The Clerk may establish different working hours for different officials assigned to the same polling place. In the event that different working hours are established, the Village Board shall appoint alternate officials in a number sufficient to maintain adequate staffing at each polling place.

E. There shall be at least one trained chief election inspector available at each polling place. The chief election inspector is in charge of the activities of the polling place on Election Day.

§ 50-7.2 Repayment agreements.

[Added 8-22-2011 by Ord. No. 577]

Whenever the Village determines that it will pay the cost of the initial training and/or certification of an employee for a skill that is required for the position and that the person could continue to use after termination of employment with the Village, the cost of the training and/or certification shall be considered a loan to the employee, to be forgiven if the employee completes a service obligation for a predetermined number of years of employment with the Village, as determined by the department head.

A. The Village shall require an applicant for such a position to be notified of the requirement, and upon selection, to enter into a repayment agreement with the Village as a condition of employment in that position.

B. The repayment agreement will require the person to pay all or a prorated amount of the cost of the training and/or certification if the person leaves Village employment within the predetermined number of years after beginning the training and/or certification, together with collection costs and reasonable attorney fees. The department head may forgive the cost of the training and/or certification in the case of the employee’s death, in the case of the employee’s disability that renders the employee no longer able to perform the duties required, and in circumstances of extreme hardship where the repayment requirement would be unconscionable upon a request therefor. A decision by the department head may be appealed to the Village Board.

C. The cost of the training and/or certification will be deducted from the person's final paycheck, provided that the amount of the deduction may not reduce that paycheck to an amount less than the minimum wage required to be paid for all regular and overtime hours worked pursuant to federal and Wisconsin law.

D. In the event that the person completes the service obligation set forth in the repayment agreement, the cost of the training and/or certification shall be forgiven by the Village.

Article II Officers

§ 50-8 Village President and Trustees.

A. Election and term. See § 50-1.

B. Duties and powers.

(1) Village President. See Wis. Stat. § 61.24.

(2) As Village Board. The Village President and Trustees shall constitute the Village Board and shall have such duties and powers as are enumerated in Wis. Stat. Ch. 61, elsewhere in the statutes, and as set forth in this Municipal Code.

C. Authority. The Village Board shall have all powers of the Village not specifically given to some other body or officer. Except as otherwise provided by law, the Village Board shall have the management and control of the Village property, finances, highways, streets, utilities and public services and may act for the government and good order of the Village, for its commercial benefit and for the health, safety, welfare and convenience of the public and may carry its powers into effect by license, regulation, suppression, borrowing, taxation, special assessment, appropriation, imposition of forfeitures and other necessary or convenient means. The Village Board may appoint such officers from time to time as may be deemed necessary for the benefit of the community. In addition, the Village Board shall have the powers enumerated in Wis. Stat. § 61.34. The powers hereby conferred shall be in addition to all other grants and shall be limited only by express language.

§ 50-9 Clerk.

[Amended 11-22-2004 by Ord. No. 467]

A. Appointment and term. See § 50-2.

B. Duties.

(1) The Village Clerk's principal duties are those defined in Wis. Stat. § 61.25.

(2) Other duties. The Village Clerk shall also:

(a) Be responsible for the preparation, maintenance and custodianship of the official documents and records of the Village and the Village Board as required by Village ordinances and state statutes.

(b) Be responsible for the issuance of licenses and permits, except as otherwise provided in this Municipal Code, as required by Village ordinances and state statutes.

(c) Be responsible for the proper supervision of Village election activities as required by Village ordinances and state statutes.

(d) Be responsible for other duties as may be assigned or described by the Village.

C. Assistants.

(1) The Clerk, subject to approval of a majority all of the members of the Village Board, may, in writing, filed in the office of the Clerk, appoint a Deputy who shall act under the Clerk's direction and who, during the temporary absence or disability of the Clerk or during a vacancy in such office, shall perform the duties of Clerk. The Deputy shall receive such compensation as the Village Board shall determine. The positions of Deputy Clerk and Deputy Treasurer may be held by the same person. The Deputy Clerk shall not be required to file an official bond.

[Amended 5-14-2012 by Ord. No. 587]

(2) The Clerk shall have such clerical and other assistants as are necessary and made available by the Village Board at its pleasure and upon terms and conditions set by the Board.

§ 50-10 Treasurer.

[Added 11-22-2004 by Ord. No. 467]

A. Appointment and term. See § 50-2.

B. Duties.

(1) The Village Treasurer's principal duties are those defined in Wis. Stats. § 61.26.

(2) Other duties.

(a) Collection and disbursement of funds. The Village Treasurer shall be responsible for the collection and disbursement of all Village money in accordance with Village ordinances and state statutes.

(b) Records and reports. The Village Treasurer shall be responsible for the preparation, maintenance and custodianship of financial forms, records and reports required by Village ordinances and state statutes and by the Village Board.

[Amended 1-23-2006 by Ord. No. 489]

(c) The Treasurer shall be responsible for other duties as may be assigned or described by the Village.

C. Assistants.

(1) The Treasurer, subject to approval of a majority all of the members of the Village Board, may, in writing, filed in the office of the Clerk, appoint a Deputy who shall act under the Treasurer's direction and who, during the temporary absence or disability of the Treasurer or during a vacancy in such office, shall perform the duties of Treasurer. The Deputy shall receive such compensation as the Village Board shall determine. The positions of Deputy Clerk and Deputy Treasurer may be held by the same person. The Deputy Treasurer shall not be required to file an official bond.

[Amended 5-14-2012 by Ord. No. 587]

§ 50-11 Assessor.

A. Election and term. See § 50-2.

B. Duties. The Village Assessor's duties are those defined in Wis. Stats. § 61.27.

C. Assistants. The Village Assessor shall have such clerical and other assistants as are deemed necessary and made available by the Village Board at its pleasure and upon terms and conditions set by the Board.

D. Confidentiality of income and expense information. Whenever the Assessor, in the performance of his or her duties, requests and obtains income and expense information pursuant to Wis. Stats. § 70.47(7)(af), 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 discharge 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 an Assessor under Wis. Stats. § 70.47(7)(af), unless a court determines that it is inaccurate, is not subject to the right of inspection and copying under Wis. Stats. § 19.35(1).

[Added 2-28-2000 by Ord. No. 390]

§ 50-12 Municipal Judge; Municipal Court.

[Amended 1-23-2006 by Ord. No. 489; 11-22-2010 by Ord. No. 562]

A. Election and term. The Municipal Judge shall be elected at large at the spring election in odd-numbered years for a term of four years commencing on May 1 succeeding his election.

B. Salary. The Municipal Judge shall receive a salary as determined from time to time by the Village Board, which shall be in lieu of fees and costs. No salary shall be paid to the Municipal Judge for time during his term for which he has not executed and filed his official oath as required by Subsection C.

[Amended 4-23-2018 by Ord. No. 661]

C. Oath; bond. The Municipal Judge shall execute and file with the Village Clerk and the Director of State Courts the oath prescribed by Wis. Stats. §§ 755.03 and 757.02(1). In lieu of a bond, the Village shall obtain dishonesty insurance coverage as set forth in Wis. Stats. § 755.03(1).

[Amended 4-23-2018 by Ord. No. 661]

D. Jurisdiction. Pursuant to Wis. Stats. § 755.045, the Municipal Judge shall have exclusive jurisdiction over actions in which the Village seeks to impose forfeitures for violations of Village ordinances, may issue civil warrants to enforce matters under the jurisdiction of the Municipal Court as set forth in Wis. Stats. Ch. 800, may issue inspection warrants under Wis. Stats. § 66.0119, and may order the payment of restitution pursuant to Wis. Stats. § 800.093. Pursuant to Wis. Stats. § 755.05, the Judge has statewide jurisdiction.

E. Procedure.

(1) The Court of the Municipal Judge shall be called the "Municipal Court for the Village of Waterford, Wisconsin," and shall be open as determined by the Judge and approved by the Village Board.

(2) The Municipal Judge shall keep his office and hold Court in the Village Hall.

(3) The procedure in Municipal Court shall be as provided in Wis. Stats. Chs. 66, 755 and 800, and as otherwise provided by law.

(4) The Judge shall, in writing, appoint the personnel that are authorized by the Village Board. The Village Board shall authorize at least one Clerk. The hiring, termination, hours of employment and work responsibilities of the Court personnel, while working during hours assigned to the Court, shall be under the Judge's authority. Their salaries shall be fixed by the Village Board. The Clerk shall, before entering the duties of his or her office, take the oath provided by Wis. Stats. § 19.01, and file the oath with the Village Clerk. No bond shall be required.

(5) The Judge shall file and keep together all records in an action separate from all other records. The Judge shall store all records in the office of the Court Clerk or in another appropriate facility designated by the Village Board. Access to the records shall be restricted to Court personnel except as authorized by the Judge or by law. Nothing in this section is intended to restrict the ability of counsel or parties to read the records. The purchase or implementation of any electronic records management system used by the Court shall be approved by the Judge.

(6) All forfeitures, fees, surcharges and costs paid to the Municipal Court under a judgment before the Judge shall be reported and paid to the Village Treasurer within 30 days after receipt of the money by the Municipal Court. The Treasurer shall disburse the fees as provided in Wis. Stats. Ch. 814.

F. Contempt of Court.

(1) In this section, "contempt of Court" means any of the following intentional acts:

(a) Misconduct in the presence of the Court that interferes with the Court proceeding or with the administration of justice, or that impairs the respect due the Court.

(b) Refusal of a witness to appear without reasonable excuse.

(2) The Municipal Judge may impose a forfeiture in an amount not to exceed $200 for a contempt of Court.

(3) For a contempt of Court described in Subsection F(1)(a), the Judge may impose imprisonment in the County Jail for not more than seven days and impose a forfeiture. These penalties shall be imposed immediately after the contempt of Court has occurred and only under the following conditions:

(a) For the purpose of preserving order in the Court and protecting the authority and dignity of the Court.

(b) After allowing the person who committed the contempt of Court an opportunity to address the Court.

(4) For a contempt of Court described in Subsection F(1)(b), the Judge may do any of the following:

(a) Issue a warrant to bring the witness before the Court for the contempt and to testify.

(b) In addition to ordering the witness to pay a forfeiture under Subsection F(2), the Judge may order the witness to pay all costs of the witness's apprehension.

G. Liaison with Village Board. In an effort to keep the Village Board informed as to the workings of the Municipal Court, it is suggested the Municipal Judge report quarterly to the Board on Village cases prosecuted before him and receipts and disbursements.

§ 50-13 Engineer.

A. Appointment and term. See § 50-2.

B. Duties.

(1) The Village Engineer shall be responsible for the preparation of plans and specifications for Village public improvements and for such field survey and construction inspection work as may be required during the course of Village public improvement projects.

(2) The Village Engineer shall advise the Village Board and Village Department of Public Works in engineering and financial planning for public improvement programs.

[Amended 1-23-2006 by Ord. No. 489]

(3) The Village Engineer shall be responsible for the preparation and maintenance of all official Village maps and engineering records.

C. Assistants.

(1) Professional. The Village Engineer may engage professional help to facilitate the completion of assigned projects within the Village, subject to Board approval.

(2) Others. The Village Engineer shall have such other assistants as may be made available to him by the Village Board.

§ 50-14 (Reserved) [1]

[1] Editor's Note: Former § 50-14, Chief of Police, was repealed 9-28-2015 by Ord. No. 631.

§ 50-15 Fire Chief.

A. Appointment and term. See § 50-2.

B. Powers and duties. See Chapter 28, particularly § 28-7.

[Amended 1-23-2006 by Ord. No. 489]

§ 50-16 Zoning Administrator.

A. Appointment and term. See §§ 50-2 and 245-59.

[Amended 1-23-2006 by Ord. No. 489]

B. Powers and duties. See Chapter 245, Zoning, particularly § 245-56.

§ 50-17 Attorney.

A. Appointment and term. See § 50-2.

B. Compensation. The salary of the Village Attorney, fringe benefits and other conditions of his employment shall be established by the Village Board.

C. Duties. The Village Attorney shall be the chief legal advisor to the Village Board and shall be responsible for preparing and drafting legal opinions, ordinances, rules and regulations as may be required for expediting Village matters. The Village Attorney shall also serve as prosecuting attorney for the Village and shall represent the Village in courts and commission hearings as may be required.

§ 50-18 Health Officer.

[Amended 1-23-2006 by Ord. No. 489; 9-22-2014 by Ord. No. 621]

A. Appointment. The Health Officer shall be appointed by the Board of Health pursuant to § 251.06(4)(c), Wis. Stats. The Health Officer shall meet the requirements of § 251.06, Wis. Stats.

B. Duties. The Health Officer shall perform the duties required by § 251.06(3), Wis. Stats., the provisions of this Municipal Code, and the provisions of any Intermunicipal Agreement for health services entered into by the Village.

§ 50-19 Director of Emergency Management.

[Amended 1-23-2006 by Ord. No. 489; 8-28-2017 by Ord. No. 654]

A. Appointment and term. See § 50-2.

B. Powers and duties. See Chapter 17, particularly § 17-4D.

§ 50-20 Plumbing Inspector.

[Amended 8-22-2005 by Ord. No. 480]

A. Appointment and term. See §§ 50-2 and 98-10A.

B. Powers and duties. See Chapter 98.

§ 50-21 Building Inspector.

[Amended 6-10-2000 by Ord. No. 424; 8-22-2005 by Ord. No. 480]

A. Appointment and term. See §§ 50-2 and 98-10A.

B. Powers and duties. See Chapter 98.

§ 50-22 Electrical Inspector.

[Amended 8-22-2005 by Ord. No. 480]

A. Appointment and term. See §§ 50-2 and 98-10A.

B. Powers and duties. See Chapter 98.

§ 50-23 Village Administrator.

[Amended 12-14-2000 by Ord. No. 408; 1-23-2006 by Ord. No. 489]

A. Appointment; compensation; residency.

[Amended 3-27-2006 by Ord. No. 495]

(1) Appointment and term. The Village may employ a person in the position of Village Administrator, to be recommended by the Personnel Committee and appointed by the Village President, subject to confirmation by the Village Board, with due regard to training, experience, administrative ability and general fitness for the position. The term of such appointment shall be for two years, but such term may be automatically renewed on an annual basis. The Village Administrator is subject to removal from the position for cause at any time by a three-fourths vote of the Village Board. The position of Village Administrator is not mandated, but is discretionary within the purview of the Village Board, so that appointments thereto and vacancies therein are determined by the Village Board from time to time, giving consideration to the needs of the Village in its management and operation.

(2) Contract required. The Village Administrator shall contract with the Village, and the contract shall require fulfillment of the duties outlined herein and shall set forth terms and conditions of remuneration and employment.

(3) Residency. The Village Administrator shall be required to be a resident of the Village or to become a resident of the Village within a time period specified within the contract required in Subsection A(2). Said time period shall not exceed 12 months from the date of appointment unless waived or modified by the Village Board.

[Amended 4-23-2007 by Ord. No. 514]

B. Powers and duties. The Village Administrator shall be accountable to the Village President and the Village Board, and shall be responsible for the proper administration of the business affairs of the Village of Waterford pursuant to the Wisconsin Statutes, the Village of Waterford Municipal Code and Village ordinances and resolutions, subject to the limitations contained therein. The Village Administrator shall have the powers, duties and responsibilities set forth below:

(1) Financial. The Village Administrator, in coordination with the Finance Committee when appropriate, shall:

(a) Report to the Village Board on a regular basis relative to Village operations and finance.

(b) Assist in the preparation of the Village budget, in accordance with guidelines provided by the Village Board in coordination with department heads, providing guidance in efforts to achieve Village program implementation and long-term objectives.

(c) Consult the Village Board on issues involving insurance procurement and other services the Village must obtain from outside sources, and obtain information and rate quotes as directed.

(d) Prepare and maintain procedures for inventory and asset management.

(e) Stay informed concerning the availability of federal, state and county funds for local programs, submit appropriate recommendations to the Board and oversee grant applications and all other efforts to secure funds from all sources available.

(f) In cases where the Administrator's time is chargeable to an outside source (e.g., pursuant to a developer's agreement), keep detailed records as to the amount of time spent and for what purpose and submit such records to the Village Clerk prior to the monthly Finance Committee meeting.

(g) Promote the economic well-being and growth of the Village through public and private sector cooperation, including assisting in the negotiation and implementation of developer's agreements.

(2) Personnel. The Village Administrator, in cooperation with the Personnel Committee when appropriate, shall serve as Personnel Officer for the Village and implement the Personnel Policy, and shall:

(a) Act as the central clearing agent for all personnel activities and aid all departments in effectively carrying out their responsibilities in personnel-related matters.

(b) Maintain complete personnel records, including applications, date of hire, wage rates, classifications, insurance forms, changes of status of employees, notices of verbal and written reprimands, discipline, suspensions and discharges and all other records that do now or may pertain to employees in the future.

(c) Perform annual performance reviews of department heads.

(d) Assist in the negotiation of labor contracts and personnel contracts, administer and annually review the wage plan for non-bargaining unit employees, administer Village fringe benefit programs, and advise the Personnel Committee, Village Board, department heads and employees on personnel matters as required.

(e) Cultivate sources of employee supply, recruit and advertise for all personnel openings, assist in the development and maintenance of job descriptions and perform position analyses and evaluations.

(f) Serve as the Affirmative Action Officer for the Village.

(g) Maintain standards and procedures to ensure uniformity in the application of discipline and the processing of employee grievances, prepare and implement the procedures necessary to carry out personnel policies and submit reports requested by the Village Board, commissions, or committees.

(h) Conduct exit interviews, and conduct second-step grievance procedures and participate in third- and fourth-step grievance procedures as necessary.

(3) Public information. The Village Administrator shall:

(a) Act as public information liaison for the Village, ensuring that the news media is kept informed regarding Village operations and that open meeting rules and regulations are followed.

(b) Facilitate communications between citizens and Village government so as to efficiently and expeditiously handle recommendations, complaints and other matters.

(4) Community Development Authority. The Village Administrator shall act as the Executive Director of the Village of Waterford Community Development Authority and perform all such duties therefor as assigned or as required.

(5) General. The Village Administrator shall:

(a) Establish methods of implementation of Village Board or Village committee or commission directives or actions where and when required and report relative to their operation.

(b) Be responsible for the daily operations of the Village and provide guidance and a conduit for information between individuals, departments and officials in any combination, and promulgate, subject to Village Board approval, administrative policies and procedures for Village operation.

(c) Monitor the operation of Village departments and develop and recommend administrative procedures in the interest of increased effectiveness or efficiency to the Village President, Village Board, respective committee heads and/or department heads, and assist in the implementation and operation of such procedures where necessary.

(d) Advise the Village Board and Village President regarding interdepartmental activities affecting the smooth operation of Village management and service.

(e) Oversee the preparation of information and reports to assist the Village Board and its committees and commissions.

(f) Ensure that the Village is apprised of activities of extraterritorial governmental agencies affecting the Village, and represent the Village or ensure Village representation when needed in such regards and in matters involving legislative and intergovernmental affairs as authorized and directed by the Village Board.

(g) Advise and inform the Board concerning current federal, state and county legislation and administrative rules, making appropriate reports and recommendations to the Board.

(h) Attend board, commission, and committee meetings and other meetings as required.

(i) Do all other things required to fulfill these objectives and as otherwise set forth by the Municipal Code, ordinance or resolution, or as directed by the Village Board.