Chapter 11 Boards, Committees and Commissions

The Board of Review of Johnson Creek shall be composed of five members: the Village President, the Chairperson of the Personnel and Finance Committee, and three citizen members. The citizen members shall be appointed by the Village President, subject to the approval of the Village Board, and shall serve for two-year terms. Such appointments shall be made at the regular meeting in April of the year of appointment, and the term shall commence on May 1 of that year.

[Amended 6-1-2000 by Ord. No. 7-00; 7-8-2003 by Ord. No. 20-03]

The Village President shall serve as President of the Board of Review. The Village Clerk-Treasurer shall be the Clerk of the Board of Review and shall keep an accurate record of all proceedings. The Assessor shall also be present at all Board of Review meetings.

[Amended 6-1-2000 by Ord. No. 7-00]

At its first meeting, the Board of Review shall receive the assessment roll and sworn statements from the Clerk and shall be in session for at least two hours, commencing at 4:00 p.m., for taxpayers to appear and examine the assessment roll and other assessment data and be heard in relation to the assessment. If the assessment roll is not completed, the Board shall adjourn for such time as is necessary to complete the roll and it shall post a written notice on the outer door of the place of the meeting stating what time the meeting is adjourned.

[Amended 4-6-2000 by Ord. No. 4-00]

Compensation. The members of the Board of Review shall receive such compensation as may be fixed from time to time by resolution of the Village Board.

Confidential information.

[Added 6-5-2003 by Ord. No. 17-03]

Adoption. This subsection adopts by reference § 70.47(7)(af), Wis. Stats. Income and expense information provided by a property owner to an assessor for the purposes of establishing the valuation for assessment purposes by the income method of valuation shall be confidential and not a public record open to inspection or copying under § 19.35(1), Wis. Stats.

Exceptions. An officer may make disclosure of such information under the following circumstances:

The assessor has access to such information in the performance of his/her duties;

The Board of Review may review such information when needed, in its opinion, to decide upon a contested assessment;

Another person or body has the right to review such information due to the intimate relationship to the duties of an office or as set by law;

(d)

The officer is complying with a court order;

(e)

The person providing the income and expense information has contested the assessment level at either the Board of Review or by filing a claim for excessive assessment under § 74.37, Wis. Stats., in which case the base records are open and public.

Hearing procedure. In accordance with the provisions of § 70.47(8), Wis. Stats., the Board of Review is authorized to consider requests and objections from property owners or the property owner's representatives to offer testimony, under oath, by telephone or submit written statements under oath to the Board of Review. The following procedure shall apply to such requests:

[Added 6-22-2015 by Ord. No. 7-15]

A property owner or property owner's representative may request that the Board of Review consider testimony offered under oath by telephone, or consider written statements submitted under oath, provided that:

The requirements of § 70.47, Wis. Stats., which requires that the property owner or property owner's representative provide notice of intent to appear at the Board of Review hearing, are satisfied; and

The objection form for real estate property assessment (PA-115A) has been completed and submitted to the Board of Review in accordance with the provisions of § 70.47, Wis. Stats.; and

A request to testify by telephone or submit a written statement under oath to the Board of Review (Form PA-814) shall be filed with the Village Clerk. Such requests must be submitted timely to be considered by the Board of Review at the first meeting of the Board of Review.

Criteria to be considered. The Board of Review may consider any and all of the following factors when deciding whether to grant or deny a request established under this subsection:

The requester's stated reason(s) for the request as indicated on the PA-814.

Fairness to the parties.

Ability of the requester to procure in person oral testimony and any due diligence exhibited by the requester in procuring such testimony.

(d)

Ability to cross-examine the person providing the testimony.

(e)

The Board of Review's technical capacity to honor the request.

(f)

Any other factors that the Board deems pertinent to deciding the request.

§ 11-3 Plan Commission.

Composition. The Village Plan Commission shall consist of the Village President, who shall be its presiding officer, a Trustee, and five citizens. Citizen members shall be persons of recognized experience and qualifications.

Appointments and terms.

Trustee member. The Trustee member shall be elected by a two-thirds vote of the Village Board upon the creation of the Commission and at the first regular meeting in each succeeding April. His term shall commence when first appointed and thereafter on the first of each May following his election.

§ 11-5 Board of Police and Fire-EMS Commissioners.

Citizen members. All five citizen members shall be appointed by the President upon the creation of the Commission, to hold office for the following terms: two for one year from the succeeding first day of May, two for two years from the succeeding first day in May, and one for three years from the succeeding first day in May, and as each original term expires, each shall be appointed, in April of the year of termination, to a three-year term commencing on the succeeding May 1.

Functions. The Commission shall make and adopt a Comprehensive Master Plan for the physical development of the Village and any area outside of its boundaries which, in the Commission's judgment, bears relation to the development of the Village. The Plan Commission may from time to time amend, extend or add to the Comprehensive Master Plan or carry any part or subject matter into greater detail. The Comprehensive Master Plan shall show the Commission's recommendations and may include those items set forth in § 62.23(2) and (3), Wis. Stats.

[Amended 7-8-2003 by Ord. No. 20-03]

Procedures. The Commission may adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, all of which shall be public record.

Powers. In addition to the above-described powers, the Commission shall have the powers set forth in § 62.23(4), Wis. Stats.

Matters referred to Commission. All matters specified in § 62.23(5), Wis. Stats., shall be referred to the Commission before acted upon by the Village Board or any other Village official. Such matters include, but are not limited to, the location, change of use, alteration, or creation of public lands and buildings and plats.

§ 11-4 Library Board.

[Amended 8-5-1999 by Ord. No. 9-99; 5-24-2010 by Ord. No. 08-10]

Composition of Board. The Library Board shall be composed of five members. Three such members shall be residents of the Village, one member shall be a Village Trustee, one member shall be a resident of an adjacent township with the Johnson Creek School District and one member shall be a school district representative.

Term of office. The Village President, subject to confirmation by a majority of the Village Board, shall appoint Board members to hold office for the following terms: one for one year from the succeeding first day of May, two for two years from the succeeding first day of May, and two for three years from the succeeding first day of May, and as each original term expires, each shall be appointed, in April of the year of termination, to a three-year term commencing on the succeeding May 1.

[Amended 5-14-2007 by Ord. No. 09-07]

Police and Fire-EMS Commissioners. There is hereby created a Board of Police and Fire-EMS Commissioners consisting of five citizens, three of whom shall constitute a quorum. The Village President shall, upon adoption of this section, appoint, in writing, five Commissioners for varying terms, with the term of the first Commissioner expiring on April 30, 2008, and the term of the remaining Commissioners terminating on the same date in successive years so that not more than one Commissioner's term will terminate in any given year. Thereafter, the Village President shall annually, between the last Monday of April and the first Monday of May, appoint, in writing, to be filed with the Secretary of the Board, one member for a term of five years. No appointment shall be made which will result in more than three members of the Board belonging to the same political party. The Board shall keep a record of its proceedings. All Commissioners shall be residents of the Village of Johnson Creek. No Commissioner may serve on the Village Board, or any other board, committee, commission, or serve in any capacity in either the Police or the Fire-EMS Departments while serving as a member of the Board of Police and Fire-EMS Commissioners.

Definitions. The following terms shall have the following meanings within the context of this section:

BOARD

The Board of Police and Fire-EMS Commissioners of the Village of Johnson Creek.

CHIEFS

Refers to the Chief of Police and the Fire Chief of the Village of Johnson Creek.

MEMBER

Refers to all positions within the Fire and Police Departments of the Village of Johnson Creek, including Chiefs, who are under the jurisdiction of the Board.

SUBORDINATE

Refers to members of the Fire and Police Departments, other than Chiefs, who are under the jurisdiction of the Board.

Chiefs. The Board shall appoint the Chief of Police and the Chief of the Fire Department, who shall hold their offices during good behavior, subject to suspension or removal by the Board for just cause.

Subordinates; reemployment.

The Chiefs shall appoint subordinates subject to approval by the Board. Such appointments shall be made by promotion when this can be done with advantage, otherwise from an eligible list provided by examination and approval by the Board and kept on file with the Clerk.

Any person who, on the effective date of this section, has served as a part-time or full-time employee of either the Village Police Department or the Village Fire-EMS Department by virtue of regular assignment therefor under the orders and supervision of the Chiefs of the Police and/or Fire-EMS Departments is deemed to have been regularly appointed as of the commencement of his or her service.

For the choosing of such list, the Board shall adopt, and may repeal or modify, rules calculated to secure the best service in the Departments. These rules shall provide for examination of physical and educational qualifications and experience, and may provide such competitive examinations as the Board shall determine, and for the classification of positions with special examination for each class. The Board shall print and distribute the rules and all changes in them, at Village expense.

(4)

The examination shall be free for all U.S. citizens over 18 and under 55 years of age, with proper limitations as to residence, health, and, subject to §§ 111.321, 111.322, and 111.335, Wis. Stats., arrest and conviction record. The examination, including minimum training and experience requirements, shall be job-related in compliance with appropriate validation standards and shall be subject to the approval of the Board and may include tests of manual skill and physical strength. All relevant experience, whether paid or unpaid, shall satisfy experience requirements. The Board shall control examinations and may designate and change examiners, who may or may not be otherwise in the official service of the Village, and whose compensation shall be fixed by the Board and paid by the Village. Veterans shall be given preference points in accordance with § 230.16(7), Wis. Stats.

Disciplinary actions against subordinates.

A subordinate may be suspended as hereinafter provided as a penalty. He may also be suspended by the Commission pending the disposition of charges filed against him.

Charges may be filed against a subordinate by the Chief, by a member of the Board, by the Board as a body, or by an aggrieved person. Such charges shall be in writing and shall be filed with the President of the Board. Pending disposition of such charges, the Board and the Chief may suspend such subordinates.

A subordinate may be suspended for just cause, as described in Subsection E(5), by the Chief or the Board as a penalty. The Chief shall file a report of such suspension with the Commission immediately upon issuing the suspension. No hearing on such suspension shall be held unless requested by the suspended subordinate. If the subordinate suspended by the Chief requests a hearing before the Board, the Chief shall be required to file charges with the Board upon which such suspension was based.

(4)

Following the filing of charges in this case, a copy thereof shall be served upon the person charged. The Board shall set a date for hearing not less than 10 days or more than 30 days following service of charges. The hearing on the charges shall be public, and both the accused and the complainant may be represented by an attorney and may compel the attendance of witnesses by subpoenas, which shall be issued by the President of the Board on request and be served as are subpoenas under Ch. 885, Wis. Stats.

(5)

No subordinate may be suspended, reduced in rank, suspended and reduced in rank, or removed by the Board under Subsection E(3), based on charge(s) filed by the Board, members of the Board, an aggrieved person or the Chief under Subsection E(2), unless the Board determines there is just cause, as described in this subsection, to sustain the charge. In making its determination, the Board shall apply the following standards, to the extent applicable:

Whether the subordinate could reasonably be expected to have had knowledge of the probable consequences of the alleged conduct.

Whether the rule or order that the subordinate allegedly violated is reasonable.

Whether the Chief, before filing the charge against the subordinate, made a reasonable effort to discover whether the subordinate did in fact violate a rule or order.

(d)

Whether the effort described under Subsection E(3) was fair and objective.

(e)

Whether the Chief discovered substantial evidence that the subordinate violated the rule or order as described in the charges filed against the subordinate.

(f)

Whether the Chief is applying the rule or order fairly and without discrimination against the subordinate.

(g)

Whether the proposed discipline reasonably relates to the seriousness of the alleged violation and to the subordinate's record of service with the Chief's department.

(6)

Findings and determinations hereunder and orders of suspension, reduction, suspension and reduction, or removal, shall be in writing and, if they follow a hearing, shall be filed within three days thereof with the Secretary of the Board.

(7)

Further rules for the administration of this subsection may be made by the Board.

(8)

No person shall be deprived of compensation while suspended pending disposition of charges.

(9)

Any person suspended, reduced, suspended and reduced, or removed by the Board may appeal from the order of the Board to the Circuit Court by serving written notice thereof on the Secretary of the Board within 10 days after the order is filed. Within five days thereafter, the Board shall certify to the Clerk of the Circuit Court the record of the proceedings, including all documents, testimony, and minutes. Thereafter, the procedures set forth in § 62.13(5)(i), Wis. Stats., shall govern the disposition of such an appeal.

(10)

The provisions of Subsection E(1) to (9) shall apply to disciplinary actions against the Chiefs where applicable. In addition thereto, the Board may suspend a Chief pending disposition of charges filed by the Board or by the Village Board.

Dismissals and reemployment.

When it becomes necessary, because of need for economy, lack of work or funds, or for other just causes, to reduce the number of subordinates, the emergency, special, temporary, part-time, or provisional subordinates, if any, shall be dismissed first, and thereafter subordinates shall be dismissed in order of shortest length of service in the Department, provided that, in cities where a record of service rating has been established prior to January 1, 1933, for the said subordinates, the emergency, special, temporary, and/or part-time provisional subordinates, if any, shall be dismissed first, and thereafter subordinates shall be dismissed in the order of the least efficient as shown by the said service rating.

When it becomes necessary for such reasons to reduce the number of subordinates in the higher positions or offices or to abolish any higher positions or offices in the Department, the subordinate or subordinates affected thereby shall be placed in a position or office in the Department less responsible according to his efficiency and length of service in the Department.

The name of a subordinate dismissed for any cause set forth in this section shall be left on an eligible reemployment list for a period of two years after date of dismissal. If any vacancy occurs, or if the number of subordinates is increased in the Department, such vacancy or new positions shall be filled by persons on such list in the inverse order of the dismissal of such persons.

Compensation. The salaries of the Chiefs and subordinates shall be fixed by the Village Board. Such salaries when so fixed may be increased but not decreased by the Village Board without a previous recommendation by the Board. The Village Board may provide that the salaries shall be increased with length of service.

Board procedures.

In May of each year, the Board shall elect from its members a President, Vice President, and Secretary. Upon motion of any Board member, the vote of the Board shall be by secret ballot.

Board officers shall have the following duties and responsibilities:

President. The President shall:

[1]

Preside over all meetings and hearings and ensure their orderly conduct;

[2]

Accept the filing of written charges against Chiefs and subordinates;

[3]

Issue subpoenas for the attendance of witnesses at hearings pursuant to § 62.13(5)(d), Wis. Stats.;

[4]

Administer oaths to witnesses appearing before the Board;

[5]

Formally ready the charge(s) to the accused at any hearing, including the provisions alleged to have been violated;

[6]

Ask questions and control questions asked by other Board members during any hearing;

[7]

Ensure that standards for procedural due process are afforded the accused at any hearings; and

[8]

Adjourn Board proceedings.

Vice President. The Vice President shall act in the capacity of President whenever the President is unavailable to act for any reason.

Secretary. The Secretary shall:

[1]

Conduct all correspondence of the Board, send all notices required by law, ordinance or these rules, or as otherwise requested by the Board;

[2]

Cause to be published such official notices as are required;

[3]

Attend and keep a record of all Board proceedings, including the preservation of testimony and any evidence received by the Board at any hearings in a permanent record and to certify such record to the Circuit Court when required by law;

[4]

Maintain the minutes of each meeting and hearing, with said minutes being signed by the Secretary and President upon approval by the Board;

[5]

Provide copies of all Board minutes to each Board member as soon as possible and file a copy of said minutes with the Village Clerk;

[6]

Accept the filing of all appointments under § 62.13(1), Wis. Stats.; and

[7]

Accept for filing all findings and determinations of the Board relative to disciplinary actions and Board orders, all of which shall be filed within three days of their adoption pursuant to § 62.13(5)(f), Wis. Stats.

Except as otherwise provided by the statute or ordinance, the Board rules and regulations shall be prescribed, amended, or repealed by a majority vote of the Board members present. Any such Board rule or regulation adopted by the Board shall govern the activities of the Board until such rule or regulation has been amended or repealed as provided herein.

§ 11-6 Community Development Authority. [1]

[Added 5-14-2007 by Ord. No. 07-07]

Creation. Pursuant to the authority granted by § 66.1335, Wis. Stats., a Community Development Authority for the Village of Johnson Creek is hereby created as a separate body politic, for the purpose of carrying out blight elimination, slum clearance, urban renewal programs and projects, and housing projects. Such Authority shall be known as the "Community Development Authority of the Village of Johnson Creek."

Composition, appointments and terms. The Village Board President shall, with the confirmation of a two-thirds majority vote of the Village Board, appoint seven resident persons, having sufficient ability and experience in the fields of urban renewal, community development and housing, as Commissioners of the Community Development Authority.

Two of the Commissioners shall be members of the Village Board and shall serve as Commissioners during their term of office on the Village Board. One such term shall coincide with a Village Board term expiring in an even year and one shall coincide with a Village Board term expiring in an odd year.

Five citizen members shall be appointed as Commissioners by the Village President upon creation of the committee, to hold initial terms of office as follows: two for one year, and one each for terms of two, three and four years. Following the initial term of each citizen Commissioner, the terms of citizen Commissioners shall be four years until their successors have been appointed and qualified.

Vacancies shall be filled for the unexpired term as provided in this subsection.

Bylaws. The Village Board hereby establishes and approves bylaws and rules of procedure to be kept on file in the office of the Village Clerk-Treasurer. The Community Development Authority may amend the bylaws as it shall deem appropriate from time to time; however, Section 2 of the bylaws, entitled "General Powers and Duties," shall not be altered or amended without the approval of the Village Board.

Compensation. Commissioners of the Community Development Authority shall be reimbursed their actual and necessary expenses, including local travel expenses, incurred in the discharge of their duties and shall receive such compensation as shall be established from time to time by resolution of the Village Board.

Powers and duties. The Community Development Authority shall have the following powers and duties:

The Community Development Authority shall have all the powers, duties, and functions set out in §§ 66.1201 and 66.1333, Wis. Stats., for housing and redevelopment authorities, and as to all housing projects initiated by the Community Development Authority, it shall proceed under §§ 66.1201, Wis. Stats., and as to all projects relating to blight elimination, slum clearance, urban renewal and redevelopment programs, it shall proceed under §§ 66.1105, 66.1301 to 66.1329, 66.1331, 66.1333, or 66.1337, Wis. Stats., as determined appropriate by the Village Board on a project-by-project basis.

The Community Development Authority shall act as the agent of the Village in planning and carrying out community development programs and activities approved by the Village Board President and Village Board under the Federal Housing and Community Development Act of 1974. As to all community development programs and activities undertaken by the Village under the Federal Housing and Community Development Act of 1974, the Community Development Authority shall proceed under all applicable laws and ordinances not inconsistent with the laws of this state.