Village of Johnson Creek, WI
Jefferson County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Johnson Creek at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
A. 
Position of the Village Administrator. In order to provide the Village of Johnson Creek with a more efficient, effective and responsible government under a system of part-time Trustees operating as a Village Board (hereinafter referred to as "Board") at a time when Village government is becoming increasingly complex, there is hereby created the position of Village Administrator for the Village of Johnson Creek (hereinafter referred to as "Administrator").
B. 
Appointment, term of office and removal. The Administrator shall be appointed on the basis of merit, with due regard to training, experience, administrative ability and general fitness for the office, by a majority vote of the Board. For the purposes of appointing or terminating the Administrator, the Village President and each Board member shall cast one vote. The Administrator shall hold office for an indefinite term, subject to removal at any time by a majority vote of the Board. This section, however, shall not preclude the Board from establishing other employment terms and conditions not inconsistent with the provisions of this section or the Code of the Village of Johnson Creek.
C. 
Residency. Within six months following the date of appointment, the Administrator shall establish residency within 15 miles of the corporate limits of the Village; provided, however, that this residency requirement may be waived or varied by the Board pursuant to the terms of he contract of appointment entered into between the Administrator and the Village.
[Amended 5-11-2020 by Ord. No. 07-20]
D. 
Functions and duties of the Administrator. The Administrator, subject to the limitations defined in resolutions and ordinances of the Village of Johnson Creek and Wisconsin State Statutes, shall be the chief administrative officer of the Village, responsible only to the Village President and the Board for the proper administration of the business affairs of the Village, pursuant to the statutes of the State of Wisconsin, the ordinances of the Village of Johnson Creek, and the resolutions and directives of the Board, with powers and duties as follows. The Administrator shall:
(1) 
Carry out directives of the Board which require administrative implementation, reporting promptly to the Board any difficulties encountered herein.
(2) 
Be responsible for the administration of all day-to-day operations of the Village government, including the monitoring of all Village ordinances, resolutions, Board meeting minutes and state statutes.
(3) 
Establish when necessary administrative procedures to increase the effectiveness and efficiency of Village government according to current practices in local government, not inconsistent with directives of the Board.
(4) 
Serve as an ex officio nonvoting member of all boards, commissions and committees of the Village, except as specified by the Board or Wisconsin State Statutes.
(5) 
Represent the Village in matters involving legislative and intergovernmental affairs as authorized and directed.
(6) 
Act as public information officer for the Village.
(7) 
Serve as Personnel Officer with responsibility for the administrative direction and coordination of all employees of the Village according to the established organization procedures.
(8) 
Recommend to the Board the appointment, promotion and, when necessary for the good of the Village, the suspension or termination of department heads.
(9) 
Prepare and administer the annual Village budget.
E. 
Cooperation. All officials and employees of the Village shall cooperate with and assist the Administrator so that the Village government shall function effectively and efficiently.
A. 
The Assessor shall be appointed at the first regular meeting of the Village Board in December of each year by a majority vote of all members of the Village Board. 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.
B. 
The term of office for the Assessor shall be one year. Such term shall commence on the first day of January following appointment. Should the office of such official become vacant for any reason, the Village Board shall, by majority vote of all members, appoint a successor to fill out the remainder of that term.
A. 
Appointment. The Village Attorney is an appointed position. The Village President shall, at the organizational meeting in April, appoint a Village Attorney subject to confirmation by a majority of the members of the Village Board. The Village Attorney shall serve at the pleasure of the Village 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) 
The Village Attorney shall, when requested by Village officers, give written legal opinions, which shall be filed with the Village.
(3) 
The Village Attorney shall draft ordinances, bonds and other instruments as may be required by Village officers.
(4) 
The Village Attorney 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. 
Position created.
(1) 
There is hereby created the position of Building Inspector, who shall be appointed by the Village President subject to confirmation by the Village Board. His appointment shall continue during satisfactory service. He shall not be removed from office except for cause after full opportunity has been given him to be heard on specific charges.
(2) 
During temporary absence or disability of the Building Inspector, the appointing authority shall designate an acting Building Inspector.
(3) 
The manner and amount of compensation to be paid to the Building Inspector shall be fixed by the Village Board.
B. 
Powers and duties.
(1) 
It shall be the duty of the Building Inspector to see to the enforcement of all ordinance provisions relating to building permits and zoning.
(2) 
The Building Inspector shall make all inspections necessary for compliance with and enforcement of Chapter 250, Zoning.
(3) 
The Building Inspector shall have the power to order all work stopped on construction, alteration or repair of buildings, plumbing equipment, gas piping or electrical facilities in the Village when such work is being done in violation of any Village ordinance. Work shall not be resumed after the issuance of such an order except on written permission of the Building Inspector.
(4) 
The Building Inspector shall issue or cause to be issued all proper permits for such work after payment of the fees required therefor. He shall process all applications, make all inspections and have the authority to issue or cause to be issued a certificate of completion or occupancy permit.
C. 
Right of entry. The Building Inspector shall have the power to make or cause to be made an entry into any building or premises where the work of altering, repairing or constructing any building or structure is going on, including plumbing and electrical work.
A. 
Appointment. The office of the Village Clerk-Treasurer shall be filled by appointment made by the Village Board upon recommendation of the Village President. The Village Clerk-Treasurer shall hold office for an indefinite term, subject to removal by a majority vote of the Village Board.
B. 
Duties. The Village Clerk-Treasurer shall perform the statutory duties of Village Clerk and Treasurer under §§ 61.25 and 61.26, Wis. Stats., and such other duties as required by the Village Board.
[Amended 5-10-2010 by Ord. No. 04-10]
C. 
Additional duties include:
[Added 5-10-2010 by Ord. No. 04-10]
(1) 
Shall examine all invoices submitted for payment, for discrepancies in billing, costs and product delivery. Any discrepancies shall be reported to the Village Administrator and the Village Board of Trustees.
A. 
Appointment. The Village Engineer is an appointed position. The Village President shall, at the organizational meeting in April, appoint a Village Engineer subject to confirmation by a majority of the members of the Village Board. The Village Engineer shall serve at the pleasure of the Village Board.
B. 
Duties. The Village Engineer shall have the following duties. The Village Engineer shall:
(1) 
Develop plans and specifications for all Village-initiated public works projects.
(2) 
Review and approve all plans and specifications for public works projects that are developed by outside architectural/engineering firms and are intended for dedication to the Village.
(3) 
Review and approve all plans and specifications for subdivisions to be constructed within the Village.
(4) 
Inspect all public works projects to ensure contract specifications are being met.
(5) 
Monitor existing Village infrastructure systems and recommend repairs and upgrades as necessary.
(6) 
Establish Village standards for public infrastructure.
(7) 
Act as a resource to all Village boards, committees and commissions.
(8) 
Perform such other duties as may be assigned.
A. 
Appointment. The Fire Chief shall be appointed pursuant to the Board of Police and Fire-EMS Commissioners.
[Amended 1-25-2016 by Ord. No. 2-16]
B. 
Powers and duties of Chief.
(1) 
The Chief shall have general supervision of the Department, subject to this section 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 to preside at all meetings of the Department, to call special meetings, to preserve order, to decide all points of order that may arise and to enforce a rigid observance of this section and the bylaws.
(3) 
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.
(4) 
The Fire Chief shall enforce all fire prevention ordinances of this Village and state laws and regulations pertaining to fire prevention and shall keep citizens informed on fire prevention methods and on the activities of the Department.
(5) 
The Fire Chief shall keep a fire record book of every fire to which the Department was called and shall enter in such book the locality of the fire, the time the alarm was received, the cause of the fire, where the fire started, cause of delay (if any) in responding, the method of extinguishment and equipment used, the amount of insurance carried on the building and contents, the estimated fire loss, the time the fire was extinguished, the names of men or women responding and general remarks.
A. 
Appointment. The Village Library Director is an appointed position. The Library Board shall appoint the Village Library Director by a majority of its members. The Village Library Director shall serve at the pleasure of the Library Board.
B. 
Duties. The Village Library Director shall have the following duties. The Library Director shall:
(1) 
Develop, administer and monitor the library budget.
(2) 
Serve as the library administrator.
(3) 
Maintain applicable library standards pursuant to Wisconsin Statutes.
(4) 
Select, purchase and maintain all library materials.
(5) 
Develop programming for area residents.
(6) 
Serve as Village liaison with other libraries and library associations.
(7) 
Perform such other duties as may be assigned.
A. 
Appointment. The Village Planner is an appointed position. The Village President shall, at the organizational meeting in April, appoint a Village Planner subject to confirmation by a majority of the members of the Village Board. The Village Planner shall serve at the pleasure of the Village Board.
B. 
Duties. The Village Planner shall have the following duties. The Planner shall:
(1) 
Review and make recommendations on all matters to be presented to the Plan Commission.
(2) 
Develop and monitor the Comprehensive Master Plan.
(3) 
Develop and monitor Chapter 250, Zoning.
(4) 
Develop and monitor Chapter 245, Subdivision of Land.
(5) 
Act as a resource to all boards, committees and commissions.
(6) 
Act as a resource to all appointed officials.
(7) 
Perform such other duties as may be assigned.
A. 
Appointment.
(1) 
The Village Board may authorize the filling of the position of Police Chief. The Police Chief shall be appointed by a majority vote of the members of the Village Board for an indefinite term at the pleasure of the Board, subject to removal by a majority 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 vacancy, the ranking officer shall temporarily replace the Chief until the vacancy is filled by the Village Board.
(2) 
The compensation to be paid the Police Chief 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.
B. 
General duties.
(1) 
The Police Chief shall have command of the Police Department. He shall have general administration and control of the Department and shall be responsible for the Department's government, efficiency and general good conduct. He shall perform all duties prescribed to him by the laws of the state and the ordinances of the Village and shall obey all lawful written orders of the Village President or Village Board.
(2) 
The Police Chief 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 Village engaged in any disturbance of the peace or violating any law of the state or ordinance of the Village. The Chief shall cooperate with other law enforcement officers in the arrest or apprehension of persons charged with crime.
A. 
Appointment. The Public Works Director shall be appointed by a majority vote of the Village Board solely on the basis of merit, training, experience, administrative ability, efficiency and general qualifications and fitness for performing the duties of the position.
B. 
Term. The Public Works Director shall hold office for an indefinite term at the pleasure of the Board, subject to removal by a majority vote of the Village Board.
C. 
Duties and powers. The Public Works Director shall have the following duties and powers. The Public Works Director shall:
(1) 
Have general charge and supervision of all public works in the Village.
(2) 
Be responsible for the maintenance, repair and construction of streets, alleys, curbs and gutters, sidewalks, bridges, street signs, storm sewers, Village buildings and structures and all machinery, equipment and property used in any activity under his control.
(3) 
Have charge of all public services, including garbage and refuse collection and disposal, snow and ice removal, street cleaning and flushing, and mosquito and rodent control.
(4) 
Perform such other activities and duties as are imposed upon him from time to time by the Village Board or by his job description and employment contract.
The Public Works Director shall serve as the Weed Commissioner.
A. 
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. 
All officers and departments may make the necessary rules for the conduct of their duties and incidental proceedings.
C. 
The general laws for the punishment of bribery, misdemeanors and corruption in officers shall apply to Village officers.
D. 
Whenever a Village official in his official capacity proceeded against or was obliged to proceed before any 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 such sum as it sees fit to reimburse him for the expenses reasonably incurred for costs and attorneys' fees.
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. 
Requirement. Within five days after the election or appointment of any Village officer, the Village Clerk-Treasurer shall notify the person so selected thereof. Every person elected or appointed to the office of Village President, Trustee or Clerk-Treasurer shall, within five days after election or notice thereof, when required, take and file the official oath.
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. For the procedure for filling Village Board vacancies see Chapter 8, § 8-11 of this Code.
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.
Elected and appointed officials may be removed by the Village Board as provided in §§ 17.13 and 17.16, Wis. Stats.
Village officers must observe the standards of care imposed by § 19.21, Wis. Stats., with respect to the care and custody of official property.
Every officer shall, if required by law or the Village Board, upon entering upon the duties of his office, give a bond in such amount as may be determined by the Village Board, with such sureties as are approved by the Village President, conditioned upon the faithful performance of the duties of his office. Official bonds shall be filed with the office of the Village Clerk-Treasurer. Any person re-elected or reappointed to the same office shall take and file an official bond for each term of service.
A. 
Effect. The provisions of this section shall apply to all officers of the Village, regardless of the time of creation of the office or selection of the officer, unless otherwise specifically provided by ordinance or resolution of the Village Board.
B. 
Salaries. All officers of the Village shall receive such salaries as may be provided from time to time by the Village Board by ordinance, unless specifically permitted to be set by resolution. No officer receiving a salary from the Village shall be entitled to retain any portion of any fees collected by him for the performance of his duties as such officer in the absence of a specific law or ordinance to that effect. Payment of regular wages and salaries established by the Village Board shall be by payroll.
C. 
Outside employment. No full-time officer of the Village shall engage in any other remunerative employment within or without the Village, provided that the Village Board may approve such outside employment or activity if it finds that it does not interfere or conflict with such officer's ability to perform his duties in an efficient and unbiased manner. Violation of this provision shall be grounds for removal from office of any such officer.
The Village shall maintain a policies and procedures manual for the benefit of all officers and employees. The manual shall include such subjects as standards of conduct, employment policies, compensation and performance expectations and benefits.