[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]
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.
(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.
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.
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.
