Town of Vernon, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of Supervisors of the Town of Vernon 11-16-1995 by Ord. No. 45 (§§ 3.03 to 3.07 of the Town Code). Amendments noted where applicable.]
GENERAL REFERENCES
Boards, commissions and committees — See Ch. 9.
Elections — See Ch. 17.
A. 
Authority. The Town Chairperson of the Town of Vernon has the specific authority, powers and duties pursuant to §§ 60.13, 60.22 and 60.24, Wis. Stats., to manage and direct certain affairs of the Town of Vernon. In addition, the Town Chairperson of the Town of Vernon has additional general and specific statutory authority, powers and duties beyond Ch. 60, Wis. Stats., and has additional statutory authority, powers and duties with specific authorization of the Town Meeting or the Town Board.
B. 
General statutory authority, powers and duties of Town Chairperson in Ch. 60, Wis. Stats.
(1) 
Preside at meetings. The Town Chairperson of the Town of Vernon shall preside over meetings of the Town Board, Town Meetings and Plan Commission meetings.
(2) 
Sign documents. The Town Chairperson of the Town of Vernon shall sign all ordinances, resolutions, orders, regulations, commissions, licenses and permits adopted or authorized by the Town Board unless the Town Board, by ordinance, authorizes another Town officer to sign specific types of documents in the absence of the Town Chairperson.
[Amended 12-18-2014 by Ord. No. 2014-07]
C. 
Assure administration of statutes. The Town Chairperson shall supervise the administration of statutes relating to the Town and Town operations to see that they are faithfully executed.
D. 
Act on behalf of the Board. The Town Chairperson shall act on behalf of the Board to:
(1) 
See that Town orders and ordinances are obeyed.
(2) 
See that peace and order are maintained in the Town.
(3) 
Obtain necessary assistance, if available, in case of emergency, except as provided under Ch. 166, Wis. Stats.
E. 
Act on authorization of Town Board. The Town Board can authorize the Town Chairperson to act on the behalf of the Town Board to represent or designate another Town officer to represent the Town at meetings of, and hearings before, governmental bodies on matters affecting the Town.
F. 
Administer oaths. The Town Chairperson may administer oaths and affidavits on all matters pertaining to the affairs of the Town.
G. 
The Town Chairperson shall:
[Amended 3-16-2006 by Ord. No. 2006-05]
(1) 
Nominate election officials when the Town Board disapproves of the nominee of a party committee under § 7.30(4)(b)2, Wis. Stats.
(2) 
Serve as a caucus official under § 8.05(1)(c), Wis. Stats.
(3) 
Sue on official bonds, if any, under § 19.015, Wis. Stats.
(4) 
Execute and sign a certificate of indebtedness in connection with obtaining a state trust fund loan, if any, under § 24.67, Wis. Stats.
(5) 
Serve as Town Fire Warden under §§ 26.13 and 26.14, Wis. Stats.
(6) 
Exercise the powers and duties specified for a mayor under § 62.13, Wis. Stats., if the Town creates a joint board of police and fire commissioners or a joint police or fire department with a village under § 61.65(3g)(d)2, Wis. Stats., or a board of police and fire commissioners under § 60.57, Wis. Stats.
(7) 
Publish annually a notice regarding noxious weeds and appoint one or more commissioners of noxious weeds under § 66.0407, Wis. Stats.
(8) 
Approve the bond of the Town Treasurer delivered to the County Treasurer under § 70.67(1), Wis. Stats.
(9) 
See that all tunnels in the Town of Vernon are constructed under § 82.37, Wis. Stats., and that they are kept in good repair.
(10) 
Serve as a member of the County Highway Committee under § 83.015(1)(d), Wis. Stats.
(11) 
Close county trunk highways when rendered dangerous for travel and notify the County Highway Commissioner under § 83.09, Wis. Stats.
(12) 
Enforce regulation of fireworks under § 167.10, Wis. Stats.
(13) 
Perform the Town Chairperson's duties related to stray animals and lost goods under Ch. 170, Wis. Stats.
(14) 
Perform the Town Chairperson's duties related to distrained animals under Ch. 172, Wis. Stats.
(15) 
Perform the Town Chairperson's duties related to animals that have caused damage in the Town under Ch. 173, Wis. Stats.
(16) 
Cause actions to be commenced for recovery of forfeitures for violations of Town ordinances that can be recovered for violations of Town ordinances under § 778.11, Wis. Stats.
(17) 
Approve bonds furnished by contractors for public works under § 779.14(1m), Wis. Stats.
(18) 
Perform such other duties as authorized by law, the Town Board or the Annual Town Meeting.
The Town Clerk of the Town of Vernon has the specific statutory authority, powers and duties pursuant to §§ 60.10, 60.15, 60.33 and 60.331, Wis. Stats., to manage and direct certain affairs of the Town of Vernon. In addition, the Town Clerk of the Town of Vernon has additional general and specific statutory authority, powers and duties beyond Ch. 60, Wis. Stats., with certain authorization of the Town Meeting. Adoption of this chapter confirms the specific statutory authority, powers and duties of the Town Clerk.
A. 
General statutory authority, powers and duties of the Town Clerk.
(1) 
Clerk of the Town Meeting. The Town Clerk shall serve as Clerk of Town Meetings pursuant to § 60.15, Wis. Stats.
(2) 
Clerk of the Town Board.
(a) 
The Town Clerk shall serve as Clerk of the Town Board, shall attend meetings of the Town Board and shall keep a full record of the proceedings.
(b) 
The Town Clerk shall file all accounts approved by the Town Board or allowed at Town Meetings and enter a statement of the accounts in the record books of the Town.
(c) 
The Town Clerk shall file with the Town Board claims approved by the Town Clerk of the Town of Vernon, as required under § 60.44(2)(c), Wis. Stats.
(3) 
Finance records system. The Town Clerk shall maintain a finance records system which shall contain a complete record of the finances of the Town, showing receipts, with the date, amount and source of each receipt; disbursements, with the date, amount and object of each disbursement; and any other information relating to the Town finances prescribed by the Town Board.
(4) 
Elections, appointments and notices.[1]
(a) 
The Town Clerk shall perform the duties required by Chs. 5 and 12, Wis. Stats., relating to elections and notices.
(b) 
The Town Clerk shall transmit to the County Clerk, within 10 days after election or appointment and qualification of any Town Supervisor, Treasurer, Assessor or Clerk, a written notice stating the name and post office address of the elected or appointed officers and shall promptly notify the County Clerk of subsequent changes in such offices.
[1]
Editor's Note: See also Ch. 17, Elections.
(5) 
Sale of real property. The Town Clerk shall execute the conveyance of real property of the Town.
(6) 
Notices.
(a) 
The Town Clerk shall publish or post ordinances and resolutions as required under § 60.80, Wis. Stats.
(b) 
The Town Clerk shall give notice of Town Board of Town Annual and Special Town Meetings as required under §§ 60.11(5) and 60.12(3), Wis. Stats.
(c) 
The Town Clerk shall give notice of Town Board meetings and committee meetings pursuant to the Open Meetings Law.[2]
[2]
Editor's Note: See §§ 19.81 to 19.98, Wis. Stats.
(7) 
Records.[3]
(a) 
The Town Clerk shall comply with Subchapter II of Ch. 19, Wis. Stats., concerning any record of which the Town Clerk is legal custodian.
(b) 
The Town Clerk shall dispose of the books and papers as required by law.
(c) 
The Town Clerk is the legal custodian of and shall keep and safely preserve all property received from his/her predecessors and any property acquired during the term of his/her duties. Such officer or the estate of such officer must also convey to a successor all such property upon termination of office.
[3]
Editor's Note: See also Ch. 70, Records.
(8) 
Licenses and permits. The Town Clerk shall issue any license or permit granted by the Town Board when presented with a receipt from the Town Treasurer indicating that all required fees have been paid.
(9) 
Schools.
(a) 
The Town Clerk shall make and keep in the Town Clerk's office a map of the Town, showing the exact boundaries of school districts within the Town.
(b) 
The Town Clerk shall apportion, as provided by law, tax revenues collected by the Town for schools.
(10) 
Highways and bridges. The Town Clerk shall perform the duties specified in Chs. 82 and 92, Wis. Stats., relating to highways, bridges and drains.
(11) 
Notice of property tax revenue. The Town Clerk shall notify the Waukesha County Treasurer, by February 20, of the proportion of property tax revenue and of the credits under § 79.10, Wis. Stats., to be disbursed by the County Treasurer to each taxing jurisdiction located in the Town.
(12) 
Statement of indebtedness to Secretary of State. Whenever requested by the Secretary of State, the Town Clerk shall furnish, pursuant to § 69.68, Wis. Stats., a full and complete summary of the bonded indebtedness and all other indebtedness, the purpose for which the sum was incurred and any accrued interest, if any, remaining unpaid.
(13) 
Notice of cessation of operations. The Town Clerk shall receive the appropriate notice, pursuant to § 109.07, Wis. Stats., of mergers, liquidation, disposition, relocation or cessation of operations from any employer in the Town and shall then immediately inform the Town Board of receipt of such information.
(14) 
Release and publication of tax roll. The Town Clerk shall receive the assessment rolls and then publish a Class 1 notice, if applicable, and post notice under Ch. 985, Wis. Stats. The notice will provide that in the noted days the assessment roll will be open for examination by the taxable inhabitants.
(15) 
Rabies control program. The Town Clerk shall promptly post notice in at least three public places in the Town, pursuant to § 95.21(3), Wis. Stats., with notices of quarantine to be furnished by the appropriate agency.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
(16) 
Require seller's permit. The Town Clerk shall require proof of a seller's permit or application for a seller's permit from any person that requests a license or permit from the Town to engage in a business involving the sale at retail of tangible personal property subject to taxes under § 77.61, Wis. Stats.
(17) 
Prepare general statistics and annual statement of taxes. The Town Clerk shall make out and transmit to the County Clerk by year's end a statement pursuant to § 69.60, Wis. Stats., showing the assessed value of all property within the Town, all taxes levied, all special assessments made and purposes for special assessments and a complete and detailed assessment of the bonded and other indebtedness of the Town and of any accrued interest remaining unpaid and the purpose for which the indebtedness was incurred. In addition, on or before the third Monday of December, the Town Clerk shall file a statement of taxes levied with the State Department of Revenue.
(18) 
Make tax roll. The Town Clerk shall make out the complete list of all taxable real property, to be called the "tax roll," as required in § 70.65, Wis. Stats.
(19) 
Correct tax roll. The Town Clerk, before and after delivering the tax roll to the Town Treasurer, shall correct the errors in the tax roll required in § 70.73, Wis. Stats.
(20) 
Receive assessment roll. The Town Clerk shall receive from the Assessor, on or before the first Monday in May, the completed assessment roll as required by § 70.50, Wis. Stats.
(21) 
Other authority, powers and duties of Town Clerk. The Town Clerk shall have additional powers and duties as established by the Town Board.
B. 
Deputy Clerk. The Town Clerk may, pursuant to § 60.331, Wis. Stats., appoint a Deputy Clerk. The Deputy Clerk shall take and file the oath and bond as required by § 60.31, Wis. Stats.
A. 
Authority. The Town Treasurer has the specific authority, powers and duties to manage and direct certain affairs of the Town. Adoption of this chapter confirms the specific statutory authority, powers and duties of the Town Treasurer in Ch. 60, Wis. Stats.
B. 
Statutory authority, powers and duties of the Town Treasurer.
(1) 
Receive and disburse Town money.
(a) 
The Town Treasurer shall receive and take charge of all money belonging to the Town, or that money which is required by law to be paid into the Town treasury, and shall disburse the money pursuant to § 66.0607, Wis. Stats.
(b) 
The Town Treasurer shall keep an itemized account of all money received and disbursed, specifying the source from which it was received, the person to whom it was paid and the object for which it was paid. The Town Treasurer shall issue numbered receipts for all funds received. At the request of the Town Board, the Town Treasurer shall present the account books and any supporting documents requested to the Town Board.
(2) 
Deposit of Town money. The Town Treasurer shall deposit, as soon as practicable, the funds of this Town in the name of the Town in a proper public depository or in the public depository or public depositories designated by the Town Board. The interest arising from the money deposited shall be paid into the treasury of the Town.
(3) 
Records. The Town Treasurer shall comply with Subchapter II of Ch. 19, Wis. Stats., concerning records of which the Town Treasurer is legal custodian.
(4) 
Taxes. The Town Treasurer shall perform all of the duties relating to taxation required of the Town Treasurer under Chs. 70 through 79, Wis. Stats.
(5) 
Deputy Town Treasurer. The Town Treasurer may appoint a Deputy Treasurer. The Deputy Treasurer shall take and file the oath and bond as required by § 60.31, Wis. Stats.
(6) 
Reports. The Town Treasurer shall give monthly reports to the Town Board and an annual report at the Annual Town Meeting of receipts, disbursements and status of all accounts.
(7) 
Other duties. The Town Treasurer shall perform such other duties as authorized by law.
A. 
Authority. The Town of Vernon Town Meeting, pursuant to § 60.10, Wis. Stats., gives the Town Board the authority to select and retain Town Assessors for the Town of Vernon. The Town Board has selected by appointment a Town Assessor. Adoption of this chapter confirms the specific statutory authority, powers and duties established in Chs. 60, 66, 70 and 73, Wis. Stats., and establishes, pursuant to the above-noted chapters and this chapter, other statutory authority, powers and duties of the Town Assessor.
B. 
Term and qualification. The term of the appointment for the Assessor and the contract made with the Assessor will be for a term to be determined from time to time by the Vernon Town Board. All persons responsible for the assessment shall be certified assessors under § 73.09, Wis. Stats. All designees shall file an oath under § 19.01, Wis. Stats., and shall sign the affidavit attached to the assessment roll under § 70.49, Wis. Stats.
C. 
Statutory authority, powers and duties of Town Assessor. The Town Assessor shall have all the statutory authority, powers and duties for property tax assessment required of the Town Assessor pursuant to Chs. 60, 66, 70 and 73, Wis. Stats.
A. 
The Town Board and the Town Chairperson have the specific statutory authority, powers and duties, pursuant to §§ 60.22 and 60.24, Wis. Stats., to establish special offices and retain or appoint, remove, compensate and establish the powers and duties of persons to those special offices.
B. 
Adoption of this chapter confirms the specific statutory authority, powers and duties noted above in Ch. 60, Wis. Stats., and establishes the powers to establish and to retain or appoint or remove the members and establish the powers and duties of these special offices and the power to terminate these special offices.
A. 
The Town Board may, pursuant to § 60.37, Wis. Stats., designate one or more Attorneys on a temporary or continuing basis for legal matters or to represent the Town of Vernon in legal proceedings.
B. 
The Town Attorney has the duties and powers established in § 60.37, Wis. Stats., plus any other additional powers and duties established by the Town Board from time to time.
A. 
The Town Board may, pursuant to §§ 60.41 and 60.43, Wis. Stats., designate, retain or employ one or more accountants, including certified public accountants, on a temporary or continuing basis to assist with financial matters and audit the Town's accounts.
B. 
The terms and conditions of retention and compensation shall be established by written agreement between the Auditor(s) and the Town Board.
C. 
The Accountant has the duties and powers established in §§ 60.41 and 60.43, Wis. Stats., plus any additional powers and duties established by the Town Board from time to time. The Auditor shall make periodic reports to the Town Board and an annual report to the Town Meeting of the status of the accounts of the Town.
A. 
The Town Board shall, pursuant to § 166.03(4), Wis. Stats., appoint the Town of Vernon Emergency Government Coordinator. The person appointed will hold office for a term to be determined by the Town Board from time to time.
B. 
The Emergency Government Coordinator has the duties and powers established in Ch. 166, Wis. Stats., plus any additional powers and duties established by the Town Board. The Emergency Government Coordinator shall submit a periodic report to the Town Board and an annual report to the Town Meeting of the activities within the officer's authority and status of emergency government in the Town. The officer shall submit a proposed budget for his/her department to the Town Clerk and the Finance Committee at an exact date to be established from year to year by the Town Board and the Town Clerk.
A. 
The Town Board may, pursuant to § 82.03(1)(b), Wis. Stats., appoint a Director of Public Works. The terms and conditions of employment shall be established in a written agreement between the Town Board and the Director.
B. 
The Director of Public Works shall have the duties and powers established in § 81.02, Wis. Stats., plus any other additional duties established by the Town Board. The Director shall submit a proposed budget for his/her department to the Town Clerk and the Finance Committee at an exact date to be established from year to year by the Town Board and the Town Clerk.
A. 
The Town Board may, pursuant to § 60.37, Wis. Stats., appoint one or more Town Engineers. The terms and conditions of the appointment may establish a written agreement between the Engineer and the Town Board.
B. 
The Town Engineer shall assist the Director of Public Works, conduct surveys, review matters relating to traffic safety and land division, prepare engineering studies, plans and specifications, inspect work done and report to the Plan Commission or the Town Board.
A. 
The Town Board may, pursuant to §§ 61.35 and 62.23, Wis. Stats., appoint one or more Building, Electrical and Plumbing Inspectors for both residential and commercial duties. All such appointments shall be certified and remain certified for such positions by the State of Wisconsin, Department of Commerce.
B. 
The terms and conditions of retention and compensation shall be established by written agreement between the Inspector(s) and the Town Board.
C. 
The Inspector(s) shall perform all duties established by Ch. 101, Wis. Stats., the Wisconsin Administrative Code, and relevant sections within Town ordinances. The Inspector(s) shall keep accurate and complete records of all work performed and submit monthly reports to the Town Board and an annual report to the Town Meeting of all activity performed.
A. 
The Town Board may establish and appoint a Town Planner. The terms and conditions of the appointment are subject to a written agreement between the Town Planner and the Town Board.
B. 
The Town Planner has the powers and duties established by the Town Board, plus any other duties established by the Waukesha County Zoning Codes and the Town ordinances.
A. 
The Town Chairperson shall appoint on or before May 15 of each year a Weed Commissioner. The person appointed will hold the office for a term to be decided by the Town Board from time to time.
B. 
The Town Board shall establish the compensation and other terms and conditions in a written agreement for the Weed Commissioner. In addition, the Town Board may establish a method for reimbursement of cost and expenses.
C. 
The Weed Commissioner shall have the powers and duties established in § 66.0407, Wis. Stats., plus any other powers and duties established by the Town Board from time to time.
A. 
The Town Board may establish and appoint a humane officer. The terms and conditions of the appointment are subject to a written agreement between the Humane Officer and the Town Board.
B. 
The Town of Vernon Humane Officer(s) has the duties and powers established in §§ 95.21(b) and 174.001(4), Wis. Stats., and Chapter 117, Animals, of the Town Code, plus any other additional powers and duties established by the Town Board of the Town of Vernon. The Humane Officer shall make periodic reports to the Town Board and an annual report to the Town Meeting regarding the officer's activities.
A. 
Every person who holds an office under this chapter shall be a resident of the Town of Vernon within eight weeks of appointment except for the offices listed below. The person shall remain a resident of the Town of Vernon while he or she holds the office. If the person no longer resides in the Town, then the office shall be considered vacant and the appropriate appointing authority shall appoint new persons to these offices within 30 days after a vacancy has been declared by the Town Board.
B. 
The following positions need not be held by Vernon residents:
(1) 
Town Attorney.
(2) 
Town Engineer.
(3) 
Auditor/Accountant.
(4) 
Assessor.
(5) 
Building Inspector.
(6) 
Humane Officer.
(7) 
Town Planner.
(8) 
Deputy Clerk.
All offices and office holders under this chapter shall comply with the State Open Meetings Law and the State Open Records Law.[2]
[1]
Editor's Note: See also Ch. 70, Records.
[2]
Editor's Note: See §§ 19.81 to 19.98 and §§ 19.21 to 19.39, Wis. Stats., respectively.
A. 
Oath. Pursuant to § 60.31, Wis. Stats., all officials listed in this chapter shall take and file the oath prescribed in § 19.01, Wis. Stats.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
Bond. Pursuant to § 60.31(2), Wis. Stats., the Town shall obtain a bond to cover the faithful performance of duties for the following listed officials: Town Clerk, Deputy Clerk, Town Treasurer, and Deputy Treasurer. The Town Board establishes the bond amount. If the Town Board at any time determines that the bond is insufficient, it may require an additional bond to be filed within 10 days in an amount fixed by the Town Board.
A. 
Eligibility. Any person who is a qualified elector in the Town of Vernon may hold any elected Town office in the Town. No member of the Town Board may, during his or her term, be eligible for any Town office or Town position which is vested in the Town Board. Any member of the Town Board will be eligible for such Town office or Town position if such person resigns from the Town Board before being appointed to the office or position and if the office or position was not created during his or her term in office.
B. 
Compatibility. Certain Town offices are incompatible, by common law and statutory law, with other Town offices and also with other county, state, or federal offices. No Town officer, by this chapter, shall serve in both offices at the same time.