[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.]
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:
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.
(5)
Sale of real property. The Town Clerk shall execute
the conveyance of real property of the Town.
(6)
(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.
(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.
(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]
(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.
All offices and office holders under this chapter
shall comply with the State Open Meetings Law and the State Open Records
Law.[2]
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.
