[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.
[Amended 3-16-2006 by Ord. No. 2006-05; 9-23-2020 by Ord. No. V2020-02]
A.
Change in selection method. Pursuant to Wis. Stats., §§ 61.195,
61.197 and 66.0101(4), the Village of Vernon hereby elects not to
be governed by those portions of Wis. Stats., §§ 61.19,
61.23 and 61.25(2), which relate to the selection and tenure of the
village clerk, and which are in conflict with this Charter Ordinance
No. V2020-02.
B.
Appointment of Village Clerk. The Village Clerk shall be appointed
by majority vote by the Village Board. Appointments shall be in writing
and made for a fixed term not to exceed three years, subject to removal
as provided by law.
C.
Duties of the Village Clerk. The Village Clerk shall perform the
statutory duties of the Village Clerk as outlined in Wis. Stats.,
§ 61.25, and such other duties as described in the job description
adopted by the Village Board as may be amended from time to time.
[Amended 9-23-2020 by Ord. No. V2020-02]
A.
Change in selection method. Pursuant to Wis. Stats., §§ 61.195,
61.197 and 66.0101(4), the Village of Vernon hereby elects not to
be governed by those portions of Wis. Stats., §§ 61.195,
61.197 and 66.0101(4), which relate to the selection and tenure of
the Village Treasurer, and which conflict with this Charter Ordinance
No. V2020-02.
B.
Appointment of Village Treasurer. The Village Treasurer shall be
appointed by majority vote by the Village Board. Appointments shall
be in writing and made for a fixed term not to exceed three years,
subject to removal as provided by law.
C.
Duties of the Village Treasurer. The Village Treasurer shall perform
the statutory duties of the Village Treasurer as outlined in Wis.
Stats., § 61.26, and such other duties as described in the
job description adopted by the Village Board as may be amended from
time to time.
[Added 9-23-2020 by Ord.
No. V2020-02]
The Village Clerk/Treasurer was appointed at the Village Board's
organizational meeting on June 12, 2020, for a term until the first
Village Board election unless modified by Charter ordinance. Such
Village Clerk/Treasurer term shall continue until the offices are
separated as follows. The Clerk/Treasurer office shall be separated
into two separate positions as set forth herein effective on November
16, 2020, or, if a referendum is requested as set forth in Section
3,[1] on the 75th day after the effective date of this Charter
ordinance. After such date, the offices of Clerk and Treasurer are
hereby deemed incompatible, and no person shall serve in both offices
at the same time.
[1]
Editor's Note: Section 3 of Ord. No. V2020-02 provided
that this ordinance would take effect on the 60th day after its passage
and publication as provided by Wis. Stats., § 66.0101, subject
to the following. If within the sixty-day period a petition conforming
to the requirements of Wis. Stats., § 8.40, and signed by
a number of electors of the Village of Vernon equal to not less than
7% of the votes cast in the Village of Vernon (formerly the Town of
Vernon) for governor at the last general election is filed in the
office of the Clerk of the Village of Vernon demanding that the ordinance
be submitted to a vote of the electors, it may not take effect until
it is submitted to a referendum and approved by a majority of the
electors voting in the referendum.
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.
