[HISTORY: Adopted by the Common Council of the City of Burlington 1-5-1988 by Ord. No. 1203(25) as §§ 1.04 to 1.17, 1.29, 1.36, 3.02 and 11.01 of the 1988 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Boards, commissions and authorities — See Ch. 6.
Committees — See Ch. 14.
Elections — See Ch. 28.
Emergency government — See Ch. 31.
Code of Ethics — See Ch. 35.
Mayor and Council — See Ch. 50.
Residency requirements — See Ch. 71.
Retirement — See Ch. 74.
[Amended 10-1-1991 by Charter Ord. No. 1355(14); 1-4-2000 by Charter Ord. No. 1615(19)]
A. 
Clerk.
(1) 
Appointment. The office of Clerk shall be filled by appointment by the Mayor subject to confirmation by the Council, and the Clerk shall hold office at the pleasure of the Council.
(2) 
Duties. The Clerk shall perform those duties as are prescribed in § 62.09(11), Wis. Stats.
B. 
Treasurer.
(1) 
Appointment. The office of Treasurer shall be filled by appointment by the Mayor subject to confirmation by the Council, and the Treasurer shall hold office at the pleasure of the Council.
(2) 
Duties. The Treasurer shall perform those duties as are prescribed in § 62.09(9), Wis. Stats.
(3) 
Duplicate Treasurer's bond eliminated.
(a) 
Bond eliminated. The City elects not to give the bond on the Treasurer provided for by § 70.67(1), Wis. Stats.
(b) 
City liable for default of Treasurer. Pursuant to § 70.67(2), Wis. Stats., the City shall be obligated to pay, in case the Treasurer shall fail to do so, all state and county taxes required by law to be paid by such Treasurer to the County Treasurer.
A. 
The Assessor shall be appointed by the Mayor, subject to confirmation by the Council, upon such terms and conditions as the Council may prescribe. The Assessor shall report to and attend all meetings required by state law or specified by the Common Council and shall be under the control of the Council.
[Amended 11-18-2003 by Ord. No. 1740(20)]
B. 
Whenever the Assessor, in the performance of the Assessor's duties, requests or obtains income and expense information pursuant to § 70.47(7)(af), Wis. Stats., or any successor statute thereto, then such income and expense information that is provided to the Assessor shall be held by the Assessor on a confidential basis, except, however, that the information may be revealed to and used by persons in the discharge of duties imposed by law; in the discharge of duties imposed by office (including but not limited to use by the Assessor in performance of official duties of the Assessor's office and use by the Board of Review in performance of its official duties); or pursuant to order of a court. Income and expense information provided to the Assessor under § 70.47(7)(af), unless a court determines that it is inaccurate, is, per § 70.47(7)(af), not subject to the right of inspection and copying under § 19.35(1), Wis. Stats.
[Added 4-5-2000 by Ord. No. 1619(23)]
[Amended 9-4-2001 by Charter Ord. No. 1665(13); 7-5-2022 by Ord. No. 2084(5)]
A. 
City Attorney. The City Attorney shall be appointed by the Mayor, subject to the confirmation of the Council and shall hold office at the pleasure of the Council. To the extent that the City appoints a law firm, the City shall appoint a member of that firm to hold the office of City Attorney. The City Attorney shall perform those duties as prescribed in § 62.09(12), Wis. Stats., and this Code. The City Attorney may appoint an assistant City attorney or attorneys, who shall have power to perform the attorney's duties and for whose acts the City Attorney shall be responsible to the City. The City Attorney and such assistant attorneys shall be compensated by the City in accordance with the contract for engagement. Unless and to the extent specifically requested by the City Administrator, Mayor or Council, the City Attorney shall have no responsibility for matters for which the City has engaged other attorneys.
B. 
Other attorneys. The City may engage an attorney or law firm, on an ongoing or a matter-specific basis, to handle specific matters that would otherwise be handled by the City Attorney. These attorneys may include:
(1) 
Prosecuting attorney. The prosecuting attorney shall advise and represent the City in enforcing municipal ordinances.
(2) 
Labor and employment attorney. The labor and employment attorney shall represent and advise the City in connection with labor and employment matters, including without limitation the negotiation of collective bargaining agreements, employee discipline, and the creation and enforcement of employee policies and contracts. The City labor and employment attorney shall keep the common council and staff informed of changes in federal and state labor and employment laws that affect the City and shall promptly recommend any appropriate amendments to this Code resulting from such changes.
C. 
Special counsel. The City may engage special counsel for specific matters, which may include:
(1) 
Special counsel is required or appropriate to represent the City or a City body when the City Attorney has a conflict of interest or the specific matter merits third-party representation;
(2) 
An applicant or other third-party is contractually obligated or required under this Code to reimburse the city for the fees and costs of the special counsel;
(3) 
The engagement of such special counsel is specifically authorized in the City budget; and
(4) 
Specialized litigation.
(5) 
In all instances, the City shall not engage special counsel without the prior approval of the Council.
D. 
Contract. The City shall enter into a contract with the attorney approved by the Council that specifies the terms and conditions of the firm's and/or attorney's appointment or engagement.
E. 
Supervision. The City Administrator shall supervise the workload of the attorneys appointed or engaged by the City and may determine the priority of legal opinions and other services such attorneys shall perform. To ensure proper workflow, the City Administrator may require requests for legal opinions and other services to be initiated through the City Administrator or Assistant City Administrator.
F. 
Independent legal judgment. When rendering legal advice, an attorney shall exercise independent legal judgment. Neither the City Administrator nor any other official shall interfere with the exercise of an attorney's independent legal judgment or direct the conclusions of any legal opinion.
G. 
Delegation. Unless otherwise instructed by the City Administrator or Council, an attorney may delegate any task to a member of the attorney's firm; however, the attorney appointed or engaged by the City shall remain responsible for all such delegated tasks.
[Amended 9-23-1993 by Ord. No 1448(19); 12-6-1995 by Ord. No. 1517(24); 11-18-2013 by Ord. No. 1740(20); 12-20-2016 by Ord. No. 2009(5)]
A. 
Nomination. The Mayor shall appoint a special committee consisting of the Mayor and three Alderpersons to prepare procedures for the screening of candidates. The special committee shall nominate three candidates for consideration by the Common Council.
B. 
Appointment. The Common Council shall appoint a City Administrator by a majority vote of the full membership of the entire Council. Appointment shall be for a definite term fixed by employment contract or an indefinite term, but in either case the City Administrator shall serve at the pleasure of the Council subject only to the termination provisions of any employment agreement approved by the Council.
C. 
Removal procedure. Removal from the position of City Administrator shall be by majority vote of the full membership of the entire Common Council with 60 days' written notice. In the case of resignation, 60 days' written notice in advance shall be received by the Council.
D. 
Scope. The provisions of this section shall apply in all respects to the administrative process in the City, including implementing, coordinating, evaluation and planning services and programs within the ordinances or policy limits set by the Common Council to assure an efficient and effective organization and operation of all City departments.
E. 
Purpose. The purpose and object of this section is to provide for the proper administrative process whereby the organizational structure of the City government has a flow of accountability for all department services and functions.
F. 
Salary and evaluation. The salary of the City Administrator shall be as the Common Council shall, from time to time, determine and prescribe. The work performance of the City Administrator shall be evaluated annually at a time and in accordance with procedures determined by the Mayor and the Common Council.
G. 
Qualifications. The person appointed to the office of City Administrator shall have the following qualifications:
(1) 
Thorough knowledge of the principles and practices of municipal government administration.
(2) 
Good knowledge of public works operations.
(3) 
The ability to establish and maintain effective working relationships with Common Council members, appointed officials, consultants, department heads, employees and the general public.
(4) 
Be in good physical condition.
(5) 
Have good professional judgment.
(6) 
Have previous experience in municipal government, at least at the level of assistant to an administrator or a department head.
(7) 
Be a graduate from a college or university of recognized standing with a major in public administration, preferably a Master's degree in a relevant field, or any equivalent combination of experience and training which provide required knowledge, skills and abilities.
(8) 
Have a working knowledge of applicable federal and state assistance programs for municipalities.
H. 
Duties. The duties of the City Administrator shall be as follows:
(1) 
To enforce the laws and ordinances or policy limits and resolutions established by the Common Council to assure the efficient and effective organization and operation of all City department and services.
(2) 
To appoint on merit and, when necessary, suspend or discharge employees, except for the following:
(a) 
The Mayor, Clerk, Treasurer, City Attorney, Alderpersons, and those officers appointed by the Common Council.
(b) 
Employees of the Police and Fire Departments and library employees.
(3) 
To serve as personnel officer, including responsibility for employee relation matters.
(4) 
To have authority to review routines and working hours for all employees, administer fringe benefit plans, and recommend to the Common Council administrative control routines which will best promote efficiency and economy.
(5) 
To designate appropriate employees or departments for the handling or transaction of business that is not of a routine nature.
(6) 
To direct and coordinate City services, functions and programs, except when such authority is vested boards, commissions and appointed officials by Wisconsin Statutes.
(7) 
To advise the Common Council during preparation of the annual budget.
(8) 
To attend all Common Council meetings and, upon request, committee meetings.
(9) 
To prepare periodic and special reports concerning administrative activities and programs of the City.
(10) 
To make presentations and confer on behalf of the City with the general public and representatives of other public and private agencies.
(11) 
To hear, discuss, investigate, evaluate and settle citizen and other complaints within the scope of the City ordinances and policy limits of the City.
(12) 
To conduct staff meetings with department heads.
(13) 
To develop program goals and objectives.
(14) 
To evaluate the performance of department heads annually.
(15) 
To cause the enforcement and performance by the parties thereto of all City contracts.
(16) 
To have general responsibility for the construction and maintenance of such public works and improvements as are delegated to him/her by the Common Council.
(17) 
To keep the Mayor and the Common Council advised concerning developments pertaining to the City administration, business, and affairs, when deemed necessary or when requested by the Mayor or the Common Council.
(18) 
To coordinate long-term growth and development as it affects the City.
(19) 
To perform such other duties as may be prescribed by the Common Council, by this chapter or resolutions of the Common Council.
[Amended 12-6-1995 by Ord. No. 1518(25)]
A. 
Appointment. The City Engineer shall be appointed by the City Administrator subject to confirmation by the Common Council and shall be under the direct supervision of the City Administrator. In lieu of appointing a person to the position of Engineer, the City Administrator may engage an engineering firm, and if such is the case, the engineering firm shall perform the duties required of the Engineer throughout this Code, except where specifically excepted.
[Amended 11-18-2003 by Ord. No. 1740(20)]
B. 
Duties. The City Engineer shall perform resident engineering services and other engineering services which may be required of him by the Council and shall act in an advisory capacity to the other City departments and shall perform such other duties as may be prescribed by law or ordinance or by the Council.
C. 
Office and equipment. The City shall furnish the Engineer with an office with light, heat and telephone and such instruments and tools as may be required in the performance of his work. This provision shall not apply if the City Engineer's duties are undertaken by an engineering firm.
[Amended 11-18-2003 by Ord. No. 1740(20)]
[Amended 10-3-1995 by Ord. No. 1508(17); 12-6-1995 by Ord. No. 1518(25); 11-18-2013 by Ord. No. 1740(20); 12-20-2016 by Ord. No. 2009(5)]
The Public Works Director shall be selected by the City Administrator subject to confirmation by the Common Council and shall be under the direct supervision of the City Administrator.
A. 
Duties. The Public Works Director shall serve as the Street Commissioner and be charged with control of the Public Works Department, under direction of the Council. He shall assist the City Administrator in the hiring of necessary employees and, when the services of a consultant or other independent agent are necessary, shall recommend the same to the City Administrator and Common Council. He shall have supervision over all matters of the Public Works Department and the performance of such duties as may be prescribed by the Council. He shall keep a permanent record of all work ordered and performed and notices given by him on behalf of the City.
[1]
Editor’s Note: Former § 57-8, Public health; Health Officer, as amended, was repealed 12-7-2021 by Ord. No. 2074(10). Former §§ 57-9, Building Inspector, as amended, 57-10, Plumbing Inspector, as amended, 57-11, Electrical Inspector, as amended, 57-12, Utility Manager, as amended, and 57-13, Forester, as amended, were repealed 12-20-2016 by Ord. No. 2009(5).
The Common Council may assign the duties of an appointive office to another officer. References to such office in these ordinances or state laws shall include the officer to whom the duties are assigned.
[Added 10-3-2006 by Ord. No. 1809(13)]
Submission of an application for any employment or appointed position with the City shall constitute consent to a background investigation (including a criminal history and traffic history) by the City. All applicants shall be investigated by the Police Department, and the results of said investigation shall be forwarded to the City Administrator or the Administrator’s designee for placement in the applicant's file or employee's personnel file.