[HISTORY: Adopted by the Common Council of the City of Manawa 10-18-1993 as Title 2, Ch. 3 of the 1989 Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 4.
Administrative determinations — See Ch. 7.
City property — See Ch. 21.
Ethics — See Ch. 32.
Public records — See Ch. 65.
A. 
General powers. Officers shall have generally the powers and duties prescribed for like officers of cities, towns and villages, except as otherwise provided, and such powers and duties as are prescribed by law and, except as to the Mayor, shall perform such duties as shall be required of them by the Council. Officers whose powers and duties are not enumerated in W.S.A. Ch. 62 shall have such powers and duties as are prescribed by law for like officers or as are directed by the Council.
B. 
Rules. All officers and departments may make the necessary rules for the conduct of their duties and incidental proceedings.
C. 
Applicability of ethics statutes. The general laws for the punishment of bribery, misdemeanors and corruption in office shall apply to City officers.
D. 
Legal representation. Whenever any City official, in his or her official capacity, is proceeded against or obliged to proceed before any civil court, board, committee or commission to defend or maintain his or her official position or because of some act arising out of the performance of his or her official duties and he or she has prevailed in such proceedings or the Council has ordered the proceedings discontinued, the Council may provide for payment to such official such sum as it sees fit to reimburse him or her for the expenses reasonably incurred for costs and attorney fees.
E. 
Officers eliminated.
(1) 
As provided in W.S.A. s. 62.09(1)(b), the office of Comptroller is hereby eliminated. The duties of that office shall be performed by the City Clerk-Treasurer.
(2) 
The office of Street Commissioner is dispensed with. The duties thereof shall be performed by the Director of Public Works.
(3) 
The office of Constable is hereby dispensed with. The duties thereof shall be performed by the Chief of Police.
[State law reference: W.S.A. ss. 62.09(7) and 62.115]
A. 
Appointment not to be governed by statutes. The City of Manawa, pursuant to W.S.A. ss. 62.09 and 66.01, hereby elects not to be governed by those portions of W.S.A. Ch. 62 which are in conflict with this section. (Charter Ordinance)
B. 
Combined offices. The offices of City Clerk and City Treasurer are hereby consolidated, and the duties of both offices shall be performed by the person appointed as City Clerk-Treasurer. The Clerk-Treasurer shall be appointed by the Mayor, subject to confirmation by the members-elect of the Common Council.
C. 
Term. The Clerk-Treasurer shall hold office for an indefinite term subject to termination as is provided for in W.S.A. s. 17.12(1)(c) and (d).
D. 
Duties. The City Clerk-Treasurer shall be responsible for performing those duties required by W.S.A. ss. 62.09(9) and (11) and for the following additional duties. The Clerk-Treasurer shall:
(1) 
Perform all election duties as required by Wisconsin statute and keep and maintain all election records and all property used in conjunction with holding of elections.
(2) 
Publish all legal notices unless otherwise provided and file and preserve all contracts, bonds, oaths of office and other documents not required to be filed elsewhere.
(3) 
Issue all licenses required by ordinance or statute, except as otherwise provided.
(4) 
Prepare the tax roll and tax notices required by the State of Wisconsin.
(5) 
Attend meetings, take minutes and maintain files for the Common Council and such other official boards and commissions as may be directed.
(6) 
Maintain a file on all City records, ordinances, resolutions and vouchers.
(7) 
Type and distribute reports for the Council and for federal and state agencies.
(8) 
Audit and obtain approval on claims charged against the City.
(9) 
Prepare financial and bank statements.
(10) 
Issue purchase orders.
(11) 
Assist the City Assessor in maintaining property assessment records.
(12) 
Administer oaths and affirmations.
(13) 
Maintain fiscal records for the city and serve as City Comptroller.
(14) 
Issue licenses to various vendors in city.
(15) 
Make reports to the state on assessments.
(16) 
Prepare and send invoices for services provided by municipal utilities.
(17) 
Perform recordkeeping, billing, collections, banking, investments, accounting and financial reporting of all city operations, including utilities.
(18) 
Develop and implement improved internal control and financial reporting procedures as necessary or as requested.
(19) 
Collect all taxes for the city and other taxing bodies.
(20) 
Invest idle funds for maximum interest earnings.
(21) 
Prepare a monthly financial report.
(22) 
Maintain payroll records and prepare payroll checks from approved employee time sheets.
(23) 
Prepare check vouchers for payment of approved claims for signature.
(24) 
Coordinate the preparation and compilation of the annual city budget.
(25) 
File financial and other reports with various state agencies.
(26) 
File insurance claims on behalf of the city.
(27) 
Make property tax settlements with the County Treasurer and turn over to school districts and other taxing units their proportionate share of property tax collections.
(28) 
Locate suppliers of goods or services and obtain quotes.
(29) 
Advertise for bids, receive them and summarize the results.
(30) 
Issue purchase orders.
(31) 
Identify and evaluate ideas to achieve more efficient and effective operation.
(32) 
Coordinate, supervise and conduct elections.
(33) 
Confer with the Mayor, department heads and Common Council committees about projects and problems.
(34) 
Serve as a member of the Board of Review.
(35) 
Maintain personnel files.
(36) 
Perform such duties as may be directed by Common Council.[1]
[1]
Editor's Note: Former § 54-2E, Bond, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Clerk-Treasurer may appoint a Deputy Clerk-Treasurer, subject to confirmation by a majority of all the members of the Common Council. The Deputy Clerk-Treasurer shall act under the Clerk-Treasurer's direction and, during the temporary absence or disability of the Clerk-Treasurer or during a vacancy in such office, shall perform the duties of Clerk-Treasurer. The acts of the Deputy shall be covered by official bond as the Common Council shall direct.
A. 
Appointment. The office of City Attorney is an appointed position. The Mayor shall appoint a City Attorney, subject to confirmation by a majority of the members of the Common Council. The City Attorney shall serve at the pleasure of the Council.
B. 
Duties. The City Attorney shall have the following duties. The Attorney shall:
(1) 
Conduct all of the law business in which the city is interested.
(2) 
When requested by city officers, give written legal opinions, which shall be filed with the city.
(3) 
Draft ordinances, bonds and other instruments as may be required by city officials.
C. 
The Attorney may appoint an assistant, who shall have the power to perform his or her duties and for whose acts he or she shall be responsible to the city. Such assistant shall receive no compensation from the city, unless previously provided by ordinance.
D. 
The Common Council may employ and compensate special counsel to assist in or take charge of any matter in which the city is interested.
E. 
The City Attorney shall perform such other duties as provided by state law and as designated by the Common Council.
[State law reference: W.S.A. s. 62.09(12)]
A. 
Appointment.
(1) 
The Chief of Police shall be appointed by the Common Council and shall hold office during satisfactory performance, subject to suspension or removal by the Commission pursuant to law.
(2) 
The compensation to be paid the Chief of Police for his or her services, the hours of active duty, rest days, vacation periods and other involvement of his or her employment shall be such as may be determined by the Common Council from time to time.
B. 
General duties. Duties of the Chief of Police shall be as set forth in Chapter 59, Police Department, § 59-4.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[1]
Editor's Note: See also Ch. 59, Police Department.
A. 
Appointment. The Fire Chief shall be appointed and serve pursuant to Chapter 152, Fire Prevention, of this Code.
B. 
Duties and powers.
(1) 
The Chief shall have general supervision of the Fire Department personnel, apparatus and equipment. The Fire Chief, or his or her designee, shall be present at fires and command all fire-fighting operations. The Fire Chief may make such further rules, regulations and policies for the government of the Fire Department as he or she may deem necessary, provided that such rules and regulations shall not be inconsistent with the laws of the State of Wisconsin or Department bylaws. The Fire Chief shall, by virtue of his or her office, hold the office of Fire Inspector, or the Fire Chief may delegate a member of the Department to serve as the Fire Inspector.
(2) 
The Fire Chief shall enforce all fire prevention ordinances of the city 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.
C. 
Reports of Chief. The Fire Chief shall report to the Common Council from time to time at his or her discretion or upon the request of said Common Council on matters concerning departmental matters and shall perform such other duties in conformance with his or her office as may from time to time be required of him or her by the Common Council.
(State law reference: W.S.A. s. 62.13)
A. 
Appointment.
(1) 
The City of Manawa hereby elects not to be governed by those portions of W.S.A. s. 62.09(3)(b) relating to the method of selection of the City Assessor which are in conflict with this section.
(2) 
The City Assessor, or assessing firm, shall be appointed by the Mayor, subject to confirmation by the Council. The Assessor's term shall be indefinite.
(3) 
A corporation or an independent contractor may be appointed as Assessor. The corporation or independent contractor so appointed shall designate the person responsible for the assessment. The designee shall file the official oath under W.S.A. s. 19.01 and sign the affidavit of the Assessor attached to the assessment roll under W.S.A. s. 70.49.
(4) 
No Assessor shall be appointed unless said Assessor is certified by the Wisconsin Department of Revenue as qualified to perform the functions of the office of Assessor.
B. 
Duties. The Assessor shall perform all duties required of such office as provided by law and such other duties as are requested to be executed by such person by the Common Council from time to time.
C. 
Definition. For purposes of this section, "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.
[State law reference: public officials' oaths and bonds, W.S.A. s. 19.01; corporation as Assessor, W.S.A. s. 62.09(1)(c); Assessor certification, W.S.A. s. 73.02; Assessors in cities, W.S.A. s. 70.05]
A. 
Appointment. The Director of Public Works shall be appointed by the Mayor, subject to confirmation by the Council. The Director of Public Works shall have an indefinite term of office.
B. 
Duties. The Director of Public Works shall have the following duties. The Director of Public Works shall:
(1) 
Plan, direct and inspect the repair and maintenance of streets, curbs and gutters, sidewalks, streetlights and street trees.
(2) 
Plan, direct and inspect the maintenance of parks, including grass cutting, playground equipment installation or repair and building maintenance.
(3) 
Supervise plowing of snow and all phases of snow and ice control on city streets, alleys, sidewalks and public parking lots.
(4) 
Supervise the operation of the municipal garage and the repair and maintenance of city-owned vehicles and equipment.
(5) 
Schedule the daily and weekly jobs of the Public Works Department employees and make necessary modifications due to emergencies.
(6) 
Plan for the maintenance and repair of all city vehicles, machinery and equipment and be responsible for related records.
(7) 
Work with consulting engineer in planning street and storm sewer projects.
(8) 
Serve as coordinator between consulting engineer and contractors in street and storm sewer projects.
(9) 
Repair and maintain all official city sign use and traffic control marking, to be done in compliance with the State Traffic Code and local ordinances.
(10) 
Perform such other duties as may be directed by the Common Council.
A. 
Selection. The Mayor shall appoint a Health Officer yearly, subject to confirmation by the Common Council. The Health Officer's term shall be for a one-year period concurrent with the Mayor's term of office and shall commence on the first day of May succeeding his or her appointment. Such Health Officer shall be a physician or, in lieu thereof, a person with training and experience in public health administration which shall meet training and experience requirements established by the State Department of Health and Social Services. If the Health Officer is not a physician, the Board of Health shall arrange for and provide in addition such services of a physician as may be necessary on either a part-time or full-time basis and provide reasonable compensation therefor.
[Amended 1-3-2000]
B. 
Vacancy. If a vacancy in the position of Health Officer occurs, the Mayor shall immediately fill the position.
C. 
Responsibilities.
(1) 
The Health Officer shall provide such additional rules and regulations as are necessary for the preservation of health, to prevent the spread of communicable diseases, and to cause the removal of all objects detrimental to health and to enforce the health laws. All proposed rules and regulations shall be reported to the Common Council the Health Officer, and if the Council approves the same by a vote of a majority of its members, they shall have the force and effect of ordinances, including penalty for violation.
(2) 
The Health Officer shall from time to time recommend to the Common Council such sanitary measures, to be executed by the City as seem necessary, and shall discharge such other duties as may be imposed upon the Council by ordinance or resolution.
(State law reference: Chapter HSS 139.05 of the Wisconsin Administrative Code)
The Weed Commissioner shall be appointed by the Mayor, subject to Council confirmation. The term of office of the Weed Commissioner shall commence on the first day of May following his or her appointment. The Weed Commissioner shall take the official oath, which oath shall be filed in the office of the Clerk-Treasurer, and shall hold office for one year. The Weed Commissioner shall hold office pursuant to and fulfill the duties set out in state law. (State law reference: W.S.A. ss. 66.97 and 66.98)
A. 
No person shall be elected by the people to a City office who is not, at the time of his or her election, a citizen of the United States and of this state and an elector of the City and, in case of a ward office, of the ward and actually residing therein.
B. 
An appointee by the Mayor, requiring to be confirmed by the Council, who shall be rejected by the Council shall be ineligible for appointment to the same office for one year thereafter.
C. 
No member of the Common Council shall, during the term for which he or she is elected, be eligible for an office or position which, during such term, has been created by, or the selection to which is vested in, the Council, provided that the Council may be represented on City boards or commissions where no additional remuneration is paid such representative, except as otherwise provided by the laws of the State of Wisconsin.
[State law reference: W.S.A. s. 62.09(2)]
A. 
Elected officials. Elected officials may be removed by the Common Council as provided in W.S.A. ss. 17.12(1)(a) and 17.16.
B. 
Appointed officials. Appointed officials may be removed as provided in W.S.A. ss. 17.12(1)(c) and 17.16.
(Annotation: 62 Atty. Gen. Op. 97.)
City officers must observe the standards of care imposed by W.S.A. s. 19.21 with respect to the care and custody of official property.
A. 
Oath. Every person elected or appointed to any statutory office shall take and file his or her official oath within 10 days after the notice of his or her election or appointment.
B. 
Bonds. Such statutory officers as the laws of Wisconsin or the Common Council may direct shall execute and file an official bond in such form as the Council may determine. The Council may at any time require new or additional bonds of any officer. All official bonds must be approved by the Mayor and, when so approved, then be filed within 10 days after the officer executing the same shall have been notified of this election or appointment. Official bonds shall be filed with the City Clerk-Treasurer and shall be recorded by the Clerk-Treasurer in a book kept by him or her for that purpose.
[Amended 1-3-2000]
[Added 10-15-2001]
No person not residing in the City of Manawa or the Township of Little Wolf shall be eligible to serve as an emergency department head for the City of Manawa. This requirement shall not apply to any other City employees. All other City employees must be residents of Waupaca County.