[HISTORY: Adopted by the Village Board of the Village of New Glarus
1-18-2000 by Ord. No. 99-14 as Title 2, Ch. 3 of the 2000 Code. Amendments
noted where applicable.]
A.
General powers. Officers shall have generally the powers
and duties prescribed for like officers of towns and villages, except as otherwise
provided, and such powers and duties as are prescribed by law and, except
as to the Village President, shall perform such duties as shall be required
of them by the Village Board. Officers whose powers and duties are not enumerated
in Chapter 61 of the Wisconsin Statutes shall have such powers and duties
as are prescribed by law for like officers or as are directed by the Village
Board.
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 Village officers.
D.
Legal representation. Whenever a Village official in
his official capacity is proceeded against or obliged to proceed before any
civil court, board or commission to defend or maintain his official position
or because of some act arising out of the performance of his official duties,
and he has prevailed in such proceedings or the Village Board has ordered
the proceedings discontinued, the Board may provide for payment to such official
of such sum as it sees fit, to reimburse him for the expenses reasonably incurred
for costs and attorneys' fees.
The Village officials hereinafter set forth shall be appointed by the
Village Board, and one or more of said offices may be held by the same person.
Persons appointed to perform the duties of the following offices shall hold
office for an indefinite term, subject to removal as provided by § 17.12(1)(c)
and (d), Wis. Stats.
[Added 5-1-2001 by Ord. No.
01-03]
A.
Position of the Village Administrator. In order to provide
the Village of New Glarus with a more efficient, effective and responsible
government under a system of part-time Trustees operating as a Village Board
(hereinafter referred to as "Board"), at a time when Village government is
becoming increasingly complex, there is hereby created the position of Village
Administrator for the Village of New Glarus (hereinafter referred to as "Administrator").
B.
Appointment, term of office and removal. The Administrator
shall be appointed on the basis of merit with due regard to training, experience,
administrative ability and general fitness for the office, by a majority vote
of the Board. For the purpose of appointing or terminating the Administrator,
the Village President and each Board member shall cast one vote. The Administrator
shall hold office for an indefinite term subject to removal at any time by
a majority vote of the Board. This subsection, however, shall not preclude
the Board from establishing other employment terms and conditions not inconsistent
with the provisions of this section or the Code of the Village of New Glarus.
C.
Residency. The Administrator shall become a resident
of the Village of New Glarus within six months following the date of appointment,
unless this requirement is specifically waived or varied by Board ordinance
or by contract authorized by the Board and entered into with the Administrator,
covering the terms and conditions of residency.
D.
Functions and duties of the Administrator. The Administrator,
subject to the limitations defined in resolutions and ordinances of the Village
of New Glarus and Wisconsin Statutes, shall be the chief administrative officer
of the Village, responsible only to the Village President and the Board for
the proper administration of the business affairs of the Village, pursuant
to the Statutes of the State of Wisconsin, the ordinances of the Village of
New Glarus, and the resolutions and directives of the Board, with power and
duties as follows:
(1)
General duties. The Administrator shall:
(a)
Carry out directives of the Board which require administrative
implementation, reporting promptly to the Board any difficulties encountered
therein.
(b)
Be responsible for the administration of all day-to-day
operations of the Village government, including the monitoring of all Village
ordinances, resolutions, Board meeting minutes and state statutes.
(c)
Establish, when necessary, administrative procedures
to increase the effectiveness and efficiency of Village government according
to current practices in local government not inconsistent with directives
of the Board.
(d)
Serve as ex officio nonvoting member of all boards, commissions
and committees of the Village, except as specified by the Board or Wisconsin
Statutes.
(e)
Keep informed concerning current federal, state and county
legislation and administrative rules affecting the Village and submit appropriate
reports and recommendations thereon to the Board.
(f)
Keep informed concerning the availability of federal,
state and county funds for local programs and assist department heads and
the Board in obtaining these funds under the direction of the Village President
and the Board.
(g)
Represent the Village in matters involving legislative
and intergovernmental affairs as authorized and directed as to that representation
by the Board.
(h)
Act as public information officer for the Village with
the responsibility of assuring that the news media are kept informed about
the operations of the Village and that all open meeting rules and regulations
are followed.
(i)
Establish and maintain procedures to facilitate communications
between citizens and Village government to assure that complaints, grievances,
recommendations and other matters receive prompt attention from the responsible
official and to assure that all such matters are expeditiously resolved.
(j)
Promote the economic well-being and growth of the Village
through public and private sector cooperation.
(2)
Responsibilities to Village Board. The Administrator
shall:
(a)
Attend all meetings of the Board, assisting the Board
as required in the performance of its duties.
(b)
In coordination with the Board and the Clerk-Treasurer,
ensure that appropriate agendas are prepared for all meetings of the Board,
all Board committees, and all other appropriate committees and commissions
of the Village, together with such supporting material as may be required,
with nothing herein being construed as to give the Administrator authority
to limit or in any way prevent matters from being considered by the Board
or any of its committees and commissions.
(c)
Assist in the preparation of ordinances and resolutions
as requested by the Board or as needed.
(d)
Keep the Board regularly informed about the activities
of the Administrator's office by oral and written reports at regular and special
meetings of the Board.
(3)
Personnel. The Administrator shall:
(a)
Be responsible for the administrative direction and coordination
of all employees of the Village, according to the established organization
procedures.
(b)
Recommend to the Board the appointment, promotion, and
when necessary for the good of the Village, the suspension or termination
of department heads.
(c)
In consultation with the appropriate department head,
make recommendation to the Board for the appointment, promotion, and when
necessary for the good of the Village, the suspension or termination of employees
below the department head level.
(d)
Serve as Personnel Officer for the Village with responsibilities
to see that complete and current personnel records, including specific job
descriptions, for all Village employees are kept; develop and enforce high
standards of performance by Village employees; assure Village employees have
proper working conditions; and work closely with department heads to resolve
promptly personnel problems or grievances.
(e)
Work closely with department heads to assure that employees
receive adequate opportunities for training to maintain and improve their
job-related knowledge and skills and act as the approving authority for requests
by employees to attend conferences, meetings, training schools, etc., provided
that funds have been budgeted for these activities.
(4)
Budgeting and purchasing. The Administrator shall:
(a)
Be responsible for the preparation of the annual Village
budget, in accordance with guidelines as may be provided by the Village Board,
and in coordination with department heads, and pursuant to state statutes,
for the review and approval by the Village President and the Board.
(b)
Administer the budget as adopted by the Board.
(c)
Report regularly to the Board on the current fiscal position
of the Village.
(d)
Supervise the accounting system of the Village and insure
that the system employs methods in accordance with current professional accounting
practices.
E.
Cooperation. All officials and employees of the Village
shall cooperate with and assist the Administrator so that the Village government
shall function effectively and efficiently.
A.
Consolidated offices. Pursuant to §§ 61.195,
61.197 and 66.0101, Wis. Stats., the Village of New Glarus hereby elects not
to be governed by those portions of §§ 61.19, 61.23 and 61.25(2),
Wis. Stats., which relate to the selection and tenure of the Clerk and Treasurer
and which are in conflict with this section.
B.
Appointment. The office of Village Clerk-Treasurer shall be filled by appointment in the manner of other appointed officials as provided in § 57-2.
C.
Duties. The Village Clerk-Treasurer shall perform the
statutory duties of Village Clerk and Treasurer and such other duties as required
by the Village Board. (Charter ordinance)
The Clerk-Treasurer may appoint a Deputy Clerk-Treasurer(s), subject
to confirmation by a majority of all the members of the Village Board. The
Deputy Clerk-Treasurer(s) shall have an indefinite term of office. The Deputy
Clerk-Treasurer(s) shall act under the Village Clerk-Treasurer's direction
and, during the temporary absence or disability of the Village Clerk-Treasurer
or during a vacancy in such office, shall perform the duties of Village Clerk-Treasurer.
The acts of the Deputy(s) shall be covered by official bond as the Village
Board shall direct.
A.
Appointment. The Village Attorney is an appointed position.
The Village Attorney shall be appointed by the Village President, except the
Village Attorney shall serve at the pleasure of the Board.
B.
Duties. The Village Attorney shall have the following
duties:
(1)
The Village Attorney shall conduct all of the legal business
in which the Village is interested.
(2)
He shall, when requested by Village officers, give written
legal opinions, which shall be filed with the Village.
(3)
He shall draft ordinances, bonds and other instruments
as may be required by Village officers.
(4)
He may appoint an assistant, who shall have power to
perform his duties and for whose acts he shall be responsible to the Village.
Such assistant shall receive no compensation from the Village, unless previously
provided by ordinance.
(5)
The Village Board may employ and compensate special counsel
to assist in or take charge of any matter in which the Village is interested.
(6)
The Village Attorney shall perform such other duties
as provided by state law and as designated by the Village Board.
A.
Appointment.
(1)
The Chief of Police shall be appointed by a majority
vote of the members of the Village Board for an indefinite term, subject to
removal by a two-thirds vote of the members of the Board, pursuant to the
procedures established in § 61.65(1)(am), Wis. Stats. The Chief
shall exercise the powers and duties of Village marshals and Village constables
and any other powers and duties prescribed by the Village Board, Village ordinances
or the Wisconsin Statutes. Upon a permanent vacancy, an officer designated
by the Board shall temporarily replace the Chief until the vacancy is filled
by the Village Board.
(2)
The compensation to be paid the Chief of Police for his
services, the hours of active duty, rest days, vacation periods and other
involvement of his employment shall be such as may be determined by the Village
Board from time to time. In the event of vacation or temporary disability,
the Chief of Police shall appoint an officer in charge to act in the Chief's
absence.
B.
General duties.
(1)
The Chief of Police shall have command of the Police
Department. He shall have general administration and control of the Department
and shall be responsible for the Department's government, efficiency and general
good conduct. He shall perform all duties prescribed to him by the laws of
the state and the ordinances of the Village and shall obey all lawful written
orders of the Village Board or appropriate committee thereof.
(2)
The Chief of Police shall cause the public peace to be
preserved and may arrest and with reasonable diligence take before the proper
court every person found in the Village engaged in any disturbance of the
peace or violating any law of the state or ordinance of the Village. The Chief
shall cooperate with other law enforcement officers in the arrest or apprehension
of persons charged with crime. He shall see that all laws and ordinances of
the Village and state are enforced. Whenever any violation thereof shall come
to his knowledge, he shall cause the requisite complaint to be made and see
that the evidence is procured for the successful prosecution of the offender
or offenders. He shall exercise supervisory control over all the personnel
of his Department and may adopt, subject to the approval of the Village Board,
rules and regulations for the government, discipline, equipment and uniforms
of the police officers. He shall be solely responsible for the care and condition
of the equipment used by his Department. He shall keep an accurate and complete
record of all complaints, arrests, traffic violations, convictions and dispositions
of the Department.
A.
Appointment. The Fire Chief shall assume office pursuant
to the bylaws of the Fire Department for a one-year term of office, subject
to confirmation by the Fire District Board. He shall be the Village Fire Inspector
by virtue of his office.
B.
Powers and duties of Chief.
(1)
The Chief shall have general supervision of the Department,
subject to this chapter and the bylaws of the Department, and shall be responsible
for the personnel and general efficiency of the Department.
(2)
It shall be the duty of the Chief or ranking officer
of the Department to be present at all fires, to have complete command of
and entire responsibility for all fire-fighting operations, to plan the control
of the same, to direct the action of the company when it arrives at a fire,
to observe that the Department does its duty, to grant leaves of absence at
a fire when he may deem it proper, and to see that the fire apparatus is kept
in proper condition at all times.
The Weed Commissioner shall be appointed by the Village President, subject
to Village Board confirmation. The term of office of the Weed Commissioner
shall commence on the first day of May following his appointment. The Weed
Commissioner shall take the official oath, which oath shall be filed in the
office of the Village 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.
B.
Duties and powers. The Director of Public Works shall
have the following duties and powers. He shall:
(1)
Have general charge and supervision of all public works
in the Village.
(2)
Be responsible for the maintenance, repair and construction
of streets, alleys, curbs and gutters, sidewalks, bridges, street signs, storm
sewers, Village buildings and structures and all machinery, equipment and
property used in any activity under his control.
(3)
Have charge of all public services, including wastewater
sewer plant, snow and ice removal, and street cleaning and flushing.
(4)
Perform such other activities and duties as are imposed
upon him from time to time by the Village Board, his job description or employment
contract.
A.
Pursuant to §§ 61.195, 61.197 and 66.0101,
Wis. Stats., the Village hereby elects not to be governed by those portions
of §§ 61.19 and 61.23, Wis. Stats., which relate to the selection
and tenure of the Village Assessor and which are in conflict with this section.
(Charter ordinance)
B.
Hereafter, instead of being elected, the Assessor or
assessing firm shall be appointed by the Village President, subject to confirmation
by a majority vote of the members elect of the Village Board. Said person
so appointed to perform the duties of such office shall have an indefinite
term and shall serve as determined by contract. A corporation or an independent
contractor may be appointed as the Village Assessor. The corporation or independent
contractor so appointed shall designate the person responsible for the assessment.
The designee shall file the official oath under § 19.01, Wis. Stats.,
and sign the Affidavit of the Assessor attached to the assessment roll under
§ 70.49, Wis. Stats. No person may be designated by any corporation
or independent contractor unless he has been granted the appropriate certification
under § 73.09, Wis. Stats. For purposes of this subsection, "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.[1]
[1]
Editor's Note: Original Sec. 2-3-11, Municipal Judge; Municipal Court,
and Sec. 2-3-12, Clerk of the Municipal Court, which immediately followed
this section, were repealed 11-19-2002 by Ord. No. 02-08. Said ordinance repealed
these sections "thereby abolishing the Municipal Court effective on April
30, 2003."
A.
Appointment. The Village Board reserves the right to
appoint a Utilities Superintendent for an indefinite term of office on the
basis of merit, training, experience, administrative ability, efficiency and
general qualifications and fitness for performing the duties of the position.[1]
B.
Duties and powers. The Utilities Superintendent shall
have the following duties and powers. He/she shall:
A.
Appointment.
(2)
The Building Inspector shall:
(a)
Have proper state certification in areas of his responsibility;
(b)
Possess such executive ability as is requisite for the
performance of his duties and have a thorough knowledge of the standard materials
and methods used in the installation of equipment in his area of responsibility;
(c)
Be well versed in approved methods of construction for
safety to persons and property, the Statutes of the State of Wisconsin relating
to work in his area of responsibility, and any orders, rules and regulations
issued by authority thereof;
(d)
Have sufficient experience in the installation of equipment
to enable him to understand and apply the appropriate codes adopted by the
Village of New Glarus.
B.
Authority to enter premises; appeals.
(1)
In the discharge of their respective duties, each Inspector under this section or his authorized agent may enter any building, upon presentation of the proper credentials, during reasonable hours, for the purpose of inspection and may require the production of any permit or license required hereunder. No person shall interfere with the Inspector or his authorized agent while in the performance of his duties, and any person so interfering shall be in violation of this section and subject to a penalty as provided by § 1-5 of this Code.
(2)
If consent to entry to personal or real properties which
are not public buildings or to portions of public buildings which are not
open to the public for inspection purposes has been denied, the Inspector
shall obtain a special inspection warrant under § 66.0119, Wis.
Stats.
D.
Stop-work orders and revocations. The Building Inspector
may order construction, installation, alteration or repair work stopped when
such work is being done in violation of this Code. Work so stopped shall not
be resumed, except with written permission of the Inspector, provided that,
if the stop-work order is an oral one, it shall be followed by a written order
within a reasonable period of time.
A.
No person shall be elected by the people to a Village
office who is not at the time of his election a citizen of the United States
and of this state and an elector of the Village and, in case of a ward office,
of the ward and actually residing therein.
B.
An appointee by the Village President, requiring to be
confirmed by the Village Board, who shall be rejected by the Board shall be
ineligible for appointment to the same office for one year thereafter.
[Amended 1-18-2000 by Ord.
No. 99-15]
A.
Oath of office. Those officers of the Village required
to file an oath of office shall be members of the Board of Trustees, the Village
President, the Village Clerk-Treasurer, Deputy Clerk-Treasurer, Weed Commissioner,
Building Inspector, Public Works Director, Assessor, Police Chief and all
police officers. They shall, before entering upon their duties, and within
five days of their election or appointment or notice thereof, take the oath
of office prescribed by law and file such oath in the office of the Village
Clerk-Treasurer.[1]
B.
Form, procedure. The form, filing and general procedure
for the taking of oaths shall be governed by Ch. 19, Subchapter I, Wis. Stats.
A.
How occurring. Except as provided in Subsection C below, vacancies in elective and appointive positions occur as provided in §§ 17.03 and 17.035, Wis. Stats.
B.
How filled. Vacancies in elective and appointive offices
shall be filled as provided in § 17.24, Wis. Stats.
C.
Temporary incapacitation. If any officer is absent or
temporarily incapacitated from any cause, the Board may appoint some person
to discharge his duties until he returns or until such disability is removed.
Village officers must observe the standards of care imposed by § 19.21,
Wis. Stats., with respect to the care and custody of official property.
