CHAPTER 1
GENERAL GOVERNMENT
GENERAL PROVISIONS
1.01Elected Officials
1.02Appointed Officials
1.03Oaths and Bonds
1.04Removals
1.05Vacancies
1.06Salaries
1.07Receipt of Gifts and Gratuities
1.08Public Records
1.09Custody of Official Property
1.10Official Newspaper
1.11Disposal of Abandoned Property
1.12Code of Ethics
OFFICIALS
1.20[Rep. #93-9]
1.21Village Clerk-Treasurer
1.22Village Attorney
1.23Chief of Police
1.24Superintendent of Water and Sewer Utilities
1.25Fire Chief
1.26Municipal Judge
1.27Clerk of Municipal Court
1.28Assessor
1.29Health Officer
1.30Weed Commissioner
1.31Head of Emergency Government Services
1.32Building Inspector
1.33Plumbing Inspector
1.34Electrical Inspector
1.35Village Engineer
1.36Office of the Village Administrator
BOARDS AND COMMISSIONS
1.40Board of Review
1.41Plan Commission
1.42Board of Health
1.43Library Board
1.44Zoning Board of Appeals
1.45Supervision of Law Enforcement
1.46(Rep. #98-5)
ELECTIONS
1.50Election Officials
1.51Wards and Polling Places


GENERAL PROVISIONS

1.01 ELECTED OFFICIALS.

The elected officials of the Village shall be the Village President, 6 trustees and a municipal judge, whose term shall commence May 1 in the year of election.

1.02 APPOINTED OFFICIALS.

The following officials of the Village shall be appointed in the manner and for the term indicated below:
OfficialHow AppointedTerm
AssessorPresident, subj. to conf. by the Board1 year
AttorneyPresident, subj. to conf. by the Board1 year
Building InspectorPresident, subj. to conf. by the Board2 years
Chief of Police (Am. #07-02)By the BoardIndefinite
Clerk-Treasurer (Am. #93-9)President, subj. to conf. by the BoardIndefinite
Electrical InspectorPresident, subj. to conf. by the Board2 years
Emergency Government DirectorPresident, subj. to conf. by the BoardIndefinite
EngineerPresident, subj. to conf. by the Board1 year
Fire Chief/Fire InspectorFire DepartmentIndefinite
Health OfficerPresident, subj. to conf. by the Board2 years
Plumbing InspectorPresident, subj. to conf. by the Board2 years
Project Coordinator (Cr. #92-8)By majority vote of the BoardIndefinite
Superintendent of Public WorksPresident, subj. to conf. by the BoardIndefinite
Weed CommissionerVillage President1 year
Superintendent Of UtilitiesPresident, subj. to conf. by the BoardIndefinite

1.03 OATHS AND BONDS.

Elected and appointed officials shall take and file the official oath within 5 days after notice of their election or appointment as provided in §61.21, Wis. Stats., and shall execute and file the official bond as required by State Statute and this Municipal Code.

1.04 REMOVALS.

(1) ELECTED OFFICIALS. Elected officials may be removed by the Village Board as provided in §17.13(2), Wis. Stats., or by the judge of the Circuit Court for cause pursuant to §17.13(3), Wis. Stats., or as provided by §17.16, Wis. Stats.

(2) APPOINTED OFFICIALS. Appointed officials may be removed as provided in §§17.13(1), 17.13(3) and 17.16, Wis. Stats.

1.05 VACANCIES.

(1) HOW OCCURRING. Vacancies in elective and appointive positions are caused as provided in §§17.03 and 17.035, Wis. Stats.

(2) HOW FILLED.

(a) Elected Officials. A vacancy in any elective office shall be filled by appointment by a majority of the members of the Village Board. A trustee may be appointed to fill an unexpired term of a vacating Village President.

(b) Appointed Officials. A vacancy in appointive office shall be filled in the same manner as the original appointment to such office.

1.06 SALARIES.

The salaries of all elected and appointed officials, including members of boards and commissions, shall be as determined by the Village Board from time to time, provided the salary of the President and members of the Board shall not be increased or decreased during their terms of offices. (See §66.196, Wis. Stats.)

1.07 RECEIPT OF GIFTS AND GRATUITIES.

(1) RESTRICTED. No Village employee or official shall receive or offer to receive, either directly or indirectly, any gift, gratuity or other thing of value which he is not authorized to receive from any person who:

(a) Has or is seeking to obtain contractual or other business or financial relationships with the Village or Village Board; or

(b) Conducts operations or activities which are regulated by the Village or Village Board; or

(c) Has interests which may be substantially affected by the Village or Village Board.

(2) PENALTY. The receipt of any gift, gratuity or other thing of value as denoted above is contrary to the public policy of the Village and is punishable as provided in §946.12, Wis. Stats. Such conduct shall also be punishable under §25.04 of this Municipal Code.

1.08 PUBLIC RECORDS.

(1) DEFINITIONS.

(a) Authority. Any of the following entities having custody of a Village record: an office, elected or appointed official, agency, board, commission, committee, department or public body corporate and politic created by constitution, law, ordinance, rule or order; or a formally constituted subunit of the foregoing.

(b) Custodian. That officer, department head, division head or employee of the Village designated under sub. (3) or otherwise responsible by law to keep and preserve any Village records or file, deposit or keep such records in his office, or is lawfully in possession or entitled to possession of such public records and who is required by this section to respond to requests for access to such records.

(c) Record. Any material on which written, drawn, printed, spoken, visual or electromagnetic information is recorded or preserved, regardless of physical form or characteristics, which has been created or is being kept by an authority. Record includes, but is not limited to, hand-written, typed or printed pages, maps, charts, photographs, films, recordings, tapes (including computer tapes), and computer printouts. Record does not include drafts, notes, preliminary computations and like materials prepared for the originator's personal use or prepared by the originator in the name of a person for whom the originator is working; materials which are purely the personal property of the custodian and have no relation to his office; materials to which access is limited by copyright, patent or bequest; and published materials in the possession of an authority other than a public library which are available for sale, or which are available for inspection at a public library.

(2) DUTY TO MAINTAIN RECORDS.

(a) Except as provided under sub. (7), each officer and employee of the Village shall safely keep and preserve all records received from his predecessor or other persons and required by law to be filed, deposited or kept in his office or which are in the lawful possession or control of the officer or employee or his deputies, or to the possession or control of which they may be lawfully entitled as such officers or employees.

(b) Upon the expiration of an officer's term of office or an employee's term of employment, or whenever the office or position of employment becomes vacant, each such officer or employee shall deliver to his successor all records then in his custody and the successor shall receipt therefor to the officer or employee who shall file such receipt with the Village Clerk. If a vacancy occurs before a successor is selected or qualifies, such records shall be delivered to and receipted for by the Clerk, on behalf of the successor, to be delivered to such successor upon the latter's receipt.

(3) LEGAL CUSTODIANS.

(a) Each elected or appointed official is the legal custodian of his records and the records of his office, but may designate an employee of his staff to act as the legal custodian.

(b) Unless otherwise prohibited by law, the Village Clerk or his designee shall act as legal custodian for the Village Board and for any committees, commissions, boards or other authorities created by ordinance or resolution of the Village Board.

(c) For every authority not specified in pars. (a) or (b), the authority's chief administrative officer is the legal custodian for the authority, but the officer may designate an employee of his staff to act as the legal custodian.

(d) Each legal custodian shall name a person to act as legal custodian in his absence or the absence of his designee.

(e) The legal custodian shall have full legal power to render decisions and to carry out the duties of an authority under Subch. II of Ch. 19, Wis. Stats., and this section. The designation of a legal custodian does not affect the powers and duties of an authority under this section.

(f) In addition to the paragraphs above, the following public officials are deemed to be the official custodian of their records, but such list is not intended to be inclusive of all Village records:

1. Village Clerk. Custodian of all records of the Village and all records required by the Clerk to be kept (See par. (b) above).

2. Treasurer. All records of the Treasurer shall be kept by the Treasurer and/or the Village Clerk.

3. Building Inspector. All records of the Building Inspector shall be kept by the Building Inspector and/or Village Clerk.

4. Assessor. All records of the Assessor shall be kept by the Assessor.

5. Plan Commission. All records of the Plan Commission shall be kept by the Plan Commission and/or Village Clerk.

6. Police Department. All records of the Police Department shall be kept by the Police Department.

7. Fire Department. All records of the Fire Department shall be kept by the Fire Department.

8. Weed Commissioner. All records of the Weed Commissioner shall be kept by the Weed Commissioner and/or Village Clerk.

9. Park Board and Recreation Director. All records of the Park Board and Recreation Director shall be kept by the Park Board and Recreation Director and/or Village Clerk.

(4) PUBLIC ACCESS TO RECORDS.

(a) Except as provided in sub. (6), any person has a right to inspect a record and to make or receive a copy of any record as provided in §19.35(1), Wis. Stats.

(b) Records will be available for inspection and copying during all regular office hours.

(c) If regular office hours are not maintained at the location where records are kept, the records will be available for inspection and copying upon at least 48 hours' advance notice of intent to inspect or copy.

(d) A requester shall be permitted to use facilities comparable to those available to Village employees to inspect, copy or abstract a record.

(e) The legal custodian may require supervision during inspection or may impose other reasonable restrictions on the manner of access to an original record if the record is irreplaceable or easily damaged.

(f) A requester shall be charged a fee to defray the cost of locating and copying records as follows:

1. The cost of photocopying shall be $0.25 per page. Such cost has been calculated not to exceed the actual, necessary and direct cost of reproduction.

2. If the form of a written record does not permit copying, the actual and necessary cost of photographing and photographic processing shall be charged.

3. The actual full cost of providing a copy of other records not in printed form on paper, such as films, computer printouts and audiotapes or videotapes, shall be charged.

4. If mailing or shipping is necessary, the actual cost thereof shall also be charged.

5. There shall be a fee for locating a record, which will be established from time to time by the Village Board of the Village of Palmyra and shall be listed in the Village fee schedule. (Am. #06-13)

6. The legal custodian shall estimate the cost of all applicable fees and may require a cash deposit adequate to assure payment, if such estimate exceeds $5.

7. Elected and appointed officials of the Village shall not be required to pay for public records they may reasonably require for the proper performance of their official duties.

8. The legal custodian may provide copies of a record without charge or at a reduced charge where he determines that waiver or reduction of the fee is in the public interest.

(g) Pursuant to §19.34, Wis. Stats., and the guidelines therein listed, each authority shall adopt, prominently display and make available for inspection and copying at its offices for the guidance of the public a notice containing a description of its organization and the established times and places at which, the legal custodian from whom and the methods whereby the public may obtain information and access to records in its custody, make requests for records or obtain copies of records, and the costs thereof. This subsection does not apply to members of the Village Board. Each authority shall also prominently display at its offices for the guidance of the public a copy of §§19.31 to 19.39, Wis. Stats.

(5) ACCESS PROCEDURES.

(a) A request to inspect or copy a record shall be made to the legal custodian. A request shall be deemed sufficient if it reasonably describes the requested record or the information requested. However, a request for a record without a reasonable limitation as to subject matter or length of time represented by the record does not constitute a sufficient request. A request may be made orally, but a request must be in writing before an action to enforce the request is commenced under §19.37, Wis. Stats. Except as provided below, no request may be refused because the person making the request is unwilling to be identified or to state the purpose of the request. No request may be refused because the request is received by mail, unless prepayment of a fee is required under subpar. (4)(f)6. A requester may be required to show acceptable identification whenever the requested record is kept at a private residence or whenever security reasons, federal law or regulations so require.

(b) Each custodian, upon request for any record, shall as soon as practicable and without delay, either fill the request or notify the requester of the authority's determination to deny the request, in whole or in part, and the reasons therefor. If the legal custodian, after conferring with the Village Attorney, determines that a written request is so general as to be unduly time consuming, the party making the request may first be required to itemize his request in a manner which would permit reasonable compliance.

(c) A request for a record may be denied as provided in sub. (6). If a request is made orally, the request may be denied orally unless a demand for a written statement of the reasons denying the request is made by the requester within 5 business days of the oral denial. If a written request is denied in whole or in part, the requester shall receive a written statement of the reasons for denying the request. Every written denial of a request shall inform the requester that if the request for the record was made in writing, then the determination is subject to review upon petition for a writ of mandamus under §19.37(1), Wis. Stats., or upon application to the Attorney General or a district attorney.

(6) LIMITATIONS ON RIGHT TO ACCESS.

(a) As provided by §19.36, Wis. Stats., the following records are exempt from inspection under this section:

1. Records specifically exempted from disclosure by State or federal law or authorized to be exempted from disclosure by State law.

2. Any record relating to investigative information obtained for law enforcement purposes if federal law or regulations require exemption from disclosure or if exemption from disclosure is a condition to receipt of aids by the State.

3. Computer programs, although the material used as input for a computer program or the material produced as a product of the computer program is subject to inspection.

4. A record or any portion of a record containing information qualifying as a common law trade secret.

(b) As provided by §43.30, Wis. Stats., public library circulation records are exempt from inspection under this section.

(c) In responding to a request for inspection or copying of a record which is not specifically exempt from disclosure, the legal custodian, after conferring with the Village Attorney, may deny the request, in whole or in part, only if he determines that the harm to the public interest resulting from disclosure would outweigh the public interest in full access to the requested record. Examples of matters for which disclosure may be refused include, but are not limited to, the following:

1. Records obtained under official pledges of confidentiality which were necessary and given in order to obtain the information contained in them.

2. After a quasi-judicial hearing, records of current deliberations.

3. Records of current deliberations concerning employment, dismissal, demotion, compensation, performance or discipline of any Village officer or employee, or the investigation of charges against a Village officer or employee, unless such officer or employee consents to such disclosure.

4. Records concerning current strategy for crime detection or prevention.

5. Records of current deliberations or negotiations on the purchase of Village property, investing of Village funds or other Village business whenever competitive or bargaining reasons require nondisclosure.

6. Financial, medical, social or personal histories or disciplinary data of specific persons which, if disclosed, would be likely to have a substantial diverse effect upon the reputation of any person referred to in such history or data.

7. Communications between legal counsel for the Village and any officer, agent or employee of the Village when advice is being rendered concerning strategy with respect to current litigation in which the Village or any of its officers, agents or employees is or is likely to become involved or communications which are privileged under §905.03, Wis. Stats.

(d) If a record contains information that may be made public and information that may not be made public, the custodian of the record shall provide the information that may be made public and delete the information that may not be made public from the record before release. The custodian shall confer with the Village Attorney prior to releasing any such record and shall follow the guidance of the Village Attorney when separating out the exempt material. If, in the judgment of the custodian and the Village Attorney, there is no feasible way to separate the exempt material from the nonexempt material without unreasonably jeopardizing nondisclosure of the exempt material, the entire record shall be withheld from disclosure.

(7) DESTRUCTION OF RECORDS.

(a) Village officers may destroy the following nonutility financial records of which they are the legal custodians and which are considered obsolete, after completion of any required audit by the Bureau of Municipal Audit or an auditor licensed under Ch. 442, Wis. Stats., but not less than 7 years after payment or receipt of any sum involved in the particular transaction, unless a shorter period has been fixed by the State Public Records Board pursuant to §16.61(3)(e), and then after such shorter period:

1. Bank statements.

2. Cancelled checks.

3. Receipt forms.

4. Vouchers, etc.

(b) Village officers may destroy the following utility records of which they are the legal custodians and which are considered obsolete after completion of any required audit by the Bureau of Municipal Audit or an auditor licensed under Ch. 442, Wis. Stats., subject to State Public Service Commission regulations, but not less than 7 years after the record was effective unless a shorter period has been fixed by the State Public Records Board pursuant to §16.61(3)(e), Wis. Stats., and then after such a shorter period:

1. Contracts.

2. Excavation permits.

3. Inspection records.

(c) Village officers may destroy the following records of which they are the legal custodian and which are considered obsolete, but not less than 7 years after the record was effective unless another period has been set by statute, and then after such a period, or unless a shorter period has been fixed by the State Public Records Board pursuant to §16.61(3)(e), Wis. Stats., and then after such a shorter period:

1. Old insurance policies.

2. Election notices.

3. Cancelled registration cards.

4. Police records other than investigative records. (Cr. #03-1)

(d) Unless notice is waived by the State Historical Society, at least 60 days' notice shall be given the State Historical Society prior to the destruction of any record as provided by §19.21(4)(a), Wis. Stats.

(8) PRESERVATION THROUGH MICROFILM. Any Village officer or the director of any department or division of Village government may, subject to the approval of the Village Board, keep and preserve public records in his possession by means of microfilm or other photographic reproduction method. Such records shall meet the standards for photographic reproduction set forth in §16.61(7)(a) and (b), Wis. Stats., and shall be considered original records for all purposes. Such records shall be preserved along with other files of the department or division and shall be open to public inspection and copying according to the provisions of State law and subs. (4), (5) and (6).

1.09 CUSTODY OF OFFICIAL PROPERTY.

Village officers shall observe the standards of care imposed by §19.21, Wis. Stats., with respect to the care and custody of official property.

1.10 OFFICIAL NEWSPAPER. (Am. #03-1)

The official newspaper of the Village shall be the Enterprise.

1.11 DISPOSAL OF ABANDONED PROPERTY.

(1) METHODS OF DISPOSAL.

(a) The Village may dispose of any personal property which has been abandoned or remained unclaimed for a period of 30 days after taking possession of the property by Village officials by any means determined to be in the best interest of the Village. Disposal of personal property shall be in the manner prescribed by the Village Board or those listed below:

1. Public auction.

2. Sealed bids.

a. Advertisement of sealed bids shall be in a manner prescribed by the appropriate department head.

b. Acceptance of the bid by the Village shall be in writing by the appropriate department head.

c. The Village reserves the right to reject any and all bids.

3. Destruction.

4. Return to rightful owner.

5. Transfer to appropriate governmental entity.

6. Holding of a public sale by a nonprofit organization and the payment to the organization of a reasonable commission from the sales proceeds with the balance being paid to the Village.

7. Return to the person who turned the item in to the Police Department if requested and no rightful owner can be located.

(b) These procedures presume that if the personal property to be disposed of appears to be or is reported stolen, an attempt will be made to return said personal property to the rightful owner.

(2) RECORD OF DISPOSAL. If the property is not disposed of by the Village itself in a sale open to the public, the Village shall maintain an inventory of such property, a record of the date and method of disposal, including the consideration received for the property, if any, and the name and address of the person taking possession of the property. Such inventory shall be kept as a public record for a period of not less than 2 years from the date of disposal of the property.

1.12 CODE OF ETHICS.

(1) ETHICAL STANDARDS OF PUBLIC OFFICIALS.

(a) The proper operation of democratic government requires that public officials and employees be independent, impartial and responsible to the people. The purpose of this section is to establish ethical standards of conduct for all such officials and to direct disclosure by such officials of private financial or other interests in matters affecting the Village.

(b) The Village officials and employees, whether elected or appointed, are public officials and employees within the meaning and intent of this section.

(2) RESPONSIBILITIES OF PUBLIC OFFICE.

(a) Public officials and employees are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office regardless of personal considerations, recognizing that the public interest must be their primary concern. Their conduct in both their official and private affairs shall be above reproach.

(b) Public officials are bound to uphold the Constitution of the United States and the Constitution of the State and to carry out impartially the law of the nation, State and Village.

(3) DEDICATED SERVICE. Public officials and employees shall not exceed their authority or breach law or ask others to do so and they shall work in full cooperation with other public officials and employees, unless prohibited from doing so by law or by officially recognized confidentiality of their work.

(4) USE OF PUBLIC PROPERTY; OBLIGATIONS OF CITIZENS.

(a) Use of Public Property. No public official or employee shall request, use or permit the use of Village owned vehicles, equipment, materials or property for personal convenience or profit, except when such services are available to the public generally or are provided as Village policy for the use of such official or employee in the conduct of official business.

(b) Obligation of Citizen. No public official or employee shall grant any special consideration, treatment or advantage to any citizen beyond that which is available to every other citizen.

(5) CONFLICT OF INTEREST. No trustee or other public official or employee, whether paid or unpaid, shall engage in any business or transaction or shall have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties in the public judgment or will tend to impair his independence or judgment or action in the performance of his official duties. Personal as distinguished from financial interest includes an interest arising from blood or marriage relationships or close business or political association.

(6) SPECIFIC CONFLICTS OF INTEREST. Specific conflicts of interest are enumerated below for the guidance of officials. The following list is illustrative merely and not exclusive:

(a) Incompatible Employment. No trustee or other public official or employee shall engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or tends to impair his independence of judgment or action in the performance of his official duties. In the event a trustee, official or employee possesses a financial or personal interest in any business or transaction, any presumption of conflict of interest with his public duties shall be removed by his disclosure of the nature and extent of such investment to the Village Board for the records of that authority.

(b) Disclosure of Confidential Information. No trustee, other public official or employee shall, without proper legal authorization, disclose confidential information concerning the property, government or affairs of the Village nor shall he use such information to advance the financial or other private interest of himself or others.

(c) Representing Private Interests Before Village Agencies or Courts. No trustee or other public official or employee whose salary is paid in whole or in part by the Village shall appear in behalf of private interests before any agency of the Village. He shall not represent private interests in any action or proceeding against the interest of the Village in any litigation to which the Village is a party.

(d) Contracts with the Village. Any trustee or other public official or employee who has substantial financial interest in any business entity entering into or proposing to enter into any transaction or contract with the Village for the sale of real estate, material supplies or services to the Village shall disclose such interest to the Village Board to be reported in the minutes of the appropriate Board meeting. In the case of a trustee, he shall refrain from voting upon or otherwise participating, except in the performance of a ministerial act, in the transaction or the making of such contract or sale.

(e) Disclosure of Interest in Legislation.

1. A trustee who has a financial or other private interest in any legislation shall disclose on the records of the Board the nature and extent of such interest. This provision shall not apply if the trustee disqualified himself from voting.

2. Any other public official or employee who has a financial or other private interest and who participates in discussion with or gives an official opinion to the Board shall disclose on the record of the Board the nature and extent of such interest.

(7) SANCTIONS. Violation of any provision of this section should raise conscientious questions for the trustees or any other official or employee concerned as to whether voluntary resignation or other action is indicated to promote the best interest of the Village. Violation may constitute a cause for suspension, removal from office or employment or other disciplinary action.


OFFICIALS

1.20 RESERVED. (Rep. #93-9)

1.21 VILLAGE CLERK-TREASURER. (Cr. #93-9)

(1) APPOINTIVE CLERK-TREASURER POSITION CREATED. The office of appointive Village Clerk-Treasurer is hereby created. The position shall be an indefinite term of office and the appointment shall be made by nomination of the Village President with confirmation of the appointment by a majority of the Village Board. The appointee shall serve in said office until a successor appointee qualifies for said office.

(2) DUTIES OF VILLAGE CLERK-TREASURER. The Village Clerk-Treasurer shall perform all duties and responsibilities of §§61.25 and 61.26, Wis. Stats., together with any other duties and responsibilities as required by law and Ch. 61, Wis. Stats.

1.22 VILLAGE ATTORNEY.

The Village Attorney shall be legal advisor to the Village Board and all officers, boards and commissions. He shall represent the Village in all litigation, unless the Board expressly employs special counsel. The Village Attorney shall perform such other duties as provided by State law and as designated by the Village Board.

1.23 CHIEF OF POLICE.

(1) The Chief of Police shall be appointed by the Village Board. The Chief of Police shall hold that office during good behavior, subject to suspension or removal for cause as provided in §1.45 of this chapter. (Am. #07-02)

(2) The Chief of Police shall have command of the police force of the Village.

(3) Pursuant to §§61.195 and 61.197, Wis. Stats., the Village hereby elects not to be governed by those portions of §§61.19 and 61.23, Wis. Stats., relating to the selection and tenure of a constable or marshal and hereby abolishes the offices of constable and marshal. The Chief of Police shall have the powers, privileges and duties of village marshal under §61.28, Wis. Stats.

1.24 SUPERINTENDENT OF WATER AND SEWER UTILITIES.

The Superintendent of Water and Sewer Utilities shall be charged with administering the public utilities of the Village. He shall have the duties as prescribed by State Statutes and such other duties as required by the Village Board.

1.25 FIRE CHIEF.

The selection and responsibilities of the Fire Chief shall be governed by the bylaws of the Fire Department. The Chief shall serve as Fire Inspector within the Village.

1.26 MUNICIPAL JUDGE.

(1) POSITION CREATED. Pursuant to authority created by Ch. 755, Wis. Stats., there is created the office of Municipal Judge for the Village.

(2) ELECTION; TERM. The Municipal Judge shall be elected at large at the spring election in even numbered years for a term of 2 years commencing on May 1st succeeding his election.

(3) SALARY. The Municipal Judge shall receive a salary as determined by the Village Board from time to time which shall be in lieu of fees and costs. No salary shall be paid to the judge for any time during his term for which he has not executed and filed his official bond and oath as required by sub. (4).

(4) BOND; OATH. The Municipal Judge shall execute and file with the clerk of the circuit court for Jefferson County, Wisconsin, the oath prescribed by law and a bond as prescribed by §755.03, Wis. Stats., and a bond in the penal sum of $2,500.

(5) JURISDICTION.

(a) The Municipal Judge shall have such jurisdiction as provided in Ch. 755, Wis. Stats., and exclusive jurisdiction of violations of Village ordinances.

(b) Section 48.17(2), Wis. Stats., is hereby adopted by reference. Subject to the provisions and limitations of Ch. 48, Wis. Stats., complaints alleging a violation of any provision of this Code against persons 14, 15, 16 and 17 years of age may be brought in the Village municipal court.

(6) PROCEDURE.

(a) The court of the Municipal Judge shall be called the "Municipal Court for Palmyra, Wisconsin" and shall be open as determined by order of the Municipal Judge. Procedure in municipal court shall be as prescribed in Ch. 800, Wis. Stats.

(b) The Municipal Judge shall keep his office and hold court in the Municipal Building.

(c) Except as provided by law, the procedure in municipal court shall be the same as applicable to other municipal judges. Chapters 755 and 800, Wis. Stats., are hereby incorporated by reference.

(d) The Municipal Judge shall collect all forfeitures, fines and taxable costs in any action or proceeding before him and shall pay over such moneys to the Village Treasurer not later than 7 days succeeding his receipt thereof.

(7) CONTEMPT. The Municipal Judge may punish for contempt the following cases:

(a) Persons guilty of disorderly, contemptuous and insolent behavior towards him, while engaged in any judicial proceeding, or other conduct which tends to interrupt such proceeding or impair the respect due his authority.

(b) Persons guilty of resistance or disobedience to any lawful order or process made or issued by him.

(c) The Municipal Judge may upon finding any person guilty of contempt, order such person to forfeit not more than $500. In default of payment of the forfeiture the person found guilty of contempt may be imprisoned in the county jail not to exceed 7 days. (Am. #02-15)

1.27 CLERK OF MUNICIPAL COURT.

(1) APPOINTMENT. The Municipal Judge shall, in writing, appoint such clerks and deputy clerks as are authorized by the Village Board. Their salaries shall be fixed by the Board.

(2) OATH. The clerk of municipal court shall, before entering upon the duties of office, take the oath provided by §19.01, Wis. Stats., and give a bond if required by the Village Board. Oaths and bonds for such clerks shall be filed with the Village Clerk. The cost of the bond shall be paid by the Village.

(3) DUTIES. The clerk of municipal court shall perform all duties as required by law and such other duties as are requested to be executed by such person by the Municipal Judge.

1.28 ASSESSOR.

(1) SELECTION.

(a) Pursuant to §§ 61.195, 61.197, and 66.01, 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.

(b) Instead of being elected, the Assessor or assessment firm of the Village shall be annually appointed by the Village President, subject to confirmation by the Village Board.

(2) QUALIFICATION. The Assessor shall be certified by the Department of Revenue under § 73.09(2), Wis. Stats., as qualified to perform the functions of an assessor.

(3) DUTIES. The Assessor shall begin under § 70.10, Wis. Stats., to make an assessment of all of the property in the Village liable to taxation, as prescribed by law. The Assessor shall return the assessment roll to the Village Treasurer at the same time and in the same manner in which town assessors are required to do as provided by Ch. 70, Wis. Stats.

(4) CONFIDENTIALITY OF INFORMATION. (Cr. #99-7) 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 discharging 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.

1.29 HEALTH OFFICER.

(1) SELECTION. The Health Officer shall be a physician or 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. Also see §1.02 of this chapter.

(2) VACANCY. If a vacancy in the position of Health Officer occurs, the Village President shall immediately fill the position.

(3) RESPONSIBILITIES.

(a) 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, 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 Village Board by the Health Officer, and if the Board 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.

(b) The Health Officer shall from time to time recommend to the Village Board such sanitary measures to be executed by the Village as deemed necessary, and shall discharge such other duties as may be imposed upon him by the Board by ordinance or resolution.

(c) See §141.015, Wis. Stats.

1.30 WEED COMMISSIONER.

(1) APPOINTMENT AND TERM. See §1.02 of this chapter.

(2) DUTIES. The Weed Commissioner shall hold office pursuant to and fulfill the duties set out in State law. Also see §§66.97 and 66.98, Wis. Stats.

1.31 HEAD OF EMERGENCY GOVERNMENT SERVICES.

(1) APPOINTMENT AND TERM. See §1.02 of this chapter.

(2) DUTIES.

(a) The Head of Emergency Government Services shall promulgate an effective program of emergency government in pursuit of the statewide goals of the emergency government organization:

1. To prepare for and minimize the effect of enemy action (civil defense) and natural or man-made disaster upon the civilian population.

2. To effectuate emergency repairs to or the emergency restoration of vital public utilities and facilities destroyed or damaged by such action or disaster.

(b) The above duties shall include preparation of emergency government and civil defense plans as well as the requirements set forth in Ch. 166, Wis. Stats.

1.32 BUILDING INSPECTOR.

(1) APPOINTMENT AND TERM. See §1.02 of this chapter.

(2) DUTIES. There is hereby vested in the Building Inspector the necessary power and authority to properly execute his duties.

1.33 PLUMBING INSPECTOR.

(1) APPOINTMENT AND TERM. See §1.02 of this chapter.

(2) DUTIES. There is hereby vested in the Plumbing Inspector the necessary power and authority to properly execute his duties.

1.34 ELECTRICAL INSPECTOR.

(1) APPOINTMENT AND TERM. See §1.02 of this chapter.

(2) DUTIES. There is hereby vested in the Electrical Inspector the necessary power and authority to properly execute his duties.

1.35 VILLAGE ENGINEER.

(1) APPOINTMENT AND TERM. See §1.02 of this chapter.

(2) DUTIES. The Village Engineer shall be engineering advisor to the Village Board and to all officers, boards and commissions of the Village. The Village Engineer shall perform such duties as may be designated from time to time by the Village Board or other authorized Village officers, boards and commissions.

1.36 OFFICE OF THE VILLAGE ADMINISTRATOR. (Cr. #92-8, Rep. & rec. #99-5)

In order to provide the Village of Palmyra 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 Office of Village Administrator for the Village of Palmyra (hereinafter referred to as "administrator").

(1) 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 purposes of appointing or terminating the administrator, each trustee 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 section, however, shall not preclude the board from establishing other employment terms and conditions not inconsistent with the provisions of this section or the Municipal Code of the Village of Palmyra.

(2) RESIDENCY. The administrator shall become a resident of the Village of Palmyra 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.

(3) FUNCTIONS AND DUTIES OF THE ADMINISTRATOR. The administrator, subject to the limitations defined in resolutions and ordinances of the Village of Palmyra and Wisconsin State Statutes, shall be the chief administrative officer of the Village, responsible only to the Village 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 Palmyra, and the resolutions and directives of the Board, with power and duties as follows:

(a) General Duties.

1. Carry out directives of the Board which require administrative implementation, reporting promptly to the Board any difficulties encountered herein;

2. 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;

3. 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;

4. Serve as ex-officio nonvoting member of all Boards, Commissions and Committees of the Village, except as specified by the Board or Wisconsin State Statutes;

5. 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;

6. Keep informed concerning the availability of federal, state and county funds for local programs. Assist department heads and the Board in obtaining these funds under the direction of the Board;

7. Represent the Village in matters involving legislative and intergovernmental affairs as authorized and directed as to that representation by the Board;

8. 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;

9. Establish and maintain procedures to facilitate communications between citizens and Village government to assure that complaints, grievances, recommendations and other matters receive prompt attention by the responsible official, and to assure that all such matters are expeditiously resolved;

10. Promote the economic well-being and growth of the Village through public and private sector cooperation;

(b) Responsibilities to the Village Board.

1. Attend all meeting of the Board, assisting the Board as required in the performance of their duties;

2. In coordination with the Board and the clerk, ensure that appropriate agendas are prepared to 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;

3. Assist in the preparation of ordinances and resolutions as requested by the Board, or as needed;

4. 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;

(c) Personnel.

1. Be responsible for the administrative direction and coordination of all employees of the Village according to the established organization procedures;

2. Recommend to the Board the appointment, promotion, and when necessary for the good of the Village, the suspension or termination of department heads;

3. In consultation with the appropriate department head, be responsible for the appointment, promotion, and when necessary for the good of the Village, the suspension or termination of employees below the department head level;

4. 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 that Village employees have proper working conditions; work closely with department heads to promptly resolve personnel problems or grievances;

5. 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.

(d) Budgeting and Purchasing.

1. Be responsible for the preparation of the annual Village budget, in accordance with guidelines as may be provided by the Board and in coordination with department heads, and pursuant to state statutes, for review and approval by the Board;

2. Administer the budget as adopted by the Board;

3. Report regularly to the Board on the current fiscal position of the Village;

4. Supervise the accounting system of the Village and insure that the system employs methods in accordance with current professional accounting practices;

(4) 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.


BOARDS AND COMMISSIONS

1.40 BOARD OF REVIEW.

(1) COMPOSITION. The Board of Review shall consist of the Village President, the Village Clerk and 3 members of the Village Board. The trustees shall be appointed in odd numbered years to serve 2-year terms.

(2) DUTIES. The duties and functions of the Board of Review shall be as prescribed in §70.47, Wis. Stats.

(3) COMPENSATION. All persons serving as a member of the Board of Review shall be compensated at the rate of $10 per meeting.

1.41 PLAN COMMISSION. (Am. #92-10; #94-13; #02-18)

(1) COMPOSITION. Commencing the effective date of Ordinance No. 02-18 the Plan Commission shall consist of 2 members of the Village Board and 3 citizens, all members being appointed by the Village President. The Village Board members shall be appointed in April of each odd-numbered year for a term of 2 years beginning on May 1 of such year. The full term of each citizen member shall be for 3 years beginning on the first day of May next succeeding his appointment and until his successor is appointed and qualified. The Village President may serve as chairperson of the Plan Commission or may appoint a chairperson from among the members.

(2) DUTIES. The duties and functions of the Plan Commission shall be as prescribed in §§61.35 and 62.23, Wis. Stats.

(3) COMPENSATION. All persons serving as a member of the Plan Commission shall be compensated at the rate of $10 per meeting.

1.42 BOARD OF HEALTH.

(1) COMPOSITION. The Village Board of Health shall consist of the Village Board serving as a committee of the whole.

(2) OFFICERS. The Village President shall serve as the chairman of the Board of Health.

(3) POWER OF APPOINTMENT. The Board of Health may appoint persons to aid them.

(4) RESPONSIBILITIES. The Board of Health may take such measures as shall be most effectual for the preservation of the public health.

1.43 LIBRARY BOARD.

(1) ORGANIZATION; TERMS.

(a) There is hereby created under Ch. 43, Wis. Stats., a Village Library Board consisting of 5 members.

(b) Terms of such members shall be from January 1 in the year of their appointment, and thereafter each regular appointment shall be for a term of 3 years. Not more than one member of the Village Board shall at any one time be a member of the Library Board. All other members shall be residents of the Village or the Town. Members shall be appointed by the Village President, subject to majority approval by the Village Board. The Village President shall appoint as one of the Library Board members a school district administrator or his representative to represent the public school district or districts in which the library is located.

(c) A majority of the membership of the Board shall constitute a quorum.

(d) Within 30 days after the time designated in this section for the beginning of terms, the members of the Library Board shall organize by electing from among their number a president and such other officers as they deem necessary and prescribe and adopt rules and regulations for the operation of the library.

(2) DUTIES AND POWERS. The Library Board shall have the duties and powers as prescribed by Ch. 43, and more particularly set forth in §43.58, Wis. Stats.

1.44 ZONING BOARD OF APPEALS.

(1) ESTABLISHMENT. A Zoning Board of Appeals shall be appointed as specified in §62.23(7)(e), Wis. Stats. The members shall be removable by the Village Board for cause upon written charges and upon a public hearing. The Board of Appeals shall make and file in the office of the Clerk its own rules and procedure consistent with the Wisconsin Statutes.

(2) POWERS. The Zoning Board of Appeals shall have the following powers:

(a) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Building Inspector.

(b) To hear and decide special exceptions to the terms of the Village zoning regulations upon which the Board of Appeals is required to pass.

(c) To authorize, upon appeal in specific cases, such variance from the terms of the Village zoning regulations as will not be contrary to the public interest, where owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit of the zoning code shall be observed, public safety and welfare secured and substantial justice done; provided, however, that no such action shall have the effect of establishing in any district a use or uses not permitted in such district.

(d) To permit the erection and use of a building or premises in any location subject to appropriate conditions and safeguards in harmony with the general purposes of the zoning code, for such purposes which are reasonably necessary for public convenience and welfare.

(e) The Zoning Board of Appeals may reverse or affirm wholly or in part or may modify any order, requirement, decision or determination as in its opinion ought to be made in the premises and to that end shall have all the powers of the Building Inspector. The concurring vote of 4 members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination appealed from or to decide in favor of the applicant on any matter on which it is required to pass or to effect any variation in the requirement of the zoning code. The grounds of every such determination shall be stated and recorded. No order of the Board of Appeals granting a variance shall be valid for a period longer than 6 months from the date of such order unless the land use permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period.

(3) COMPENSATION. All persons serving as a member of the Zoning Board of Appeals shall be compensated at the rate of $10 per meeting. (Cr. #94-13)

1.45 SUPERVISION OF LAW ENFORCEMENT. (Rep. & recr. #07-02)

(1) CHIEF OF POLICE MANAGEMENT AUTHORITY. The Chief of Police shall have the authority to hire subordinates or promote subordinates subject to confirmation by the Village Board.

(2) DEPARTMENT POLICIES, RULES AND PROCEDURES. The Chief of Police shall have the power to adopt and change rules and regulations governing the Police Department subject to approval of the Village Board.

(3) DISCIPLINE OF DEPARTMENT MEMBERS.

(a) The Village Board may not suspend, reduce, suspend and reduce, or remove the Chief of Police or other law enforcement officer who is not probationary, and for whom there is no valid and enforceable contract of employment or collective bargaining agreement which provides for a fair review prior to that suspension, reduction, suspension and reduction or removal, except in accordance with the following procedure:

1. There shall be a standing committee appointed by the Village Board of not less than 3 members, none of whom may be an elected or appointed official of the Village or be employed by the Village. Beginning in 2007, one member of the standing committee shall serve a one-year term, and 2 members shall serve for 2-year terms. Commencing in 2008, all terms will be 2 years. No member of the standing committee shall serve more than 2 consecutive 2-year terms.

2. The standing committee shall act under and pursuant to §62.13(5), Wis. Stats., in place of a board of police and fire commissioners. The Village Board may provide for some payment to each member for the member's cost of serving on the committee at a rate established by the Village Board.

(b) The Chief of Police may suspend, reduce, suspend and reduce, or remove a law enforcement officer who is probationary and for whom there is no valid and enforceable contract of employment or collective bargaining agreement which provides for a fair review prior to such suspension, reduction, suspension and reduction or removal.

(c) The Village Board may suspend, reduce, suspend and reduce, or remove the Chief of Police who is probationary and for whom there is no valid and enforceable contract of employment which provides for a fair review prior to that suspension, reduction, suspension and reduction or removal.

1.46 RESERVED. (Rep. #98-5)


ELECTIONS

1.50 ELECTION OFFICIALS.

(1) Pursuant to the Wisconsin Statutes, there is hereby established one set of election officials to conduct all elections in the 2 wards of the Village and shall consist of not less than 7 inspectors. However, the Village Board shall have the power to limit the number of election officials. The Village Clerk shall determine in advance of each general and special election whether the number of election officials for such election should be reduced from the number prescribed by the Wisconsin Statutes and, if such a reduction is so determined, the Clerk shall further redistribute duties among remaining officials.

(2) See also: elections generally, Wis. Stats., Title II; elector registration, §6.27(2), Wis. Stats.; election officials, Ch. 7, Wis. Stats.; election inspectors, §7.30, Wis. Stats.

1.51 WARDS AND POLLING PLACES.

(1) WARDS ESTABLISHED. There are hereby established pursuant to law 2 election wards in the Village on the map on file in the office of the Village Clerk and incorporated herein by reference.

(2) POLLING PLACES. The polling place for Wards 1 and 2 shall be the Village Hall. All wards shall use a common ballot box and ballots or voting machine. Separate returns shall not be maintained for each ward.

(3) SEPARATE BALLOT BOXES. Separate ballot boxes and ballots or voting machine shall be maintained for each separate ballot required under §§5.58 to 5.64, Wis. Stats., and for any electors of one or more combined wards who are ineligible to vote for any office or referendum for which other electors in the combined wards may vote.