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[HISTORY: Adopted by the Village Board of the Village of Athens 11-22-2004 as Title 2, Ch. 3, of the 2004 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Boards, commissions and committees — See Ch. 14.
Elections — See Ch. 36.
Ethics — See Ch. 43.
Governing body — See Ch. 62.
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 Ch. 61, Wis. Stats., 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, subject to prior approval by the Village Board.
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/her official capacity proceeded against or obliged to proceed before any civil court, board or commission to defend or maintain his/her official position, or because of some act arising out of the performance of his/her official duties, and he/she has prevailed in such proceedings, or the Village Board has ordered the proceedings discontinued, the Board may provide for payment to such official such sum as it sees fit to reimburse him/her for the expenses reasonably incurred for costs and attorney fees.
The Village officials hereinafter set forth shall be appointed:
Official
How Appointed
Term
Village Clerk
Village Board
2 years
Village Treasurer
Village Board
2 years
Deputy Clerk/Treasurer
Village Board upon recommendation of Clerk
2 years
Village Attorney
Village Board
Annually
Assessor
Village President subject to confirmation by Village Board
By contract
Engineer (consulting)
Village President subject to confirmation by Village Board
Pleasure of Board
Weed Commissioner
Village President subject to confirmation by Village Board
1 year
Chief of Police
Village Board
Indefinite
Emergency Management Director
Village President subject to confirmation by Village Board
2 years commencing May 15 following appointment
State Building Inspector
Village President subject to confirmation by Village Board
1 year
Zoning Administrator
Village President subject to confirmation by Village Board
1 year
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Selection of Clerk; consolidated positions.
(1) 
Pursuant to §§ 61.195, 61.197 and 66.0101, Wis. Stats., the Village of Athens hereby elects not to be governed by those portions of §§ 61.19, 61.25 and 61.26, Wis. Stats., which relate to the selection and tenure of the Village Clerk and which are in conflict with this section.
(2) 
The positions of Village Clerk and Village Treasurer are consolidated into a combined Village Clerk/Treasurer position. For purposes of this Code of Ordinances, reference will typically be made to the individual offices of Clerk and Treasurer in order to reflect the respective responsibilities of office. (Charter Ordinance)
B. 
Term. The appointed Village Clerk shall hold office for a two-year term, subject to removal as provided in § 17.13, Wis. Stats.
C. 
Purpose. In order that the various officers, officials and employees and departments executing policy and administering the affairs of the Village of Athens may operate as efficiently as possible under a system of a part-time Village President and part-time Trustees, and to better ensure competent, expeditious, efficient, and harmonious administration and action in respect to any activity common to one or more of the Village's officers, officials, and non-law-enforcement departments, and in order that there may be a uniform application of policy, the Village Clerk shall have certain administrative responsibilities.
D. 
Duties and responsibilities. The Village Clerk shall serve as the chief administrative officer of the Village of Athens, responsible to and under the general direction and policy of the Village President and Village Board, and shall be responsible for the proper administration of all activities of the Village. The Village Clerk shall have administrative powers and responsibilities over all departments, department heads and employees of the Village except the Police Department. To this end, the Village Clerk shall have the following powers and duties:
(1) 
The duties and responsibilities of the Village Clerk include directing the effective and efficient performance of all non-law-enforcement Village employees and coordinating and expediting all Village services, functions and programs.
(2) 
The Village Clerk shall have those duties and responsibilities as described in the position description adopted by the Village Board, incorporated herein by reference.
E. 
Statutory duties as Clerk. The Village Clerk shall be responsible for performing those duties required by the Wisconsin Statutes and for the following additional duties:[1]
(1) 
Perform all election duties as required by Wisconsin Statutes 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; 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) 
Attend meetings, take minutes and maintain files for the Village Board and such other official boards and commissions as may be directed.
(5) 
Maintain a file on all Village records, ordinances, resolutions and vouchers.
(6) 
Type and distribute reports for the Village Board and for federal and state agencies.
(7) 
Audit and obtain approval on claims charged against the Village.
(8) 
Assist the Assessor in maintaining property assessment records.
(9) 
Administer oaths and affirmations.
(10) 
Issue licenses to various vendors in the Village.
(11) 
Develop and implement improved internal control and financial reporting procedures as necessary or as directed.
(12) 
File financial and other reports with various state agencies.
(13) 
File insurance claims on behalf of the Village.
(14) 
Locate suppliers of goods or services and obtain quotes.
(15) 
Advertise for bids, receive them and summarize the results.
(16) 
Identify and evaluate ideas to achieve more efficient and effective operation.
(17) 
Coordinate, supervise and conduct elections.
(18) 
Confer with Village President, department heads and Village Board committees about projects and problems.
(19) 
Maintain personnel files.
(20) 
Oversee Village purchasing policy as approved by the Village Board.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The Village Board may appoint a Deputy Clerk/Treasurer(s), upon the recommendation of the Village Clerk. The Deputy Clerk/Treasurer(s) shall have a two-year term of office. The Deputy Clerk/Treasurer(s) shall act under the Village Clerk's direction and, during the temporary absence or disability of the Village Clerk or during a vacancy in such office, shall perform the duties of Village Clerk. The acts of the Deputy(s) shall be covered by official bond as the Village Board shall direct.
A. 
Selection. Pursuant to §§ 61.195, 61.197 and 66.0101, Wis. Stats., the Village of Athens hereby elects not to be governed by those portions of §§ 61.19 and 61.26, Wis. Stats., which relate to the selection and tenure of the Treasurer and which are in conflict with this section. (Charter Ordinance) (See § 96-3A.)
B. 
Term. The appointed Village Treasurer shall hold office for a two-year term, as prescribed in § 96-2, subject to removal as provided in § 17.13, Wis. Stats.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Audits. Annual audits shall be made of the records of the Treasurer with the audit to be made by a certified public accountant.
D. 
Duties as Treasurer. The Village Treasurer shall be responsible for performing those duties required by the Wisconsin Statutes and for the following additional duties:[2]
(1) 
Prepare the tax roll and tax notices required by the State of Wisconsin.
(2) 
Prepare financial and bank statements.
(3) 
Maintain fiscal records for the Village.
(4) 
Make reports to the state on assessments.
(5) 
Prepare and send invoices for services provided by municipal utilities.
(6) 
Perform record keeping, billing, collections, banking, investments accounting and financial reporting of all Village operations.
(7) 
Collect all taxes for the Village and other taxing bodies.
(8) 
Invest idle funds for maximum interest earnings.
(9) 
Prepare monthly financial report.
(10) 
Maintain payroll records and prepare payroll checks from approved employee time sheets.
(11) 
Prepare check vouchers for payment of approved claims for signature.
(12) 
Assist in the preparation and compilation of the annual Village budget.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Duties prescribed by law. The Treasurer shall perform such other duties as are prescribed by state statutes and by order of the Village Board. The Treasurer generally shall perform, under direction of the Village President or other presiding officer of the Board, all duties pertaining to his/her office as Treasurer and shall be responsible for all the official acts of assistants.[3]
[3]
Editor's Note: Original § 2-3-5(f), Bond, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See § 50-2.
A. 
Appointment. The Village Attorney is an appointed position. The Village Attorney shall be appointed pursuant to § 96-2, except the Village Attorney shall serve a one-year term.
B. 
Duties. The Village Attorney shall have the following duties. He/she:
(1) 
Shall conduct all of the legal business in which the Village is interested.
(2) 
Shall, when requested by Village officers, give written legal opinions, which shall be filed with the Village.
(3) 
Shall draft ordinances, bonds and other instruments as may be required by Village officers.
(4) 
May appoint an assistant, who shall have power to perform his/her duties and for whose acts he/she shall be responsible to the Village. Such assistant shall receive no compensation from the Village, unless previously provided by ordinance.
(5) 
Shall perform such other duties as provided by state law and as designated by the Village Board.
C. 
Special counsel. The Village Board may employ and compensate special counsel to assist in or take charge of any matter in which the Village is interested.
A. 
Appointment. The Chief of Police shall be appointed pursuant to § 96-2. The Chief shall exercise the powers and duties of village marshals and village constables and any other powers and duties as provided from time to time by the Village Board.
B. 
General duties.
(1) 
The Chief of Police shall have command of the Police Department. The Chief of Police shall have general administration and control of the Department and shall be responsible for the Department's government, efficiency and general good conduct. The Chief of Police shall perform all duties prescribed to him/her by the laws of the state and the ordinances of the Village and shall obey all lawful written orders of the Village President or Village Board.
(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. The Chief of Police shall see that all laws and ordinances of the Village and state are enforced. Whenever any violation thereof shall come to his/her knowledge, he/she shall cause the requisite complaint to be made and see that the evidence is procured for the successful prosecution of the offender or offenders. The Chief of Police shall exercise supervisory control over all the personnel of his/her 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. The Chief of Police shall be solely responsible for the care and condition of the equipment used by his/her Department. The Chief of Police shall keep an accurate and complete record of all complaints, arrests, traffic violations, convictions and dispositions of the Department.
[1]
Editor's Note: See also Ch. 104, Police Department.
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/her appointment. The Weed Commissioner shall take the official oath, which oath shall be filed in the office of the Village Clerk, and shall hold office for one year. The Weed Commissioner shall hold office pursuant to and fulfill the duties set out in state law.
The general administrative responsibilities associated with public works duties are assigned to the respective Chairpersons of two standing Village Board committees:
A. 
Water and Sewer Committee Chairperson or his/her designee: Village utilities oversight.
B. 
Streets Committee Chairperson or his/her designee: Village streets oversight.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Pursuant to §§ 61.195, 61.197 and 66.0101, Wis. Stats., the Village of Athens 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. 
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 a term and 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/she 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 § 2-3-11, Health Officer, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Zoning Administrator position.
(1) 
There is hereby created the position of Zoning Administrator who shall be appointed pursuant to § 96-2 of this chapter.
(2) 
The manner and amount of compensation to be paid to the Zoning Administrator shall be fixed by the Village Board.
B. 
Powers and duties.
(1) 
It shall be the duty of the Zoning Administrator to see to the enforcement of all ordinance provisions relating to building permits and zoning.
(2) 
The Zoning Administrator shall make all inspections necessary for compliance with and enforcement of Chapter 480, Zoning, of this Code.
(3) 
The Zoning Administrator shall have the power to order all work stopped on construction, alteration or repair of buildings in the Village when such work is being done in violation of any Village ordinance. Work shall not be resumed after the issuance of such an order except on written permission of the Zoning Administrator.
(4) 
The Zoning Administrator shall issue or cause to be issued all proper permits for such work after payment of the fees prescribed in the Village Fee Schedule therefor. He shall process all applications and make all inspections.
C. 
Right of entry. The Zoning Administrator shall have the power to make or cause to be made an entry into any building or premises where the work of altering, repairing or constructing any building or structure is going on.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
State Building Inspector position.
(1) 
There is hereby created the position of State Building Inspector for the purpose of inspection of new construction of one- and two-family dwellings in the Village. Appointment will be pursuant to § 96-2 of this chapter. The Inspector shall be certified by the Division of Professional Credential Processing, as specified in § 101.66(2), Wis. Stats., in the category of Uniform Dwelling Code Construction Inspector as well as possess the certification categories of UDC HVAC, UDC Electrical, and UDC Plumbing.
(2) 
The fees as prescribed in the Village Fee Schedule will be collected and retained by the Inspector.
B. 
Powers and duties.
(1) 
It shall be the duty of the State Building Inspector to see to the enforcement of § 190-3 of this Code.
(2) 
The State Building Inspector shall make all inspections necessary for compliance with and enforcement of the Uniform Dwelling Code, Chs. SPS 320 to SPS 325, Wis. Adm. Code.
(3) 
The State Building Inspector shall have the power to order all work stopped on new construction of one- and two-family dwellings in the Village when such work is being done in violation of the Uniform Dwelling Code. Work shall not be resumed after the issuance of such an order except on written permission of the State Building Inspector.
(4) 
The State Building Inspector shall issue or cause to be issued all proper permits for such work after payment of the fees prescribed in the Village Fee Schedule therefor. He shall process all applications and make all inspections.
C. 
Right of entry. The State Building Inspector shall have the power to make or cause to be made an entry into any building or premises where the work of constructing any new building or structure is going on, including plumbing and electrical work.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
No person shall be elected by the people to a Village office who is not at the time of his/her 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, required 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.
A. 
Oath of office. Every officer of the Village shall, before entering upon his/her duties and within five days after notice of election or appointment, take the oath of office prescribed by law and file such oath in the office of the Village Clerk. Any person reelected or reappointed to the same office shall take and file an official oath for each term of service.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Form; procedure. The form, filing and general procedure for the taking of oaths shall be governed by Chapter 19, Subchapter I, of the Wisconsin Statutes.
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/her duties until he/she returns or until such disability is removed.
A. 
Elected officials. Elected officials may be removed by the Village Board as provided in §§ 17.13(2) and 17.16, Wis. Stats.
B. 
Appointed officials. Appointed officials may be removed as provided in §§ 17.13(1) and 17.16, Wis. Stats.