Municipal Code of the Village of Mukwonago
Waukesha and Walworth Counties
Chapter 2
ADMINISTRATION*
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* State Law References: Authority to codify ordinances, W.S.A., § 66.035.
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Article I. In General
Secs. 2-1--2-25. Reserved.
Article II. Village Board
Sec. 2-29. Ordinances and resolutions.
Sec. 2-31. Suspension of rules.
Sec. 2-32. Reserved.
Sec. 2-33. Reconsideration of motions or questions.
Secs. 2-34--2-50. Reserved.
Article III. Emergency Government
Sec. 2-52. Emergency government coordinator.
Sec. 2-53. Declaration of emergency.
Sec. 2-54. Emergency regulations.
Sec. 2-55. Obstruction of organization; penalty for violation of article.
Secs. 2-56--2-75. Reserved.
Article IV. Officers and Employees
Division 1. Generally
Sec. 2-76. Appointed officials.
Sec. 2-78. Regulations for all village officers.
Sec. 2-80. Code of ethics and conflict of interest.
Sec. 2-81. Background investigations.
Secs. 2-82--2-90. Reserved.
Division 2. Public Works Supervisor
Secs. 2-94--2-100. Reserved.
Division 3. Fire Chief
Sec. 2-102. Qualifications and skills.
Sec. 2-103. Duties and powers.
Secs. 2-104--2-115. Reserved.
Article V. Boards, Commissions and Committees
Division 1. Generally
Sec. 2-116. Committee appointments.
Sec. 2-117. Committee meetings and minutes.
Sec. 2-118. Committee reports.
Secs. 2-119--2-130. Reserved.
Division 2. Library Board
Sec. 2-132. Membership; terms; duties, powers and responsibilities.
Secs. 2-133--2-145. Reserved.
Division 3. Economic Development Committee
Sec. 2-146. Purpose of division.
Sec. 2-148. Appointments; terms; vacancies.
Secs. 2-150--2-170. Reserved.
Article VI. Finance
Sec. 2-171. Claims against village.
Sec. 2-172. Preparation and adoption of annual budget.
Secs. 2-174--2-195. Reserved.
Article VII. Public Records
Sec. 2-196. Custody and delivery of official property and records; penalty for violation of section.
Sec. 2-197. Public access to records.
Sec. 2-198. Access procedures.
Sec. 2-199. Limitations on right to access.
Sec. 2-201. Preservation through microfilm.
ARTICLE I.
IN GENERAL
Secs. 2-1--2-25. Reserved.
ARTICLE II.
VILLAGE BOARD*
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* Cross References: Municipal judge, § 26-26.
State Law References: Trustees, elections, number, terms generally, W.S.A., § 61.20; municipal courts generally, W.S.A., ch. 755 et seq.
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(a) Regular. Regular meetings of the village board shall be held on the first and third Tuesdays of each calendar month at 7:30 p.m. Any regular meeting falling on a legal holiday recognized as such in the state, shall be held on the succeeding Thursday at the same hour and place or at the next regularly scheduled meeting.
(b) Special. Special meetings of the village board may be called by any two trustees who shall file a written request with the village clerk at least 24 hours prior to the time specified for such meeting. The village clerk shall seasonally notify each trustee of the time and purpose of such meeting. The notice shall be delivered to each trustee personally or left at his usual place of abode. The village clerk shall cause an affidavit of service of such notice to be filed in his office prior to the time fixed for such special meeting. Special meetings may be held without notice when all members of the village board are present, or consent in writing to the holding of such meeting. Unless all trustees are in attendance, no business shall be transacted at a special meeting except for the purpose stated in the notice thereof.
(c) Place. All meetings of the village board, including special and adjourned meetings, shall be held in the village hall.
(d) Quorum. A majority of the members-elect, including the village president, shall constitute a quorum, but a lesser number may adjourn from time to time or compel the attendance of absent members.
(Code 1966, § 1.01)
State Law References: Village board, meetings, salaries, W.S.A., § 61.32; election, terms, etc., of trustees, W.S.A., § 61.20.
The business of the village board shall be conducted in the following order:
(1) Call to order by presiding officer;
(2) Roll call (if a quorum is not present, the meeting may be held with no action taken, or adjourned subject to call);
(3) Pledge of allegiance;
(4) Approval of minutes of previous meetings;
(5) Public input (all parties wishing to address the village board, for whatever reason, will be afforded such opportunity);
(6) Old business;
(7) Committee reports;
(8) Correspondence;
(9) New business; and
(10) Miscellaneous business.
(Code 1966, § 1.02)
(a) Control of meeting. The village president shall preserve order and conduct the proceedings of the meeting. A member may appeal from the decision of the presiding officer. Such appeal is not debatable and must be sustained by a majority of the members present, exclusive of the presiding officer.
(b) Absence of village president. If the village president is absent from any meeting, the village clerk shall call the meeting to order and preside until the village board selects a trustee to preside for that meeting.
(c) Participation in debate. The presiding officer may speak upon any question or make any motion if he vacates the chair and designates a trustee to preside temporarily.
(Code 1966, § 1.03)
State Law References: Village president generally, W.S.A., § 61.24.
Sec. 2-29. Ordinances and resolutions.
Ordinances, resolutions, bylaws, communications and other matters submitted to the village board shall be read by title and author and referred to the appropriate committee by the village president. No ordinance, resolution or bylaws shall be considered unless presented in writing by a trustee or village attorney. Unless requested by a trustee before final vote is taken, no ordinance, resolution or bylaw need be read in full.
(Code 1966, § 1.05)
The deliberations of the village board shall be conducted in accordance with the parliamentary rules contained in Robert's Rules of Order, Newly Revised, which is hereby incorporated in this section by reference. Persons in general attendance at a meeting may be afforded the opportunity to speak at the discretion of the presiding officer as long as comments are germane to the topic under discussion. No ordinance, resolution or other motion shall be discussed or acted upon unless it has been seconded.
(Code 1966, § 1.06)
Sec. 2-31. Suspension of rules.
These rules or any part thereof may be temporarily suspended in connection with any matter under consideration by a recorded vote of two-thirds of the members present.
(Code 1966, § 1.07)
Sec. 2-32. Reserved.
Sec. 2-33. Reconsideration of motions or questions.
(a) When a motion or question has been decided, it shall always be in order for any member of the board who voted on the prevailing side to move for reconsideration at the same or next succeeding meeting of the board. If a motion to reconsider is made at the same or succeeding meeting, then a simple majority of the board members may decide whether a motion or question is to be reconsidered.
(b) A motion to reconsider any motion or question shall not be heard if it is not made at the same or succeeding meeting at which the original motion or question was proposed.
(c) If a motion or question is raised which had previously been decided by the board during the same term, but not at the same or at the succeeding meeting, then the board in order to consider the motion or question must first vote to suspend the rules (as set forth in section 2-31) to allow the question or motion to be brought before it.
(d) If the board votes to suspend the rules to consider a question or motion once, the board shall not vote to suspend the rules to consider the question or motion again until the beginning of a new term.
(Ord. No. 621, § I, 4-21-98)
Secs. 2-34--2-50. Reserved.
ARTICLE III.
EMERGENCY GOVERNMENT*
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* Cross References: Water rationing, § 86-121 et seq.
State Law References: Emergency powers generally, W.S.A., § 66.325; extraterritorial powers generally, W.S.A., § 66.32.
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The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Emergency government means the preparation for and the coordinating of all emergency functions, other than functions for which the military forces are primarily responsible, for the minimization and repair of injury and damage resulting from disaster caused by enemy attack, sabotage or other hostile action or by fire, flood or other natural causes.
(Code 1966, § 3.10)
Cross References: Definitions generally, § 1-2.
Sec. 2-52. Emergency government coordinator.
(a) Creation of office. There is hereby created the office of emergency government coordinator for the village, who shall be appointed as provided by section 2-76.
(b) Duties and powers. The coordinator shall be the executive head of the village emergency government organization and shall have direct responsibility for the organization, administration and operation of the organization, subject to the direction and control of the village president and the village board. In addition to such powers and responsibilities as may be imposed on him from time to time by the village board, he shall have the authority and it shall be his duty to:
(1) Coordinate all activities for a declared emergency within the village.
(2) Maintain liaison and cooperate with other agencies and organizations of other political subdivisions and of the state and federal government.
(3) Participate in county and state emergency government activities, upon request.
(4) Prepare a comprehensive general plan for an emergency within the village and present such plan to the village board for approval.
(5) Subject to the approval of the village board, enter into mutual aid agreements with other political subdivisions and file copies of any such agreements with the proper agency of county and/or state.
(6) Upon the declaration of an emergency, issue all necessary proclamations as to the existence of such state of emergency and such disaster warnings or alerts as shall be required in the plan.
(c) Utilization of existing services and facilities. In preparing and executing the plan, the director shall utilize the services, equipment, supplies and facilities of the existing departments and agencies of the village to the maximum extent practicable. When the village board has approved the plan, it shall be the duty of all municipal agencies and departments of the village to perform the duties and functions assigned by the approved plan.
(Code 1966, §§ 2.06, 3.10(2), (3))
Sec. 2-53. Declaration of emergency.
(a) The village board may declare, by ordinance or resolution, an emergency existing within the village whenever conditions arise by reason of war, conflagration, flood, heavy snowstorm, blizzard, catastrophe, disaster, riot or civil commotion, acts of God, and including conditions without limitation because of enumeration, which impair transportation, food or fuel supplies, medical care, fire, health or police protection or other vital facilities of the village. The period of such emergency shall be limited by such ordinance or resolution to the time during which such emergency conditions exist or are likely to exist.
(b) The emergency power includes the general authority to order, by ordinance or resolution, whatever is necessary and expedient for the health, safety, welfare and good order of the village in such emergency and shall include, without limitation because of enumeration, the power to bar, restrict or remove all unnecessary traffic, both vehicular and pedestrian, from the local highways, notwithstanding any provision of W.S.A., chs. 341 to 349 or any other provisions of law.
(c) If, because of such emergency conditions, the board is unable to meet with promptness, the village president or acting village president, shall exercise by proclamation all of the powers herewith conferred which within the discretion of such officer appear necessary and expedient for the purposes set forth in this section. The proclamation shall be subject to ratification, alteration, modification or repeal as soon as the board may meet, but subsequent action taken by the village board shall not affect the prior validity of such proclamation.
(Code 1966, § 3.10(4), (5))
State Law References: Similar provisions, W.S.A., § 66.325.
Sec. 2-54. Emergency regulations.
Proclamations of emergency shall be posted in three public places and may be rescinded by resolution of the village board.
(Code 1966, § 3.10(5))
Sec. 2-55. Obstruction of organization; penalty for violation of article.
No person shall willfully obstruct, hinder or delay any member of the emergency government organization in the enforcement of any order, rule, regulation or plan issued pursuant to this section or violate any order, rule, regulation or plan issued pursuant to the authority contained in this section. Any person who shall violate any provision of this section shall, upon conviction, be subject to forfeiture not to exceed $100.00 or, in default of payment thereof, six months imprisonment for each separate offense.
(Code 1966, § 3.10(6))
State Law References: Emergency powers generally, W.S.A., § 66.325.
Secs. 2-56--2-75. Reserved.
ARTICLE IV.
OFFICERS AND EMPLOYEES*
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* Cross References: Health officer, § 42-2; police department, § 46-26 et seq.; public works responsible for village recreational facilities, § 58-1 et seq.; public works responsible for traffic control devices, § 82-47.
State Law References: Oaths and bonds generally, W.S.A., §§ 60.31, 61.21, 61.22; oaths and bonds of municipal judges, W.S.A., § 755.03; municipal employment generally, W.S.A., § 111.70.
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DIVISION 1.
GENERALLY
Sec. 2-76. Appointed officials.
(a) The village officials set forth in this subsection shall be appointed at the first regular meeting of the village board in May of even-numbered years by the village president, subject to confirmation by a majority vote of the members of the village board:
(1) Attorney;
(2) Humane officer;
(3) Emergency government coordinator; and
(4) Forester.
The village president shall not vote on the confirmation of such appointments except in case of a tie. The term of office of each official so appointed shall be two years. All terms shall commence on May 15 following the appointment.
(b) The village weed commissioner shall be the supervisor of public works. The weed commissioner or his designee shall be required to make application for and maintain any and all licenses pertaining to this office.
(Code 1966, § 2.02; Ord. No. 579, § I, 6-18-96)
State Law References: Appointed officials generally, W.S.A., § 61.19.
(a) Trustees. There shall be six trustees of the village. Three trustees shall be elected at each annual spring election for a term of two years, commencing on the third Tuesday of April in the year of their elections.
(b) Village president. The village president shall be chosen at the regular spring election in odd-numbered years for a term of two years commencing on the third Tuesday of April in the year of election.
(c) Municipal justice. The municipal justice shall be elected at the regular spring election in even-numbered years.
(Code 1966, § 2.01)
Cross References: Court, ch. 26.
Sec. 2-78. Regulations for all village officers.
(a) Effect of section. The provisions of this section shall apply to all officers of the village, regardless of the time of creation of the office or selection of the officer unless otherwise specifically provided by ordinance or resolution of the village board.
(b) Oath of village officers and municipal judge. Every officer of the village including members of village boards and commissions, shall, prior to entering upon their official duties and within five days of election, appointment or notice thereof, take the oath of office prescribed by law and file such oath in the office of the village clerk, except the village clerk, who shall file in the office of the village treasurer. The municipal judge shall take the official oath within ten days of being elected and file such oath with the clerk of the circuit court. Any person reelected or reappointed to office shall take and file an official oath for each term of service.
(c) Bond. Every officer shall, if required by law or the village board, upon entering upon the duties of his office, give a bond in such amount as may be determined by the village board with such sureties as are approved by the village president, conditioned upon the faithful performance of the duties of his office. Official bonds shall be filed as are oaths as provided in subsection (b) of this section.
(d) Salaries. All officers of the village shall receive such salaries as may be provided from time to time by the village board by ordinance or resolution. No officer receiving a salary from the village shall be entitled to retain any portion of any fees collected by him for the performance of his duties as such officer in the absence of a specific law or ordinance to that effect. Payment of regular wages and salaries established by the village board shall be by payroll, as provided in W.S.A., § 19.03(3). The regular payday shall be every other Friday.
(e) Vacancies. Vacancies in elective offices shall be filled by appointment by a majority vote of the village board for the remainder of the unexpired term. Vacancies in appointive offices shall be filled in the same manner as the original appointment for the remainder of the unexpired term unless the term for such office is indefinite.
(f) Outside employment. No full-time officer of the village shall engage in any other remunerative employment within or without the village; provided, however, that the village board may approve such outside employment or activity if it finds that it does not interfere or conflict with such officer's ability to perform his duties in an efficient and unbiased manner. Violation of this subsection shall be grounds for removal from office of any such officer.
(Code 1966, § 2.19; Ord. No. 757, § I, 4-5-05)
The clerk shall maintain a fidelity bond of not less than $5,000.00.
State Law References: Clerk's bond generally, W.S.A., § 66.044.
Sec. 2-80. Code of ethics and conflict of interest.
(a) It shall be the duty of village employees, including elected officials, full-time employees, and part-time employees, to comply with state statutes, specifically adopting by reference W.S.A., § 19.59, as if fully set out in this section, and village ordinances with respect to the proper and appropriate conduct of their positions. Mindful of village goals and objectives, village employees shall:
(1) Perform all mandatory, nondiscretionary and ministerial duties of their positions within the time and in a manner required by law.
(2) Devote attention to their duties, uphold the law and conduct village business with fairness, integrity and professionalism, with full regard to the public trust of the office.
(3) Not receive any additional salary, benefits or reimbursement for expenses for work performed pursuant to a village contract for services where that employee is currently being compensated by the village for that work under existing conditions of hire with the village.
(4) Never act in excess of lawful authority or commit an act forbidden by law within their official capacity.
(5) Not, by act of commission or omission, in their capacity as employees of the village, exercise a discretionary power in a manner inconsistent with the duties of their position or the rights of others or with the intent to obtain a dishonest advantage for themselves or for others.
(6) Not in their capacity as employees make an entry in an account, record book, return, certificate, report or statement which in a material respect intentionally and knowingly falsifies.
(7) Not under color of their position as a village employee intentionally solicit or accept for the performance of any service or duty anything of value including but not limited to, any gift, loan, favor, or service, given for the purpose of influencing them in the discharge of official duties.
(8) Not use village property, facilities, or resources strictly for private or personal gain for themselves, family or others.
(9) Not use confidential information for their personal gain or benefit or that of family or others.
(10) Act in what is conceived, in their opinion, to be the best interest of the citizens of the entire village. Similarly, such employees shall grant no special consideration or treatment to any citizen beyond that which is available to every other citizen.
(11) Not participate, either directly or indirectly, in purchases for personal use for less than full value by utilizing discounts or tax exemptions allowed to the village.
(b) Nothing in this section shall deny any employee the rights of a citizen under the Constitution of the United States of America, state constitution, state statutes or any other bona fide regulation of this state. Employees shall be made aware of this section at the time of their election, employment, or appointment. If an action is brought against a village employee for violation of this section, discipline, including discharge, may be assessed.
(Code 1966, § 2.18)
Sec. 2-81. Background investigations.
Submission of an application for any employment or appointed position with the village shall constitute consent to a background investigation (including a criminal history and traffic history) by the village. All applicants shall be investigated by the police department, and the results of said investigation shall be forwarded to the village administrator or the administrator's designee for placement in the applicant's file or employee's personnel file.
(Ord. No. 803, § I, 6-19-07)
Secs. 2-82--2-90. Reserved.
DIVISION 2.
PUBLIC WORKS SUPERVISOR
The supervisor of public works shall be appointed by a majority vote of the village board solely on the basis of merit, training, experience, administrative ability, efficiency and general qualifications and fitness for performing the duties of the position.
(Code 1966, § 2.05(1); Ord. No. 579, § II, 6-18-96)
The supervisor of public works shall hold office for an indefinite term subject to removal for cause after a public hearing by a three-quarters vote of the village board.
(Code 1966, § 2.05(2); Ord. No. 579, § II, 6-18-96)
The supervisor of public works shall have such duties and powers as described in the job description of appropriate village manual or extended to the position by law.
(Code 1966, § 2.05(3); Ord. No. 579, § II, 6-18-96)
State Law References: Public works contracts, bids, generally, W.S.A., § 66.79.
Secs. 2-94--2-100. Reserved.
DIVISION 3.
FIRE CHIEF
The fire chief position shall remain a part-time position until the joint fire commission appoints a full-time fire chief. The fire chief shall, by virtue of his office, hold the office of fire inspector. The present part-time fire chief shall continue as the fire chief for the department on a part-time basis until a full-time chief has been appointed.
(Ord. No. 573, § I(1), 2-6-96)
Sec. 2-102. Qualifications and skills.
In order to be eligible for the position of full-time fire chief, the applicant shall meet the criteria set forth in the position description adopted by the village on January 16, 1996, and by the Town of Mukwonago on January 31, 1996.
(Ord. No. 573, § I(2), 2-6-96)
Sec. 2-103. Duties and powers.
The fire chief shall have the duties, responsibilities and powers as set forth in other sections of this Code and as set forth in the position description adopted by the village on January 16, 1996, and by the Town of Mukwonago on January 31, 1996.
(Ord. No. 573, § I(3), 2-6-96)
Secs. 2-104--2-115. Reserved.
ARTICLE V.
BOARDS, COMMISSIONS AND COMMITTEES*
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* Cross References: Board of health, § 42-2; board of police commissioners, § 46-51 et seq.; village plan commission, § 62-1; board of review, § 78-1; board of zoning and building appeals, § 100-801 et seq.
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DIVISION 1.
GENERALLY
Sec. 2-116. Committee appointments.
(a) No later than the first regular board meeting in May, the village president shall appoint trustees to each of the following standing committees:
|
(1) |
Finance committee |
Three members |
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(2) |
Public works committee |
Three members |
|
(3) |
Judicial committee |
Two members |
|
(4) |
Health and recreation committee |
Two members |
|
(5) |
Protective services committee |
Three members |
|
(6) |
Personnel committee |
Three members |
(b) The village president shall be ex-officio chairman of the committee on finance and shall designate the chairmen of other standing committees. The village president shall appoint all special committees and designate the chairman of each. The chairman of the protective services committee shall also serve as the village board appointee of the joint fire commission. All committee appointments, except designation of chairmen, shall be subject to confirmation by a majority vote of the village board.
(Code 1966, § 1.04(1); Ord. No. 601, § I, 5-20-97; Ord. No. 734, § I, 5-4-04)
Sec. 2-117. Committee meetings and minutes.
(a) Committees should meet on a monthly basis. If more meetings are required, it shall be at the discretion of the chairman to so call. In like manner, meetings may be cancelled by the chairman if no business is pending. However, all committees should meet a minimum of bimonthly so as to afford citizens access to the committee.
(b) Minutes shall be kept of all committee meetings and turned over to the village clerk as part of the public record.
(c) Any committee may require any village officer to confer with it and supply information in connection with any matter pending before it.
(Code 1966, § 1.04(2))
Sec. 2-118. Committee reports.
Each committee shall at the next regular meeting report on all matters referred to it. Such report shall recommend a definite action on each item.
(Code 1966, § 1.04(3))
Secs. 2-119--2-130. Reserved.
DIVISION 2.
LIBRARY BOARD
Pursuant to the provisions of W.S.A., ch. 43, there is established a village library board.
(Code 1966, § 2.15(a))
Sec. 2-132. Membership; terms; duties, powers and responsibilities.
The library board shall have the membership, terms of office, duties, powers and responsibilities as set forth in W.S.A., ch. 43, such chapter being incorporated in this section by reference as if fully set out in this section.
(Code 1966, § 2.15(b))
Secs. 2-133--2-145. Reserved.
DIVISION 3.
ECONOMIC DEVELOPMENT COMMITTEE
Sec. 2-146. Purpose of division.
The economic development committee, referred to in this division as EDC, shall be a citizen advisory committee whose purpose shall be to advise the village board on matters of economic development, implementing economic development activities that will assist in improving economic conditions in the village and developing and maintaining the village industrial park.
(Code 1966, § 2.17(1))
The EDC shall consist of seven members and one ex-officio member as follows:
(1) The village president;
(2) A member of the village plan commission;
(3) Three citizens whose principal occupations shall be business owners or managers of businesses in the village with known interest in local economic development;
(4) Two citizens having general knowledge of the affairs of the village, and interest in local economic development;
(5) An ex-officio member who shall be the village clerk and shall serve as secretary;
(6) The chairperson shall be elected from the members and shall serve for a period of one year.
(Code 1966, § 2.17(2))
Sec. 2-148. Appointments; terms; vacancies.
(a) All appointments shall be made by the village president and confirmed by the village board.
(b) Appointments of the five citizen members shall be for staggered three-year periods, except that of those first appointed: one shall be for one year; two shall be for two years; and two shall be for three years.
(c) The plan commission member shall serve a two-year term and will be appointed in May of even-numbered election years.
(d) Vacancies will be filled in the same manner as the original appointment for the unexpired term of office thereof.
(Code 1966, § 2.17(3))
The economic development committee shall be responsible for implementing the following economic development program goals:
(1) Guide and coordinate the efforts of local individuals and organizations concerned with the economic development of the village.
(2) Retain existing employment opportunities and encourage the expansion of existing business and industry in the village by helping to meet the needs of existing employers.
(3) Create new employment opportunities through the attraction of new employers to the community.
(4) Assist in creating new employment opportunities by facilitating entrepreneurial opportunities in the village.
(5) Facilitate economic development in the village through the provision of community facilities and services that will assist in the expansion of employment opportunities.
(6) To assist the village in marketing, coordinating and facilitating the development of the Mukwonago Industrial Park.
(Code 1966, § 2.17(4))
State Law References: Promotion of industry generally, W.S.A., § 46.52 et seq.
Secs. 2-150--2-170. Reserved.
ARTICLE VI.
FINANCE
Sec. 2-171. Claims against village.
(a) Certification of claims. Prior to submission of any account, demand or claim to the village board for approval of payment, the village clerk or his designee shall certify, or cause to be endorsed thereon or on attached papers, that the following conditions have been complied with:
(1) Funds are available therefor pursuant to the budget.
(2) The item or service was duly authorized by the proper official or agency and has been received.
(3) The claim is accurate in amount and is a proper charge against the treasury.
(b) Village finance committee to audit accounts. No account or demand against the village, except as provided in subsection (c) of this section, shall be paid until it has been audited by the village finance committee and an order drawn on the village treasurer therefor. Every such account shall be itemized and certified as provided in subsection (a) of this section. After auditing, the village finance committee shall certify the amounts to be allowed by signing the warrant register, and specifying the items or parts of items disallowed. The minutes of the proceedings of the village board shall show what was allowed from each fund for payment.
(c) Payment of regular wages or salaries. Regular wages or salaries of village officers and employees shall be paid by payroll, verified by the proper village official, department head, board or commission and filed with the village clerk in time for payment on the regular payday.
(d) Method of incurring claims. All actions of the village board appropriating money or creating a charge against the village, other than claims for purchases or work previously authorized by the village board, shall only be acted upon at the next regular meeting, after introduction, provided that this rule may be suspended by affirmative vote of three-quarters of all members of the village. A roll vote shall be taken and recorded on all appropriations.
(e) The clerk shall file with the village board not less than monthly a list of the claims approved, showing the date paid, name of claimant, purpose and amount.
(Code 1966, § 19.03)
Sec. 2-172. Preparation and adoption of annual budget.
(a) Preparation. On or before October 20 each year the village president, with the assistance of the village clerk, shall prepare and submit to the village board a proposed budget presenting a financial plan for conducting the affairs of the village for the ensuing year. Before preparing the proposed budget, the village president shall consult with the heads of village departments and with village officials and shall then determine the total amount to be recommended in the budget for each village department or activity.
(b) Form of proposed budget. The proposed budget shall include the following information:
(1) The actual expenditures of each department and activity for the expired portion of the current year and last preceding fiscal year and the estimated expense of conducting each department and activity of the village for the remainder of the current year and ensuing fiscal year, with reasons for any proposed increase or decrease as compared with actual and estimated expenditures for the current year.
(2) An itemization of all anticipated income of the village from sources other than general property taxes and bond issues, with a comparative statement of the amounts received by the village from each of the same or similar sources for the last preceding and current fiscal years.
(3) All existing indebtedness of the village, including the amount of interest payable and principal to be redeemed on any outstanding general obligation bonds of the village and any estimated deficiency in the sinking fund of any such bonds during the ensuing fiscal year.
(4) An estimate of the amount of money to be raised from general property taxes which, with income from other sources, will be necessary to meet the proposed expenditures.
(5) Such other information as may be required by the village board and by state law.
The village board shall provide a reasonable number of copies of the budget thus prepared for distribution to the citizens of the village.
(c) Appropriation ordinance; hearing. The village president, with the assistance of the village clerk, shall submit to the village board with the annual budget a draft of an appropriation ordinance providing for the expenditures proposed for the ensuing fiscal year. Before adoption of a final appropriation ordinance, the proposed appropriation ordinance shall be dealt with as required by law.
(d) Changes in final budget. Upon written recommendation of the village president, the village board may at any time by a two-thirds vote of the entire membership, transfer any portion of an unencumbered balance of an appropriation to any other purpose or object. A class one notice of such transfer shall be given by publication within ten days thereafter in a newspaper in general circulation in the village.
(e) Expenditures limited by annual appropriation. No money shall be drawn from the treasury of the village nor shall any obligation for the expenditure of money be incurred, except in pursuance of the annual appropriation ordinance and changes therein authorized in accordance with subsection (d) of this section. At the close of each fiscal year any unencumbered balance of an appropriation shall revert to the general fund and shall be subject to reappropriation. However, appropriations may be made by the village board, to be paid out of the income of the current year, in furtherance of improvements or other objects or works which will not be completed within such year. Any such appropriation shall continue in force until the purpose for which it was made shall have been accomplished or abandoned.
(Code 1966, § 19.04)
The village board shall cause an annual detailed audit of its financial transactions and accounts by a public accountant licensed under W.S.A., ch. 442.
Secs. 2-174--2-195. Reserved.
ARTICLE VII.
PUBLIC RECORDS
Sec. 2-196. Custody and delivery of official property and records; penalty for violation of section.
(a) Each and every officer of the village is the legal custodian of and shall safely keep and preserve all property and things received from the officer's predecessor or other persons and required by law to be filed, deposited, or kept in the officer's office, or which are in the lawful possession or control of the officer or the officer's deputies, or to the possession or control of which the officer or the officer's deputies may be lawfully entitled, as such officers.
(b) Upon the expiration of each such officer's term of office, or whenever the office becomes vacant, the officer, or on the officer's death, the officer's legal representative, shall on demand deliver to the officer's successor all such property and things then in the officer's custody, and the officer's successor shall give a receipt therefor to such officer, who shall file such receipt in the office of the village clerk. If a vacancy occurs before such successor is qualified, such property and things shall be delivered to and be receipted for by such secretary or clerk, respectively, on behalf of the successor, to be delivered to such successor upon the latter's receipt.
(c) Any person who violates this section shall, in addition to any other liability or penalty, civil or criminal, forfeit not less than $25.00, nor more than $2,000.00. Such forfeiture shall be enforced by a civil action on behalf of, and the proceeds to be paid into the treasury of the village.
(Code 1966, §§ 19.05--19.07)
State Law References: Similar provisions, W.S.A., § 19.21.
Sec. 2-197. Public access to records.
(a) Right to inspect; receive copies. Except as provided in section 2-199, any person has a right to inspect a record and to make or receive a copy of any record as provided in W.S.A., § 19.35(1).
(b) Availability. Records will be available for inspection and copying during all regular office hours. 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.
(c) Provision of copies. A requester shall be permitted to use facilities comparable to those available to village employees to inspect, copy or abstract a record. All copies requested shall be provided by the village clerk.
(d) Supervision during inspection; manner of access. 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.
(e) Fees for location and copying. 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 calculated and paid as required and specified in the most current village board resolution. 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 no charge for locating a record unless the actual cost therefor exceeds $50.00, in which case the actual cost shall be determined by the legal custodian and billed to the requester.
(6) The legal custodian shall estimate the cost of all applicable fees and may require a cash deposit adequate to ensure payment, if such estimate exceeds $5.00.
(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.
(f) Notice concerning access to be posted. Pursuant to W.S.A., § 19.34 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 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. Each authority shall also prominently display at its offices, for the guidance of the public, a copy of W.S.A., §§ 19.31 to 19.39 (sections 2-197--2-19