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CHAPTER I
VILLAGE BY-LAWS |
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CHAPTER I
VILLAGE BY-LAWS ARTICLE 1 TITLE |
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This Chapter shall be known as the "By-laws of the Village of Big Bend", and shall regulate the government of the Village. |
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ARTICLE II
NAME |
| The name of this Municipal Corporation shall be the "Village of Big Bend" and shall hereinafter be referred to as the "Village." |
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ARTICLE III
VILLAGE GOVERMENT |
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1.01
VILLAGE BOARD. The President and Trustees of the Village shall constitute a board designated the "Village Board of Big Bend," in which shall be vested the powers of the Village not specifically given some other officer. Four Trustees shall constitute a quorum, but less number may adjourn from time to time. The President shall preside at all meetings when present. Regular meetings shall be held at such times as may be prescribed by their by-laws. Special meetings may be called by any two Trustees in writing, filed with the Clerk, who shall thereupon reasonably notify all Trustees of the time and place thereof in the manner directed by the by-laws. All meetings shall be open to the public. The Board shall keep a record of all its proceedings, shall have power to preserve order at its meetings, compel attendance of Trustees and punish non-attendance, and it shall be judge of the election and qualification of its members. 1.02 BY-LAWS, STANDING RULES AND REGULATIONS OF VILLAGE BOARD 1. Meeting of the Village Board. a. Regular Meetings. Regular meetings of the Village Board of Big Bend shall be held on the first Thursday of each month at 7:00 p.m. at the Big Bend Village Hall or at such other public place and time as may be designated by the Village Board. (Ord.91- 5) Revised 12/24/91 Trustees by filing with the Clerk, in writing, a request for such special meeting, stating therein the purpose of necessity therefore, whereupon the Clerk shall notify the President and all Trustees of such special meeting and the purpose for which held (Sec. 61.32 WI. Stats.) (Ordinance 93-4). when all members of the Village Board are present in person and answer the roll call, provided the public notice requirements of Sec. 19.84, WI. Stats. are met. following manner: rectifying mistakes if any exist. previous meetings future agenda items and upcoming scheduled meetings. be subject to the following rules and regulations: order at the hour to which it stands adjourned; and, if a quorum be present, he shall direct the minutes of the preceding meeting to be read and acted on. In his absence he may appoint anyone of the members of the Board to serve as acting President or, in lieu thereof, the Board shall elect one of its own number to preside. time to time. approval of the Board. action may be referred by the President, without motion, to the appropriate committee, unless objected to by some member. and stated by the member making the same, or by the President, or read by the Clerk. Village funds, creating of any liability or charge against the Village, assessing or levying of taxes, or on the adopting of any ordinance, resolution or by-laws, shall be by roll call vote, and a record of the "ayes" and "noes" shall be entered at length upon the journal. Voting on all other matters shall be done by acclamation, but on all questions it shall be in order to call for a division, of the "ayes" and "noes", if made previously to the decision of the President. Every member, when a question is put, shall vote, unless the Board shall, for special cause, excuse the member. It shall be in order for any member, if in the majority, to move for the reconsideration of any vote in question at the same meeting or at the next succeeding regular or adjourned meeting. A motion to reconsider having been put and lost shall not be renewed. rescind be laid over from a regular meeting, and then it shall require a two-thirds vote of all the Board elected, and then no rule or by-law shall be suspended except by a two-thirds vote of all the Board and then only for a single meeting. Board, the President or presiding officer shall have the power to cause the room to be cleared of all persons guilty of disorderly conduct. member of the Board when requested by three or more of the members present. parliamentary practice commonly known as "Robert's Rules of Order," except when otherwise limited or modified by this Chapter.
1.03 Village Board Committees and Commissions made by the Village President subject to the approval of the Village Board and by the same procedure the membership of such committees and commissions may be changed from time to time, but unless so changed all such appointments shall terminate on the date of the first Village Board meeting following the annual election. President shall appoint the following: Assessor, Finance Personnel Committee, Public Safety Commission, Public Works Commission, Library Board, and any other office, committee, or commission as deemed necessary with the approval of the Village Board. The Village President shall also appoint required members of the Plan Commission, Board of Appeals, Board of Review, Police Commission and Fire Commission and Fire Board subject to the approval of the Village Board. Board, the Finance and Personnel Committee, and two commissions, the Public Safety Commission and Public Works Commission. The committee and commissions shall have general responsibility of, and to which there shall be referred, questions pertaining to the subject matter which the committee has responsibility of according to the committee or commission classification: which who may be the Village President, and all shall be voting members. The committee members shall elect a chairperson. approval concerning the management and oversight of Village finance and personnel matters and which shall include the following: Village service and the proposed appropriation of the same for the ensuing year. Village and other positions. year to the Village Board by October 31st of each year. who may be the Village President, and three Village residents, and all shall be voting members. The Commission members shall elect a chairperson. The Police and Fire Chiefs, Court Clerk and Superintendent of Public Works shall serve as non-voting members. Municipal Court, and Public Works Department to develop and forward to the Village Board recommendations to ensure the health, safety and welfare of the Village of Big Bend and its residents said responsibilities which shall include the following: street lighting, warning signals and signs. site clearance, etc. Government. Provide for adequate safety and protection of persons and property within the Village. to the Village Board. ordinances, building, electrical, plumbing, heating and zoning codes. consider and prepare all matters referred to them for the creation of ordinances, and the amendment and revision of existing ordinances. This shall apply to licenses, permits, etc. Various committees and commission may prepare ordinances, which shall be submitted to Public Safety Commission and Village Attorney for review and presentation to the Village Board. who may be the Village President, and three Village residents, and all shall be voting members. The Commission members shall elect a chairperson. The Superintendent of Public works and Village Engineer shall serve as non-voting members. concerning roadways and street, municipal buildings, grounds and parks, health and sanitation, garbage collection, sidewalks and construction repair and maintenance, said responsibilities which shall include the following: including widening of streets, resurfacing and paving of streets, extension and vacating of streets. private property. Back to top
1.04 POWERS OF THE VILLAGE BOARD. management and control of the Village property, finances, highways, streets, navigable waters, and the public service, and shall have power to act for the government, carry its powers into effect by license, regulation, suppression, borrowing, taxation, special assessment, appropriation, forfeiture, imprisonment, and other necessary or convenient means. The powers hereby conferred shall be in addition to all grants and shall be limited only by express language. other villages or cities in a co-operative arrangement for executing any power or duty in order to attain greater economy or efficiency, including joint employment or appointive officers and employees. within or without the Village, for parks, libraries, historic places, recreation, beautification, streets, waterworks, sewage or waste disposal, harbors, improvement of watercourses, public grounds, vehicle parking areas, and for any other public purpose; may improve and beautify the same; may construct, own, lease and maintain buildings on such property for instruction, recreation, amusement and other public purposes; and may sell and convey such property. Condemnation shall be as provided by Chapter 32, WI Stat. (WI Stat., Sec. 61.34) . acquire by gift, purchase or condemnation under ch. 32 any and all property rights in lands or waters, including rights of access and use, negative or positive easements, restrictive covenants, covenants running with the land, scenic easements and any rights for use of property of any nature whatsoever, however denominated, which may be lawfully acquired for the benefit of the public or for any public purpose, including the exercise of powers granted under sec. 61.35 and 62.23 WI Stat; and may sell and convey such easements or property rights when no longer needed for public use or protection. (Wisconsin Statutes, Sec. 61.39). assessments; may refund any tax or special assessment paid, or any part thereof, when satisfied, that the same was unjust or illegal; and generally may manage the Village finances. The Village Board may loan money to any school district located within the Village in such sums as are needed by such district to meet the immediate expenses of operating the school thereof, and the board of the district may borrow money from such Village accordingly and give its note therefore. No such loan shall be made to extend beyond the thirtieth day of August next following the making thereof or in an amount exceeding one-half of the estimated receipts for such district as certified by the State Superintendent of Schools and the local School Clerk. The rate of interest on any such loan shall be determined by the Village Board. Village, fix their compensation, which in the case of the Clerk and Treasurer, shall include his or her services in the collection of taxes, may fill vacancies when no other provision is made by law; may call special elections and approve its personnel of the Election Board. Officers and such other furniture, property, stationery and printing as shall be necessary for Village purposes. which the Village is interested and employ counsel therefore. Street Commissioners, whenever they deem necessary. a revised and consolidated plat of the same to be recorded in the office of the Register of Deeds. In the discretion of the Trustees, the Board may compel the owners and occupants of all houses, stores and other buildings within the Village to number the same in such manner as the Village Board of Trustees may from time to time prescribe. Village which are not embraced in any of the recorded plats of land therein. The plat shall plainly define the boundary of the designated each parcel of land thereon as a lot with a number, and the accompanying list to enable a surveyor to locate the same; both such plat and list to be approved by the Village Board, acknowledged by the Village Clerk and President and recorded in the office of the Register of Deeds of Waukesha County. Said plat shall be called "Assessors Plat." For the purpose of assessment, taxation and conveyance, it shall be deemed a sufficient description of any land described in said plat to designate the same as "Out Lot" with its number as it appears on said plat, and any such description of conveyance shall be as effective to pass the title to the land therein described as it would if the same premises had been described by metes and bounds. Said plat or record thereof shall be received in evidence in all Courts and places as correctly describing the several pieces of land therein designated. Amendment may be made to the plat at any time by the Village Board by recording with the Register of Deeds a plat and accompanying list of such amendment, authenticated in the same manner as the original plat and list. The major portion of any lot which is altered by an amendment shall retain the original number given to such out lot, and a new number shall be given to the tract that may be detached. It shall not be necessary to refer to any amendment of the plat, but all assessments or instruments wherein any tract of land is described as being in the Assessors Plat shall be construed to mean the Assessors Plat of Lands with its amendments as it stood at the date of making such assessment or instrument. or may authorize the establishment of a Volunteer Fire Department, whose election of member and officers shall be submitted to the Village Board for it confirmation, and may prescribe and regulate their duties; may provide protection from fire by the purchase of fire engine and all the necessary apparatus for the extinguishing of fire; may erect engine houses, may compel the inhabitant of the Village to aid in the extinguishing of fire, and may pull down and raze such building in the vicinity of the fire as shall be directed by them or any two of them who may be at the fire for the purpose of preventing its communication to other buildings; may establish fire limits or the limits within which wooden or other combustible buildings shall not be erected: may regulate the storage of gunpowder and other dangerous materials: may require the construction of safe places for the deposit of ashes; may regulate the manner of putting up stove pipes and the construction and cleaning of chimneys: may regulate the use of fireworks and firearms may enter and examine all dwelling houses, lots, yard, enclosures and building of every description in order to discover whether any of them are in dangerous condition: and may cause such as may be dangerous to be put in safe condition; and generally may establish such necessary measurers for the prevention or extinguishments of fires as may be necessary and proper. sewers, parks, squares or public grounds, and may grade improve, repair or discontinue the same or any part thereof. goats, dogs, poultry and other animals and may authorize the restraining, impounding and sale of same. theatrical performances or shows of any kind. used for the purposes of gaming; may prevent and suppress fights, riots, noises, disturbances, disorderly conduct, disorderly assemblages, disorderly houses, houses of ill fame, immoderate drunkenness, drinking, vagrancy, obscenity, lewdness and prostitution within the limits of the Village; may regulate places of bathing and swimming or prohibit and prevent such bathing and swimming within the Village. the Village, and suppression of vice and immorality, the prevention of crime, the protection of public and private property, the benefit of trade and commerce and promotion of health, not inconsistent with the Constitution and laws of the United States or of this State, as they shall deem expedient; and may determine and establish by ordinance the mode of procedure and what it shall be sufficient to allege and prove in order to make out a prima facie case of violation of any ordinance. 1.05 VILLAGE ELECTIONS, TIME AND NOTICE. The annual election of the Village of Big Bend shall be held on the first Tuesday of April in each year. Notice thereof shall be given by the Clerk by publication in the official Village newspaper, or in lieu thereof, by posting in three places, as provided by law; however omission of such notice shall not invalidate such election. Special elections may be held when ordered by the Village Board. Notice thereof shall be given as provide by law. (WI Stat, Secs.
10.06(3), 10.05, 8.06).
1.06 PLACE, OPENING AND CLOSING OF POLLS. Every Village election shall be held at the Village Hall or at any other place or places designated by the Village Board. The opening and closing of the polls shall be governed by the provisions of section 6.78, WI Stat, and conduct of every Village election shall be in conformity with the provisions of state law.
1.07 ELECTION OF TRUSTEES: TERMS. The Village of Big Bend shall have six (6) trustees whose term of office shall be two years, three of who shall be elected each year. (WI Stat, section 61.20 (1).
1.08 NOTIFICATION OF OFFICERS-ELECT: OATH OF OFFICE. Within five days after the election or appointment of any Village Officer the Village Clerk shall notify the person so selected thereof, and every person elected or appointed to any office named in section 61.19, WI Stat, shall within five (5) days after notice of election or appointment take and file the official oath. (WI stat Sec. 61.21).
1.09 OFFICIAL BONDS: OFFICERS NOT TO BE SURETIES. Every bond required of the Village Officer shall be executed with sufficient sureties in a sum fixed by the Village Board when not otherwise prescribed and be approved by the Village President. Whenever the Village Board shall deem any bond insufficient they may require an additional bond to be executed and filed in a sum and within a time not less than ten days, to be fixed by them. No Village Officer shall be accepted as a surety on any bond, note or other obligation to the Village. (WI. Stats, Sec 61.22)
1.10 TERMS OF OFFICE; TEMPORARY VACANCIES. Except as otherwise provided by law, the term of office of all Village Officers shall be two (2) years. Persons serving in appointive offices shall serve until their respective successors are appointed and qualify. If any officer is absent or temporarily incapacitated for any cause, the Village Board may appoint some person to discharge the officer's duties until the officer returns or until such disability is removed. (WI Stat, Sec. 61.23). 1.11 DUTIES OF THE VILLAGE PRESIDENT. The Village President shall be, by virtue of the office, a Trustee and preside at all meetings of the Village Board and have a vote as Trustee, sign all ordinance, rules, by-laws, regulations, commissions, licenses and permits adopted or authorized by the Village Board and all orders drawn on the treasury, except as provided by Sec. 66.042, WI Stat. The Village President shall maintain peace and good order, see that the ordinances are obeyed, and in case of disturbance, riot or other apparent necessity, appoint as many special marshals as the Village President shall deem necessary, who for the time being, shall possess all the power and rights of constables. (WI Stat, Sec. 61.24). The Village President shall appoint the several standing and special committees of the Village Board, subject to the approval of the Village Board. The Village President shall appoint such other officers and committees as may be prescribed in the Village Code, subject to the approval of the Village Board. In case of vacancy in any office, the Village President shall appoint a person to fill the unexpired term subject to the approval of the Village Boards. The Village President shall countersign all papers, conveyances, obligations issued by the Village Board and all documents pertaining to the Village Government in which the Village is a party at interest, and shall represent the Village in all actions, proceedings and matters, together with the Village Clerk, in which the Village is interested or involved. (Ord 96-3) Back to top 1.12 CLERK, DUTIES. The Village of Big Bend hereby elects to amend it’s Charter by separation of the office of Village Clerk/Treasurer and creating the offices of Village Clerk and Village Treasurer. 1. There is hereby created the office of Village Clerk. The person so selected to perform the duties of the office of Village clerk of said Village shall be appointed by a majority vote of the Village Board of the Village of Big Bend, Waukesha County, Wisconsin. The Village Clerk shall hold office for an indefinite term and shall be subject to removal as provided by law for officers appointed by the Village Board. Certified Public accountant licensed under Chapter 442, Wisconsin Statutes designated by the Village Board. vote, whether the office of Village Clerk shall be a full time or a part time position and shall likewise determine the compensation to be paid therefore. election returns required to be filed in the Clerk's office, and to notify persons elected or appointed to the Village offices. a certified statement of the name and term for which elected or appointed, of the President, Clerk, Treasurer-Deputy Clerk and Assessor; and to the Clerk of the Circuit Court immediately after the election or appointment and qualification a like statement of the time and term of which elected or appointment of the Municipal Judge and Chief of Police of the Village. ordinances, rules, by-laws, resolutions and regulations adopted, and to countersign and keep a record of all licenses, commissions and permits granted or authorized by them, for such purposes to keep the following books: a minute book, in which shall be recorded in chronological order full minutes of all elections, general or special, and statements of the inspectors thereof; full minutes of all proceedings of the Board of Trustees; the titles of all ordinances, rules, regulations and by-laws, with reference to the book and page where the same may be found; and ordinance book, in which shall be recorded at length in chronological order, all ordinances, rules, regulations and by-laws; a finance book, in which shall be kept a full and complete record of the finances of the Village, showing receipts, the date, amount and sources thereof and the disbursements, with date, amount and object for which paid out; and the enter in either such other matters as the board shall prescribe, and such other books as the board directs. required by law, and to have proper proof thereof made and filed. records, books, papers or property belonging to filed or deposited in the Clerk's office, and deliver the same to the Clerk's successor when qualified; to permit any person with proper care to examine and copy any of the same, and to make and certify a copy of any thereof when required, on payment of the same fees allowed Town Clerks therefore. (b), WI. Stats. other. assessed valuation of all the property in the Village and separately the amount of all taxes levied therein, including highway and street taxes, for the current year, and the purposes for which they were levied. commissions as the Village Board may, by ordinance, designate from time to time. proportion of property tax revenue of the credits under sec. 79.10 that is to be disbursed by the taxation district Treasurer to each taxing jurisdiction located in the Village.
Board. (WI Stats, Sec. 61.25) (Ord 2000-13) 1.121 DEPUTY CLERK DUITES. The Village Treasurer shall be a Deputy Clerk. The Village Clerk may appoint additional Deputy Clerks as authorized from time to time by the Village Board, subject to approval by the Village Board, who shall take and file the Oath of Office, and in case of absence, sickness or other disability of the Clerk or at the direction of the Clerk may perform the Clerk's duties. Such Deputy Clerks shall receive such compensation as the Village Board shall determine. (Ord 2000-13)
1.125 TREASURER, DUTIES. duties of the office of Village Treasurer of said Village shall be appointed by a majority vote of the Village Board of the Village of Big Bend Waukesha County Wisconsin. The Village Treasurer shall hold office for an indefinite term and shall be subject to removal as provided by law for officers appointed by the Village Board. vote, whether the office of Village Treasurer shall be a full time or a part time position and shall likewise determine the compensation to be paid therefore. provided by sec. 632.17(2) ,WI. Stats. the Treasurer. depository designated by the Board. When the money is deposited, the interest shall be paid into the Village treasury. specifying the number thereof, the payee and amount and the object of which drawn. to whom and for what purpose all payments are made, in books provided by the Village Board, and preserve all vouchers filed in the office. meeting prior to the annual election, and at all other times when required by the Village Board. office and all money on hand as Treasurer. which he or she shall file in the Clerk's office and perform the same duties as are by law conferred upon and required of Town Treasurers while acting in that capacity, and be subject to the same penalties and liabilities. The Village Board may specify additional dates on which the Village Treasurer shall pay to the appropriate School District Treasurer and Vocational, Technical and Adult Education District Treasurer the proportion of the district's levy that the general property taxes collected in the Village, except collections for state trust fund loans, state tax, state special charges and school district levies offset by school aid credits paid under )Wisconsin Statutes, up to the last day of the preceding month bears to the general property tax levy in the Village for all purposes except levies for state trust fund loans, state tax, state special charges and school district levies offset by school aid credits paid under 79.10(3) WI Stats. The Village Treasurer may make the payments required under this subsection without authorization by the Village Board. Board. (WI Stats, sec. 61.26)
1.126 Deputy Treasurer Duties. The Village Treasurer may appoint one or more Deputy Treasurers as authorized from time to time by the Village Board, subject to approval by the Village Board, who shall take and file the Oath of Office, and in case of absence, sickness or other disability of the Treasurer or at the direction of the Treasurer may perform the Treasurer's duties. Such Deputy Treasurer shall receive such compensation as the Village Board shall determine. (Ord. 2000-13)
1.13 Assessor Duties. code, subject to confirmation by two-thirds vote of all members of the Village Board and the Assessor shall hold office for an indefinite term subject to termination at any time as provided in sec 17.13 of the WI Stats. property in the Village liable to taxation, as prescribed by law. The assessor shall return the assessment roll to the Village Clerk at the same time and in the same manner in which town assessor are required to do so. The Assessors compensation shall be fixed by the Village Board. No person may assume the office of Assessor unless certified by the Department of Revenue under sec. 73.09, WI Stats, as qualified to perform the functions of the office of Assessor, (WI Stats. Sec 61.27) income and expense information pursuant to Sec 70.47(7)(af), WI Stats, or any information that is provided to the Assessor shall be held by the Assessor on a confidential basis, except, however, 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'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 Sec 70.45(7)(af), not subject to the right of inspection and copying under 19.35(1) WI Stats. (2000-03)
1.14 SALARIES OF VILLAGE BOARD MEMBERS. The Village President and of Trustees of the Village of Big Bend may by a three-fourths vote of all the members of the Village Board determine that an annual salary be paid the President and Trustees. Salaries heretofore established shall remain until changed by ordinance and shall not be increased or diminished during their terms of office. (WI Stats., Sec. 61.32) provided in full compensation for their services as such officers. Tuesday in April, 2003 and commencing the third Tuesday in April, 2004, the salary for Trustees shall be a base salary of $2,160 per year plus additional salary of $10.00 for attendance at each meeting of the Village Board standing committee or special committee created by the Village Board of which the Trustee is member. Notwithstanding the above, the Village Trustee’s salary for any year shall not exceed $2,700 per year. Village President shall be a base salary of $3,600 per year plus additional salary of $10.00 for attendance at each meeting of a Village Board standing committee or special committee created by the Village Board.
(Ord. 01-03) (Ord. 2002-11)
1.15. Trustee Not To Be Interested In Contracts. No Trustee shall in any manner, directly or indirectly, be interested in any contract with or work or labor done for or material furnished to the Village or to any one on it’s behalf. In case of a violation of this section, such Trustee or Officer shall forfeit not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00). But the provisions of this section shall not apply to the publication of legal notices required to be published by the Village, or by any Village Officer, at a rate not higher than that prescribed by law, nor to any contract not exceeding five thousand dollars ($5,000.00) in any one year. (WI. Stats. Sec. 946.13)
1.16. Board Of Review. The Board of Review shall consist of three citizen members appointed by the Village President and confirmed by the Village Board. The citizen members shall serve a term of one year commencing September 1st. The members of the Board of Review shall receive such compensation as determined by the Village Board. The Board of Review shall meet annually after the second Monday of May at the Village Hall or such other place designated by the Village Board. Meetings of the Board of Review shall be in conformity with Sec. 70.47 WI Stats.
1.17 Weed Commissioner. The Weed Commissioner of the Village of Big Bend shall be appointed by the Village President, in accordance with the provisions of the WI Stats. Sec 66.97; and his duties, in addition to those prescribed in sec 66.98 and any amendment supplementary thereto, shall be to enforce the provisions for the removal of grass, weeds and brush upon all real estate and streets within the Village.
1.18 Street Commissioner. the Village President and approved by the Village Board. The Commissioner shall be charged with ministerial and administrative functions to carry out the authority of the Village Board with respect to all streets, alleys, highways, sidewalks, crosswalks, ditches, drains, storm sewers, culverts, weed cutting, snow and ice removal, street lights, street numbering and street signs, except as otherwise provided by law or the Big Bend ordinances. following matters: the location plan and design of all ditches, culverts, sanitary sewers, drains, water mains, street lights, street signs and street numbering; the plans for patching and paving of streets, alleys and sidewalks; such other matters as the Village Board may refer to its attention from time to time.
1.19 Village Personnel. The Village Board shall have the authority to establish salaries and benefits for Village employees by contract or in such manner as determined by the Village Board.
1.20 Destruction Of Public Records. of obsolete records. WI Stats. Records Retention Schedule or required by Wisconsin Statutes, all records shall be retained at least seven years before destruction. prescribed in Subsection (3) above shall be listed in the Records Retention Schedule of the Village of Big Bend, which is adopted by reference as though fully set forth in this chapter. The official copy of the Records Retention Schedule shall be on file in the office of the Village Clerk, who shall keep the same current at all times by such revision as is required by additions, deletions, and amendments adopted by the Village Board by ordinance from time to time. pursuant to this section, the legal custodian shall notify the State Historical Society of Wisconsin in writing, unless the State Historical Society has waived notice for the type of records to be destroyed as indicated in the Records Retention Schedule. 1. Each elected or appointed official is the legal custodian of his or her records and the records of his or her office, but the official may designated the Village Clerk to act as the legal custodian. 2. Unless provided in Subsection (3), the Village Clerk or the Village Clerk's designee shall act as legal custodian for the Village and for any committees, commissions, boards, or other authorities created by Ordinance or resolution of the Village Board. The following offices or authorities shall have as a legal custodian of records the individuals so named: Authority Designated Legal Custodian General Village Records Village Clerk (including Board Records) Department of Public Works Superintendent of Public Works Police Department Chief of Police 3. For every authority not specified in Subsections (1) and (2), the authority's chief administrative officer is the legal custodian for the authority, but the officer may designate an employee of his or her staff to act as the legal custodian. 4. Each legal custodian shall name a person to act as legal custodian in his or her absence, or in the absence of his or her designee, and each legal custodian shall send notice of the designated deputy to the Village Clerk. 5. The Village Clerk shall establish criteria for establishing the records system and shall cause the department/office records system to be reviewed on an annual basis. (Ord 2010-05; 5-6-10) MUNICIPAL COURT provisions of Chapter 755 of the WI Stats to be designated as "Municipal Court for the Village of Big Bend". Said Court shall become operative and functional on January 1, 1997. Judge, who resides in the Village of Big Bend. Such Municipal Judge shall be elected at large in the Spring Election for a term of four(4) years commencing on May 1. All candidates for the position of Municipal Judge shall be nominated by nomination papers as provided in Sec. 8.11, WI. Stats. and selected at a primary election, if such is held,, as provided in Section 8.11, Wis. Stats. The Village Board shall provide for a primary election in the event that more than two candidates file nomination papers for such position of Municipal Judge as provided in Sec. 8.11(1) (a) WI. Stats. and such primary election shall be on the third Tuesday of February as provided in Sec. 5.02(22) WI. Stats. 5.60 (2) I 7.10 (1)(a) I 7.60(4)(a) and 8.10(6)(a) I WI Stats. to provide for the election of a Municipal Judge under Sec 755.01(4) . the official oath as prescribed in Sec 757.02(1), WI. Stats. and at the same time execute and file an official bond in the amount of $5,000.00. The Judge shall not act until the oath and bond have been filed as required by Sec 19.01(4) (c), WI. Stats. and the requirements of Sec 755.03(2) have been complied with. lieu of fees and costs. No salary shall be paid for any time during the term during which such Judge has not executed the official bond or official oath, as required by Sec 755.03, WI Stats, and filed pursuant to Sec 19.01(4)(c), WI. Stats. 6. Jurisdiction. The Municipal Judge of the Municipal Court shall have such jurisdiction as provided in Sec 755.045 and 755.05 WI. Stats., and as otherwise provided by State law. The Municipal Court may exercise jurisdiction over incidents occurring on or after passage of the ordinance creating the Court. The Municipal Judge may issue civil warrants to enforce matters under the jurisdiction of the Municipal Court under Sec 755.045(2), 66.122, and 66.123, WI. Stats. The Municipal Court has jurisdiction over juvenile offenders upon enactment of an ordinance under the authority of Sec 938.17(2)(cm), WI Stats. the Municipal Judge.
Chapter 800, WI. Stats. and as provided in the ordinance of the Village of Big Bend. All forfeitures, fees, penalty assessments and costs shall be paid to the Treasurer within seven days after receipt of the money by the Municipal Court or other Court personnel. At the time of the payments, the Municipal Judge shall report to the Clerk the title of action, the offense for which a forfeiture was imposed, and the total amount of forfeiture, fees, penalty assessment and costs, if any. 9. Contempt Procedure. of Court, as defined in Sec. 785.01(1), WI. Stats., in accordance with the procedures under Sec. 785.03, WI. Stats. an amount not to exceed fifty ($50) dollars or, upon nonpayment of the forfeiture and the penalty assessment under Sec 165.87, WI Stats., a jail sentence not to exceed seven (7) days. Village Board for approval in accordance with Sec 800.03(3), WI. Stats., a schedule of deposits for violations of the Village ordinances, resolutions and bylaws. Wisconsin Judicial Conference and the procedures set forth in Chapter 23 and 345, WI. Stats., shall apply to stipulations and deposits for violation of traffic regulations enacted in accordance with Sec 345.27 and boating regulations enacted in accordance with Sec 30.77, WI. Stat. Village ordinance, resolutions or bylaws or violations of traffic or boating regulations for which a deposit has been established, shall be permitted to make a stipulations of no contest and a deposit in lieu of Court appearance as provide in Sec 800.03, Sec 800.04 and Sec 800.09 WI Stats. (Ord. 96-7) incorporated herein by reference just as though fully set forth herein. Court assigned to exercise jurisdiction to impose any and all of the dispositions specified under Sec 938.348 and 938.344, WI Stats. The Municipal Court is further authorized to impose or petition the court assigned to exercise jurisdiction to impose all sanctions specified under Sec 938.355(6)(d), WI Stats. (Ord.96) conformity with Sec 347.48(2)(m), the Municipal Judge shall collect a fee of twenty-three ($23.00) dollars on each separate matter, whether it is on default of appearance, a plea of guilty or no contest, an issuance of warrant or summons or the action is tried as a contested matter. (Ord.97-5). additional cost on a party before a Municipal Court, fees and costs directly chargeable to the Village as a disbursement, such as service of process, hospital blood test and jail costs. |