Jefferson City Municipal Code
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1.01 Form of Government
1.02 Elected Officials
1.03 Appointed Officials
1.04 Boards and Commissions
1.05 Registration of Electors
1.06 Residence Requirements
1.07 Public Records
1.08 Designated Nonsmoking Areas
1.09 Municipal Court
GENERAL GOVERNMENT 1.01
1.02 ELECTED OFFICIALS. (1) MAYOR AND ALDERPERSONS. (Am. #20-87)(Am. #12-94) (a) Election and Term. The Mayor shall be elected in even numbered years for a term of 2 years. One alderperson shall be elected from each of the four aldermanic districts and four alderpersons shall be elected at-large, for two year terms. The election for ALDERMANIC Districts A and C and two at-large will be held in even years, and the election for Aldermanic Districts B and D and two at-large will be held on odd years. Such terms shall commence as provided by law.
(2) MUNICIPAL JUDGE. (Cr. #21-87) (Am. #3-93) (a) Election Term and Salary. The Municipal Judge shall be elected in even numbered years for a term of 2 years. Effective January 1, 1993, the Municipal Judge shall be paid an annual salary of $6,000.
1.03 APPOINTED OFFICIALS. (Am. #13-77) (1) APPOINTMENT AND TERM. The following officials shall be appointed in the manner and for the term indicated:
OFFICIAL HOW APPOINTED TERM
Administrator/ See Sub. (3)(b) Indefinite
Assessor City Council (Ch. Ord. 17-84) 2 Years
Attorney City Council 1 Year
Building Inspector Mayor, subject to confirmation by Council 1 Year
Director of Public Works Mayor, subject to confirmation by Council 1 Year
Emergency Government Mayor, subject to confirmation by Council 1 Year
Engineer City Council 1 Year
Forester Mayor, subject to confirmation by Council 1 Year
Health Officer Mayor, subject to confirmation by Council 1 Year
Plumbing Inspector Mayor, subject to confirmation by Council 1 Year
Recreation Director Mayor, subject to confirmation by Council 1 Year
Sewage Treatment Plant Mayor, subject to confirmation by Council 1 Year
Street Foreman Mayor, subject to confirmation by Council 1 Year
Superintendent of Utilities Utilities Commission Indefinite
Weed Commissioner Mayor, subject to confirmation by Council 1 Year
GENERAL GOVERNMENT 1.03(2)
(c) The Director shall have charge of and be responsible for the care, maintenance and operation of the streets and sidewalks and drainage thereof. All construction, repaired or extension of any pavement, building and all other construction, repair or maintenance work conducted by the City shall be done by or under the supervision of the Director of Public Works unless specific direction to the contrary is made by the City Council.
(d) The Director of Public Works shall also have charge of and be responsible for the condition of all motor vehicles, trucks, and other equipment of the City except vehicles operated by the Police and Fire Departments, and shall be responsible for all buildings or places in which such equipment is housed or kept.
1.03(3) CITY ADMINISTRATOR. (Am. #6-98) (a) Office Created. The Office of City Administrator is hereby created.
(c ) Duties. 1. The Administrator shall carry out the duties as they are set forth by City ordinance, and in accordance with such instructions as may be issued by the Council, in addition to other duties as are assigned herein, and he/she shall be responsible for carrying out the directives and policies of the Mayor and Council, subject to statutory limits which may apply. The Administrator shall have clear authority to administer the day-to-day operations of the City government subject only to the restrictions noted above,
b. Be responsible for preparation of the annual City budget, in accordance with such guidelines as may be provided by the Common Council; and in coordination with all Department heads, the Committee of Finance, and the Mayor. This budget shall be submitted to the Common Council for approval on a date set by the Council;
c. Keep informed concerning developments in the field of Municipal administration and, from time to time, submit recommendations or suggestions to improve the Municipal government;
d. Keep informed concerning current state and federal legislation affecting the City of Jefferson, and submit appropriate reports and recommendations to the Common Council;
e. Keep informed concerning the availability of State and federal funds for local programs, and assist Department heads and the Common Council in procuring such funds;
GENERAL GOVERNMENT 1.03(3)(f)
g. Be responsible for the administrative direction and coordination of ail professional employees of the City of Jefferson, to include the Director of Public Works, City Clerk/Treasurer, Assessor, Building Inspector, City Attorney, Health Officer, Public Welfare Director, Chief of Police, Fire Chief, Librarian, and Parks, Recreation & Forestry Director;
h. Serve as a personnel officer for the Municipal government. As such, he or she shall see that complete and up-to-date personnel records, to include specific job descriptions for all City employees are kept. He or she shall in conjunction with Department heads evaluate personnel performances on a regular basis, recommend salary and wage scales for City employees not covered by collective bargaining agreements; develop and enforce high standards of performance by City employees; assure that all City employees have proper working conditions; work closely with Department heads to promptly resolve any personnel problems or grievances;
i. Work closely with all Department heads to assure that such personnel and other City employees receive adequate opportunities for training to improve their knowledge and skills; and, act as the approving authority for all requests by City employees to attend conferences, meetings, training schools, etc. pertaining to their employment;
j. In coordination with the Mayor, set the agenda for all meetings of the Common Council, together with such supporting data as may be required. Nothing herein shall be so construed as to give the City Administrator authority to limit or in any way prevent matters from being considered by the Council;
k. To assist the Mayor as required in the performance of his duties;
1. Meet regularly with the Mayor to keep him currently informed about the activities of the Administrator's Office;
m. Keep the Common Council currently informed about the activities of the Administrator's Office, either by written report or oral briefings at regular meetings of the Council,
n. Keep informed concerning current developments pertinent to the responsibilities of the City Plan Commission, advise the Mayor and the Common Council on matters before this body; and serve as secretary of the Plan Commission;
o. Serve as purchasing agent for the City, supervising all purchasing and contracting for supplies and services in conjunction with the Purchasing Committee;
p. Establish procedures to facilitate communications between citizens and the Municipal Government to assure that complaints, grievances, recommendations, and other matters receive prompt attention by a responsible official; and to assure that all such matters are expeditiously resolved;
q. Act as Press Officer for the City. As such he or she shall be the principal spokesperson on all matters within his or her authority and responsibility; and shall assure that the news media are kept fully informed about the operations of the City Government.
r. All officers and employees of the City Hall shall cooperate with and assist the City Administrator so that the municipal Government shall function efficiently and harmoniously.
GENERAL GOVERNMENT 1.03(4)
(c ) Duties. The City Clerk/Treasurer shall carrying out the duties of City Clerk and City Treasurer as they are set forth by statute, by City Ordinance, and in accordance with such instructions as may be issued by the Common Council, in addition to such other duties as are assigned herein.
b. Supervise the complete accounting systems of all City departments and insure that such systems employ the most modern methods possible within financial limitations;
c. Be responsible for the employment, training, direction, and supervision of all clerical and custodial personnel assigned to the Municipal government;
d. In coordination with the City Administrator, prepare the agenda for all meetings of the Common Council, together with such supporting data as may be required. Nothing herein shall be so construed as to give the City Clerk/Treasurer authority to limit or in any way prevent matters from being considered by the Council;
e. Attend all meetings of the Common Council, keep detailed minutes of all such meetings; and assure that proper records of all Council meetings are maintained;
f. Provide professional staff support to the City Administrator, City Council, and Council committees;
g. manage the City Hall Administrative Office;
h. Perform and/or supervise such areas as: City recordkeeping; City Council proceedings; elections; collection of taxes; fiscal processing; administrative functions as personnel and benefit administration; assisting City Administrator with annual budget preparation and monitoring; permit and license processing; investment monitoring; and City newsletter preparation and distribution.
(d) Deputy Clerk/Treasurer. The Common Council may appoint one or more Deputy Clerk/Treasurers to whom the City Clerk/Treasurer may delegate any of the foregoing duties, and may act in the absence of the City Clerk/Treasurer.
1.04 BOARDS AND COMMISSIONS. (AM. #25-80) (1) BOARD OF PUBLIC WORKS COMMITTEE. (REP. #1-87)
GENERAL GOVERNMENT 1.04(2)(b)
(c) Compensation. The members of the Board of Review shall be compensated at $15 per day for each day on which the Board of Review is in session and they are in attendance.
(3) PLAN COMMISSION. (Rep. & Recr. #7-72) (a) Composition. (Am. #1-87) The City Plan Commission shall consist of the Mayor who shall be its presiding officer, the City Engineer, Chairman of the Parks and Recreation Commission, an alderman and 3 citizens. Citizen members shall be persons of recognized experience and qualifications.
(c) Compensation; Removal; Official Oath. The members shall serve without compensation and shall be removable by the Mayor for cause, upon written charges and after a public hearing. Citizen members shall take the official oath required by (SS)19.01, Wis.. Stats., which shall be filed with the City Clerk.
(d) Powers and Duties. The Plan Commission shall have the powers and duties prescribed in (SS)62.23, Wis. Stats., and all legislative enactments, amendatory thereof or supplementary thereto, and such other powers and duties as shall be vested in them from time to time by law or the Council.
(e) Employees; Record of Proceedings. The Council shall provide a secretary and other employees, when necessary, and the Plan Commission shall keep a written record of its proceeding to include all actions taken, a copy of which shall be filed with the City Clerk.
(f) Quorum. Four members shall constitute a quorum, but all action shall require the affirmative approval of a majority of the members.
(g) Rules of Procedure; Reports. The Plan Commission may adopt rules governing its own proceedings. The Commission at or before its first regular meeting in February of each year shall make a full report in writing to the Council of its actions and expenditures, if any, for the preceding year, with such general recommendations as to matters covered by its prescribed duties and authority as may to it seem proper.
(4) BOARD OF ZONING APPEALS. (Am. #11-81) The Board of Zoning Appeals shall be appointed pursuant to (SS)62.23(7)(e), Wis. Stats., and shall have the powers and duties prescribed thereunder. The term of office of each member of the Board of Zoning Appeals shall begin on May 1.
(5) POLICE AND FIRE COMMISSION., (a) Composition. The Police and Fire Commission shall consist of 5 citizens, one of whom shall be appointed annually by the Mayor, subject to confirmation by the Council, for a term of 5 years beginning on May 1. No more than 3 members of the Commission shall belong to the same political party.
(c) Rules and Regulations. The Police and Fire Commission shall from time to time make such rules and regulations as it may deem necessary to perform and execute the duties and powers herein vested in such Board.
GENERAL GOVERNMENT 1.04(5)(d)-cont.
(6) BOARD OF HEALTH. The City Council shall constitute the Board of Health.
(7) PARKS AND RECREATION COMMISSION. (Rep. & Recr. #1-87) (a) Composition. The Parks and Recreation Commission shall be comprised of 7 members. All members shall be residents of the City, one of which shall be a member of the City School Board or a City School District Administrator or his representative.
(c) Powers and Duties. The Parks and Recreation Commission shall serve as an advisory Commission to the City Council, advising the Council on all matters pertaining to parks, recreation and forestry. Areas of responsibilities shall include, but not limited to:
2. The development of policies, procedures, rules and regulations pertaining to the use of public parks, City sponsored recreation programs and forestry.
3. The development of the annual operating and capital budgets for parks, recreation, Aquatic Center and forestry.
4. The development of a broad variety of recreational programs and services to meet the needs and demands of the community.
5. The development of a master plan for the City's park system.
6. Advising the Council on issues of land acquisition and leasing and/or land sales or exchanges affecting the City's park system.
7. Advising the Council on levels of staffing.
(8) BOARD AND PARK COMMISSIONERS. (Rep. #1-87)
(9) LIBRARY BOARD. The Library Board shall be appointed pursuant to (SS)43.54, Wis. Stats.
(10) MUSEUM BOARD. The Museum Board shall consist of 4 citizens and 3 aldermen. The 4 citizens shall be appointed for terms of 3 years commencing on May 1. Two such members shall be appointed in one year and one in each of the succeeding years. The aldermen shall be appointed by the Mayor subject to confirmation by the City Council for one year terms. All terms shall commence on May 1.
(11) VOCATIONAL SCHOOL COMMITTEE. The Vocational School Committee shall consist of the City Clerk, 2 aldermen and one member of the Board of Education, appointed by the Mayor, subject to confirmation by the City Council for terms of one year.
(12) UTILITY COMMISSION. See Section 13.01 of this Municipal Code.
1.05 REGISTRATION OF ELECTORS. Pursuant to (SS)6.27, Wis. Stats., any elector offering to vote at an election held in the City shall have previously registered with the City Clerk.
GENERAL GOVERNMENT 1.07
(c) Record. Any material on which written, drawn, printed, spoken, visual, or electromagnetic information is recorded or preserved, regardless of physical form or characteristics, which has been created or is being kept by an authority. Record includes, but is not limited to, handwritten, typed or printed pages, maps, charts, photographs, films, recordings, tapes (including computer tapes) and computer printouts. Record does not include drafts, notes, preliminary computations and like materials prepared for the originator's personal use or prepared by the originator in the name of a person for whom the originator is working; materials which are purely the personal property of the custodian and have no relation to his or her office; materials to which access is limited by copyright, patent or bequest; and published materials in the possession of an authority other than a public library which are available for sale, or which are available for inspection at a public library.
(2) DUTY TO MAINTAIN RECORDS (a) Except as provided under sub. (7), each officer and employee of the City shall safely keep and preserve all records received from his or her predecessor or other persons and required by law to be filed, deposited or kept in his or her office or which are in the lawful possession or control of the officer or employee or his or her deputies, or to the possession or control of which he/she or they may be lawfully entitled as such officers or employees.
(3) LEGAL CUSTODIANS. (a) Each elected official is the legal custodian of his/her records and the records of his/her office, but the official may designate an employee of his/her staff to act as the legal custodian.
(c) For every authority not specific in pars. (a) or (b), the authority's chief administrative officer is the legal custodian for the authority, but the officer may designate an employee of his/her staff to act as the legal custodian.
(d) Each legal custodian shall name a person to act as legal custodian in his or her absence or the absence of his or her designee.
(4) PUBLIC ACCESS TO RECORDS. (a) Except as provided in sub. (6), any person has a right to inspect a record and to make or receive a copy of any record as provided in (SS)19.35(1), Wis. Stats.
GENERAL GOVERNMENT 1.07(4)(d)
(e) The legal custodian may require supervision during inspection or may impose other reasonable restrictions on the manner of access to an original record if the record is irreplaceable or easily damaged.
(f) A requester shall be charged a fee to defray the cost of locating and copying records as follows:
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 audio tapes 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, 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 assure payment, if such estimate exceeds $5.
7. Elected and appointed officials of the City 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 or she determines that waiver or reduction of the fee is in the public interest.
(g) Pursuant to (SS)19.34, Wis. Stats., and the guidelines therein listed, each authority shall adopt, prominently display and make available for inspection and copying at its offices, for the guidance of the public, a notice containing a description of its organization and the established times and places at which, the legal custodian from whom, and the methods whereby, the public may obtain information and access to records in its custody, make requests for records, or obtain copies of records and the costs thereof. This subsection does not apply to members of the City Council.
(5) ACCESS PROCEDURES. (a) A request to inspect or copy a record shall be made to the legal custodian. A request shall be deemed sufficient if it reasonably describes the requested record or the information requested. However, a request for a record without a reasonable limitation as to subject matter or length of time represented by the records does not constitute a sufficient request. A request may be made orally, but a request must be in writing before an action to enforce the request is commenced under (SS)19.37, Wis. Stats. Except as provided below, no request may be refused because the person making the request is unwilling to be identified or to state the purpose of the request. No request may be refused because the request is received by mail, unless prepayment of a fee is required under sub. (4)(f)6. A requester may be
required to show acceptable identification whenever the requested record is kept at a private residence or whenever security reasons or federal law or regulation so require.
GENERAL GOVERNMENT 1.07(5)(c)
(6) LIMITATIONS ON RIGHT TO ACCESS. (a) As provided by (SS)19.36, Wis. Stats., the following records are exempt from inspection under this section:
2. Any record relating to investigative information obtained for law enforcement purposes if federal law or regulations require exemption from disclosure or if exemption from disclosure is a condition to receipt of aids by the State.
3. Computer programs, although the material used as input for a computer program or the material produced as a product of the computer program is subject to inspection.
4. A record or any portion of a records containing information qualifying as a common law trade secret.
(b) As provided by (SS)43.30, Wis. Stats., public library circulation records are exempt from inspection under this section.
(c) In responding to a request for inspection or copying of a record which is not specifically exempt from disclosure, the legal custodian, after conferring with the City Attorney, may deny the request, in whole or in part, only if he or she determines that the harm to the public interest resulting from disclosure would outweigh the public interest in full access to the requested record. Examples of matters for which disclosure may be refused include, but are not limited to, the following:
2. Records of current deliberations after a quasi-judicial hearing.
3. Records of current deliberations concerning employment, dismissal, promotion, demotion, compensation, performance, or discipline of any City office or employee, or the investigation of charges against a City Officer or employee, unless such officer or employee consents to such disclosure.
4. Records concerning current strategy for crime detection or prevention.
5. Records of current deliberations or negotiations on the purchase of the City property, investing of City funds or other City business whenever competitive or bargaining reasons require nondisclosure.
6. Financial, medical, social or personal histories or disciplinary data of specific persons which, if disclosed, would be likely to have a substantial adverse effect upon the reputation of any person referred to in such history data.
7. Communications between legal counsel for the City and any officer, agent or employee of the City, when advice is being rendered concerning strategy with respect to current litigation in which the City or any of its officers, agents or employees is or is likely to become involved, or communications which are privileged under (SS)905.03, Wis. Stats.
GENERAL GOVERNMENT 1.07(6)(d)
(7) DESTRUCTION OF RECORDS. (a) City officers may destroy all non-utility financial records of which they are the legal custodians and which are considered obsolete, after completion of any required audit by the Bureau of Municipal Audit or an auditor licensed under Ch. 442, Wis. Stats., but not less than 7 years after payment or receipt of any sum involved in the particular transaction, unless a shorter period has been fixed by the State Public Records Board pursuant to (SS) 16.61 (3)(e), Wis. Stats., and then after such a shorter period.
(c) City officers may destroy all records of which they are the legal custodian and which are considered obsolete, but not less than 7 years after the record was effective unless another period has been set by statute, and then after such a period, or unless a shorter period has been fixed by the State Public Records Board pursuant to (SS)16.61 (3)(e), Wis. Stats., and then after such a shorter period.
(d) Unless notice is waived by the State Historical Society, at least 60 days notice shall be given the State Historical Society prior to the destruction of any record as provided by (SS)19.21(4)(a), Wis. Stats.
(e) Any tape recordings of a governmental meeting of the City may be destroyed, erased or reused no sooner than 90 days after the minutes of the meeting have been approved and published, if the purpose of the recording was to make minutes for the meeting.
(8) PRESERVATION THROUGH MICROFILM. Any City officer or the director of any department or division of City government may, subject to the approval of the City Council, keep and preserve public records in his or her possession by means of microfilm or other photographic reproduction method. Such records shall meet the standards for photographic reproduction set forth in (SS)16.61(7)(a) and (b), Wis. Stats., and shall be considered original records for all purposes. Such records shall be preserved along with other files of the department or division and shall be open to public inspection and copying through accordance to the provisions of State law and of subs. (4) through (6) of this Section.
1.08 DESIGNATED NONSMOKING AREAS. (Rep. & Recr. #20-90) All areas within the Municipal Building are designated nonsmoking areas.
1.09 MUNICIPAL COURT. (Cr. #17-93). (1) MUNICIPAL COURT CREATED. There is hereby created and established in a Municipal Court under the provisions of Chapter 755 of the Wisconsin Statutes to be designated as "Municipal Court for Central Jefferson County" which shall consist of the City of Jefferson, the Village of Johnson Creek, and the Town of Aztalan.
GENERAL GOVERNMENT 1.09(2)-cont.
(3) ELECTIONS. The Municipal Clerk of each municipality shall see to the compliance with (SS) 5.58(1c), 5.60(1)(b), 5.60(2), 7.10(1)(a), 7.60(4)(a) and 8.10(6)(a) Wis. Stats., to provide for the election of a Municipal Judge under (SS) 755.01(4).
(4) OATH AND BOND. The Judge shall, after election or appointment to fill a vacancy, take and file the official oath as prescribed in (SS) 757.02(1), Wis. Stats., and at the same time execute and file an official bond as required by statute. The Judge shall not act until the oath and bond have been filed as required by (SS) 19.01(4)(c) Wis. Stats., and the requirements of (SS) 755.03(2) have been complied with.
(5) SALARY. (Am. #32-97)The salary of the Municipal Judge shall be fixed by the Common Council of the City of Jefferson, the Village Board of Johnson Creek, and the Town Board of the Town of Aztalan at $6,000 per year which shall be in 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 (SS) 755.03, Wis. Stats., and filed pursuant to (SS) 19.01(4)(c) Wis. Stats. The municipalities may by separate ordinance allocate funds for the administration of the Municipal Court pursuant to (SS) 66.30 Wis. Stats. For the term ending April 30, 2000, the Village of Johnson Creek shall tender the sum of $4,500 per year, commencing May 1, 1998, and annually thereafter to the City of Jefferson. The Town of Aztalan shall tender $5 per case administered to the City of Jefferson. City of Jefferson shall pay the Municipal Judge's salary as set forth above. The City of Jefferson shall pay the Municipal Clerk's salary as budgeted from time to time.
(6) JURISDICTION. The Municipal Judge of the Municipal Court shall have such jurisdiction as provided by (SS). 755.045 and 755.05 Wis. Stats., and as otherwise provided by State Law.
(7) HOURS. The Municipal Court shall be open at such location and at such times as determined by the Municipal Judge.
(8) FORFEITURES. The Municipal Judge may impose punishment and sentences as provided by Chapter 800 Wis. Stats., and as provided in the ordinances of the City of Jefferson, the Town of Aztalan, and the Village of Johnson Creek. All forfeitures, fees, penalty assessments and costs shall be paid to the Treasurer of the Municipality within which the case arose within 7 days after receipt of the money by the Municipal Judge or other court personnel. At the time of the payment, the Municipal Judge shall report to the Treasurer the title of the action, the offense for which the forfeiture was imposed, and the total amount of the forfeiture, fees, penalty assessment and costs, if any.
(9) CONTEMPT PROCEDURE. (a) The Municipal Judge may impose a sanction authorized under (SS) 800.12(2) for contempt of court, as defined in (SS) 785.01(1) Wis. Stats., in accordance with the procedures under (SS) 785.03 Wis. Stats.
(10) ABOLITION. The Municipal Court hereby established shall not be abolished while the (SS) 755.01(4) agreement is in effect.
GENERAL GOVERNMENT 1.09(11)
(11) TEMPORARY APPOINTMENT - JUDGE. The City of Jefferson and Town of Aztalan hereby, pursuant to (SS) 17.245, and/or 755.01(4) Wis. Stats., appointed a Municipal Judge. The municipal court with the City of Lake Mills, shall, as required by (SS) 755.01(4) Wis. Stats., continue to participate therein, until such time as its present municipal court judge's term expires, April 30, 1994. On May 1, 1994, the duly elected Municipal Judge shall take office and preside over the unified courts of the City of Jefferson, the Village of Johnson Creek, and the Town of Aztalan.