60.32360.323 Compensation when acting in more than one official capacity. Except for offices combined under s. 60.305, no town may compensate a town officer for acting in more than one office of the town at the same time. 60.323 HistoryHistory: 1983 a. 532; 2001 a. 16. 60.3360.33 Duties of town clerk. The town clerk shall: 60.33(1)(1) Clerk of town meeting. Serve as clerk of the town meeting under s. 60.15. 60.33(2)(a)(a) Serve as clerk of the town board, attend meetings of the board and keep a full record of its proceedings. 60.33(2)(b)(b) File all accounts approved by the town board or allowed at town meetings and enter a statement of the accounts in the town’s record books. 60.33(3)(3) Finance book. Maintain a finance book, which shall contain a complete record of the finances of the town, showing the receipts, with the date, amount and source of each receipt; the disbursements, with the date, amount and object of each disbursement; and any other information relating to town finances prescribed by the town board. 60.33(4)(a)(a) Perform the duties required by chs. 5 to 12 relating to elections. 60.33(4)(b)(b) Transmit to the county clerk, within 10 days after election or appointment and qualification of any town supervisor, treasurer, assessor or clerk, a written notice stating the name and post-office address of the elected or appointed officer. The clerk shall promptly notify the county clerk of any subsequent changes in such offices. 60.33(4)(c)(c) Transmit to the clerk of circuit court, immediately after the election or appointment of any constable or municipal judge in the town, a written notice stating the name of the constable or municipal judge and the term for which elected or appointed. If the judge or constable was elected or appointed to fill a vacancy in the office, the clerk shall include in the notice the name of the incumbent who vacated the office. 60.33(5)(5) Sale of real property. Execute the conveyance of real property of the town. 60.33(6)(a)(a) Publish or post ordinances and resolutions as required under s. 60.80. 60.33(7)(b)(b) Demand and obtain the official books and papers of any municipal judge if the office becomes vacant and the judge’s successor is not elected or appointed and qualified, or if any municipal judge dies. The town clerk shall dispose of the books and papers as required by law. 60.33(8)(8) Licenses. Issue any license or permit granted by the town board when presented with a receipt from the town treasurer indicating that any required fee has been paid. 60.33(8m)(8m) Street trade permits. Stamp or endorse street trade permits at the request of an employer under s. 103.25 (3m) (b). 60.33(8p)(8p) Traveling sales crew worker permits. Stamp or endorse traveling sales crew worker permits at the request of an employer under s. 103.34 (11) (c). 60.33(9)(a)(a) Perform the clerk’s duties under chs. 115 to 121, relating to public instruction. 60.33(9)(b)(b) Within 10 days after the clerk’s election or appointment, report his or her name and post-office address to the administrator of each cooperative educational service agency which contains any portion of the town. The clerk shall report to the administrator the name and post-office address of each school district clerk within 10 days after the name and address is filed in the clerk’s office. 60.33(9)(c)(c) Make and keep in the clerk’s office a map of the town, showing the exact boundaries of school districts within the town. 60.33(9)(d)(d) Apportion, as provided by law, tax revenues collected by the town for schools. 60.33(10)(10) Highways and bridges. Perform the duties specified in chs. 82 to 92, relating to highways, bridges and drains. 60.33(10m)(10m) Notice of property tax revenue. Notify the treasurer of the county in which the town is located, by February 20, of the proportion of property tax revenue and of the credits under s. 79.10 that is to be disbursed by the taxation district treasurer to each taxing jurisdiction located in the town. 60.33(10p)(10p) Claims in towns containing state institutions. Make a certified claim against the state, without direction from the board, in all cases in which the reimbursement is directed in s. 16.51 (7), upon forms prescribed by the department of administration. The forms shall contain information required by the clerk and shall be filed annually with the department of corrections on or before June 1. 60.33(11)(11) In general. Perform all other duties required by law, ordinance or lawful direction of the town meeting or town board. 60.33 NoteNOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes. 60.33 AnnotationThe offices of president of a common school district board and chairperson of a town board within the school district and the offices of school board member and town clerk are probably compatible. 74 Atty. Gen. 50. 60.33160.331 Deputy town clerk. Each town clerk may appoint one or more deputies for whom the town clerk is responsible. A deputy shall take and file the official oath and bond under s. 60.31. The town clerk may designate a deputy to perform the clerk’s duties during the absence, sickness or other disability of the clerk. 60.331 HistoryHistory: 1983 a. 532. 60.3460.34 Duties of town treasurer. The town treasurer shall: 60.34(1)(1) Receive and disburse town money. 60.34(1)(a)(a) Except as provided in s. 66.0608 (3m), receive and take charge of all money belonging to the town, or which is required by law to be paid into the town treasury, and disburse the money under s. 66.0607. 60.34(1)(b)(b) Keep an itemized account of all moneys received and disbursed, specifying the source from which it was received, the person to whom it was paid and the object for which it was paid. The treasurer shall issue numbered receipts for all funds received. At the request of the town board, the treasurer shall present the account books, and any supporting documents requested, to the board. 60.34(2)(a)(a) Deposit as soon as practicable the funds of the town in the name of the town in the public depository designated by the town board. Failure to comply with this paragraph is grounds for removal from office. 60.34(2)(b)(b) When money is deposited under par. (a), the treasurer and the treasurer’s sureties are not liable for any loss as defined in s. 34.01 (2). The interest arising from the money deposited shall be paid into the town treasury. 60.34(3)(3) Records. Comply with subch. II of ch. 19 concerning records of which the treasurer is legal custodian. 60.34(4)(4) Taxes. Perform all of the duties relating to taxation required of the town treasurer under chs. 70 to 79. 60.34160.341 Deputy town treasurer. Each town treasurer may appoint a deputy for whom the treasurer is responsible. The deputy shall take and file the official oath and bond under s. 60.31. In case of the absence, sickness or other disability of the treasurer, the deputy shall perform the treasurer’s duties. 60.341 HistoryHistory: 1983 a. 532. 60.3560.35 Duties of town constable. 60.35(1)(1) A town constable shall perform the duties established by the town board under s. 60.22 (4). 60.35(2)(2) A town constable shall keep his or her office in the town. No constable who keeps his or her office outside the limits of the town may receive fees for any service performed. 60.35 HistoryHistory: 1983 a. 532. 60.35160.351 Town constable fees. 60.351(1)(1) Town constables shall collect the fees prescribed for sheriffs in s. 814.70 for similar services, unless a higher fee is applicable under s. 814.705 (1) (d). 60.351(2)(2) If any person except a party to an action performs the services of a town constable, the person shall collect the fees to which the town constable would be entitled. 60.351(3)(3) No town constable may serve or execute any summons, writ or process in any action or proceeding in which he or she is agent or attorney for the plaintiff or if he or she is interested in the collection of any claim which is the subject of the action or proceeding. A town constable may not recover any costs, fees or expenses, nor may any costs or fees be taxed for any services rendered in violation of this subsection. 60.3660.36 Municipal judge. The town board may provide for the election of a municipal judge under ch. 755. 60.36 HistoryHistory: 1983 a. 532. 60.3760.37 Town employees. 60.37(1)(1) General. The town board may employ on a temporary or permanent basis persons necessary to carry out the functions of town government including, subject to sub. (4), any elected officer of the town. The board may establish the qualifications and terms of employment, which may not include the residency of the employee, except as provided in s. 66.0502 (4) (b). The board may delegate the authority to hire town employees to any town official or employee. 60.37(2)(2) Legal assistance. The town board may designate, retain or employ one or more attorneys on a temporary or continuing basis to counsel the town on legal matters or represent the town in legal proceedings. 60.37(3)(a)(a) The town board may create the position of town administrator and establish the qualifications, compensation and terms of employment for the position. The town administrator may be employed to serve at the pleasure of the town board or for a fixed term. If employed for a fixed term, the town board may suspend or remove the town administrator for cause. 60.37(3)(b)(b) The town administrator shall perform all lawful duties assigned by the town board which do not conflict with duties and powers conferred by law on other town officers. 60.37(3)(c)(c) No elected town officer may serve as town administrator. 60.37(3)(d)(d) A town may join with one or more towns, villages or cities, in any combination, to employ a person as administrator for the towns, villages or cities. The governing body of each town, village and city may enter into an agreement for this purpose, which may include agreement to share the costs of the position. The town board may not enter into an agreement under this paragraph to employ an administrator for more than 3 years unless the town meeting approves the agreement. 60.37(4)(4) Elected officers serving as employees. 60.37(4)(a)(a) An elected town officer who also serves as a town employee may be paid an hourly wage for serving as a town employee, not exceeding a total of $15,000 each year. Amounts that are paid under this paragraph may be paid in addition to any amount that an individual receives under s. 60.32 or as a volunteer fire fighter, emergency medical services practitioner, or emergency medical responder under s. 66.0501 (4) (a). The $15,000 maximum in this paragraph includes amounts paid to a town board supervisor who is acting as superintendent of highways under s. 82.03 (1). 60.37(4)(b)1.1. Except as provided in subd. 2., the town meeting shall establish the hourly wage to be paid an elected town officer for serving as a town employee. 60.37(4)(b)2.2. If authorized by the town meeting under s. 60.10 (2) (L), the town board may establish the hourly wage to be paid an elected town officer, other than a town board supervisor, for serving as a town employee. 60.37 NoteNOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes. FINANCE
60.4060.40 Preparation and adoption of budget. 60.40(1)(1) Fiscal year; annual budget. The town fiscal year is the calendar year. A town budget shall be adopted annually. 60.40(2)(2) Preparation. The town board is responsible for preparation of the proposed budget required under s. 65.90. In preparing the budget, the town board may provide for assistance by any person. 60.40(3)(3) Hearing. The town board shall conduct the budget hearing required under s. 65.90. 60.40(4)(4) Adoption. The town board shall adopt the town budget. 60.40(5)(5) Amendment. The town budget may be amended by the town board under s. 65.90 (5). 60.40 HistoryHistory: 1983 a. 532. 60.40 AnnotationLocal units of government may not create and accumulate unappropriated surplus funds. However, a local unit of government may maintain reasonable amounts necessary in the exercise of sound business principles to meet the immediate cash flow needs of the municipality during the current budgetary period or to accumulate needed capital in non-lapsing funds to finance specifically identified future capital expenditures. 76 Atty. Gen. 77. 60.40 AnnotationArticle VIII, section 5 restricts the state from levying taxes to create a surplus having no public purpose. Although the constitutional provision does not apply directly to municipalities, the same limitation applies indirectly to them because the state cannot delegate more power than it has. 76 Atty. Gen. 77. 60.4160.41 Annual financial statement. The town board annually shall prepare a statement of the financial condition of the town and present the statement to the annual town meeting. In preparing the statement, the town board may provide for assistance by any person. The statement shall include the previous year’s revenues and expenditures and the current indebtedness of the town. 60.41 HistoryHistory: 1983 a. 532. 60.4260.42 Finance book. The town clerk shall maintain a finance book under s. 60.33 (3).
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