If any elected town officer, other than a town board supervisor, is absent or temporarily incapacitated from any cause, the town board may appoint, if there is no deputy officer for the office, a suitable person to discharge the duties of the office until the officer returns or the disability is removed, except that the appointment procedures of this paragraph apply to a town board supervisor if he or she is absent because of entry into the U.S. armed forces. Appointees shall file the official oath and bond required under s. 60.31
If any elected town officer, other than a town board supervisor, refuses to perform any official duty, the town board may appoint a suitable person to perform those duties which the officer refuses to perform. An appointee shall file the official oath and bond required of the office under s. 60.31
. This paragraph does not preclude a finding that refusal to perform official duties constitutes cause under s. 17.13 (3)
If a town board supervisor is temporarily incapacitated because of physical or mental disability, the town board may appoint a person to discharge the supervisor's duties until the disability is removed.
(6) Town officers residing in new incorporated municipality or annexed territory.
Notwithstanding s. 17.03 (4)
, if, due to incorporation or annexation, any town officer, except a town board supervisor or a municipal judge, becomes a resident of a city or village, the officer shall continue in the town office and discharge the duties of the office until completion of the term for which elected.
Combined and part-time offices. 60.305(1)(1)
Clerk and treasurer.
Except as provided under sub. (3)
, the town meeting may:
Combine the offices of town clerk and town treasurer. If the offices are combined, the town board shall provide for an annual audit under s. 60.43 (2)
Designate as part-time the office of town clerk, the office of town treasurer or the combined office of town clerk and town treasurer.
(2) Clerk and assessor.
Except as provided under sub. (3)
, the town meeting may combine the offices of town clerk and town assessor. If a person elected to a combined office is not certified under s. 73.09
by June 1 of the year elected, the combined office is vacant.
(3) Town in county with only one town. 60.305(3)(a)(a)
In the town in any county containing only one town, the town board may, by resolution:
Combine, if concurred in by the county board, the offices of town clerk and county clerk and any other town and county offices if the offices combined are not incompatible and the combination is not expressly forbidden by law.
If the town board and county board agree to combine a county and town office under this subsection, the election to fill the combined office shall be under s. 59.20 (2)
. No separate election for the town office may be held until the county board, by resolution, revokes the combination and the town board, by resolution, concurs.
A combination of offices under this section takes effect on the latest date that any current term of an office to be combined expires.
Except as provided under sub. (3) (b)
for combined town and county offices, the election to fill any combined office shall be under s. 60.30
The combination of town offices may be revoked in the same way that they were combined. No separate election for a town office, if combined, may be held until the combination is so revoked.
History: 1983 a. 532
; 1995 a. 201
Compensation may be increased to the clerk for service on the board of review if the clerk has been designated part-time by the town meeting. 79 Atty. Gen. 176
Appointment of town assessors. 60.307(1)(1)
This section does not apply to any town within the jurisdiction of a county assessor under s. 70.99
(2) Town meeting authorization.
If authorized by the town meeting under s. 60.10 (2) (j)
, the town board may select assessors by appointment.
(3) Method of selection.
If authorized under sub. (2)
, a town board may appoint an assessor and any assistants by one of the following methods:
If the town has a civil service system, under that system. If the town has no civil service system, the town board may adopt a civil service system under s. 66.0509 (2) (b)
for the selection of assessors.
If the town does not have or adopt a civil service system, the town board shall appoint assessors on the basis of merit, experience and general qualifications for a term not to exceed 5 years.
(4) Independent contractor as assessor. 60.307(4)(a)(a)
In this subsection, “independent contractor" means a person who either is under contract to furnish appraisal and assessment services or is customarily engaged in an independently established trade, business or profession in which the services are offered to the general public.
An independent contractor may be appointed as the town assessor. The independent contractor shall designate the individual responsible for the assessment. The designee shall file the official oath under s. 19.01
and sign the affidavit of the assessor attached to the assessment roll under s. 70.49
. No individual may be designated by an independent contractor unless he or she has been granted the appropriate certification under s. 73.09
(5) Assessors; assistants; number and salaries.
The town board shall determine the number of assistant assessors required and the salaries to be paid the assessor and assistant assessors. If the assessor and assistant assessors are appointed under civil service, the salaries shall be within the civil service salary schedule and appointments shall be from the civil service lists.
(6) Commencement of office.
An initial appointee under this section shall take office at the expiration of the terms of the last elected assessors.
Official oath and bond. 60.31(1)(1)
Except as provided in sub. (3)
, every elected or appointed town officer shall take and file the oath under s. 19.01
within 5 days after notification of election or appointment.
(2) Official bond.
Every town clerk, deputy town clerk, town treasurer, deputy town treasurer, elected assessor and town constable shall execute and file an official bond provided by the town or by sufficient sureties, or the town may provide a schedule or blanket bond that includes any or all of these officials. The official bond or schedule or blanket bond provided by the town may be furnished by a surety company under s. 632.17 (2)
. The amount of the bond shall be fixed by the town board. If the amount of the bond is not fixed by the board, the amount shall be the same as that required of the last incumbent of the office. If the town board at any time determines that the bond is insufficient, it may require an additional bond to be filed within 10 days, in an amount fixed by the board.
An elected assessor shall take and file the official oath and bond at any time between May 27 to May 31.
Municipal judges shall take and file the official oath and, if required to do so by the town board, the official bond, under s. 755.03
. If the town board does not require municipal judges to file an official bond, the board shall obtain a dishonesty or other appropriate insurance policy that covers the judges, as described in s. 755.03
(4) Failure to file oath or bond.
If any person elected or appointed to a town office fails to file a required official oath or bond within the time prescribed by law, the failure to file constitutes refusal to serve in office.
Compensation of elective town offices. 60.32(1)(1)
Established by town meeting or board. 60.32(1)(a)
Except as provided under par. (b)
and s. 66.0507
, the town meeting shall establish the compensation of elective town offices.
If authorized by the town meeting under s. 60.10 (2) (k)
, the town board shall establish the compensation of elective town offices, other than the office of town board supervisor.
(2) Nature of compensation.
Compensation under this section may be:
A per diem compensation for each day or part of a day necessarily devoted to the service of the town and the discharge of duties.
(3) Changes during term.
Subject to sub. (4)
, the town meeting or, if authorized to establish compensation, the town board may make a change in the compensation of an elective town office to take effect during the term of office.
(4) When established.
Compensation under this section shall be established prior to the latest date and time for filing nomination papers for the office. After that date and time, no change may be made in the compensation of the office that applies to the current term of office.
Reimbursement of expenses. 60.321(1)(1)
The town board may provide for reimbursement of expenses necessarily incurred by any officer or employee of the town in the performance of official town duties. The board may determine who is eligible for expense reimbursement, which expenses are reimbursable and the amount of reimbursement. Expenses reimbursable under this section include, but are not limited to:
Traveling expenses, including mileage, lodging and meal expenses.
Costs associated with programs of instruction related to the officer's or employee's office or employment.
The town board may purchase handbooks and manuals that will materially assist town officials and employees in the performance of official duties.
History: 1983 a. 532
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.
History: 1983 a. 532
; 2001 a. 16
Duties of town clerk.
The town clerk shall:
(1) Clerk of town meeting.
Serve as clerk of the town meeting under s. 60.15
Serve as clerk of the town board, attend meetings of the board and keep a full record of its proceedings.
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.
(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.
(4) Elections and appointments. 60.33(4)(a)
Perform the duties required by chs. 5
relating to elections.
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.
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.
(5) Sale of real property.
Execute the conveyance of real property of the town.
Publish or post ordinances and resolutions as required under s. 60.80
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.
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.
(8m) Street trade permits.
Stamp or endorse street trade permits at the request of an employer under s. 103.25 (3m) (b)
(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)
Perform the clerk's duties under chs. 115
, relating to public instruction.
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.
Make and keep in the clerk's office a map of the town, showing the exact boundaries of school districts within the town.
Apportion, as provided by law, tax revenues collected by the town for schools.
(10) Highways and bridges.
Perform the duties specified in chs. 82
, relating to highways, bridges and drains.