Langlade County, Wisconsin - Chapter 7: Officers, Their Duties and Powers, 1922

Section 1. The mayor shall be the chief executive officer of the city. He shall see that all laws relating to the peace and good order of the city, as well as the ordinances of the city, are enforced, and shall exercise a constant supervision over all other officers of the city. He shall receive and examine into all complaints against all subordinate officers for misconduct, inefficiency or neglect of duty, and may, when the interests of the city are in danger of being impaired, summarily suspend such officer until the next meeting of the common council, at which time the mayor shall make report to the common council of his action in writing, setting forth all the facts and circumstances in relation thereto, and the common council may dispose of the matter in the same manner as hereinbefore provided, for the removal of persons from office. He shall recommend from time to time to the common council such measures as he shall deem expedient and necessary for the welfare of the city. He shall possess all the power and authority conferred upon mayors of cities by the general laws of the state. He shall have power, with force if necessary, to suppress all tumults, riots and unlawful assemblies, all revelling, quarreling, or other disorderly conduct to the disturbance or annoyance of the peaceable inhabitants of the city. He shall have control, subject at all times to be restricted by the common council, of the city marshal and the entire police force of the city. He shall have power to admit to. or discharge without, bail any and all persons arrested by the police force of the city without warrant.

He shall have power to administer oaths required in the discharge of the duties of his office. He may call special meetings of the common council by order in writing specifying therein the object for which such meeting is called, to be filed with the city clerk and when such order is filed it shall be the duty of the city clerk to serve or cause to be served on all the members of the common council a copy thereof, personally or by leaving the same at the place of residence or business of each member to be served. And at such special meeting of the common council so called the common council shall not transact any other business than that so specified in the call. He shall nave power, for cause to pardon, any person convicted for violation of any city ordinance. He shall communicate to the common council as soon as practicable after his election, and as often thereafter as he may deem expedient a general statement of the affairs of the city in relation to its finances, government and improvement. He shall possess all such other powers and perform all such other duties as are incident to, or necessary for, the faithful discharge of his duties under this act.

Section 2. The president of the common council shall possess all of the powers, and perform all the duties of the mayor, in his absence or inability to act.

Section 3. The city clerk shall attend all the meetings of the common council, and keep a correct record of its proceedings. He shall have custody of the corporate seal, and of all the papers and records of the city, that by provision of law, or by direction of the common council are required to be kept in his office, or filed by him. He shall see that all ordinances, orders, resolutions, notices and other matters requiring publication, are promptly and correctly published in such paper or papers as the common council may have directed, and that due proof thereof be made and recorded as in this chapter provided. He shall record all papers and proceedings required by any of the provisions of this act, to be recorded in his office. He shall serve in the capacity of clerk of all such boards or committees as the common council may direct. He shall attest all orders drawn upon the treasury, and sign all licenses granted by the common council, and keep correct record thereof, in books provided for that purpose, in such a manner as may be designated by the common council. He shall keep a detailed account of the financial condition of the city and of the amounts expended through orders drawn upon the treasury; of all balances remaining unexpended, of the condition of any fund or separate appropriation for particular purposes, of the amounts received into the city treasury, as appears by the reports of the treasurer, and all other facts desired by the common council at any regular meeting or at any time. He shall do and perform any other or further act or service in relation to any details in the matter of keeping books of account, records or proceedings which the common council may, by ordinance or resolution require. He shall make copies of the assessment roll of the city, as may be required by the law of the state by the common council. He shall keep a record in detail of the bonded indebtedness of the city, in such a manner as will show the amounts required to be paid each year for interest and principal, or to invest in a sinking fund. He shall, before the levy of any annual tax by the council make report of all amounts in detail, which the city will be required to pay towards any indebtedness and such facts and statements of past expenditures as will enable the council to make proper estimates for tax levies. He shall keep a record of all the proceedings in matters relating to the condemnation of private property for public use all proceeding in any improvement by which the expense or any portion thereof, shall be chargeable to any real estate. He shall at the regular meeting each month, make a report to the common council of the amount of money belonging to the general fund, in the city treasury at the last meeting, the amount of orders drawn on said fund since the last meeting, and the balance on hand at the date of meeting. He shall have power to administer oaths and affirmations in the discharge of the duties of his office, and may, when authorized by the common council, appoint a deputy city clerk, who, when so appointed shall possess all the powers and authority of city clerk. The city clerk may, in addition to his salary, receive such fees as the common council may prescribe for filing chattel mortgages and making certified copies of the same or for any service in connection with his office not in this act specified, or hereafter required by the common council.

Section 4. The city treasurer shall receive, and safely keep until lawfully paid out, all moneys belonging to the city, and keep accurate accounts thereof with an accurate account of all disbursements in such a manner as the common council direct. He shall collect all licenses, duties, commissions and moneys due the city, all general and special taxes, assessments, which may be lawfully charged, levied or assessed upon the real and personal property in this city, and chargeable therewith, and exercise the same powers and be subject to the same liabilities as treasurers of towns, except when special directions and duty imposed by this act. He shall pay all orders drawn upon the treasury, by authority of the common council, or as may be required under any special provision of this act. He shall report to the common council, at the end of each month the actual amount of money in the treasury, together with the amount received and paid out. He shall accompany such reports with all others redeemed and paid by him, which said account and orders with any and all other vouchers held by him, shall be delivered over to the city clerk, and filed in his office, after the same shall have been examined by the common council. And all such orders so presented, when credited to the treasurer, shall be cancelled by the common council in such a manner as the common council shall direct. He shall at the end of his official term, or oftener, as may be required by the common council, make a detailed report of all the transactions of his office, and at the end of his term of office shall thereupon deliver over to his successor in office all money or property belonging to the city, as well as all books, records, papers, or documents, in any way pertaining or belonging to the office. The treasurer shall, in addition to the duties herein enumerated, do and perform all the duties provided to be done and performed by him in any portion of this act. The fees of the city treasurer shall be as follows : For collecting the highway tax he shall receive two per cent on the amount collected, for all taxes in the general tax roll collected on or before the tenth day of January in each year he shall receive one per cent, on the amount collected for all taxes collected between the tenth day of January and the tenth day of February in each year he shall receive two per cent, on the amount collected, and for all taxes collected after the tenth day of February in each year he shall receive three per cent, on the amount collected.

Section 5. The city marshal shall perform such duties as shall be prescribed by the common council for the preservation of the peace. He shall possess all the powers and authority of constables of towns, and be subject to the same liabilities. It shall be his duty to execute all writs and processes to him directed, and when necessary in criminal cases, or for the violation of any ordinance of said city, or laws of this state, may pursue and serve the same in any part of the state. It shall be his duty to suppress all riots, disturbances and breaches of the peace, and to remove all obstructions in the streets and alleys of said city, to apprehend with or without warrant, any person in the act of committing any offense against any ordinance of said city or the laws of this state, and forthwith bring such persons before a justice of the peace for examination or trial, and for such service he shall receive such fees as are allowed by law to constables for like services in this state; provided that if said city marshal perform any labor by direction of the common council or required by law, for which no fees are allowed, he shall receive such compensation as the common council shall determine. He shall have power to appoint one or more deputies, subject to the approval of the common council, but for whose official acts he shall be responsible and for whom he may require bonds for the faithful discharge of their duties. Such deputies shall also take and subscribe the proper oath of office which will be filed in the office of the city clerk, and when duly qualified as aforesaid such deputies shall possess all the powers and authorities and be subject to the same liabilities as the marshal.

Section 6. The supervisors elected under this act shall be members of the county board of supervisors, and, as such, shall have powers of the chairmen of the board of supervisors in the several towns of this state, except as qualified by the provisions of this act; and in case of any vacancy, in either of the wards, in said office, or inability of the supervisors elect to act, the senior alderman from such ward shall be and act as such supervisor until the vacancy is filled or disability removed, and such alderman shall have all the powers and discharge all the duties of the office of supervisor.

shall, in all things pertaining to their offices, be governed by the same laws as assessors under the general laws of this state, and their compensation shall be established by the common council.

Section 8. The board of review shall consist of the mayor, clerk, assessor and senior alderman from each ward. They shall meet on the day fixed by law for that purpose, and in all things be governed by the general laws of this state. The members of the board of review shall receive five dollars each for their services during all the sessions of the board for the year, and no more.

Section 9. Each of the justices of peace provided for in this act shall hold a court for trial and determination of such actions civil and criminal, as they have jurisdiction of as justices of the peace under the general laws of the state or the provisions of this act. All the general laws of the state of Wisconsin, relative to the proceedings in justice courts in civil and criminal proceedings shall apply to the courts of such justices except as otherwise provided in this act.

Section 10. The justice of the peace of said city shall have exclusive original jurisdiction of all criminal cases arising in said city, to try and determine, or commit for trial, as may be, any or all cases, civil or criminal, arising under the ordinances, rules or regulations of said city. All the general provisions of law concerning the trial of criminal offenses, and the conducting of criminal prosecutions, appeals from the judgments of the justice, the fees of officers and proceedings in which upon trial the justice finds he has not final jurisdiction of the case shall govern trials under this act. When an act or omission, declared to be an offense by the general laws of the state, is also made an offense by the provisions of this act or the ordinances of the city passed pursuant thereto, a conviction or acquittal in a prosecution under the general laws shall be a bar to a prosecution under this act, or such ordinances. The persons accused shall have the same right to a removal of the case for prejudice as provided by the general laws of the state. All fines collected on convictions for such acts or omissions shall be paid into the city treasury, and become a part of the general fund thereof.

Section 11. The common council shall, annually before any highway taxes are expended, appropriate and set apart from the whole amount of highway tax levied such sum or portion as it shall deem necessary, not to exceed one-fourth of the amount so levied, to be expended by the common council on Fifth Avenue and the extension thereof to the city limits east and west, and Clermont Street and the extension thereof north and south to the city limits, all other boundary streets between wards in said city. All highway taxes shall be expended in the wards where raised and paid except the amount which may be appropriated by the common council for the streets above mentioned. The city clerk shall deliver to the street commissioner in each ward, on or before the first day of June each year, a statement of the amount of the highway taxes belonging to his ward, and file a duplicate thereof with the city treasurer. The aldermen and street commissioner in each ward shall constitute a committee for the purpose of laying or expending the highway tax therein. Same committee shall direct the expenditure of all highway taxes in its ward, and the street commissioner shall have charge and control of all work so directed and for that purpose shall have authority to employ men and teams, and to procure such tools as shall be necessary, but the committee shall fix and limit th^ wages to be paid, and in all cases, and make all purchases of tools or implements used or bought. The street commissioner shall prepare and submit to the aldermen of his ward, a monthly statement of the amount expended by him, showing the number of days work done by men, the number of days team work, the names of the men and owners of teams so employed, and all other work done. When such statement shall be approved by the aldermen of such ward, by indorsing their approval thereon, the street commissioner shall file the same ' and with the city clerk. The city clerk shall issue orders to all persons named in such statement for the amount to which each person named therein shall be entitled and when such orders are countersigned by the mayor, they shall be delivered to the persons named therein and the amounts charged to the highway fund of said ward.