60.35
60.35
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 History
History: 1983 a. 532.
60.351
60.351
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.
60.36
60.36
Municipal judge. The town board may provide for the election of a municipal judge under ch.
755.
60.36 History
History: 1983 a. 532.
60.37
60.37
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, other than a town clerk, a town treasurer, or an officer serving in a combined office of town clerk and town treasurer, who also serves as a town employee may be paid an hourly wage for serving as a town employee, not exceeding a total of $5,000 each year. An elected town officer, who is a town clerk, a town treasurer, or an officer serving in a combined office of town clerk and town treasurer, 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 $5,000 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 Note
NOTE: Par. (a) is shown as affected by
2017 Wis. Acts 12 and
326 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
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 Note
NOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
FINANCE
60.40
60.40
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 History
History: 1983 a. 532.
60.40 Annotation
Local 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 Annotation
Article 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.
60.41
60.41
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 History
History: 1983 a. 532.
60.42
60.42
Finance book. The town clerk shall maintain a finance book under s.
60.33 (3).
60.42 History
History: 1983 a. 532.
60.43
60.43
Financial audits. 60.43(1)(1)
General. The town board may provide for financial audits under s.
66.0605.
60.43(2)
(2)
Audit of combined clerk and treasurer office. If the offices of town clerk and town treasurer are combined under s.
60.305 (1) (a), the town board shall arrange for an audit of the town financial records at least once every year. The audit may be conducted either by a certified public accountant, appointed by the town board and not otherwise employed by the town, or by the department of revenue if the department provides such a service.
60.43 History
History: 1983 a. 532;
1999 a. 150 s.
672.
60.44
60.44
Claims against town. 60.44(1)(a)(a) Claims for money against a town or against officers, officials, agents or employees of the town arising out of acts done in their official capacity shall be filed with the town clerk as provided under s.
893.80 (1d) (b). This paragraph does not apply to actions commenced under s.
19.37,
19.97 or
281.99.
60.44(1)(b)
(b) The town board shall allow or disallow the claim. Notice of disallowance shall be made as provided under s.
893.80 (1g).
60.44(2)(a)(a) The town board, by ordinance, may provide a procedure for approving financial claims against the town which are in the nature of bills and vouchers. The ordinance shall provide that payment may be made from the town treasury under s.
66.0607 after the town clerk reviews and approves in writing each bill or voucher as a proper charge against the treasury, after having determined that:
60.44(2)(a)1.
1. Funds are available under the town budget to pay the bill or voucher.
60.44(2)(a)2.
2. The item or service covered by the bill or voucher has been duly authorized.
60.44(2)(a)3.
3. The item or service covered by the bill or voucher has been supplied or rendered in conformity with the authorization.
60.44(2)(a)4.
4. The claim appears to be a valid claim against the town.
60.44(2)(b)
(b) The town clerk may require submission of proof to determine compliance with the conditions under par.
(a) 1. to
4. 60.44(2)(c)
(c) The ordinance shall require that the clerk file with the town board at least monthly a list of the claims approved, showing the date paid, name of claimant, purpose and amount.
60.44(3)
(3)
Court actions to recover claims. Subsection
(2), or an ordinance adopted under that subsection, does not affect the applicability of s.
893.80. No action may be brought or maintained against a town upon a claim unless the claimant complies with s.
893.80. This subsection does not apply to actions commenced under s.
19.37,
19.97 or
281.99.
60.45
60.45
Disbursements from town treasury. Disbursements from the town treasury shall be made under s.
66.0607.
60.45 History
History: 1983 a. 532;
1999 a. 150 s.
672.
60.46
60.46
Public depository. The town board shall designate one or more public depositories for depositing funds of the town. The treasurer and the treasurer's surety are not liable for loss, as defined under s.
34.01 (2), of money deposited in the name of the town in a designated public depository. Interest accruing from town money in a public depository shall be credited to the town.
60.46 History
History: 1983 a. 532;
1985 a. 25 s.
15.
60.47
60.47
Public contracts and competitive bidding. 60.47(1)(1)
Definitions. In this section:
60.47(1)(a)
(a) “Public contract" means a contract for the construction, execution, repair, remodeling or improvement of any public work or building or for the furnishing of materials or supplies, with an estimated cost greater than $5,000.
60.47(1)(b)
(b) “Responsible bidder" means a person who, in the judgment of the town board, is financially responsible and has the capacity and competence to faithfully and responsibly comply with the terms of the public contract.
60.47(2)
(2)
Notice; advertisement for bids. Except as provided in subs.
(4) and
(5):
60.47(2)(a)
(a) No town may enter into a public contract with an estimated cost of more than $5,000 but not more than $25,000 unless the town board, or a town official or employee designated by the town board, gives a class 1 notice under ch.
985 before execution of that public contract.
60.47(2)(b)
(b) No town may enter into a public contract with a value of more than $25,000 unless the town board, or a town official or employee designated by the town board, advertises for proposals to perform the terms of the public contract by publishing a class 2 notice under ch.
985. The town board may provide for additional means of advertising for bids.
60.47(3)
(3)
Contracts to lowest responsible bidder. The town board shall let a public contract for which advertising for proposals is required under sub.
(2) (b) to the lowest responsible bidder. Section
66.0901 applies to public contracts let under sub.
(2) (b).
60.47(4)
(4)
Contracts with governmental entities. This section does not apply to public contracts entered into by a town with a municipality, as defined under s.
66.0301 (1) (a).
60.47(5)
(5)
Exception for emergencies and donated materials and labor. This section is optional with respect to public contracts for the repair and construction of public facilities when damage or threatened damage to the facility creates an emergency, as declared by resolution of the town board, that endangers the public health or welfare of the town. This subsection no longer applies when the town board declares that the emergency no longer exists. This section is optional with respect to a public contract if the materials related to the contract are donated or if the labor that is necessary to execute the public contract is provided by volunteers.
60.47(6)
(6)
Application to work by town. This section does not apply to any public work performed directly by the town.
60.47 Annotation
An unsuccessful bidder was not entitled to maintain a suit for damages, but was instead required to seek an injunction. Only if the bidder successfully obtained an injunction would it be entitled to limited damages, not including lost profits, as, if successful, the bidder could force the town to award it the contracts, or alternatively, to relet them. D.M.K., Inc. v. Town of Pittsfield,
2006 WI App 40,
290 Wis. 2d 474,
711 N.W.2d 672,
05-0221.
60.47 Annotation
A disappointed bidder may recover bid preparation expenses for a violation of the competitive bidding statute regardless of whether it has sought injunctive relief. North Twin Builders, LLC v. Town of Phelps,
2011 WI App 77,
334 Wis. 2d 148,
800 N.W.2d 1,
09-3036.
PUBLIC WORKS AND PUBLIC SAFETY
60.50
60.50
Public works. Without limitation because of enumeration, the town board may:
60.50(1)
(1)
Acquire lands. Notwithstanding s.
60.10 (2) (e), acquire lands to lay, construct, alter, extend or repair any highway, street or alley in the town.
60.50(2)
(2)
Streets, sewers and service mains. Provide for laying, constructing, altering, extending, replacing, removing or repairing any highway, street, alley, sanitary sewer, storm sewer, water main or any other service pipes, under s.
62.16 (2) (d), in the town.
60.50(3)
(3)
Sidewalks. Provide for construction, removal, replacement or repair of sidewalks under s.
66.0907.
60.50(4)
(4)
Lighting highways. Provide for lighting for highways, as defined under s.
340.01 (22), located in the town.
60.50(5)
(5)
Lake improvements. Provide for making improvements in any lake or waterway located in the town.
60.50(6)
(6)
Inspections. Gather at the site of a public works project or a highway, street or alley project that has been approved by the town board for the sole purpose of inspecting the work that has been completed or that is in progress if, before gathering at the site, the chairperson of the board or the chairperson's designee notifies by telephone or facsimile transmission those news media who have filed a written request for notice of such inspections in relation to that project and if the chairperson of the board or the chairperson's designee submits at the next board meeting a report that describes the inspection. The board may not take any official action at the inspection site.
