Ordinance for Changing from an Elected to Appointed Clerk

 

ORDINANCE NO. 2018-3

 

 

 

TOWN OF BLACK CREEK,

 

OUTAGAMIE COUNTY, WISCONSIN

 

 

 

AN ORDINANCE ESTABLISHING APPOINTMENT OF TOWN CLERK

 

 

 

Be it hereby ordained, by the Town Board of the Town of Black Creek, Outagamie County, Wisconsin, as follows:

 

 

 

SECTION I – TITLE

 

 

 

The title of this ordinance is the Town of Black Creek Clerk Appointment Ordinance.

 

 

 

SECTION II – AUTHORITY

 

 

 

The Town Board has specific authority to adopt this ordinance under Wis. Stat. § 60.30(1e)(a) and the general authority to adopt this ordinance under its Town / village powers pursuant to Wis. Stat. § 60.22(3).

 

 

 

SECTION III – APPOINTMENT OF TOWN CLERK

 

 

 

Pursuant to Wis. Stat. § 60.30(1e)(a), the office of the Town Clerk shall be filled by appointment by a majority of the members-elect of the Town Board.

 

 

 

SECTION IV – TERM

 

 

 

The term of the office of the Town Clerk shall be set by the Town Board but may not exceed three (3) years per Wis. Stat. § 60.30(1e)(c).

 

 

 

SECTION V – RE-APPOINTMENT

 

 

 

The Town Board may re-appoint the Tow Clerk for additional terms.

 

 

 

SECTION VI – REMOVAL

 

 

 

Removal of the Town Clerk by the Town Board during a given term of office may only be for “cause” as defined under Wis. Stat. § 17.001 and as required by Wis. Stat. § 60.30(1e)(f).

 

 

 

SECTION VII – REFERENDUM

 

 

 

This ordinance is subject to approval by the Town electors in a referendum, which referendum is hereby called by the Town Board to be held on November 6, 2018. The referendum question shall be:

 

 

 

“Shall the person holding the office of the Town Clerk in the Town of Black Creek be appointed by the Town Board?”

 

SECTION VIII – SALARY

 

 

 

The salary of the appointed Town Clerk position shall be set by the Town Board and may not be reduced during the term of office.

 

 

 

SECTION IX – SEPARABILITY OF PROVISIONS

 

 

 

In the event any one or more provisions of this Ordinance are declared invalid, such decision(s) shall not affect the validity of the remaining portions / provisions hereof.

 

 

 

SECTION X – EFFECTIVE DATE

 

 

 

This ordinance shall be in full force and effect from and after the date of its Town Board passage, notice after passage per Wis. Stat. § 60.80, and after the referendum approval by the Town electors as required by Wis. Stat. § 60.30(1e)(b).

 

 

 

            Adopted and passed this _____ day of ____________________, 2018.

 

 

 

                                                            Town Board of the Town of BLACK CREEK

 

 

 

                                                BY:            __________________________________________

 

                                                            ___________________________, Chairman

 

 

 

                                                BY:            __________________________________________

 

                                                            ___________________________, Supervisor

 

 

 

                                                BY:            __________________________________________

 

                                                            ___________________________, Supervisor

 

ATTEST:

 

 

 

__________________________________________

 

___________________________, Clerk