Part I. CHARTER ORDINANCES  


CHARTER ORDINANCE NO. 1
[PRIMARY ELECTION]

A charter ordinance relating to the nomination of candidates for Village offices by a primary election.

THE VILLAGE BOARD OF THE VILLAGE OF BROWN DEER, MILWAUKEE COUNTY, WISCONSIN DO ORDAIN AS FOLLOWS:

SECTION I. Pursuant to Section 5.27(6) of the Wisconsin Statutes [Wis. Stats. § 5.27(6)], the village of Brown Deer, Milwaukee County, Wisconsin hereby elects not to be governed by Section 5.27(1) and (2) of the Wisconsin Statutes [Wis. Stats. § 5.27(1), (2)].

SECTION II. The Village of Brown Deer, Milwaukee County, Wisconsin hereby elects that candidates for elective Village offices shall be nominated by a non partisan primary election conducted as directed by Chapter 5 of the Wisconsin Statutes [Wis. Stats. ch. 5] so far as applicable, provided that nomination papers shall be signed by electors not less than three (3) per centum of the number of electors voting therein for governor at the last preceding election, but not less than fifteen (15) voters, which shall be filed with the Village Clerk not less than 20 days before such primary election, not later than 5:00 p.m. on said twentieth day.

SECTION III. The Village Clerk shall give notice of the primary election and take all other steps as may be required by statute relative to the conduct of such primary election.

PASSED AND ADOPTED by the Village Board of the Village of Brown Deer, Milwaukee County, Wisconsin, this first day of November, 1955.

Richard A. Koch, President

Countersigned:

Ervin F. Schneeberg, Clerk

CHARTER ORDINANCE NO. 2
[TERMS OF PRESIDENT AND TRUSTEES]

A charter ordinance relating to the election and tenure of offices of the president and trustees of the Village of Brown Deer, and election not to be governed by certain provision of Section 61.19; Section 61.20(1); Section 61.23 and any other provisions of Chapter 61 of the Wisconsin Statutes which are inconsistent with the provisions hereof.

THE VILLAGE BOARD OF THE VILLAGE OF BROWN DEER, MILWAUKEE COUNTY, WISCONSIN DO ORDAIN AS FOLLOWS:

SECTION I. The Village of Brown Deer hereby elects not to be governed by those provisions of Section 61.19; Section 61.20(1); Section 61.23 [Wis. Stats. §§ 61.19, 16.20(1) and 61.23] and any other provisions of Chapter 61 of the Wisconsin Statutes [Wis. Stats. ch. 61] which are inconsistent with Section II of this charter ordinance.

SECTION II. The term of offices of the president and trustees of the Village of Brown Deer, hereafter elected, shall be three (3) years and until their respective successors are elected and qualified, except as follows:

a.

At the 1956 primary election and at the 1956 annual election all of the six (6) trusteeships of the Village shall be subject to nomination and election respectively; thereafter only two (2) trusteeships shall be subject to nomination and election any given year.

b.

At the 1956 primary election, the twelve (12) candidates for the six (6) trusteeships receiving the highest number of votes shall be nominated for the 1956 annual election.

c.

At the 1956 annual election the six (6) candidates receiving the highest number of votes for the office of trustee shall be elected the trustees of the Village. At the 1956 annual election the two (2) trustees receiving the highest number of votes shall be elected for terms of three (3) years and until their successors are duly elected and qualified; the trustees receiving the next two (2) highest number of votes shall be elected for terms of two (2) years and until their successors are duly elected and qualified; and the trustees receiving the two (2) lowest number of votes shall be elected to terms of one (1) year and until their successors are duly elected and qualified.

PASSED AND ADOPTED by the Village Board of the Village of Brown Deer, Milwaukee County, Wisconsin, on this 1st day of November, 1995.

Richard A. Koch, President

Countersigned:

Ervin F. Schneeberg, Clerk

CHARTER ORDINANCE NO. 3
[VILLAGE MANAGER]

A Charter Ordinance Establishing the Office of Village Manager for the Village of Brown Deer and Defining the Duties of the Office

THE ELECTORS OF THE VILLAGE OF BROWN DEER DO ORDAIN AS FOLLOWS:

SECTION I. Pursuant to Section 66.01 of the Wisconsin Statutes, the Village of Brown Deer hereby elects not to be governed by those provisions of Section 61.19, Wisconsin Statutes [Wis. Stats. § 61.19], and any other provisions of Chapter 61 of the Wisconsin Statutes [Wis. Stats. ch. 61] which are inconsistent with the following provisions of this charter ordinance.

SECTION II. Pursuant to Chapter 64 of the Wisconsin Statutes [Wis. Stats. ch. 61] and pursuant to Section 66.01, Wisconsin Statutes [Wis. Stats. § 66.01], the Village of Brown Deer is hereby reorganized and there is hereby established and created the office of Village Manager in and for the Village of Brown Deer. Such Village Manager shall be appointed by the Village Board for a term of indefinite duration subject to termination at the election of either the Village Board of the Village of Brown Deer or the Village Manager upon 90 days written notice prior to such termination. The Village Board may suspend the Village Manager for cause at any time.

SECTION III. The Village Manager, subject to limitations defined in resolutions and ordinances of said village, shall be the chief administrative officer of the Village, responsible only to the Village Board for the proper administration of the business and affairs of the Village pursuant to the Statutes of the State of Wisconsin, the ordinances of the Village of Brown Deer, and the resolutions and directions of the Village Board, with powers and duties as follows:

(a)

Except as otherwise required by statute or ordinance, to appoint, and when necessary or desirable for the good of the service to suspend or remove employees of the Village; provided, however, that said Village Manager may authorize the head of a department or office of the Village to appoint, suspend, or remove subordinates in such department or office; and further provided however, that neither any statutory officer of the Village nor the Village Attorney shall be appointed, suspended or removed except by action of the Village Board;

(b)

To attend all meetings of the Village Board and its committee unless excused by the Board or the committee; and heed the Village Board's advice pertaining to Village administration, business and affairs; and to make recommendations from time to time for improving the quality and efficiency of the services performed by the Village;

(c)

To prepare the agenda and order of business for all board and committee meetings. Nothing herein shall be so constructed as to give the Village Manager authority to limit or in any way prevent matters from being considered by the board or its committees;

(d)

To establish such methods of handling details of administration as will, in his opinion, best promote efficiency in municipal government;

(e)

To have charge of the operation and maintenance of all Village-owned property, lands, buildings, improvements, and equipment, and of all public ways, ditches, drains, storm sewers, sanitary sewers, water mains and water hydrants;

(f)

To have charge of the construction and maintenance of all public ways, public works and improvements undertaken either directly or indirectly by the Village;

(g)

To prepare annually and submit to the Village Board a financial budget of anticipated income and expenditures for the ensuing fiscal year, and supervise and control the expenditures of money and the administration of such budget as adopted;

(h)

To make or direct the making of all purchases of materials, supplies, equipment, and services of every kind and character for any and all departments and subdivision of the Village;

(i)

To see that all Village ordinances are efficiently enforced;

(j)

To supervise and direct the activities of those officers and employees of the Village specified in the official administrative organization and procedure plan as adopted under the provisions of Section VI of this charter ordinance. This supervision and direction may be delegated to such department heads and supervisory personnel as the Manager sees fit.

SECTION IV. The Village Manager shall attend all meetings of the committees, commissions and boards appointed by the Village of Brown Deer and all meetings of the Village Board, and he shall act as a liaison between such committees, commissions and boards and the Village Board of the Village of Brown Deer.

SECTION V. All officers and employees of the Village shall cooperate with and assist the Village Manager of the Village of Brown Deer so that the affairs of the Village will be most economically and harmoniously administered.

SECTION VI. The Village Manager shall submit to the Village Board a plan of administrative organization and procedure, including an organization chart. This administrative plan shall be so constructed as to define authority and responsibility as clearly as possible. Upon approval by the Village Board, such plan and any amendments and changes thereof, shall constitute the official administrative and organizational plan.

SECTION VII. Commencing with the first Tuesday of April, 1958, the office of Village Clerk shall cease to be elective and shall be filled by appointment of the Village Board; provided, however, that the office of Village Clerk and the office of the Village Manager shall at all times be contemporaneously held by the same person.

SECTION VIII. All ordinances or parts of ordinances in conflict with the foregoing provisions of this charter ordinance are hereby repealed.

SECTION IX. It is hereby declared to be the intent of the electors of the Village of Brown Deer, in the passage of this charter ordinance, that the several sections, sub-sections, paragraphs, or sub-paragraphs of this charter ordinance are to be severable and the said electors determine that they would have passed each of the several sections, sub-sections, paragraphs, or sub-paragraphs without reference to the other, and further, provide that if any section, sub-section, paragraph or sub-paragraph, clause or provision of this charter ordinance shall be, by a decision of a court of competent jurisdiction, declared to be invalid, such decision shall not affect the validity of the other provisions of the charter ordinance, or of the section of which the invalid portion or paragraph may be a part.

SECTION X. This charter ordinance shall be in full force and effect upon and after its passage and adoption by the affirmative vote of the electorate as provided in Chapter 66 of the Wisconsin Statutes [Wis. Stats. ch. 66].

PASSED AND ADOPTED by the Village electors of the Village of Brown Deer this 5th day of March, 1957.

President (Richard A. Koch)

Countersigned:

Clerk (Ervin F. Schneeberg)

CHARTER ORDINANCE NO. 4
[VILLAGE ASSESSOR TO BE APPOINTED]

A Charter Ordinance Changing the Method of Selection of the Village Assessor from Election to Appointment.

Editor's note— Charter Ordinance No. 4, adopted on November 18, 1957, pertaining to the method of selection of the Village Assessor from election to appointment, is superseded by Charter Ordinance No. 8.

CHARTER ORDINANCE NO. 5
[PLAN COMMISSION COMPOSITION]

A Charter Ordinance Relating to the Composition of the Plan Commission and the Village's Election Not to be Governed by Certain Provision of Section 62.23(1) and Section 61.35, Wisconsin Statutes [Wis. Stats. §§ 61.35, 62.23(1)], which are Inconsistent with the Provisions Hereof.

THE VILLAGE BOARD OF THE VILLAGE OF BROWN DEER, MILWAUKEE COUNTY, WISCONSIN, DO ORDAIN AS FOLLOWS:

SECTION I. Pursuant to Section 66.01, Wisconsin Statutes [Wis. Stats. §§ 66.01], the Village of Brown Deer hereby elects not to be governed by those provisions of Section 62.23(1) and Section 61.35 [Wis. Stats. §§ 61.35, 62.23(1)], Wisconsin Statutes which are inconsistent with the following provisions of this charter ordinance.

SECTION II. Pursuant to Section 66.01, Wisconsin Statutes [Wis. Stats. § 66.01], the composition of the Plan Commission, hereinafter referred to as the "Plan Commission", shall be governed by the following provisions: Said commission shall consist of the President of the Village of Brown Deer, who shall be its presiding officer, two Trustees of said Village, and from three (3) to six (6) citizens of said Village. The Commission shall have at all times at least seven (7) but no more than ten (10) members. Citizen members shall be persons of recognized experience and qualifications. They shall receive no compensation for service on the commission. The trustee members of the Commission shall be elected by a two-thirds ( 2/3 ) vote of the Village Board during April of each year. The three (3) to six (6) citizen members shall be appointed by the President of this Village for a period ending one (1), two (2), and three (3) years, respectively, from the succeeding first day of May following the adoption of this charter ordinance and thereafter, annually, during April. One (1) or two (2) of such members shall be appointed for terms of three (3) years. The additional citizen member, if any, shall be first appointed to hold office for a period ending one (1) year from the succeeding first day of May following the adoption of this charter ordinance, and thereafter, annually, during the month of April.

SECTION III. The provisions of Ordinance No. 13 of the Village of Brown Deer, passed and adopted July 5, 1955, are hereby amended to the extent that they are inconsistent with this charter ordinance.

PASSED AND ADOPTED by the Village Board of the Village of Brown Deer, Milwaukee County, Wisconsin, this 18th day of May, 1959.

President (Richard A. Koch)

Countersigned:

Clerk (Ervin F. Schneeberg)

CHARTER ORDINANCE NO. 6
[OFFICES OF CONSTABLE AND MARSHAL ABOLISHED]

A Charter Ordinance discontinuing the Offices of Constable and Marshal

THE VILLAGE BOARD OF THE VILLAGE OF BROWN DEER, MILWAUKEE COUNTY, WISCONSIN, DO ORDAIN AS FOLLOWS:

SECTION I. Offices Discontinued. Pursuant to Section 61.195, Wisconsin Statutes, and Section 66.01, Wisconsin Statutes [Wis. Stats. §§ 61.195 and 66.01], the office of Village Constable and the office of Village Marshal are hereby discontinued.

SECTION III. Incumbents. Nothing herein contained shall be deemed to shorten or affect a term of office to which any incumbent constable has been elected.

PASSED AND ADOPTED this 19th day of February, 1962.

Richard A. Koch, President

Countersigned:

Dwayne Partain, Clerk

CHARTER ORDINANCE NO. 7
[FILLING VACANCIES ON VILLAGE BOARD]

A Charter Ordinance providing for the Filling of Vacancies in the Village Board

THE VILLAGE BOARD OF THE VILLAGE OF BROWN DEER, MILWAUKEE COUNTY, WISCONSIN, DO ORDAIN AS FOLLOWS:

SECTION I. Pursuant to Section 66.01, Wisconsin Statutes [Wis. Stats. §§ 66.01], the Village of Brown Deer hereby elects not to be governed by those provisions of Section 17.24, Wisconsin Statutes, Section 61.20, Wisconsin Statutes [Wis. Stats. §§ 17.24, 61.20] and any other provisions of Chapter 61 of the Wisconsin Statues[Wis. Stats. ch. 61] which are inconsistent with the following provisions of this charter ordinance.

SECTION II. Whenever a vacancy occurs in the Village Board, the Village Board shall fill such vacancy by calling a special election to fill the unexpired term; provided, however, that the Village Board may make an interim appointment filling such vacancy until the special election is held, and; provided further, however, that in the event the term of the vacant trusteeship or village presidency should expire within six months after the occurrence of the vacancy, the Village Board may elect not to call a special election; Nevertheless, the Village Board may, in its discretion make an interim appointment filling the vacancy until the next regular village election at which the office would normally be filled.

SECTION III. The term "special elections" as used herein is hereby defined as any election held for the purpose of filling the unexpired term of a vacant trusteeship or the village presidency.

The special election and any primary thereunto appertaining shall be held on the day of any regular national, state, county, village or judicial election, and the primaries thereunto appertaining. The ballot or voting machine designation shall designate the unexpired term appertaining to the special election, so that the votes which are cast in connection therewith shall be segregated from the votes cast for the regular full-term trusteeships, being voted upon on the same day.

SECTION IV. If a special election authorized by this Charter Ordinance is called in conjunction with the regular Village election of 1963 and the primary thereunto appertaining, nomination papers appertaining to such special election shall be deemed valid although circulated or filed prior to the effective date of this ordinance.

PASSED AND ADOPTED this 19th day of November, 1962.

Thomas E. Dolan, President

Countersigned:

Dwayne Partain, Clerk

CHARTER ORDINANCE NO. 8
[OFFICES OF VILLAGE TREASURER AND VILLAGE ASSESSOR COMBINED; OFFICER TO BE APPOINTED]

A Charter Ordinance changing the Method of Selection of the Village Treasurer and Village Assessor and providing for the possible combination of said offices

THE VILLAGE BOARD OF THE VILLAGE OF BROWN DEER DO HEREBY ORDAIN AS FOLLOWS:

SECTION I. Pursuant to S 66.01 of the Wisconsin Statutes of 1961 [Wis. Stats. § 66.01], the Village of Brown Deer hereby elects not to be governed by those provisions of S 61.19, Wisconsin Statutes of 1961, and any other provisions of Chapter 61 of the Wisconsin Statutes of 1961 [Wis. Stats. § 61.19], and Charter Ordinance No. 4 of the Village of Brown Deer which are inconsistent with the following provisions of this charter ordinance.

SECTION II. Pursuant to S 61.195 and S 66.01, Wisconsin Statutes of 1961 [Wis. Stats. §§ 61.195, 66.01], the office of Village Treasurer of the Village of Brown Deer shall, after the first Tuesday of April, 1964, cease to be elective and shall be filled by appointment of the Village Manager. The Village Treasurer shall be appointed by the Village Manager for a term of indefinite duration, subject to termination at the election of the Village Manager. Such appointment or termination shall be subject to confirmation by the Village Board.

SECTION III. Pursuant to S 61.195 and S 66.01, Wisconsin Statutes of 1961 [Wis. Stats. §§ 61.195, 66.01], the office of Village Assessor of the Village of Brown Deer shall be filled by appointment of the Village Manager. The Village Assessor shall be appointed for a term of indefinite duration, subject to termination at the election of the Village Manager. Such appointment or termination shall be subject to confirmation by the Village Board.

SECTION IV. Pursuant to S 61.195 and S 66.01, Wisconsin Statutes of 1961 [Wis. Stats. §§ 61.195, 66.01], the Village Board may, after the first Tuesday of April, 1964, by ordinance or resolution, consolidate the offices of Village Assessor and Village Treasurer into an office to be known as Village Comptroller. In the event the office of Village Comptroller is created, all or the rights, powers, duties, and obligations of Village Assessor and Village Treasurer shall devolve upon and be exercised by the Village Comptroller. The Village Comptroller shall be appointed by the Village Manager for a term of indefinite duration subject to termination at the election of the Village Manager. Such appointment or termination shall not be subject to confirmation by the Village Board.

PASSED AND ADOPTED by the Village Board of the Village of Brown Deer, Milwaukee County, Wisconsin, on this 17th day of June, 1963.

Thomas E. Dolan, President

Countersigned:

Kenneth R. Mahony, Clerk

CHARTER ORDINANCE NO. 9
[DEPARTMENT AND DIRECTOR OF PUBLIC SAFETY]

A Charter Ordinance combining the offices of Chief of Police and Chief of the Fire Department; creating the Office of Director of Public Safety; creating the Department of Public Safety; repealing and recreating Ordinance No. 63-19; and amending Ordinance No. 62-14 and Ordinance No. 63-16-A.

Editor's note— Charter Ordinance No. 9, adopted July 10, 1967, pertaining to the Chief of Police, Chief of the Fire Department, Director of Public Safety, and Department of Public Safety, was repealed by Charter Ordinance No. 10.

CHARTER ORDINANCE NO. 10
[REPEALS CHARTER ORDINANCE NO. 9]

A Charter Ordinance repealing Charter Ordinance No. 9 which previously consolidated the offices of Chief of Police and Chief of the Fire Department and created the Office of Director of Public Safety and also created the Department of Public Safety.

THE VILLAGE BOARD OF THE VILLAGE OF BROWN DEER DO ORDAIN AS FOLLOWS:

SECTION I. Repealed. Pursuant to Section 66.01, Wisconsin Statutes [Wis. Stats. § 66.01], Charter Ordinance No. 9 is hereby repealed.

SECTION II. Department of Public Safety dissolved. Accordingly, the Department of Public Safety created by Charter Ordinance No. 9 is dissolved.

PASSED AND ADOPTED by the Village Board of the Village of Brown Deer, Milwaukee County, Wisconsin, on this 1st day of August, 1994.

Earl McGovern, President

Countersigned:

Paul A. Patrie, Clerk