TOWN OF ST. JOSEPH CLERK/TREASURER JOB DESCRIPTION

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1 POSITION TITLE: TOWN OF ST. JOSEPH CLERK/TREASURER JOB DESCRIPTION Town of St. Joseph Town Clerk/Treasurer DATE OF LAST APPROVAL BY TOWN BOARD: November 8, 2012 REPORTS TO: Town Board OVERVIEW The salaried position available is a combined Clerk/Treasurer position. The duties of Clerk and Treasurer are displayed separately below for clarification. CLERK RESPONSIBILITIES CLERK POSITION SUMMARY: The Town Clerk performs the statutory duties of the Town Clerk as provided in section of the Wisconsin Statutes, attached as Appendix A of this document, and other related statutes as well as the duties contained in Town ordinances, resolutions and polices that may be enacted by the Town Board or Town meeting. It is the responsibility of the Clerk to review, understand and follow these regulations as well as to keep abreast of any updates to them. Primary Function. The primary function of the Clerk is to serve as the public face and first line of contact for the Town in overseeing the day-to-day operations of the Town business and Town Hall under the direction of the Town Board. The responsibilities of the Clerk fall into several general categories as listed below. 1. General Duties. Handles correspondence and inquiries received by the Town from a variety of sources Advises the Town Board of upcoming vacancies in various Town offices or positions Establishes and maintains personnel files for Town employees and others and establishes and maintains other employment related records Completes the reports as required by federal, state and St. Croix County regulatory bodies Provides information and assistance to the Plan Commission and other public bodies as necessary Maintains a backup of computer records Maintains and updates Town web site Informs and updates Town Board on Town activities on a regular basis Performs routine clerical tasks, i.e. typing, photocopying, answering the phone, and responds to walk-in requests for services and others as situations may arise Attends various training sessions, meetings and seminars as directed or scheduled and approved by the Town Board Takes and files the official oath and bond as provided in section of Wisconsin Statutes 2. Supportive Services to the Town Board Facilitates various Town meetings by preparation of the required documents, i.e. agendas, minutes, etc. Facilitates bid, RFP, etc. openings Schedules interviews for job openings Provides clerical support to the Town Board and maintains records of the Town Board Researches questions and obtains information for the Board at their request Carries out the lawful directives of the Town Board, the Plan Commission and other public bodies as necessary 1

2 CLERK/TREASURER JOB DESCRIPTION CLERK RESPONSIBILITIES 3. Legal Duties. Serves as Clerk of the Annual Town Meeting, any other Town meetings and the Town Board meetings; keeps a full record of those proceedings as well as all orders, resolutions and directions made at any Town or Town Board meetings Notifies appointees of their appointment and keeps records of appointments Researches local, county and state record files, statutes, administrative rules, ordinances, policies, etc. as dictated by the needs of the Town Acts as custodian of the public records of the Town as provided by section of Wisconsin Statutes and related statutes Determines what Town information is available for disbursement under a request for information from various people and entities Maintains custody of and is responsible for all oaths, bonds, records, files, papers and property required to be deposited with the position Responsible for the disposal of obsolete records as authorized by state statutes Assists the Town Building Inspector, Town Engineer and Town Attorney as necessary 4. Election Duties. Performs duties prescribed for local clerks in the election laws, Chapters 5-12, of Wisconsin Statutes 5. Financial Duties. Receives bills and claims against the Town, examines and validates each document, verifies the appropriate budget appropriation, issues the order to pay each bill, and disburses checks after approval of expenditures by the Town Board Compiles timesheets; maintains and updates payroll records Assists with preparation of annual budget Certifies the levy to the appropriate authorities Files the accounts approved by the Town Board or allowed at Town meetings and enters a statement of the accounts in the Town s record books Prepares all tax documents in compliance with Wisconsin Statutes Apportions tax revenues collected by the Town to the various entities as required by law Provides information and assistance to the Town Assessor and the Board of Review 6. Notices Publishes and/or posts ordinances and resolutions as required under section of the Wisconsin Statutes Publishes bids, RFP s, job openings and other town business notices as required or requested Provides all appropriate notices as required by Wisconsin statute and Town regulations 7. Licenses. Issues licenses or permits granted by the Town Board upon presentation of a receipt showing that any required fee has been paid Sends and reviews applications for tobacco licenses, operator s licenses and alcohol licenses 8. Schools. Performs the Clerk s duties relating to public instruction under Wisconsin Statutes Chapters Deputy Clerk. May appoint a deputy Town Clerk, who must take and file an oath of office and official bond 10. Other Duties as Required by the Town Board. Performs other required duties as assigned by the Town Board pursuant to section 60.33(11) of the Wisconsin Statutes 2

3 CLERK/TREASURER JOB DESCRIPTION TREASURER RESPONSIBILITIES TREASURER S POSITION SUMMARY: The Town Treasurer performs the statutory duties of the Town Treasurer as provided in section of the Wisconsin Statutes, attached as Appendix B of this document, and other related statutes as well as the duties contained in Town ordinances, resolutions and polices that may be enacted by the Town Board or Town meeting. It is the responsibility of the Town Treasurer to review, understand and follow these regulations as well as to keep abreast of any updates to them. Primary Function The Treasurer maintains the Town s financial system, administers Town finances and maintains records in compliance with federal and state statutes as well as St. Croix County and Town ordinances. The responsibilities of the Treasurer are listed below. Directs, coordinates and supervises the financial activities for the Town Deposits, as soon as practicable, the funds of the Town in the public depository designated by the Town Board Manages the loans and bonds as authorized by the Town Conducts banking transactions and reconciliations for Town accounts Assists the Finance Committee with maintaining the Town s investment policy Processes, reconciles and audits all audits, accounts payable and receivable, and cash received Ensures that expenditures do not exceed appropriations Maintains and updates payroll records Files required tax reports Complies with mandates and processes as directed by the St. Croix County Treasurer and the Wisconsin Department of Revenue Prepares monthly financial reports for the Town Board showing the current budget versus actual numbers and other reports as requested Prepares, in cooperation with the Finance Committee, policies, procedures and systems necessary to ensure that effective controls are in place to protect the financial affairs of the Town Works closely with the Town Clerk to obtain all the information needed for the Town auditors Retains all public records that are required by Town, County, State, or Federal regulations Attends various training sessions, meetings and seminars as directed or scheduled by the Town Board Takes and files the official oath and bond as provided in section of the Wisconsin Statutes May appoint a deputy Town Treasurer who must take and file an oath of office and official bond Completes other assigned duties as directed by the Town Board 3

4 CLERK/TREASURER JOB DESCRIPTION Requirements, Skills, Experience Requirements Strong listening, verbal and written communication and organizational skills Strong attention to detail Ability to work professionally and congenially with a wide variety of people in multiple situations Ability to report events in an unbiased manner Independent decision making skills Demonstrated ability to manage capable adults in a workplace setting Financial/Budgeting experience in a business setting Demonstrated ability to read and understand legal documents and directives Demonstrated ability to research legal issues Bondable Able to become Notary Public Must have a valid Driver s License Preferred Skills Prior office management experience Experience in municipal accounting Experience with Roberts Rules of Order Experience with Wisconsin town government issues and parameters College degree Bachelor s degree or higher Grant writing experience Computer Experience Computer literacy including MS Office Suite, Outlook, and Internet Explorer Experience with accounting software - preferably QuickBooks Experience with complex relational database preferably SVRS Able to use and operate other electronic equipment, such as copiers, election equipment and audio equipment Physical Demands Sit or stand for long periods of time in a general office environment Some weeks require long, irregular hours and evening duties Infrequent lifting of 40 pounds Further Requirements There will be background checks performed as a condition of employment There will be a required skills test to be completed at the Town Hall before any application will be submitted to the Town Board for consideration There will be a 6 month Introductory Period at the beginning of this appointment after which the Town Board may continue the appointment for an additional 6 months or choose to restart the application process An Employee Agreement will be signed with the employee 4

5 Appendix A WisStat Sections Applying to the Clerk Section of Wisconsin Statutes Duties of town clerk. The town clerk shall: 1. CLERK OF TOWN MEETING. Serve as clerk of the town meeting under s CLERK OF TOWN BOARD. a. Serve as clerk of the town board, attend meetings of the board and keep a full record of its proceedings. b. 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. c. File with the town board claims approved by the clerk, as required under s (2) (c). 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. a. Perform the duties required by chs. 5 to 12 relating to elections. b. 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. c. 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. 6. NOTICES. a. Publish or post ordinances and resolutions as required under s b. Give notice of annual and special town meetings as required under ss (5) and (3). 7. RECORDS. a. Comply with subch. II of ch. 19 concerning any record of which the clerk is legal custodian. b. 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. 8. LICENSES. 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. 9. (8m) STREET TRADE PERMITS. Stamp or endorse street trade permits at the request of an employer under s (3m) (b). 10. (8p) TRAVELING SALES CREW WORKER PERMITS. Stamp or endorse traveling sales crew worker permits at the request of an employer under s (11) (c). 11. (9) SCHOOLS. a. Perform the clerk s duties under chs. 115 to 121, relating to public instruction. b. 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. c. Make and keep in the clerk s office a map of the town, showing the exact boundaries of school districts within the town. d. Apportion, as provided by law, tax revenues collected by the town for schools. 12. (10) HIGHWAYS AND BRIDGES. Perform the duties specified in chs. 82 to 92, relating to highways, bridges and drains. 13. (10m) NOTICE OF PROPERTY TAX REVENUE. Notify the treasurer of the county in which the town is located, by February 20, of the proportion of property tax revenue and of the credits under TOWNS s that is to be disbursed by the taxation district treasurer to each taxing jurisdiction located in the town. 14. (11) IN GENERAL. Perform all other duties required by law, ordinance or lawful direction of the town meeting or town board. Section of Wisconsin Statutes Annual town meeting. (1) REQUIREMENT. Each town shall hold an annual town meeting, as provided in this section. (2) WHEN HELD. 5

6 Appendix A WisStat Sections Applying to the Clerk (a) Except as provided in par. (b), the annual town meeting shall be held on the 3rd Tuesday of April. (b) The annual town meeting may set a date different than provided under par. (a) for the next annual town meeting if the date is within 10 days after the 3rd Tuesday of April. NOTE: Sub. (2) is shown as amended eff by 2011 Wis. Act 115. Prior to it reads: (2) When held. (a) Except as provided in par. (b), the annual town meeting shall be held on the 2nd Tuesday of April. (b) The annual town meeting may set a date different than provided under par. (a) for the next annual town meeting if the date is within 10 days after the 2nd Tuesday of April. (3) WHERE HELD. (a) The annual town meeting may be held in the town or in any other town, village, or city in the same county or in an adjoining county. (b) The annual town meeting shall be held at the location of the last annual town meeting unless the location is changed by the town board. If the town board changes the location, it shall publish a class 2 notice under ch. 985 stating the location of the meeting, not more than 20 nor less than 15 days before the date of the meeting. (4) ADJOURNMENT. The annual town meeting may be recessed to a time and date certain if the resumed meeting is held within 30 days after the date of the meeting originally scheduled under sub. (2). (5) NOTICE. No public notice of an annual town meeting is required if held as provided under sub. (2) (a). If held as provided under sub. (2) (b), notice of the time and date of the meeting shall be given under s (3). (6) JURISDICTION. An annual town meeting may transact any business over which a town meeting has jurisdiction. (7) POLL LIST. An annual town meeting may require the clerk of the town meeting to keep a poll list with the name and address of every elector voting at the meeting. If an elector of the town obtains a confidential listing under s (2) and presents an identification card issued under s (3), the clerk shall record the identification serial number of the elector in lieu of the elector's address. Section of Wisconsin Statutes Special town meetings. (1) WHO MAY CONVENE. A special town meeting may be convened if: (a) Called by a town meeting. (b) A written request, signed by a number of electors equal to not less than 10% of the votes cast in the town for governor at the last general election, is filed with the town clerk. (c) Called by the town board. (2) TIME, DATE AND PURPOSE TO BE STATED. If a special town meeting is requested or called under sub. (1), the time, date and purpose of the meeting shall be stated in the request or as part of the call. (3) NOTICE. The town clerk shall, not more than 20 nor less than 15 days before the date of a special town meeting, publish a class 2 notice of the meeting under ch The notice shall state the purpose, date, time and location of the meeting. If notice is posted, the same time and content requirements apply. (4) LOCATION. (a) A special town meeting may be held in the town or in any other town, village, or city in the same county or in an adjoining county. (b) A special town meeting shall be held where the preceding annual town meeting was held, unless the location is changed by the town board. (5) ADJOURNMENT. A special town meeting may be recessed to a time and date certain if the resumed meeting is held within 30 days after the date of the originally scheduled meeting. (6) JURISDICTION. Any business which may be transacted at an annual town meeting may be transacted at a special town meeting. Section of Wisconsin Statute Clerk. The town clerk shall serve as clerk of the town meeting. If the town clerk is absent, the deputy town clerk shall serve as town meeting clerk. If the deputy clerk is absent, the town meeting chairperson shall appoint a clerk for the meeting. The clerk of the town meeting shall keep minutes of the proceedings. The clerk of the town meeting shall keep a poll list if required by the annual town meeting under s (7). The town meeting minutes shall be signed by the clerk of the town meeting and filed in the office of the town clerk within 5 days after the meeting. Section of Wisconsin Statute Official oath and bond. (1) Official oath. Except as provided in sub. (3), every elected or appointed town officer shall take and file the oath under s 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 6

7 Appendix A WisStat Sections Applying to the Clerk 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 (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. (3) Exceptions. (a) An elected assessor shall take and file the official oath and bond at any time between May 27 to May 31. (b) Municipal judges shall take and file the official oath and bond under s (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. Section of Wisconsin Statutes Deputy town clerk. Each town clerk may appoint one or more deputies for whom the town clerk is responsible. A deputy shall take and file the official oath and bond under s The town clerk may designate a deputy to perform the clerk s duties during the absence, sickness or other disability of the clerk. Section of Wisconsin Statutes Claims against town. (1) GENERAL PROCEDURE. (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 (1d) (b). This paragraph does not apply to actions commenced under s , or (b) The town board shall allow or disallow the claim. Notice of disallowance shall be made as provided under s (1g). (2) ALTERNATIVE PROCEDURE. (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 after the town clerk reviews and approves in writing each bill or voucher as a proper charge against the treasury, after having determined that: 1. Funds are available under the town budget to pay the bill or voucher. 2. The item or service covered by the bill or voucher has been duly authorized. 3. The item or service covered by the bill or voucher has been supplied or rendered in conformity with the authorization. 4. The claim appears to be a valid claim against the town. (b) The town clerk may require submission of proof to determine compliance with the conditions under par. (a) 1. to 4. (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. (3) COURT ACTIONS TO RECOVER CLAIMS.Subsection (2), or an ordinance adopted under that subsection, does not affect the applicability of s No action may be brought or maintained against a town upon a claim unless the claimant complies with s This subsection does not apply to actions commenced under s , or Section of Wisconsin Statutes Publication or posting of ordinances and resolutions. (1) GENERAL REQUIREMENT. The town clerk shall publish either in its entirety, as a class 1 notice under ch. 985, or as a notice, as described under sub. (5) (b), or post in at least 3 places in the town likely to give notice to the public, the following, within 30 days after passage or adoption: (a) Resolutions, motions and other actions adopted by the town meeting, or in the exercise of powers, under s (b) Ordinances adopted by the town board. (c) Resolutions of general application adopted by the town board and having the effect of law. (1m) EXCEPTION FOR MUNICIPAL OBLIGATIONS. Nothing under sub. (1) may be deemed to require notice under this subsection of the passage of any resolution authorizing the issuance of municipal obligations, as defined under s (6). (2) REQUIREMENT FOR FORFEITURES. If an ordinance imposes a forfeiture, posting may not be used in lieu of publication under sub. (1). (3) EFFECTIVE UPON PUBLICATION. An ordinance, resolution, motion or other action required to be published or posted under this section shall take effect the day after its publication or posting, or at a later date if expressly provided in the ordinance, resolution, motion or action. 7

8 Appendix A WisStat Sections Applying to the Clerk (4) AFFIDAVIT OF POSTING. If an ordinance, resolution, motion or other action is posted under this section, the town clerk shall sign an affidavit attesting that the item was posted as required by this section and stating the date and places of posting. The affidavit shall be filed with other records under the jurisdiction of the clerk. (5) REQUIREMENTS FOR NOTICE. (a) In this subsection, "summary" has the meaning given in s (1m) (a). (b) A notice of a resolution, motion, ordinance, or action that may be published under this subsection shall be published as a class 1 notice under ch. 985 and shall contain at least all of the following: 1. The number and title of the resolution, motion, ordinance, or action. 2. The date of enactment. 3. A summary of the subject matter and main points of the resolution, motion, ordinance, or action. 4. Information as to where the full text of the resolution, motion, ordinance, or action may be obtained, including the phone number of the town clerk, a street address where the full text of the resolution, motion, ordinance, or action may be viewed, and a Web site, if any, at which the resolution, motion, ordinance, or action may be accessed. Section (7) of Wisconsin Statutes Withdrawl or disbursement from the local treasury No order may be issued by a county, city, village, town, special purpose district, school district, cooperative education service agency or technical college district clerk in excess of funds available or appropriated for the purposes for which the order is drawn, unless authorized by a resolution adopted by the affirmative vote of two-thirds of the entire membership of the governing body. Section of Wisconsin Statutes Wisconsin State Tax Relief This section contains responsibilities and deadlines for both the Clerk and Treasurer about reports and receiving moneys from the state. It s lengthy and detailed and probably can be dealt with in the job description in generalities. Do read it for information. Section of Wisconsin Statutes Permits and identification cards. (3m)(b) A house-to-house employer shall have a copy of the street trade permit issued for the minor stamped or endorsed by the clerk of any municipality where the minor conducts a street trade from house to house. Section of Wisconsin Statutes Regulation of traveling sales crews (11)(c) Before an employer may permit a traveling sales crew worker of the employer to engage in traveling sales crew activities in any city, village, or town, the employer shall obtain from the clerk of the city, village, or town a stamp or endorsement on the permit obtained under par. (a) 1. of the traveling sales crew worker. When an employer obtains that stamp or endorsement, the employer shall provide notice that traveling sales crew workers of the employer will be engaging in traveling sales crew activities in that city, village, or town to the following: 1. The local police department, if the city, village, or town has a police department. 2. To the sheriff of the county where the city, village, or town is located, if the city, village, or town does not have a police department. Wisconsin Statutes Chapters Affecting Clerk Position These are lengthy. Please read them. 1. Chapter 19 Subchapter II deals with Public Records and Property. 2. Chapters 5-12 deal with Elections. 3. Chapters deal with Highways and Bridges, Drains and Fences, Farmland Preservation, Soil and Water Conservation and Animal Waste Management. 4. Chapters deal with Schools. 8

9 Appendix B WisStat Sections Applying to the Treasurer Section of Wisconsin Statutes Duties of town treasurer. The town treasurer shall: (1) RECEIVE AND DISBURSE TOWN MONEY. (a) Except as provided in s , receive and take charge of all money belonging to the town, or which is required by law to be paid into the town treasury, and disburse the money under s (b) Keep an itemized account of all moneys received and disbursed, specifying the source from which it was received, the person to whom it was paid and the object for which it was paid. The treasurer shall issue numbered receipts for all funds received. At the request of the town board, the treasurer shall present the account books, and any supporting documents requested, to the board. (2) DEPOSIT OF TOWN MONEY. (a) Deposit as soon as practicable the funds of the town in the name of the town in the public depository designated by the town board. Failure to comply with this paragraph is grounds for removal from office. (b) When money is deposited under par. (a), the treasurer and the treasurer s sureties are not liable for any loss as defined in s (2). The interest arising from the money deposited shall be paid into the town treasury. (3) RECORDS. Comply with subch. II of ch. 19 concerning records of which the treasurer is legal custodian. (4) TAXES. Perform all of the duties relating to taxation required of the town treasurer under chs. 70 to 79. Section of Wisconsin Statutes Deputy town treasurer. Each town treasurer may appoint a deputy for whom the treasurer is responsible. The deputy shall take and file the official oath and bond under s In case of the absence, sickness or other disability of the treasurer, the deputy shall perform the treasurer s duties. Section of Wisconsin Statutes Withdrawal or disbursement from local treasury. (1) Except as otherwise provided in subs. (2) to (5) and in s , in a county, city, village, town, or school district, all disbursements from the treasury shall be made by the treasurer upon the written order of the county, city, village, town, or school clerk after proper vouchers have been filed in the office of the clerk. If the statutes provide for payment by the treasurer without an order of the clerk, the clerk shall draw and deliver to the treasurer an order for the payment before or at the time that the payment is required to be made by the treasurer. This section applies to all special and general provisions of the statutes relative to the disbursement of money from the county, city, village, town, or school district treasury except s (2). (2) Notwithstanding other law, a county having a population of 500,000 or more may, by ordinance, adopt any other method of allowing vouchers, disbursing funds, reconciling outstanding county orders, reconciling depository accounts, examining county orders, and accounting consistent with accepted accounting and auditing practices, if the ordinance prior to its adoption is submitted to the department of revenue, which shall submit its recommendations on the proposed ordinance to the county board of supervisors. (3) Except as provided in subs. (2), (3m) and (5), disbursements of county, city, village, town or school district funds from demand deposits shall be by draft or order check and withdrawals from savings or time deposits shall be by written transfer order. Written transfer orders may be executed only for the purpose of transferring deposits to an authorized deposit of the public depositor in the same or another authorized public depository. The transfer shall be made directly by the public depository from which the withdrawal is made. No draft or order check issued under this subsection may be released to the payee, nor is the draft or order check valid, unless signed by the clerk and treasurer. No transfer order is valid unless signed by the clerk and the treasurer. Unless otherwise directed by ordinance or resolution adopted by the governing body, a certified copy of which shall be filed with each public depository concerned, the chairperson of the county board, mayor, village president, town chairperson or school district president shall countersign all drafts or order checks and all transfer orders. The governing body may also, by ordinance or resolution, authorize additional signatures. In lieu of the personal signatures of the clerk and treasurer and any other required signature, the facsimile signature adopted by the person and approved by the governing body may be affixed to the draft, order check or transfer order. The use of a facsimile signature does not relieve an official from any liability to which the official is otherwise subject, including the unauthorized use of the facsimile signature. A public depository is fully warranted and protected in making payment on any draft or order check or transferring pursuant to a transfer order bearing a facsimile signature affixed as provided by this subsection notwithstanding that the facsimile signature may have been affixed without the authority of the designated persons. (3m) A county, city, village, town or school district may process periodic payments through the use of money transfer techniques, including direct deposit, electronic funds transfer and automated clearinghouse methods. The county, municipal or school district treasurer shall keep a record of the date, payee and amount of each disbursement made by a money transfer technique. (4) Except as provided in sub. (3m), if a board, commission or committee of a county, city, village, town or school district is vested by statute with exclusive control and management of a fund, including the audit and approval of payments from the fund, independently of the governing body, payments under this section shall be made by drafts or order checks issued by the county, city, village, town or school clerk upon the filing with the clerk of certified bills, vouchers 9

10 Appendix B WisStat Sections Applying to the Treasurer or schedules signed by the proper officers of the board, commission or committee, giving the name of the claimant or payee, and the amount and nature of each payment. (5) In a 1st class city, municipal disbursements of public moneys shall be by draft, order, check, order check or as provided under sub. (3m). Checks or drafts shall be signed by the treasurer and countersigned by the comptroller. Orders shall be signed by the mayor and clerk and countersigned by the comptroller, as provided in the charter of the city. Disbursements of school moneys shall be as provided by s (6) Withdrawal or disbursement of moneys deposited in a public depository as defined in s (5) by a treasurer as defined in s (7), other than the elected, appointed or acting official treasurer of a county, city, village, town or school district, shall be by endorsement, written order, draft, share draft, check or other draft signed by the person or persons designated by written authorization of the governing board as defined in s (1). The authorization shall conform to any statute covering the disbursement of the funds. A public depository is fully warranted and protected in making payment in accordance with the latest authorization filed with it. (7) No order may be issued by a county, city, village, town, special purpose district, school district, cooperative education service agency or technical college district clerk in excess of funds available or appropriated for the purposes for which the order is drawn, unless authorized by a resolution adopted by the affirmative vote of two-thirds of the entire membership of the governing body. Section of Wisconsin Statutes Municipal treasurer's bond; substitute for. (1) The treasurer of each town, city or village shall, unless exempted under sub. (2), execute and deliver to the county treasurer a bond, with sureties, to be approved, in case of a town treasurer, by the chairperson of the town, and in case of a city or village treasurer by the county treasurer, conditioned for the faithful performance of the duties of the office and that the treasurer will account for and pay over according to law all taxes of any kind which are received and which are required to be paid to the county treasurer. If such bond is executed, or the condition thereof guaranteed by personal sureties, the amount of the bonds shall be double the amount of state and county taxes apportioned to the town, village or city, provided that the amount of such bond shall not exceed the sum of $500,000. When such bond is executed, or the condition thereof guaranteed, solely by a surety company as provided in s (2), such bond shall be in a sum equal to the amount of such state and county taxes, provided that the amount of such bond shall not exceed the sum of $250,000. The county treasurer shall give to said town, city or village treasurer a receipt for said bond, and file and safely keep said bond in the office. (2) The treasurer of any municipality shall not be required to give such bond if the governing body thereof shall by ordinance obligate such municipality to pay, in case the treasurer thereof shall fail so to do, all taxes of any kind required by law to be paid by such treasurer to the county treasurer. Such governing body is authorized to so obligate such municipality. If the governing body of the municipality has adopted an ordinance as specified in this subsection, it may demand from its treasurer, in addition to the official bond required of all municipal treasurers, a fidelity or surety bond in an amount and upon such terms as may be determined by the governing body. Such bond shall run to the town or village board or the city council, as the case may be, and shall be delivered to the clerk of the municipality. A certified copy of such ordinance filed with the county treasurer shall be accepted by the county treasurer in lieu of the bond required by sub. (1). Such ordinance shall remain in effect until a certified copy of its repeal shall be filed with the county clerk and the county treasurer. The official bond executed pursuant to s , required of municipal treasurers, shall extend to and include the liability incurred by any town, city or village whose governing board shall adopt and certify to the county treasurer an ordinance in accordance with this subsection. Section of Wisconsin Statutes Official oath and bond. (1) Official oath. Except as provided in sub. (3), every elected or appointed town officer shall take and file the oath under s 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 (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. (3) Exceptions. (a) An elected assessor shall take and file the official oath and bond at any time between May 27 to May 31. (b) Municipal judges shall take and file the official oath and bond under s (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. 10