There are two referendum questions on the April 7, 2020 ballot. The Town is seeking to allow the Town Board to appoint the town clerk and the town treasurer, instead of those positions remaining elective. The reason for this request is that to be elected to either office, a person must be a resident of the town. In our small township (a hair less than 1100 people), it can be difficult to find anyone willing to serve. The current clerk is a town resident appointed on an interim basis after no one ran for the office in 2019. The appointed clerk and treasurer would have the similar protections of their independence as elected clerks and treasurers – their compensation could not be reduced during their terms of office, their terms of office have to be at least 2 years (no more than 3 years), and they cannot be fired without cause. If the appointment process is not satisfactory, the town can return to the elective system.
The town board feels that allowing the appointment of these two officers will make it less likely that a crisis situation will develop in the future, should there be no town resident willing to take on one of these offices.
The statute reads as follows:
(1e) Appointed town officers.
60.30(1e)(a)(a) Notwithstanding sub.
(1) (a) 2. and subject to pars.
(b) and
(c), a town board may enact an ordinance that provides for the appointment of a person by a majority of the members-elect of the town board, as defined in s.
59.001 (2m), to fill the office of town clerk, town treasurer, or both, or to fill the combined office of town clerk and town treasurer under s.
60.305 (1).
(b) An ordinance enacted under par.
(a) may not take effect until it is approved in a referendum called by the town board for that purpose at the next spring or general election, to be held not sooner than 70 days after the referendum is called by the town board. The referendum question shall be: “Shall the person holding the office of … [town clerk or town treasurer, or both; or the combined office of town clerk and town treasurer] in the town of … be appointed by the town board?”.
(c) If an ordinance is approved in a referendum under par.
(b), the change from an elective office to an appointive office may not take effect until the term of office of the incumbent town clerk, town treasurer, or combined town clerk and town treasurer expires. If an ordinance is approved under par.
(b) at a general election, the ordinance takes effect upon the expiration of the term or terms of the incumbent officer or officers. If an ordinance is approved under par.
(b) at a spring election at which the office of town clerk or town treasurer is filled, the ordinance takes effect upon the expiration of the term or terms of each officer who is elected at that election. A person appointed to the office of town clerk or town treasurer, or to the combined office of town clerk and town treasurer, shall serve for a term, not to exceed 3 years, that is set by the town board. The person may be reappointed and may be dismissed by the board only for cause, as defined in s.
17.001.
(d) Not sooner than 2 years after an ordinance is approved in a referendum under par.
(b), the town board may enact an ordinance to return to a system of electing the town clerk and town treasurer or the combined office of town clerk and town treasurer, under sub.
(1) (a) 2., without a referendum. If the ordinance under this paragraph is enacted on or after the date of the spring election and on or before November 1 in any year, a town clerk, town treasurer or combined town clerk and town treasurer shall be elected to succeed the appointive officer at the next spring election following enactment of the ordinance. If the ordinance is enacted on any other date, a town clerk, town treasurer or combined town clerk and town treasurer shall be elected to succeed the appointive officer at the 2nd spring election following enactment of the ordinance.
(e) Notwithstanding sub.
(1) (a) 2. and subject to pars.
(f) and
(g), a town board that is authorized to do so by a town meeting under s.
60.10 (1) (b) 2m. shall appoint, by a majority of the members-elect of the town board, as defined in s.
59.001 (2m), a person to fill the office of town clerk, town treasurer, or both, or to fill the combined office of town clerk and town treasurer under s.
60.305 (1). The town board shall make the initial appointment not less than 30 days nor more than 60 days after the annual town meeting at which the authorization is given.
(f) If a person is appointed to office under par.
(e), the person initially appointed may not take office until the term of office of the incumbent town clerk, town treasurer, or combined town clerk and town treasurer expires. A person appointed to the office of town clerk or town treasurer, or to the combined office of town clerk and town treasurer, shall serve for a term, not to exceed 3 years, that is set by the town board. The person may be reappointed and may be dismissed by the board only for cause, as defined in s.
17.001.
(g) Not sooner than 2 years after a person is appointed to office under par.
(e), the town board may enact an ordinance to return to a system of electing the town clerk and town treasurer or the combined office of town clerk and town treasurer, under sub.
(1) (a) 2. without a vote of a town meeting. An ordinance enacted under this paragraph shall follow the procedures in par.
(d).