Number
111432
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
A substitute charter ordinance relating to the duties, powers and responsibilities of the city treasurer.
Sections
3-07 am
3-08 rp
3-09 rc
3-10 rp
3-11 rc
3-13 rp
3-15 am
5-07 rp
5-08 rp
15-10 rp
Analysis
Most of the current code provisions relating to the city treasurer date back to state legislation passed in the late 1800s. This ordinance updates these provisions to accurately reflect current practices. In addition, the ordinance does the following:
1. Repeals the provision allowing the treasurer to appoint multiple deputy treasurers.
2. Modifies the provision allowing the treasurer to appoint a special deputy.
3. Repeals the provision defining the additional powers of deputy treasurers.
4. Modifies the provision regarding the funds the treasurer is to keep on hand.
5. Repeals the provision requiring the filing of monthly statements to the city comptroller.
6. Clarifies the provision regarding the powers of the deputy comptroller, clerk and treasurer.
7. Repeals the provision relating to accounts of moneys received.
8. Repeals the provision relating to negligence of duty relating to the accounts of moneys received.
9. Repeals the provision relating to reporting on the sale of land for delinquent taxes to the public debt commission.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 3-07 of the city charter is amended to read:
3-07. Treasurer: Duties. The treasurer shall receive all moneys belonging to the city, and shall keep an accurate account of [[the same]] >>those moneys<< in suitable [[books]] >>cashiering and financial management information systems<< to be provided for that purpose. >>The treasurer shall prepare financial reports as requested by the mayor and common council.<< [[He shall also, on the first Monday of each month, make a report to the common council, embracing a statement of the receipts and disbursements in his office since the last preceding monthly report, on account of the general fund and of each fund which he is required to keep distinct and separate from other funds in the city treasury; and also the total receipts and disbursements during the same time; and the condition of each of such funds at the date of the report. Such reports when made shall be published with the proceedings of the common council when the common council shall so direct.]]
Part 2. Section 3-08 of the city charter is repealed.
Part 3. Section 3-09 of the city charter is repealed and recreated to read:
3-09. Treasurer: Special Deputy. The city treasurer may appoint and designate a competent person within his or her office to serve as special deputy city treasurer with authority to act in his or her stead in all matters without additional compensation. The appointment shall be in writing and copies filed with the city clerk. This authority may be revoked and amended in the same manner. The special deputy may perform any and all acts required by law of the city treasurer. The city treasurer shall be responsible for all acts of the special deputy and may require that additional bonds be furnished to assure faithful performance. The special deputy shall, before entering upon his or her duties, take the oath required of city officers.
Part 4. Section 3-10 of the city charter is repealed.
Part 5. Section 3-11 of the city charter is repealed and recreated to read:
3-11. Funds on Hand in City Treasury. The city treasurer may keep on hand in the city treasury a sum sufficient to meet the operating cash needs of the city.
Part 6. Section 3-13 of the city charter is repealed.
Part 7. Section 3-15 of the city charter is amended to read:
3-15. Deputy Comptroller, Clerk, Treasurer. The comptroller, clerk and treasurer may, each, appoint a deputy, for whose acts they shall respectively be responsible. Such deputies, after taking the oath of office required to be taken by their principals, may [[, in case of the sickness or absence of their principals,]] respectively perform all the duties imposed by law or the ordinances of the city, on said principals respectively; and shall likewise be subject to the same liabilities and penalties.
Part 8. Sections 5-07 and 08 of the city charter are repealed.
Part 9. Section 15-10 of the city charter is repealed.
Part 10. This is a charter ordinance and shall take effect 60 days after its passage and publication, unless within such 60 days a referendum petition is filed as provided in s. 66.0101(5), Wis. Stats., in which event this ordinance shall not take effect until submitted to a referendum and approved by a majority of the electors voting thereon.
LRB
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: ______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
Requestor
Office of the Treasurer
Drafter
LRB136874-2
Mary E. Turk
4/17/2012