[HISTORY: Adopted by the Village Board of Trustees 10-4-1993 (Title 2, Ch. 2, of the 1993
Code of Ordinances), as amended through 2-17-2015. Subsequent amendments noted where applicable.]
The Trustees of the Village of Spencer shall constitute the
Village Board. The Village Board shall be vested with all the powers
of the Village not specifically given some other officer, as well
as those powers set forth elsewhere throughout this Code.
A.
Election, term, number. The Village of Spencer shall have six Trustees
in addition to the President, who is a Trustee by virtue of his office
as President. The six Trustees shall constitute the Village Board.
Three Trustees shall be elected at each annual spring election for
a term of two years, commencing on the third Tuesday of April in the
year of their election. Members of the Village Board shall be residents
of the Village at the time of their election and during their terms
of office.[1]
B.
Appointment as President. A Village Trustee shall be eligible for
appointment as Village President to fill an unexpired term.
A.
Election. The Village President shall be elected at the annual spring
election in odd-numbered years for a term of two years, commencing
on the third Tuesday of April in the year of his election.
B.
Duties. The Village President shall by virtue of his office be a
Trustee and preside at all meetings of the Board, have a vote as Trustee,
and sign all ordinances, rules, bylaws, regulations and commissions
adopted or authorized by the Board and all orders drawn on the treasury.
He shall maintain peace and good order, see that the Village ordinances
are faithfully obeyed, and, in case of disturbance, riot or other
apparent necessity, appoint as many special marshals as he shall deem
necessary, who for the time being shall possess all the powers and
rights of constables.
A.
Committee appointments. Standing committees of the Village are appointed
by the Village President, subject to confirmation by the Village Board.
The appointments to each committee shall be made at the annual organizational
meeting of the Village Board. Standing committees shall review such
matters as may be referred to them by the Village Board and shall
submit recommendations for Board action.
B.
Committees established. The following standing committees will be
appointed as needed with each consisting of Village Trustees to address
the following:[1]
C.
President to designate Chairpersons; committees-of-the-whole; special
committees.
(1)
The Village President shall designate the Chairperson of standing
committees. All committee appointments except designation of Chairperson
shall be subject to confirmation by a majority vote of the Board.
(2)
All Trustees shall serve on at least one standing committee. The
Village President shall be an ex officio member of each standing committee,
or may be appointed to serve as a member of a specific committee.
(3)
The Village President may declare the entire Board a committee of
the whole for informal discussion at any meeting or for any other
purpose, and shall ex officio be Chairperson of the same.
(4)
The Village President may, from time to time, appoint such special
committee or committees as he deems advisable or as provided for by
motion or resolution by the Board stating the number of members and
object thereof to perform such duties as may be assigned to them.
All special committees shall cease to exist after the April Board
meeting unless reappointed by the Village President or extended by
the Village Board.
D.
Duties of committees. All committees shall be required to act on
all matters referred to them in a diligent manner, to carry out such
specific duties assigned to them by the Village Board.
E.
Committee reports.
(1)
All committees are subunits of the Village Board and perform no executive
or administrative Village function other than as specifically authorized
by ordinance or policy adopted by the Village Board.
(2)
Each committee shall give the full Board a report on all matters
referred to it. Such report shall recommend a definite action on each
item and shall be approved by a majority of the committee. Each committee
report shall include the date, time, and place of the meeting and
the members attending. Each such committee report, verbal or written,
is deemed to be the product of the entire committee, whether any item
therein is approved unanimously or not. Each such report should provide
all necessary historical background to familiarize the Board with
the issue.
(3)
If a committee member in a particular committee disagrees with the
position taken by the committee on an issue, such member may address
the Board with the minority position. The Board shall permit one committee
member supporting the majority position equal time to address the
Board on such issue.
F.
Ambiguity of committee authority. In case of ambiguity or apparent
conflict between the preceding definition of committee authority and
a definition in these ordinances of the authority of a Village officer,
employee, board, or association, the latter shall prevail.
G.
Cooperation of Village officers. All Village officers shall, upon
request of the Chairperson of any committee, confer with the committee
and supply such information as the committee may request upon any
pending matter. A committee shall not assume responsibility for the
administration of any Village Department.
H.
Citizens' committee. All appointments to citizens' committees shall
take effect on May 1.
A.
General. The Village Board shall be vested with all the powers of
the Village not specifically given some other officer. Except as otherwise
provided by law, the Village Board shall have the management and control
of the Village property, finances, highways, streets, navigable waters
and the public service, and shall have the power to act for the government
and good order of the Village, for its commercial benefit and for
the health, safety, welfare and convenience of the public, and may
carry its powers into effect by license, regulation, suppression,
borrowing, taxation, special assessment, appropriation, fine, imprisonment
and other necessary or convenient means. The powers hereby conferred
shall be in addition to all other grants and shall be limited only
by express language.
B.
Acquisition and disposal of property. The Village Board may acquire
property, real or personal, within or without the Village, for parks,
libraries, historic places, recreation, beautification, streets, waterworks,
sewage or waste disposal, harbors, improvement of watercourses, public
grounds, vehicle parking areas and for any other public purpose; may
acquire real property within or contiguous to the Village, by means
other than condemnation, for industrial sites; may improve and beautify
the same; may construct, own, lease and maintain buildings on such
property for instruction, recreation, amusement and other public purposes;
and may sell and convey such property. Condemnation shall be as provided
by the Wisconsin Statutes.
C.
Acquisition of easements and property rights. Confirming all powers
granted to the Village Board and in furtherance thereof, the Board
is expressly authorized to acquire by gift, purchase or condemnation
under the Wisconsin Statutes any and all property rights in lands
or waters, including rights of access and use, negative or positive
easements, restrictive covenants, covenants running with land, scenic
easements and any rights for use of property of any nature whatsoever,
however denominated, which may be lawfully acquired for the benefit
of the public or for any public purpose, including the exercise of
powers granted under §§ 61.35 and 62.23, Wis. Stats.;
and may sell and convey such easements or property rights when no
longer needed for public use or protection.
D.
Village finances. The Village Board may levy and provide for the
collection of taxes and special assessments; may refund any tax or
special assessment paid, or any part thereof, when satisfied that
the same was unjust or illegal; and generally may manage the Village
finances. The Village Board may loan money to any school district
located within the Village or within which the Village is wholly or
partially located in such sums as are needed by such district to meet
the immediate expenses of operating the schools thereof, and the board
of the district may borrow money from such Village accordingly and
give its note therefor. No such loan shall be made to extend beyond
August 30 next following the making thereof or in an amount exceeding
1/2 of the estimated receipts for such district as certified by the
State Superintendent of Public Instruction and the local school clerk.
The rate of interest on any such loan shall be determined by the Village
Board.
E.
Construction of powers. Consistent with the purpose of giving to
villages the largest measure of self-government in accordance with
the spirit of the Home Rule Amendment to the Constitution, the grants
of power to the Village Board in this section and throughout this
Code of Ordinances shall be liberally construed in favor of the rights,
powers and privileges of villages to promote the general welfare,
peace, good order and prosperity of the Village and its inhabitants.
The Village Board, on behalf of the Village, may join with other
counties, villages, cities, towns or other governmental entities in
a cooperative arrangement for executing any power or duty in order
to attain greater economy or efficiency, including joint employment
of appointive officers and employees.[1]
[1]
Editor's Note: Original Sec. 2-2-7, Internal powers of the Board, of the 1993 Code of Ordinances, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II), and at that same time the two sentences of which it was comprised were added to §§ 134-18 and 134-2A, respectively.
The Village President and other Trustees who make up the Village
Board, whether operating under general or special law, may by three-fourths
vote of all the members of the Village Board determine that a salary
be paid the President, Trustees, and other Village officials and employees.
The salaries and compensation to be paid to Village officers and employees
shall be annually determined by resolution of the Village Board. Salaries
heretofore established shall so remain until changed by resolution
and shall not be increased or diminished during their terms of office.
A.
Regular meetings. Regular meetings of the Village Board shall be
held on the second Monday of each calendar month at 6:30 p.m. local
time, except when the day so designated falls on a legal holiday,
in which case the regular meeting shall be held the following day,
or at such other date and time as the Village Board shall designate.
When the Village Board designates a date and time for the regular
Board meeting, notice thereof shall be posted at the Municipal Building
in the Village of Spencer prior to such rescheduled meeting date.
All meetings of the Board shall be held at the Municipal Building,
unless specified otherwise in the minutes of the preceding meeting
or by written notice posted at the regular meeting place at least
three hours prior to any meeting. In any event, all Board meetings
shall be held within the boundaries of the Village.
Amended 5-16-2016 by Ord.
No. 2-2-9]
C.
Board minutes. The Village Administrator-Clerk/Treasurer shall keep
a record of all Board proceedings and cause the proceedings to be
published.
A.
Special meetings of the Board may be called by the Village President,
or by two Trustees filing a request with the Village Administrator-Clerk/Treasurer
at least 24 hours prior to the time specified for such meeting. The
Village Administrator-Clerk/Treasurer shall select the day for the
special meeting and immediately notify each Trustee of the time and
purpose of such meeting. The notice shall be delivered or mailed to
each Trustee personally or left at his usual place of abode a minimum
of 24 hours prior to the meeting time. The Village Administrator-Clerk/Treasurer
shall cause a record of such notice to be filed in his office prior
to the time fixed for such special meeting. No business shall be transacted
at a special meeting except for the purpose stated in the notice thereof.
Notice to the public of special meetings shall conform to the open
meeting requirements of § 61.32, Wis. Stats., and Ch. 19, Subch. V, Wis. Stats. The Village
Administrator-Clerk/Treasurer shall give notice immediately upon the
call for such meeting being filed with him.
B.
The request for any special meeting shall state the purpose for which
the meeting is to be called, and no business shall be transacted but
that for which the meeting has been called.
B.
Adjournment of meetings. An adjournment to a closed session may be
only for a permitted purpose as enumerated in § 19.85, Wis.
Stats., and must meet the other requirements of said § 19.85,
Wis. Stats.
C.
Meetings to be open. During the holding of any open session in the
regular meeting room or in the substituted meeting room, said room
and said meeting shall at all times be open and remain open to all
citizens.
D.
Closed meetings. The provisions of this Code do not prohibit the
Board or any committee thereof from having a closed meeting which
is legally convened and legally held in a room in said building other
than the official meeting room or in some other building in the Village.
A.
Four members of the Village Board shall constitute a quorum, but
a lesser number may adjourn or compel attendance of absent members
if a majority is not present. The Village President shall be counted
in computing a quorum.
B.
When the presiding officer shall have called the members to order,
the Village Administrator-Clerk/Treasurer shall proceed to call the
roll in alphabetical order, noting who are present and who are absent,
and if, after having gone through with the call, it shall appear that
a quorum is not present, the fact shall be entered in the minutes,
and the members present may adjourn to a later date in the month;
if they do not establish the next meeting date, the Village Board
shall stand adjourned to the time appointed for the next regular meeting
unless a special meeting is called sooner.
A.
Village President shall preside. The Village President shall preside
over meetings of the Village Board. In case of absence of the Village
President, the Village Administrator-Clerk/Treasurer shall call the
meeting to order, and the Trustees present shall elect one of their
number acting President.
B.
Duties. The presiding officer shall preserve order and decorum, decide
all questions of order, and conduct the proceedings of the meeting
in accordance with the parliamentary rules contained in Robert's
Rules of Order, unless otherwise provided by statute or by these rules.
Any member shall have the right to appeal from a decision of the presiding
officer. Such appeal is not debatable and must be sustained by a majority
vote of the members present, excluding the presiding officer.
A.
Agenda.
(1)
The order of business at all regular or special meetings shall be
according to the agenda prepared by the Village Administrator-Clerk/Treasurer.
All matters to be presented at a Board meeting shall be filed with
the Village Administrator-Clerk/Treasurer no later than 12:00 noon
on the Friday preceding the scheduled regular Board meeting to enable
the Village Administrator-Clerk/Treasurer to prepare the agenda and
all attachments and distribute the same to the Village Board. Matters
filed after 12:00 noon on the Friday preceding the Board meeting will
not be placed upon the agenda. The President may waive the filing
deadline for emergency cause shown.
(2)
A submitting department shall include copies of all material necessary
to consider the agenda item.
(3)
The Village President shall advise the Village Administrator-Clerk/Treasurer
whether to include an item on the agenda, except that the Trustees
calling a special meeting shall decide which items shall be first
considered at such special meeting.
(4)
The Village Administrator-Clerk/Treasurer shall afford the Trustees
maximum reasonable notice of agenda items as each situation allows.
B.
Order of business. Generally, the following order may be observed
in the conduct of all regular Board meetings:
(1)
Call to order.
(2)
Roll call.
(3)
Reading of minutes from previous meetings.
(4)
Visitors' request.
(5)
New and unfinished business including the introduction of ordinances
and resolutions.
(6)
Invoices with headings for general fund, water utility, sewer utility,
and total amount.
(8)
Closed or executive session(s) as provided for in state statutes.
(9)
Reconvene into open session.
(10)
Other business as authorized by law.
(11)
Adjournment.
C.
Order to be followed. No business shall be taken up out of order
unless authorized by the Village President or by majority consent
of all Trustees and in the absence of any debate whatsoever.
A.
Ordinances. All ordinances and resolutions shall be prepared as follows:
(1)
Each ordinance or resolution shall include a note stating the purpose
thereof prepared by the sponsor. All ordinances submitted to the Board
shall be in writing and shall include at the outset a brief statement
of the subject matter and a title.
(2)
The sponsor of an ordinance or resolution may be the President, one
or more Trustees, a department head or a committee, board or commission.
The Village Administrator-Clerk/Treasurer or the Village Attorney
may sponsor ordinances or resolutions when changes in state law make
it necessary or desirable for the Village to act rapidly.
(3)
Each ordinance or resolution may contain both a recommended referral
to appropriate subunits of the Board and a fiscal note showing the
contemplated fiscal impact, if any, of the proposal.
(4)
On ordinances or resolutions that require special adoption procedures,
the Village Administrator-Clerk/Treasurer shall assure that an editorial
note is prepared showing compliance with such special handling.
(5)
All ordinances and resolutions shall be delivered to the Village
Administrator-Clerk/Treasurer at least two days prior to the meeting
time. The Village Administrator-Clerk/Treasurer may reject any ordinance
or resolution from placement on the agenda which fails to comply with
this section.
(6)
Resolutions shall be in writing at the request of one Trustee; such
request shall be nondebatable.
(7)
Unless requested by a Trustee before a final vote is taken, no ordinance,
resolution or bylaw need be read in full.
(8)
Resolutions may be referred to an appropriate standing committee
for an advisory recommendation.
B.
Subject and numbering of ordinances. Each ordinance shall be related
to no more than one subject. Amendment or repeal of ordinances shall
only be accomplished if the amending or repealing ordinance contains
the number and title of the ordinance to be amended or repealed, and
title of amending and repealing ordinances shall reflect their purpose
to amend or repeal.
C.
Notice. The Village Board may take action on an ordinance only if
it appears on the written agenda for the meeting at which action is
requested.
D.
Disposition of petitions, communication, etc. Every petition or other
writing of any kind addressed to the Village Board or to the Village
Administrator-Clerk/Treasurer or other Village officer for reference
to the Village Board shall be delivered by such other Village officer
to the Village President or to the presiding officer of the Board
as soon as convenient after receipt of same, and, in any event, prior
to or at the opening of the next meeting of the Village Board following
the receipt of same. Every such petition, or other writing, and every
paper, communication or other proceeding which shall come before the
Board for action, may be referred by the Village President or presiding
officer to the appropriate committee or commission, unless objected
to by some member of the Board.
E.
Reference and reports. The presiding officer may refer new business
coming to the Board to the appropriate Board committee unless otherwise
referred or acted upon by the Village Board. All referrals, unless
otherwise provided for in the referral, shall be reported on at the
next regular Board meeting. Village Board motions based upon committee
or commission action is permissible only on items specifically on
the agenda.
A.
All general ordinances of the Village and all regulations imposing
any penalty shall be published, either in entirety or by notice as
provided in § 61.50(1), Wis. Stats., in the official paper
of the Village once or posted according to state law, and shall be
immediately recorded by the Village Administrator-Clerk/Treasurer
in a book kept for that purpose and/or the Village Code of Ordinances.
A printed copy of such ordinance or regulation in any book, pamphlet
or newspaper and published or purporting to be published therein by
direction of the Village Board shall be prima facie proof of due passage,
publication and recording thereof.[1]
B.
All ordinances shall take effect and be in force from and after passage
and publication/posting thereof, unless otherwise provided.
A.
Roll call votes. A roll call shall not be necessary on any questions
or motions except as follows:
(1)
When the ayes and noes are requested by any member.
(2)
On confirmation and on the adoption of any measure assessing or levying
taxes, appropriations or disbursing money or creating any liability
or charge against the Village or any fund thereof in excess of $10,000.
(3)
When required by the state statutes of Wisconsin.
B.
Record of votes. All aye and nay votes shall be recorded in the official
minutes. The ayes and nays shall be ordered upon any question at the
request of any member of the Village Board or the President, and the
Village Administrator-Clerk/Treasurer shall call the roll in alphabetical
order.[1]
C.
Parliamentary procedure. Except as provided below, the Village Board
shall in all other respects determine the rules of its procedure,
which shall be governed by Robert's Rules of Order, Revised,
which is hereby incorporated by reference, unless otherwise provided
by ordinance or statute, except when otherwise limited or modified
by this Code of Ordinances:[2]
(1)
No Trustee shall address the Board until he has been recognized by
the presiding officer. He shall thereupon address himself to the Board
and confine his remarks to the question under discussion and avoid
all personalities.
(2)
When two or more members simultaneously seek recognition, the presiding
officer shall name the member who is to speak first.
(3)
No person other than a member shall address the Board except under
order of business, except the citizens may address the Board with
permission of the presiding officer as to matters which are being
considered by the Board at the time.
(4)
When a question is in debate, no action shall be in order except:
(5)
The movant may request leave to withdraw a motion at any time prior
to voting on the question. Such a request requires no second. If any
member objects, the presiding officer shall put the question of granting
the request to a vote.
D.
Compelling votes. No member may be compelled to vote. When a member
abstains from voting, the effect is the same as if the member voted
on the prevailing side. The "prevailing side" is defined as the votes
accumulated which resulted in carrying or defeating a question. In
case of a tie vote (not including the abstention), the abstaining
vote is considered a "nay." In case of a vote requiring approval by
more than a simple majority, an abstaining vote is considered an "aye."
E.
Majority vote. Unless a larger number is required by statute, ordinance
or bylaw, a majority vote of those present at a legally constituted
meeting is necessary to carry a question.
Any member voting on the prevailing side may move for reconsideration
of any question except those which cannot be reconsidered pursuant
to Robert's Rules of Order, Revised.
The Village Board has the power to preserve order at its meetings.
Whenever any disturbance or disorderly conduct shall occur in any
of the meetings of the Board, the President may cause the room to
be cleared of all persons causing such disorderly conduct.
These rules shall not be suspended except by a two-thirds vote
of all the members of the Board.