[HISTORY: Adopted by the Village Board of the Village of
Stratford 4-12-1988 as Secs. 2-1-1 and 2-1-3 and Title 2, Ch. 2 of the 1988 Code. Amendments
noted where applicable.]
A.
Village government form. The Village of Stratford is a body corporate
and politic with the powers of a municipality at common law and governed
by the provisions of Chs. 61 and 66, Wis. Stats., laws amending those
chapters, other acts of the Legislature and the Constitution of the
State of Wisconsin.
B.
Division of government.
(1)
Legislative branch. The Village Board is the legislative branch of
the Village government. Its primary business is the passage of law
in the form of ordinances or resolutions which shall prescribe what
the law shall be, not only in relation to the particular facts existing
at the time but as to all future facts arising under it. The Village
Board shall fix the salaries of all officers and employees of the
Village and shall manage the Village's financial affairs, its
budget, its revenues and the raising of funds necessary for the operation
of the Village.
(2)
Executive branch. The Village President shall be the chief executive
officer. He shall take care that all Village ordinances and state
laws are observed and enforced and that all Village officers, boards
and commissions discharge their duties. When present, he shall preside
at the meetings of the Village Board. He shall from time to time give
the Village Board such information and recommend such measures as
he may deem advantageous to the Village.
The official Village newspaper shall be designated at the Village
Board's organizational meeting.
The Trustees of the Village of Stratford 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 Stratford 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.
B.
Appointment as President. A Village Trustee shall be eligible for
appointment as Village President to fill an unexpired term.
C.
Residency.
Members of the Village Board shall be residents of the Village at
the time of their election and during their terms of office.
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,
and shall each consist of three or five members of 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.[1]
B.
Committees established. The following standing committees are established:[2]
(1)
Finance Committee.
(a)
The Finance Committee shall consist of the Chairperson of the
Public Works Committee, the Chairperson of the Public Safety Committee
and one member at large.
(b)
The Finance Committee shall:
[1]
Review and finalize the annual budget for public hearing and Village
Board approval.
[2]
Monitor expenditures, supervise collection of accounts and coordinate
and investigate Village borrowing.
[3]
Review requests for nonbudgeted or emergency expenditures and make
recommendations to the full Board.
[4]
Review any proposed changes in the Village's insurance coverage
and risk management program.
[5]
Establish and annually review user and license fees and other fees
and charges imposed by the Village, including but not limited to the
charges for refuse collection and recycling services.
[6]
Coordinate Village requests for grant funding.
[7]
Advise the Village Board regarding potential and pending litigation
involving the Village.
[8]
Recommend for Village Board consideration policies and procedures
regarding Village operations and the delivery of services to the public.
[9]
Make recommendations on the issuance and conditions of issuance of
licenses and franchises.
[10]
Supervise the cable television franchise and conduct negotiations
relating to said franchise.
[11]
Negotiate service contracts.
[12]
Consider any other matters which may be referred by the Village Board.
(2)
Public Works Committee. The Public Works Committee shall:
(a)
Review and finalize the annual capital improvement program and
provide for park maintenance programs.
(b)
Recommend policy guidelines regarding public improvements.
(c)
Mediate disputes between property owners and the Village regarding
public improvements.
(d)
Review and approve any unusual requests for use of Village buildings.
(e)
Review and recommend any proposed changes, improvements, remodeling,
additions, etc., to the Municipal Building and other Village buildings,
parks or property.
(f)
Recommend for Village Board consideration policies and procedures
regarding Village operations and the delivery of services to the public.
(g)
Recommend actions regarding use and maintenance of Village streets.
(h)
Consider any other matters which may be referred by the Village
Board.
(3)
Public Safety Committee. The Public Safety Committee shall:
(a)
Review traffic and pedestrian safety matters and recommend needed
action for Village Board approval.
(b)
Advise the Village Board on policies for police and fire protection
and on revisions in the Village's building, health and safety
codes.
(c)
Supervise Village inspection services and the Village Police
Department.
(d)
Advise the Village Board on matters pertaining to the Police
Department, Fire Department and emergency government programs.
(e)
Review and recommend Village Board action regarding proposed
state legislation impacting upon the Village and its residents.
(f)
Recommend for Village Board consideration policies and procedures
regarding Village operations and the delivery of services to the public.
(g)
Make recommendations to the Village Board for establishment
and revision of a Village safety program and, after such a program
is in place, supervise such program.
(h)
Consider any other matters which may be referred by the Village
Board.
(4)
Personnel Committee.
(a)
The Personnel Committee shall consist of five members as follows:
the Village President, Chairperson of the Public Safety Committee,
Chairperson of the Public Works Committee, Chairperson of the Finance
Committee and Chairperson of the Water and Electric Commission. In
any case where the same person chairs more than one of these committees,
the Village President will appoint an alternate from the Village Board
to serve as the fifth member.
(b)
The Personnel Committee shall:
[1]
Establish and supervise the general personnel policies for the Village.
[2]
Serve as negotiating unit for the Village in all labor negotiations.
[3]
Interview prospective employees, make recommendations to the Village
Board for hiring of new employees and make recommendations regarding
disciplinary actions involving Village employees.
[4]
Assure compliance by the Village with applicable state and federal
statutes and regulations in the area of personnel.
[5]
Consider any other matters which may be referred by the Village Board.
C.
General provisions.
(1)
The President shall designate the chairperson of each standing committee.
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.
D.
Standing committee meetings. Each standing committee shall meet as
necessary to accomplish the responsibilities of each committee. All
committee meetings shall convene at the Municipal Building.
E.
Committee reports.
(1)
Each committee shall, by the Friday before the regular Board meeting,
submit a report to the Clerk 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. Any committee may require any Village
officer or employee to confer with it and supply information in connection
with any matter pending before it.
(2)
Written reports of the regular standing committee meetings shall
be submitted to the Village Clerk on the Friday before the regularly
scheduled Village Board meeting.
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.
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, and 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 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.
The President and other Trustees who make up the Village Board,
whether operating under general or special law, may by majority vote
of all the members of the Village Board determine that an annual salary
be paid the President and Trustees. Salaries heretofore established
shall so remain until changed by ordinance 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 Tuesday of each calendar month at 7:00 p.m. local
time, except when the day so designated falls on a legal holiday,
in which case the regular meeting shall be held 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 Stratford
and in two other places designated by the Village Board at its organizational
meeting. 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 convened within the boundaries of the Village.
[Amended 3-12-1991]
C.
Board minutes. The Village Clerk shall keep a record of all open
Board proceedings and cause the proceedings to be published.
A.
Special meetings of the Board may be called by the Village President,
by two Trustees filing a request with the Village Clerk at least 48
hours prior to the time requested for such meeting or by a majority
of Trustees verbally agreeing at a prior meeting to schedule a special
meeting. The Village Clerk 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 Clerk shall cause an affidavit of such
notice to be filed in his office prior to the time fixed for such
special meeting. Notice to the public of special meetings shall conform
to the open meeting requirements of § 61.32 and Chapter
19, Subchapter V, of the Wisconsin Statutes. The Village Clerk shall
give notice immediately upon the call for such meeting being filed
with him.
B.
In the event that all of the Trustees file a written consent or waiver
of notice, any special meeting shall be held forthwith, but not less
than two hours after the required notice is provided under § 19.84(3),
Wis. Stats.
C.
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. Any regular session of the Board may be
adjourned for later reconvening as many times as the Board may determine
to be necessary, advisable or convenient. Said adjournment may be
made for a new reconvening time later in the same day or on a subsequent
day. Any such adjournment may provide for reconvening at the same
place or another place. 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 may compel attendance of absent members
if a majority is not present. The President shall be counted in computing
a quorum.
B.
When the presiding officer shall have called the members to order,
the Village Clerk shall proceed to call the roll in alphabetical order,
noting who is present and who is 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 to preside. The Village President shall preside
over meetings of the Village Board. In the absence of the Village
President, the President Pro Tem shall preside. In case of absence
of the Village President and President Pro Tem, the Village Clerk
shall call the meeting to order and the Trustees present shall elect
one of their number acting President Pro Tem.
B.
President Pro Tem. The Village Board at its first meeting subsequent
to the regular election and qualification of new members shall, after
organization, choose from its members a President Pro Tem who in the
absence of the President shall preside at meetings of the Board and
during the absence or inability of the Village President shall have
the powers and duties of the Village President, except that he shall
not have power to approve an act of the Board which the Village President
has disapproved by filing objections with the Village Clerk.
C.
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. In the
absence of the Village Clerk, the Deputy Clerk shall perform the duties
of the Clerk.
A.
At all meetings, the following order shall be observed in conducting
the business of the Village Board:
(1)
Call to order by presiding officer.
(2)
Pledge of allegiance.
(3)
Roll call by Clerk.
(4)
Minutes of preceding meeting approved.
(5)
Public hearings and public input; reports of paid experts.
(6)
Committee reports.
(7)
Other reports.
(8)
Financial reports.
(9)
Approval of vouchers for payment.
(10)
Approval of water and electric vouchers.
(11)
Adjournment.
B.
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 to be in writing. All ordinances or bylaws submitted to
the Board shall be in writing and shall include at the outset a brief
statement of the subject matter. Resolutions shall be in writing at
the request of one Trustee; such request shall be nondebatable. Unless
requested by a Trustee before a final vote is taken, no ordinance,
resolution or bylaw need be read in full. Resolutions and ordinances
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 statement of the subject matter of the ordinance to
be amended or repealed, and the title of amending and repealing ordinances
shall reflect their purpose to amend or repeal.
C.
Notice.
(1)
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.
(2)
Ordinances will be placed on the agenda for Board action only if
they are submitted to the Village Clerk in written form on the Friday
prior to the meeting at which action is requested.
D.
Disposition of petitions, communication, etc. Every petition or other
writing of any kind addressed for reference to the Village Board shall
be delivered to the Village President or to the presiding officer
of the Board as soon as the opening of the next meeting of the Village
Board following the receipt of the 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.
A.
All general ordinances of the Village and all regulations imposing
any penalty shall be published either in their 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, with proof of publication, by the Village
Clerk in a book kept for that purpose and/or the Village Code. 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 thereof, unless otherwise provided.
B.
All aye and nay votes shall be recorded in the official minutes.
The Village Clerk shall call the roll in alphabetical order, and the
Village Clerk shall call the roll starting with "A" and then in alphabetical
order one time and then starting with "Z" and in reverse alphabetical
order the next time.
C.
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.[1]
(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 Trustee or elected or appointed officer shall
address the Board unless the person is on the agenda or is recognized
by the presiding officer.
(4)
An ordinance, resolution or other motion shall not be acted upon
unless it has been seconded. An ordinance, resolution or other motion
shall not be withdrawn or amended without the consent of the person
proposing the same and of the person seconding it.
(5)
When a question is in debate, no action shall be in order except
the following, and these several motions shall have precedence in
the order in which they stand:
When a question has been once decided, any member of the majority
or, in case of a tie, any member voting in the affirmative may move
for a reconsideration at the immediate following meeting thereof,
but if a motion to reconsider is made on a day subsequent to that
on which the question was decided, a vote of the majority of the entire
Board shall be required to sustain it.
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.
The rules of this chapter shall not be rescinded or amended
unless the proposed amendment or motion to rescind has laid over from
a regular meeting, and then it shall require a vote of 2/3 of all
the members of the Board.
These rules shall not be suspended except by a two-thirds vote
of all the members of the Board.
