[HISTORY: Adopted by the Village Board of the Village of
Luck 1-6-1988 as Sec. 2-1-1 and Title 2, Ch. 2, of the 1988 Code. Amendments noted
where applicable.]
The Village of Luck 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.
A.
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 cases arising under it. The Village
Board shall fix the salaries of all officers and employees of the
Village and be charged with the official management of the Village's
financial affairs, its budget, its revenues and the raising of funds
necessary for the operation of the Village.
B.
Executive branch.
[Amended 11-23-2009]
(1)
The Village President shall sign all ordinances, rules, bylaws, regulations,
commissions, licenses and permits adopted or authorized by the Board
and all orders drawn on the treasury, except as provided by § 66.0607,
Wis. Stats. When present the Village President shall preside at all
Board meetings, and in all other respects, in accordance with § 61.24,
Wis. Stats., the executive authority of a Village President is a shared
authority with all other members of the Village Board.
The Trustees of the Village of Luck 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 Luck 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.
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.
[Amended 7-6-2005; 3-10-2010]
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 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.
B.
Committees established. The following standing committees are established:
(1)
Finance and Personnel Committee. This Committee shall:
(a)
Review and finalize the annual budget for public hearing and
Village Board approval.
(b)
Monitor expenditures.
(c)
Review requests for nonbudgeted or emergency expenditures and
make recommendations to the full Board.
(d)
Review any proposed changes in the Village's insurance
coverage and risk management program.
(e)
Review recommended personnel and labor policies and serve as
negotiating unit for the Village in labor negations.
(f)
Coordinate Village requests for grant funding.
(g)
Advise the Village Board regarding potential and pending litigation
involving the Village.
(h)
Recommend for Village Board consideration policies and procedures
regarding Village operations and the delivery of services to the public.
(i)
Consider any other matters which may be referred by the Village
Board.
(2)
Public Services Committee. This Committee shall:
(a)
Review and finalize the annual capital improvement program.
(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, remodeling, additions,
etc., to the Village Hall or other Village buildings or property.
(f)
Recommend for Village Board consideration policies and procedures
regarding Village operations and the delivery of services to the public,
including the use of Village recreational facilities and user fees.
(g)
Recommend actions regarding use and maintenance of Village streets.
(h)
Serve as liaison to the Water and Sewer Commission.
(i)
Coordinate the Village's refuse collection activities.
(j)
Manage and administer Village parks, ball fields, swimming beaches
and recreational facilities.
(k)
Schedule events using Village recreational programs.
(l)
Coordinate Village recreational programs.
(m)
Recommend steps for equipping, developing and maintaining the
physical facilities of the Village park system.
(n)
Consider any other matters which may be referred by the Village
Board.
(3)
Public Protection Committee. This Committee shall:[1]
(a)
Review traffic or pedestrian safety matters and recommend needed
action for Village Board approval.
(b)
Advise proper officials on property maintenance and Village
beautification efforts.
(c)
Review and recommend applications for operators' licenses, liquor
licenses, picnic licenses, etc.
(d)
Advise the Village Board on matters pertaining to the Police
Department, Fire Department, Ambulance Association 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)
Consider any other matter which may be referred by the Village
Board.
C.
President to designate Chairperson.
(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.
Committee reports. Each committee shall, at the next regular Board
meeting, submit 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. Any committee may require any Village
officer or employee to confer with it and supply information in connection
with any matter pending before it.
E.
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, 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 Village Board has the power to preserve order at its meetings.
Members of the Village Board shall be residents of the Village at
the time of their election and during their terms of office.
[Amended 5-12-2010]
A.
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 to 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.
B.
Attendance at meetings. If the President or a Trustee, for any reason,
cannot attend a regular or special meeting, at least three days prior
to the date on which such meeting is scheduled, he/she shall deliver
to the Village Clerk-Treasurer a written explanation setting forth
the reason for the anticipated absence. The statement shall be entered
in the Board's record. If circumstances render filing advance
notice impractical, he/she shall file such notice with the Village
Clerk-Treasurer within one week of the absence. At the next regularly
scheduled meeting, the Village Clerk-Treasurer shall enter the statement
in the Board's record. If any member misses 25% or more of the
meetings, the Village Board will review his/her attendance records
to determine if he/she is grossly neglecting his/her duties.[1]
A.
Regular meetings. Regular meetings of the Village Board shall be
held on the second Wednesday of each calendar month at 6:00 p.m. local
time, except when the day so designated falls on a legal holiday,
in which case the regular meeting shall be held the following Monday,
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 Village Hall
in the Village of Luck and in the official Village newspaper prior
to such rescheduled meeting date. All meetings of the Board shall
be held at the Village Hall, 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 5-6-2009; 7-11-2018]
B.
Annual organizational meeting. The Village Board shall hold an annual
meeting on the third Tuesday of April for the purpose of organization.
[Amended 7-11-2018 by Res. No. 7-11-2018]
C.
Board minutes. The Village Clerk-Treasurer shall keep a record of
all Board proceedings and cause the proceedings to be posted in three
places.
A.
Special meetings of the Board may be called by the Village President
or by two Trustees filing a request with the Village Clerk-Treasurer
at least 48 hours prior to the time specified for such meeting. The
Village 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 Clerk-Treasurer shall cause an affidavit
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 and Ch. 19, Subchapter V, Wis. Stats.
The Village Clerk-Treasurer 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. Regular sessions of the Village Board may
be adjourned from time to time for later reconvening. 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 in 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 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-Treasurer 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.
The Village President shall preside. 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-Treasurer
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, as 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-Treasurer.
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-Treasurer, the presiding officer shall
appoint a Village Clerk Pro Tem.
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)
Roll call. (If a quorum is not present, the meeting shall thereupon
adjourn, which may be to a specified date.)
(3)
Reading, correcting and approval of the minutes of the last preceding
meeting or meetings and approval of agenda.
(4)
Appearances.
(5)
Old or unfinished business.
(6)
New business.
(7)
Committee reports.
(8)
Adjourn.
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 and a title and shall be referred
to the appropriate committee by the President. The committee shall
report back to the Board on the matter at the next Board meeting.
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 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
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 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-Treasurer in written form
a minimum of five days prior to the meeting at which action is requested.
D.
Disposition of petitions and other communications. Every petition
or other writing of any kind addressed to the Village Board, or to
the Village 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 the same and in any event prior
to or at 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 as a 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 the affidavit of publication, by the
Village Clerk-Treasurer 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.
A.
A roll call shall not be necessary on any questions or motions except
as follows:
(1)
When the ayes and nays are requested by any member.
(2)
On confirmation and on the adoption of any measure assessing or levying
taxes or appropriations or disbursing money or creating any liability
or charge against the Village or any fund thereof in excess of $5,000.
(3)
When required by the Wisconsin Statutes.
B.
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
Clerk-Treasurer shall call the roll in alphabetical order, and the
Village Clerk-Treasurer 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 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 that 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
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
a reconsideration thereof, but if a motion to reconsider is made on
a day subsequent to that on which the ordinance question was decided,
a vote of the majority of the entire Board shall be required to sustain
it.
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 form
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.
