[HISTORY: Adopted by the Village Board of the Village of
Kimberly 10-3-1988 as Title 2, Ch. 2, of the 1988 Code. Amendments
noted where applicable.]
The Trustees of the Village of Kimberly 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 Kimberly shall have six Trustees
in addition to the President, who is a Trustee by virtue of his/her
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.
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 even-numbered years for a term of two years, commencing
on the third Tuesday of April in the year of his/her election.
[Amended 5-5-2014 by Ord.
No. 3-2014]
B.
Duties. The Village President shall by virtue of his/her 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/she 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/she 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 be composed as prescribed in Subsection B. 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.
Committee of the Whole.
(1)
Committee of the Whole meetings. The Village Board is hereby designated
as the "Committee of the Whole" and will conduct meetings of the Committee
of the Whole on the second and fourth Mondays of each calendar month
at 6:00 p.m. Any Committee of the Whole meeting falling on a legal
holiday shall be held the next following secular day at the same hour
and place.
(2)
Place of meeting. All meetings of the Committee of the Whole shall
be held in the Village Hall, otherwise known as the Municipal Complex
of the Village of Kimberly.
(3)
Quorum. Four Trustees, including the Village President, shall constitute
a quorum of the Committee of the Whole, but a lesser number may adjourn
from time to time or compel the attendance of absent members. Any
Trustee who shall, without good cause, fail to attend a regular meeting
of the Committee of the Whole or a special meeting of the Committee
of the Whole called in accordance with these rules shall be subject
of a fine of $25 by vote of all members present at such meeting, whether
or not such members constitute a quorum.
(4)
Withdrawal from meetings. No member at any meeting of the Committee
of the Whole shall withdraw therefrom without permission from the
presiding officer, and any member so withdrawing without permission
may be compelled to return and may be punished by forfeiture not exceeding
$25.
(5)
Nonofficial action.
(a)
The Committee of the Whole, comprised of the Village Board of
Trustees and the Village President and the Village Administrator,
shall meet for the purpose of discussing all matters pertinent to
the Village of Kimberly. Unless it may be noticed and recorded as
a special meeting of the Village Board of Trustees, a meeting of the
Committee of the Whole shall not have the power or be construed to
be official action of the Board of Trustees.
(b)
All actions of the Committee of the Whole, be they deliberations,
recommendations or formal actions, shall be thereinafter voted upon
at a regular or special meeting of the Village Board of Trustees.
(6)
Presiding officer. The Village President shall chair the meeting
of the Committee of the Whole.
C.
Public Works Committee.
(1)
Composition. The Public Works Committee shall consist of three Trustees,
appointed by the Village President with confirmation by the Village
Board, and the Street Commissioner.
(2)
Meetings. The Public Works Committee shall establish meeting times
and dates, providing proper notice as required by Wisconsin Open Meeting
Law. Notice shall be posted at the Municipal Complex, Village Garage
and Associated Bank. All meetings shall be held at the Street Department
public works office located at 426 West Kimberly Avenue, unless specified
otherwise in the meeting notice. In any event, all meetings shall
be held within the boundaries of the Village of Kimberly.
D.
Personnel Committee.
(1)
Composition. The Personnel Committee shall consist of the Village
President and two Trustees appointed by the Village President at the
annual organizational meeting with confirmation by the Village Board.
(2)
Meetings. The Personnel Committee shall establish meeting times and
dates, providing proper notice as required. Notice shall be posted
at the Kimberly Municipal Complex, Village Garage and Associated Bank.
All meetings shall be held at the Kimberly Municipal Complex located
at 515 West Kimberly Avenue, unless specified otherwise in the meeting
notice. In any event, all meetings shall be held within the boundaries
of the Village of Kimberly.
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.
[Amended 12-20-2021 by Ord. No. 15-2021[1]]
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. The annual salary for
the Village President is hereby established at $8,500 and the salary
for Village Trustees is hereby established at $5,000. These salary
adjustments shall become effective with the first payroll after the
2023 spring election.
[1]
Editor's Note: This ordinance provided that it shall take
effect with the first payroll after the 2023 spring election.
A.
Regular meetings. Regular meetings of the Village Board shall be
held on the first and third Monday 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
secular 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
Complex in the Village of Kimberly and in the official Village newspaper
prior to such rescheduled meeting date. All meetings of the Board
shall be held at the Municipal Complex, 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 Village Board meetings shall be held within the
boundaries of the Village.[1]
B.
Annual organizational meeting. The Village Board shall hold an annual
organizational meeting at the next regular meeting immediately following
the third Tuesday of April.
C.
Board minutes. The Village Administrator 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 Administrator
at least 48 hours prior to the time specified for such meeting. The
Village Administrator 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/her usual place of abode a minimum of 24 hours prior
to the meeting time. The Village Administrator shall cause an affidavit
of such notice to be filed in his/her 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, Subch. V, Wis. Stats.
The Village Administrator shall give notice immediately upon the call
for such meeting being filed with him/her.
B.
In the event 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 Administrator 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.
C.
Any Trustee who shall, without good cause, fail to attend a regular
or adjourned meeting or special meeting called in accordance with
these rules shall be subject to a fine of $25 by vote of all members
present at such meeting, whether or not such members constitute a
quorum. No member at any meeting of the Board shall withdraw therefrom
without permission from the presiding officer, and any member so withdrawing
without permission may be compelled to return and may be punished
by forfeiture not exceeding $25.
A.
The Village President shall 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
Administrator 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/she
shall not have power to approve an act of the Board which the Village
President has disapproved by filing objections with the Village Administrator.
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.
A.
Order of business. 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)
Pledge of Allegiance;
(4)
Reading, correction and approval of the minutes of previous meeting;
(5)
Auditing and passing upon bills and claims;
(6)
Financial report;
(7)
Communications and miscellaneous business;
(8)
Reports of officers, including resolutions and ordinances;
(9)
Appointment of officers, agents, committees or commissioners;
(10)
Unfinished business from previous meeting; and
(11)
New business, including introduction of ordinances and resolutions.
B.
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 to be in writing. All ordinances or bylaws submitted to
the Village Board shall be in writing and shall include at the outset
a brief statement of the subject matter and a title. 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 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 Administrator in written form a
minimum of five days prior to 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 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.
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 Administrator 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, appropriating 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.
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 shall call the roll in rotating alphabetical order.
"Rotating alphabetical order" is defined to mean that the Village
Administrator shall call the roll the first time beginning with the
member of the Village Board whose name is first in alphabetical order;
for the next roll call vote, the vote shall be commenced by calling
the name of the Trustee who is second in alphabetical order; and so
on through the entire rotation of the Village Board.
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)
No Trustee shall address the Board until he/she has been recognized
by the presiding officer. He/she shall thereupon address himself/herself
to the Board and confine his/her 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 Village 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 Village 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 present, but in no event shall the
rules be suspended when there are fewer than five Trustees present.
