[HISTORY: Adopted by the Village Board of the Village of
Dane 4-1-1996 as Sec. 2-1-1 and Title 2, Ch. 2, of the 1996 Code. Amendments noted
where applicable.]
The Village of Dane is a body corporate and politic with the
powers of a municipality at common law and governed by the provisions
of Chapters 61 and 66 of the Wisconsin Statutes, laws amending those
chapters, other acts of the legislature and the Constitution of the
State of Wisconsin.
The Trustees of the Village of Dane 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 Dane shall have four Trustees
in addition to the President, who is a Trustee by virtue of his office
as President. The four Trustees shall constitute the Village Board.
Two 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 even-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. If deemed necessary, standing committees
of the Village may be 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.
President to designate chairpersons; committees of the whole; special
committees. The Village President shall designate the chairperson
of standing committees. All committee appointments except designation
of chairpersons shall be subject to confirmation by a majority vote
of the Board.
(1)
All Trustees shall serve on at least one standing committee if appointed.
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.
(2)
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.
(3)
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.
C.
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.
D.
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.
E.
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.
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 7-6-2021 by Ord. No. 2021-02]
The Village President shall be paid a stipend in the amount
of $300 per month. Each Village Trustee shall be paid a stipend of
$200 per month. Payments for Trustees and the Village President shall
be paid monthly. Salaries for elected officials heretofore established
shall remain until changed by ordinance and shall not be increased
or reduced during the term of a particular elected official.
[Amended 9-10-2012 by Ord. No. 2012-04]
A.
Regular meetings. Unless the Village Board establishes otherwise
by resolution adopted by Village Board at a meeting of the Village
Board duly called and held, all regular meetings of the Village Board
shall be held on the first Monday of each calendar month at 6:30 p.m.,[1] 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 at a meeting preceding
the meeting scheduled to fall on the designated legal holiday. 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 Dane. 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.
[Amended 10-7-2015 by Ord. No. 2015-02]
[1]
Editor's Note: A resolution adopted 10-7-2015 provided that,
until further notice, regular meetings of the Village Board shall
be held on the first Tuesday of each calendar month beginning at 6:30
p.m., unless modified further by resolution of the Village Board.
B.
Board minutes. The Village Clerk-Treasurer shall keep a record of
all Board proceedings and cause the proceedings to be posted in three
designated 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. However, an emergency meeting, as defined in Ch.
19, Wis. Stats., may be held upon two hours' legal notice. The Village
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 and
Ch. 19, Subchapter V, Wis. Stats. The Village Clerk-Treasurer shall
give notice immediately upon the call for such meeting being filed.
[Amended 9-10-2012 by Ord. No. 2012-04]
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.
C.
If a special
meeting is called by the Village President or two Village Trustees,
there shall be no additional pay for the President or the Trustees
for attending that meeting. If a special meeting is requested by someone
other than an elected official, then the President and each Trustee
in attendance shall be paid $50 for attending the special meeting.
The President and Trustees shall be paid from the fee charged to the
individual for the special meeting. The fee for holding a special
meeting is $500.
[Added 9-10-2012 by Ord.
No. 2012-04; amended 7-6-2021 by Ord. No. 2021-02]
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.
Three 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 Clerk-Treasurer shall note who are present and who are
absent, and if 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. The Village President shall
preside over meetings of the Village Board. In case of absence of
the Village President, 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.
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 (most recent edition), 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.[1]
A.
Agenda.
(1)
The order of business at all regular or special meetings shall be
according to the agenda prepared by the Clerk-Treasurer. All matters
to be presented at a Board meeting shall be filed with the Clerk-Treasurer
no later than 12:00 noon on the Monday the week preceding the scheduled
regular Board meeting to enable the 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 Monday the week 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 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 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]
(1)
Call to order.
(2)
Agenda confirmation.
(3)
Public input.
(4)
Approval of minutes.
(5)
Police Department report.
(6)
EMS report.
(7)
Fire District report.
(8)
Public works report.
(9)
Plan Commission report.
(10)
Old business.
(11)
New business.
(12)
Clerk-Treasurer report and payment of bills.
(13)
Set date of regular Board meeting.
(14)
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; resolutions. All ordinances shall be prepared as follows:
(1)
Each ordinance 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, or a committee, board, or commission. The 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)
On ordinances that require special handing, the Clerk-Treasurer shall
assure that an editorial note is prepared showing compliance with
such special handing.
(4)
The Clerk-Treasurer may reject any ordinance from placement on the
agenda which fails to comply with this section.
(5)
Resolutions shall be in writing at the request of one Trustee; such
request shall be nondebatable.
(6)
Unless requested by a Trustee before a final vote is taken, no ordinance,
resolution or bylaw need be read in full.
(7)
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
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 motion 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 their entirety or as a notice as provided in § 61.50(1), Wis. Stats., in accordance with Chapter 135 of this Code and shall be immediately recorded 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/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 nays 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.
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, most recent edition,
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 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)
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 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.
F.
Motions stated. Prior to any debate on a matter, the members of the
Village Board shall be entitled to a clear understanding of the motion
before the Village Board. The person making the motion shall clearly
state the motion. There shall be a second to any motion prior to any
debate or discussion of the motion. The presiding officer may, if
felt necessary, restate the motion prior to any debate and discussion.
Any member of the Village Board, prior to a vote on the motion, may
request that the motion and any amendments adopted to the motion be
reduced to writing and submitted in writing to the members of the
Village Board prior to the final vote on the matter.
G.
Change of vote. No member of the Village Board may change his or
her vote on any action item, business item, motion or question after
the final result has been announced, except following a motion for
reconsideration.
H.
Motions with preference. During any meeting of the Village Board,
certain motions will have preference. In order of precedence they
are:
(1)
Motion to adjourn. This motion can be made at any time and has first
precedence. This is a nondebatable motion.
(2)
Motion to lay on the table. This motion may be made when the subject
matter appropriate for tabling is to be debated or discussed. This
motion is a nondebatable motion.
(3)
Motion to call previous question. This motion may be made at any
time after the debate or discussion commences related to an action
item, business item, motion or question that is properly before the
Village Board. This motion is a nondebatable motion. This motion,
if adopted, ends the debate and discussion at the meeting on the action
item, business item, motion or question. The motion, if adopted, brings
the Village Board to a direct vote with the first vote on any amendments,
if any, and then to the main action item, business item, motion or
question.
(4)
Motion to postpone to a date certain. This motion may be made at
any time after the debate and discussion commences on an action item,
business item, motion or question that is properly before the Village
Board. This motion is debatable. This motion, if adopted, ends the
debate and discussion at the meeting on the action item, business
item, motion or question. This motion must establish a date and time
certain when the debate and discussion before the Village Board will
continue. The date and time established must be on a date and time
for a regularly scheduled or special meeting of the Village Board.
(5)
Motion to a committee. This motion may be made at any time after
the debate and discussion commences on an action item, business item,
motion or question that is properly before the Village Board. The
motion is debatable. This motion, if adopted, ends the debate and
discussion at the meeting on the action item, business item, motion
or question. This motion, if adopted, forwards the action item, business
item, motion or question to a committee for further review and discussion.
The committee must be a committee of the Town Board.
(6)
Motion to amend or divide the question. This motion may be made at
any time after debate and discussion commences on the action item,
business item, motion or question properly before the Village Board.
The motion is debatable. This motion, if adopted, divides the main
action item, main business item, main motion or main question pursuant
to the method described and adopted in the motion to divide.
(7)
Motion to postpone indefinitely. This motion may be made at any time
after debate and discussion commences on the action item, business
item, motion or question properly before the Village Board. This motion
is debatable. This motion, if adopted, ends the debate and discussion
at the meeting on the action item, business item, motion or question.
(8)
Motion to introduce a matter related to the action item, business
item, motion or question. This motion may be made at any time after
the debate and discussion commences on the action item, business item,
motion or question properly before the Village Board. This motion
is debatable. This motion, if adopted, expands or adds to the debate
and discussion new items related to the main action item, main business
item, main motion or main question pursuant to the method described
and approved in the motion to introduce a matter related.
I.
Public directory votes. No member of the Village Board shall request,
at a meeting of the Village Board, a vote from the general public
unless the proposed vote of the general public is so noted by the
presiding officer of the meeting as strictly an advisory vote to the
Board. Any vote taken by the general public at a meeting of the Village
Board shall be considered by the Board only as an advisory vote and
shall not be considered as a directory vote.
The following procedures shall be followed at public hearings
and may also be followed when citizen input is necessary during regular
items of business before the Board:
A.
The presiding officer shall generally call on those persons who wish
to speak on the matter or call initially on those persons who wish
to speak for the proposition. Each person wishing to speak for the
proposition shall give his or her name and address.
B.
Each person speaking initially on the matter or specifically on behalf
of the proposition shall be limited in time to five minutes.
C.
The presiding officer shall then call on those persons who wish to
oppose the proposition if the presiding officer has first asked for
only those favoring the proposition to speak.
D.
Each such person speaking in opposition to the proposition shall
give his or her name and address and shall also be limited to five
minutes.
E.
Any person wishing to speak in rebuttal to any statements made may,
with the permission of the presiding officer, do so; provided, however,
such rebuttal statement shall be limited to three minutes by any one
individual.
F.
When the presiding officer in his discretion is satisfied that the
proposition has been heard, he/she shall announce the fact that the
hearing is concluded.
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, most recent edition.
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.
