Village of East Troy, WI
Walworth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of East Troy 4-3-2000 by Ord. No. 2000-2 as § 2-1-1 and Title 2, Ch. 2, of the 2000 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Emergency government — See Ch. 44.
The Village of East Troy is a political corporate body 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 East Troy 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 East Troy 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.
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/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. The Village President 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. 
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.
B. 
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.
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 outside the Village, for parks, libraries, historic places, recreation, beautification, streets, waterworks, sewage or waste disposal, public grounds, vehicle parking areas and for any other public purpose; may acquire real property within or contiguous to the Village, by means other than condemnation, for industrial sites; may improve and beautify the same; may construct, own, lease and maintain buildings on such property for instruction, recreation, amusement and other public purposes; and may sell and convey such property. Condemnation shall be as provided by the Wisconsin Statutes.
C. 
Acquisition of easements and property rights. Confirming all powers granted to the Village Board and in furtherance thereof, the Board is expressly authorized to acquire, by gift, purchase or condemnation under the Wisconsin Statutes, any and all property rights in lands or waters, including rights of access and use, negative or positive easements, restrictive covenants, covenants running with land, scenic easements and any rights for use of property of any nature whatsoever, however denominated, which may be lawfully acquired for the benefit of the public or for any public purpose, including the exercise of powers granted under §§ 61.35 and 62.23, Wis. Stats., and may sell and convey such easements or property rights when no longer needed for public use or protection.
D. 
Village finances. The Village Board may levy and provide for the collection of taxes and special assessments; may refund any tax or special assessment paid, or any part thereof, when satisfied that the same was unjust or illegal; and generally may manage the Village finances. The Village Board may loan money to any school district located within the Village or within which the Village is wholly or partially located in such sums as are needed by such district to meet the immediate expenses of operating the schools thereof, and the board of the district may borrow money from such Village accordingly and give its note therefor. No such loan shall be made to extend beyond August 30 next following the making thereof or in an amount exceeding 1/2 of the estimated receipts for such district as certified by the State Superintendent of Public Instruction and the local school clerk. The rate of interest on any such loan shall be determined by the Village Board.
E. 
Construction of powers. Consistent with the purpose of giving to villages the largest measure of self-government in accordance with the spirit of the home rule amendment to the Constitution, the grants of power to the Village Board in this section and throughout this Code of Ordinances shall be liberally construed in favor of the rights, powers and privileges of villages to promote the general welfare, peace, good order and prosperity of the village and its inhabitants.
The Village Board, on behalf of the Village, may join with other counties, villages, cities, towns or other governmental entities in a cooperative arrangement for executing any power or duty in order to attain greater economy or efficiency, including joint employment of appointed 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.
A. 
Generally. The Village 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 a salary be paid the President, Trustees, and other Village officials and employees.
[Amended 6-15-2015 by Ord. No. 2015-02]
B. 
Salaries and other benefits.
(1) 
Village President. The salary of the Village President shall be $6,500. Beginning in May 2015, the salary of the Village President shall be $8,000 per year upon election.
[Amended 10-7-2013 by Ord. No. 2013-07]
(2) 
Village Trustees. The salary of all Trustees shall be $4,000 per year. Beginning in May 2014, the salary shall be $5,500 upon election.
[Amended 10-7-2013 by Ord. No. 2013-07]
(3) 
Other benefits. Except for those benefits mandated by federal and/or state law, the Village President and the Village Trustees shall receive no other benefits and/or compensation from the Village, other than for reimbursement for expenses, as provided.
(4) 
Expenses incurred. Expenses incurred by the President or the Trustees while acting in their official capacities may be reimbursed following proper audit and allowance, as called for by the Wisconsin Statutes.
(5) 
Officials and employees. The salaries and other compensation of other employees and officials of the Village shall be established, from time to time, by resolution of the Village Board.
(6) 
In effect until commencement of new term. Notwithstanding the provisions set forth in this chapter, the salaries established by this chapter for the President and Trustees, or any one of them, shall remain in full force until the commencement of a new term of office, when any increase shall take effect.
(7) 
The Village President and Village Trustees shall not receive additional compensation from the Village or any other entity for any appointments made by the Village President or Village Board to other boards, commissions or committees as a representative of the Village.
[Added 8-7-2017 by Ord. No. 2017-09]
A. 
Regular meetings. Regular meetings of the Village Board shall be held on the first and third Monday of each calendar month at 6:30 p.m., local time, except when the day so designated falls on a legal holiday, in which case the regular meeting shall be held the following day, or at such other date and time as the Village Board shall designate. The fourth Monday of each calendar month may be scheduled as a regular meeting on an as-needed basis. 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 East Troy prior to such rescheduled meeting date. All meetings of the Board shall be held at the Municipal Building, unless specified otherwise in the minutes of the preceding meeting, or by written notice posted at the regular meeting place at least three hours prior to any meeting. In any event, all regular Village Board meetings shall be held within the boundaries of the Village.
[Amended 10-16-2017 by Ord. No. 2017-12]
B. 
Annual organizational meeting. The Village Board shall hold an annual organizational meeting on the first regularly scheduled meeting after the third Tuesday in April following the spring election.
[Amended 6-15-2015 by Ord. No. 2015-02]
C. 
Board minutes. The Village Clerk shall keep a record of all Board proceedings and cause the proceedings to be published.
[Amended 6-15-2015 by Ord. No. 2015-02]
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 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 Chapter 19, Subchapter V, Wis. Stats. The Village Clerk-Treasurer shall give notice immediately upon the call for such meeting being filed with him. 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. Individuals requesting a special meeting of the Village Board shall be required to pay a fee set by the Village Board for such meeting.
A. 
Open Meeting Law compliance. All meetings of the Village Board and subunits thereof shall be open to the public, as provided in Subchapter V of Chapter 19, §§ 19.81 through 19.89, Wis. Stats. Public notice of all such meetings shall be given as provided in § 19.84, Wis. Stats.
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. 
A majority of the 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 record the attendance, 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 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.
B. 
Duties. The presiding officer shall preserve order and decorum, decide all questions of order, and conduct the proceedings of the meeting in accordance with the parliamentary rules contained in Robert's Rules of Order, unless otherwise provided by statute or by these rules. Any member shall have the right to appeal from a decision of the presiding officer. Such appeal is not debatable and must be sustained by a majority vote of the members present, excluding the presiding officer.
A. 
Agenda.
(1) 
The business of the Village Board shall be transacted according to the agenda prepared by the Village Clerk-Treasurer. All items to be placed on the agenda shall be submitted to the Village Clerk-Treasurer by 12:00 noon on Thursday prior to the regular Monday meeting. Copies thereof shall be placed by the Village Clerk-Treasurer in each Trustee's file at the Municipal Building by the close of the business day on Friday. The President may waive the filing deadline for emergency cause shown.
(2) 
A submitting department shall include copies of all material necessary to consider the agenda item.
(3) 
The Village President shall advise the Village Clerk-Treasurer whether to include an item on the agenda, except that any Village Trustee may request that the Village Clerk-Treasurer place an item on the agenda and that item shall then be included on the agenda. Trustees calling a special meeting shall decide which items shall be on the agenda and which items shall be first considered at such special meeting.
[Amended 2-6-2012 by Ord. No. 2012-01]
(4) 
The Village Clerk-Treasurer shall afford the Trustees maximum reasonable notice of agenda items as each situation allows.
B. 
Order of business. Generally, the following order may be observed in the conduct of all regular Board meetings:
(1) 
Call to order.
(2) 
Recording of attendance.
(3) 
Approval of minutes, and any corrections, of preceding regular and special meetings.
(4) 
Unfinished business from the previous meeting.
(5) 
New business, including the introduction of ordinances and resolutions.
(6) 
Reports of Village officers.
(7) 
Communications and miscellaneous business, as permitted by law.
(8) 
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.
D. 
Recognition of visitors. In order to maintain and hold meetings in an orderly fashion, the Village Board of Trustees shall establish a written policy setting forth the procedure which shall be followed regarding visitors, unless having previously made a request to be placed on the agenda for a specific item.
(1) 
All visitors will be recognized at the beginning of the meeting.
(2) 
No discussion is allowed from visitors during the course of the meeting, unless requested by the Board.
(3) 
During the citizen participation portion of the regular meeting, each visitor will be recognized and allowed to speak for no more than five minutes.
[Amended 6-15-2015 by Ord. No. 2015-02; 2-6-2017 by Ord. No. 2017-06]
A. 
Ordinances. All ordinances and resolutions shall be prepared as follows:
(1) 
Each ordinance or resolution shall include a note stating the purpose thereof prepared by the sponsor. All ordinances submitted to the Board shall be in writing and shall include, at the onset, a brief statement of the subject matter and a title.
(2) 
The sponsor of an ordinance or resolution may be the President, one or more Trustees, a department head or a committee, board or commission. The Village Clerk-Treasurer or the Village Attorney may sponsor ordinances or resolutions when changes in state law make it necessary or desirable for the Village to act rapidly.
(3) 
Each ordinance or resolution may contain both a recommended referral to appropriate subunits of the Board and a fiscal note showing the contemplated fiscal impact, if any, of the proposal.
(4) 
On ordinances or resolutions that require special handling, the Village Clerk-Treasurer shall assure that an editorial note is prepared showing compliance with such special handling.
(5) 
The Village Clerk-Treasurer may reject any ordinance or resolution from placement on the agenda which fails to comply with this section.
(6) 
Resolutions shall be in writing at the request of one Trustee; such request shall be nondebatable.
(7) 
Unless requested by a Trustee before a final vote is taken, no ordinance, resolution or bylaw need be read in full.
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. 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. 
Effective date. Unless otherwise provided, all ordinances shall take effect and be in force from and after passage and publication, and published copies thereof shall have appended the date of first publication.
E. 
Disposition of petitions, communications, etc. Every petition or other correspondence from citizens 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.
F. 
Reference and reports. The presiding officer may refer new business coming to the Board to the appropriate Board committee, unless otherwise referred or acted upon by the Village Board. All referrals, unless otherwise provided for in the referral, shall be reported on at the next regular Board meeting. Village Board motions based upon committee or commission action are 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 the official paper of the Village once or posted according to state law and shall be immediately recorded by the Village Clerk-Treasurer in a book kept for that purpose and/or the Village Code of Ordinances. A printed copy of such ordinance or regulation in any book, pamphlet or newspaper and published or purporting to be published therein by direction of the Village Board shall be prima facie proof of due passage, publication and recording thereof.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
All ordinances shall take effect and be in force from and after passage and publication/posting thereof, unless otherwise provided.
A. 
Meeting attendance. All members of the Village Board shall attend all Board meetings, meetings of committees to which members have been appointed, and special or adjourned meetings when duly notified thereof. A member who does not appear in answer to his/her name when the roll is called at any regular meeting or any special or adjourned meeting, when notified thereof, shall be marked absent. Any member seeking to be excused from attending any regular or special meeting must notify the Village President or Village Clerk-Treasurer in advance of such meeting, explaining the reason for his/her absence, and, upon complying with this requirement, such members shall be duly excused from attending said meeting.
B. 
Recognition for debate.
(1) 
When a member is to speak in debate, or deliver any matter to the Board, he/she shall respectfully address himself/herself to the presiding officer and confine his/her remarks to the question under debate and avoid personalities.
(2) 
When two or more members address the presiding officer at the same time, the presiding officer shall name the member who is to speak first.
C. 
Voting; roll call vote procedure.
(1) 
The ayes and nays shall be ordered upon any question at the request of any member of the Board or the Village Board, and the Village Clerk-Treasurer shall call the roll starting with the Trustee whose last name appears first on the list of the Trustees' names alphabetically arranged and, on the next call of the roll, at the same or any subsequent meeting, the Clerk-Treasurer shall start with the Trustee whose name appears next on said alphabetical list, and each subsequent call of roll shall begin with the name of the Trustee next on said alphabetical list of Trustees; such order of roll call shall be followed until the list of Trustees has been completed. Each time the list has been completed, the Village Clerk-Treasurer shall again start on the top of the list and proceed on down through the list.
(2) 
The Village President may vote on questions before the Village Board. A majority vote of all members of the Board in favor of any proposed ordinance, resolution or appointment shall be necessary for passage or approval, unless a larger number is required by statute. Except as otherwise provided, a majority vote of those present shall prevail in other cases.
(3) 
A member of the Board may not change his/her vote on any question after the result has been announced.
D. 
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 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 or 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 or 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 this 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 Village Board.
(6) 
Motion to amend or divide the question. This motion may be made at any time after debate or 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 or 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 or 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.
E. 
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 Village Board. Any vote taken by the general public at a meeting of the Village Board shall be considered by the Village Board only as an advisory vote and shall not be considered as a directory vote.
F. 
Rules of parliamentary procedure. The rules of parliamentary practice in Robert's Rules of Order, which is hereby incorporated by reference, shall govern the proceedings of the Village Board in all cases to which they are applicable and in which they are not inconsistent with these rules or with the laws of the State of Wisconsin.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 Village 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 three minutes.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 three minutes.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Any person wishing to speak in rebuttal to any statements made may, with the permission of the presiding officer, do so; provided, however, that such rebuttal statement shall be limited to two minutes by any one individual.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
When the presiding officer in his/her discretion is satisfied that the proposition has been heard, he/she shall announce the fact that the hearing is concluded.
When a motion has been decided, it shall be in order for any member who voted in the majority to move a reconsideration thereof, at the same or next succeeding meeting, except those which cannot be reconsidered pursuant to Robert's Rules of Order, and the Village President shall call for a roll call of the Trustees. If a majority of the members present shall be in favor of a reconsideration, the subject shall be before the Board for further action. A Trustee may not change his/her vote on any question after the result has been announced. A motion to reconsider being put and lost shall not be renewed.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 §§ 148-18 through 148-21 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 members of the Board.
These rules shall not be suspended except by a two-thirds vote of all the members of the Board.