Village of Hobart, WI
Brown County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Hobart by Charter Ordinance 12-4-2013.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Administrator — See Ch. 7.
Municipal Court — See Ch. 26.
Elections — See Ch. 33.
Officers and employees — See Ch. 54.
Village Board — See Ch. 82.
[1]
Editor's Note: This charter ordinance superseded former Ch. 5, Administration of Government, adopted 5-21-2002 as Ch. 100 of the 2000 Code, as amended.
The acting Village Board of the Village of Hobart does ordain as follows, pursuant to § 66.0101, Wis. Stats., and any other applicable statutes.
A. 
The Village of Hobart hereby, pursuant to Wis. Stats. §§ 61.195 and 66.0101, elects not to be governed by those provisions of §§ 61.19; 61.20, and 61.23, Wis. Stats., and any other provision of Chapter 61 of the Wisconsin Statutes which are inconsistent with this section.
B. 
Constituted. The Village Board shall consist of the Village President and four Trustees, all of whom shall be elected from the Village at large.
C. 
Term of office.
(1) 
The four Trustees elected at the first election shall serve two-year terms.
(2) 
The Village President shall be elected for a three-year term of office.
[Amended 11-7-2018 by Ord. No. 2018-23]
A. 
Regular meetings. Regular meetings of the Village Board shall be held at least twice during each calendar month, on such day, at such hour and at such place as the Board shall designate.
B. 
Special meetings.
(1) 
Special meetings of the Village Board may be called by two members of the Village Board, in writing, filed with the Clerk-Treasurer at least 48 hours prior to the time specified for such meeting. The Clerk-Treasurer shall immediately notify the President and each Trustee of the time and purpose of such meeting by causing a written notice thereof to be personally delivered to each Board member, if he or she can be found, or, if he or she cannot be found, then by leaving a copy of such notice at the home of such person in the presence of an adult member of his or her family. If the period between the time the meeting is called and the time fixed for such meeting makes it not practicable to give 48 hours' notice, the longest possible notice of such meeting shall be given each member by the Clerk-Treasurer, and the notice shall be signed by at least two members of the Board. The Clerk-Treasurer shall cause an affidavit showing service of such notice as herein provided to be filed in his or her office prior to the time fixed for such special meeting.
(2) 
Appropriate public notice of any such meeting shall be given according to Wisconsin Statutes.
C. 
Village Board meeting agendas. The Village President, in cooperation with the Village Administrator and/or Clerk-Treasurer, shall be responsible for coordinating agendas for Village Board meetings. Any Trustee wishing to add an agenda item to a Village Board agenda shall first consult with the Village President regarding such request. The Village President shall have 48 hours to notify the Clerk-Treasurer, in writing, as to the language of the requested agenda item. A copy of the same shall be delivered to the requesting Trustee. In the event the President fails to act on said agenda request, any two Trustees may file, in writing, with the Clerk-Treasurer, the specific language to be placed on the agenda. The Clerk-Treasurer shall include the agenda language on the agenda at the time of public notice of the meeting. Any additional agenda item(s) must be submitted to the Clerk-Treasurer, by the Village President or any two Trustees, in a timely manner such that it will satisfy public notice requirements.
D. 
Adjournments. The Board may, by a majority vote of those present, but by not less than three affirmative votes, adjourn from time to time to a specific date and hour.
E. 
Open meetings. All meetings shall comply with the notice and other requirements of the Wisconsin Open Meeting Law.
F. 
Participation via telecommunications.
(1) 
In the event that a regular or special meeting of the Village Board is scheduled and a Trustee cannot be physically present at the meeting due to prior commitments (remote trustee), the Trustee may participate via telecommunications under the following conditions:
(a) 
There is a quorum of other Trustees physically present in the Board Room at the time that the meeting is called. Under no circumstances shall attendance via telecommunications be used to constitute a quorum.
(b) 
The Trustee who desires to attend a meeting via telecommunications shall contact the Village Clerk-Treasurer or the Administrator as soon as practically possible to advise them that his or her presence at a meeting will be physically impossible.
(c) 
The Clerk-Treasurer will make arrangements to have the telephone handset available for use in the Board Room.
(d) 
The handset or other communication device must be placed in the Board Room so that the member not physically present can hear and be heard by all who are physically present including the members of the public.
(e) 
Trustees attending via telecommunications shall attend the entire meeting and may not attend for certain selected items of interest and then disconnect.
(f) 
Trustees attending via telecommunications may participate in debate the same as any other Trustee and vote at the appropriate time via roll call. To avoid confusion, the President or designated chair will ask the remote Trustee, prior to any votes taken, for his or her comments on a particular issue.
(g) 
The Trustees attending the meeting via telecommunications shall initiate the contact with the Clerk from wherever their physical presence may be at least 10 minutes prior to the meeting to ensure a timely start of the board meeting.
(h) 
Failure to establish the connection at that time shall result in the remote Trustee not being able to attend the meeting.
(i) 
Any fees associated with this contact shall be at the remote Trustee's expense.
(2) 
A remote Trustee shall not be permitted to participate in a closed session of the Board, and must be disconnected from the telecommunications immediately after the Board votes to enter into a closed session. The remote Trustee shall not permitted to participate in any action, if any, when the Board adjourns to open session following a closed session, and prior to adjournment.
[Amended 3-5-2019 by Ord. No. 2019-04]
A. 
Designated. The Village President shall preside. In the absence of the President, the Clerk-Treasurer shall call the meeting to order and the Trustees present shall elect one of their members as the temporary presiding officer. If the President appears while the meeting is in session, the temporary presiding officer shall vacate the chair.
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 the latest revision of Robert's Rules of Order, unless otherwise provided by statute or by these rules.
C. 
Decisions, appeals from. Any member may appeal from a decision of the presiding officer. An appeal shall be sustained by a 3/4 vote of the members present, excluding the presiding officer.
D. 
If the Board President is absent or temporarily incapacitated, the Village Board may appoint a member of the Village Board to discharge the President's duties until he or she returns or until the Board President is able to resume his or her duties.
E. 
The Village Board shall designate, by an approved motion, a member of the Village Board, not including the Village President, as the alternate signatory of all Village bills and legal documents in the absence of the Village President to sign.
[Amended 11-7-2018 by Ord. No. 2018-22]
A. 
Roll call; procedure when quorum not in attendance. As soon as the Board is called to order, the Clerk-Treasurer shall proceed to call the names of the members in alphabetical order, noting who is present and who is absent, and record the same in the proceedings of the Board. If there is not a quorum present, the fact shall be entered on the journal and the Board may adjourn; or the President, or in his or her absence the Clerk-Treasurer, when requested by three or more members, may issue a process to any constable or policeman commanding him or her to summon all of the absentees to the meeting. Any member may leave the meeting with special permission from three members of the Board. Any member of the Village Board who is unable to attend a properly noticed meeting of the Village Board shall give written or oral notice of his or her inability to attend to the Village Clerk-Treasurer or Village Administrator, as soon as practicable, and the Village Clerk-Treasurer or Village Administrator shall announce, prior to the taking of the roll call being taken at the meeting, that that member will be unable to attend and has provided notification of their absence, or, if no notification has been provided, inform the Board, prior to the roll call being taken, that that member is absent without notification.
B. 
Quorum. A majority of the members of the Village Board shall constitute a quorum. The President shall be counted in computing a quorum. A majority vote of all members of the Village 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.
In the absence of the Clerk-Treasurer, a Deputy Clerk-Treasurer shall act as Clerk pro tem.
The deliberations of the Village Board shall be conducted in the following manner:
A. 
When a member is about to speak, he or she shall address himself or herself to the presiding officer, and the presiding officer shall recognize the member entitled to speak. When two or more members simultaneously seek recognition, the presiding officer shall name the member who is to speak first. A member shall confine his or her remarks to the question under discussion.
B. 
No person other than a member shall address the Board, except by vote of a majority of the members present, or during a period when the meeting has been opened by the presiding officer for public discussion.
C. 
Every motion or proposition submitted to the Village Board for consideration must be reduced to writing if the presiding officer or any member so requires. Every resolution or ordinance submitted to the Village Board must be in writing.
D. 
No motion shall be discussed or acted upon until it has been seconded unless the rules permit one Trustee to initiate action. No motion shall be withdrawn without the consent of the person making the same and the person seconding it.
E. 
When a motion is made and seconded it shall be deemed to be before the Village Board and shall be stated by the presiding officer, or in writing read by the Clerk-Treasurer, previous to debate. A motion may be withdrawn at any time before a vote has been taken thereon.
F. 
When a question is under discussion, no action shall be in order except the following motions, which shall have precedence in the order listed:
(1) 
To adjourn.
(2) 
To lay on the table.
(3) 
To move the question.
(4) 
To postpone to a certain day.
(5) 
To refer to a committee.
(6) 
To amend.
G. 
Any member desiring to terminate debate may move the question, in which event the presiding officer shall announce the question substantially as, "Shall the question now be put?" If a majority of the members present vote in the affirmative, the main question shall be voted upon without further debate, its effect being to put an end to all debate and bring the Board to a direct vote, first upon any pending amendments and then upon the main question.
H. 
Any Trustee may demand a roll call vote on any matter, and such vote shall be entered in the proceedings. Every member shall vote when a question is put unless the Board by a majority vote of those present excuses him or her for special cause.
I. 
Any proposed ordinance, order or resolution, after reference to a committee and a report submitted thereon, may be again referred by the Village Board at any time previous to its final passage.
J. 
A motion to adjourn shall always be in order; and a motion to adjourn or to lay on the table and a call for the question shall be decided without debate.
K. 
The President shall vote as a member of the Board.
L. 
No member of the Board shall vote upon any proposed ordinance, order, resolution, or proposition in which he or she may be personally interested other than as a citizen of the Village.
M. 
All questions shall be decided by a roll call of the members. A Board member may not change his or her vote on any question after the result has been announced.
N. 
Any member voting with the majority may move for a reconsideration of the vote on any question immediately after the vote is had or at the next succeeding meeting. A motion to reconsider, being put and lost, shall not be renewed.
O. 
Any member of the Board shall have the right to protest against any ordinance of the Board which he or she may think injurious to the public or to any individual and have his or her reasons for his or her protests entered upon the records.
The presiding officer shall maintain order and decorum, and may order any person to leave a Village meeting if the person has conducted himself or herself in a disorderly manner and persisted in such conduct after being directed by the presiding officer to cease the conduct. If the person refuses the presiding officer's order to withdraw, the presiding officer may order a law enforcement officer to take the person into custody until the meeting is adjourned.
A. 
Officers. The following officers shall be appointed:
(1) 
Village Administrator.
(2) 
Clerk-Treasurer.
(3) 
Assessor.
(4) 
Animal Control Officer.
B. 
Appointments. Appointed officials shall serve at the pleasure of the Village Board but may be appointed for a fixed term not to exceed three years. Appointments shall be in writing. A person may be reappointed to the same office. Expiration of the term for which an appointment has been made shall automatically create a vacancy in the office. No person lawfully removed from office for cause shall be eligible to fill the vacancy caused by his or her removal. No person shall have a right to be reappointed to an office. Appointments to office shall be made by the majority vote of the Village Board. A corporation or an independent contractor may be appointed as Village Assessor in compliance with the provisions of § 61.197(1)(f), Wisconsin Statutes 1999-2000, and as the same may be amended or renumbered from time to time.
C. 
Duties. The duties of each office shall be those as required by the Wisconsin Statutes, rules and regulations and the Village ordinances, and as determined by the Village Board from time to time. No contract for an office shall limit the duties to be performed by the official. Reporting requirements and supervisory responsibilities shall be in accordance with a Chart of Organization as shall be established by the Village Board from time to time.
D. 
Removal.
(1) 
Removal from a term of office shall be by affirmative vote of at least three-fifths of the Village Board. A removal shall be made by order delivered to the officer, or if he or she cannot be found, then mailed by certified United States mail, postage prepaid, to his or her last known address and a certified copy of which shall be filed in the office of the Clerk-Treasurer. If removal is for cause, the order shall contain a statement of the cause or causes for which removal is made.
(2) 
Removals from office for cause may be made only upon written verified charges preferred by one or more persons who are either taxpayers or residents, or both, of the Village, and after a speedy public hearing whereat said officer shall have had full opportunity to be heard in his or her defense, both personally and by legal counsel. Before any action shall be taken, the verified charges shall be filed in the office of the Clerk-Treasurer, together with a bond by the person or persons preferring the same in the sum of $1,000, with one or more sureties to be approved by the Village Board, conditioned for the payment of all costs and expenses actually incurred by the Village in the hearing and investigation of such charges. A copy of the charges and written notice of the time and place for the hearing thereon shall be given the officer by the Village by personal delivery or by mailing the same by certified United States mail, postage prepaid, to his or her last known address, not less than 15 days prior to the hearing. Service on the officer shall be deemed to be on the date of personal delivery, or on the date of mailing, whichever is applicable. The officer may within 10 days from service of such charges file his or her verified answer thereto with the office of the Clerk-Treasurer. The hearing shall be conducted and an investigation made by the Village Board with due dispatch. The Village Board may make and enforce such orders and rules as are necessary to properly conduct the hearing and may appoint and fix the compensation of a stenographer or court reporter to take testimony thereat. Evidence may be presented to the Village Board on videotape which is properly authenticated. Each member of the Village Board is authorized to administer oaths and to issue subpoenas for the attendance of witnesses and for the production of evidence. Upon the issuance of an order for removal for cause, there shall be filed in the office of the Clerk-Treasurer a complete transcript of the testimony and proceeding at the hearing. The expenses of the procedure for removal shall be paid by the Village; except that, if the Village Board finds against removal and further finds that the complaint was willful and malicious, and without probable cause, all such expenses shall be paid by the person or persons who preferred the charges and may be collected in an action against him or all of them, or on the bond furnished, or both.
E. 
Village Administrator.
(1) 
The Administrator shall be appointed on the basis of merit with due regard to training, experience, administrative ability and general fitness for the office as shall be determined by the Village Board of Trustees ("Board").
[Amended 1-6-2015 by Ord. No. 01-2015]
(2) 
Functions and duties. The Administrator shall be the chief administrative officer of the Village, responsible to the Board for the proper administration of the business affairs of the Village, pursuant and subject to the case and statutory law of the State of Wisconsin, the resolutions and ordinances of the Village, and the directives of the Board, with such powers and duties as are delegated.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BOARD
A permanent body of the Village whose members are officially appointed and empowered to exercise designated governmental functions. When used in this section, the term "board" shall not include the Village Board.
COMMISSION
A board.
COMMITTEE
An official body of the Village to which has been delegated particular duties which are to be performed in the expectation that such acts will be confirmed by the Village Board, or that its recommendations and advice will be of aid and assistance to the Village Board in determining what acts and functions the Village should perform.
B. 
Creation. The following boards, commissions and committees are created to perform such duties as required by the Wisconsin Statutes, rules and regulations and the Village ordinances, and as determined via Village Board resolution as may be amended from time to time:
(1) 
Planning and Zoning Commission.
(2) 
Board of Appeals.
(3) 
Board of Review.
(4) 
Board of Police Commissioners.
(5) 
Board of Fire Commissioners.
(6) 
Public Works and Utilities Advisory Committee.
(7) 
Site Review Committee.
(8) 
Ethics Committee.
C. 
Appointments. Unless otherwise required by Wisconsin Statutes, and/or specifically denoted in the appointments sections of each board, commission or committee below, members of such boards, commissions and committees shall be appointed to regular terms by the Village President, subject to confirmation by the Village Board at a meeting held after the spring election and prior to May 1 of the calendar year in which the term is to begin. Regular terms shall commence on May 1 and end April 30, and be of such length as hereinafter provided. In the event of a vacancy during a term on a board, commission or committee which does not have an appointed alternate member, an appointment for the remainder of the term shall be made by the Village President, subject to confirmation by the Village Board. In the event of a vacancy during a term on a board, commission or committee having an appointed alternate, that alternate member shall take the place of the vacating regular member, if he or she so accepts, and the Village shall seek to appoint another alternate member in the same manner prescribed above. All appointments shall take into consideration the qualifications for members of the specific board, commission, or committee as established by the Village Board from time to time. All members of boards, commissions, and committees shall serve at the pleasure of the Village Board unless otherwise provided by Wisconsin Statutes.
D. 
Boards/commissions.
(1) 
Planning and Zoning Commission.
(a) 
Composition. The Planning and Zoning Commission shall consist of seven regular members ("Commissioners"), one of whom is the Village President and one of whom is another Village Board member. The Village President shall serve as the Commission's presiding officer, and the Village President and Village Board member shall serve as full voting Commissioners. The Commission shall always have at least three citizen Commissioners who are not Village officials.
(b) 
Appointments. All members of the Commission shall be appointed by the Village President to three-year terms, except that initial appointments shall be as follows: three-year terms, three two-year terms, and one one-year term. Appointments to the Commission do not require Village Board confirmation. Appointments shall be made during the month of April for terms that expire in April or at any other time if a vacancy occurs during the middle of a term.
(c) 
Quorum. A majority of the Planning and Zoning Commissioners (four), shall constitute a quorum. If there is not a quorum present, the fact shall be entered on the journal, and the Commission may adjourn. At least four members of the Commission must vote on all matters, exclusive of abstentions; a majority vote of all members electing to vote shall be necessary for passage or approval of any matter before the Commission.
(2) 
Board of Appeals.
(a) 
Composition. The Board of Appeals shall consist of five regular members and two alternate members. No member of the Village Board shall be a member of the Board of Appeals.
(b) 
Appointments. All regular members of the Board of Appeals shall be appointed by the Village President, subject to the confirmation of a majority vote of the Village Board, to three-year terms, except that initial appointments shall be as follows: two three-year terms, two two-year terms, and one one-year term.
(c) 
Quorum. A majority of the regular members of the Board of Appeals (three) shall constitute a quorum. If there is not a quorum present, the fact shall be entered on the journal, and the Board may adjourn.
(d) 
Alternate members. Alternate members shall serve for staggered three-year terms. Annually, the Village President, not subject to a majority vote of the Village Board, shall designate the first alternate member and the second alternate. The first alternate shall act, with full power, only when a member of the Board refuses to vote because of interest or when a member is absent. The second alternate shall so act only when the first alternate so refuses or is absent or when more than one member of the Board so refuses or is absent.
[Amended 1-6-2015 by Ord. No. 01-2015]
(3) 
Board of Review.
(a) 
Composition. The Board of Review shall consist of five regular members and the Clerk-Treasurer, who shall be a nonvoting member and act as Secretary to the Board.
(b) 
Appointments. All regular members of the Board of Review shall be appointed by the Village President, subject to the confirmation of a majority vote of the Village Board, to five-year terms, except that initial appointments shall be as follows: two three-year terms, two two-year terms and one one-year term.
(c) 
Quorum. A majority of the regular members of the Board of Review (three) shall constitute a quorum. If there is not a quorum present, the fact shall be entered on the journal, and the Board may adjourn.
(4) 
Board of Police Commissioners.
[Amended 10-7-2014 by Ord. No. 04-2014]
(a) 
Composition. The Board of Police Commissioners shall be constituted in accordance with Wisconsin Statutes, including § 61.65, Wis. Stats., but none of the specified "optional powers of Board" are extended to the Board of Police Commissioners. The Board shall consist of five members, at least three of whom are residents of the Village of Hobart, and none of whom shall hold any other public office in the Village of Hobart, or in any other municipality.
[Amended 1-6-2015 by Ord. No. 01-2015]
(b) 
Appointments. All regular members of the Board of Police Commissioners shall be appointed by the Village President, subject to the confirmation of a majority vote of the Village Board, to five-year terms, except that initial appointments shall be as follows: one five-year term, one four-year term, one three-year term, one two-year term, and one one-year term.
(c) 
Quorum. A majority of the members of the Board of Police Commissioners (three) shall constitute a quorum. If there is not a quorum present, the fact shall be entered on the journal, and the Board may adjourn.
(5) 
Board of Fire Commissioners.
[Added 10-7-2014 by Ord. No. 04-2014]
(a) 
Composition. The Board of Fire Commissioners shall be constituted in accordance with Wisconsin Statutes, including § 61.65, Wis. Stats., but none of the specified "optional powers of Board" are extended to the Board of Fire Commissioners. The Board shall consist of five members, none of whom shall hold any other public office in the Village of Hobart, or in any other municipality.
(b) 
Appointments. All regular members of the Board of Commissioners shall be appointed by the Village President, subject to the confirmation of a majority vote of the Village Board, to five-year terms, except that initial appointments shall be as follows: one five-year term, one four-year term, one three-year term, one two-year term, and one one-year term.
(c) 
Quorum. A majority of the members of the Board of Fire Commissioners (three) shall constitute a quorum. If there is not a quorum present, the fact shall be entered on the journal, and the Board may adjourn.
E. 
Committees.
(1) 
Public Works and Utilities Advisory Committee.
(a) 
Composition. The Public Works and Utilities Committee shall consist of seven regular members, two of whom shall be Village Board members, and one alternate member. Village Board members shall serve as full voting members. All regular members shall be residents of the Village.
(b) 
Appointments. In accordance with Subsection C of this section, members shall be appointed to three-year terms, except that initial appointments shall be as follows: three three-year terms, three two-year terms, and two one-year terms.
(c) 
Quorum. A majority of the regular members of the Public Works and Utilities Committee (four) shall constitute a quorum. If there is not a quorum present, the fact shall be entered on the journal, and the Committee may adjourn.
(d) 
Alternate member. The alternate member shall attend and participate in all Committee meetings, but shall only act with full voting authority when a regular member of the Committee refuses to vote because of interest or when a regular member is absent.
(2) 
Site Review Committee.
(a) 
Composition. The Site Review Committee shall consist of seven regular members, two of whom shall be Village Board members, and one alternate member. Village Board members shall serve as full voting members. All regular members shall be residents of the Village.
(b) 
Appointments. In accordance with Subsection C of this section, members shall be appointed to three-year terms, except that initial appointments shall be as follows: three three-year terms, three two-year terms, and two one-year terms.
(c) 
Quorum. A majority of the regular members of the Site Review Committee (four) shall constitute a quorum. If there is not a quorum present, the fact shall be entered on the journal, and the Committee may adjourn.
(d) 
Alternate member. The alternate member shall attend and participate in all Committee meetings, but shall only act with full voting authority when a regular member refuses to vote because of interest or when a regular member is absent.
(3) 
Ethics Committee.
(a) 
Composition. The Ethics Committee shall consist of five regular members. None of the members shall hold any other public office in the Village. All members shall be residents of the Village.
(b) 
Appointments. In accordance with Subsection C of this section, members shall be appointed to three-year terms, except that initial appointments shall be as follows: two three-year terms, two two-year terms, and one one-year term.
(c) 
Quorum. A majority of the regular members of the Ethics Committee (three) shall constitute a quorum. If there is not a quorum present, the fact shall be entered on the journal, and the Committee may adjourn.
(4) 
Other advisory or ad hoc committees. The Village Board may, via resolution approved by a majority of the Village Board, create such other advisory or ad hoc committees, for such period of time, for such purposes, and of such size, as it shall determine from time to time. Any appointments to such committees shall be made by the Village President, subject to confirmation of the Board.
F. 
Miscellaneous.
(1) 
Unless otherwise provided herein, or as required by Wisconsin Statutes, each Board, Commission and Committee shall annually elect its Chairperson, Vice Chairperson, and, if applicable, Secretary, at its first regular meeting held after April 30.
(2) 
Notice of all meetings shall comply with the notice and other requirements of the Wisconsin Open Meeting Law.
(3) 
Any board, commission or committee may request any Village officer to confer with it and supply information needed in connection with any matter pending before it. Every such request shall be in writing furnished to the appropriate officer, with a copy to the Clerk-Treasurer, at least 72 hours before the expected return or meeting date.
(4) 
This Charter Ordinance was first established in 2002. Subsequent amendment history is as follows: 2013: §§ 5-2, 5-3, 5-9 and 5-10.[1]
[1]
Editor's Note: Section 5-10 was subsequently amended 10-7-2014 by Ord. No. 04-2014. Original Sec. 100.10, Interpretation, which immediately followed this section, was repealed 1-6-2015 by Ord. No. 01-2015.
[Added 3-5-2019 by Ord. No. 2019-03]
A. 
Definitions. As used in this subsection, unless the context otherwise clearly indicates:
BOARD
The Village Board of Trustees.
CIVIL EMERGENCY
Injury and damage resulting from disasters caused by enemy attack, sabotage, or other hostile actions, or by fire, flood, storm, earthquake or other natural and man-made causes.
EMERGENCY INTERIM SUCCESSOR
A person designated for possible temporary succession to the powers and duties, but not the office, of a Village officer in the event that such officer or any duly authorized deputy is unavailable to exercise the powers and discharge the duties of the office.
SICKNESS OR INJURY INCIDENT
Events or a series of events which may occur involving one or more key executive, administrative or legislative officials of the Village, who could fall victim to an individual, concurrent or common injury or sickness which could disturb the usual and normal continuity of the Village's government.
STATE OF EMERGENCY, A
Shall be deemed to exist whenever during times of public crisis, disaster, rioting, catastrophe, or similar public emergency, for any reason, public safety authorities are unable to maintain public order or afford adequate protection for lives, safety or property, or whenever the occurrence of any such condition is imminent.
UNAVAILABLE
Either that a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the lawful incumbent of the office (including any deputy exercising the powers and discharging the duties of an office because of a vacancy) and his or her duly authorized deputy are absent or unable, for physical, mental or legal reasons, to exercise the powers and discharge the duties of the office.
VILLAGE
The Village Of Hobart, Brown County, Wisconsin.
B. 
Designation, status, qualifications and term of emergency interim successors.
(1) 
Appointive officers. The Board president shall, within 60 days following the effective date of the ordinance codified in this chapter, designate for appointive officers including Village Administrator, Village Clerk-Treasurer, Chief of Police, Fire Chief, Director of Public Works, Director of Building and Code Compliance, Deputy Village Clerk-Treasurer, Village Attorney an emergency interim successor to each of these officers.
(2) 
Qualifications. No person shall be designated to serve as an emergency interim successor unless he or she may, under the Constitution and statutes of the State of Wisconsin and the charter or ordinances of the Village, hold the office of the person to whose powers and duties he or she is designated to succeed, but no provision of any ordinance prohibiting an officer or employee of this Village from holding another office shall be applicable to an emergency interim successor.
(3) 
Status of emergency interim successor. A person designated as an emergency interim successor holds that designation at the pleasure of the Board President. He or she retains this designation as emergency interim successor until replaced by another appointed by the Board President.
(4) 
Required order of succession. The normal succession of office for legislative officials shall be:
(a) 
Village Board President to the remainder of the Board in the order of longest to least tenure, with the longest tenure is to be calculated as the total length of consecutive service as a member of the Board of Trustees;
(b) 
In the event of two or more members having equal tenure, the order of succession shall be determined on the basis of the largest number of votes received at the most recent general election;
(c) 
Should the Village Board President and all Board members be incapacitated or otherwise unable to perform their duties for any reason, and until such time as they are able to resume their duties, or until a normal process of appointment or election can provide successors in order to assure the continuity and availability of governmental services, the succession for administrative purposes shall continue to the administrative heads of the departments of Village government or their successors;
(d) 
The order of succession by department heads shall continue as follows: Village Administrator, Village Clerk-Treasurer, Chief of Police, Fire Chief, Director of Public Works, Director of Building and Code Compliance, Deputy Village Clerk-Treasurer, Village Attorney.
C. 
Assumption of powers and duties of officer by emergency interim successor. If in the event of a civil emergency or sickness or injury incident, any officer named in Subsection B(1) above is unavailable, his or her emergency interim successor highest in rank in order of succession who is available shall, except for the power and duty to appoint emergency interim successors, exercise the powers and discharge the duties of such officer. An emergency interim successor shall exercise these powers and discharge these duties only until such time as the lawful incumbent officer or an emergency interim successor higher in rank in order of succession exercises, or resumes the exercise of, the powers and discharge of the duties of the office, or until, where an actual vacancy exists, a successor is appointed to fill such vacancy or is elected and qualified as provided by law.
D. 
Recording and publication. The name, address and rank of each duly authorized emergency interim successor shall be filed with the Village Administrator and each designation or replacement of an emergency interim successor shall become effective when the Board President files with the Village Administrator the successor's name, address and rank. The Village Administrator shall keep on file all such data regarding duly authorized emergency interim successors and it shall be open to public inspection.
E. 
Quorum and vote requirements. In the event of a civil emergency:
(1) 
Quorum requirements for the Village Board shall be suspended.
(2) 
Where the affirmative vote of a specified proportion of members for approval of an ordinance, resolution or other action would otherwise be required, the same proportion of those voting thereon shall be sufficient.
F. 
State of emergency.
(1) 
Declaration. In the event of an existing or threatened state of emergency endangering the lives, safety, health and welfare of the people within the Village or any part thereof, or threatening damages to or destruction of property, the Board President is hereby authorized and empowered to issue a public proclamation declaring to all persons the existence of such a state of emergency, and, in order to more effectively protect the lives and property of people within the Village, to place in effect any or all of the restrictions hereinafter authorized.
(2) 
Proclamation imposing prohibitions and restrictions. The Board President, by proclamation may impose the prohibitions and restrictions specified in this section in the manner described in those sections.
(a) 
The Board President may impose as many of those specified prohibitions and restrictions as he/she finds are necessary, because of an emergency, to maintain an acceptable level of public order and services, and to protect lives, safety, and property.
(b) 
The proclamation shall be in writing.
(c) 
The Board President shall take reasonable steps to give notice of the terms of the proclamation to those affected by it and shall post a copy of it at the Village Officer, or the most reasonable Village or public building if the Village Office is rendered unusable.
(d) 
The Board President shall send the proclamation to the mass communications media which serves the affected area and officials located within the Village.
(e) 
The Board President shall retain a text of the proclamation and furnish upon request certified copies of it.
(3) 
Evacuation. The Board President may direct and compel the evacuation of all or part of the population of the Village, to prescribed routes, modes of transportation, and destination in connection with evacuation; and to control ingress and egress of a major emergency or disaster area, the movement of persons within the area, and the occupancy of premises therein. Details of the evacuation may be set forth or amended in a subsequent proclamation which shall be publicized.
(4) 
Curfew. The proclamation may impose a curfew prohibiting in certain areas and during certain periods the appearance in public of anyone who is not a member of an exempted class. The proclamation shall specify the geographical area or areas and the period during each twenty-four-hour day to which the curfew applies. The Board President may exempt from some or all of the curfew restrictions classes of people whose exemption the Board President finds necessary for the preservation of the public health, safety, and welfare. The proclamation shall state the exempted classes and the restrictions from which each is exempted. Unless otherwise specified in the proclamation, the curfew shall apply during the specified period each day until the Board President by proclamation removes the curfew.
(5) 
Restrictions on access to areas.
(a) 
The proclamation may prohibit obtaining access or attempting to obtain access to any area, designated in the manner described in this section, in violation of any order, clearly posted notice, or barricade indicating that access is denied or restricted.
(b) 
Areas to which access is denied or restricted shall be designated by the Chief of Police and his subordinates or other law enforcement officers when directed in the proclamation to do so by the Board President. When acting under this authority, the Chief of Police and his subordinates may restrict or deny access to any area, street, highway or location within the Village if that restriction or denial of access or use is reasonably necessary to promote efforts being made to overcome the emergency/disaster or to prevent further aggravation of the emergency/disaster.
(c) 
The proclamation may prohibit or restrict:
[1] 
Movements of people in public places;
[2] 
The operation of offices, business establishments, and other places to or from which people may travel or at which they may congregate;
[3] 
Other activities or conditions the control of which may be reasonably necessary to maintain order and protect lives or property during the state of emergency, within the area designated in the proclamation.
(6) 
Removal of prohibitions and restrictions. The Board President shall by proclamation terminate the entire declaration of emergency or remove any of the prohibitions and restrictions when the emergency no longer requires them, or when directed to do so by the Board.
(7) 
In case of absence or disability. In case of the absence or disability of the Board President, the Board member so designated as his or her successor in Subsection B(4) above shall have and exercise all of the powers which have been herein given to the Board President. In the case of the absence or disability of all Board members so designated in Subsection B(4) above, the Village Administrator or his or her designee or successor shall have and exercise all of the powers which have been given herein to the Board President.