[HISTORY: Adopted by the Village Board of the Village of
Allouez as Ch. 100 of the Village Code (charter ordinance). Amendments
noted where applicable.]
A.
Constituted.
The Village Board shall consist of the Village President and six Trustees,
all of whom shall be elected from the Village at large.
B.
Term
of office.
(1)
The three Trustees elected at the regular spring election commencing
in 2002 shall from then on have a three-year term of office.
(2)
The three Trustees elected at the regular spring election in 2003
shall from then on have a three-year term of office.
(3)
The Village President elected at the regular spring election in 2002
shall be elected for a two-year term of office, and then commencing
with the regular spring election in 2004 shall thereafter be elected
for a three-year term of office.
A.
Regular
meetings. Regular meetings of the Village Board shall be held at least
once during each calendar month, on such day and at such hour as the
Board shall designate. All meetings of the Board, including special
and adjourned meetings, shall be held in the Village Hall unless otherwise
designated by the Village Board and identified in the public notice
of the meeting. Any meeting which the Village Board designates to
be held shall be a regular meeting.
[Amended 4-18-2023 by Ord. No. 2023-03]
B.
Special
meetings.
(1)
Special meetings of the Village Board may be called by the President,
or by any two Trustees, 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 five 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)
Special meetings may be held without such notice when all members
of the Village Board are present in person or consent in writing to
the holding of such meeting, such written consent to be filed with
the Clerk-Treasurer prior to the beginning of the meeting.
(3)
Any special meeting attended by the President and all the Trustees
shall be a regular meeting for the transaction of any business that
may come before such meeting.
C.
Adjournments.
The Board may, by a majority vote of those present but by not fewer
than three affirmative votes, adjourn from time to time to a specific
date and hour.
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.
Appeals
from decisions. Any member may appeal from a decision of the presiding
officer. An appeal shall be sustained by a two-thirds vote of the
members present, excluding the presiding officer.
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 law enforcement officer commanding
him to summon all of the absentees to the meeting. Any member may
leave the meeting with special permission from four members of the
Board.[1]
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 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 if
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.
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 (or any member on an evenly split
vote of the Board) may move for a reconsideration of the vote on any
question at the same meeting the vote is had or at the next succeeding
meeting. The motion for reconsideration shall not be considered unless
all Board members present at the initial vote are again present to
pass upon the reconsideration request.
(1)
In the event that all Board members present at the initial vote are
not present to take up the reconsideration request, the motion for
reconsideration shall automatically be tabled until such time as all
such members are present. A motion to reconsider, being put and lost,
shall not be renewed except as hereinafter provided.
(2)
Any member voting with the initial majority (or any member on an
evenly split vote of the Board) may renew the motion for reconsideration
at a subsequent meeting at which all members present at the time of
the initial vote are again present, upon a showing of newly discovered
facts or other information of a material nature which was not available
at the time of the initial vote, which vote requires a majority plus
one vote for passage.
(3)
The requirements set forth herein relative to certain members being
present to pass upon a reconsideration request shall not apply if
any Board members voting at the initial vote are no longer on the
Board.
(4)
In the event that any successive renewal applications are made, the
Chair or a Trustee may declare the renewal motion to be out of order,
and no further such renewal motions will be entertained by the Board
unless such declaration is then and there appealed and defeated by
a majority plus one.
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.
Clerk-Treasurer.
The offices of Clerk and Treasurer are combined into the office of
Clerk-Treasurer. For the term commencing May 1, 1988, and continuing
thereafter, the Clerk-Treasurer shall be appointed, and not elected,
to office as hereinafter provided.
C.
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), Wis. Stats., and as the same may be amended
or renumbered from time to time.
D.
Duties.
The duties of each office shall be those as required by the Wisconsin
Statutes, rules and regulations, 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 table of organization as shall be established by the Village
Board from time to time.
E.
Removal.
(1)
Removal from a term of office shall be by affirmative vote of at
least 2/3 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 a taxpayer
or resident, 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.
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
F.
Village
Administrator.
(1)
Qualifications. 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").[1]
(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.
(3)
Combined office. The office of Administrator may be, but is not required
to be, combined with the office of the Clerk-Treasurer. If such offices
are combined, salary and any and all other compensation for the position
shall be paid on the basis of the combined office being a single office
and shall not be paid on the basis of the individual offices so held.
A.
BOARD
COMMISSION
COMMITTEE
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
A permanent body of the Village whose members are officially
appointed and empowered to perform certain acts of a public nature
and to exercise designated governmental functions. When used in this
section, the term "board" shall not include the Village Board.
A board.
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,
the Village ordinances, and as determined by the Village Board from
time to time:
[Amended 3-15-2011; 12-4-2012; 5-6-2014]
(1)
Village Plan Commission is established under the provisions of § 62.23(1),
Wis. Stats., and hereby vested with such authority as specified in
state statutes.
(2)
Parks, Recreation and Forestry Committee.
(3)
Public Works Committee.
(4)
Economic Development Committee.
(5)
Board of Appeals.
(6)
Board of Review.
(7)
Ethics Board.
(8)
Historic Preservation Commission.
[Amended 2-7-2017 by Ord.
No. 2017-02; 8-1-2023 by Ord. No. 2023-07]
C.
Appointments.
Members of such committees, boards and commissions 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, an appointment for the remainder of the term shall be made by
the Village President subject to confirmation by the Village Board.
Members may be reappointed, except that no person shall serve, or
be appointed to a term for which he would become eligible to serve,
for a period which shall exceed 10 consecutive years unless the person
holds such membership by reason of his or her elected public office
or his or her employment by the Village or is otherwise reappointed
by the Village Board. Reappointments which exceed the ten-year maximum
shall be made only when qualified replacements are not available and
shall be for one-year terms. One-year reappointments shall not be
made for more than five consecutive years. Qualified applicants who
have not served for 10 consecutive years should be appointed before
extensions are granted. All appointments shall take into consideration
the qualifications for members of the specific committee, board or
commission, as established by the Village Board from time to time.
All members of committees, boards and commissions shall serve at the
pleasure of the Village Board.
D.
Committees
and commissions.
(1)
Village Plan Commission.
(a)
The Village Plan Commission shall consist of six regular members
and three alternate members, none of whom shall hold any other public
office in the Village, and one Village of Allouez Trustee. Regular
and alternate members shall be appointed for three-year terms, except
that initial appointments of the alternate members shall be for one
three-year term, one two-year term, and one one-year term.
(b)
Each year, the Village President shall designate one of the alternate
members as "first alternate," one as "second alternate" and the other
as "third alternate." The first alternate shall act with full power
only when a member of the Village Plan Commission 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 regular member of the Commission so refuses
or is absent. The third alternate shall so act only when the first
and second alternates refuse to vote or are absent or when more than
two regular members of the Commission refuse to vote or are absent.
(c)
Four members of the Village Plan Commission 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)
The Parks, Recreation and Forestry Committee shall consist of six
regular members, none of whom shall hold any other public office in
the Village, and one Village of Allouez Trustee. Appointments for
the six regular members shall be for three-year terms. The appointment
for the Village of Allouez Trustee shall be made annually along with
the appointments of the other Village Trustees who serve on committees/boards/commissions.
[Amended 5-19-2015 by Ord. No. 2015-04]
(3)
The Public Works Committee shall consist of two Board members and
three citizen members, with the Village Administrator and Public Works
Director serving as staff liaisons to the Committee. The Board members
shall be appointed annually for a one-year term. Citizen members can
be appointed for three-year terms, except that initial appointments
shall be for one three-year term and one two-year term.
[Amended 1-18-2022 by Ord. No. 2022-03]
(4)
The Economic Development Committee shall consist of six regular members
and three alternate members, none of whom shall hold any other public
office in the Village, and one Village of Allouez Trustee. Regular
members shall be appointed to three-year terms, except that initial
appointments shall be for two three-year terms, two two-year terms,
and two one-year terms. Alternate members shall be appointed to three-year
terms, except that initial appointments shall be for one three-year
term, one two-year term, and one one-year term. The appointment for
the Village of Allouez Trustee shall be made annually along with the
appointments of the other Village Trustees who serve on committees/boards/commissions.
[Amended 12-16-2014 by Ord. No. 2014-26; 5-2-2017 by Ord. No. 2017-05]
(5)
The Historic Preservation Commission shall consist of six regular
members, none of whom shall hold any other public office in the Village,
and one Village of Allouez Trustee. Of the membership, if available
in the community, one shall be a registered architect and one shall
be a licensed real estate broker. Each member shall have, to the highest
extent possible, a known interest in historical preservation. Appointments
for the six regular members shall be for three-year terms, except
that initial appointments shall be for two three-year terms, two two-year
terms and two one-year terms. The appointment for the Village of Allouez
Trustee shall be made annually along with the appointments of the
other Village Trustees who serve on committees/boards/commissions.
[Amended 5-3-2016 by Ord.
No. 2016-02; 2-7-2017 by Ord. No. 2017-02; 8-1-2023 by Ord. No. 2023-07]
(6)
The Village Board may 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.
E.
Boards.
[Amended 3-15-2011; 12-4-2012]
(1)
The Board of Appeals shall consist of five regular members and three
alternate members. Regular members shall be appointed to three-year
terms, except that initial appointments shall be for two three-year
terms, one two-year term and two one-year terms. Alternate members
shall be appointed to three-year terms, except that initial appointments
shall be for one three-year term, one two-year term and one one-year
term.
(2)
The Board of Review shall consist of five regular members, none of
whom shall hold any other public office in the Village, and the Clerk-Treasurer
who shall be a nonvoting member and act as Secretary to the Board.
Regular members shall be appointed to two-year terms, except that
initial appointments shall be for two two-year terms and three one-year
terms.
(3)
The Ethics Board shall consist of five regular members, a first alternate
member, and a second alternate member, none of whom shall hold any
other public office in the Village. Regular members shall be appointed
to three-year terms, except that initial appointments shall be for
two three-year terms, one two-year term, and two one-year terms. Alternate
members shall be appointed to two-year terms, with the first alternate
being appointed in odd-numbered years and the second alternate being
appointed in even-numbered years, except that the initial appointment
of the second alternate shall be for a one-year term in an odd-numbered
year. If a regular member cannot sit or act on a matter, the first
alternate member shall take the regular member's place for that matter.
If a second regular member or the first alternate member cannot sit
or act on a matter, the second alternate member shall take the place
of the regular or first alternate member for that matter. The Ethics
Board is authorized to hold hearings and to act on matters if a quorum
of three members, either regular or alternate, is present.
F.
Miscellaneous.
[Amended 7-5-2016 by Ord.
No. 2016-12]
(1)
Each committee, board and commission shall elect its chairperson
annually at its first regular meeting held after April 30. No person
shall be elected or act as chairperson for more than two consecutive
years, but such person may act as chairperson for more than two years
during his tenure of all terms he or she may serve on such committee,
board or commission.
(2)
Written notice of the time, place and purpose of a meeting of a committee,
board or commission shall be filed with the Clerk-Treasurer at least
72 hours before it is held. All meetings shall comply with the notice
and other requirements of the Wisconsin Open Meeting Law.[1]
[1]
Editor's Note: See §§ 19.81 to 19.98, Wis.
Stats.
(3)
Any committee, board or commission 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.
The wording of this chapter has been chosen because of brevity
and to promote clarity. As to all references in this chapter, and
as may be applicable:
A.
The masculine gender shall be deemed to include the feminine gender,
and vice versa;
B.
The singular shall be deemed to include the plural, and vice versa;
C.
The term "Village," used either as a noun or as an adjective, means
the Village of Allouez;
D.
Designation by title of any elected or appointed official, or employee,
means such official or employee of the Village of Allouez;
E.
The terms "state" and "Wisconsin" mean the State of Wisconsin; and
F.
The term "county" means Brown County, Wisconsin.
Except for their salary as provided by ordinance, Village Board
members shall receive no Village of Allouez paid compensation whatsoever,
whether from insurance benefits or otherwise, except as required by
law.