[HISTORY: Adopted by the Village Board of the Village of
Howards Grove as § 2-1-1 and Title 2, Ch. 2, of the 1993
Code of Ordinances. Amendments noted where applicable.]
The Village of Howards Grove is a body corporate and politic
with the powers of a municipality at common law and governed by the
provisions of Chapters 61 and 66 of the Wisconsin Statutes, laws amending
those chapters, other acts of the Legislature and the Constitution
of the State of Wisconsin.
The Trustees of the Village of Howards Grove 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 Howards Grove shall have six
Trustees in addition to the President, who is a Trustee by virtue
of his office as President. The six Trustees shall constitute the
Village Board. Three Trustees shall be elected at each annual spring
election for a term of two years, commencing on the third Tuesday
of April in the year of their election. Members of the Village Board
shall be residents of the Village at the time of their election and
during their terms of office.
B.
Appointment as President. A Village Trustee shall be eligible for
appointment as Village President to fill an unexpired term.
A.
Election. The Village President shall be elected at the annual spring
election in 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 office be a
Trustee and preside at all meetings of the Board, have a vote as Trustee,
and sign all ordinances, rules, bylaws, regulations and commissions
adopted or authorized by the Board and all orders drawn on the treasury.
He shall maintain peace and good order, see that the Village ordinances
are faithfully obeyed, and in case of disturbance, riot or other apparent
necessity appoint as many special marshals as he shall deem necessary,
who for the time being shall possess all the powers and rights of
constables.
A.
Committee appointments. Standing committees of the Village are appointed
by the Village President, subject to confirmation by the Village Board.
The appointments to each committee shall be made at the annual organizational
meeting of the Village Board. Standing committees shall review such
matters as may be referred to them by the Village Board and shall
submit recommendations for Board action.
C.
President to designate chairpersons; committee of the whole; special
committees.
(1)
The Village President shall designate the chairperson of standing
committees. All committee appointments except designation of chairperson
shall be subject to confirmation by a majority vote of the Board.
(2)
All Trustees shall serve on at least one standing committee. The
Village President shall be an ex officio member of each standing committee
or may be appointed to serve as a member of a specific committee.
(3)
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.
(4)
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.
D.
Duties of committees. All committees shall be required to act on
all matters referred to them in a diligent manner and to carry out
such specific duties assigned to them by the Village Board. In addition,
the following committees shall have the duties indicated:
(1)
Finance Committee. The Finance Committee shall:
(a)
Audit all claims against the Village prior to their presentation
to the Village Board.
(b)
Prepare an annual budget for consideration of the Village Board.
(c)
Examine all applications for licenses and permits prior to their
consideration by the Village Board.
(d)
Consider and review all reports and resolutions involving the
expenditure of Village funds.
(e)
Examine and review the financial condition of the Village with
the Village Clerk-Treasurer from time to time and advise the Village
Board accordingly, and to otherwise advise the Clerk-Treasurer in
the carrying out of his duties.
(f)
Recommend to the Village Board the depository for all funds
and the temporary investment of such funds.
(g)
Review from time to time all salary considerations for all Village
officers, both elective and appointive, and make recommendations therefor.
(2)
Public Safety and Zoning Committee. The Public Safety and Zoning
Committee shall:[1]
(a)
Review all matters that concern public safety within the Village.
(b)
Consult with and advise the Fire Departments that provide services
to the Village and review the contracts for such services prior to
their consideration by the Board.
(c)
Be responsible for all law enforcement matters of the Village
and review same with the law enforcement official whenever necessary.
(d)
Review and administer any building codes and zoning codes which
the Village Board may adopt.
(e)
Make recommendations concerning Village safety ordinances.
(3)
Public Works Committee. The Public Works Committee shall:
(a)
Be responsible for the construction and maintenance of the streets
and public ways and the proper lighting thereof.
(b)
Have charge of all public services, including garbage and refuse
collection and disposal, snow and ice removal, street cleaning and
flashing, infestation control and weed control.
(c)
Be responsible for the maintenance and repair of all Village
buildings, structures, machinery, equipment and property under Village
control.
(d)
Have general charge and supervision of all public work in the
Village.
(4)
Health, Welfare and Parks Committee. The Health, Welfare and Parks
Committee shall:
(5)
Personnel Committee.
(a)
The Personnel Committee shall:
[1]
Advise the Board on matters concerning personnel policies and
administration of those policies.
[2]
Review the administrative staffing needs of the Village and
make recommendations as appropriate.
[3]
Review staffing requests for creation, deletion or reclassification
of Village employee positions.
[4]
Develop, maintain and implement a process for the performance
evaluation of Village employees.
[5]
Meet regularly with key Village employees to review performance,
provide feedback and review support provided by the Board.
[6]
Mediate personnel issues which may arise between the Board and
Village employees.
[7]
Evaluate and resolve complaints received by the Village regarding
Village employees.
[8]
Periodically review Village employee compensation plans and
make recommendations as necessary.
[9]
Periodically review Village employee insurance benefit programs
including medical, dental, vision and life.
(b)
The Committee shall include one ad hoc nonvoting member selected
from the department heads by the department heads as an employee representative.
E.
Committee reports.
(1)
All committees are subunits of the Village Board and perform no executive
or administrative Village function other than as specifically authorized
by ordinance or policy adopted by the Village Board.
(2)
Each committee shall give the full Board a report on all matters
referred to it. Such report shall recommend a definite action on each
item and shall be approved by a majority of the committee. Each committee
report shall include the date, time, and place of the meeting and
the members attending.
(3)
Each such committee report, verbal or written, is deemed to be the
product of the entire committee, whether any item therein is approved
unanimously or not. Each such report should provide all necessary
historical background to familiarize the Board with the issue.
(4)
If a committee member in a particular committee disagrees with the
position taken by the committee on an issue, such member may address
the Board with the minority position. The Board shall permit one committee
member supporting the majority position equal time to address the
Board on such issue.
F.
Ambiguity of committee authority. In case of ambiguity or apparent
conflict between the preceding definition of committee authority and
a definition, in these ordinances, of the authority of a Village officer,
employee, board, or association, the latter shall prevail.
G.
Cooperation of Village officers. All Village officers shall, upon
request of the chairperson of any committee, confer with the committee
and supply such information as the committee may request upon any
pending matter. A committee shall not assume responsibility for the
administration of any Village department.
A.
General. The Village Board shall be vested with all the powers of
the Village not specifically given some other officer. Except as otherwise
provided by law, the Village Board shall have the management and control
of the Village property, finances, highways, streets, navigable waters
and the public service, and shall have the power to act for the government
and good order of the Village, for its commercial benefit and for
the health, safety, welfare and convenience of the public, and may
carry its powers into effect by license, regulation, suppression,
borrowing, taxation, special assessment, appropriation, fine, imprisonment
and other necessary or convenient means. The powers hereby conferred
shall be in addition to all other grants and shall be limited only
by express language.
B.
Acquisition and disposal of property. The Village Board may acquire
property, real or personal, within or without the Village, for parks,
libraries, historic places, recreation, beautification, streets, waterworks,
sewage or waste disposal, harbors, improvement of watercourses, public
grounds, vehicle parking areas and for any other public purpose; may
acquire real property within or contiguous to the Village, by means
other than condemnation, for industrial sites; may improve and beautify
the same; may construct, own, lease and maintain buildings on such
property for instruction, recreation, amusement and other public purposes;
and may sell and convey such property. Condemnation shall be as provided
by the Wisconsin Statutes.
C.
Acquisition of easements and property rights. Confirming all powers
granted to the Village Board and in furtherance thereof, the Board
is expressly authorized to acquire by gift, purchase or condemnation
under the Wisconsin Statutes any and all property rights in lands
or waters, including rights of access and use, negative or positive
easements, restrictive covenants, covenants running with land, scenic
easements and any rights for use of property of any nature whatsoever,
however denominated, which may be lawfully acquired for the benefit
of the public or for any public purpose, including the exercise of
powers granted under §§ 61.35 and 62.23, Wis. Stats.,
and may sell and convey such easements or property rights when no
longer needed for public use or protection.
D.
Village finances. The Village Board may levy and provide for the
collection of taxes and special assessments; may refund any tax or
special assessment paid, or any part thereof, when satisfied that
the same was unjust or illegal; and generally may manage the Village
finances. The Village Board may loan money to any school district
located within the Village or within which the Village is wholly or
partially located in such sums as are needed by such district to meet
the immediate expenses of operating the schools thereof, and the board
of the district may borrow money from such Village accordingly and
give its note therefor. No such loan shall be made to extend beyond
August 30 next following the making thereof or in an amount exceeding
1/2 of the estimated receipts for such district as certified by the
State Superintendent of Public Instruction and the local school clerk.
The rate of interest on any such loan shall be determined by the Village
Board.
E.
Construction of powers. Consistent with the purpose of giving to
villages the largest measure of self-government in accordance with
the spirit of the home rule amendment to the Constitution, the grants
of power to the Village Board in this section and throughout this
Code 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 appointive officers and employees.
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.
The salaries and compensation to be paid to Village officers and employees
shall be annually determined by resolution of the Village Board. Salaries
heretofore established shall so remain until changed by adoption of
the salary schedule and shall not be increased or diminished during
their terms of office.
A.
Regular meetings. Regular meetings of the Village Board shall be
held on the first and third Tuesdays of each calendar month, at a
time established by the Board, except when the day falls on a legal
holiday or election day, in which case the regular meeting shall be
held at such other date and time as the Village Board shall designate.
If the workload allows, the Village Board may determine that only
one meeting per month is necessary. There shall be at least one regular
meeting held each calendar month. All meetings of the Board shall
be held at the Village Hall, unless specified otherwise in the properly
posted meeting notice. In any event, all regular Board meetings shall
be held within the boundaries of the Village.[1]
C.
Board minutes. The Village Clerk-Treasurer shall keep a record of
all Board proceedings and cause the proceedings to be published or
legally posted.
D.
Order. The Village Board has the power to preserve order at its meetings.
A.
Special meetings of the Board may be called by the Village President,
or by two Trustees filing a request with the Village Clerk-Treasurer
at least 24 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 Ch. 19, Subch. V, Wis. Stats.
The Village Clerk-Treasurer shall give notice immediately upon the
call for such meeting being filed with him.
B.
The request for any special meeting shall state the purpose for which
the meeting is to be called, and no business shall be transacted but
that for which the meeting has been called.
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.
Four members of the Village Board shall constitute a quorum, but
a lesser number may adjourn or compel attendance of absent members
if a majority is not present. The 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 proceed to call the roll in alphabetical
order, noting who is present and who is absent, and if, after having
gone through with the call, it shall appear that a quorum is not present,
the fact shall be entered in the minutes, and the members present
may adjourn to a later date in the month; if they do not establish
the next meeting date, the Village Board shall stand adjourned to
the time appointed for the next regular meeting unless a special meeting
is called sooner.
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 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 order of business at all regular or special meetings shall be
according to the agenda prepared by the Clerk-Treasurer. All matters
to be presented at a Board meeting shall be filed with a Clerk-Treasurer
no later than 11:00 a.m. on the Wednesday preceding the scheduled
regular Board meeting to enable the Clerk-Treasurer to prepare the
agenda and all attachments and distribute the same to the Village
Board. Matters filed after 11:00 a.m. on the Wednesday preceding the
Board meeting will not be placed upon the agenda. The President may
waive the filing deadline for emergency cause shown.
(2)
A submitting department shall include copies of all material necessary
to consider the agenda item.
(3)
The Village President shall advise the Clerk-Treasurer whether to
include an item on the agenda, except that the Trustees calling a
special meeting shall decide which items shall be first considered
at such special meeting.
(4)
The Clerk-Treasurer shall afford the Trustees maximum reasonable
notice of agenda items as each situation allows.
B.
Order of business. Generally, the following order may be observed
in the conduct of all regular Board meetings:
(1)
Call to order.
(2)
Roll call.
(3)
Approval of minutes, and any corrections, of preceding regular and
special meetings.
(4)
Communications from Village President.
(5)
Committee reports.
(6)
Unfinished business.
(7)
New business, including the introduction of ordinances and resolutions.
(8)
Communications and miscellaneous business as permitted by law.
(9)
Adjournment.
C.
Order to be followed. No business shall be taken up out of order
unless authorized by the Village President or by majority consent
of all Trustees and in the absence of any debate whatsoever.
A.
Ordinances. 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 outset a brief statement
of the subject matter and a title.
(2)
The sponsor of an ordinance or resolution may be the President, one
or more Trustees, a department head or a committee, board, or commission.
The Clerk-Treasurer or the Village Attorney may sponsor ordinances
or resolutions when changes in state law make it necessary or desirable
for the Village to act rapidly.
(3)
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 adoption procedures,
the Clerk-Treasurer shall assure that an editorial note is prepared
showing compliance with such special handing.
(5)
All ordinances and resolutions shall be delivered to the Clerk-Treasurer
at least two days prior to the meeting time. The 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.
(8)
Resolutions may be referred to an appropriate standing committee
for an advisory recommendation.
B.
Subject and numbering of ordinances. Each ordinance shall be related
to no more than one subject. Amendment or repeal of ordinances shall
only be accomplished if the amending or repealing ordinance contains
the number and title of the ordinance to be amended or repealed, and
the title of amending and repealing ordinances shall reflect their
purpose to amend or repeal.
C.
Notice. The Village Board may take action on an ordinance only if
it appears on the written agenda for the meeting at which action is
requested.
D.
Disposition of petitions, communication, etc. Every petition or other
writing of any kind, addressed to the Village Board or to the Village
Clerk-Treasurer or other Village officer for reference to the Village
Board, shall be delivered by such other Village officer to the Village
President or to the presiding officer of the Board as soon as convenient
after receipt of same, and in any event, prior to or at the opening
of the next meeting of the Village Board following the receipt of
same. Every such petition, or other writing, and every paper, communication
or other proceeding which shall come before the Board for action,
may be referred by the Village President or presiding officer to the
appropriate committee or commission, unless objected to by some member
of the Board.
E.
Reference and reports. The presiding officer may refer new business
coming to the Board to the appropriate Board committee unless otherwise
referred or acted upon by the Village Board. All referrals, unless
otherwise provided for in the referral, shall be reported on at the
next regular Board meeting. Village Board 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]
B.
All ordinances shall take effect and be in force from and after passage
and publication/posting thereof, unless otherwise provided.
A.
Roll call votes. A roll call shall not be necessary on any questions
or motions except as follows:
(1)
When the ayes and noes are requested by any member.
(2)
On confirmation and on the adoption of any measure assessing or levying
taxes, appropriating or disbursing money or creating any liability
or charge against the Village or any fund thereof in excess of $10,000.
(3)
When required by the State Statutes of Wisconsin.
B.
Record of votes. All aye and nay votes shall be recorded in the official
minutes. The ayes and nays shall be ordered upon any question at the
request of any member of the Village Board or the President, and the
Village Clerk-Treasurer shall call the roll in alphabetical order.[1]
C.
Parliamentary procedure. Except as provided below, the Village Board
shall in all other respects determine the rules of its procedure,
which shall be governed by Robert's Rules of Order, Revised,
which is hereby incorporated by reference, unless otherwise provided
by ordinance or statute, except when otherwise limited or modified
by this Code of Ordinances:[2]
(1)
No Trustee shall address the Board until he has been recognized by
the presiding officer. He shall thereupon address himself to Board
and confine his remarks to the question under discussion and avoid
all personalities.
(2)
When two or more members simultaneously seek recognition, the presiding
officer shall name the member who is to speak first.
(3)
No person other than a member shall address the Board except under
order of business, except that citizens may address the Board with
permission of the presiding officer as to matters which are being
considered by the Board at the time.
(4)
When a question is in debate, no action shall be in order except
to adjourn; to lay on the table; the previous question; to postpone
to a certain date; to refer to a standing, select or special committee;
to amend; or to postpone indefinitely, and these several motions shall
have precedence in the order in which they stand.
(5)
The movant may request leave to withdraw a motion at any time prior
to voting on the question. Such a request requires no second. If any
member objects, the presiding officer shall put the question of granting
the request to vote.
D.
Compelling votes. No member may be compelled to vote. When a member
abstains from voting, the effect is the same as if the member voted
on the prevailing side. The "prevailing side" is defined as the votes
accumulated which resulted in carrying or defeating a question. In
case of a tie vote (not including the abstention), the abstaining
vote is considered a "nay." In case of a vote requiring approval,
by more than a simple majority, an abstaining vote is considered an
"aye.
E.
Majority vote. Unless a larger number is required by statute, ordinance
or bylaw, a majority vote of those present at a legally constituted
meeting is necessary to carry a question.
Any member voting on the prevailing side may move for reconsideration
of any question except those which cannot be reconsidered pursuant
to Robert's Rules of Order, Revised.
Whenever any disturbance or disorderly conduct shall occur in
any of the meetings of the Board, the President may cause the room
to be cleared of all persons causing such disorderly conduct.
These rules shall not be suspended except by a two-thirds vote
of all the members of the Board.