Village of Fredonia, WI
Ozaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Fredonia as Title 2, Ch. 2, of the 1995 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Administrative review — See Ch. 10.
Boards, commissions and committees — See Ch. 19.
Ethics — See Ch. 49.
Officers and employees — See Ch. 105.
The Trustees of the Village of Fredonia 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 Fredonia 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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 constable.
A. 
Committee appointments. Standing committees of the Village are appointed by the Village President, subject to confirmation by the Village Board. The committees listed in Subsection B shall consist of not less than three Trustees and may include other Village officials or citizen members appointed by the Village President subject to Board approval. The appointments to each committee shall be made at the annual organizational meeting of the Village Board or the first regular Board meeting thereafter. Standing committees shall review such matters as may be referred to them by the Village Board and shall submit recommendations for Board action.
B. 
Committees established. The following standing committees are established:
(1) 
Utilities (Sewer, Water, Cable TV).
(2) 
Finance and Budget Committee.
(3) 
Public Safety Committee.
(4) 
Public Works Committee.
(5) 
Personnel Committee.
(6) 
Parks and Recreation Committee.
(7) 
Economic Development Committee.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
President to designate chairmen; committees-of-the-whole; special committees.
(1) 
The Village President shall designate the chairman of all standing committees. All committee appointments except designation of chairman 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 a committee member or committee chairman of only those committees he has been appointed to and confirmed.
(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 chairman 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 second April Board meeting unless reappointed by the Village President or extended by the Village Board.
D. 
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. If there is any disagreement between the Board and any committee, the Village Board has the responsibility and the authority to make any changes, corrections, or decisions it deems necessary. Committees are serving at the pleasure of the Board.
(2) 
Each committee shall submit a report on all matters referred to it. Such report shall recommend a definite action on each item and shall be approved by a majority of the committee. Each committee report shall include the date, time, and place of the meeting and the members attending. Each such committee report is deemed to be the product of the entire committee, whether any item therein is approved unanimously or not. Each such report should provide all necessary historical background to familiarize the Board with the issue.
(3) 
If a committee member in a particular committee disagrees with the position taken by the committee on an issue, such member may address the Board with the minority position only if the member notifies the committee, either at the meeting or by written notice after the committee meeting, that such member intends to support the minority position before the Village Board. Upon such notification, the Board shall permit one committee member supporting the majority position equal time to address the Board on such issue.
E. 
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.
F. 
Cooperation of Village officers. All Village officers shall, upon request of the chairman 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.
G. 
Constitution of committees. This chapter designates all standing committees and boards. All other committees and boards shall be constituted on an as-needed basis not as a standing committee/board and as such is a special committee/board as shown in § 132-4C(4). This chapter takes precedence over all other ordinances establishing committees, boards, or other governing bodies.
A. 
General. The Village Board (includes the Village President at all times) 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. This section does not convey authority to any one member of the Board to give, sell at a discount, barter, trade or convey by any means, property or gifts to anyone where Village monies have been used to procure or Village ownership is understood. To give any awards of any type to anyone or any organization, the award (or anything called by any other name) will only be legal if it is approved clearly by the entire Board and is not hidden in other appropriations. The amount, type, to whom, why, and any service or savings to the public shall be spelled out in the appropriation. If these procedures are not followed, the individual will be responsible for the amount of the award or gift and for the fine amount for violation of this chapter.[1] The only exception to this rule is for flowers for the funeral of immediate family members of any Board member or employee as spelled out in our policy statement (due to time constraints). The Village Board (including the Village President) shall be held to the same requirements as any other member of the Village. They shall not be allowed to circumvent any rules governing any directive or objective by any means such as backdated checks, paying for other individuals, etc. The requirements may not be changed for a Board member if the rule would not have been changed for any citizen of the Village. The powers hereby conferred shall be in addition to all other grants and shall be limited only by express language.
[1]
Editor's Note: See the Village's Schedule of Forfeitures and Bonds on file in the Village office.
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 Statues.
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.
E. 
Construction of powers. Consistent with the purpose of giving to the 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.[1]
[1]
Editor's Note: The two sentences of original Sec. 2-2-7, Internal powers of the Board, which immediately followed this subsection, were moved to §§ 132-18 and 132-2A, respectively, at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended at time of adoption of Code (see Ch. 1, Art. II, Adoption of Code)]
The Village President and other Trustees who make up the Village Board, whether operating under general or special law, may by three-fourths' 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 the Village officers and employees shall be annually determined by resolution or motion of a majority of the Village Board. Salaries heretofore established shall so remain until changed by resolution or motion 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 Thursday of each calendar month, except when the day so designated falls on a legal holiday, in which case the regular meeting shall be held at such other date and time as the Village Board shall designate. When the Village Board designates a date and time for the regular Board Meeting, notice thereof shall be posted at the Village Hall in the Village of Fredonia prior to such rescheduled meeting date. Regular meetings of the Village Board shall be held at 7:00 p.m. All meetings of the Board shall be held at the Fredonia Village Hall, 242 Fredonia Avenue, Fredonia. All Board meetings shall be held within the boundaries of the Village.
B. 
Annual organizational meeting. The Village Board shall hold an annual organizational meeting on the third Tuesday in April following the spring election or the first regular Board meeting thereafter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Board minutes. The Village Clerk-Treasurer shall keep a record of all Board proceedings.
A. 
Special meetings of the Board may be called by the Village President, or by two Trustees filing a request with the Village Clerk-Treasurer at least 48 hours prior to the time specified for such meeting. The Village Clerk-Treasurer shall select the day for the special meeting and immediately notify each Trustee of the time and purpose of such meeting. The notice shall be delivered or mailed to each Trustee personally or left at his usual place of abode a minimum of 24 hours prior to the meeting time. The Village Clerk-Treasurer shall cause an affidavit of such notice to be filed in his office prior to the time fixed for such special meeting. No business shall be transacted at a special meeting except for the purpose stated in the notice thereof. Notice to the public of special meetings shall conform to the open meeting requirements of § 61.32 and Chapter 19, Subch. V, Wis. Stats. The Village Clerk-Treasurer shall give notice immediately upon the call for such meeting being filed with him.
B. 
In the event all of the Trustees file a written consent or waiver of notice, any special meeting shall be held forthwith, but not less than two hours after the required notice is provided under § 19.84(3) Wis. Stats.
C. 
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.
A. 
Open meeting law compliance. All meetings shall be open to the public, unless falling within a lawful exception of the Wisconsin Open Meetings Law.
B. 
Adjournment of meetings. Regular sessions of the Village Board may be adjourned from time to time for later reconvening. Any adjournment may provide for reconvening at the same place or another place. 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.
E. 
Attendance of Village officers. Each Village officer shall attend each regular Board meeting or shall send a subordinate prepared to address matters relating to that area of responsibility unless excused by the President.
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 are present and who are 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. 
The Village President shall preside. The Village President shall preside over meetings of the Village Board. In the absence of the Village President, the President Pro Tem shall preside. In case of absence of the Village President and President Pro Ten, the Village Clerk-Treasurer shall call the meeting to order and the Trustees present shall elect one of their number Acting President.
B. 
President Pro Tem. The Village Board, at its annual organizational meeting following regular spring election and qualification of new members, shall, after organization, choose from its members a President Pro Tem, who, in the absence of the President, shall preside at meetings of the Board and, during the absence or inability of the Village President, shall have the powers and duties of the Village President, except that he shall not have the power to approve an act of the Board which the Village President has disapproved by filing objections with the Village Clerk-Treasurer.
C. 
Duties. The presiding officer shall preserve order and decorum, decide all questions of order, and conduct the proceedings of the meeting in accordance with the parliamentary rules contained in Robert's Rules of Order, unless otherwise provided by statute or by these rules. Any member shall have the right to appeal from a decision of the presiding officer. Such appeal is not debatable and must be sustained by a majority vote of the members present excluding the presiding officer.
A. 
Agenda.
(1) 
The order of business at all regular or special meetings shall be according to the agenda prepared by the Clerk-Treasurer. All matters to be presented at a Board meeting shall be filed with the Clerk-Treasurer no later than 10:00 a.m. on the Monday preceding the scheduled 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 10:00 a.m. on the Monday preceding the Board meeting will not be placed upon the agenda. The President may waive the filing deadline for good cause shown. All other matters may be introduced by a Trustee from the floor under suspension of the bylaws in this chapter, except ordinances and resolutions introduced for referral only.
(2) 
The submitting agency shall include copies of all material necessary to consider the agenda item.
(3) 
Communications and petitions shall be placed upon the agenda for referral only, with no debate by the Village Board at the time of referral. Informational matters shall be distributed to the Board when available.
(4) 
The Village President has no right to advise the Clerk-Treasurer about any items to exclude from any agenda. All agenda items submitted by the Board (Trustee or Village President) shall be on the agenda if submitted by the due date and time as shown earlier in this section. If, after discussion and Board action, an item needs to be reopened, it may be by request of any Board member; if it needs to be reopened a second time, it needs the request of two Board members; if it needs to be reopened a third time, then it needs a request by three Board members, etc.
(5) 
The Clerk-Treasurer shall afford the Trustees and the Village Attorney 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 of preceding regular and special meetings.
(4) 
Public hearings.
(5) 
Public appearances.
(6) 
Reports of Village officers.
(7) 
Committee reports.
(8) 
Unfinished business.
(9) 
New business, including the introduction of ordinances and resolutions.
(10) 
Communications and miscellaneous business as permitted by law.
(11) 
Adjournment.
A. 
Ordinances. All ordinances and resolutions shall be prepared as follows:
(1) 
All ordinances or bylaws 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) 
Resolutions shall be in writing at the request of any Village Board member.
(4) 
All ordinances, resolutions, or bylaws shall be provided to the Board at least two weeks in advance of any vote (the time between meetings), so that full consideration may be given to that document, unless waved by the Board for good cause.
(5) 
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 titles 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, communications, etc. Every petition or writing of any kind, addressed to the Village Board, Village Clerk-Treasurer, or Village employee for action by the Village Board, shall be delivered to the Board as soon as possible or by 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, may be reported on at the next regular Board meeting. Village Board motions based upon committee or commission action is permissible only on items specifically on the agenda.
A. 
All general ordinances of the Village and all regulations imposing any penalty shall be 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, posting and recording thereof.
B. 
All ordinances shall take effect and be in force one day after passage and posting thereof, unless otherwise provided.
A. 
Roll call votes. A roll call shall not be necessary on any questions or motions except as follows:
(1) 
When the ayes and nays are requested by any member.
(2) 
When required by the state statutes of Wisconsin.
B. 
Record of votes. All aye and nay votes shall be recorded in 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.
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 (1984), which is hereby incorporated by reference, unless otherwise provided by ordinance or statute, except when otherwise limited or modified by this Code of Ordinances:
(1) 
No Trustee shall address the Board until he has been recognized by the presiding officer. He shall thereupon address himself to the Board and confine his remarks to the question under discussion and avoid all personalities.
(2) 
When two or more members simultaneously seek recognition, the presiding officer shall name the member who is to speak first.
(3) 
No person other than a member shall address the Board except under order of business, except 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:
(a) 
To adjourn;
(b) 
To lay on the table;
(c) 
The previous question;
(d) 
To postpone to a certain date;
(e) 
To refer to a standing, select or special committee;
(f) 
To amend;
(g) 
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, ordinances or by law, 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 Section 36, Robert's Rules of Order, Revised.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The Village Board has the power to preserve order at its meetings. Whenever any disturbance or disorderly conduct shall occur in any of the meetings of the Board, the President may cause the room to be cleared of all persons causing such disorderly conduct.
The rules of this chapter shall not be rescinded or amended unless the proposed amendment or motion to rescind has laid over from a regular meeting, and then it shall require a vote of 2/3 of all the members of the Board.
These rules shall be suspended by a simple majority vote of all the members of the Board.