[Added 1-15-2018 by Ord.
No. 18-01]
The Village Board of the Village of Pleasant Prairie does hereby
ordain and establish a citizen Sex Offender Residence Board.
The members of the Sex Offender Residence Board shall be citizens
residing in the Village of Pleasant Prairie and shall be selected
by the Village President and approved by the Village of Pleasant Prairie
Board of Trustees pursuant to this chapter. Members shall serve for
a term of five years and shall serve no more than two consecutive
terms. The terms for the initial members of the Residence Board shall
be staggered, with one member serving one year, a second member serving
three years and the third member serving five years.
The Village President shall promptly appoint a new member or
alternate member to fill any midterm vacancy of the Board, and the
newly appointed member or alternate member shall serve the balance
of his or her predecessor's term.
Any member of the Sex Offender Residence Board having a conflict
of interest in any matter coming before the Board shall refrain from
any voting or discussion either prior to, at or after the matter has
been heard by the Board. Said Board member that has a conflict shall
recuse him/herself from all proceedings, and the alternate member
shall preside.
The actual and necessary expenses incurred by the Sex Offender
Residence Board in the performance of its duties shall be paid and
allowed as in cases of other claims against the Village. The Village
Board may likewise compensate members of said Board and such assistants
as may be authorized by the Village Board.
The Sex Offender Residence Board shall hold a hearing on each appeal filed with the Village Clerk's office. The Board's decision shall be based upon factual information supplied by the appellant, oral or written statements from any person, and it shall render its decision with the Village's interest in promoting, protecting and improving the health, safety and welfare of the community, pursuant to applicable factors described in § 287-6.1 of the Village of Pleasant Prairie Municipal Code.
To the extent it can reasonably do so, the Sex Offender Residence
Board shall have the opportunity to go into closed session to consider
any medical history of alcohol, drug and sex offender treatment, juvenile
conviction records and other health information, to the extent allowed
by applicable state laws. By petitioning to the Residence Board, however,
a designated offender thereby acknowledges that success or failure
in treatment programs may form a central part of the case such that
members of the public should have an opportunity to hear and respond.
The designated offender waives, therefore, by his/her application,
such confidentiality rights as may apply pursuant to applicable state
and federal laws for records arising after the date of conviction,
and provided further that this waiver shall not apply to the release
of juvenile conviction records.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Appeal Board hearings shall be held on an as-needed basis. When
the Village Clerk's office receives an appeal form, said office shall
schedule a hearing within 45 days of receipt. A hearing notice shall
be sent at least 10 days in advance via United States Postal Service
to the appellant of the date, time and location of the appeal hearing.
A written record shall be kept showing all actions taken, findings
and determinations, and a copy of such record shall be filed with
the Village Clerk as a public record, unless a closed session of the
Sex Offender Residence Board is permitted under § 19.85,
Wis. Stats. Records shall not be destroyed except as pursuant to law.
