Village of Webster, WI Chapter 14 Boards, Commissions and Committees

[HISTORY: Adopted by the Village Board of the Village of Webster 3-13-1986 as Title 2, Ch. 4 of the 1986 Code. Amendments noted where applicable.]

§ 14-1 Board of Review.

A. Composition. The Board of Review shall consist of the Village President, Clerk-Treasurer and all members of the Village Board.

B. Duties. The duties and functions of the Board of Review shall be as prescribed in §§ 70.46 and 70.47, Wis. Stats.

C. Meetings. The Board of Review shall meet annually on the second Monday of May, and notice of such meeting shall be published pursuant to the state statutes. The Board, through its Clerk-Treasurer, shall establish its meeting hours pursuant to § 70.47(3)(b), Wis. Stats. The Board may adjourn from day to day or from time to time, until such time as its business is completed, provided that adequate notice of each adjournment is so given.

§ 14-2 Industrial Park Committee.

A. Composition. The Industrial Park Committee shall consist of the Village Board meeting as a committee of the whole.

B. Duties. The Industrial Park Committee shall have the following duties:

(1) To confer with and advise the Board, Plan Commission and businesses on all matters concerning the industrial development of the Webster Industrial Park.

(2) To advertise the industrial advantages and opportunities of the Webster Industrial Park within the means provided by any appropriations made therefor.

(3) To collect data and information as to the type of industries best suited to the area.

(4) To develop, compile and coordinate information regarding available areas suitable for industrial development.

(5) To encourage the proper zoning and orderly development of areas suitable for industrial development and to promote the interest of industrialization of such areas of the community and in the Webster Industrial Park.

(6) To aid the village in the attraction of new industries and in the encouragement of expansion by existing industries and businesses.

§ 14-3 Zoning Board of Appeals.

A. Establishment. A Zoning Board of Appeals shall be appointed as specified in § 62.23(7)(e), Wis. Stats. The Zoning Board of Appeals shall consist of five members and one alternate member appointed by the Village President subject to confirmation by the Village Board. The Village President shall designate one of the members Chairman.

B. Powers.

(1) The Zoning Board of Appeals shall have the following powers:

(a) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of the Zoning Code or Floodplain Zoning Code.[1]

[1] Editor's Note: See Ch. 298, Zoning.

(b) To hear and decide special exceptions to the terms of the village zoning and floodplain zoning regulations upon which the Zoning Board of Appeals is required to pass.

(c) To authorize, upon appeal in specific cases, such variance from the terms of the village zoning regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit of the zoning code shall be observed, public safety and welfare secured and substantial justice done; provided, however, that no such action shall have the effect of establishing in any district a use or uses not permitted in such district.

(d) To permit the erection and use of a building or premises in any location, subject to appropriate conditions and safeguards in harmony with the general purposes of the zoning code, for such purposes which are reasonably necessary for public convenience and welfare.

(2) The Zoning Board of Appeals may reverse or affirm wholly or in part or may modify any order, requirement, decision or determination. The concurring vote of three members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision or determination appealed from or to decide in favor of the applicant on any matter on which it is required to pass or to effect any variation in the requirement of the zoning code. The grounds of every such determination shall be stated and recorded. No order of the Zoning Board of Appeals granting a variance shall be valid for a period longer than six months from the date of such order unless the land use permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period.

[Amended 6-13-2001]

C. Meeting and rules. All meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. All hearings conducted by said Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact and shall keep records of its examination and other official actions, all of which shall be immediately filed in the office of the Clerk-Treasurer and shall be public record. The Board shall adopt its own rules of procedure not in conflict with this section or with the applicable Wisconsin Statutes.

D. Offices. The Village Board shall provide suitable offices for holding of hearings and the presentation of records, documents and accounts.

E. Appropriations. The Village Board shall appropriate funds to carry out the duties of the Board, and the Board shall have the authority to expend, under regular procedure, all sums appropriated to it for the purpose and activities authorized herein.

§ 14-4 Plan Commission.

A. Composition. The Village Plan Commission shall consist of the Village President, one Trustee, the Director of Public Works, the Village Engineer and three citizens.

B. Appointment.

(1) Trustee member. The Trustee member shall be annually elected by a two-thirds vote at the organizational meeting of the Village Board during the month of May of each year.

[Amended 6-13-2001]

(2) Citizen members. The three citizen members of the Commission shall be appointed by the Village President, subject to confirmation by the Village Board. The original citizen members shall be appointed upon creation of the Commission and shall hold office for a period of three years, respectively, from the succeeding first day of May, and thereafter annually during the month of April such members shall be appointed for a term of three years on a staggered-term basis. The length of each member's service (years) shall be determined by the drawing of numbers (one through three) by the Village President. At each April meeting, the members whose service is completed may be resubmitted by Village President or a new person can be appointed for approval at the May meeting. If a member cannot finish their term, the Village President can appoint a new member (regardless of the length of service remaining on their term) and that new member will need to be approved by majority board approval for only the remainder of that term.

[Amended 1-12-2022 by Ord. No. 2022-01]

C. Record. The Plan Commission shall keep a written record of its proceedings to include all actions taken, a copy of which shall be filed with the Village Clerk-Treasurer. Four members shall constitute a quorum, but all actions shall require the affirmative approval of a majority of all of the members of the Commission. In order to have a hearing of the Plan Commission, application should be made to the Village Clerk-Treasurer.

D. Duties.

(1) The Master Plan.

(a) The Plan Commission shall make, adopt and, as necessary, amend, extend or add to the Master Plan, subject to Village Board confirmation, for the physical development of the village, including areas outside of its boundaries which, in the Plan Commission's judgment, bear relation to the development of the village. The Master Plan, with the accompanying maps, plats and descriptive and explanatory matter, shall show the Commission's recommendations for such physical development and may include, among other things, without limitation because of enumeration, the general location, character and extent of streets, highways, freeways, street grades, roadways, walks, parking areas, public places and areas, parks, parkways, playgrounds and sites for public buildings and structures and the general location and extent of sewers, water conduits and other public utilities, whether privately or publicly owned, the acceptance, widening, narrowing, extension, relocation, removal, vacation, abandonment or change of use of any of the foregoing public ways, grounds, places, spaces, buildings, properties, utilities, routes or terminals, the general location, character and extent of community centers and neighborhood units and a comprehensive zoning plan.

(b) The Commission may adopt the Master Plan as a whole by a single resolution or, as the work of making the whole Master Plan progresses, may from time to time by resolution adopt a part or parts thereof, any such part to correspond generally with one or more of the functional subdivisions of the subject matter of the plan. The adoption of the plan or any part, amendment or addition shall be by resolution carried by the affirmative votes of not less than a majority of all the members of the Plan Commission, subject to confirmation by the Village Board. The resolution shall refer expressly to the maps, descriptive matter and other matters intended by the Commission to form the whole or any part of the plan, and the action taken shall be recorded on the adopted plan or part thereof by the identifying signature of the Secretary of the Commission, and a copy of the plan or part thereof shall be certified to the Village Board. The purpose and effect of the adoption and certifying of the Master Plan or part thereof shall be solely to aid the Plan Commission and the Village Board in the performance of their duties.

(2) Matters referred to Plan Commission. The Village Board or officer of the village having final authority thereon shall refer to the Plan Commission, for its consideration and report before final action is taken by the Board, public body or officer, the following matters: the location of any statue or other memorial; the location, acceptance, extension, alteration, vacation, abandonment, change of use, sale, acquisition of land for or lease of land for any street, alley or other public ways, park, playground, airport, area for parking vehicles or other memorial or public grounds; the location, extension, abandonment or authorization for any public utility, whether publicly or privately owned; all plats of lands in the village or within the territory over which the village is given platting jurisdiction by Chapter 236, Wis. Stats.; the location, character and extent or acquisition, leasing or sale of lands for public or semipublic housing, slum clearance, relief of congestion or vacation camps for children; and the amendment or repeal of any land use ordinance. Unless such report from the Commission is made within 30 days, or such longer period as may be stipulated by the Village Board, the Board or other public body or officer may take final action without it.

(3) Miscellaneous powers. The Commission may make reports and recommendations relating to the plan and development of the village to public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens. It may recommend to the Village Board programs for public improvements and the financing thereof. All public officials shall, upon request, furnish to the Commission, within a reasonable time, such available information as it may require for its work. The Commission, its members and employees, in the performance of its functions, may enter upon any land, make examinations and surveys and place and maintain necessary monuments and markers thereon. In general, the Commission shall have such powers as may be necessary to enable it to perform its functions and promote municipal planning in cooperation with the Village Board.

§ 14-5 Law Enforcement Disciplinary Committee.

[Added 7-13-2016 by Ord. No. 2-2016[1]]

A. Applicability. All rules contained in the Village of Webster Code of Ordinances apply to the Law Enforcement Disciplinary Committee (LEDC) except where inconsistent with the rules enumerated in this subsection. The LEDC is separate and distinct from the Judicial and Regulatory Committee.

(1) Purpose of Law Enforcement Disciplinary Committee. The LEDC shall serve as a committee that meets the requirements set forth in § 61.65(1)(am) Wis. Stats. The LEDC shall review all matters that may result in the suspension, reduction, suspension and reduction, or removal of the Police Chief or other law enforcement officer that is not probationary and for whom there is no valid and enforceable contract of employment or collective bargaining agreement which provides for a fair review prior to that suspension, reduction, suspension and reduction, or removal.

(2) Appointment and term. The LEDC shall consist of three members, none of whom may be a Village Trustee or other elected or appointed official of the Village, or Village employee. Initially, one member shall be appointed for a one-year term, one for a two-year term, and one for a three-year term. Thereafter, appointments or reappointments shall be made in April of each year.

(3) Committee meetings and reports.

(a) Election and duties of Chairperson. At its initial meeting, and annually thereafter as provided herein, the LEDC shall elect a Chairperson. The Chairperson shall call and preside at all meetings of the LEDC.

(b) Election and duties of Secretary. At its initial meeting, and annually thereafter as provided herein, the LEDC shall elect a Secretary. The Secretary shall record the minutes of the meetings other than the Judicial Committee meetings that are attended. The Secretary will also give any minutes to the Village Clerk-Treasurer.

(c) Annual meeting. There shall be an annual meeting of the LEDC, to be held after the Village Board has made annual appointments or reappointments but before the last day of July. The Chairperson shall call the meeting to order and specify the date, time, and location for the meeting. The Chairperson shall be elected, and other relevant general business transacted, at the annual meeting.

(d) Special meetings. A special meeting of the LEDC may be called by the Chairperson, the Village President, two Village Board members or upon the written direction of at least two members of the LEDC.

(e) Notice of meetings. The person calling the meeting of the LEDC shall advise the Village Clerk of the nature of the meeting, the agenda, and the time and location for the meeting other than Judicial Committee meetings. The Village Clerk shall provide notice of the meeting in accordance with Wisconsin's Open Meeting Laws and Village ordinances.

(f) General rules and procedures. The LEDC shall develop a review process that is both consistent with Wisconsin Statutes and designed to meet the need of the particular meeting referred to the LEDC. General rules and procedures governing the review process may be set forth in writing.

(g) Communications with Village Board. The LEDC shall keep the Village Board adequately and appropriately apprised of the status of any matters before the LEDC.

B. LEDC rules and procedures.

(1) Duties and responsibilities. The LEDC shall have the following duties and responsibilities:

(a) LEDC disciplinary action. The LEDC shall have the ultimate right to suspend, reduce, suspend and reduce, or remove the Police Chief and/or any other police officer who is not probationary and for whom there is no valid and enforceable contract of employment or collective bargaining agreement which provides for a fair review prior to that suspension, reduction, suspension and reduction, or removal. For the purposes of these Procedures, the terms "discipline" or "disciplinary action" shall be limited to suspension, reduction, suspension and reduction, or removal. Disciplinary actions regarding a Police Chief over whom the LEDC does not have such power shall be made on the recommendation of the Judicial and Regulatory Committee by the Village Board. Disciplinary actions regarding police officers over whom the LEDC does not have such power shall be made on the recommendation of the Police Chief by the Judicial Committee.

(b) Review by the LEDC shall be initiated as follows:

[1] Charges regarding the Police Chief and/or any police officer may be initiated by, or filed by, the Chief of Police, a member of the LEDC, the LEDC as a body, a member of the Village Board or any aggrieved person, with the Chairperson of the LEDC.

[2] All such charges shall then be directed to the Village Clerk. The Village Clerk shall forward the charge for action to the Chief of Police, who shall act as Investigating Official (IO).

[3] If the Chief is implicated in the charge, or it seems likely to the Village President that the Chief might become involved during the investigation that will follow, the Village President shall serve as IO.

[4] The IO shall notify the officer against whom the complaint was filed ("the charged party") of the complaint and request that an explanation be provided within five working days.

[5] The IO can request participation of other agencies (e.g., the Sheriff; another police force; the Village Attorney; or outside counsel) to assist in an investigation as required.

[6] All charges will receive, at minimum, an investigation by the IO and a review at the next higher level. If the Chief acts as IO, the Village President shall review the findings. If the Village President acts as IO, the LEDC shall review the findings.

[7] The IO shall complete his/her preliminary review of the complaint by considering the charged party's response, if such response is timely provided.

(c) Following the review by the IO, the charges shall be directed to the LEDC (if not already acting as reviewer). Actions passed to the LEDC shall include, at minimum, the following:

[1] The initial complaint, including identification of the complainant;

[2] Findings of the IO; and

[3] Preliminary conclusions reached by the IO/reviewer.

(d) Although, in most cases, preliminary investigation and review by the Chief of Police/Village President is preferred, the Chief of Police/Village President may also refer charges directly to the LEDC if the Village President deems such referral to be necessary and in the Village's best interest.

(e) Although the Village prefers to have the LEDC complete its review prior to taking any disciplinary action, the LEDC may suspend the Police Chief or a police officer, or the Police Chief may suspend an officer, pending review for just cause. Neither the Police Chief nor any police officer shall be deprived of compensation during suspension pending disposition of the charges.

(f) Review of actions taken by Police Chief.

[1] Notwithstanding the LEDC's exclusive right to discipline a police officer, the Police Chief shall retain the right to suspend police officers for just cause. In all such cases, the Police Chief shall immediately file a report with the Chairperson of the LEDC. The report shall detail the charges and the just cause rationale for the suspension.

[2] At the request of the charged police officer, and if such request is made in writing to the Chairperson of the LEDC, the LEDC shall conduct a hearing regarding the suspension. In such cases, the Police Chief shall be required to file charges with the LEDC upon which the suspension was based and shall act as the complainant.

C. LEDC review procedures.

(1) If the LEDC determines that charges do not reasonably inform the accused of the general charge against him or her and the facts supporting the charge, the LEDC shall dismiss the charges against the accused and serve a copy of the dismissal on the charged party and the complainant. No further action need be taken by the LEDC.

(2) Prehearing conference. If the LEDC does not dismiss the charge pursuant to the preceding subsection, the Village President shall schedule a prehearing conference at least 15 working days before the hearing. The Village, the charged party, and the complainant shall be notified in writing of the prehearing conference and may attend and be represented at the prehearing conference. The following matters shall occur at the prehearing conference:

(a) Determination of whether the matter, or any portion thereof, can be resolved without the necessity of a full evidentiary hearing.

(b) If an evidentiary hearing is necessary, the parties shall exchange the following within 10 working days after prehearing conference:

[1] Complete witness lists;

[2] Any prior written or recorded statements or reports of witnesses; and

[3] Exhibits and exhibit lists.

(c) Witnesses not on the witness list shall not be permitted to testify at the hearing, unless both parties agree to the witness and/or the parties and the LEDC agree to reschedule the hearing. Exhibits not on the exhibit list shall not be admitted as evidence, unless both parties agree to its admission or the LEDC determines that the party presenting the exhibit has demonstrated a satisfactory reason for failing to timely exchange the same.

(3) Hearing. The Village Clerk-Treasurer shall schedule the hearing. All hearings shall have a court reporter present taking down the proceeding. The Village, the charged party, and the complainant shall be notified in writing of the hearing, may attend the hearing as provided by law, and may be represented by counsel.

(a) The charged party and the complainant may compel the attendance of witnesses by subpoenas which shall be issued by the Chairperson of the LEDC.

(b) The Chairperson of the LEDC shall conduct the hearing. The hearing shall be conducted in accordance with § 19.85(1)(b) Wis. Stats. with regard to the open or closed nature of the hearing and required notices, as appropriate.

(c) The order at the hearing shall be as follows:

[1] Statement of the initial determination by the Chairperson of the LEDC. Complete witness lists;

[2] Opening statements, if any, by both the complainant and the charged party.

[3] Presentation of testimony and introduction of evidence by complainant to substantiate the complaint.

[4] Cross examination of complainant's witnesses by the charged party.

[5] One additional opportunity for redirect questioning by the complainant.

[6] One additional opportunity for redirect questioning by the charged party.

[7] Presentation of testimony and introduction of evidence by charged party to refute the complaint.

[8] Cross examination of charged party's witnesses by the complainant.

[9] One additional opportunity for redirect questioning by the charged party.

[10] One additional opportunity for redirect questioning by the complainant.

[11] One opportunity for each side to present rebuttal evidence to rebut any evidence presented by the opposing side.

[12] Closing arguments by complainant and charged party.

(d) At the request of the parties or the LEDC, and in the discretion of the LEDC, written briefs shall be filed prior to disciplinary action.

(4) Disciplinary action following hearing. The LEDC may take disciplinary action if there is just cause to sustain the complaint under the standards set forth in § 62.13(5)(em) Wis. Stats., as may be amended, or as otherwise permitted by law. The current statutes indicate that just cause for discipline exists if:

(a) The Police Chief or police officer could reasonably be expected to have had knowledge of the probable consequences of the alleged conduct.

(b) The rule or order that the Police Chief or police officer allegedly violated is reasonable.

(c) The Police Chief, before filing the charge against the police officer, made a reasonable effort to discover whether the subordinate did in fact violate a rule or order (where applicable).

(d) The effort described under Subsection C(4)(c) above was fair and objective (where applicable).

(e) The Police Chief discovered substantial evidence that the police officer violated the rule or order as described in charges filed in the report made against the police officer (where applicable).

(f) The Police Chief is applying the rule or order fairly and without discrimination against the police officer (where applicable).

(g) The proposed discipline reasonably relates to the seriousness of the alleged violation(s) and to the Police Chief's/police officer's record of service with the Police Department.

(5) Following consideration of the evidence presented at the hearing, the standards set forth above and briefs, if any, the LEDC shall prepare, within three days of the conclusion of the hearing, and file the same with the Secretary of the Committee and provide notice and a copy to the Police Chief or Officer, written findings of fact and conclusions and shall order, in writing, disciplinary action as appropriate. As determined by the LEDC, such disciplinary action may be taken immediately following the close of the hearing, following deliberation in closed or open session (with appropriate notice), or following consideration of any briefs to be provided.

(6) If the LEDC determines that a suspension imposed prior to the hearing is not sustained by evidence presented by the hearing, the charged party shall be immediately reinstated.

D. Appeals. Any person disciplined by the LEDC may appeal from the written order of the LEDC to the Webster Municipal Court by submitting written notice or appeal within 10 calendar days after the order is filed with the Village and served on the charged party.

E. Notices. A copy of the charges shall be served upon the person charged in the manner prescribed for service of a summons. (See §§ 801.10, 801.11 and 801.13 Wis. Stats.) Thereafter, notices shall be given in accordance with the standards for service and filing of pleading and other papers, as provided in Wis. Stats. § 801.15.

(1) All required notices to the LEDC and/or the Village shall be made to both the Village President and the Village Attorney.

(2) All required notices to the Police Chief and/or police officers shall be made to the last known address in the employee's personnel records.

(3) All required notices to the complainant shall be made to the complainant's last known address.

F. Costs associated with the LEDC.

(1) The costs associated with the LEDC shall be allocated to and paid from the Police Department budget. These costs shall include the costs of convening the LEDC (per diems to members, if any, expenses of LEDC secretary, court reporter costs, and publication/service of notices) and legal costs (costs associated with preparing and revising the LEDC Procedures, advising, and representing the Village on a matter that has been referred to the LEDC, and retaining special counsel for the LEDC, where the LEDC deems such counsel desirable or necessary).

(2) Special counsel may be necessary where the Village Attorney would have a conflict of interest representing the Village and the LEDC. The existence of a conflict of interest must be made on a case-by-case basis. For example, special counsel may be necessary where the complainant is the Judicial and Regulatory Committee, the Village President or the Police Chief, but may not be necessary where there is a third-party complainant.

[1] Editor's Note: This ordinance also renumbered former § 14-5, Meetings and public notice, as § 14-6, as amended.

§ 14-6 Meetings and public notice.

[Amended 7-13-2016 by Ord. No. 2-2016]

A. Regular meetings; public notice. Every board, committee and commission created by or existing under the ordinances of the Village shall:

(1) Fix a regular date, time and place for its meetings;

(2) Post notice, in advance of each such regular meeting, of the date, time and place thereof at three places in the Village; and

(3) Post notice, in advance of each such meeting, at three places in the Village, of an agenda of the matters to be taken up at such meeting.

B. Special meetings. Nothing in Subsection A shall preclude the calling of a special meeting or with dispensing with the notice of such posting of the agenda, for good cause, but such special meetings shall nonetheless comply in all respects with the provisions of §§ 19.81 to 19.89 Wis. Stats.

C. Minutes. The secretary of each board, committee and commission shall file a copy of the meeting minutes of such board or commission with the Village Clerk-Treasurer.