[HISTORY: Adopted by the Village Board of the Village of Elm Grove 1-8-1962; as amended through 10-8-1990. Subsequent amendments noted where applicable.]
The Village Board of the Village of Elm Grove shall consist of the President and six Trustees, in whom shall be vested all the powers of the Village not specifically given some other officer or statutory commissions or boards, and their duties and responsibilities are set out as follows, but without limitation by reason of the recitation of such duties in these rules:
President. The Village President shall have such powers as are set out in § 61.24, Wis. Stats., except that the President shall not be required to countersign drafts, orders, or transfers of funds.
Trustees. The Trustees, together with the President, shall be vested with all the powers of the Village not specifically granted by ordinance or otherwise to specified Village officers or statutory commissions or boards, and the Village Board as such shall have and exercise all the powers granted pursuant to § 61.34, Wis. Stats.
Election and terms of office. The terms of office of the President and Trustees shall be for two years. The President and three of such Trustees shall be elected in odd-numbered years, and three of such Trustees shall be elected in even-numbered years. The terms of office of the President and Trustees shall commence on the day provided pursuant to § 61.23(2), Wis. Stats.
Vacancies. A vacancy in the office of President or Trustee shall be filled by appointment pursuant to § 17.24(1), Wis. Stats.
Removal. Any member of the Village Board may be removed by a majority vote of all members of such Board because of continuing physical inability to perform the duties of office or gross neglect of duty.
Regular meetings. All regular meetings of the Village Board of the Village of Elm Grove shall be held in the Village Hall in said Village at the hour of 7:30 in the evening on the fourth Monday of each and every month, except when the day so designated shall fall on a legal holiday, and in that event such meetings shall be held on the preceding Monday.
[Amended 2-26-2002; 1-28-2014]
Special meetings. All special meetings of the Board shall be held in the Village Hall. Special meetings of the Board may be called by the President or any two Trustees in writing, filed with the Village Clerk, who shall notify each member of the Board of the time and purpose of such special meeting by causing 48 hours' notice thereof to be given to each member of the Board personally or left at his or her residence. Special meetings may be held without the notice specified in this subsection when all members of the Board are present in person or consent in writing to the holding of said meeting.
Presiding officer. The President shall, by virtue of his/her office, preside at all meetings of the Board. In the absence of the President, the meetings shall be opened by the Village Clerk and a temporary Chairperson shall then be selected by a majority of the Board members present.
Preservation of order. If any member transgresses the rules of the Village Board, the presiding officer shall call him or her to order, in which case the member called to order shall immediately be silent, unless permitted by the Board to explain. Such member may appeal to the full Board to decide the matter, if he or she so desires.
Recognition. When a member is about to speak, he or she shall address himself or herself to the presiding officer, who shall recognize him or her as entitled to speak. When more than one member shall claim the right to speak at the same time, the presiding officer shall decide which member is entitled to speak. A member shall confine his or her remarks to the question under discussion and avoid all personalities.
Quorum. Four Trustees shall constitute a quorum in order to transact business, but a lesser number may adjourn from time to time. A majority of all the members of the Board present at the meeting in favor of any proposed ordinance, resolution or appointment shall be necessary for passage or approval, unless a greater number of the full Board is required by statute or Village ordinance.
Question of order. The deliberations of the Board while in session shall be governed by the manual of parliamentary practice commonly known as "Robert's Rules of Order," except as otherwise limited or modified by these rules.
Committees. Each of the standing advisory committees shall consist of not fewer than three Trustee members. The Chairperson and members of such committee shall be nominated by the President and approved by the Board of Trustees. Resident members of such committees may be appointed in the manner provided in § 80-3B of these rules.
Conduct of standing advisory committees. Every paper, writing and every manner of proceeding submitted to the Board for the first time for action thereon may be referred by the President to the appropriate committee for attention and report. Each such committee shall hold whatever meetings are necessary to consider the matters referred to it for study and investigation. In no event shall any committee be permitted more than three months within which to report on any matter assigned to it, unless a longer time is permitted such committee by Board action. Minority reports may be submitted. Any committee may require any Village officer to confer with it and supply information needed in connection with any matter pending before such committee.
Order of business. The business of the Board shall be conducted in the following manner:
Joint public hearings with committees or commissions.
Opening of meeting to public requests and discussions. During such discussions, no member of the public shall be entitled to speak unless recognized by the presiding officer.
Consideration of minutes of previous meetings and approval of submitted agenda.
Report of the Village President.
Report of Village officers.
Reports of committees.
Approval of vouchers.
Unfinished and miscellaneous business.
Submission of questions. Every motion or proposition submitted to the Board for consideration shall be reduced to writing if the President or a majority of the members of the Board so require. Any ordinance submitted to the Board shall be in writing.
Action on questions. When a motion is made and seconded, it shall be deemed to be before the Board and shall be stated by the President or, if in writing, read by the Clerk previous to debate. Any proposed ordinance, order or resolution, after reference to a committee and a report had thereon, may be recommitted to such committee by the Board at any time previous to its final passage. It shall be in order for any member voting with the majority to move for reconsideration of the vote on any question no later than the next succeeding regular meeting. A motion to reconsider being made and lost shall not be renewed.
Participation of public in debate. After preliminary discussion by any of the members of the Board on any question before it for consideration, any member of the public present at a meeting of the Board may rise and request recognition from the presiding officer to make a statement with regard to the matter under discussion. The presiding officer may, in his or her discretion, recognize such member of the public and, upon recognition, he or she shall be permitted to make a statement with regard to the question before the Board. Such statement shall be limited specifically to the matter at issue.
Debate of questions. Any member desirous of terminating the debate may call for the question, and the question announced by the presiding officer shall then be "Shall we close debate?" If 2/3 of the members present vote in the affirmative, debate shall terminate and the Board shall then vote, first upon pending amendments and then upon the main question.
When a question is under debate, no action shall be in order except the following, and these several motions shall have precedence in the order in which they stand herein:
A motion to adjourn, to lay on the table or to close debate shall be decided without debate.
Voting. The president votes as a member of the Board. All questions shall be decided by roll call of the members, if a demand for such roll call is made. A Trustee may not change his or her vote on any question after the result has been announced.
Suspension of rules. Any of the provisions of these rules, except quorum and voting requirements, may be suspended temporarily by a unanimous vote of the Board members in attendance.
Amendments. These rules of procedure may be amended at any meeting of the Village Board, in which action a majority of the full Village Board shall concur.
Organizational meeting. In each calendar year during which a regular spring election is held for the election of Trustees and/or President of the Board of Trustees, the Board of Trustees shall, on or about the third Tuesday in April of said year, hold an organizational meeting for the purpose of creating committees and/or filling vacancies in such other offices and boards as are then appropriate.
Audio and/or video conferencing devices.
Legislative findings. The Village Board hereby finds that:
Modern communication technology enables people to interact without restrictions of geography or distance; and
Local elected officials, who are part-time and not compensated, often have commitments outside of government, or other government commitments, that prevent them from being physically present at all official meetings; and
The use of communication technology has the potential to increase the efficiency of government by allowing participation by those unable to be physically present.
Village Board meeting.
Any Village Board member who, for good cause, is unable to be physically present at a meeting of the Board may request, prior to the meeting, the consent of the Village President to participate in the meeting by audio and/or video conferencing devices. Upon a showing of good cause, as determined by the President at his/her sole discretion, such a request may be granted subject to authorization at the time of participation. If the requesting member is unable to contact the President, the next most senior member of the Board may consent to the request in his/her place. When a member participates by audio and/or video conferencing devices, the device(s) shall be placed in the meeting room so that the member not physically present can hear and be heard by all those who are physically present, including all members of the public in attendance.
A Board member who is not physically present at a Village Board meeting, but participates by audio and/or video conferencing devices, shall be counted towards a quorum and shall be entitled to fully participate at the meeting. However, such Board member shall abstain from voting on matters that require the visual assessment of a witness' demeanor, or matters that require the visual assessment of physical evidence or exhibits that have not been directly observed or reviewed by the member.
Village Board committee meeting.
Any member of any committee of the Board who, for good cause, is unable to be physically present at a meeting of the committee may request, prior to the meeting, the consent of the committee chairperson to participate in the meeting by audio and/or video conferencing devices. Upon a showing of good cause, as determined by the chairperson at his/her sole discretion, such a request may be granted. If the requesting member is unable to contact the chairperson, the next most senior member of the committee may consent to the request in his/her place. When a committee member is allowed to participate by audio and/or video conferencing devices, the devices shall be placed in the meeting room in a way that the committee member not physically present can hear and be heard by all those who are physically present, including all individuals of the public in attendance.
A committee member who is not physically present at a committee meeting, but participates by audio and/or video conferencing devices, shall be counted towards a quorum and shall be entitled to fully participate at the meeting. However, such committee member shall abstain from voting on matters that require the visual assessment of a witness' demeanor, or matters that require the visual assessment of physical evidence or exhibits that have not been directly observed or reviewed by the committee member.
The following shall constitute the standing advisory committees of the Village Board to which there shall be referred, when deemed advisable, questions pertaining to the subject matter appearing under the designation of such committees, as follows, and such other subjects as may be referred to such committees by action of the Village Board. The terms of such committees shall be for a period of one year and shall extend to the third Tuesday of April of each year.
Public Works/Utilities Committee.
[Amended 3-8-1999; 6-14-1999]
The Chairperson of any standing advisory committee of the Village Board may recommend to the Board of Trustees for approval the appointment of nontrustee members to such committee, whether residents or persons engaged in business in the Village, not to exceed two in number per committee except as follows:
The Finance and Licensing Committee may, upon recommendation of its Chairperson, include not more than three nontrustee members; and
The Public Safety Committee, Public Works/Utilities Committee, and Recreation and Park Committee may each, upon recommendation of their respective Chairpersons, include not more than five non-trustee members.
Nontrustee members shall participate in all discussions of such committees and shall be voting members thereof.
The number of nontrustee members not residents of the Village shall not exceed one in number per committee.