[HISTORY: Adopted by the Village Board of
the Village of Orfordville 3-31-1992 as Title 2, Ch. 2 of the 1992 Code. Amendments noted where
applicable.]
The Trustees of the Village of Orfordville 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 Orfordville
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.
B.
Appointment as President. A Village Trustee shall
be eligible for appointment as Village President to fill an unexpired
term.
C.
Residency. Members of the Village Board shall be residents
of the Village at the time of their election and during their terms
of office.
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.
C.
Absence of Village President. In the absence of the
Village President, the Board may, by resolution, authorize another
member of the Board of Trustees to act as Village President in the
place and stead of the President. Such resolution may be a continuing
resolution or may be for a particular and specific term or period
of time.
A.
Committee of the Whole. For purposes of conducting
the business of the Village, the entire Board shall operate as a Committee
of the Whole for informal discussion at any meeting or for any other
purpose, and the Village President shall be considered to be the Chairperson
of said Committee.
B.
Special committees. The Village President may, from
time to time, appoint a special or designated committee or committees
as the President deems advisable or as provided for by resolution
of the Village Board. Any resolution creating or appointing a committee
in such manner shall designate the number of members of said committee
and the object or work of said committee. All special committees shall
cease to exist after the April meeting of the Board unless reappointed
by the Village President or extended by the Village Board.
C.
Ambiguity of committee authority. In the case of ambiguity
or apparent conflict between the authority of a special committee
and the authority of a Village officer, employee, board or association,
the authority of the officer, employee, board or association shall
take precedence or prevail unless the Village Board shall specifically
give or grant the committee higher authority, and such higher or prevailing
authority shall not conflict with any state statute, administrative
regulation or local ordinance.
D.
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.
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, water works, 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
the 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 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]
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 ordinance and shall not be increased
or diminished during their terms of office.
[Amended 5-10-2004 by Ord. No. O-2004-01; 10-26-2020]
A.
Regular meetings. Regular meetings of the Village Board shall be
held on the second and fourth Mondays of each calendar month at 7:00
p.m. local time, except when the day so designated falls on a legal
holiday, in which case the regular meeting shall be held the following
day or at such other date and time as the Village Board shall designate.
When the Village Board designates a date and time for the regular
meeting, notice thereof shall be posted at the Municipal Building
in the Village of Orfordville and published in a newspaper of general
circulation in the Village prior to such rescheduled meeting date.
All meetings of the Village Board shall be held at the Municipal Building,
unless specified otherwise in the minutes of the preceding meeting
or by written notice posted at the regular meeting place at least
three hours prior to any meeting. In any event, all Village Board
meetings shall be held within the boundaries of the Village.
B.
Virtual meeting attendance (individuals). A Village Board member's
presence at a meeting includes his or her presence if attending by
telephone, video, or other manner of remote access, so long as such
remote access is compliant with Wisconsin law. The Village Board recognizes
it is important for members to attend meetings to perform the role
for which they were elected and to add to the diversity of thought
and opinion in deliberations. The Village Board also recognizes members
may not be able to be present at all Village Board meetings and therefore,
on occasion, members may attend meetings remotely subject to the following
guidelines:
(1)
Notice is given at least one business day in advance of the meeting
to the Village President requesting remote attendance, and the Village
President extends permission;
(a)
Acceptable reasons for remote attendance include, but are not
limited to, illness, out-of-town work commitment, or out-of-town family
commitments.
(2)
Notice is given to citizens at the beginning of the meeting that
a member(s) is participating remotely;
(3)
Members are prohibited from participating during the closed session
portion of any meeting as confidentiality and privacy cannot be assured;
(4)
Remote participation in meetings is limited to a Village Board member.
Public input is not allowed via electronic communication;
(5)
All members physically in attendance, and citizens in attendance,
must be able to hear the comments offered by the remote Board member(s);
(6)
Official meeting proceedings will reflect a Board member(s) participated
remotely and all votes shall clearly identify the votes of individual
members; and
(7)
If, for any reason, the remote access malfunctions before or during
the meeting, the meeting shall continue as scheduled.
C.
Virtual meetings (entire Board).
(1)
In the case of emergency circumstances, the Village Board authorizes
the Village President to determine that it is necessary or appropriate
to hold a regular or special Village Board meeting by means of remote
or virtual participation. The Village President and Village Clerk
shall cause such meetings to be noticed accordingly and assure that
such notice contains explicit instructions concerning the method or
methods of remote public access to the Village Board meeting and may
include remote Village Board member participation in such meetings.
Any meeting held under this provision may include voting as any other
Village Board meeting may, and such votes shall not be invalid because
of the remote or virtual nature of the meeting.
(2)
The Village President will assure that consideration is given to
providing the broadest scope of public access to the meeting where
no central location for the meeting at which the public may gather
is provided. This may include multiple different technology options
so that the lack of technology access for members of the public does
not prevent the ability to attend. The Village President shall conduct
the meeting so as to facilitate public understanding of the proceedings,
including requiring Board members to identify themselves before speaking,
and limiting instances of multiple members speaking at the same time
to the extent possible.
(3)
Individual Board members and members of the public have the responsibility
to assure their internet connection, along with the device being used
for video and audio connection, is tested and in good working order
prior to the meeting.
(4)
All actions requiring a vote may be conducted by voice, a show of
hands, or roll call, provided that the vote of each member is recorded.
Proxy voting is prohibited.
D.
Annual organizational meeting. The Village Board shall hold an annual
organizational meeting on the third Tuesday in April or on the first
regular meeting date in May following the spring election.
E.
Board minutes. The Village Clerk-Treasurer shall keep a record of
all Village Board proceedings and cause the proceedings to be published.
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 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, Subchapter 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. Regular sessions of the Village
Board may be adjourned from time to time for later reconvening. Any
such 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. If requested to attend,
each department head shall attend regular Board or committee meetings
or shall send a subordinate prepared to address matters relating to
that area of responsibility unless excused by the President. Other
Village officials may be required to attend Board meetings at the
request of the Board.
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,
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
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.
C.
Absence of President. If the President is absent at
any meeting, the Clerk-Treasurer shall call the meeting to order and
preside until the Village Board by majority vote selects a Trustee
to preside for that meeting.
D.
Participation in voting and debate. The presiding
officer may speak upon any question before the Village Board. The
presiding officer shall have the ability to vote on all matters before
the Village Board.
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 12:00 noon on the Friday 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 12:00 noon on the Friday preceding the
Board meeting will not be placed upon the agenda. The President may
waive the filing deadline for good 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 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)
Reports of Village officers.
(5)
Unfinished business.
(6)
New business, including the introduction of ordinances
and resolutions.
(7)
Committee reports.
(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
handing, the Clerk-Treasurer shall assure that an editorial note is
prepared showing compliance with such special handing.
(5)
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 the same and, in any event,
prior to or at the opening of the next meeting of the Village Board
following the receipt of the 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 shall
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 motion
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 published in a newspaper of general
circulation in 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. 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.
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, appropriations 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.
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.
(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 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 the following, 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. "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.
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 not be suspended except by
a two-thirds vote of all the members of the Board.
