[HISTORY: Adopted by the Village Board of
the Village of Johnson Creek 8-27-2012 by Ord. No. 05-12.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 8,
Village Board, adopted 12-1-1994 by Ord. No. 12-94 as Ch. 2 and §
3.01 of the 1994 Code, as amended.
A.
Trustees.
There shall be six Trustees of the Village. 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.
President.
The Village President shall be chosen at the regular spring election
in odd-numbered years for a term of two years, commencing on the third
Tuesday of April in the year of election. The President shall be by
virtue of the office a Trustee and preside at all meetings of the
Board and have a vote as a Trustee.
C.
Nomination. Candidates for elective Village offices shall be nominated by a nonpartisan primary conducted according to Ch. 8, Wis. Stats. Nomination papers shall be signed by not fewer than 20 nor more than 100 electors of the Village. The papers shall be circulated not sooner than the first day of December preceding the election and shall be filed with the Village Clerk-Treasurer not later than 5:00 p.m. the first Tuesday in January, or the next day if Tuesday is a holiday.
A.
Regular
meetings of the Village Board shall be held on the fourth Monday of
each month beginning at 5:30 p.m., or as otherwise noticed by the
Village Clerk-Treasurer in any meeting notice posted or published
in accordance with the Open Meeting Statutes of the State of Wisconsin.[1]
[1]
Editor's Note: See § 19.81, Wis. Stats. et
seq.
B.
Special
meetings. Special meetings of the Board may be called by the Village
Board, the Village President, or by written request signed by two
Trustees and filed with the Clerk-Treasurer at least 24 hours prior
to the time specified for such meeting. The Clerk-Treasurer shall
notify each Trustee of the time and purpose of such meeting. The notice
shall be delivered to each Trustee by phone, U.S. mail, e-mail, or
in person. The Clerk-Treasurer shall cause an affidavit of service
of such notice to be filed in his or her office prior to the time
fixed for such special meeting.
C.
Place
of meetings. All meetings of the Board, including special and adjourned
meetings, shall be held in the Village Hall unless noticed otherwise.
D.
Quorum.
Any majority, four members, of the Board shall constitute a quorum.
A call of the house may be ordered by majority vote if three Trustees
are present.
E.
Organizational
meeting. In addition to other regular and special meetings, an organizational
meeting shall be held annually on the third Tuesday of April. The
purpose of this meeting shall be limited to the organization of the
Village Board, the confirmation of appointment of Village officers,
the confirmation of appointment of Trustees and citizens to Village
committees and the appointment of standing committees of the Village
Board.
The business of the Village Board shall be conducted pursuant
to an agenda as approved by the Village Board.
A.
Control
of meeting. The Village President shall preserve order and conduct
the proceedings of the meeting. A member may appeal from the decision
of the presiding officer. Such appeal is not debatable and must be
sustained by a majority of the members present, exclusive of the presiding
officer.
B.
Absence
of the President. If the President is absent at any meeting, the Chairperson
of the Personnel and Finance Committee shall preside for that meeting.
If the Chairperson of the Personnel and Finance Committee is absent,
the Chairperson of Improvement and Services shall preside for that
meeting. If the Chairperson of the Improvement and Services Committee
is absent, the Chairperson of the Protection and Welfare Committee
shall preside for that meeting.
A.
Mode
of voting. A roll call vote is not required as to any action taken
by the Village Board, except as required by Wisconsin Statutes or
except when requested by any Board member entitled to vote on any
motion or question presented to the Board for deliberation or decision.
B.
Abstentions:
(1)
A Board member shall not vote on any proposed ordinance, order, resolution
or proposition in which he or she has a direct pecuniary or personal
interest not common to other members of the Board.
(2)
A Board member who is required by law to abstain from voting on any
particular matter shall not be counted for determining:
In the absence of a standing rule, the deliberations of the
Village Board shall be conducted in accordance with the parliamentary
rules as contained in Robert's Rules of Order, Newly Revised
10th Edition (2000), unless contrary to state law. Included in these
standing rules, but not limited to this itemization, are the following
rules:
B.
No
ordinance, resolution or other motion shall be discussed or acted
upon unless it has been seconded.
C.
No
motion shall be withdrawn without the consent of the person making
the same and the person seconding it.
D.
No
Trustee shall address the Board until he has been recognized by the
presiding officer. The Trustee shall confine his or her remarks to
the question under discussion and avoid all personal remarks.
E.
When
two or more members simultaneously seek recognition, the presiding
officer shall name the member who is to speak first.
F.
When
a question is under discussion, no action shall be in order except
to adjourn, to lay on the table, to move the previous question, to
postpone to a certain day, to refer to a committee, to amend, and
to postpone indefinitely. These motions shall have precedence in the
order listed.
G.
Any
member desiring to terminate the debate may move the previous question,
or call the question, in which event the President shall announce
the question as, "Shall the main question now be put?" If a majority
of the members present vote in the affirmative, the main question
shall be taken without further debate, its effect being to put an
end to all debate and bring the Board to a direct vote, first upon
any pending amendments and then upon the main question.
H.
A
motion to adjourn shall always be in order, and a motion to adjourn
or to lay on the table and a call for the previous question shall
be decided without debate.
I.
No
member of the Board, whether he is a Trustee or the President, shall
vote on any question involving his own character or conduct, the right
as a member, or his pecuniary interest.
J.
Any
member voting in the majority may move for a reconsideration of the
vote of any question at that meeting or at a succeeding regular meeting.
A motion to reconsider being put and lost shall not be renewed.
K.
A
Board member may change his or her vote on a matter up to the time
the result of the vote is announced.
B.
Ordinance
procedure. Every ordinance shall receive two separate readings before
its passage by the Board. No vote to approve or deny the ordinance
shall be taken by the Board following the first reading. No such ordinance
shall have the second reading on the same day that it is first read,
unless by suspension of the rules as hereinafter provided. Such second
reading may, however, be by title only.
C.
Enactment
and publication. The presiding officer and Village Clerk-Treasurer
shall ensure that all ordinances are properly enacted, published or
posted, as the case may be, and filed in this Code.
B.
Appointments.
(1)
At the annual organizational meeting, the Village President shall
appoint the following number of Village Trustees to each standing
committee:
(2)
The Village President shall serve on one standing committee as one
of the three members. The Village President shall act as an alternate
member to any standing committee meeting where a quorum is not present.
The Village President shall act as the ex officio chairperson of the
three standing committees until the three standing committees meet
to elect a committee chairperson. Those members of the Board not elected
to serve as chairperson may be assigned to other special committees,
tasks, or boards, which shall be designated by the Village President.
All committee, special committee, task and board appointments, except
the designation of chairperson, shall be subject to confirmation by
a majority vote of the entire Village Board.
C.
Duties.
Each of the standing committees shall have such powers, duties and
objectives to provide recommendations to the Village Board as provided
below:
(1)
Personnel and Finance Committee. The Personnel and Finance Committee
shall be responsible for all recommendation of policy which affect:
(a)
Personnel, including the review of the personnel policy manual, the
internal control policy, the table of organization of departments,
including the review of job descriptions, and any other policy or
action affecting personnel; and
(b)
Finance, including the review of the annual budget, the capital budget
and any amendments thereof, the purchase, sale, or disposal of property,
the negotiation and/or settlement of any litigation, any contractual
obligations, claims, publications, license, any bonding, including
issuance or repayment of bonds, and any other policy or action affecting
finance.
(2)
Improvement and Services Committee. The Improvement and Services
Committee shall be responsible for all recommendation of policy which
affects the Sewer and Water Utility, or any other utility, the construction,
repair and maintenance of infrastructure, including streets, curbs
and gutters, sidewalks, lighting, all paved and unpaved roads, paths
and walkways, any land use policy excepting the authority provided
by the Plan Commission, any authorized use of parks or park facilities,
all sanitation, including waste collection, recycling and composting,
and any other policy or action affecting improvements and infrastructure.
(3)
Protection and Welfare Committee. The Protection and Welfare Committee
shall be responsible for all recommendations of policy which affect
public safety, including police and fire, excepting the authority
provided to the Police and Fire Commission, enforcement of the Uniform
Traffic Code and authorization of public parking, compliance of emergency
management and disaster recovery, and any other policy or other action
affecting the public safety and/or general welfare of the public.
D.
Committee
of the Whole. The Village Board shall meet as a Committee of the Whole
on the second Monday of each month beginning at 5:30 p.m., or as otherwise
noticed by the Village Clerk-Treasurer in any meeting notice posted
or published in accordance with the Open Meeting Statutes of the State
of Wisconsin.[1] Special meetings of the committee may be called by the Village Board or Village President. Any Village Board member may participate by telephone in any meeting of the Committee of the Whole in accordance with the procedure established by § 8-12 of the Municipal Code.
[Amended 4-18-2017 by Ord. No. 5-17]
[1]
Editor's Note: See § 19.81, Wis. Stats., et
seq.
E.
Committee
authority. No official action shall be taken at any committee meeting,
but the committee may, by motion adopted by a majority of the committee
members in attendance, make recommendations to the Village Board on
any matter which is brought before the committee. The committee may
also provide directions and request action to be undertaken by Village
officials and employees.
In addition to other duties, the Clerk-Treasurer shall record
the minutes of the Board meetings. In the absence of the Clerk-Treasurer,
the President shall appoint a Clerk-Treasurer pro tem.
A.
Whenever
a vacancy exists as a result of the death or resignation of any Board
member or for any reason provided by law, such vacancy shall be filled
by appointment made by the Village Board.
B.
At
the next regularly scheduled Board meeting or any other special Board
meeting called for the purposes noted herein, the Board shall establish
a date by which any eligible elector may submit his or her written
application to fill the vacancy. The date by which such written applications
must be submitted to the Board shall rest on the discretion of the
Board, but in all events such written applications shall be submitted
to the Board within 30 days after the Board meeting. The Board shall
also, at the meeting held for the purpose of establishing the date
for submission of written applications to fill the vacancy, establish
a date at which the appointment to fill vacancy shall be made. At
the meeting called for the purpose of filling the vacancy, any Board
member may nominate an applicant to fill the vacancy from those applicants
having submitted written applications. In the event only one written
application is submitted to the Board and in the further event that
the applicant fails to receive a majority vote of the Board members
attending the meeting, then in that event Board members may nominate
candidates even though such candidates have not submitted written
applications to the Board within the time established by the Board.
C.
In
all events, the vacancy shall be filled by the candidate obtaining
a majority vote as to those Board members in attendance at the meeting
called for that purpose.
[Added 2-27-2017 by Ord.
No. 1-17]
Any Village Board member who, for good cause, is unable to attend
a regular or special Village Board meeting in person may request in
writing, by fax or by e-mail, at least 24 hours in advance of the
meeting, the permission of the Village Board Chair to participate
in the Village Board meeting by speaker phone. Upon a showing of good
cause, as determined by the Village Board Chair in his or her sole
discretion, such a request may be granted. In the event attendance
at the meeting by phone is approved by the Village Board Chair, then
the following rules shall govern the absent Village Board member's
participation in the Village Board meeting:
A.
At the beginning of the meeting, the Village Board Chair shall announce
the name of the Village Board member who is absent but will be participating
in the Village Board meeting by speaker phone. The Village Board member
whose attendance and participation in the Village Board meeting is
by speaker phone shall not be counted as being a Village Board member
in attendance for the purpose of determining whether a quorum of the
Village Board is present.
B.
A speaker phone shall be placed in the Village Board meeting room
so that all in attendance at the Village Board meeting can hear and
be heard.
C.
The Village Board member participating by phone shall be entitled
to participate in all discussions undertaken by the Village Board
and to vote on all matters upon which the Village Board acts at the
Village Board meeting; provided, however, that the Board member participating
by phone shall not be entitled to participate or vote:
