[HISTORY: Adopted by the Village Board of the Village of Black Earth 8-14-2006
by Ord. No. 06-O-3.[1] Amendments noted where applicable.]
The Trustees of the Village of Black Earth 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 and number. The Village of Black Earth
shall have six Trustees in addition to the President, who is a Trustee by
virtue of his or her office as President. The 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 requirement. 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 or her election.
B.
Duties. The Village President shall by virtue of his
or her 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 or she shall maintain peace and good order and see that the Village
ordinances are faithfully obeyed.
A.
Committee appointments. Standing committees of the Village are appointed by the Village President, subject to confirmation by the Village Board. All Trustees shall serve on at least one standing committee. The Finance Committee and Personnel Committee shall be committees of the whole Village Board. The remaining committees listed in Subsection B shall consist of three Trustee members and may include two resident members who would be appointed by the committee at its first meeting held after the organizational meeting of the Village Board. The appointments to each committee shall be made at the annual organizational meeting of the Village Board. The Chairperson of the standing committees will be established by the committee members at their first meeting held after the annual organizational meeting of the Village Board.
[Amended 1-2-2007 by Ord. No. 07-O-1]
B.
Committees established. Unless otherwise provided in
this Code, the following shall constitute the committees of the Village Board:
[Amended 1-2-2007 by Ord. No. 07-O-1]
C.
Appointments under certain contracts.
(1)
Black Earth Fire Department Commission. The Village President
shall annually appoint a Trustee to represent the Village Board as set forth
under Section 3.01 of the Contract Establishing and Providing for Funding
and Management of the Black Earth Joint Fire Department ("BEJFD Contract"),
as amended. Said appointment shall be made at the organizational meeting of
the Village Board and shall be effective as of May 1 through April 30 of the
following year. Such person shall be certified in accordance with Section
3.03 of the BEJFD Contract.
(2)
Black Earth Emergency Medical Services Commission. The
Village President shall annually appoint a Trustee to represent the Village
Board as set forth under Section 3.01 of the Contract Establishing Emergency
Medical Services Commission ("EMS Contract"), as amended. Said appointment
shall be made at the organizational meeting of the Village Board on the first
Tuesday in May and shall be effective as of May 1 through April 30 of the
following year. Such person shall be certified in accordance with Section
3.02 of the EMS Contract.
(3)
Dane-Iowa Wastewater Commission. The Village President,
or his or her designee, shall be an ex officio voting member of the Dane-Iowa
Wastewater Commission, and the Village President shall also appoint an additional
Commissioner, subject to confirmation of the Village Board, by majority vote,
who is a resident of the Village of Black Earth, as set forth under Section
4 of the Intermunicipal Agreement by and between the Villages of Black Earth,
Mazomanie and Arena Establishing the Dane-Iowa Wastewater Commission ("Dane-Iowa
Wastewater Contract"), as amended. Said appointments shall be made at the
organizational meeting of the Village Board. The Commissioners shall serve
for terms of six years from and after the date of their appointments, except
the Village President who shall serve during his or her term of office, as
set forth under Section 4.3. Vacancies shall be filled as set forth under
Section 4.5.
(4)
Vanguard Commission. The Black Earth members of the Vanguard
Commission shall consist of the Village President, or his or her designee,
and the Chair of the Black Earth Electric Utility Commission (Public Works,
Utility and Services Committee), and a citizen appointed by the Village Board
as set forth under Section 3.1.1 of the Intermunicipal Agreement by and Between
the Village of Black Earth and the Village of Mazomanie Establishing a Joint
Electrical Utility Commission ("Vanguard Commission Contract"), as amended.
Said appointments shall be made at the organizational meeting of the Village
Board on the first Tuesday in May. The Trustee appointment shall be effective
as of May 1 through the end of the appointed Trustee's current term in
office. The citizen appointment shall be effective as of May 1 through the
end of the third succeeding April 30, in accordance with Section 3.11 of the
Vanguard Commission Contract.
D.
Special committees. The Village President may, from time
to time, appoint such special committee or committees as he or she deems advisable
or as provided for by motion or resolution by the Board, stating the number
of members and object thereof, to perform such duties as may be assigned to
them. All special committees shall cease to exist after the April Board meeting
unless reappointed by the Village President or extended by the Village Board.
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.
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, waterworks,
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 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, 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.
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. The salaries and compensation to be
paid to Village officials shall be determined by resolution of the Village
Board. Salaries established shall so remain until changed and shall not be
increased or diminished during their terms of office.
A.
Regular meetings. Regular meetings of the Village Board
shall be held in accordance with Village policy.
B.
Annual organizational meeting. The Village Board shall
hold an annual organizational meeting on the third Tuesday in April or on
the first regular meeting following the spring election, for the purpose of
organization.
C.
Board minutes. The Village Clerk-Treasurer shall keep
a record of all Board proceedings and cause the proceedings to be published.
A.
Special meetings of the Board may be called 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 or her 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 Chapter 19, Subchapter V, Wis. Stats. The Village
Clerk-Treasurer shall give notice immediately upon the call for such meeting
being filed with him or her.
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. Individuals requesting a special
meeting of the Village Board shall be required to pay a fee as set by policy
by the Village Board for such meeting.
B.
Adjournment of meetings. 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.
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 record the attendance, 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.
The Village President shall preside over meetings of
the Village Board. In the absence of the Village President, the Village Clerk-Treasurer
shall call the meeting to order and the Trustees present shall elect one of
their members as 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 this chapter. 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.
A.
Agenda.
(1)
All matters to be presented at a Board meeting shall
be filed with the Clerk-Treasurer no later than 4:00 p.m. two business days
preceding the scheduled regular 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 such time will not be placed upon the agenda. The
President may waive the filing deadline for emergency 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 maximum
reasonable notice of agenda items as each situation allows.
B.
Order of business. The order of business at all regular
or special meetings shall be according to the agenda prepared by the Clerk-Treasurer.
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.
A.
All ordinances of the Village shall be published 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 in 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.
C.
Ordinances and resolutions shall be presented in writing
to the Board. Unless requested by a Trustee before the final vote is taken,
no ordinance or resolution need be read in full. No ordinance or resolution
shall be discussed or acted upon unless it has been made or seconded.
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.
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, 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/she has been
recognized by the presiding officer. He/She shall thereupon address himself/herself
to the Board and confine his/her 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 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)
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 a vote.
D.
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.
These rules shall not be suspended except by a two-thirds vote of all
the members of the Board.
