[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.]
[1]
Editor's Note: This ordinance also repealed former Ch. 90, Village Board, adopted 8-8-2000 by Ord. No. 00-O-5 (Ch. 1 of the 1990 Code), as amended.
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]
(1) 
Finance Committee.
(2) 
Personnel Committee.
(3) 
Public Works and Utility Services Committee.
(4) 
Police Committee.
(5) 
Negotiations Committee.
(6) 
Economic Development Committee.
(7) 
Parks, Grounds and Recreation Committee.
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.
A. 
Open Meeting Law compliance. All meetings shall be open to the public, unless falling within a lawful exception of the Wisconsin Open Meeting Law.[1]
[1]
Editor's Note: See § 19.81 et seq., Wis. Stats.
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.
A. 
Roll call votes. A roll call shall not be necessary on any questions or motions except as follows:
(1) 
When the ayes and nays are requested by any member.
(2) 
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.
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.