[HISTORY: Adopted by the Village Board of the Village of New Glarus
1-18-2000 by Ord. No. 99-14 as Title 2, Ch. 2 of the 2000 Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Boards, commissions and committees — See Ch. 16.
The Trustees of the Village of New Glarus 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 New Glarus
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 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 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.
A.
Committee appointments. Standing committees of the Village are appointed by the Village President, subject to confirmation by the Village Board. The committees listed in Subsection B shall consist of three Trustee members. The appointments to each committee shall be made at the annual organizational meeting of the Village Board. Standing committees shall review such matters as may be referred to them by the Village Board and shall submit recommendations for Board action.
B.
Committees established. The following standing committees
are established:
(2)
Committee on Public Works and Safety.
[Amended 11-22-2001 by Ord.
No. 01-09; 12-3-2002 by Ord.
No. 02-01]
(a)
Administration of police and fire matters.
(b)
Control of traffic signals, signs and regulations.
(c)
Administrative oversight of building permits, building
inspections and zoning matters.
(d)
Licenses and permits.
(e)
Nuisances.
(f)
Weeds.
(g)
Construction and maintenance of streets and sidewalks.
(h)
Snow and ice removal from streets and walks.
(i)
Construction of sanitary sewer and storm sewer mains.
(j)
Maintenance of sewer and wastewater treatment facility.
(k)
Administration and operation of electric and water utilities.
[1]
Powers.[1]
[a]
The Committee on Public Works and Safety will supervise
the Electric Utility and Water Utility, which shall keep books of account
in a manner and form prescribed by the Public Service Commission, which shall
be open to the public, and see that reports to the Village Board are submitted
when required. Consumers' rates shall be determined by the Public Works Committee
from time to time, with the approval of the Village Board and the Public Service
Commission.
[b]
Any designated employee of the Village may at all reasonable
hours enter upon any premises where Village electricity and water are used
for the purpose of applying, reading or detaching meters, valves or other
related appurtenances or appliances for the distribution and control of such
supply.
[2]
Damage.
[a]
Consumer not to have claim. No person shall have any
claim against the Village or any officer or agent thereof for damage by reason
of interrupted or discontinued water supply or electricity, variation of pressure
by turning off or turning on, either wholly or partially, of the water supply,
or variation in the electrical current.
[b]
Village right to recover. The Village may recover from
any person any expense incurred by said utility for the repair or replacement
of any water main, hydrant, light post or high line and any such equipment
that is the property of the utility damaged in any manner by such person or
agent thereof.[2]
[3]
Income.
[a]
Pursuant to § 66.0811(1) Wis. Stats., the Village
shall be entitled to the same rate of return as permitted for privately owned
utilities.
[b]
The income of the water and electric utilities shall
first be used to meet operation, maintenance, depreciation, interest and sinking
fund requirements, local and school tax equivalents, additions and improvements
and other necessary disbursements or indebtedness. Income in excess of these
requirements may be used to purchase and hold interest-bearing bonds issued
for the acquisition of the utility, or bonds issued by the United States or
any municipal corporation of this state, or insurance upon the life of an
officer or manager of such utility, or may be paid into the general fund.
C.
President to designate chairpersons; committee of the
whole; special committees.
(1)
The President shall be the Chairperson of the Committee
on Finance.
(2)
The Village President shall designate the chairpersons
of standing committees. All committee appointments except designation of chairperson
shall be subject to confirmation by a majority vote of the Board.
(3)
All Trustees shall serve on at least one standing committee.
The Village President may be appointed to serve as a member of a specific
committee.
(4)
The Village President may declare the entire Board a
committee of the whole for informal discussion at any meeting or for any other
purpose, and shall ex officio be Chairperson of the same.
(5)
The Village President may, from time to time, appoint
such special committee or committees as he 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.
D.
Committee reports.
(1)
All committees are subunits of the Village Board and
perform no executive or administrative Village function other than as specifically
authorized by ordinance or policy adopted by the Village Board.
(2)
Each committee shall give the full Board a report on
all matters referred to it. Such report shall recommend a definite action
on each item and shall be approved by a majority of the committee. Each committee
report shall include the date, time and place of the meeting and the members
attending. Each such committee report, verbal or written, is deemed to be
the product of the entire committee, whether any item therein is approved
unanimously or not. Each such report should provide all necessary historical
background to familiarize the Board with the issue.
(3)
If a committee member on a particular committee disagrees
with the position taken by the committee on an issue, such member may address
the Board with the minority position. The Board shall permit one committee
member supporting the majority position equal time to address the Board on
such issue.
E.
Ambiguity of committee authority. In case of ambiguity
or apparent conflict between the preceding definition of committee authority
and a definition, in this Code, of the authority of a Village officer, employee,
board or association, the latter shall prevail.
F.
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 committee shall not assume responsibility for the administration
of any Village department.
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, 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 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 chapter 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.
A.
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.
B.
Members of the Village Board shall receive the following
salaries:
A.
Regular meetings. Regular meeting of the Village Board
shall be held on the first and third Tuesday of each calendar month at a time
designated by the Village Board from time to time. When the day so designated
falls on a legal holiday, 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 Board meeting,
notice thereof shall be posted at the Municipal Building in the Village of
New Glarus prior to such rescheduled meeting date. All meetings of the 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
Board meetings shall be held within the boundaries of the Village.
[Amended 1-18-2000 by Ord.
No. 99-15]
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 in May 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 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 Chapter 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. Individuals requesting a special
meeting of the Village Board shall be required to pay a fee as set 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 President
Pro Tem shall preside over the meeting. In case of absence of the Village
President and the Village President Pro Tem, the Village Clerk-Treasurer shall
call the meeting to order and the Trustees present shall elect one of their
number Acting President.[1]
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)
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 the Clerk-Treasurer
no later than 4:00 p.m. on the Thursday 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 4:00 p.m.
on the Thursday preceding the Board meeting 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. Generally, the following order may
be observed in the conduct of all regular Board meetings:
(1)
Call to order.
(2)
Recording of attendance; approval of agenda.
(3)
Approval of minutes, and any corrections, of preceding
regular and special meetings.
(4)
New business, including the introduction of ordinances
and resolutions.
(5)
Reports of Village officers.
(6)
Committee reports.
(7)
Communications and miscellaneous business as permitted
by law.
(8)
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 handling,
the Clerk-Treasurer shall assure that an editorial note is prepared showing
compliance with such special handling.
(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, communications, etc. Every
petition or other correspondence from citizens, 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 same and in any event prior to or at the opening of the next
meeting of the Village Board following the receipt of 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 may 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 motions based upon committee or commission action
are permissible only on items specifically on the agenda.
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.[1]
B.
All ordinances shall take effect and be in force from
and after passage and publication/posting thereof, unless otherwise provided.
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 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 a 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. The "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.
These rules shall not be suspended except by a two-thirds vote of all
the members of the Board.