Village of Waterford, WI Chapter 76 Village Board

[HISTORY: Adopted by the Village Board of the Village of Waterford as Chapter 2 of the 1998 Code. Amendments noted where applicable.]

§ 76-1 Composition; term; elections.

The Village Board shall consist of the Village President and six Trustees, who shall be elected for two-year terms, the President and three Trustees to be elected in odd-numbered years and three Trustees to be elected in even-numbered years.

§ 76-2 Meetings.

[Amended 12-17-2003 by Ord. No. 444; 11-22-2004 by Ord. No. 467; 1-23-2006 by Ord. No. 489; 3-12-2018 by Ord. No. 660]

A. Regular meetings. Regular meetings of the Village Board shall be held at least once during each calendar month, on such day and at such hour as the Board designates. Any regular meeting falling on a legal holiday shall be held on the next following scheduled workday, at the same hour and place, or as may be determined by the Village Board. All meetings of the Board shall be held in the Village Hall, including special and adjourned meetings, unless specific notice of another meeting place is provided.

B. Special meetings. Special meetings of the Village Board may be called by the Village President or any two Trustees in writing, filed with the Clerk at least 24 hours prior to the time specified for such meeting. The Clerk shall immediately notify each Trustee by telephone and email of the time and purpose of such meeting. Special meetings, for good cause shown, may be held upon two hours’ notice. Any special meeting attended by a quorum of Trustees shall be a regular meeting for the transaction of any business that may come before such meeting.

C. Adjournments. The Board may by a majority vote of those present, but not less than three affirmative votes, adjourn from time to time to a specific date and hour.

D. Public notice. Public notice of meetings shall be made as set forth in Wis. Stats. § 19.84(3).

§ 76-3 Presiding officer.

A. The Village President shall preside over all meetings of the Village Board. In the absence of the President, the Clerk shall call the meeting to order, and the Trustees present shall elect one of their number President pro tem.

[Amended 11-22-2004 by Ord. No. 467; 1-23-2006 by Ord. No. 489]

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 the most current edition of Robert's Rules of Order, unless otherwise provided by statute or by these rules. Any member may appeal from a decision of the presiding officer. An appeal shall be sustained by a two-thirds vote of the members, excluding the President.

§ 76-4 Roll call; quorum.

A. Roll call; procedure when quorum not in attendance. As soon as the Board is called to order, the Clerk shall proceed to call the names of the members in alphabetical order, noting who is present and who is absent, and shall record the same in the proceedings of the Board. If there is not a quorum present, such fact shall be entered on the journal; and the Board may adjourn, or the presiding officer or, in his absence, the Clerk may issue a process to any policeman commanding him forthwith to summon the absentees.

[Amended 11-22-2004 by Ord. No. 467; 1-23-2006 by Ord. No. 489]

B. Quorum. A majority of the members shall constitute a quorum. The President shall be counted in computing a quorum.

§ 76-5 Order of business; Clerk pro tem.

A. The business of the Board shall be conducted in the following order:

(1) Call to order by presiding officer.

(2) Roll call. If a quorum is not present, the meeting may thereupon adjourn, which may be to a specific date and hour pursuant to § 76-2C of this chapter, or the absentees may be summoned pursuant to § 76-4A.

(3) Public appearances.

(4) Reading the minutes of the preceding meeting, approving the same if correct and rectifying mistakes if any exist.

(5) Unfinished business from previous meeting.

(6) New business, including the introduction of ordinances and resolutions.

(7) Reports of Village officers.

(8) Communications and miscellaneous business.

B. In the absence of the Clerk, the Deputy Clerk shall act as Clerk pro tem.

[Amended 11-22-2004 by Ord. No. 467]

§ 76-6 Conduct of deliberations.

The deliberations of the Village Board shall be conducted in the following manner:

A. When two or more members simultaneously seek recognition, the presiding officer shall name the member who is to speak first.

B. Except under § 76-5A(3), no person other than a member shall address the Board, except by vote of a majority of the members present.

C. No motion shall be discussed or acted upon until it has been seconded, unless the rules permit one Trustee to initiate action. No motion shall be withdrawn without the consent of the person making the same and the person seconding it.

D. Discussion.

(1) When a question is under discussion, no action shall be in order except:

(a) To adjourn;

(b) To lay on the table;

(c) To move the previous question;

(d) To postpone to a certain day;

(e) To refer to a committee;

(f) To amend; or

(g) To postpone indefinitely.

(2) These motions shall have precedence in the order listed.

E. Any member desiring to terminate debate may move the previous 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 end all debate and bring the Board to a direct vote, first upon any pending amendments and then upon the main question.

F. Any Trustee may demand an "aye" or "nay" vote on any matter, and such vote shall be entered in the proceedings. Every member shall vote when a question is put unless the member has a conflict of interest, in which case the member shall make a statement on the record which explains the conflict to the satisfaction of the presiding officer, who may then excuse the member from voting. If the presiding officer has a conflict of interest, the presiding officer shall make such a statement on the record to the satisfaction of the members, who may then by majority vote excuse the presiding officer for the conflict of interest. A majority vote of all members of the Board in favor of any proposed ordinance, resolution or appointment shall be necessary for passage or approval, unless a larger number is required by statute. Except as otherwise provided, a majority vote of those present shall prevail in other cases.

[Amended 6-11-2001 by Ord. No. 412]

G. 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.

§ 76-7 Reconsideration of question.

Any member voting in the majority may move for a reconsideration of the vote on any question at that meeting or at the next succeeding regular meeting. A motion to reconsider being put and lost shall not be renewed. No Trustee shall change his vote on any question after the result has been announced.

§ 76-8 Call of the Board.

A call of the Board may be requested at any time by two or more members, and absent members shall be sent for; provided a call shall not be made after voting has commenced. When a call of the Board has been requested and ordered, the door shall be closed until the report of the policeman has been received and acted upon or until further proceedings under the call are dispensed with by a majority of the entire Board.

§ 76-9 Disturbances and disorderly conduct.

Whenever any disturbance or disorderly conduct occurs in any meeting of the Board, the President may cause the room to be cleared of all persons guilty of such disorderly conduct except the Trustees. If any Trustee is guilty of disorderly conduct, the President or presiding officer may order the police to take him into custody for the time being or until the meeting adjourns. Such member may appeal from such order to the Board as in other cases.

§ 76-10 Appropriations and accounts.

[Amended 3-12-2018 by Ord. No. 660]

All demands or accounts shall be paid as set forth in § 23-6 of this Municipal Code.

§ 76-11 Standing committees.

A. Appointment. The following committees shall be appointed to one-year terms by the Village President, subject to the approval of a majority of the members of the Village Board, at the first meeting in May of each year:

(1) Finance and Taxes. This Committee shall perform preparatory work and recommend to the Village Board regarding taxes, expenses of the Village, revenues of the Village, budgetary analysis and preparation and Village fund investment.

(2) Public Works and Utilities. This Committee shall do analysis of and make recommendations to the Village Board regarding streets, sidewalks, buildings, parks, lighting facilities, the Water Uutility and the Sewer Utility, and related contracting requirements for maintenance and improvement of the same. In addition, this Committee shall:

[Amended 5-14-2001 by Ord. No. 410; 10-11-2004 by Ord. No. 461; 6-23-2008 by Ord. No. 530; 5-9-2011 by Ord. No. 574]

(a) Make recommendations to the Village Board regarding the implementation of design standards for infrastructure projects within the Village in the areas of aesthetics and furtherance of a unified theme. This Committee shall further make recommendations to the Village Board regarding the designation of and promotion of a Village Theme, intended to further the image of the Village of Waterford and promote its development in accordance therewith.

(b) Do preparatory work and make recommendations to the Village Board regarding the Water Utility and the Sewer Utility and on any repairs, additions and improvements it may deem necessary to the water system and the sanitary sewer system. It shall hear appeals of certain utility decisions pursuant to the provisions of Chapter 223, including §§ 223-6 and 223-25.

(c) Do preparatory work and make recommendations to the Village Board regarding garbage collection procedures and contracting, recycling regulation and contracting, and leaf and yard refuse cleanup.

(3) (Reserved)[1]

[1] Editor's Note: Former Subsection A(3), Health and sanitation, as amended, was repealed 6-23-2008 by Ord. No. 530.

(4) Personnel Administration and Insurance. This Committee shall do preparatory work and make recommendations to the Village Board regarding personnel policy, personnel review, wage rates for Village employees, contract negotiation in the areas of wage rates and Village employee working conditions, collective bargaining, insurance contracting and Village personnel organization.

(a) Additional duties. In addition to duties assigned elsewhere, the Personnel Committee shall be in charge of all duties arising under Wis. Stat. Ch. 111, and shall be responsible for the direction of all personnel matters involving employees of the Village. The Committee shall consist of two Trustees and three citizens appointed by the Board.

(b) Election, certification, decertification, fact finding, mediation and arbitration. The Personnel Committee shall conduct on behalf of the Village all proceedings involving the Wisconsin Employment Relations Commission relative to the election, certification and decertification of collective bargaining.

(c) Collective bargaining. Collective bargaining with certified bargaining units shall be carried on by the Personnel Committee, which shall adopt and thereafter may amend rules and procedures governing the conduct of such bargaining not in conflict with any other existing ordinances of the Village. Department heads and supervisory personnel shall not distribute to any Village employees any written communication the subject matter or program of which relates to such collective bargaining or other employment relations matters, unless such communications shall have the prior approval of the Village Attorney or labor negotiator designated by the Village Board.

(d) Agreement. The agreements reached at the conclusion of such collective bargaining shall be reduced to writing by the Committee and submitted in the form of a proposed ordinance or resolution to the Village Board for its approval or rejection.

(e) Enforcement. The Village Attorney or labor negotiator is authorized to institute legal proceedings to prevent employees from continuing to engage in practices prohibited by or in violation of Wis. Stat. Ch. 111, and to enforce any ordinance or resolution by the Village Board relative to agreements reached at the conclusion of collective bargaining procedures as provided for in this subsection.

(f) Public hearing. Recognized Village employees' organizations shall submit their requests to the Village Board, which shall refer these matters to the Personnel Committee. The Personnel Committee may then conduct a public hearing on the requests, and all interested persons may appear and state their views thereon.

(g) Employees excluded from recognized bargaining units. The Personnel Committee shall annually review the wages, hours and conditions of employment of all employees not represented by recognized Village employee organizations and submit its recommendations to the Village Board each year for the following year.[2]

[2] Editor's Note: Former Subsection (1)(e), Industrial Park and Business Promotion; and (f), Revitalization Committee, as amended 1-22-1996 by Ord. No. 328; which immediately followed this subsection, were repealed 10-11-2004 by Ord. No. 461.

(5) Heritage District Design. This Committee shall be comprised and have the powers and duties set forth in § 245-27 of this Municipal Code.

[Added 6-11-2012 by Ord. No. 589]

B. Composition of committees. Each committee shall consist of not less than three members, at least one of whom shall be a Trustee, except that the Personnel Administration and Insurance Committee shall have at least two Trustees in their membership. The Chairman of the committees shall be designated by the Village President. Each member shall serve as appointed, unless excused by a majority of the members of the Board.

§ 76-12 Publication and effective date of ordinances.

A. All general ordinances of the Village and all regulations imposing any penalty shall be published in the official paper of the Village once, pursuant to Wis. Stat. § 61.50, and shall be immediately recorded with the affidavit of publication by the Village Clerk in a book kept for that purpose. A printed copy of such ordinance or resolution 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 the day after passage and publication unless otherwise provided, pursuant to Wis. Stat. § 61.50; and published copies thereof shall have appended the date of first publication.

§ 76-13 Amendment of rules.

These rules 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 two-thirds of all the members of the Board.

§ 76-14 Suspension of rules.

These rules or any part thereof may be temporarily suspended in connection with any matter under consideration by a recorded vote of two-thirds of the members present.

§ 76-15 Receipt of gifts and gratuities prohibited.

A. No employee or official shall receive or offer to receive, either directly or indirectly, any gift, gratuity or other thing of value which he is not authorized to receive from any person if such person:

(1) Has or is seeking to obtain contractual or other business or financial relationships with the Village or Village Board;

(2) Conducts operations or activities which are regulated by the Village or Village Board; or

(3) Has interests which may be substantially affected by the Village or Village Board.

B. The receipt of any gift, gratuity or other thing of value as denoted above is contrary to the public policy of the Village and shall be punishable as provided in Wis. Stat. § 946.12. Such conduct shall also be punishable under Chapter 1, Article II, of this Municipal Code.

§ 76-16 Costs of special meetings of authorities, boards, committees and commissions.

[Amended 6-10-2002 by Ord. No. 423; 1-23-2006 by Ord. No. 489]

A. In every instance where any Village authority, board, committee or commission is requested by a petitioner to meet in special session for the purpose of considering requests and considerations from such petitioner at a time or day other than what would otherwise be a regularly scheduled meeting of such authority, board, committee or commission, and where the authority, board, committee or commission does so meet at the request of such petitioner, then the actual cost of such a meeting shall be the responsibility of the petitioning party and shall be paid in advance by the petitioning party.

B. The cost shall consist of: the total of all payments to authority, board, committee or commission members, the Village Clerk, and any other Village employee receiving pay due to a requirement for attendance, along with the FICA/Medicare payment made by the Village for such payments; the fees paid to the Village Attorney, the Village Engineer, any inspector and/or the Planner when their attendance is required; and the cost of publication, postage/copies/envelopes, service of process, or other notice expenses incurred by the Village.

C. The petitioner shall file a request for the special meeting with the Village Clerk not less than seven days prior to the date for which the meeting is requested, and shall submit all required documents and exhibits at that time.

D. The petitioner shall prepay to the Village Clerk the sum of $400 at the time of the request for the special meeting, and if the deposit is not paid the meeting shall not be scheduled. The Clerk shall determine the actual cost of the meeting within 10 days after the conclusion of the meeting and shall refund to the petitioner any balance remaining on deposit, or shall bill the petitioner for the balance over and above the amount of the deposit, in a timely manner. The petitioner shall be responsible for the cost of the meeting regardless of the outcome thereof. If the meeting is not held, the petitioner shall be refunded any costs not incurred.

E. The cost of such special meeting shall be in addition to the fee set forth for any application required by this Municipal Code; provided, however, that if the special meeting is called for the purpose of holding a public hearing for a conditional use permit, a credit of $60 shall be granted against the cost of the special meeting, at the time the Clerk calculates the final cost of the meeting, for publication, notice to abutting owners and attorney fees included in the fee for such permit.