[HISTORY: Adopted by the Village Board of
the Village of Waterford as Chapter 2 of the 1998 Code. Amendments
noted where applicable.]
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.
[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).
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.
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.
A.
The business of the Board shall be conducted in the
following order:
(1)
Call to order by presiding officer.
(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]
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.
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.
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.
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.
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.
[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.
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.
(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.
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.
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.
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.
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.
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.
[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.