Village of Mazomanie, WI
Dane County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Mazomanie 6-28-1988 as Title 2, Ch. 2 of the 1988 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Emergency government — See Ch. 42.
Code of Ethics — See Ch. 50.
Government and elections — See Ch. 62.
Officers and employees — See Ch. 94.

§ 132-1 Composition and powers.

The Trustees of the Village of Mazomanie 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.

§ 132-2 Trustees.

A. 
Election, term and number. The Village of Mazomanie shall have six Trustees in addition to the President, who is a Trustee by virtue of his or her office as President. The President and 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. Members of the Village Board shall be residents of the Village at the time of their election and during their terms of office.
B. 
Appointment as President. A Village Trustee shall be eligible for appointment as Village President to fill an unexpired term.

§ 132-3 President.

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 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.

§ 132-4 Standing and special committees.

[Amended 4-28-1998; 3-11-2014 by Ord. No. 2014-2]
A. 
Committee appointments. At the organizational meeting of the Village Board, the Village President shall appoint Trustees to each of the standing committees listed in Subsection B below.
(1) 
All committee appointments shall be subject to confirmation by a majority vote of the Board.
(2) 
All Trustees shall serve on at least one standing committee. Standing committees shall consist of three trustees.
(3) 
The Village President may declare the entire Board a committee of the whole and shall be chairman of that committee.
(4) 
Special committee(s) may be created by order of the President or by resolution of the Board, to perform the specific tasks set forth in the order or resolution creating such committee. The order or resolution creating the committee shall specify the number of members thereof, and shall make all appointments thereto. Appointments to the special committee are subject to the requirements of this § 132-4, where applicable.
(5) 
The Village President may appoint a special committee or committees, as the President 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 the committee.
(6) 
Each committee shall, by majority vote, determine the chair of that committee.
B. 
Standing committees. The standing committees of the Village Board shall be as follows:
(1) 
Finance Committee. The Finance Committee shall:
(a) 
Review annual budget recommendations forwarded by the several boards and committees and the Clerk-Treasurer for public hearing and approval by the Village Board.
(b) 
Review and recommend requests for nonbudgeted or emergency expenditures.
(c) 
Review and recommend to the Clerk-Treasurer or to the Board action on insurance coverage and risk-management programs.
(d) 
Review all bills prepared in advance of Board meetings and recommend to the Board approval for payment.
(e) 
Consider any other matters which may be referred to it by the Board.
(2) 
Personnel Committee. The Personnel Committee shall:
(a) 
Review and recommend to the Board changes in Village personnel policies and administrative procedures.
(b) 
Review and interview applicants and recommend to the Board the hiring or dismissal of permanent and seasonal employees.
(c) 
Assist in the resolution of disputes and grievances between employees or with the Village.
(d) 
Evaluate the performance of all employees and recommend to the Board wage and benefit levels.
(e) 
Consider any other matters which may be referred to it by the Board.
(3) 
Public Protection and Ordinance Committee. The Public Protection and Ordinance Committee shall:
(a) 
Advise the Board on the operation of the Emergency Medical Services (EMS) and Fire Department and assist in the preparation of the annual budgets of the EMS and Fire Department.
(b) 
Review, recommend and assist in the maintenance of a plan to alleviate the effects of natural disasters and other emergencies requiring Village action.
(c) 
Serve as the Board of Health unless such a board is specifically created by the Village Board.[1]
[1]
Editor's Note: See § 15-2, Board of Health.
(d) 
Consider and propose to the Board revisions in all Village ordinances.
(e) 
Consider any other matters which may be referred to it by the Board.
(4) 
[2]Public Works and Properties Committee. The Public Works and Properties Committee shall:
(a) 
Maintain an accurate evaluation of the current condition of all Village streets and sidewalks and all public buildings not associated with Village parklands and open spaces.
(b) 
Review and recommend to the Board all expenditures, capital improvement programs, and policies related to all Village streets and sidewalks and all public buildings not associated with Village parklands and open spaces.
(c) 
Assist in the preparation of the annual budget for all Village streets and sidewalks and all public buildings not associated with Village parklands and open spaces.
(d) 
Consider any other matters which may be referred to it by the Board.
[2]
Editor's Note: Former Subsection A(4), Public Utilities Committee, was repealed 9-22-2015 by Ord. No. 2015-2. This ordinance also provided for the renumbering of former Subsections A(5) and (6) as Subsections A(4) and (5), respectively. See now § 15-9, Public Utilities Committee.
(5) 
Parks and Recreation Committee. The Parks and Recreation Committee shall:
(a) 
Maintain an accurate evaluation of the current condition of all Village parklands and open spaces, including their facilities, buildings, and equipment.
(b) 
Review and recommend to the Board all expenditures, capital improvement programs, and policies related to all Village parklands and open spaces, including their facilities, buildings, and equipment.
(c) 
Assist in the preparation of the annual budget for all Village parklands and open spaces, including their facilities, buildings, and equipment.
(d) 
Working with community volunteers or organizations, develop, coordinate, and provide for the administration of a recreation program and budget for Village Board approval.
(e) 
Consider any other matters which may be referred to it by the Board.
C. 
Committee reports. Each committee shall at the next regular Board meeting submit 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.
D. 
Conferral requests; right to address committee.
(1) 
Any committee may request any Village officer or employee to confer with it and supply information in connection with any matter pending before it.
(2) 
No person other than a committee member shall have the right to address the committee except:
(a) 
If the proceeding before the committee is a public hearing where comments are to be received; or
(b) 
As may be authorized by the committee chair or a majority of the committee members, in the chair's or committee's reasonable discretion.
(3) 
Trustees who are not members of the committee shall have the right to address the committee on any matter pending before such committee

§ 132-5 General powers.

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-treasurer. 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 section 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.

§ 132-6 Cooperation with other municipalities.

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.

§ 132-7 Salaries and compensation.

A. 
Salaries generally. The 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 an annual salary be paid the President and Trustees. Salaries heretofore established shall so remain until changed by ordinance and shall not be increased or diminished during their terms of offices.
B. 
Payment of Trustees and President.
(1) 
The Trustees of the Village Board and the Village President shall be paid an annual salary as set by the Village Board.
[Amended 12-8-2006 by Ord. No. 2006-2; 5-26-2015 by Ord. No. 2015-1]
(a) 
The Trustees of the Village Board and the Village President are allowed two unexcused absences annually without any loss of annual salary. The third unexcused absence will result in the annual salary being prorated. An "unexcused absence" includes anything not related to immediate family (defined as spouse, children, parents, and any other person residing in the household of the trustee), work, or medical reasons.
(b) 
The Trustees of the Village Board shall report any absence to the Village President. The Village President shall report his or her absence to the President Pro Tem.
(2) 
The Village President and each Trustee shall be paid the sum established by resolution for each special meeting of the Village Board actually attended by such Trustee or the Village President and for each meeting of a standing committee or other committee duly appointed by the Village President actually attended by such Trustee or the Village President. A Trustee or the Village President shall be entitled to such compensation pursuant to this subsection, regardless of whether the Village President or such Trustee is an appointed member of such committee, if the Trustee or Village President actually attended a substantial portion of such meeting and such meeting was an official, properly noticed meeting of the Village Board or a standing or other committee of the Village Board.

§ 132-8 Regular meetings; minutes.

A. 
Regular meetings. Regular meetings of the Village Board shall be held on the second and fourth Tuesday of each calendar month at 6:00 p.m. local time, except when the day so designated falls on a legal holiday or the day immediately preceding a legal holiday, in which case the regular meeting shall be held the preceding Tuesday 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 at least 24 hours 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 12-8-2006 by Ord. No. 2006-2; 9-22-2015 by Ord. No. 2015-3]
B. 
Annual organizational meeting. The Village Board shall hold an annual organizational meeting at its regular April meeting.
[Amended 12-8-2006 by Ord. No. 2006-2]
C. 
Board minutes. The Clerk-Treasurer shall keep a record of all Board proceedings and cause the proceedings to be published.

§ 132-9 Special meetings.

Special meetings of the Board may be called by the Village President or by two Trustees by filing a request with the Village Clerk-Treasurer at least 24 hours prior to the time specified for such meeting. The Clerk-Treasurer shall 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. The Clerk-Treasurer shall cause an affidavit 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 Ch. 19, Subchapter V, Wis. Stats. The Clerk-Treasurer shall give notice immediately upon the call for such meeting being filed with him.

§ 132-10 Open meetings; adjournment of meetings.

A. 
Open Meeting Law compliance. All meetings shall be open to the public, unless falling within a lawful exception of the Wisconsin Open Meetings Law.[1]
[1]
Editor's Note: See §§ 19.81 to 19.98, Wis. Stats.
B. 
Adjournment of meetings. Regular sessions of the Village Board may be adjourned from time to time for later reconvening. Any regular session of the Board may be adjourned for later reconvening as many times as the Board may determine to be necessary, advisable or convenient. Said adjournment may be made for a new reconvening time later in the same day or in a subsequent day. Any such adjournment may provide for reconvening at the same place or another place. 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. 
Meeting always 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 provision 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.

§ 132-11 Quorum.

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 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 proceed to call the roll in alphabetical order, 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.

§ 132-12 Presiding officers.

A. 
The Village President shall preside. Village President shall preside over meetings of the Village Board. In the absence of the Village President, the President Pro Tem shall preside. In case of absence of the Village President and 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 Pro Tem.
B. 
President Pro Tem. The Village Board at its first meeting subsequent to the regular election and qualification of new members shall, after organization, choose from its members a President Pro Tem who in the absence of the President shall preside at meetings of the Board and during the absence or inability of the Village President shall have the powers and duties of the Village President, except that he shall not have power to approve an act of the Board which the Village President has disapproved by filing objections with the Clerk-Treasurer.
C. 
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 these rules. 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. In the absence of the Clerk-Treasurer and Deputy Clerk-Treasurer, the presiding officer shall appoint a Clerk-Treasurer Pro Tem.

§ 132-13 Order of business.

A. 
At all meetings, the following order shall be observed in conducting the business of the Village Board:
(1) 
Call to order by presiding officer.
(2) 
Roll call. (If a quorum is not present, the meeting shall thereupon adjourn, which may be to a specified date.)
(3) 
Reading, correcting and approval of the minutes of the last preceding meeting or meetings and approval of agenda.
(4) 
Appearances.
(5) 
Old or unfinished business.
(6) 
New business.
(7) 
Committee reports.
(8) 
Adjourn.
B. 
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.

§ 132-14 Introduction of ordinances; disposition of communications.

A. 
Ordinances to be in writing. All ordinances or bylaws submitted to the Board shall be in writing and shall include at the outset a brief statement of the subject matter and a title and shall be referred to the appropriate committee by the President. The committee shall report back to the Board on the matter at the next Board meeting. Resolution shall be in writing at the request of one Trustee; such request shall be nondebatable. Unless requested by a Trustee before a final vote is taken, no ordinance, resolution or bylaw need be read in full.
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.
(1) 
The Village Board may take action on an ordinance only if it appears on the written agenda for meeting at which action is requested.
(2) 
Ordinances will be placed on the agenda for Board action only if they are submitted to the Village Clerk-Treasurer in written form a minimum of five days prior to the meeting at which action is requested.
D. 
Disposition of petitions, communication, etc. Every petition or other writing of any kind 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 the Clerk-Treasurer or such other Village officer to the Village President or to the presiding officer of the Board as soon as convenient after receipt of the same and, in any event, prior to or at the opening of the next meeting of the Village Board following the receipt of the 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.

§ 132-15 Publication and effect 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 or posted according to state law and shall be immediately recorded, with the affidavit of publication, by the Village Clerk-Treasurer in a book kept for that purpose. 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 thereof, unless otherwise provided.

§ 132-16 Conduct of deliberations.

A. 
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. 
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, or the President, and the Village Clerk-Treasurer shall call the roll in alphabetical order, and the Village Clerk-Treasurer shall call the roll starting with "A" and then in alphabetical order one time and then starting with "Z" and in reverse alphabetical order the next time.
C. 
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 has been recognized by the presiding officer. He shall thereupon address himself to the Board and confine his 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 the 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 to adjourn; to lay on the table; the previous question; to postpone to a certain date; to refer to a standing, select or special committee; to amend; and to postpone indefinitely, and these several motions shall have precedence in the order in which they stand.

§ 132-17 Reconsideration of questions.

When a question has been once decided, any member of the majority or, in case of a tie, any member voting in the affirmative may move a reconsideration thereof, but if a motion to reconsider is made on a day subsequent to that on which the ordinance question was decided, a vote of the majority of the entire Board shall be required to sustain it.

§ 132-18 Disturbances and disorderly conduct.

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 guilty of such disorderly conduct except the Trustees.

§ 132-19 Amendment of rules.

The rules of this chapter 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 2/3 of all the members of the Board.

§ 132-20 Suspension of rules.

These rules shall not be suspended except by a two-thirds vote of all the members of the Board.