[HISTORY: Adopted by the Village Board of the Village of
Benton as Title 2, Ch. 2, of the Benton Code of Ordinances. Amendments
noted where applicable.]
The Trustees of the Village of Benton shall constitute the Village
Board. The Village Board shall be vested with all the powers of the
Village not specifically given to some other officer, as well as those
powers set forth elsewhere throughout this Code.
A.
Election, term, number. The Village of Benton shall have six Trustees
in addition to the President, who is a Trustee by virtue of his or
her office as President. The six 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.
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 Village Board, have
a vote as Trustee, and sign all ordinances, rules, bylaws, regulations
and commissions adopted or authorized by the Village Board and all
orders drawn on the treasury. He or she 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 or she shall deem necessary, who for the
time being shall possess all the powers and rights of constables.
A.
Committee appointments. The following standing committees of the
Village Board shall be appointed by the Village President, subject
to confirmation by the Village Board. 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
Village Board action. Three Trustees shall be appointed to each standing
committee:
(1)
Personnel Committee.
(2)
Finance Committee.
(3)
Police Committee.
(4)
Parks and Buildings Committee.
(5)
Streets Committee.
(6)
Electric Committee.
(7)
Sewer Committee.
(8)
Water Committee.
(9)
Disposal Committee.
(10)
Planning and Zoning Committee.
(11)
Such special committees or task forces as deemed necessary by the
Village Board.
B.
Chairpersons; committees of the whole; special committees.
(1)
The chairperson of standing committees and all committee appointments
shall be subject to confirmation by a majority vote of the Village
Board.
(2)
All Trustees shall serve on at least one standing committee if appointed.
The Village President shall be an ex officio member of each standing
committee, or may be appointed to serve as a member of a specific
committee.
(3)
The Village President may declare the entire Village 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.
(4)
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 Village 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
Village Board meeting unless reappointed by the Village President
or extended by the Village Board.
C.
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 Village 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 Village Board with the issue.
(3)
If a committee member in a particular committee disagrees with the
position taken by the committee on an issue, such member may address
the Village Board with the minority position. The Village Board shall
permit one committee member supporting the majority position equal
time to address the Village Board on such issue.
D.
Ambiguity of committee authority. In case of ambiguity or apparent
conflict between the preceding definition of committee authority and
a definition, in these ordinances, of the authority of a Village officer,
employee, board, or association, the latter shall prevail.
E.
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 Village
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.[1]
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 of Ordinances 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.
The Village Board has the power to preserve order at its meetings.
Members of the Village Board shall be residents of the Village at
the time of their election and during their terms of office.
[Amended 1-19-2005; 12-7-2011 by Ord. No. 11-002; 9-17-2014 by Ord. No. 2014-01]
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 shall
be reviewed on a semiannual basis. Salaries heretofore established
shall so remain until changed by ordinance and shall not be increased
or diminished during their terms of office.
A.
Village President: annual base salary of $1,500 for performing the
duties of Village President.
B.
Village Trustees: annual base salary of $625 for performing the duties
of Village Trustee.
C.
Proration: A Village President or Village Trustee that does not serve
the full year of any term will be paid a pro-rata share of the appropriated
above-listed annual salary.
D.
Meeting per diems:
(1)
Village President: $60 for each regular and $20 for each special
or committee meeting will be paid to the Village President.
(2)
Village Trustees: $30 for each regular and $20 for each special or
committee meeting will be paid to Village Trustees.
(3)
Attendance of at least 75% of the meeting is required to collect
per diem.
E.
Payment of per diems and salary will be paid annually during the
month of April after the above-mentioned services have been rendered.
A.
Regular meetings. Regular meetings of the Village Board shall be
held the third Wednesday of each month at 6:30 p.m., except when the
day so designated falls on a legal holiday, in which case the regular
meeting shall be held on the following non-holiday day. When the Village
Board designates a date and time for the regular Village Board meeting,
notice thereof shall be posted at the Benton Village Office and in
the official Village newspaper prior to such rescheduled meeting date.
All meetings of the Village Board shall be held in the conference
room of the Benton Business Incubator at 244 Ridge Avenue, 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.
[Amended 9-15-2004 by Ord. No. 2004-006; 3-17-2010 by Ord. No.
2010-002]
B.
Annual organizational meeting. The Village Board shall hold an annual
organizational meeting no sooner than the third Tuesday of April or
no later than the third Monday of May following the spring election
for the purpose of organization. This meeting may be held in conjunction
with a regular Village Board meeting.
[Amended 9-15-2004 by Ord. No. 2004-006]
C.
Village Board minutes. The Village Clerk-Treasurer shall keep a record
of all Village Board proceedings and cause the proceedings to be published.
A.
Special meetings of the Village 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 or her usual place of abode, or the Trustee shall be
notified by telephone to obtain a copy of the meeting notice from
the Village office, a minimum of 24 hours prior to the meeting time.
However, an emergency meeting, as defined in Ch. 19, Wis. Stats.,
may be held upon two hours' legal notice. 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
Ch. 19, Subch. 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.
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
Village 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.
A majority of 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 proceed to call the roll, noting
who are present, and who are 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. Village President shall preside
over meetings of the Village Board. At the Village Board's annual
organizational meeting, the Trustees present shall elect one of their
number President Pro Tem.
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 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.
A.
Agenda.
(1)
The order of business at all regular or special meetings shall be
according to the agenda prepared by the Village Clerk-Treasurer. All
matters to be presented at a Village Board meeting shall be filed
with the Village Clerk-Treasurer no later than 12:00 noon on the Friday
preceding the scheduled regular Village Board meeting to enable the
Village Clerk-Treasurer to prepare the agenda and all attachments
and distribute the same to the Village Board. Matters filed after
12:00 noon on the Friday preceding the Village Board meeting will
not be placed upon the agenda. The Village President may waive the
filing deadline for an 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 Village 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 Village 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 Village Board meetings:
(1)
Call to order.
(2)
Roll call.
(3)
Report by the Village Clerk-Treasurer.
(4)
Reading, correction, and approval of minutes from the previous regular
meeting.
(5)
Hear citizens requesting to address the Board.
(6)
Communications and consultant reports.
(7)
Report of Village employees.
(8)
Committee reports.
(9)
Unfinished business from previous meeting.
(10)
New business.
(11)
Payment of claims.
(12)
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; resolutions. All ordinances shall be prepared as follows:
(1)
Each ordinance shall include a note stating the purpose thereof prepared
by the sponsor. All ordinances submitted to the Village 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 Village President,
one or more Trustees, or a committee, board, or commission. The Village
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)
On ordinances that require special handling, the Village Clerk-Treasurer
shall assure that an editorial note is prepared showing compliance
with such special handing.
(4)
The Village Clerk-Treasurer may reject any ordinance from placement
on the agenda which fails to comply with this section.
(5)
Resolutions shall be in writing at the request of one Trustee; such
request shall be nondebatable.
(6)
Unless requested by a Trustee before a final vote is taken, no ordinance,
resolution or bylaw need be read in full.
(7)
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
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 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 such other Village officer to the Village
President or to the presiding officer of the Village 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
Village 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 Village Board.
E.
Reference and reports. The presiding officer may refer new business
coming to the Village Board to the appropriate Village 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 Village Board meeting. Village Board
motions based upon committee or commission action is permissible only
on items specifically on the agenda.
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
by the Village Clerk-Treasurer in a book kept for that purpose and/or
the Village Code of Ordinances. 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.
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)
On confirmation and on the adoption of any measure assessing or levying
taxes, appropriations or disbursing money or creating any liability
or charge against the Village or any fund thereof in excess of $10,000.
(3)
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 or the President. The Village
Clerk-Treasurer shall call the roll in an order that shall rotate
with each meeting; however, the Village President shall always vote
last.
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, Revised (1984),
which is hereby incorporated by reference, unless otherwise provided
by ordinance or statute, except when otherwise limited or modified
by this Code of Ordinances:
(1)
No Trustee shall address the Village Board until he or she has been
recognized by the presiding officer. He or she shall thereupon address
himself or herself to the Village Board and confine his or 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 Village Board except
under order of business, except the citizens may address the Village
Board with permission of the presiding officer as to matters which
are being considered by the Village 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; to postpone indefinitely; 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 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 can not be reconsidered pursuant
to Robert's Rules of Order, Revised.
Whenever any disturbance or disorderly conduct shall occur in
any of the meetings of the Village Board, the Village 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 Village Board.
