[HISTORY: Adopted by the Village Board of the Village of
Clyman as Title 2, Ch. 2, of the 1998 Village Code of Ordinances.
Amendments noted where applicable.]
The Trustees of the Village of Clyman 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, number. The Village of Clyman shall have four Trustees
in addition to the President, who is a Trustee by virtue of his/her
office as President. The four Trustees shall constitute the Village
Board. Two 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 election.
B.
Duties. The Village President shall by virtue of his/her 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.
The Village President 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.
Committees-of-the-whole; special committees.
(1)
The Village President shall designate the chairperson of appointed
committees, subject to Board confirmation. All committee appointments
shall be subject to confirmation by a majority vote of the Board.
(2)
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.
(3)
The Village President may, from time to time, appoint such special
committee or committees as he/she 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.
B.
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 in 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.
C.
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.
D.
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 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.
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.
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.
A.
Regular meetings. Regular meetings of the Village Board are normally
held on the fourth Monday of each calendar month. When the Village
Board designates a date and time for the regular Board meeting, notice
thereof shall be posted at the Clyman Village Hall in the Village
of Clyman prior to such meeting date. All meetings of the Board shall
be held at the Clyman Village Hall, 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.
B.
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 24 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. However, an emergency meeting may be called with
notice of a minimum of two hours. 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 Ch. 19, Subch. 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. Nongovernmental parties
requesting a special meeting of the Village Board shall be required
to pay a fee of $400 for such meeting.[1]
A.
Open Meeting Law compliance. All meetings of the Village Board and
subunits thereof shall be open to the public as provided in Subchapter
V of Chapter 19, §§ 19.81 through 19.89, Wis. Stats.
Public notice of all such meetings shall be given as provided in § 19.84,
Wis. Stats.
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.
A majority of the 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
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. In the absence of the Village
President, the President Pro Tem shall preside over meetings of the
Village Board. 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.
B.
Senior trustee. The Trustee with the longest tenure on the Village
Board shall preside over meetings of the Village Board in the absence
of the Village President.
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.
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 a Clerk-Treasurer
no later than 12:00 noon 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 12:00 noon 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 shall be observed
in the conduct of all regular Board meetings:
C.
Recognition of visitors. In order to maintain and hold meetings in
an orderly fashion the following procedure will be followed regarding
visitors unless having previously made a request to be placed on the
agenda for a specific item:
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 handing, the Clerk-Treasurer
shall assure that an editorial note is prepared showing compliance
with such special handing.
(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
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.
Effective date. Unless otherwise provided, all ordinances shall take
effect and be in force from and after passage and publication; and
published copies thereof shall have appended the date of first publication.
E.
Disposition of petitions, communication, 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.
F.
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 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, either in their entirety or as a notice
as provided in § 61.50(1), Wis. Stats., in the official
paper of the Village once or legally 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. 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. Any Trustee may demand
a vote on any matter. The Clerk-Treasurer shall call for the ayes
and noes on roll call votes in continuous rotation, beginning each
roll call one name further down the roster of trustees. The Clerk-Treasurer
shall record the ayes and noes on each vote.
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:
(1)
No Trustee shall address the Board until he has been recognized by
the presiding officer. He shall thereupon address himself to 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 the 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:
(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 "naye." 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 the vote on any question at that meeting or the next succeeding
regular meeting, except those which cannot be reconsidered pursuant
to Robert's Rules of Order, Revised. A Trustee may not change
his/her vote on any question after the result has been announced,
except at a subsequent Board reconsideration.
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.
