[HISTORY: Adopted by the Bellevue Board 4-15-1998 as § 1.10 and Ch. 2 of the 1998 Code. Amendments noted where applicable.]
Powers and duties.
Village President. See § 61.24, Wis. Stats.
Village Board. The Village Board shall have all powers of the Village not specifically given to some other body or officer. Except as otherwise provided by law, the Village Board shall have the management and control of the Village property, finances, highways, streets, utilities and the public service and may 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, regulations, suppression, borrowing, taxation, special assessment, appropriation, imposition of forfeitures and other necessary or convenient means. The Village Board may appoint such officials from time to time as may be deemed necessary for the benefit of the community. In addition, the Village Board shall have the powers enumerated in § 61.34, Wis. Stats. The powers hereby conferred shall be in addition to all other grants and shall be limited only by express language.
Order and decorum, deliberations of the Board and decisions on all questions of order and conduct in the proceedings of Village meetings shall be in accordance with the parliamentary rules contained in Robert's Rules of Order, newly revised, unless otherwise provided by statute or these rules. No person other than a member shall address the Board, except by permission from the President. No ordinance, resolution or other motion shall be discussed or acted upon unless it has been seconded. No motion shall be withdrawn without the consent of the person making the same and the person seconding it.
Open Meeting Law requirements. Notice of every meeting of the Village Board, and every board, commission and committee thereof, shall be given to the public, to those news media who have filed a written request for such notice and to the official newspaper or a news medium likely to give notice in the area at least 24 hours prior to commencement of the meeting. If such notice is impossible or impractical, shorter notice may be given for good cause shown, but no notice shall be given less than two hours in advance of the meeting. Every public notice of a meeting shall contain the time, date, place and subject matter of the meeting. See § 19.84, Wis. Stats.
Regular meetings. Regular meetings of the Village Board shall be held on the second and fourth Wednesday of each calendar month at 6:30 p.m. Regular meetings interfering with a legal holiday shall be held on such day and at such time and place as agreed by the Village Board. Prior notice to the public in compliance with the provisions of Subsection A of this section shall be provided whenever a regular meeting is not held on the usual day.
Special meetings. Special meetings of the Village Board may be called by the Village President or by any three Village Trustees by filing a request with the 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. No business shall be transacted at a special meeting except for the purpose stated in the notice thereof. Anything to the contrary herein notwithstanding, no meeting shall be held unless notice thereof shall have been given as provided in § 19.84, Wis. Stats.
Place of meetings. All meetings of the Village Board, including special and adjourned meetings, shall be held in the Village Hall unless otherwise designated by the Board. Notice of a change of place shall be posted at the Village Hall at least 24 hours prior to the meeting.
Quorum. Any three Trustees shall constitute a quorum for the transaction of business, but a lesser number may adjourn from time to time or compel the attendance of the absent members.
Meetings to be public. All meetings of the Village Board and subunits thereof shall be open to the public as provided in §§ 19.81 to 19.98, Wis. Stats. Public notice of all such meetings shall be given as provided in § 19.84, Wis. Stats.
[Amended 6-13-2001; 4-9-2003; 5-24-2006; 8-8-2007]
The business of the Village Board at its regular meetings shall be conducted in the following manner:
Call to order by presiding officer.
Pledge of Allegiance.
Roll call. If a quorum is not present, the meeting shall thereupon adjourn, which may be to a specified date.
Consent agenda. All items listed under consent agenda are considered to be routine and noncontroversial by the Village Board and will be approved in one motion. There will be no separate discussion. If discussion is desired by members, that item will be removed from the consent agenda and discussed separately immediately after consent agenda approval.
Public hearings/act on public hearings.
Brown County report.
Matters to be placed on next agenda.
Control of meeting. The Village President shall preserve order and conduct the proceedings of all meetings and hearings, whether on petition or regular or special meetings. A member may appeal from the decision of the presiding officer. Such appeal is not debatable and shall be sustained by a majority of the members present, exclusive of the presiding officer.
Absence of President. If the Village President is absent at any meeting, the Clerk-Treasurer shall call the meeting to order and preside until the Board selects a Trustee to preside for that meeting. The Clerk-Treasurer shall not vote on any issue before the Board.
Presiding officer to vote. The presiding officer shall vote as a Trustee on all questions properly before the Board. He may make or second motions before the Board.
Committee appointments. The Village President shall designate and appoint all members of any standing and special committees established by the Village Board. All committee appointments shall be subject to confirmation by a majority vote of the Village Board.
Committee reports. Each committee shall at the next regular meeting submit a written report on all matters referred to it. Such report shall recommend a definite action on each item and shall be signed by a majority of the committee. Any committee may require any Village officer to confer with it and supply information in connection with any matter pending before it.
Unless requested by a Trustee before final vote is taken, no ordinance, resolution or bylaw need be read in full. Any ordinance, resolution or bylaw may be adopted by the Village Board at the same meeting it was introduced by a majority vote of all the Village Trustees.
These rules or any part thereof may be temporarily suspended in connection with any matter under consideration by a recorded vote of 2/3 of the members present.
The proposed Village ordinance should be prepared in writing.
The proposed Village ordinance should be carefully drafted, edited and revised, if possible, by the appropriate Village committees, the appropriate Village officers and, finally, the Village Board. If necessary, the Village Attorney should be asked by the Village Board to review, draft, edit and comment upon the proposed ordinance.
The proposed Village ordinance may, prior to enactment, have a public hearing. This hearing should allow for discussion on the ordinance and to allow the Village to meet constitutional requirements for hearings and due process.
The proposed Village ordinance should be enacted at a lawfully noticed public meeting of the Village Board.
The proposed Village ordinance shall be enacted by a majority vote of a quorum of the Village Board present and voting at the time of the enactment of the ordinance. If certain Village Board members decline to vote, the record should note the abstention and the reasons for abstention. All members, unless absent or in abstention, including the Village President, shall vote on the ordinance.
The proposed Village ordinance should be only enacted when the enactment of the ordinance was a lawfully noticed item of business on the lawfully established and published written agenda of the Village Board.
The proposed Village ordinance, at time of enactment, should advisably contain:
The title of the ordinance.
An intent or purpose clause describing the intent or purpose of the ordinance.
A statutory authority clause describing the general or specific statutory authority for the Village Board to enact the ordinance.
A definition section.
The body of the document, including exceptions to coverage under the ordinance, including the procedural process to be followed under the ordinance and including any applicability provisions that describe specific items covered by the ordinance.
The enforcement and penalties provision.
The effective date and the termination date, if any.
The date of publication or posting.
The proposed Village ordinance should be enacted by a motion to enact, a second to the motion, discussion on the ordinance and then a roll call vote of the Village Board. Amendments to the ordinance should be in written form and should be offered for enactment prior to enactment of the final ordinance.
The Village ordinance, once enacted, should be signed, attested, certified and dated by the Village Clerk-Treasurer.
The Village ordinance, once enacted, attested, signed and dated, shall be published by the Village pursuant to § 61.50, Wis. Stats., unless no penalty provision exists, in which case it must be either published or posted in at least three usual and customary places in the Village likely to give notice to the public.
The Village ordinance, once enacted, attested, signed, dated and published, shall have the affidavit of publication or posting attached to it.
The Village ordinance, once enacted, attested, signed, dated and published, shall be recorded in the ordinance record book pursuant to § 889.04, Wis. Stats.
In lieu of publication, under § 61.50, Wis. Stats., the Village Board, under § 66.0103, Wis. Stats., may adopt a code book and publish the ordinance adopting the code. Filing of the ordinance with the code in the office of the Village Clerk-Treasurer not less than two weeks before adoption must occur.
The Village ordinance, once enacted, pursuant to § 61.50, Wis. Stats., shall be effective the day after publication or the day after posting or at a later date, if the later date is expressly so provided in the ordinance.
The Village ordinance, once enacted by the Village Board, if the ordinance imposes a forfeiture, shall be published and not posted pursuant to § 61.50, Wis. Stats.
Following enactment of the Village ordinance, if the ordinance is posted, the Village Clerk-Treasurer shall sign an affidavit attesting that the item was posted as required by § 61.50, Wis. Stats., and the affidavit shall state the date and places of posting. This affidavit shall be filed with other records under the jurisdiction of the Village Clerk-Treasurer.