Town of Ledgeview, WI Article IV Meeting Rules and Procedures

§ 2-18 Commission and committee attendance.

A. Purpose. It is necessary for the proper functioning of Town committees and commissions for members of those bodies to attend meetings on regular basis. While perfect attendance is not a reasonable expectation, repeated and habitual absence of members of Town committees and commissions should not occur and represents an implicit statement that such members do not accept the responsibilities attendant to public service and may be deemed to have effectively vacated their office.

B. Attendance required. Members of any Town committee and commission are expected to be in attendance for each meeting of the body upon which they serve unless absence is caused by illness of the member or of someone in the member's household that requires the member's care, a death in the member's family or obligations dictated by the member's employer.

C. Vacation of office.

(1) Any member of a Town committee or commission who fails to attend any meeting of the committee or commission on which the member serves three times within any twelve-month period without having previously informed the chairperson of the reason for the absence under Subsection B above shall be deemed to have vacated the member's office, and a new member shall be appointed to serve the unexpired residue of the member's term consistent with the procedure applicable for filling vacancies on that body.

(2) Any member of a Town committee or commission who fails to attend any meeting of the committee or commission on which the member serves for three consecutive months for any reason shall be deemed to have vacated the member's office, and a new member shall be appointed to serve the unexpired residue of the member's term consistent with the procedure applicable for filling vacancies on that body.

§ 2-19 Town Board meeting procedures.

A. Purpose. The purpose of this section is to establish specific procedures for the actions of the Town Board in the operation of the Town.

B. Authority. The Town Board has the specific authority to adopt this Town Board Meeting and Parliamentary Procedure Ordinance under § 60.22(1), Wis. Stats., and common law and in accordance with §§ 60.20 and 19.81 to 19.98, Wis. Stats.

C. Town Board meetings.

(1) Meetings of Town Board, generally.

(a) All meetings of the Town Board, including any special and adjourned meetings, shall be on proper notice under § 19.84, Wis. Stats. The notice of any Town Board meeting shall include the open meeting agenda and shall be given at least 24 hours prior to the meeting of the Town Board, unless for good cause such notice is impossible or impractical, in which case shorter notice may be given, but in no case may the notice be provided less than two hours in advance of the meeting. The Town Chair, or his or her designee, shall be responsible for proper posting or publication of the meeting notice and agenda. No members of the Town Board shall be excluded from a meeting of the Town Board or any other meeting of any subunit of the Town, unless by court order, or unless under § 19.89, Wis. Stats., and the rules of the Town.

(b) All meetings of the Town Board, including any special or adjourned meetings, shall be held at the Town Hall, except that a different location may be designated by the Town Chair, or his or her designee, by giving proper written notice of the meeting and agenda, and of the substituted location, in conformance with § 19.84, Wis. Stats.

(2) Regular meetings of the Town Board. Regular meetings of the Town Board shall be held generally on the first Monday of each month at 6:00 p.m. and the third Tuesday of each month at 4:30 p.m.

(3) Posting locations. The customary posting locations for all notices, public hearings and agendas for the Town of Ledgeview will be posted in the vestibule of the Ledgeview Community Center located at 3700 Dickinson Road, De Pere, Wisconsin; and placed electronically on the internet J website that is maintained by the municipality.

[Amended 5-17-2022 by Ord. No. 2022-11]

D. Special meetings of the Town Board.

(1) A special meeting of the Town Board may be called by the Town Chair in writing with the written call for the special meeting of the Town Board filed with the Town Clerk at least 24 hours prior to the proposed special meeting of the Town Board, with the time specified in the written call for the special meeting. The Town Chair, or his or her designee, shall properly and timely give notice of the special meeting, including the meeting agenda.

(2) A member of the Town Board, other than the Town Chair, may request that a special meeting of the Town Board be called by filing with the Town Clerk in writing a request for the calling of a special meeting of the Town Board, designating the agenda item or items for the special meeting. Upon receipt of the request, the Town Clerk shall immediately cause the request for special meeting to be personally served upon the other members of the Town Board, including the Town Chair, along with a notice to each Town Board member that if any Town Board member other than the member requesting the special meeting, including the Town Chair, files a written authorization for the requested special meeting of the Town Board with the Town Clerk not later than 24 hours after receipt of the request for special meeting, a special meeting of the Town Board will be called. Upon receipt of a written authorization for a special meeting of the Town Board, the Town Clerk shall set a time for the special meeting not more than two business days thereafter and shall properly and timely give notice of the special meeting, including the meeting agenda.

(3) The Town Clerk, upon receipt of the written call for a special meeting of the Town Board, shall immediately notify, in writing, each member of the Town Board by delivering the written open meeting notice and agenda or by having the written open meeting notice and agenda delivered personally to each member of the Town Board. If any member of the Town Board cannot be personally notified in writing, the Town Clerk shall deliver or have delivered a copy of the written open meeting notice and agenda at the home of any such member of the Town Board in the presence of an adult member of the family of the Town Board member. If written notice of the special meeting cannot be served upon any member of the Town Board through an adult family member, the Town Clerk shall post the special meeting written notice in the places specified in Subsection C(3). The Town Chair, or his or her designee, shall be responsible for publishing notice of the agenda as required by law.

(4) The Town Clerk shall file proof of service of the special meeting notice by filing an affidavit noting the time, place, and location of authorized service of the special meeting notice upon the Town Board. If personal service upon any member of the Town Board of the Town was not completed, the Town Clerk shall state in the affidavit the type of service or written notice completed.

(5) Special meetings of the Town Board may be held without service and notice to Town Board members under Subsection D(2) and (3) when a quorum of members of the Town Board are present at a prior Town Board meeting at which oral notice of the special meeting is given or when a quorum of the Town Board members consent in writing to the holding of a future special meeting of the Town Board. Any consent by any member of the Town Board shall be noted on record by the Town Clerk prior to the beginning of any special meeting of the Town Board.

(6) No person other than a Town Board member may assert insufficient service upon a Town Board member under Subsections D(2) or (3) as the basis of any claim that any meeting or action of the Town Board is invalid. Appearance at the special meeting by a Town Board member shall act as waiver of any claim of insufficient service upon that member so long as the meeting is otherwise properly noticed.

(7) Special meetings of the Town Board, attended by a quorum of the members, shall be considered a regular meeting of the Town Board for the transaction of any Town business that may come before the Town Board if the business considered was so noted in the written meeting notice and agenda.

(8) The Town Board may, by majority vote, adjourn any special meeting of the Town Board from time to time to a specific date and hour. Notice of the adjourned meeting and agenda shall be posted in the same manner as all other meetings.

E. Quorum at roll call of meeting. If no legal quorum is present at the time of the initial roll call, the meeting of the Town Board shall be immediately adjourned to a specific date and hour by the members of the Town Board then present. At any time during a meeting when a legal quorum is not present, a motion to adjourn to a specific date and hour is proper.

F. Absence of Town Clerk at meeting. If the Town Clerk is not present at the time of the initial roll call of a meeting of the Town Board, the Town Chair shall appoint the Deputy Town Clerk or any other person present at the meeting to be the Town Clerk pro tem. The Town Clerk pro tem shall prepare and maintain minutes of the meeting of the Town Board. The Town Clerk pro tem shall deliver these minutes to the Town Clerk after the end of the meeting of the Town Board or when the Town Clerk pro tem is replaced during the meeting by the Town Clerk.

G. Absence of Town Chair at call to order of meeting. The presiding officer at the meeting of the Town Board is the Town Chair. If the Town Chair is not present at the time for the call to order, the senior member of the Town Board present, based on date of original election as a member of the Town Board, shall call the meeting of the Town Board to order, call the initial roll call, and preside as Town Chair until the Town Chair is able to preside at the meeting. If after the initial roll call the Town Board determines that the Town Chair will not be able to at any time preside at the meeting, the Town Board shall by motion elect an acting Town Chair for the meeting.

H. Vacation of Town Chair or presiding officer at meeting. If the Town Chair or any other presiding officer of the Town Board desires to speak on any question or to make any motion, the Town Chair or the presiding officer may speak or make a motion without vacating the chair or without designating a member of the Town Board to preside at the meeting as Town Chair pro tem.

I. Meeting in open session. Any meeting of the Town Board to exercise its responsibilities, authority, power, or duties shall be in open session and accessible to the public, except as provided in §§ 19.82, 19.83 or 19.85, Wis. Stats. All discussion shall be held and all action of any kind, formal or informal, shall be initiated, deliberated upon, and acted upon only in open session, except as provided in § 19.85, Wis. Stats.

J. Audit of accounts. The Town Board shall at each regular meeting be presented by the Town Clerk or Town Treasurer with the financial accounts of the Town for auditing and possible action by the Town Board. All accounts shall be filed with the Town Clerk at least seven days prior to the next meeting of the Town Board in order for the account to be presented by the Town Clerk at the upcoming meeting of the Town Board.

K. Receipts of funds. Any Town officer, Town employee, or agent of the Town in possession of funds or receipts or earnings of the Town shall deposit any such funds, receipts, or earnings with the Town Treasurer on at least a weekly basis unless approved otherwise by the Town Board. The Town Board shall be advised by the Town Treasurer on a monthly basis of any funds outstanding that have not been properly deposited with the Town Treasurer. All elected and nonelected Town officers and Town employees, within seven days of taking office, hiring, or rehiring, shall be informed of the requirements of this provision by the Town Treasurer; however, failure of the Town Treasurer to provide such information shall not absolve any officer, employee or agent from compliance with this subsection.

L. Specific rules of conduct at Town Board or Town meetings.

(1) Robert's Rules of Order. Unless other rules of conduct are specifically adopted and codified by ordinance by the Town Board, all meetings of the Town Board and of the Town Meeting shall be governed by Robert's Rules of Order, newly revised.

(2) Members to be recognized. The presiding officer of the meeting of the Town Board shall recognize any member of the Town Board prior to that Town Board member addressing the Town Board. At any Town Meeting, the presiding officer shall recognize any person at the Town Meeting prior to that person addressing the Town Meeting.

(3) Remarks to presiding officer. All members of the Town Board shall address all remarks to the presiding officer at any meeting of the Town Board. All persons addressing the Town Meeting shall address all remarks to the presiding officer of the Town Meeting.

(4) Speaking before Town Board. No person at a meeting of the Town Board being conducted in open session, other than the members of the Town Board, shall address the Town Board or any member of the Town Board, except when public comments are authorized on the meeting agenda, and then only with approval of the Town Chair or by majority vote of the Town Board. This provision shall not apply under the specific items of business listed on the meeting agenda to recognize members of any Town Office, Town committee, Town agency, Town commission, or a special board or other Town officers in an open meeting if the subject and content for discussion has been noted specifically on the meeting agenda.

(5) Order and decorum. The presiding officer at any Town Board meeting or Town Meeting shall maintain order and decorum. Any person who conducts himself or herself in a disorderly manner as determined by the presiding officer may be removed from the Town Board or Town Meeting by order of the presiding officer. The presiding officer may seek law enforcement assistance of the constable or other law enforcement officer for such removal until the meeting is adjourned.

(6) Town Meeting procedure. A Town Meeting, annual or special, shall follow the procedures set forth in § 60.14, Wis. Stats. All votes taken shall be by voice vote or by open ballot. All reconsideration of actions at the Town Meeting shall follow the procedure noted in § 60.14(4), Wis. Stats. All of the following apply to the conduct of a Town Meeting:

(a) The current Town Chair, if present, shall be the presiding officer of a Town Meeting. If the Town Chair is not present, another Town Supervisor shall preside at the meeting upon the vote of the meeting. If no Town Supervisor is present, the meetings shall nominate and elect the presiding officer of the meeting.

(b) The Town Clerk, Deputy Town Clerk, or an appointed clerk shall perform the duties of Clerk for the Town Meeting under § 60.15, Wis. Stats.

(c) The Town Meeting may require the Clerk to keep a poll list with the name and address of each elector voting at the meeting.

(7) Public comment period. When a public comment period is included in the agenda of a meeting of the Town Board, it shall be for the purpose of providing a forum for Town residents to bring information, issues and concerns to the attention of the Town Board for possible future discussion or action. Because meeting notices do not express the specific subject matter of public comments that may be raised during the public comment period, the Town Board finds that it is inconsistent with the spirit, if not the letter, of Wisconsin's Open Meetings Law to permit discussion or debate among the Town Board Supervisors or between Town Board Supervisors and members of the public during such periods. Further, in the interest of conducting orderly meetings and to ensure the Town Board can address Town business in a timely manner, the Town Board finds that it is important to establish rules for the conduct of public comment sessions when included in a Town Board meeting agenda. In addition to all other rules regarding the conduct of Town Board meetings, the following rules shall apply to the conduct of a public comment period at a Town Board meeting:

(a) Except as permitted in the discretion of the Town Board, public comments may be limited to topics which are not the subject of a topic listed on the meeting agenda. Public comments relating to items listed on the meeting agenda should be taken at the time the topic is addressed and only if the acceptance of public comments is approved by the Town Board.

(b) Speakers shall be limited to three minutes. The Town Board may increase or decrease the time limit whenever it deems appropriate in light of the subject matter and time available to conduct other business.

(c) The Town Board may end the public comment period at any time.

[1] To assist in the orderly conduct of the public comment period, the Town Chair may require speakers to register their intent to speak during the public comment period with the Town Clerk. Such registration shall be submitted on a form provided by the Town Clerk. Such form shall include the speaker's name and address. Speakers shall be called in the order the registration forms are received.

[2] To promote meeting efficiency and to enhance the purpose of the public comment period, repetitive comments raising no new issues or offering no new information are out of order.

[3] The Town Board shall not engage in any discussion or debate during the public comment period with members of the public or between Town Board Supervisors, nor shall the public comment period be used to question or obtain information from the Town Board or any Town Board Supervisor. Further discussion or debate on issues raised during public comments may only occur pursuant to a properly noticed agenda item at a future meeting. This prohibition shall not extend to any incidental exchanges conducted for the purpose of clarifying facts or to otherwise provide a better understanding of the issue presented. This subsection shall not be interpreted to limit discussions members of the public may have with any Town Board Supervisor or the Town Board Chair outside of a Town Board meeting.

M. Excused voting. For voting upon orders, motions, resolutions, ordinances, action items, business items, or any other question, all individual members of the Town Board present at the Town Board meeting shall vote when that individual Town Board member's name is called unless for special cause a Town Board member has been excused prior to the vote by an affirmative roll call vote of the remaining members or if the Town Board member states that he or she refuses to vote. No reason need be stated for a refusal to vote. Any member of the Town Board voting in the majority on any matter may move for reconsideration of the vote at the meeting at which the vote was taken. A motion to reconsider being proposed and then defeated shall not be renewed. No vote for rescission of any action shall be taken without majority vote of the Town Board, and then only if rescission of the action is an agenda item.

N. Motions stated. Prior to any debate on any matter, the members of the Town Board shall be entitled to a clear understanding of the motion before the Town Board. The person making the motion shall clearly state the motion. There shall be requested a second to any motion prior to any debate or discussion of the motion by the Town Board. Motions made in writing by a member of the Town Board and provided to the Town Clerk prior to the meeting shall be provided priority in the appropriate order of business. The Town Chair shall restate the motion prior to any debate and discussion. Any member of the Town Board, prior to a vote on the motion, may request that the motion and any amendments adopted to the motion be reduced to writing and submitted in writing to the members of the Town Board prior to the final vote on the matter. All votes on motions, resolutions, orders, and ordinances shall be recorded by Town Clerk or other agent of the Town Board.

O. Change of vote. No member of the Town Board may change his or her vote on any action item, business item, motion, or question after the final result has been announced by the presiding officer.

P. Priority matters. When any action item, business item, motion, or question is before the Town Board, no other action item, business item, motion, or question shall be in order, except any of the following:

(1) A motion to adjourn or recess the meeting;

(2) A motion to lay the question on the table;

(3) A motion to call the question;

(4) A motion to postpone the question to a date certain;

(5) A motion to refer the question to a standing committee or other committee;

(6) A motion to amend or divide the questions;

(7) A motion to postpone the question indefinitely; or

(8) A motion to introduce a matter related to the question.

Q. Motions with preferences. During any meeting of the Town Board, certain motions will have preference. In order of preference the items to be given preference are:

(1) Motion to adjourn. A motion to adjourn can be made at any time and has first precedence. This is a nondebatable motion.

(2) Motion to lay on table. A motion to lay on the table may be made when the subject matter appropriate for tabling is to be debated or discussed. This motion is a nondebatable motion.

(3) Motion to call previous question. A motion to call the previous question may be made at any time after the debate or discussion commences related to any action item, business item motion, or question that is properly before the Town Board. This motion is a nondebatable motion. This motion, if adopted, ends the debate and discussion at the meeting on the action item, business item, motion, or question. The motion, if adopted, brings the Town Board to a direct vote with the first vote on any amendments, if any, and then to the main action item, business item, motion, or question.

(4) Motion to postpone to date certain. A motion to postpone to a certain date may be made at any time after the debate and discussion commences on an action item, business item, motion, or question that is properly before the Town Board. This motion is debatable. This motion, if adopted, ends the debate and discussion at the meeting on the action item, business item, motion, or question. This motion must establish a date and time certain when the debate and discussion before the Town Board will continue. The date and time established must be on a date and time for a regularly scheduled or special meeting of the Town Board.

(5) Motion to committee. A motion to refer to a committee may be made at any time after the debate and discussion commences on an action item, business item, motion, or question that is properly before the Town Board. The motion is debatable. This motion, if adopted, ends the debate and discussion at the meeting on the action item, business item, motion, or question. This motion, if adopted, forwards the action item, business item, motion, or question to a committee for further review and discussion. The committee must be a committee of the Town Board.

(6) Motion to amend or divide question. A motion to amend or divide the question may be made at any time after debate and discussion commences on the action item, business item, motion, or question properly before the Town Board. The motion is debatable. This motion, if adopted, divides the main action item, main business item, main motion, or main question pursuant to the method described and adopted in the motion to divide.

(7) Motion to postpone indefinitely. A motion to postpone indefinitely may be made at any time after debate and discussion commences on the action item, business item, motion, or question properly before the Town Board. This motion is debatable. This motion, if adopted, ends the action item, business item, motion, or question.

(8) Motion to introduce matter related to action item, business item, motion, or question. A motion to introduce a matter related to the action item, business item, motion, or question may be made at any time after the debate and discussion commences on the action item, business item, motion, or question properly before the Town Board. This motion is debatable. This motion, if adopted, expands or adds to the debate and discussion new items related to the main action item, main business item, main motion or main question pursuant to the method described and approved in the motion to introduce a matter related.

(9) Motion to reconsider. A motion to reconsider may be made by a member who cast a vote on the prevailing side of the question proposed to be reconsidered if the motion is made at the same meeting at which the decision was made or at the next meeting of the Town Board. A motion to reconsider being made and the vote lost shall not be renewed, nor shall the subject be considered a second time. The Town Board shall not act upon the motion to reconsider if vested rights of the Town or any person will be violated by the reconsideration action of the Town Board.

(10) Motion to rescind. A motion to rescind may be made by any member of the Town Board at any time to rescind a decision made at a prior Town Board meeting but shall require a majority vote of the Town Board. The Town Board shall not act upon the motion if vested rights of the Town or any person will be violated by the rescission action.

(11) Action items, business items, motions, or questions. No action item, business item, motion, or question at a public meeting shall be included, or considered, by the Town Board on its business order agenda unless the action item, business item, motion, or question was initially presented to the Town Board and included on the meeting agenda by a Town Board member or the Town Clerk. No member of the Town Board shall request, at a meeting of the Town Board, a vote from the general public unless the proposed vote of the general public is so noted by the Town Chair or the presiding officer of the meeting as strictly an advisory vote to the Town Board and the vote was specifically included as a possible action item before the Town Board on the meeting agenda. Any vote taken by the general public at a meeting of the Town Board shall be considered by the Town Board only as an advisory vote and shall not be considered as a directory vote. Specific directory votes to require certain actions to be taken by the Town Board may only occur at an Annual or Special Town Meeting if the action by the electors at the Annual or Special Town Meeting is provided for by state law. No directory vote will be taken at an Annual or Special Town Meeting if the action cannot be demonstrated as a statutory power of the Annual or Special Town Meeting.

R. Town Board action at first meeting after spring elections.

(1) Date of first public meeting. The first regular meeting of the Town Board shall be held on the third Tuesday in April, immediately after the Annual Town Meeting to be also held on the third Tuesday of April.

(2) Appointment of commissions and committees. Except as specifically provided elsewhere in the Code of Ordinances of the Town of Ledgeview, the Town Chair shall, subject to Town Board approval, at the first meeting in April or, if the established meeting agenda does not permit, at the second regular meeting in April, or the first meeting in May, appoint or reappoint persons whose terms have expired to standing regular committees and commissions or other governmental bodies as may be created by the Town Board from time to time.

(3) Appointment, designation, retention, or employment of officers. The Town Board shall, at its first meeting in April or, if the established meeting agenda does not permit, at the second regular meeting in April, or the first meeting in May, appoint, reappoint, designate, retain, or employ persons to fill established Town offices, if these offices have been previously created by the Town Board and their terms have expired.

(4) Public depositories. The Town Board shall, at its first meeting in April or, if the established meeting agenda does not permit, at the second meeting in April designate one or more public depositories for depositing Town funds.

(5) Review Emergency Response Plan. The Town Board shall, at its first meeting in April or, if the established meeting agenda does not permit, at the second meeting in April, review the provisions of the plan.

S. Suspension of rules. The rules of conduct under this chapter or any part of these rules or any other rules of conduct of the Town Board may be temporarily suspended at any meeting of the Town Board, including any special meeting of the Town Board, in connection with any matter under consideration by the Town Board. Any rules of conduct may be suspended by a recorded affirmative roll call vote of two-thirds or more of the members of the Town Board present at the meeting unless the suspension would violate federal or state laws or regulations.

T. Applicability of rules of conduct to Town subunits. The rules of conduct stated in this chapter shall control the conduct of all meetings of subunits of the Town, such as commissions and committees, to the extent such rules are applicable.