[HISTORY: Adopted by the Village Board of the Village of
Coloma 6-30-1994 as Title 2, Ch.
2, of the 1994 Code. Amendments noted where applicable.]
The Trustees of the Village 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 Coloma 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 in even-numbered years and two
Trustees shall be elected in odd-numbered years. The terms of office
shall be two years. The term of office for Trustee shall commence
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 in odd-numbered
years for a term of two years. The term of office of the Village President
shall commence on the third Tuesday of April in the year of his/her
election.
B.
Duties. The Village President shall by virtue of his/her office be
a Trustee and preside at all meetings of the Board and have a vote
as Trustee, sign all ordinances, rules, bylaws, regulations and commissions
adopted or authorized by the Board and all orders drawn on the treasury.
He/she shall maintain peace and good order and see that the Village
ordinances are faithfully obeyed.
A.
Committee appointments. At the annual organizational meeting of the
Village Board in April, the Village President shall appoint, subject
to Board confirmation, two Trustees to each of the following committees.
B.
Personnel and finance. The Personnel and Finance Committee shall
consist of all board members with the Chairperson appointed by the
Village President and confirmed by the Village Board.
C.
Special committees. The Village President may appoint special committees.
All special committee appointments shall be subject to Village Board
confirmation.
D.
Committee reports. Each committee shall report to the Village Board
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.
Any committee may require any Village officer or employee to confer
with it and supply information in connection with any matter pending
before it.
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, forfeiture,
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 Ch. 32, Wis. Stats.
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 Ch. 32, Wis. Stats., 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 when satisfied that the same was unjust or
improper, if such refund may lawfully be made; and generally may manage
the Village finances.
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
villages or cities in a cooperative arrangement for executing any
power or duty in order to attain greater economy or efficiency, including
joint employment or appointive officers and employees.
The Village Board has the power to preserve order at its meetings,
compel attendance of Trustees and punish nonattendance. The Village
Board shall be judge of the election and qualification of its members.
The President and other Trustees who make up the Village Board,
whether operating under general or special law, may by a three-fourths
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 resolution and shall not be increased
or diminished during their terms of office.
Regular meetings of the Village Board shall be held on the last
Thursday of each calendar month at 6:30 p.m. local time, or at such
other time as the Board may direct. Any regular meeting falling on
a legal holiday shall be held at a date as determined by the Village
Board on a day that is not a legal holiday at the same time and place.
All meetings of the Board shall be held at the Anna Follett Memorial
Center 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 of Coloma. A majority
of the Trustees must consent to any change in the place of any meeting
of the Village Board.
The President may recess any regular meeting until further notice.
Notice to the Trustees of the time and place of the recessed meeting
shall be given by the Clerk/Treasurer in writing, in person or by
telephone. Special meetings may be called by any two Trustees in writing,
filed with the Clerk/Treasurer, who shall notify all Trustees of the
time and place 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.
All meetings shall be in compliance with the requirements of
the Wisconsin Open Meetings Law. The Board shall keep a record of
all its proceedings, and the Board shall cause the proceedings to
be posted or published in such manner as the Board shall direct.
A majority of the members-elect of the Village Board shall constitute
a quorum, but a lesser number may adjourn if a majority is not present.
The President shall be counted in computing a quorum.
A.
Village President. The Village President shall preside. In case of
absence of the President, the Clerk/Treasurer shall call the meeting
to order and the Trustees present shall elect one of their number
president pro tem to preside over that meeting.
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 Revised, unless otherwise provided by statute or by
these rules. Any member shall have the right to appeal from a decision
of the presiding officer. An appeal shall be sustained by a two-thirds
vote of the members present excluding the President.[1]
A.
Order of business. At all regular meetings, the following order may
be observed in conducting the business of the Village Board:
(1)
Call to order by presiding officer;
(2)
Roll call;
(3)
Reading and correcting the minutes of the last preceding meeting
or meetings;
(4)
Receiving petitions, memorials, remonstrances and other communications;
(5)
Action upon bills and claims;
(6)
Old business;
(7)
New business;
(8)
Miscellaneous business;
(9)
License applications;
(10)
Public forum;
(11)
Adjournment.
B.
Order to be followed. The order of business to be followed shall
be determined by the presiding officer. Items may be taken up out
of order upon motion by a Trustee, and affirmation vote of 2/3 of
the Trustees including the Village President. The motion is not debatable.
C.
Roll call; procedure when quorum not in attendance. As soon as the
Board shall be called in order, the Clerk/Treasurer shall proceed
to call the names of the members in alphabetical order, noting who
is present and who is absent and record the same in the proceedings
of the Board. If it shall appear that there is not a quorum present,
the fact shall be entered on the journal and the Board may adjourn,
the Clerk/Treasurer may issue a process to any police officer commanding
him/her forthwith to summon the absentees.
D.
Public comments shall be taken only during the public comment portion
of the public meeting. Once recognized by the governing body, the
individual will be allowed three minutes to speak.
A.
Ordinances, etc., to be in writing. All ordinances submitted to the
Board shall be in writing. Resolutions or other communications may
be submitted to the Board orally. Resolutions may be submitted orally
but shall be reduced to writing prior to any vote thereon. Ordinances,
resolutions, bylaws, communications and other matters submitted to
the Board may be referred to the appropriate committee for its consideration
and recommendations prior to action by the Village Board. Unless requested
by a Trustee, no ordinance, resolution, or bylaw need be read in full
prior to discussion and adoption.
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 ordinance shall reflect their purpose
to amend or repeal.
A.
The deliberations of the Board shall be conducted in the following
manner:
(1)
When a motion is made and seconded, it shall be stated by the President
or read by the Clerk/Treasurer previous to debate. All resolutions
should be made in writing, but may be made orally and reduced to writing
before voting.[1]
(2)
When the question is under discussion, no action shall be in order,
except:
(3)
Any member desirous of terminating the debate may move the previous
question, in which event the presiding officer shall announce the
question as "Shall the main question not be put?" If a majority of
the members present vote in the affirmative, the main question shall
be taken without further debate and to bring the Board to a direct
vote, first upon any pending amendments and then upon the main question.
(4)
A motion to adjourn shall always be in order, and a motion to adjourn,
to lay on the table, and a call for a previous question shall be decided
without debate. No motion shall be withdrawn or amended without the
consent of the person making the same and the person seconding it.
(5)
A roll call shall not be necessary on any questions or motions except
as follows:
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 at the same or at the next succeeding meeting;
but if a motion to reconsider be made on a day subsequent to that
on which the ordinance in question decided, a vote of the majority
of the entire Board shall be required to sustain it.
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
Trustees. In case any Trustee shall be guilty of disorderly conduct,
the President or presiding officer may order the police to take him/her
into custody for the time being or until the meeting shall adjourn.
Such member shall have the right to appeal from such order to the
Board as in other cases.
A.
All general ordinances of the Village and all regulations imposing
any penalty shall be published either in their entirety or by notice
as provided in § 61.50(1), Wis. Stats., in the official
paper of the Village once or published by posting in three places
within the Village and shall be immediately recorded with the affidavit
of publication, by the 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.[1]
B.
All ordinances shall take effect and be in force from and after passage,
and publication, unless otherwise provided and published copies thereof
shall have appended the date of first publication.
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.
These rules shall not be suspended except by a two-thirds vote
of all the members of the Board.
