[HISTORY: Adopted by the Town Board of the Town of Lowell 4-1-2004 as Title 2, Ch. 3, of the 2004
Code of Ordinances. Amendments noted where applicable.]
A.
Membership. The Town Board consists of two Supervisors of the Town
of Lowell and the Chairperson.
B.
Elections. Biennially in odd-numbered years, at the annual spring
election, there shall be elected three members to the Lowell Town
Board, one of whom shall be designated on the ballots as Chairperson
and the other two elected as Supervisors.
The Town Board of the Town of Lowell has the specific authority,
powers and duties, pursuant to §§ 60.10, 60.20, 60.22
and 60.23, Wis. Stats., and has, with authorization of the Town Meeting,
additional statutory authority, powers and duties to manage and direct
certain affairs of the Town of Lowell. In addition, the Town Board
of the Town of Lowell has additional general and specific statutory
authority, powers and duties established beyond Chapter 60, Wis. Stats.,
and as prescribed by this Code.
A.
Charge of Town affairs. The Town Board shall have charge of all affairs
of the Town not committed by law to another body or officer or to
Town employee(s).
B.
Charge of actions. The Town Board has charge of any action or legal
proceeding to which the Town is a party.
C.
Village powers. As authorized under § 60.10(2)(c), Wis. Stats., and § 96-2 of this Code, the Town Board shall exercise powers relating to villages and conferred on village boards under Ch. 61, Wis. Stats., except those powers which conflict with statutes relating to towns and town boards.
D.
Jurisdiction of constable. Pursuant to the Wisconsin Statutes, the
Town Board shall determine the jurisdiction and duties of the Town
Constable.
E.
Pursue certain claims of Town. The Town Board shall demand payment
of penalties and forfeitures recoverable by the Town and damages incurred
by the Town due to breach of official bond, injury to property or
other injury. If, following demand, payment is not made, the Board
shall pursue appropriate legal action to recover the penalty, forfeiture
or damages.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Town Board shall have the powers prescribed in § 60.23,
Wis. Stats., which section is incorporated by reference.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Town Board Chairperson shall have the powers and duties
prescribed by § 60.24, Wis. Stats., which section is incorporated
by reference.
The Town Board has power to preserve order at its meetings,
compel attendance of Supervisors and punish nonattendance.
Regular meetings of the Town Board of the Town of Lowell will
be held at the Lowell Town Office Building at 8:00 p.m. on the second
Tuesday of each month, or as otherwise determined by the Town Board.
Any regular meeting of the Town Board falling upon a legal holiday
shall be held on the day designated by the Town Board. Any meeting
of the Town Board, including any special or adjourned meetings that
are not held at the Town Office Building but at any other substitute
location, shall be designated by the Town Chairperson or his or her
designee, in compliance with the Open Meeting Law,[1] by posting a proper written notice of the substituted
location at the three usual and customary posting locations likely
to give notice. This notice shall occur at least 24 hours prior to
the meeting of the Town Board, unless in an emergency wherein the
proper notice posting shall occur at least two hours prior to the
meeting of the Town Board.
[1]
Editor's Note: See § 19.81 et seq., Wis. Stats.
A.
Any special meeting of the Town Board may be called by the Chairperson
or two members of the Town Board of the Town of Lowell, 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.
B.
No special meeting of the Town Board shall be held unless the notice
requirement of the State Open Meeting Law, pursuant to § 19.82,
Wis. Stats., has been complied with by the person or persons requesting
the public meeting.
C.
The Town Clerk, upon receipt of the written call for the special
meeting of the Town Board, shall immediately notify, in writing, each
member of the Town Board by delivering the written notice or by having
the written notice delivered personally to each member of the Town
Board. If any member of the Town Board cannot be personally notified,
in writing, then the Town Clerk shall deliver or have delivered a
copy of the written notice 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 any member of the Town Board cannot be noticed, in
writing, through an adult family member as noted above, then the Town
Clerk shall post such special meeting written notice in the above-noted
three usual and customary locations.
D.
The Town Clerk shall file proof of service of such 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 was not
completed, then the Town Clerk shall so state in the affidavit the
type of service or written notice completed.
E.
Special meetings of the Town Board may be held without such service
and notice when all members of the Town Board are present in person
or consent, in writing, to holding of any special meeting of the Town
Board. Any consent by any member of the Town Board shall be filed
by the Town Clerk prior to the beginning of any special meeting of
the Town Board.
F.
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 of Lowell business that may come before the Town Board
if such regular Town business was so noted in the written notice to
the public as required by the State Open Meeting Law, § 19.82,
Wis. Stats.
All Town Board and official Town committee and commission meetings
shall be open to the public and be in compliance with Wisconsin's
Open Meeting Law.[1]
[1]
Editor's Note: See § 19.81 et seq., Wis. Stats.
A majority of the Board shall constitute a quorum, but a lesser
number may adjourn if a majority is not present. The Chairperson shall
be counted in determining whether a quorum exists. If no legal quorum
is present at the time of the initial roll call, the meeting of the
Town Board shall be thereon adjourned by the members of the Town Board
present to a specific date and hour.
A.
Chairperson to preside. The Chairperson shall preside at all meetings
of the Town Board when present.
B.
Absence of Chairperson at call to order of meeting.
(1)
If the Town Chairperson is not present at the time for the call to
order, the senior member of the Town Board present, known as "Senior
Supervisor," 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 shall preside until the Town Chairperson
is able to preside at the meeting of the Town Board.
(2)
If the Town Chairperson will not be able to, at any time, preside
at the meeting, the Town Board shall make this determination after
the initial roll call and then by motion elect an acting Town Chairperson
for the meeting of the Town Board until the Town Chairperson is able
to preside at the meeting.
C.
Absence of Town Clerk at meeting. If the Town Clerk is not present
at the time of the initial roll call of the meeting of the Town Board,
the Town Chairperson shall appoint the Deputy 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 of the Town Board by
the Town Clerk.
A.
Order of business. At all meetings, the following order may be observed
in conducting the business of the Town Board:
(1)
Call to order by presiding officer.
(2)
Roll call.
(3)
Acknowledge posted meeting.
(4)
Approve agenda.
(5)
Public input.
(6)
Plan Commission report and recommendations.
(7)
Reading and/or approval of the minutes of the last preceding meeting
or meetings.
(8)
Treasurer's report.
(9)
Approve bills.
(10)
Transfer of money.
(11)
Unfinished business remaining from preceding sessions in the
order in which it was introduced.
(12)
New business; ordinances and resolutions may be introduced and
considered.
(13)
Meeting notices.
(14)
Highway Superintendent's report.
(15)
Supervisor's report.
(16)
Chairperson's report.
(17)
Next meeting date.
(18)
Adjournment.
B.
Agenda preparation.
(1)
The Town Clerk shall prepare an agenda incorporating the matters
comprising the order of business; and
(2)
There be included on said agenda a time for hearing citizens wishing
to address the Board; and
(3)
No matter requiring research, investigation or decision shall be
placed on the agenda of the Town Board unless a request to do so is
made to the Town Clerk at least five business days prior to the meeting
(except in emergency situations as determined by the Chairperson or
Town Clerk), nor shall the agenda be amended to include said matter,
either prior to or during the meeting, except when the members of
the Board unanimously agree to the agenda addition.
C.
Order to be followed; citizen comments.
(1)
Any member of the Town Board may take up any business on the agenda
in an order other than as described in the agenda unless there is
an objection by any other member of the Town Board.
(2)
Persons addressing Town Board.
(b)
This provision shall also not apply under the specific orders
of business established to recognize residents of the Town or other
persons, under the specific order of business to recognize members
of any Town office, Town committee, Town agency, Town commission or
a special board or other Town officers or except if the person has
specifically requested the right to address the Town Board and then
only after the approval of the presiding officer.
D.
Roll call; procedure when quorum not in attendance. As soon as the
Board shall be called to order, the Clerk shall proceed to call the
names of the members of alphabetical order, noting who are present
and who are 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.
A.
Ordinances to be in writing. 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. All written material introduced
shall be read and then discussed and acted upon as the Board deems
appropriate.
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.
(1)
The Town Board may take action on an ordinance only if it appears
on the written agenda for meeting at which action is requested in
order to provide proper legal notice.
(2)
Ordinances will be placed on the agenda for Board action only if
they are submitted to the Town Clerk in written form a minimum of
two weeks prior to the meeting at which action is requested (except
in emergency situations as determined by the Chairperson or Town Clerk).
D.
Disposition of petitions, communication, etc. Every petition or other
writing of any kind, addressed to the Board, Clerk or other Town officer
for reference to the Town Board, shall be delivered by the Clerk or
such other Town officer to the Chairperson 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 Board
following the receipt of same.
A.
A roll call shall not be necessary on any questions or motions except
as follows:
(1)
When the ayes and noes 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 Town or any fund thereof.
(3)
When required by the State Statutes of Wisconsin.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
All aye and nay votes shall be recorded in the official minutes.
C.
Except as provided below, the Town Board shall, in all other respects,
determine the rules of its procedure, which shall be governed by Robert's
Rules of Order, copyright 1992, which is hereby incorporated by reference,
unless otherwise provided by ordinance or statute, except when otherwise
limited or modified by this Code:
(1)
No Supervisor shall address the Board until he/she has been recognized
by the presiding officer. The Supervisor shall thereupon address himself/herself
to the Chairperson and confine his/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.
A.
The Chairperson shall then call on those persons who wish to speak
for the proposition. Each person wishing to speak for the proposition
shall give his or her name and address.
B.
Each person speaking on behalf of the proposition shall be limited
in time of five minutes.
C.
The Chairperson shall then call on those persons who wish to oppose
the proposition.
D.
Each such person wishing to speak in opposition to the proposition
shall give his or her name and address and shall also be limited to
five minutes.
E.
Any person wishing to speak in rebuttal to any statements made may,
with the permission of the Chairperson, do so; provided, however,
such rebuttal statement shall be limited to three minutes by any one
individual.
F.
When the Chairperson in his discretion is satisfied that the proposition
has been heard, he/she shall announce the fact that the hearing is
concluded.
A.
Motions stated. Prior to any debate on a 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 a second to any motion prior to any
debate or discussion of the motion. 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 Chairperson may, if felt necessary, 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.
B.
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.
C.
Motions with preference. During any meeting of the Town Board, certain
motions will have preference. In order of precedence, they are:
(1)
Motion to adjourn. This motion can be made at any time and has first
precedence. This is a nondebatable motion.
(2)
Motion to lay on the table. This motion 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. This motion may be made at any
time after the debate or discussion commences related to an 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 a date certain. This motion 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 a committee. This motion 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 the question. This motion 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. This motion 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 debate and discussion
at the meeting on the action item, business item, motion or question.
(8)
Motion to introduce a matter related to the action item, business
item, motion or question. This motion 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.
D.
Public directory votes. 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 Chairperson
or the presiding officer of the meeting as strictly an advisory vote
to the Board. Any vote taken by the general public at a meeting of
the Town Board shall be considered by this Board only as an advisory
vote and shall not be considered as a directory vote. Directory votes
to require certain actions to be taken by the Town Board may occur
at an annual or special Town Meeting.
It shall be in order for any member if, in the majority, to
move for the reconsideration of any vote in question at the same meeting
or at the next succeeding regular adjourned meeting. A motion to reconsider
being put and lost shall not be renewed.
A.
General requirement.
(1)
The Town Clerk shall publish, either in its entirety as a Class 1
notice under Ch. 985, Wis. Stats., or as a notice as described under
§ 60.80(5)(b), Wis. Stats., or post in at least three places
in the Town likely to give notice to the public, the following, within
30 days after passage or adoption:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
All ordinances and bylaws shall be signed by the Town Board and countersigned
by the Clerk and, if any penalty or forfeiture is thereby imposed,
shall be published as a Class 1 notice, under Ch. 985, Wis. Stats.,
and shall take effect on the day after its publication or a later
date if expressly prescribed. If there is no newspaper published in
the Town, the Town Board may in lieu of newspaper publication have
copies of ordinances and bylaws posted in at least three public places
in the Town and proof thereof filed and recorded by the Town Clerk,
and the same shall take effect the day after the proof of posting
has been filed and recorded, or at a later date if expressly provided
in the ordinance or bylaw.
B.
Requirement for forfeitures. If an ordinance imposes a forfeiture, posting may not be used in lieu of publication under Subsection A.
C.
Effective upon publication. An ordinance, resolution, motion or other
action required to be published or posted under this section shall
take effect the day after its publication or posting, or at a later
date if expressly provided in the ordinance, resolution, motion or
action.
D.
Affidavit of posting. If an ordinance, resolution, motion or other
action is posted under this section, the Clerk shall sign an affidavit
attesting that the item was posted as required by this section and
stating the date and place of posting. The affidavit shall be filed
with other records under the jurisdiction of the Clerk.
The rules of this chapter shall not be rescinded or amended
unless the proposed ordinance 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.
