[HISTORY: Adopted by the Village Board of the Village of
Fairwater at time of adoption of Code (see Ch. 1, General Provisions,
Art. II). Amendments noted where applicable.]
The Village of Fairwater is a body corporate and politic with
the powers of a municipality at common law and governed by the provisions
of Chs. 61 and 66, Wis. Stats., laws amending those chapters, other
acts of the Legislature and the Constitution of the State of Wisconsin.
The Trustees of the Village of Fairwater 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 Fairwater shall have six Trustees
in addition to the President, who is a Trustee by virtue of his/her
office as President. The six Trustees shall constitute the Village
Board. Two Trustees shall be elected at each annual spring election
for a term of three years, commencing on the third Tuesday of April
in the year of their election.[1]
[1]
Editor's Note: The original charter ordinance providing for
two Trustees to be elected each year for a term of three years was
adopted 7-2-1974.
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 for a term of three years, commencing 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, 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/she shall deem necessary, who for the time being shall possess
all the powers and rights of constables.
C.
Participation in debate. The Village President shall vote on all
matters in the same way that other Trustees vote. The President has
the power to make motions, and to introduce ordinances, resolutions
and the like as any other Trustee.
D.
Appointments.
(1)
Wherever in this Code of Ordinances the Village President is required
to appoint citizens to committees, commissions and/or boards, in the
event the Village Board rejects a Village President's appointment,
the same name may not be submitted for the same job for a period of
12 months after the refusal of such appointment.
(2)
In the event a vacancy occurs in any committee, board or commission
requiring the appointment of a citizen member and the Village President
does not nominate a successor thereof for a period of 60 days after
the vacancy occurs, the Village Board may then nominate an appointee
to such position, subject to the approval of the Village President.
(3)
In the event the Village Board, by parliamentary practice, tables
an appointment by the Village President, such tabling action shall
be effective for that meeting, but at the next regular meeting of
the Village Board, such appointment shall be on the meeting agenda
for further consideration, and the particular appointment involved
may not be tabled a second time.
A.
Committee appointments. At the first special or the first regular
Board meeting following the third Tuesday in April, the Village President
shall nominate Trustees to all committees, subject to confirmation
by majority vote of the Board. Trustees shall make up each of the
following standing committees:
B.
Appointment of chairpersons. The Village President shall designate
the chairperson of each standing committee. He/she shall appoint all
special committees and designate the chairperson of each. All committee
appointments except designation of chairperson shall be subject to
confirmation by a majority vote of the Village Board.
C.
Committee-of-the-whole; special committees.
(1)
The Village President shall be an ex officio member of each standing
committee, or may be appointed to serve as a member of a specific
committee.
(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.
D.
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 at the next regular Village
Board meeting a verbal or written 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 Village 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 Village Board with the minority position. The Board shall permit
one committee member supporting the majority position equal time to
address the Village Board on such issue.
E.
Ambiguity of committee authority. In case of ambiguity or apparent
conflict between the preceding definition of committee authority and
a definition, in this Code, of the authority of a Village officer,
employee, board, or association, the latter shall prevail.
F.
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 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
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. 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 shall be
held on the second Monday of each calendar month at 6:45 p.m. Any
regular meeting falling on a legal holiday shall be held the next
following Monday at the same hour and place. When the Village Board
designates a date and time for the regular Board meeting, notice thereof
shall be posted at the Civic Center in the Village of Fairwater prior
to such rescheduled meeting date. All meetings of the Board shall
be held at the Civic Center in the Village of Fairwater, 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.
Annual organizational meeting. The Village Board shall hold an annual
organizational meeting on the third Tuesday in April or on the first
regular meeting in May following the spring election.
C.
Board minutes. The Village Clerk shall keep a record of all Board
proceedings and cause the proceedings to be posted.
A.
Special meetings of the Board may be called by the Village President,
or by two Trustees filing a request with the Village Clerk at least
24 hours prior to the time specified for such meeting. The Village
Clerk 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/her 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 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, Subchapter V, Wis. Stats. The Village
Clerk shall give notice immediately upon the call for such meeting
being filed with him/her.
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 as set by the Village Board for such meeting.
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.
E.
Photographs, motion pictures, videotape; permission required for
artificial illumination. No photographs, motion pictures, or videotapes
that require the use of flash bulbs, electronic flashes, flood lights,
or similar artificial illumination shall be made at Village Board
meetings without the consent of the presiding officer.
A.
Four Trustees, including the Village President, 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 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 shall call the meeting to order and the
Trustees present shall elect one of their number acting President.
B.
President Pro Tem. Annually at the Board's organizational meeting,
the Board shall elect from among its membership a President Pro Tem,
who 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 the event of a dispute regarding Board procedures, the matter shall
be decided 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 Village Clerk. All matters
to be presented at a Board meeting shall be filed with the Village
Clerk, or his/her deputy, no later than 12:00 noon on the Friday preceding
the scheduled regular Board meeting to enable the Village Clerk to
prepare the agenda and all attachments and distribute the same to
the Village Board. Matters filed after 12:00 noon on the Friday 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 Village Clerk 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 Village Clerk 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:
(1)
Call to order by presiding officer.
(2)
Roll call.
(3)
Review financials.
(4)
Discussion, correction and approval of the minutes of the previous
meetings.
(5)
Unfinished business from previous meetings.
(6)
New business, including introduction of ordinances and resolutions.
(7)
Committee reports.
(8)
Reports of Village officers.
(9)
Miscellaneous business permitted by law.
(10)
Adjournment.
C.
Order to be followed. No business shall be taken up out of order
unless authorized by the Village President or by majority consent
of all Trustees and in the absence of any debate whatsoever.
D.
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:
E.
Procedure at public hearings.
(1)
After opening the public hearing, the presiding officer 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.
(2)
Each person speaking on behalf of the proposition shall be limited
in time to not more than five minutes. The presiding officer may allow
for additional time.
(3)
The presiding officer shall then call on those persons who wish to
oppose the proposition.
(4)
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.
(5)
Any person wishing to speak in rebuttal to any statements made may,
with the permission of the presiding officer, do so; provided, however,
such rebuttal statement shall be limited to three minutes by any one
individual.
(6)
When the presiding officer in his/her discretion is satisfied that
the proposition has been heard, he/she shall announce the fact that
the hearing is concluded.
A.
MOTION
ORDINANCE
RESOLUTION
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A form of action taken by the Board to direct that a specific
action be taken on behalf of the municipality. A motion, once approved
and entered into the record, is the equivalent of a resolution in
those instances where a resolution is not required by law.
A legislative act prescribing general, uniform, and permanent
rules of conduct relating to the corporate affairs of the municipality.
Board action shall be taken by ordinance when required by law, or
to prescribe permanent rules of conduct which continue in force until
repealed, or where such conduct is enforced by penalty.
An internal legislative act which is a formal statement of
policy concerning matters of a special or temporary nature. Board
action shall be taken by resolution where required by law and in those
instances where an expression of policy more formal than a motion
is desired.
B.
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 descriptive
or 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.
(3)
No ordinance, resolution or bylaw shall be considered unless presented
in writing by a Trustee or by a committee. Unless requested by a Trustee
before final vote is taken, no ordinance, resolution or bylaw need
be read in full.
(4)
On ordinances or resolutions that require special handing, the Village
Clerk shall assure that an editorial note is prepared showing compliance
with such special handing.
(5)
The Village Clerk 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. Resolutions may be referred to an appropriate
standing committee for an advisory recommendation.
C.
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.
D.
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.
E.
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.
F.
Disposition of petitions, communication, etc. Every petition or other
correspondence from citizens addressed to the Village Board, or to
the Village Clerk 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 the same and, in any event, prior to or at the opening
of the next meeting of the Village Board following the receipt of
the 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.
G.
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 motion based upon committee
or commission action is permissible only on items specifically on
the agenda.
A.
All ordinances adopted by the Village Board shall, at the discretion
and direction of the Village Board, be published in the official newspaper
for the Village of Fairwater either in its entirety, as a Class 1
notice, under Ch. 985, Wis. Stats., or as a notice as described under
§ 61.50(3)(b), Wis. Stats., or posted in three public places
within the Village.
B.
Notwithstanding any provision herein, if any ordinance adopted by
the Village Board for the Village of Fairwater contains any penalty
or forfeiture said ordinance shall be published either in its entirety,
as a Class 1 notice, under Ch. 985, Wis. Stats., or as a notice as
described under § 61.50(3)(b), Wis. Stats.
C.
If an ordinance, resolution, motion or other action is legally posted
under this section, the Village 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 Village Clerk.
D.
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 Village Clerk 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 Village Clerk
shall record the ayes and noes on each vote.
C.
Parliamentary procedure. Except as provided below, the presiding
officer, in the event of a dispute regarding procedure, shall in all
other respects determine the rules of its procedure, which shall be
governed by Robert's Rules of Order which is hereby incorporated
by reference, unless otherwise provided by ordinance or statute.
D.
Motions stated. Prior to any debate on a matter, the members of the
Village Board shall be entitled to a clear understanding of the motion
before the Village 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. The presiding officer may, if
felt necessary, restate the motion prior to any debate and discussion.
Any member of the Village 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
Village Board prior to the final vote on the matter.
E.
Change of vote. No member of the Village Board may change his or
her vote on any action item, business item, motion or question after
the final result has been announced.
F.
Motions with preference. During any meeting of the Village 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
Village 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 Village 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 Village
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 Village Board will
continue. The date and time established must be on a date and time
for a regularly scheduled or special meeting of the Village 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 Village 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 Village 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 Village 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 Village 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 properly before the Village 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.
G.
Public directory votes. No member of the Village Board shall request,
at a meeting of the Village Board, a vote from the general public
unless the proposed vote of the general public is so noted by 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 Village
Board shall be considered by the Board only as an advisory vote and
shall not be considered as a directory vote.
H.
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 "nay." In case of a vote requiring approval by more than a simple majority, an abstaining vote is considered an "aye." (See also § 48-7.)
I.
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 vote on any question after the result has been announced.
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.
