[HISTORY: Adopted by the Village Board of
the Village of Webster 3-13-1986 as Title 2, Ch. 4 of the 1986 Code. Amendments noted where applicable.]
A.Â
Composition. The Board of Review shall consist of
the Village President, Clerk-Treasurer and all members of the Village
Board.
B.Â
Duties. The duties and functions of the Board of Review
shall be as prescribed in §§ 70.46 and 70.47, Wis.
Stats.
C.Â
Meetings. The Board of Review shall meet annually
on the second Monday of May, and notice of such meeting shall be published
pursuant to the state statutes. The Board, through its Clerk-Treasurer,
shall establish its meeting hours pursuant to § 70.47(3)(b),
Wis. Stats. The Board may adjourn from day to day or from time to
time, until such time as its business is completed, provided that
adequate notice of each adjournment is so given.
A.Â
Composition. The Industrial Park Committee shall consist
of the Village Board meeting as a committee of the whole.
B.Â
Duties. The Industrial Park Committee shall have the
following duties:
(1)Â
To confer with and advise the Board, Plan Commission
and businesses on all matters concerning the industrial development
of the Webster Industrial Park.
(2)Â
To advertise the industrial advantages and opportunities
of the Webster Industrial Park within the means provided by any appropriations
made therefor.
(3)Â
To collect data and information as to the type of
industries best suited to the area.
(4)Â
To develop, compile and coordinate information regarding
available areas suitable for industrial development.
(5)Â
To encourage the proper zoning and orderly development
of areas suitable for industrial development and to promote the interest
of industrialization of such areas of the community and in the Webster
Industrial Park.
(6)Â
To aid the village in the attraction of new industries
and in the encouragement of expansion by existing industries and businesses.
A.Â
Establishment. A Zoning Board of Appeals shall be
appointed as specified in § 62.23(7)(e), Wis. Stats. The
Zoning Board of Appeals shall consist of five members and one alternate
member appointed by the Village President subject to confirmation
by the Village Board. The Village President shall designate one of
the members Chairman.
B.Â
Powers.
(1)Â
The Zoning Board of Appeals shall have the following
powers:
(b)Â
To hear and decide special exceptions to the terms
of the village zoning and floodplain zoning regulations upon which
the Zoning Board of Appeals is required to pass.
(c)Â
To authorize, upon appeal in specific cases, such
variance from the terms of the village zoning regulations as will
not be contrary to the public interest where, owing to special conditions,
a literal enforcement will result in practical difficulty or unnecessary
hardship, so that the spirit of the zoning code shall be observed,
public safety and welfare secured and substantial justice done; provided,
however, that no such action shall have the effect of establishing
in any district a use or uses not permitted in such district.
(d)Â
To permit the erection and use of a building or premises
in any location, subject to appropriate conditions and safeguards
in harmony with the general purposes of the zoning code, for such
purposes which are reasonably necessary for public convenience and
welfare.
(2)Â
The Zoning Board of Appeals may reverse or affirm
wholly or in part or may modify any order, requirement, decision or
determination. The concurring vote of three members of the Zoning
Board of Appeals shall be necessary to reverse any order, requirement,
decision or determination appealed from or to decide in favor of the
applicant on any matter on which it is required to pass or to effect
any variation in the requirement of the zoning code. The grounds of
every such determination shall be stated and recorded. No order of
the Zoning Board of Appeals granting a variance shall be valid for
a period longer than six months from the date of such order unless
the land use permit is obtained within such period and the erection
or alteration of a building is started or the use is commenced within
such period.
[Amended 6-13-2001]
C.Â
Meeting and rules. All meetings of the Board shall
be held at the call of the Chairman and at such other times as the
Board may determine. All hearings conducted by said Board shall be
open to the public. The Board shall keep minutes of its proceedings
showing the vote of each member upon each question or, if absent or
failing to vote, indicating such fact and shall keep records of its
examination and other official actions, all of which shall be immediately
filed in the office of the Clerk-Treasurer and shall be public record.
The Board shall adopt its own rules of procedure not in conflict with
this section or with the applicable Wisconsin Statutes.
D.Â
Offices. The Village Board shall provide suitable
offices for holding of hearings and the presentation of records, documents
and accounts.
E.Â
Appropriations. The Village Board shall appropriate
funds to carry out the duties of the Board, and the Board shall have
the authority to expend, under regular procedure, all sums appropriated
to it for the purpose and activities authorized herein.
A.Â
Composition. The Village Plan Commission shall consist
of the Village President, one Trustee, the Director of Public Works,
the Village Engineer and three citizens.
B.Â
Appointment.
(1)Â
Trustee member. The Trustee member shall be annually
elected by a two-thirds vote at the organizational meeting of the
Village Board during the month of May of each year.
[Amended 6-13-2001]
(2)Â
Citizen members. The three citizen members of the
Commission shall be appointed by the Village President, subject to
confirmation by the Village Board. The original citizen members shall
be appointed upon creation of the Commission and shall hold office
for a period of three years, respectively, from the succeeding first
day of May, and thereafter annually during the month of April such
members shall be appointed for a term of three years on a staggered-term
basis. The length of each member's service (years) shall be determined
by the drawing of numbers (one through three) by the Village President.
At each April meeting, the members whose service is completed may
be resubmitted by Village President or a new person can be appointed
for approval at the May meeting. If a member cannot finish their term,
the Village President can appoint a new member (regardless of the
length of service remaining on their term) and that new member will
need to be approved by majority board approval for only the remainder
of that term.
[Amended 1-12-2022 by Ord. No. 2022-01]
C.Â
Record. The Plan Commission shall keep a written record
of its proceedings to include all actions taken, a copy of which shall
be filed with the Village Clerk-Treasurer. Four members shall constitute
a quorum, but all actions shall require the affirmative approval of
a majority of all of the members of the Commission. In order to have
a hearing of the Plan Commission, application should be made to the
Village Clerk-Treasurer.
D.Â
Duties.
(1)Â
The Master Plan.
(a)Â
The Plan Commission shall make, adopt and, as necessary,
amend, extend or add to the Master Plan, subject to Village Board
confirmation, for the physical development of the village, including
areas outside of its boundaries which, in the Plan Commission's judgment,
bear relation to the development of the village. The Master Plan,
with the accompanying maps, plats and descriptive and explanatory
matter, shall show the Commission's recommendations for such physical
development and may include, among other things, without limitation
because of enumeration, the general location, character and extent
of streets, highways, freeways, street grades, roadways, walks, parking
areas, public places and areas, parks, parkways, playgrounds and sites
for public buildings and structures and the general location and extent
of sewers, water conduits and other public utilities, whether privately
or publicly owned, the acceptance, widening, narrowing, extension,
relocation, removal, vacation, abandonment or change of use of any
of the foregoing public ways, grounds, places, spaces, buildings,
properties, utilities, routes or terminals, the general location,
character and extent of community centers and neighborhood units and
a comprehensive zoning plan.
(b)Â
The Commission may adopt the Master Plan as a whole
by a single resolution or, as the work of making the whole Master
Plan progresses, may from time to time by resolution adopt a part
or parts thereof, any such part to correspond generally with one or
more of the functional subdivisions of the subject matter of the plan.
The adoption of the plan or any part, amendment or addition shall
be by resolution carried by the affirmative votes of not less than
a majority of all the members of the Plan Commission, subject to confirmation
by the Village Board. The resolution shall refer expressly to the
maps, descriptive matter and other matters intended by the Commission
to form the whole or any part of the plan, and the action taken shall
be recorded on the adopted plan or part thereof by the identifying
signature of the Secretary of the Commission, and a copy of the plan
or part thereof shall be certified to the Village Board. The purpose
and effect of the adoption and certifying of the Master Plan or part
thereof shall be solely to aid the Plan Commission and the Village
Board in the performance of their duties.
(2)Â
Matters referred to Plan Commission. The Village Board
or officer of the village having final authority thereon shall refer
to the Plan Commission, for its consideration and report before final
action is taken by the Board, public body or officer, the following
matters: the location of any statue or other memorial; the location,
acceptance, extension, alteration, vacation, abandonment, change of
use, sale, acquisition of land for or lease of land for any street,
alley or other public ways, park, playground, airport, area for parking
vehicles or other memorial or public grounds; the location, extension,
abandonment or authorization for any public utility, whether publicly
or privately owned; all plats of lands in the village or within the
territory over which the village is given platting jurisdiction by
Chapter 236, Wis. Stats.; the location, character and extent or acquisition,
leasing or sale of lands for public or semipublic housing, slum clearance,
relief of congestion or vacation camps for children; and the amendment
or repeal of any land use ordinance. Unless such report from the Commission
is made within 30 days, or such longer period as may be stipulated
by the Village Board, the Board or other public body or officer may
take final action without it.
(3)Â
Miscellaneous powers. The Commission may make reports
and recommendations relating to the plan and development of the village
to public officials and agencies, public utility companies, civic,
educational, professional and other organizations and citizens. It
may recommend to the Village Board programs for public improvements
and the financing thereof. All public officials shall, upon request,
furnish to the Commission, within a reasonable time, such available
information as it may require for its work. The Commission, its members
and employees, in the performance of its functions, may enter upon
any land, make examinations and surveys and place and maintain necessary
monuments and markers thereon. In general, the Commission shall have
such powers as may be necessary to enable it to perform its functions
and promote municipal planning in cooperation with the Village Board.
[Added 7-13-2016 by Ord.
No. 2-2016[1]]
A.Â
Applicability.
All rules contained in the Village of Webster Code of Ordinances apply
to the Law Enforcement Disciplinary Committee (LEDC) except where
inconsistent with the rules enumerated in this subsection. The LEDC
is separate and distinct from the Judicial and Regulatory Committee.
(1)Â
Purpose of Law Enforcement Disciplinary Committee. The LEDC shall
serve as a committee that meets the requirements set forth in § 61.65(1)(am)
Wis. Stats. The LEDC shall review all matters that may result in the
suspension, reduction, suspension and reduction, or removal of the
Police Chief or other law enforcement officer that is not probationary
and for whom there is no valid and enforceable contract of employment
or collective bargaining agreement which provides for a fair review
prior to that suspension, reduction, suspension and reduction, or
removal.
(2)Â
Appointment and term. The LEDC shall consist of three members, none
of whom may be a Village Trustee or other elected or appointed official
of the Village, or Village employee. Initially, one member shall be
appointed for a one-year term, one for a two-year term, and one for
a three-year term. Thereafter, appointments or reappointments shall
be made in April of each year.
(3)Â
Committee meetings and reports.
(a)Â
Election and duties of Chairperson. At its initial meeting,
and annually thereafter as provided herein, the LEDC shall elect a
Chairperson. The Chairperson shall call and preside at all meetings
of the LEDC.
(b)Â
Election and duties of Secretary. At its initial meeting, and
annually thereafter as provided herein, the LEDC shall elect a Secretary.
The Secretary shall record the minutes of the meetings other than
the Judicial Committee meetings that are attended. The Secretary will
also give any minutes to the Village Clerk-Treasurer.
(c)Â
Annual meeting. There shall be an annual meeting of the LEDC,
to be held after the Village Board has made annual appointments or
reappointments but before the last day of July. The Chairperson shall
call the meeting to order and specify the date, time, and location
for the meeting. The Chairperson shall be elected, and other relevant
general business transacted, at the annual meeting.
(d)Â
Special meetings. A special meeting of the LEDC may be called
by the Chairperson, the Village President, two Village Board members
or upon the written direction of at least two members of the LEDC.
(e)Â
Notice of meetings. The person calling the meeting of the LEDC
shall advise the Village Clerk of the nature of the meeting, the agenda,
and the time and location for the meeting other than Judicial Committee
meetings. The Village Clerk shall provide notice of the meeting in
accordance with Wisconsin's Open Meeting Laws and Village ordinances.
(f)Â
General rules and procedures. The LEDC shall develop a review
process that is both consistent with Wisconsin Statutes and designed
to meet the need of the particular meeting referred to the LEDC. General
rules and procedures governing the review process may be set forth
in writing.
(g)Â
Communications with Village Board. The LEDC shall keep the Village
Board adequately and appropriately apprised of the status of any matters
before the LEDC.
B.Â
LEDC
rules and procedures.
(1)Â
Duties and responsibilities. The LEDC shall have the following duties
and responsibilities:
(a)Â
LEDC disciplinary action. The LEDC shall have the ultimate right
to suspend, reduce, suspend and reduce, or remove the Police Chief
and/or any other police officer who is not probationary and for whom
there is no valid and enforceable contract of employment or collective
bargaining agreement which provides for a fair review prior to that
suspension, reduction, suspension and reduction, or removal. For the
purposes of these Procedures, the terms "discipline" or "disciplinary
action" shall be limited to suspension, reduction, suspension and
reduction, or removal. Disciplinary actions regarding a Police Chief
over whom the LEDC does not have such power shall be made on the recommendation
of the Judicial and Regulatory Committee by the Village Board. Disciplinary
actions regarding police officers over whom the LEDC does not have
such power shall be made on the recommendation of the Police Chief
by the Judicial Committee.
(b)Â
Review by the LEDC shall be initiated as follows:
[1]Â
Charges regarding the Police Chief and/or any police officer
may be initiated by, or filed by, the Chief of Police, a member of
the LEDC, the LEDC as a body, a member of the Village Board or any
aggrieved person, with the Chairperson of the LEDC.
[2]Â
All such charges shall then be directed to the Village Clerk.
The Village Clerk shall forward the charge for action to the Chief
of Police, who shall act as Investigating Official (IO).
[3]Â
If the Chief is implicated in the charge, or it seems likely
to the Village President that the Chief might become involved during
the investigation that will follow, the Village President shall serve
as IO.
[4]Â
The IO shall notify the officer against whom the complaint was
filed ("the charged party") of the complaint and request that an explanation
be provided within five working days.
[5]Â
The IO can request participation of other agencies (e.g., the
Sheriff; another police force; the Village Attorney; or outside counsel)
to assist in an investigation as required.
[6]Â
All charges will receive, at minimum, an investigation by the
IO and a review at the next higher level. If the Chief acts as IO,
the Village President shall review the findings. If the Village President
acts as IO, the LEDC shall review the findings.
[7]Â
The IO shall complete his/her preliminary review of the complaint
by considering the charged party's response, if such response is timely
provided.
(c)Â
Following the review by the IO, the charges shall be directed
to the LEDC (if not already acting as reviewer). Actions passed to
the LEDC shall include, at minimum, the following:
(d)Â
Although, in most cases, preliminary investigation and review
by the Chief of Police/Village President is preferred, the Chief of
Police/Village President may also refer charges directly to the LEDC
if the Village President deems such referral to be necessary and in
the Village's best interest.
(e)Â
Although the Village prefers to have the LEDC complete its review
prior to taking any disciplinary action, the LEDC may suspend the
Police Chief or a police officer, or the Police Chief may suspend
an officer, pending review for just cause. Neither the Police Chief
nor any police officer shall be deprived of compensation during suspension
pending disposition of the charges.
(f)Â
Review of actions taken by Police Chief.
[1]Â
Notwithstanding the LEDC's exclusive right to discipline a police
officer, the Police Chief shall retain the right to suspend police
officers for just cause. In all such cases, the Police Chief shall
immediately file a report with the Chairperson of the LEDC. The report
shall detail the charges and the just cause rationale for the suspension.
[2]Â
At the request of the charged police officer, and if such request
is made in writing to the Chairperson of the LEDC, the LEDC shall
conduct a hearing regarding the suspension. In such cases, the Police
Chief shall be required to file charges with the LEDC upon which the
suspension was based and shall act as the complainant.
C.Â
LEDC
review procedures.
(1)Â
If the LEDC determines that charges do not reasonably inform the
accused of the general charge against him or her and the facts supporting
the charge, the LEDC shall dismiss the charges against the accused
and serve a copy of the dismissal on the charged party and the complainant.
No further action need be taken by the LEDC.
(2)Â
Prehearing conference. If the LEDC does not dismiss the charge pursuant
to the preceding subsection, the Village President shall schedule
a prehearing conference at least 15 working days before the hearing.
The Village, the charged party, and the complainant shall be notified
in writing of the prehearing conference and may attend and be represented
at the prehearing conference. The following matters shall occur at
the prehearing conference:
(a)Â
Determination of whether the matter, or any portion thereof,
can be resolved without the necessity of a full evidentiary hearing.
(c)Â
Witnesses not on the witness list shall not be permitted to
testify at the hearing, unless both parties agree to the witness and/or
the parties and the LEDC agree to reschedule the hearing. Exhibits
not on the exhibit list shall not be admitted as evidence, unless
both parties agree to its admission or the LEDC determines that the
party presenting the exhibit has demonstrated a satisfactory reason
for failing to timely exchange the same.
(3)Â
Hearing. The Village Clerk-Treasurer shall schedule the hearing.
All hearings shall have a court reporter present taking down the proceeding.
The Village, the charged party, and the complainant shall be notified
in writing of the hearing, may attend the hearing as provided by law,
and may be represented by counsel.
(a)Â
The charged party and the complainant may compel the attendance
of witnesses by subpoenas which shall be issued by the Chairperson
of the LEDC.
(b)Â
The Chairperson of the LEDC shall conduct the hearing. The hearing
shall be conducted in accordance with § 19.85(1)(b) Wis.
Stats. with regard to the open or closed nature of the hearing and
required notices, as appropriate.
(c)Â
The order at the hearing shall be as follows:
[1]Â
Statement of the initial determination by the Chairperson of
the LEDC. Complete witness lists;
[2]Â
Opening statements, if any, by both the complainant and the
charged party.
[3]Â
Presentation of testimony and introduction of evidence by complainant
to substantiate the complaint.
[4]Â
Cross examination of complainant's witnesses by the charged
party.
[5]Â
One additional opportunity for redirect questioning by the complainant.
[6]Â
One additional opportunity for redirect questioning by the charged
party.
[7]Â
Presentation of testimony and introduction of evidence by charged
party to refute the complaint.
[8]Â
Cross examination of charged party's witnesses by the complainant.
[9]Â
One additional opportunity for redirect questioning by the charged
party.
[10]Â
One additional opportunity for redirect questioning by the complainant.
[11]Â
One opportunity for each side to present rebuttal evidence to
rebut any evidence presented by the opposing side.
[12]Â
Closing arguments by complainant and charged party.
(d)Â
At the request of the parties or the LEDC, and in the discretion
of the LEDC, written briefs shall be filed prior to disciplinary action.
(4)Â
Disciplinary action following hearing. The LEDC may take disciplinary
action if there is just cause to sustain the complaint under the standards
set forth in § 62.13(5)(em) Wis. Stats., as may be amended,
or as otherwise permitted by law. The current statutes indicate that
just cause for discipline exists if:
(a)Â
The Police Chief or police officer could reasonably be expected
to have had knowledge of the probable consequences of the alleged
conduct.
(b)Â
The rule or order that the Police Chief or police officer allegedly
violated is reasonable.
(c)Â
The Police Chief, before filing the charge against the police
officer, made a reasonable effort to discover whether the subordinate
did in fact violate a rule or order (where applicable).
(e)Â
The Police Chief discovered substantial evidence that the police
officer violated the rule or order as described in charges filed in
the report made against the police officer (where applicable).
(f)Â
The Police Chief is applying the rule or order fairly and without
discrimination against the police officer (where applicable).
(g)Â
The proposed discipline reasonably relates to the seriousness
of the alleged violation(s) and to the Police Chief's/police officer's
record of service with the Police Department.
(5)Â
Following consideration of the evidence presented at the hearing,
the standards set forth above and briefs, if any, the LEDC shall prepare,
within three days of the conclusion of the hearing, and file the same
with the Secretary of the Committee and provide notice and a copy
to the Police Chief or Officer, written findings of fact and conclusions
and shall order, in writing, disciplinary action as appropriate. As
determined by the LEDC, such disciplinary action may be taken immediately
following the close of the hearing, following deliberation in closed
or open session (with appropriate notice), or following consideration
of any briefs to be provided.
(6)Â
If the LEDC determines that a suspension imposed prior to the hearing
is not sustained by evidence presented by the hearing, the charged
party shall be immediately reinstated.
D.Â
Appeals. Any person disciplined by the LEDC may appeal from the written
order of the LEDC to the Webster Municipal Court by submitting written
notice or appeal within 10 calendar days after the order is filed
with the Village and served on the charged party.
E.Â
Notices. A copy of the charges shall be served upon the person charged
in the manner prescribed for service of a summons. (See §§ 801.10,
801.11 and 801.13 Wis. Stats.) Thereafter, notices shall be given
in accordance with the standards for service and filing of pleading
and other papers, as provided in Wis. Stats. § 801.15.
(1)Â
All required notices to the LEDC and/or the Village shall be made
to both the Village President and the Village Attorney.
(2)Â
All required notices to the Police Chief and/or police officers shall
be made to the last known address in the employee's personnel records.
(3)Â
All required notices to the complainant shall be made to the complainant's
last known address.
F.Â
Costs associated with the LEDC.
(1)Â
The costs associated with the LEDC shall be allocated to and paid
from the Police Department budget. These costs shall include the costs
of convening the LEDC (per diems to members, if any, expenses of LEDC
secretary, court reporter costs, and publication/service of notices)
and legal costs (costs associated with preparing and revising the
LEDC Procedures, advising, and representing the Village on a matter
that has been referred to the LEDC, and retaining special counsel
for the LEDC, where the LEDC deems such counsel desirable or necessary).
(2)Â
Special counsel may be necessary where the Village Attorney would
have a conflict of interest representing the Village and the LEDC.
The existence of a conflict of interest must be made on a case-by-case
basis. For example, special counsel may be necessary where the complainant
is the Judicial and Regulatory Committee, the Village President or
the Police Chief, but may not be necessary where there is a third-party
complainant.
[Amended 7-13-2016 by Ord. No. 2-2016]
A.Â
Regular meetings; public notice. Every board, committee and commission
created by or existing under the ordinances of the Village shall:
(1)Â
Fix a regular date, time and place for its meetings;
(2)Â
Post notice, in advance of each such regular meeting, of the date,
time and place thereof at three places in the Village; and
(3)Â
Post notice, in advance of each such meeting, at three places in
the Village, of an agenda of the matters to be taken up at such meeting.
B.Â
Special meetings. Nothing in Subsection A shall preclude the calling of a special meeting or with dispensing with the notice of such posting of the agenda, for good cause, but such special meetings shall nonetheless comply in all respects with the provisions of §§ 19.81 to 19.89 Wis. Stats.
C.Â
Minutes. The secretary of each board, committee and commission shall
file a copy of the meeting minutes of such board or commission with
the Village Clerk-Treasurer.