[HISTORY: Adopted by the Village Board of
the Village of Theresa 6-3-1996 as Title 2, Ch. 2 of the 1996 Code. Amendments noted where
applicable.]
The Trustees of the Village of Theresa 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 and number. The Village of Theresa
shall have six Trustees in addition to the President, who is a Trustee
by virtue of his office as President. The six Trustees shall constitute
the Village Board. Three Trustees shall be elected at each annual
spring election for a term of two years, commencing on the third Tuesday
of April in the year of their election. Members of the Village Board
shall be residents of the Village at the time of their election and
during their terms of office.
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 in odd-numbered years for a term of two
years, commencing on the third Tuesday of April in the year of his
election.
B.
Duties. The Village President shall by virtue of his
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. He 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 shall deem necessary, who for the time being shall
possess all the powers and rights of constables.
A.
Committee appointments. Standing committees of the
Village are appointed by the Village President, subject to confirmation
by the Village Board. The appointment to each committee shall be made
at the annual organizational meeting of Village Board. Each committee
shall consist of three Trustees; the Finance/Personnel Committee shall
also have the Village President as one of its three members. Standing
committees shall review such matters as may be referred to them by
the Village Board and shall submit recommendations for Board action.
[Amended 7-1-2013]
B.
Standing committees designated. The following standing
committees of the Village Board shall be appointed by the Village
President annually at the Board's annual organizational meeting:
(1)
Finance/Personnel Committee (licenses, permits, audits,
insurance, personnel and investments).
[Amended 7-1-2013]
(2)
Public Safety Committee (law enforcement, Fire Department,
building regulations and zoning).
(3)
Public Works Committee (streets, storm sewers, lighting,
sewer and water treatment plant, equipment and buildings).
[Amended 8-1-2005 by Ord. No. 1-10]
(4)
Public Welfare Committee (health and public nuisances).
[Added 8-1-2005 by Ord. No. 1-10]
(5)
Community Development Committee (state and federal
grants and industrial and business development).
(6)
Parks Committee (parks, playgrounds and recreation
programs).
[Amended 8-1-2005 by Ord. No. 1-10]
C.
Composition of committees. Each committee shall consist
of three members. The Village President shall be an ex officio member
of all standing committees, but he shall not vote on any matter under
consideration by the committees, except the President shall be a voting
member of the Finance/Personnel Committee.
[Amended 7-1-2013]
D.
President to designate chairpersons; committee of
the whole; special committees. The Village President shall designate
the chairpersons of standing committees. All committee appointments
shall be subject to confirmation by a majority vote of the Board.
[Amended 7-1-2013]
(1)
All Trustees shall serve on at least one standing
committee if appointed. 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 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.
All special committees shall cease to exist after the April Board
meeting unless reappointed by the Village President or extended by
the Village Board.
E.
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 a 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 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 Board with the minority position. The Board shall
permit one committee member supporting the majority position equal
time to address the Board on such issue.
F.
Ambiguity of committee authority. In case of ambiguity
or apparent conflict between the preceding definition of committee
authority and a definition, in these ordinances, of the authority
of a Village officer, employee, board, or association, the latter
shall prevail.
G.
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 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.
[Amended 7-2-2012]
The salaries of the Village President, the members of the Village
Board and all members of committees and commissions of the Village
shall be established and fixed by resolution, unless otherwise provided
and until changed pursuant to state law.
[Amended 8-1-2005 by Ord. No. 1-10; 6-6-2022 by Ord. No. 2022-02]
A.
Regular meetings. Regular meetings of the Village
Board shall be held on the third Monday of each calendar month at
7:00 p.m., except when the day so designated falls on a legal holiday,
in which case the regular meeting shall be held at such other date
and time as the Village Board shall designate. When the Village Board
designates a date and time for the regular Board meeting, notice thereof
shall be posted at the Theresa Village Hall and in the official Village
newspaper prior to such rescheduled meeting date. All meetings of
the Board shall be held at the Theresa Village Hall unless specified
in the meeting agenda or by written notice posted at the regular meeting
place at least three hours prior to any meeting.
B.
Annual organizational meeting. The Village Board shall
hold an annual organizational meeting on the first regular meeting
following the spring election.
C.
Board minutes. The Village Clerk-Treasurer shall keep
a record of all Board proceedings and cause the proceedings to be
published on the Village of Theresa website.
A.
Special meetings of the Board may be called by the
Village President, or by two Trustees filing a request with the Village
Clerk-Treasurer at least 48 hours prior to the time specified for
such meeting. The Village Clerk-Treasurer 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 usual place of abode a minimum
of 24 hours prior to the meeting time. However, an emergency meeting,
as defined in Ch. 19, Wis. Stats., may be held upon two hours' legal
notice. The Village Clerk-Treasurer 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-Treasurer shall give notice immediately upon the call for such
meeting being filed with him.
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.
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 chapter 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.
A.
A majority of members of the Village Board 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-Treasurer shall proceed to call the roll
in alphabetical order, noting who is present and who is 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 over meetings
of the Village Board. In case of absence of the Village President,
the Village Clerk-Treasurer shall call the meeting to order and the
Trustees present shall elect one of their number Acting President
Pro Tem.
B.
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, 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 Clerk-Treasurer.
All matters to be presented at a Board meeting shall be filed with
a Clerk-Treasurer no later than 12:00 noon on the Friday preceding
the scheduled regular Board meeting to enable the Clerk-Treasurer
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 Clerk-Treasurer
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 Clerk-Treasurer shall afford the Trustees maximum
reasonable notice of agenda items as each situation allows.
B.
Order of business. Generally, the following order
may be observed in the conduct of all regular Board meetings:
(1)
Call to order.
(2)
Roll call.
(3)
Approval of minutes, and any corrections, of preceding
regular and special meetings.
(4)
Unfinished business.
(5)
New business, including the introduction of ordinances
and resolutions.
(6)
Committee reports.
(7)
Reports of Village officers.
(8)
Communications and miscellaneous business as permitted
by law.
(9)
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.
A.
Ordinances; resolutions. All ordinances shall be prepared
as follows:
(1)
Each ordinance 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 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, or a committee, board, or commission.
The Clerk-Treasurer or the Village Attorney may sponsor ordinances
or resolutions when changes in state law make it necessary or desirable
for the Village to act rapidly.
(3)
On ordinances that require special handing, the Clerk-Treasurer
shall assure that an editorial note is prepared showing compliance
with such special handing.
(4)
The Clerk-Treasurer may reject any ordinance from
placement on the agenda which fails to comply with this section.
(5)
Resolutions shall be in writing at the request of
one Trustee; such request shall be nondebatable.
(6)
Unless requested by a Trustee before a final vote
is taken, no ordinance, resolution or bylaw need be read in full.
(7)
Resolutions may be referred to an appropriate standing
committee for an advisory recommendation.
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 the title of amending and repealing ordinances shall
reflect their purpose to amend or repeal.
C.
Notice. The Village Board may take action on an ordinance
only if it appears on the written agenda for the meeting at which
action is requested.
D.
Disposition of petitions, communication, etc. Every
petition or other writing of any kind addressed to the Village Board
or to the Village Clerk-Treasurer 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.
E.
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 general ordinances of the Village and all regulations
imposing any penalty shall be published in the official paper of the
Village once or posted according to state law and shall be immediately
recorded by the Village Clerk-Treasurer in a book kept for that purpose
and/or the Village Code. 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.
B.
All ordinances shall take effect and be in force from
and after passage and publication/posting thereof, unless otherwise
provided.
A.
Roll call votes. A roll call shall not be necessary
on any questions or motions except as follows:
(1)
When the ayes and nays 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 Village or any fund thereof
in excess of $10,000.
(3)
When required by the state statutes of Wisconsin.
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 or the
President. The Village Clerk-Treasurer shall call the roll in an order
that shall rotate with each meeting; however, the Village President
shall always vote last.
C.
Parliamentary procedure. Except as provided below,
the Village Board shall in all other respects determine the rules
of its procedure, which shall be governed by Robert's Rules of Order,
Revised (1984), which is hereby incorporated by reference, unless
otherwise provided by ordinance or statute, except when otherwise
limited or modified by this Code:
(1)
No Trustee shall address the Board until he has been
recognized by the presiding officer. He shall thereupon address himself
to the Board and confine his 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.
(3)
No person other than a member shall address the Board
except under order of business, except that citizens may address the
Board with permission of the presiding officer as to matters which
are being considered by the Board at the time.
(4)
When a question is in debate, no action shall be in
order except to adjourn, to lay on the table, the previous question,
to postpone to a certain date, to refer to a standing, select or special
committee, to amend, or to postpone indefinitely, and these several
motions shall have precedence in the order in which they stand.
(5)
The movant may request leave to withdraw a motion
at any time prior to voting on the question. Such a request requires
no second. If any member objects, the presiding officer shall put
the question of granting the request to vote.
D.
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."
E.
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 any question, except those which cannot
be reconsidered pursuant to Robert's Rules of Order, Revised.
The Village Board has the power to preserve
order at its meetings. 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.
