[HISTORY: Adopted by the Village Board of
the Village of Mazomanie 6-28-1988 as Title 2, Ch. 2 of the 1988 Code. Amendments noted where
applicable.]
The Trustees of the Village of Mazomanie 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 Mazomanie
shall have six Trustees in addition to the President, who is a Trustee
by virtue of his or her office as President. The President and 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
or her 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.
[Amended 4-28-1998; 3-11-2014 by Ord. No. 2014-2]
A.
Committee appointments. At the organizational meeting of the Village Board, the Village President shall appoint Trustees to each of the standing committees listed in Subsection B below.
(1)
All committee appointments shall be subject to confirmation by a
majority vote of the Board.
(2)
All Trustees shall serve on at least one standing committee. Standing
committees shall consist of three trustees.
(3)
The Village President may declare the entire Board a committee of
the whole and shall be chairman of that committee.
(4)
Special committee(s) may be created by order of the President or by resolution of the Board, to perform the specific tasks set forth in the order or resolution creating such committee. The order or resolution creating the committee shall specify the number of members thereof, and shall make all appointments thereto. Appointments to the special committee are subject to the requirements of this § 132-4, where applicable.
(5)
The Village President may appoint a special committee or committees,
as the President 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 the committee.
(6)
Each committee shall, by majority vote, determine the chair of that
committee.
B.
Standing committees. The standing committees of the Village Board
shall be as follows:
[Amended 9-22-2015 by Ord. No. 2015-28-22-2023 by Ord. No. 2023-1]
(1)
Finance Committee. The Finance Committee shall:
(a)
Review annual budget recommendations forwarded by the several
boards and committees, the Village Administrator and the Village Clerk-Treasurer
for public hearing and approval by the Board.
(b)
Review and recommend requests for nonbudgeted or emergency expenditures.
(c)
Review and recommend to the Village Administrator, the Village
Clerk-Treasurer or to the Board, action on insurance coverage and
risk-management programs.
(d)
Review all bills prepared in advance of Board meetings and recommend
to the Board approval for payment.
(e)
Consider any other matters which may be referred to it by the
Board.
(2)
Personnel Committee. The Personnel Committee shall:
(a)
Review and recommend to the Board changes in Village personnel
policies and administrative procedures.
(b)
Review and interview applicants and recommend to the Board the
hiring or dismissal of permanent and seasonal employees.
(c)
Assist in the resolution of disputes and grievances between
employees or with the Village.
(d)
Evaluate the performance of all employees and recommend to the
Board wage and benefit levels.
(e)
Consider any other matters which may be referred to it by the
Board.
(3)
Public Protection and Ordinance Committee. The Public Protection
and Ordinance Committee shall:
(a)
Advise the Board on the operation of the Fire Department and
assist in the preparation of the annual budget of the Fire Department.
(b)
Review, recommend and assist in the maintenance of a plan to
alleviate the effects of natural disasters and other emergencies requiring
Village action.
(d)
Consider and propose to the Board revisions in all Village ordinances.
(e)
Consider any other matters which may be referred to it by the
Board.
(4)
Public Works and Properties Committee. The Public Works and Properties
Committee shall:
(a)
Maintain an accurate evaluation of the current condition of
all Village streets and sidewalks and all public buildings not associated
with Village parklands and open spaces.
(b)
Review and recommend to the Board all expenditures, capital
improvement programs, and policies related to all Village streets
and sidewalks and all public buildings not associated with Village
parklands and open spaces.
(c)
Assist in the preparation of the annual budget for all Village
streets and sidewalks and all public buildings not associated with
Village parklands and open spaces.
(d)
Consider any other matters which may be referred to it by the
Board.
(5)
Parks and Recreation Committee. The Parks and Recreation Committee
shall:
(a)
Maintain an accurate evaluation of the current condition of
all Village parklands and open spaces, including their facilities,
buildings, and equipment.
(b)
Review and recommend to the Board all expenditures, capital
improvement programs, and policies related to all Village parklands
and open spaces, including their facilities, buildings, and equipment.
(c)
Assist in the preparation of the annual budget for all Village
parklands and open spaces, including their facilities, buildings,
and equipment.
(d)
Working with community volunteers or organizations, develop,
coordinate, and provide for the administration of a recreation program
and budget for approval by the Board.
(e)
Consider any other matters which may be referred to it by the
Board.
C.
Committee reports. Each committee shall at the next regular Board
meeting submit 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.
D.
Conferral requests; right to address committee.
(1)
Any committee may request any Village officer or employee to confer
with it and supply information in connection with any matter pending
before it.
(2)
No person other than a committee member shall have the right to address
the committee except:
(3)
Trustees who are not members of the committee shall have the right
to address the committee on any matter pending before such committee
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-treasurer.
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.
A.
Salaries generally. The 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 an annual salary be paid the President and Trustees.
Salaries heretofore established shall so remain until changed by ordinance
and shall not be increased or diminished during their terms of offices.
B.
Payment of Trustees and President.
(1)
The Trustees of the Village Board and the Village
President shall be paid an annual salary as set by the Village Board.
[Amended 12-8-2006 by Ord. No. 2006-2; 5-26-2015 by Ord. No. 2015-1]
(a)
The Trustees of the Village Board and the Village President are allowed
two unexcused absences annually without any loss of annual salary.
The third unexcused absence will result in the annual salary being
prorated. An "unexcused absence" includes anything not related to
immediate family (defined as spouse, children, parents, and any other
person residing in the household of the trustee), work, or medical
reasons.
(b)
The Trustees of the Village Board shall report any absence to the
Village President. The Village President shall report his or her absence
to the President Pro Tem.
(2)
The Village President and each Trustee shall be paid
the sum established by resolution for each special meeting of the
Village Board actually attended by such Trustee or the Village President
and for each meeting of a standing committee or other committee duly
appointed by the Village President actually attended by such Trustee
or the Village President. A Trustee or the Village President shall
be entitled to such compensation pursuant to this subsection, regardless
of whether the Village President or such Trustee is an appointed member
of such committee, if the Trustee or Village President actually attended
a substantial portion of such meeting and such meeting was an official,
properly noticed meeting of the Village Board or a standing or other
committee of the Village Board.
A.
Regular meetings. Regular meetings of the Village
Board shall be held on the second and fourth Tuesday of each calendar
month at 6:00 p.m. local time, except when the day so designated falls
on a legal holiday or the day immediately preceding a legal holiday,
in which case the regular meeting shall be held the preceding Tuesday
or 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 Municipal Building
at least 24 hours prior to such rescheduled meeting date. All meetings
of the Board shall be held at the Municipal Building 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.
[Amended 12-8-2006 by Ord. No. 2006-2; 9-22-2015 by Ord. No. 2015-3]
B.
Annual organizational meeting. The Village Board shall
hold an annual organizational meeting at its regular April meeting.
[Amended 12-8-2006 by Ord. No. 2006-2]
C.
Board minutes. The Clerk-Treasurer shall keep a record
of all Board proceedings and cause the proceedings to be published.
Special meetings of the Board may be called
by the Village President or by two Trustees by filing a request with
the Village Clerk-Treasurer at least 24 hours prior to the time specified
for such meeting. The Clerk-Treasurer shall 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. The Clerk-Treasurer shall cause an affidavit 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 Clerk-Treasurer
shall give notice immediately upon the call for such meeting being
filed with him.
B.
Adjournment of meetings. Regular sessions of the Village
Board may be adjourned from time to time for later reconvening. Any
regular session of the Board may be adjourned for later reconvening
as many times as the Board may determine to be necessary, advisable
or convenient. Said adjournment may be made for a new reconvening
time later in the same day or in a subsequent day. Any such adjournment
may provide for reconvening at the same place or another place. 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.
Meeting always 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 provision 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.
A.
Four 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 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. Village President
shall preside over meetings of the Village Board. In the absence of
the Village President, the President Pro Tem shall preside. In case
of absence of the Village President and President Pro Tem, 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.
President Pro Tem. The Village Board at its first
meeting subsequent to the regular election and qualification of new
members shall, after organization, choose from its members a President
Pro Tem who in the absence of the President shall preside at meetings
of the Board and during the absence or inability of the Village President
shall have the powers and duties of the Village President, except
that he shall not have power to approve an act of the Board which
the Village President has disapproved by filing objections with the
Clerk-Treasurer.
C.
Duties. The presiding officer shall preserve order
and decorum, decide all questions of order, and conduct the proceedings
of the meeting in accordance with the parliamentary rules contained
in Robert's Rules of Order, 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. In the absence of the Clerk-Treasurer and Deputy
Clerk-Treasurer, the presiding officer shall appoint a Clerk-Treasurer
Pro Tem.
A.
At all meetings, the following order shall be observed
in conducting the business of the Village Board:
(1)
Call to order by presiding officer.
(2)
Roll call. (If a quorum is not present, the meeting
shall thereupon adjourn, which may be to a specified date.)
(3)
Reading, correcting and approval of the minutes of
the last preceding meeting or meetings and approval of agenda.
(4)
Appearances.
(5)
Old or unfinished business.
(6)
New business.
(7)
Committee reports.
(8)
Adjourn.
B.
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 to be in writing. All ordinances or bylaws
submitted to the Board shall be in writing and shall include at the
outset a brief statement of the subject matter and a title and shall
be referred to the appropriate committee by the President. The committee
shall report back to the Board on the matter at the next Board meeting.
Resolution shall be in writing at the request of one Trustee; such
request shall be nondebatable. Unless requested by a Trustee before
a final vote is taken, no ordinance, resolution or bylaw need be read
in full.
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.
(1)
The Village Board may take action on an ordinance
only if it appears on the written agenda for meeting at which action
is requested.
(2)
Ordinances will be placed on the agenda for Board
action only if they are submitted to the Village Clerk-Treasurer in
written form a minimum of five days prior to 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 the Clerk-Treasurer or
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.
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, with the affidavit of publication, by the Village Clerk-Treasurer
in a book kept for that purpose. A printed copy of such ordinance
or regulation in any book, pamphlet or newspaper and published or
purporting to be published therein by direction of the Village Board
shall be prima facie proof of due passage, publication and recording
thereof.
B.
All ordinances shall take effect and be in force from
and after passage and publication thereof, unless otherwise provided.
B.
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, and
the Village Clerk-Treasurer shall call the roll in alphabetical order,
and the Village Clerk-Treasurer shall call the roll starting with
"A" and then in alphabetical order one time and then starting with
"Z" and in reverse alphabetical order the next time.
C.
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, 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 the 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; and to postpone indefinitely, and these several
motions shall have precedence in the order in which they stand.
When a question has been once decided, any member
of the majority or, in case of a tie, any member voting in the affirmative
may move a reconsideration thereof, but if a motion to reconsider
is made on a day subsequent to that on which the ordinance question
was decided, a vote of the majority of the entire Board shall be required
to sustain it.
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 guilty of such disorderly
conduct except the Trustees.
The rules of this chapter shall not be rescinded
or amended unless the proposed amendment or motion to rescind has
laid over from a regular meeting, and then it shall require a vote
of 2/3 of all the members of the Board.
These rules shall not be suspended except by
a two-thirds vote of all the members of the Board.
