[HISTORY: Adopted by the Village Board of
the Village of Westfield as Title 2, Ch. 2 of the 1985 Code. Amendments
noted where applicable.]
The Trustees of the Village 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 shall have
six Trustees in addition to the President, who is a Trustee by virtue
of his or her office as President. The six Trustees shall constitute
the Village Board. Three Trustees shall be elected in even-numbered
years and three Trustees shall be elected in odd-numbered years. The
term of office shall be two years. The term of office for Trustees
shall commence on the third Tuesday of April in the year of their
election. The Board shall be judge of the election and qualifications
of its members.
B.
Appointment as President. A Village Trustee shall
be eligible for appointment as Village President to fill an unexpired
term.
A.
Election; term of office. The Village President shall
be elected for a term of two years and he shall be the President of
the Board of Trustees as provided by statute.
B.
Duties. He shall perform all such duties as may be
required of him by statute or ordinance. He shall have supervision
over all the executive officers of the Village and over all of the
employees of the Village. He shall have the power and authority to
inspect all books and records kept by any Village officer or employee
at any reasonable time.
C.
Designation of duties. Whenever there is a question
as to the respective powers or duties of any appointed officer of
the Village, this shall be settled by the President, and he shall
have the power to delegate to any such officer any duty which is to
be performed where no specific officer has been directed to perform
the duty.
D.
Oath; salary. Before entering upon the duties of his
office the President shall take the oath of office as prescribed by
statute and shall receive such compensation as may be set from time
to time by the Board.
E.
President Pro Tem. During the temporary absence or
disability of the Village President, the Board of Trustees shall elect
one of its number to act as President Pro Tem, who during the absence
or disability of the President shall perform the duties pertaining
to the office.
A.
Committee appointments.
(1)
At the first regular meeting of the Village Board
in May, the Village President shall appoint, subject to Board confirmation,
three Trustees to each of the following standing committees:
(2)
Each committee shall consist of at least three Board
members and the Village President. No Village Board member may serve
on more than one committee. Each committee shall also be responsible
for policy development and revisions within its respective areas of
responsibility.
(3)
All responsibilities of the former Personnel Committee
will now be designated to the full Board.
B.
Special committees. The Village President shall appoint
all special committees and designate the chairman of each. All special
committee appointments except the designation of chairmen shall be
subject to Board confirmation.
C.
Appointment of Chairmen. The Village President shall
designate the chairmen of all standing committees.
D.
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. Any committee may require
any Village Officer or employee to confer with it and supply information
in connection with any matter pending before it.
A.
General. The Village Board shall be vested with 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 Ch. 32, Wis. Stats.
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 Ch 32, Wis. Stats., any and all property rights
in lands or waters, including rights of access and use, negative or
positive easements, restrictive covenants, covenants running with
the 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.[1]
The Village Board, on behalf of the Village,
may join with other villages or cities 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 President and other Trustees who make up
the Village Board, whether operating under general or specific law,
may by majority vote of all the members of the Village Board determine
that a 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 current terms of office.
A.
Salaries. A base salary of $1,500 for the President
and $1,000 for the Trustees shall be paid at the end of the year (effective
March 9, 1999). In addition to the base salary, the Board shall be
paid for actual attendance at meetings as specified below (effective
April 18, 1995):
|
President
|
Trustee
| ||
|---|---|---|---|
|
Regular Board meetings
|
$40.00
|
$35.00
| |
|
Special Board meetings
|
$40.00
|
$35.00
| |
|
Committee meetings
|
$0.00
|
$20.00
|
B.
Per diem. A per diem of $20 shall be paid to Board
members for attendance at conferences, workshops, seminars, etc.,
that are of more than two hours' duration. This shall be in addition
to reimbursement for mileage, meals, and registration costs incurred
in connection with such attendance (effective January 1, 1995).
Regular meetings of the Village Board shall
be held on the second Tuesday of each calendar month at 7:00 p.m.,
local time, or at such other times as the Board may direct. All meetings
of the Board shall be held in the Village Hall, Village of Westfield,
located at 124 East Third Street, Westfield, Wisconsin, Marquette
County, Wisconsin, 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
of Westfield. All seven Trustees must consent to any change in the
place of any meetings of the Board.
The President may recess any regular meeting
until further notice. Notice to the Trustees of the time and place
of the recessed meeting shall be given by the Clerk-Treasurer in writing,
in person or by telephone. Notice to the public of special meetings
shall conform to the open meeting requirements of § 61.32
and Ch. 19, Subch. IV, Wis. Stats.
All meetings shall be in compliance with the
requirements of the Wisconsin Open Meeting Law.[1]
[1]
Editor's Note: See §§ 19.81
to 19.98, Wis. Stats.
Four Trustees, including the Village President,
shall constitute a quorum, but a lesser number may adjourn if a majority
is not present. The President shall be counted in computing a quorum.
At all regular meetings, the following order
shall be observed in conducting the business of the Village Board:
A.
Order of business. The order of business shall be
as follows:[1]
(1)
Call to order.
(2)
Pledge of allegiance.
(3)
Roll call.
(4)
Approval of agenda.
(5)
Approval of minutes.
(6)
Citizen introductions, inquiries and concerns.
(7)
Old business.
(8)
Legal.
(9)
Fiscal Committee.
(10)
Operations Committee.
(11)
Library report.
(12)
President report.
(13)
New business.
(14)
Adjourn.
B.
Rescinded action. No vote or action of the Village
Board shall be rescinded at any special meeting unless there are present
at such special meeting as many members of the Board as were present
at the meeting when such vote or action was taken, as provided by
statute.
C.
Resolutions. Any resolution submitted to the Village
Board shall be reduced to writing before being voted upon, at the
request of any two members of the Village Board.
D.
Suspension of rules. The rules of order other than
for those described in the statutes may be suspended at any time either
by consent of a majority of members present or by order of the Village
President.[2]
E.
Order to be followed. No business shall be taken up
out of order unless ordered by the Village President. In the event
there is an objection to taking a matter out of order, said Trustees
shall vote on the same and the majority will determine whether said
business is to be taken out of order.
F.
Roll call procedure when quorum not in attendance.
As soon as the Board shall be called to order, the Clerk-Treasurer
shall proceed to call the names of the members, noting who is present
and who is absent, and record the same in the proceedings of the Board.
If it shall appear that there is not a quorum present that fact shall
be entered on the journal and the Board may adjourn, or the presiding
officer or, in case of his absence, the Clerk-Treasurer may issue
a process to any policeman commanding him forthwith to summon the
absentees.
A.
Ordinances and resolutions to be in writing. All ordinances
and resolutions submitted to the Board shall be in writing and shall
include at the outset a brief statement of the subject matter, a title
and the name of the Trustee introducing the same. Ordinances, resolutions,
bylaws, communications and other matters submitted to the Board shall
be referred to the appropriate committee by the President. 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 that one subject. Amendment or repeal
or ordinances shall only be accomplished if the amending or repealing
ordinance contains the number and title of the ordinance to be amended
or repealed.
A.
The deliberations of the Board shall be conducted
in the following manner:
(1)
When a motion is made and seconded, it shall be stated
by the President or read by the Clerk-Treasurer previous to debate.
All resolutions should be made and submitted in writing if requested
by at least two members of the Board.
(2)
When the question is under discussion no action shall
be in order, except to adjourn, to lay on the table, to move the previous
question, to postpone to a certain day, to refer to a committee, to
amend, or to postpone indefinitely. These motions shall have precedence
in the order listed.
(3)
Any member desirous of terminating the debate may
move the previous question, in which event the presiding officer shall
announce the question as "Shall the main question now be put?" If
a majority of the members present vote in the affirmative, the main
question shall be taken without further debate and to bring the Board
to a direct vote, first upon any pending amendments and then upon
the question.
(4)
A motion to adjourn shall always be in order, and
a motion to adjourn or to lay on the table and a call for the previous
question shall be decided without debate. No motion shall be withdrawn
or amended without the consent of the person making the same and the
person seconding it.
(5)
A roll call shall not be necessary on any questions
or motions except as follows:
(a)
When the ayes and noes are requested by any
member.
(b)
On confirmation and on the adoption of any measure
assessing or levying taxes, appropriating or disbursing money, or
creating any liability or charge against the Village or any fund thereof.
(c)
When required by the state statutes of Wisconsin.
(6)
All aye and no votes shall be recorded in the official
minutes.
B.
The Board shall in all other respects determine the
rules of its procedure, which shall be governed by Robert's Rules
of Order, Revised (1951), which is hereby adopted by reference, unless
otherwise provided by ordinance or statute.
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 at the same or at the next succeeding
meeting, but if a motion to reconsider is made on a day subsequent
to that on which the question was decided, a vote of the majority
of the entire Board shall be required to sustain it.
A call of the Board may be ordered at any time
be the request of two or more members and absent members shall be
sent for, but a call cannot be made after voting has commenced. When
a call of the Board has been requested and ordered, the door shall
be closed until the report of the policeman has been received and
acted upon, or until further proceedings under the call are dispensed
with by a majority of the entire Board.
The Village Board has the power to preserve
order at its meetings, compel attendance of Trustees and punish nonattendance.
A.
Whenever any disturbance or disorderly conduct shall
occur in any of the meeting of the Board, the President may cause
the room to clear of all persons guilty of such disorderly conduct
except the Trustees. In case any Trustee shall be guilty of disorderly
conduct, the President or presiding officer may order the police to
take him into custody for the time being or until the meeting shall
adjourn. Such member shall have the right to appeal from such order
to the Board as in other cases.
B.
It shall be unlawful for any person to address or
attempt to address any regular or special meetings of the Board except
upon the consent of the President or the majority of the members present.
C.
It shall be unlawful to disturb or interrupt any regular or special meeting of the Board. Any person violating any provision of this subsection shall be subject to a penalty as provided in Chapter 1, § 1-3 of this Code and may be summarily ejected from the Board room and Village Hall in accordance with Subsection A above.[1]
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 the 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, unless otherwise provided, and
published copies thereof shall have appended the date of first publication.
C.
The official newspaper of the Village of Westfield is the Marquette
County Tribune (Village Ordinance No. 78-2).
[Added 9-13-2011 by Res. No. 11:06]
(1)
A
village board may, but is not required to, designate a newspaper published
or having general circulation in the village as its official paper
or use it for specific notices. Alternatively, the village board may
direct that other forms of publication, such as posting, be used,
except that certain cases do require actual newspaper publication
(§ 985.05, Wis. Stats.).
(2)
The
official Board proceedings (meeting minutes) shall not be published
in the Village's designated official newspaper, however; shall be
posted in the Village's three designated posting areas: 1) Westfield
Super Value, 2) Ethel Everhard Memorial Library, and 3) Westfield
Municipal Building. Also, the official proceedings (meeting minutes)
shall be posted on the Village's official website.
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, unless specifically
stated in this chapter by order of the Village President.
