Chapter 2.10
VILLAGE BOARD Revised 10/23
Sections:
2.10.050 General powers of the village board.
2.10.060 Cooperation with other municipalities.
2.10.070 Internal powers of the board.
2.10.110 Open meetings – Adjournment of meetings.
2.10.140 Order of business. Revised 10/23
2.10.150 Introduction of business, resolutions and ordinances – Disposition of communications.
2.10.160 Publication and effect of ordinances.
2.10.170 Conduct of deliberations.
2.10.180 Reconsideration of questions.
2.10.190 Disturbances and disorderly conduct.
2.10.010 Village board.
The trustees of the village of Arena 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. [Prior code § 2-2-1].
State law reference: Sections 61.32 and 61.34, Wis. Stats.
2.10.020 Trustees.
(a) Election, Term, Number. The village of Arena 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 at each annual spring election for a term of two years, commencing on the third Tuesday of April in the year of their election.
(b) Appointment as President. A village trustee shall be eligible for appointment as village president to fill an unexpired term. [Prior code § 2-2-2].
State law reference: Sections 61.20 and 61.325, Wis. Stats.
2.10.030 Village president.
(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. [Prior code § 2-2-3].
State law reference: Section 61.24, Wis. Stats.
2.10.040 Standing committees.
(a) Committee Appointments. At the organizational meeting of the village board, or such time as appointment to the committees listed below becomes necessary, a majority of the village board shall appoint eligible persons to serve as members of each of the following standing committees:
(1) Finance, Technology and Licensing. Committee duties include:
a. Review and finalize annual budget, for public hearing and village board approval.
b. Monitor expenditures.
c. Borrowing/refinancing of funds.
d. Review requests for nonbudgeted or emergency expenditures.
e. Review and recommend village board action regarding the village’s insurance coverage, risk management program and technology needs.
f. Recommend safety programs designed to minimize the village’s liability exposure.
g. Recommend the purchase or lease of real property, personal property or air space for public use or the sale of village property to the board.
h. Review of licenses.
i. Advise the village board on updating the village’s ordinances.
j. Consider any other matters which may be referred by the board.
(2) Public Works Committee (Streets, Water, Sewer, Parks). Public works superintendent shall serve in an advisory capacity to the committee, with no voting power. Committee duties include:
a. Review and approve any unusual requests for use of village-owned facilities.
b. Review and recommend any proposed changes, remodeling, additions, etc., to village streets and facilities.
c. Review and recommend an annual capital improvement program.
d. Recommend policy guidelines regarding public improvements and public property.
e. Mediate disputes between property owners and the village regarding streets and other public improvements.
f. Supervise the activities of the village forester and tree planting on village properties, and recommend to the board how refuse collection services should be provided.
g. Coordinate community cleanup and property maintenance programs.
h. Provide overall general supervision of the village sewer and water utilities.
i. Recommend, in cooperation with department heads, for board adoption policy guidelines regarding public protection.
j. Advisory to the village board regarding the administration of village parks and recreation programs.
k. Recommend for board adoption policy guidelines for use of village parks and recreation facilities.
l. Recommend to the village board proposals of community beautification.
m. Aid the board, village president and plan commission in the attraction of new industries and in the encouragement of expansion by existing industries and business.
n. Advise the village board on updating the village’s ordinances.
o. Consider any other matters which may be referred by the village board.
(3) Public Safety Committee.
a. The public safety committee shall consist of three members. Within 30 days of adoption of the ordinance codified in this section, the village president shall appoint one member to seat A of the committee for a term expiring on May 1, 2021. The village police chief shall appoint one member to seat B of the committee for a term expiring on May 1, 2022. The two appointed members shall, at its initial meeting, appoint a third member to seat C of the committee for a term expiring May 1, 2023. After the initial term, each member of the committee shall then serve terms of three years and the village president shall always appoint the successor to seat A, the village police chief shall appoint the successor to seat B, and the two members of the committee shall appoint the successor to seat C. A member of the committee may be appointed for more than one consecutive term.
b. Duties. The duties of the public safety committee include:
1. Act as the village board of health when required.
2. Advise the village board regarding the operation of the police department and village police officers.
3. Advise the village board on updating the village’s ordinances.
4. Recommend, in cooperation with department heads and the chief of police, policy guidelines regarding police and public protection.
5. Meet with the police chief to review the police department annual budget prior to the budget being submitted to the finance committee and village board for consideration.
6. Consider any other matters which may be referred to the committee by the village board.
(4) Personnel Committee. Committee duties include:
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. Advise the village board on updating the village’s ordinances.
f. Consider any other matters which may be referred to it by the board.
(b) President to Designate Chairperson.
(1) The president shall designate the chairperson of each standing committee. All committee appointments except designation of chairperson shall be subject to confirmation by a majority vote of the board.
(2) All trustees shall serve on at least one standing committee. Except, no trustee shall serve on the public safety committee. The village president shall be an ex officio member of each standing committee, except the public safety committee.
(3) The village president may declare the entire board a committee of the whole for informal discussion at any meeting, except a police commission meeting, or for any other purpose, and shall ex officio be chairman of the same.
(4) 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.
(5) Pursuant to Section 61.65, Wis. Stats., no member of the police committee shall be an elected or appointed official of the village or employed by the village. The village board may provide for some payment to each member for the member’s cost of serving on the committee at a rate established by the village 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. Any committee may require any village officer or employee to confer with it and supply information in connection with any matter pending before it. [Ord. dated 7/7/20 #2 § 1; Ord. dated 12/3/19 #1 § 1; amended during 2013 recodification; Res. 02-03; Res. 08-02; Ord dated 1/18/01 § 1. Prior code § 2-2-4].
2.10.050 General powers of the village board.
(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 Sections 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 30th next following the making thereof or in an amount exceeding one-half of the estimated receipts for such district as certified by the State Superintendent of Public Instruction and the local school clerk or 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 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. [Prior code § 2-2-5].
State law reference: Art. XI, Sec. 3, Wis. Const.; Section 61.34, Wis. Stats.
2.10.060 Cooperation with other municipalities.
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. [Prior code § 2-2-6].
State law reference: Sections 61.34(2) and 66.30, Wis. Stats.
2.10.070 Internal powers of the board.
The village board has the power to preserve order at its meetings. Members of the village board shall be residents of the village at the time of their election and during their terms of office. [Prior code § 2-2-7].
State law reference: Section 61.32, Wis. Stats.
2.10.080 Salaries.
The salaries of all elected and appointed officials, including members of boards and commissions, shall be as determined by the village board from time to time, provided the salary of the president and members of the village board shall not be increased during their terms of office. (See Sections 61.32 and 66.050 Wis. Stats.) [Ord. dated 1/7/20 #2 § 1. Prior code § 2-2-8].
2.10.090 Meetings.
(a) Regular Meetings. Regular meetings of the village board shall be held on the first Tuesday of each calendar month at 7:00 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 Village Hall in the village of Arena, placed electronically on the village’s website, and made available to the official village newspaper at least 24 hours prior to such scheduled meeting date except for state of emergency meetings, which shall require not less than two hours’ notice. All meetings of the board shall be held at the Village Hall, unless specified otherwise in the minutes of the preceding meeting or by written notice posted at the regular meeting place at least three hours prior to any meeting. In any event, all board meetings shall be held within the boundaries of the village.
(b) Annual Organizational Meeting. The village board shall hold an annual organizational meeting at its regular April meeting for the purpose of organization.
(c) Board Minutes. The clerk shall keep a record of all board proceedings and may cause the proceedings to be published as directed by the village board. [Ord. dated 11/10/20 § 1; Ord. dated 3/6/12 § 2. Prior code § 2-2-9].
State law reference: Section 61.32, Wis. Stats.
2.10.100 Special meetings.
Special meetings of the board may be called by the village president, or by two trustees by filing a request with the village clerk at least 24 hours prior to the time specified for such meeting. The clerk 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. Notice of special meetings should be sent by email, return receipt requested, whenever less than three days’ notice is given. The clerk 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 Section 61.32 and Chapter 19, Subchapter IV, Wis. Stats. The clerk shall give notice immediately upon the call for such meeting being filed with him. [Ord. dated 3/6/12 § 3. Prior code § 2-2-10].
State law reference: Sections 61.32 and 985.02(2)(a), Wis. Stats.; Chapter 19, Subchapter IV, Wis. Stats.
2.10.110 Open meetings – Adjournment of meetings.
(a) Open Meeting Law Compliance. All meetings shall be open to the public, unless falling within a lawful exception of the Wisconsin Open Meetings Law.
(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 on 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 Section 19.85, Wis. Stats., and must meet the other requirements of said Section 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 provisions of this code do not prohibit the board or any committee thereof from having a closed meeting which is legally convened and legally held in a room in said building other than the official meeting room or in some other building in the village. [Prior code § 2-2-11].
State law reference: Section 61.32 and Chapter 19, Subchapter IV, Wis. Stats.
2.10.120 Quorum.
(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 shall proceed to call the roll in alphabetical order, noting who are present, and who are absent, and if, after having gone through with the call, it shall appear that a quorum is not present, the fact shall be entered in the minutes, and the members present may adjourn to a later date in the month; if they do not establish the next meeting date, the village board shall stand adjourned to the time appointed for the next regular meeting unless a special meeting is called sooner. [Prior code § 2-2-12].
State law reference: Section 61.32, Wis. Stats.
2.10.130 Presiding officers.
(a) The Village President Shall Preside. The 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 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.
(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, the presiding officer shall appoint a clerk pro tem. [Prior code § 2-2-13].
State law reference: Section 61.32, Wis. Stats.
2.10.140 Order of business. Revised 10/23
(a) Order of Business. 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 consent agenda. (Items listed under consent agenda will be approved in one motion without discussion unless any board member requests that an item be removed for individual discussion);
(4) Public comment – Please be advised per Section 19.84(2), Wis. Stats., information will be received from the public; be further advised that there may be limited discussion on the information received; however, no action will be taken under public comments. It is the policy of the village that there is a two-minute time limit per person. Time extensions may be granted by the president. Please register your name on the sign-in sheet prior to the start of the meeting;
(5) Appearances;
(6) Old or unfinished business;
(7) New business;
(8) Committee reports;
(9) Adjourn.
(b) 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. [Ord. dated 8/1/23. Prior code § 2-2-14].
2.10.150 Introduction of business, resolutions and ordinances – Disposition of communications.
(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 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 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 or other village officer for reference to the village board, shall be delivered by the clerk or such other village officer to the village president or to the presiding officer of the board as soon as convenient after receipt of same, and in any event, prior to or at the opening of the next meeting of the village board following the receipt of 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. [Prior code § 2-2-15].
2.10.160 Publication and effect of ordinances.
(a) All general ordinances of the village and 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 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. [Prior code § 2-2-16].
State law reference: Section 61.32, Wis. Stats.
2.10.170 Conduct of deliberations.
(a) A roll call shall not be necessary on any questions or motions except as follows:
(1) When the ayes and noes are requested by any member.
(2) When required by the state statutes of Wisconsin.
(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 shall call the roll in alphabetical order, and the village clerk 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 of ordinances:
(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 the 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:
a. To adjourn;
b. To lay on the table;
c. The previous question;
d. To postpone to a certain date;
e. To refer to a standing, select or special committee;
f. To amend;
g. To postpone indefinitely;
and these several motions shall have precedence in the order in which they stand. [Prior code § 2-2-17].
2.10.180 Reconsideration of questions.
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 be 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. [Prior code § 2-2-18].
2.10.190 Disturbances and disorderly conduct.
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. [Prior code § 2-2-19].
2.10.200 Amendment of rules.
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 two-thirds of all the members of the board. [Prior code § 2-2-20].
2.10.210 Suspension of rules.
These rules shall not be suspended except by a two-thirds vote of all the members of the board. [Prior code § 2-2-21].