CHAPTER 2
THE GOVERNING BODY
2.01Village Board
2.02Trustees
2.03Village President
2.04Standing Committees
2.05General Powers of the Village Board
2.06Cooperation With Other Municipalities
2.07Internal Powers of the Board
2.08Salaries
2.09Meetings
2.10Special Meetings
2.11Open Meetings
2.12Quorum
2.13Presiding Officers
2.14Order of Business
2.15Introduction of Business
2.16Conduct of Deliberations
2.17Reconsideration of Questions
2.18Call of the Board
2.19Disturbances and Disorderly Conduct
2.20Appropriations and Accounts
2.21Publication and Effect of Ordinances
2.22Amendment of Rules
2.23Suspension of Rules

2.01 VILLAGE BOARD.

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. See §§61.32 and 61.34, Wis. Stats.

2.02 TRUSTEES.

(1) ELECTION, TERM, NUMBER. The Village shall have 6 trustees in addition to the President, who is a trustee by virtue of his office as President. The 6 trustees shall constitute the Village Board. Three trustees shall be elected in even numbered years and 3 trustees shall be elected in odd numbered years. The terms of office shall be 2 years. The term of office for trustees shall commence on the 3rd Tuesday of April in the year of their election.

(2) APPOINTMENT AS PRESIDENT. A Village trustee shall be eligible for appointment as Village President to fill an unexpired term.

(3) STATE LAW REFERENCE. See §§61.20 and 61.325, Wis. Stats.

2.03 VILLAGE PRESIDENT.

(1) ELECTION. The Village President shall be elected in odd numbered years for a term of 2 years. The term of office of the Village President shall commence on the 3rd Tuesday of April in the year of his election.

(2) DUTIES. The Village President shall by virtue of his office be a trustee and preside at all meetings of the Board and have a vote as trustee, 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 and see that the Village ordinances are faithfully obeyed.

(3) STATE LAW REFERENCE. See §61.24, Wis. Stats.

2.04 STANDING COMMITTEES.

(1) COMMITTEE APPOINTMENTS. At the annual organizational meeting of the Village Board, the Village President shall appoint 3 trustees to each of the following standing committees:

(a) Water and Sewer Committee.

(b) Streets and Sidewalks Committee.

(c) Personnel Committee.

(d) Budget and Finance Committee.

(e) Purchasing and Planning Committee.

(f) Park and Beach Committee.

(2) COMMITTEE REPORTS. Each committee shall at the second 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.

(3) POLICE DEPARTMENT COMMITTEE. (Cr. #07-04) As provided in §1.45(3) of Chapter 1 of the Code of Ordinances of the Village of Palmyra, there shall be a standing committee appointed by the Village Board of not less than 3 members, none of whom may be an elected or appointed official of the Village or be employed by the Village.

(a) Beginning in 2007, one member of the standing committee shall serve a one-year term, and 2 members shall serve for 2-year terms. Commencing in 2008, all terms will be 2 years. No member of the standing committee shall serve more than 2 consecutive 2-year terms.

(b) At the annual organizational meeting of the Village Board, the Village Board shall appoint members to the standing committee, in sufficient number to fill all expiring or then vacant positions.

(c) The standing committee shall act under and pursuant to §62.13(5), Wis. Stats., in place of a board of police and fire commissioners. 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.

2.05 GENERAL POWERS OF THE VILLAGE BOARD.

(1) 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.

(2) 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.

(3) 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 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.

(4) 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.

(5) 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.

(6) STATE LAW REFERENCE. See Art. XI, Sec. 3, Wis. Const.; §61.34, Wis. Stats.

2.06 COOPERATION WITH OTHER MUNICIPALITIES.

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. See §§61.34(2) and 66.30, Wis. Stats.

2.07 INTERNAL POWERS OF THE BOARD.

The Village Board has the power to preserve order at its meetings, compel attendance of trustees and punish nonattendance. The Village Board shall be judge of the election and qualification of its members. See §61.32, Wis. Stats.

2.08 SALARIES.

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 to the President and trustees. Salaries previously established shall so remain until changed by ordinance and shall not be increased or diminished during their terms of office. See §61.32, Wis. Stats.

2.09 MEETINGS. (Am. #94-6; #06-05; #06-08)

Regular meetings of the Village Board shall be held on the 1st and 3rd Mondays of each calendar month at 7:00 p.m. local time or at such other times as the Board may direct. Agendas for the meetings shall be prepared by the Clerk at the direction of the Village President and matters may be placed on the agenda upon the request of 2 Village Trustees in writing no later than noon on the Thursday before the meeting. Any regularly scheduled Board meeting may be cancelled, postponed, or rescheduled for valid reason at any time by the Village President, or by motion adopted by a majority of the Village Board. 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 3 hours prior to any meeting. In any event, all Board meetings shall be held within the boundaries of the Village. A majority of the Village Trustees must consent to any change in the place of any meeting of the Board. See §61.32, Wis. Stats.

2.10 SPECIAL MEETINGS. (Am. #94-6)

(1) The Village President or any 2 trustees may call a special meeting by filing a written notice with the Village Clerk-Treasurer who, in turn, shall immediately notify in writing each Village Board member of the date, time and purpose of the special meeting. The notice shall be delivered to the members personally or left at their usual abode at least 24 hours before the meeting, unless for good cause a 24-hour notice is impossible or impractical. In that case, a shorter notice may be given, but the notice may not at any time be provided less than 6 hours in advance of the meeting. Attendance by any Board member is a waiver of any defect of notice.

(2) A special meeting may be called, without notice, at a regularly convened Board meeting if all members are present. A special meeting may also be called if all members consent in writing to the holding of such a meeting. If written consent is obtained, it shall be filed with the Village Clerk-Treasurer before the commencement of the meeting.

(3) Special meetings shall be deemed regular meetings for the purpose of transacting any business that may be permitted by law.

2.11 OPEN MEETINGS.

All meetings shall be in compliance with the requirements of the Wisconsin Open Meeting Law. See §61.32 and Ch. 19, Subch. V, Wis. Stats.

2.12 QUORUM.

A majority of the members-elect of the Village Board 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. See §61.32, Wis. Stats.

2.13 PRESIDING OFFICERS.

(1) The Village President shall preside. In case of absence of the President, the Clerk-Treasurer shall call the meeting to order and the trustees present shall elect one of their number president pro tem.

(2) 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, latest edition, unless otherwise provided by statute or by these rules. Any member shall have the right to appeal from a decision of the presiding officer. An appeal shall be sustained by a 2/3 vote of the members present excluding the President. See §61.32, Wis. Stats.

2.14 ORDER OF BUSINESS.

(1) ORDER OF BUSINESS. At all meetings, the following order may be observed in conducting the business of the Village Board:

(a) At the regular meeting on the first Monday of the month:

1. Call to order by presiding officer.

2. Roll call.

3. Reading and correcting the minutes of the last preceding meeting or meetings.

4. Receiving petitions, memorials, remonstrances and other communications.

5. Action upon bills and claims.

6. Issuance of building permits.

7. Old business.

8. New business.

9. Miscellaneous business.

10. License applications.

11. Public forum.

12. Adjournment.

(b) At the regular meeting on the 3rd Monday of the month:

1. Call to order by the presiding officer.

2. Roll call.

3. Reading and correcting the minutes of the last proceeding meeting or meetings.

4. Receiving petitions, memorials, remonstrances or other communications.

5. Action upon bills and claims.

6. Issuance of building permits.

7. Monthly Treasurer's report.

8. Chief of Police monthly report and commission minutes.

9. Fire District Commission minutes.

10. Reports of committees.

11. Old business.

12. New business.

13. Miscellaneous business.

14. License applications.

15. Public forum.

16. Adjournment.

(2) ORDER TO BE FOLLOWED. No business shall be taken up out of order unless by unanimous consent of all trustees and in the absence of any debate whatsoever.

(3) ROLL CALL; PROCEDURE WHEN QUORUM NOT IN ATTENDANCE. As soon as the Board shall be called to order, the Clerk shall proceed to call the names of the members in alphabetical order, noting who are present and who are absent and record the same in the proceedings of the Board. If it shall appear that there is not a quorum present, the fact shall be entered on the journal and the Board may adjourn or the presiding officer or, in case of his absence, the Clerk may issue a process to any policeman commanding him to immediately summon absentees.

2.15 INTRODUCTION OF BUSINESS.

(1) ORDINANCES, ETC., TO BE IN WRITING. All ordinances, resolutions or other communications 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 same. All written material introduced shall be read by the Clerk and then discussed and acted upon as the Village Board deems appropriate.

(2) 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.

2.16 CONDUCT OF DELIBERATIONS.

(1) The deliberations of the Board shall be conducted in the following manner:

(a) When a motion is made and seconded, it shall be stated by the President or read by the Clerk previous to debate. All resolutions should be made and submitted in writing.

(b) When the question is under discussion no action shall be in order, except the following which shall have precedence in the order listed:

1. To adjourn.

2. To lay on the table.

3. To previous question.

4. To postpone to a certain day.

5. To refer to a committee.

6. To amend; or

7. To postpone indefinitely.

(c) 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 main question.

(d) A motion to adjourn shall always be in order and a motion to adjourn, to lay on the table and a call for the previous question shall be decided without debate.

(e) 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. 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.

3. When required by the Statutes of Wisconsin.

(f) All aye and any votes shall be recorded in the official minutes.

(2) The Board shall in all other respects determine the rules of its procedure, which shall be governed by Robert's Rules of Order, latest edition, unless otherwise provided by ordinances or statute.

2.17 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 at the same meeting.

2.18 CALL OF THE BOARD.

A call of the Board may be ordered at any time by the request of 2 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.

2.19 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. 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.

2.20 APPROPRIATIONS AND ACCOUNTS.

All demands or accounts shall be acted upon at the time of presentation, unless one or more members shall demand a reference. In the latter case the accounts shall be referred to the Finance Committee and lay over until the next meeting, unless the Board by a 2/3 vote of all the members present otherwise disposes of the same.

2.21 PUBLICATION AND EFFECT OF ORDINANCES.

(1) All general ordinances of the Village and all regulations imposing any penalty shall be published in the official paper of the Village once 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 by direction of the Village Board shall be prima facie proof of due passage, publication and recording.

(2) All ordinances shall take effect and be in force from and after passage and publication, unless otherwise provided, and published copies shall have appended the date of first publication. See §61.32, Wis. Stats.

2.22 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 2/3 of all the members of the Board.

2.23 SUSPENSION OF RULES.

These rules shall not be suspended except by a 2/3 vote of all the members of the Board.