Chapter 5

ADMINISTRATION OF GOVERNMENT

[HISTORY: Adopted by the Village Board of the Village of Holmen 10-12-2000 by Ord. No. 1.00. Amendments noted where applicable.]  

GENERAL REFERENCES

 Elections — See Ch. 54.

 Board of Police Commissioners — See Ch. 134.

 Board of Review — See Ch. 144.

  

§ 5-1.  Elective officers.

The elective officers shall be the Village President and six Trustees. 

A.     The President shall be chosen at the annual spring election in odd-numbered years. 

B.     The Trustees' term of office shall be two years, three of whom shall be elected each year. 

C.     Vacancies. [Added 8-13-2009 by Ord. No. 1.09] 

(1)    A vacancy in any elective Village office may be filled by Presidential appointment subject to majority approval of the members of the Village Board for the residue of the unexpired term or until a special election is held under Subsection C(2). 

(2)    A vacancy in any elective office in the Village may be filled by special election of a successor for the residue of the unexpired term on the first Tuesday of April next after the vacancy happens if it happens no later than December 1 preceding the first Tuesday in April, but if the vacancy happens after December 1 preceding the first Tuesday of April, then the successor shall be elected on the first Tuesday of April of the next ensuing year, and if the vacancy occurs before June 1 of the year preceding the expiration of the term of office, the Village Board of Trustees may order a special election to fill the vacancy to be held on the Tuesday after the first Monday in November following the date of the order. A person so elected shall serve for the remainder of the unexpired term.     

§ 5-2.  Election. 

A.     Candidates for elective Village offices shall be nominated by nomination papers, and elected by nonpartisan primary where required, under the following rules and procedures in accordance with s. 8.05(4), Wis. Stats: 

(1)    Nomination of candidates for elective Village offices shall be accomplished by nomination papers and nonpartisan primary for all elections conducted after January 1, 1980. 

(2)    Nomination papers shall be signed by not less than 20 nor more than 100 electors of the Village. The papers shall be circulated no sooner than December 1 preceding the election and shall be filed with the Village Clerk no later than 5:00 p.m. the first Tuesday in January, or the next day if Tuesday is a holiday. 

(3)    Notice of election shall be given pursuant to the requirements of s. 10.01(2)(a) and s. 10.06(3)(a), Wis. Stats. 

(4)    When the number of candidates for an office does not exceed twice the number to be elected, their names shall appear on the official ballot for the regular election without a primary. 

(5)    When the number of candidates for an elective office exceeds twice the number to be elected to the office, the Village will hold a nonpartisan primary to determine which candidates shall appear on the official spring election ballot.   

B.     The annual election shall be held on the first Tuesday of April. 

C.     Special elections may be held when ordered by a majority of the Village Board. The Clerk shall publish the notices required under s. 10.06(3)(f), Wis. Stats., beginning 30 days prior to the date of the special election. 

D.     Within five days after the election the Village Clerk shall notify the person so elected thereof in writing, and within five days of such notice every person so elected shall take and file the official oath. 

E.      All election procedures shall comply with the applicable provisions of Wisconsin Statutes.   

§ 5-3.  Duties and salary. 

A.     The duties of the Village officers shall be as enumerated in ss. 61.24 through 61.32, Wis. Stats., except that no officers shall be required to file a bond unless specifically required to do so by s. 1.05(c)(12), Wis. Stats., of this code. 

B.     The Village President shall receive the sum of $3,000 per year and each member of the Board of Trustees shall receive a salary of $1,800 per year as compensation for services rendered as such officers. Board members will receive $30 for each special Board meeting attended. 

C.     The Village President shall receive the sum of $200 per month and each member of the Board of Trustees shall receive $25 per month for expenses. Expenses are deemed taxable unless a receipt or written documentation is provided. Board members are responsible for all expense documentation. [Amended 6-14-2001 by Ord. No. 2.01]   

§ 5-4.  Appointed officials. 

A.     Enumerated. The following shall be the appointed officials of Holmen: 

(1)    Village Administrator. 

(2)    Village Clerk. 

(3)    Village Treasurer. 

(4)    Village Assessor. 

(5)    Deputy Village Clerk. 

(6)    Chief of Police. 

(7)    Members of boards and commissions. 

(8)    Weed Commissioner. 

(9)    Park Commissioner.   

B.     Manner of appointment. Unless otherwise provided, the enumerated officials shall be appointed by the Village President, subject to confirmation by the Village Board. 

C.     Term of office. Unless otherwise provided by statute or ordinance, appointed and employed officials shall serve indefinite terms, at the pleasure of Board, beginning upon Board confirmation.   

§ 5-5.  Village Administrator. 

A.     Creation and purpose. In order that various officers, officials, and employees and departments executing policy and administering the affairs of the Village of Holmen, Wisconsin, operate as efficiently as possible under a system of part-time President and part-time Trustees, and to better ensure competent, expeditious, efficient and harmonious administration and action in respect to any activity common to any one or more of the Village's officers, officials and departments, and in order that there may be a uniform administration of policy, there is hereby created the office of Village Administrator for the Village of Holmen, Wisconsin. 

B.     Office of Village Clerk and Village Administrator combined. The offices of Village Clerk and Village Administrator shall be held by the same person. The Village Administrator shall be appointed and shall hold office for an indefinite term, subject to removal by the Village Board. 

C.     Power and duties of Village Administrator. In addition to the regular duties of the Village Clerk, the Village Administrator shall have the following duties: 

(1)    To attend all official meetings of the Board and its committees unless excused by the Board or the committee, and collaborate with the Board on important matters pertaining to Village administration, business and affairs; and to make recommendations from time to time for improving the quality and efficiency of the services performed by the Village. 

(2)    Unless otherwise prearranged or at the option of the Village President and Committee Chairman, prepare the agenda and order of business for all board and committee meetings. Nothing herein shall be so construed as to give the Village Administrator authority to limit or in any way prevent matters from being considered by the Board or its committees. 

(3)    To establish such methods of handling details of administration as will, in his opinion, best promote efficiency in municipal government. 

(4)    To administer the operation and maintenance of all Village-owned property, lands, buildings, improvements and equipment, and all public ways, ditches and drains and storm sewers. 

(5)    To administer the construction and maintenance of all public ways, public works, and improvements undertaken either directly or indirectly by the Village. 

(6)    To prepare annually and submit to the Board a financial budget of anticipated income and expenditures for the ensuing fiscal year, and supervise and control the expenditures of money and the administration of such budget as adopted. 

(7)    Act as purchasing agent directing the purchase of materials, supplies, equipment, and service of every kind and character for any and all departments and subdivisions of the Village. 

(8)    Act as personnel officer for the Village, recommend salary and wage scales and working conditions for those officers, officials, or employees not covered by collective bargaining agreements and maintain a current personnel file for all the departments. 

(9)    Inquire into and settle pursuant to existing Village policy or otherwise report to the Village Board any dispute concerning the activities of any department or office in connection with interdepartmental relations or with persons having business with the Village. 

(10)  Such other administrative duties and powers not inconsistent with ordinances may be prescribed by the Board from time to time. 

(11)  See that all Village ordinances are efficiently enforced. 

(12)  May appoint a Deputy Clerk upon approval of the Board, who shall act under the Administrator's direction and for whom he is responsible. Such person shall take and file the oath of office and bond and shall perform the Clerk duties in the event the Clerk is absent, disabled or ill.     

§ 5-6.  Composition of Village Board; quorum.

The Trustees and the President shall constitute a Board designated the Village Board of Holmen, hereinafter referred to as the "Board." Four Trustees shall constitute a quorum, but a lesser number may adjourn from time to time. The President shall preside at all meetings when present. In his absence the Board may select another Trustee to preside. 

§ 5-7.  Village Board meetings.

The regular meeting dates of the Board shall be the second Thursday of every month. The regular monthly meeting shall start at 7:00 p.m. Special meetings may be called by any two Trustees by filing a written request therefor with the Village Clerk, who shall notify the President and all Trustees of such special meeting and its purpose in writing. All meetings shall be open to the public. The Board shall keep a record of all its proceedings and publish the same in a newspaper published or having general circulation in the Village. 

§ 5-8.  Powers of Village Board. 

A.     Order. The Board Chair shall have the power to preserve order at its meetings, compel attendance of Trustees and punish nonattendance and shall be the judge of the election and qualification of its members. 

B.     Powers. The Board shall retain all the powers of the Village not specifically delegated to some other officer. Except as otherwise provided by law, the Board shall have the management and control of the Village property, finances, highways, streets, and the public service and shall have 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. The Board may implement its powers by license, regulation, borrowing, taxation, special assessment, appropriation, fine, imprisonment and other necessary or convenient means. The powers hereby confirmed shall be in addition to all other grants and shall be limited only by express language. 

C.     Substitute officers. If any officer is absent or temporarily incapacitated from any cause, the Board may appoint some person to discharge the officer's duties until the officer returns or until the disability is removed. 

D.     Open Meeting Law. The Chair of each committee, subcommittee, special committee, standing committee, commission or board shall have the primary responsibility for complying with ss. 19.81 through 19.98, Wis. Stats., known as the "Open Meeting Law." The Chair or his/her designee shall notify the Village Clerk as to how notices shall be conveyed to the news media. Those committees that desire notification to be made through the Village Clerk's office shall so designate in writing.   

§ 5-9.  Standing rules of Village Board.

The Board shall adhere to the following procedural rules and order of business, unless they shall be temporarily suspended by unanimous consent: 

A.     Order of business. The order of business at the regular meeting shall be generally as follows: 

(1)    Roll call. 

(2)    Approval of minutes of previous meeting(s). 

(3)    Confirmation of appointments when provided. 

(4)    Presentation from committees of resolutions, ordinances and petitions. 

(5)    Unfinished business. 

(6)    Other items to come before the Board. 

(7)    Adjournment.   

B.     At the appointed hour, the Clerk shall determine if a quorum is present. If a quorum is present, the President, or, in his absence, a Chairman chosen by the Board, shall call the Board to order and the Board shall proceed to business. If a quorum is not present, the Board shall adjourn. 

C.     All resolutions and amendments to any document shall be put in writing before being acted upon. 

D.     Before speaking, every member shall address the Chair, and, once recognized, shall not be interrupted except by a call to order. 

E.      When a member is called to order, he shall not proceed, except in explanation, without leave of the Board. 

F.      No member shall speak upon any question more than twice without permission of the Board. 

G.     The Board Chair shall call the yes and no for each vote. 

H.     Any member voting in the majority may move for a reconsideration at the same or next meeting, and if a majority are in favor, the issue shall be reconsidered. 

I.       The Village Administrator shall establish the order of the meeting agenda. 

J.       Parliamentary rules. 

(1)    Roberts' Rules of Order, current edition, shall prevail regarding the parliamentary procedure when not in conflict with any Wisconsin Statute or rule of the Board. 

(2)    Motion under consideration. 

(a)     When a motion is under consideration, no other motion shall be entertained except:  

[1]    To adjourn.  

[2]    To recess.  

[3]    To lay on the table.  

[4]    For previous question.  

[5]    To postpone to a day certain.  

[6]    To refer to committee.  

[7]    To amend or to substitute.  

[8]    To postpone indefinitely.   

(b)     These several motions shall take precedence in the order in which they stand in this rule. The motion to adjourn shall be in order if the member making it has the floor. This motion and the motion to lay on the table shall be decided without debate.   

(3)    Except as otherwise provided, meeting procedures outlined ss. 61.32, Wis. Stats., shall apply.   

K.     Addressing the Board. No one other than a Board member or a department head when requested by a Board member will be allowed to speak except by the permission of the Board. A majority vote shall be required. There shall be a five-minute limit on presentations unless the Board allows more. 

L.      Referral to committee. 

(1)    Any resolution, ordinance or motion, sponsored by an individual, not on the agenda or not previously reviewed or studied by an appropriate committee shall, without motion, be referred by the President to an appropriate committee unless this rule is waived by a 2/3 vote of the members present. 

(2)    All legislation referred to a committee shall be reported out to the full Board within 90 days of its referral.   

M.     Suspension of rules. Unless prohibited by Wisconsin Statutes, rules may be suspended at any meeting by a 2/3 vote of those present.   

§ 5-10.  Standing committees and special committees. 

A.     The Board shall conduct its business through the following standing committees, each of which shall consist of three Trustees appointed by the President and confirmed by the Board: 

(1)    Finance and Personnel. 

(2)    Public Works. 

(3)    Law Enforcement. 

(4)    Park, Recreation and Library. 

(5)    Economic Development.   

B.     Special committees. Special committees may be created on motion or by resolution designating the number and object and shall be appointed by the President unless otherwise ordered.   

§ 5-11.  Planning Commission. 

A.     Appointment. The Village Planning Commission shall consist of seven members as follows: the President of the Board of Trustees, who shall be its presiding officer; Director of Public Works; Village Administrator; a Trustee; and three citizens. Citizen members shall be persons of recognized experience and qualifications. The Trustee member of the Commission shall be elected by a 2/3 vote of the Board, upon creation of the Commission and each April thereafter. The three citizen members shall be appointed by the President upon creation of the Commission to hold office for a period ending one, two, and three years, respectively, from the succeeding first day of May, and thereafter annually in April, one such member shall be appointed for a term of three years. All vacancies on the Village Planning Commission shall be filled for the unexpired term in the same manner as appointment for the full term. No compensation shall be paid for service on the Planning Commission. Citizen members shall take the official oath which shall be filed with the Village Clerk. 

B.     Organization. When all members of the first Planning Commission have been appointed, the Clerk shall give each member a written notice of the appointment, and thereon shall fix the time and place of the first meeting, which shall be not less than five nor more than 10 days thereafter. The Planning Commission shall then organize by electing a Vice Chairman, Secretary, and such other officers as they may deem necessary. The Commission shall keep a written record of its proceedings, to include all actions taken, a copy of which shall be filed with the Village Clerk. Four members shall constitute a quorum. 

C.     Powers and duties. 

(1)    The Planning Commission shall make and adopt a Master Plan for the Village's physical development, shall consider and report to the Board on any plats of land within the Village's platting jurisdiction, shall have the powers and duties prescribed in s. 62.23, Wis. Stats., and such other powers and duties as the Board shall vest in it from time to time. 

(2)    The Planning Commission may obtain expert advice and employ such staff as may be necessary and proper within the limits of the budget established by the Board of Trustees or placed at its disposal through gift, and subject to any ordinance or resolution enacted by the Board of Trustees. Whenever possible, the Commission shall utilize the services of existing Village officials and employees.     

§ 5-12.  Board of Zoning Appeals. 

A.     Membership. The Board of Zoning Appeals shall consist of five members appointed by the Village President subject to confirmation by the Village Board to serve three-year terms; except that of those first appointed, one shall serve for one year, two for two years, and two for three years. The members shall be removable by the Village President for cause upon written charge and a hearing. 

B.     Powers and duties: as granted under Chapter 195, Zoning, and s. 61.35 and s. 62.23(7)(e), Wis. Stats.   

§ 5-13.  Board of Review.

The Board of Review shall consist of the Village President, the Village Clerk and two Board members. The members of the Board shall receive just compensation, to be determined annually during budget preparation by the Board, for the days on which the Board of Review is in session. 

§ 5-14.  Special assessments payments. 

A.     Special assessment payments may be paid in cash until the due date of the billing therefor, or in annual installments if the assessment exceeds $400, the maximum terms of which, except as otherwise provided herein, shall be as follows: 

(1)    Assessments to one property owner of $400 or less shall be paid by December 31 of the year of project construction. 

(2)    Assessments to one property owner of $401 or more shall be paid over 10 years.   

B.     The unpaid balance of any special assessment levied hereunder shall bear interest from the original due date thereof at a rate which shall be determined by the Village Board prior to the publication of the notice required by s. 66.54(7)(e), Wis. Stats., relative to the payment of annual installments of special assessments and such rate shall be specified in said notice. 

C.     The special assessment interest rate is hereby established annually as determined by the Village Board. The rate shall apply until changed by resolution of this Board, with this Board to review such interest rate annually in December.   

§ 5-15.  Delinquent personal property tax.

Effective 1997, all delinquent personal property taxes shall bear interest at 1% per month until paid. Personal property taxes become delinquent on the first day of February for the prior year's tax. 

§ 5-16.  Duty of Weed Commissioner to enforce statute.

The Village Weed Commissioner shall enforce and administer the state's noxious weed statute, s. 66.96(4), Wis. Stats.