Chapter 2.20
BY-LAWS AND RULES OF PROCEDURE FOR THE TOWN BOARD
Sections:
2.20.010 By-laws and rules of procedure for the Town Board of the Town of East Troy.
2.20.020 Time and place of meetings.
2.20.060 Procedures at meetings.
2.20.075 Procedure for the enactment of new Town Code ordinances.
2.20.080 Amendment and suspension of rules.
2.20.090 Communications, legal documents.
2.20.100 Convention and outside meeting expenses.
2.20.110 Receiving and selling real estate property.
2.20.010 By-laws and rules of procedure for the Town Board of the Town of East Troy.
The following are rules and procedures to be followed by the Town Board which shall control the Town Board’s conduct and the running of general government for the Town of East Troy. If there are any provisions that are inconsistent with state statute, state law shall govern. (2008 code § 1.04)
2.20.020 Time and place of meetings.
1. Regular meetings of the Board will be held at the Town Hall, located at N. 9330 Stewart School Road at 6:30 p.m. on the second Monday of each month.
2. The meeting date, time and location may be changed by vote of the Board at least 10 days in advance of the new meeting date.
3. A special meeting may be called in writing by the Chair or by a majority of the Board, with at least 24 hours’ notice. (Ord. 2021-5 § 1; 2008 code § 1.04(1))
2.20.030 Chairperson.
1. The Chairperson and Clerk shall be responsible for preparation of the written agenda of the Board and the agenda items shall be provided to the Clerk at least three business days prior to the meeting.
2. The Chairperson shall recommend for appointment all temporary and permanent committees of the Town for which a specific statutory provision is not made. All appointments are subject to confirmation by a majority vote of the Board.
3. The Board may assign other duties to the Chairperson as necessary.
4. The Chairperson is entitled to vote on all the questions before the Board.
5. A Vice-Chairperson shall be elected by the Board at the first meeting of the Board after members have filed their oaths with the Clerk, or as soon as practicable. The role of the Vice-Chairperson is to act as the Chairperson in the absence of the Chairperson.
6. Wis. Stat. § 60.24 sets forth additional responsibilities and duties of the Town Chairperson.
7. The Chairperson shall also have all the powers and duties as referenced in the latest edition of the Wisconsin Town Officers’ Handbook written by James H. Schneider and edited by Richard J. Stadelman. (Ord. 2021-5 § 1; Ord. 2011-1 § 1. 2008 code § 1.04(2))
2.20.040 Order of business.
1. The order of business shall be as follows:
a. Call to order;
b. Roll call;
c. Pledge of Allegiance;
d. Certification of compliance with the Open Meeting Law;
e. Approval of meeting agenda;
f. Approval of minutes from previous session, special meeting minutes, Plan Commission minutes;
g. Treasurer’s report;
h. Public comments;
i. Reports of Committees.
i. Chairperson and/or Supervisor reports;
ii. Media/IT report;
iii. Department of Public Works report;
iv. Police report;
v. East Troy Area Emergency Services District (ETAESD) report;
vi. Park Committee report;
vii. Booth Lake Memorial Park Board report;
viii. Lake Beulah Management District report;
ix. Recycling Committee report;
x. Library report;
xi. Planning Commission report;
j. Old business;
k. New business lawfully before the Board;
l. Attorney report: resolutions and ordinances;
m. License and special event applications;
n. Special and pending meetings;
o. Review bills for payment;
p. Adjournment.
2. Every motion or amendment shall be reduced to writing if requested by a Board member.
3. The order of business may be changed during a meeting under suspension of the rules by a majority of the Board.
4. Additional matters may be placed on the order of business by any member of the Board or the Town Clerk; provided, that such items are added to the agenda consistent with the requirements set forth under Wis. Stat. Ch. 19. (Ord. 2023-3 § 1; Ord. 2021-5 § 1; Ord. 2011-1 § 2. 2008 code § 1.04(3))
2.20.050 Written agenda.
1. The Clerk is authorized and instructed to prepare a written agenda for each meeting under the direction of the Chairperson. Supervisors wishing to place an item on the agenda shall have it to the Clerk five days in advance of the meeting.
2. The agenda, along with appropriate attachments, shall be made available for each Board member at least two business days before the meeting.
3. Items for action, not appearing on the written agenda or not delivered with the agenda shall be out of order and shall not be considered for action by the Board at that particular meeting.
4. Repealed by Ord. 2021-5.
5. A matter not on the agenda brought before the Board for an important reason of timing, may be heard by the Board and placed on the agenda for action at the next meeting.
6. For a matter not on the agenda, but considered to be an emergency, the two-hour notice requirement of Wis. Stat. § 19.84(3) shall be followed. (Ord. 2021-5 § 1; 2008 code § 1.04(4))
2.20.060 Procedures at meetings.
1. Repealed by Ord. 2021-5.
2. The names of members making and seconding motions and amendments will be entered in the minutes. The vote of each member on each question shall be recorded.
3. A unanimous oral vote will be recorded as an affirmative unanimous roll call vote.
4. On a tie vote the matter loses.
5. The Chairperson shall recognize the Clerk, Treasurer, Town Attorney, Supervisors or employee of the Town at any time to speak on a matter under consideration.
6. Persons wishing to speak during the public comments section of the order of business shall be recognized by the Chairperson and may speak no longer than four minutes except with unanimous consent of the Board. (Ord. 2023-4 § 1; Ord. 2021-5 § 1; Ord. 2011-1 § 3. 2008 code § 1.04(5))
2.20.070 Motions.
1. A motion is a proposal for the Board to take action. Only motions made by Board members are in order. When a motion or question is under consideration, no other motion shall be entertained except:
a. To adjourn;
b. To lay on the table;
c. For the previous question;
d. To postpone to a day certain;
e. To commit to committee;
f. To amend or to substitute;
g. To postpone indefinitely.
These motions take precedence in the order in which they stand in this section.
2. A motion to adjourn, lay on the table, or for the previous question is not debatable.
3. A substitute is open to amendment the same as the original proposition.
4. If an amendment or substitute is lost, another motion that is substantially the same shall not be in order.
5. In the absence of a specific rule of the Board, the rules of parliamentary practice included in the most recent edition of Robert’s Rules of Order govern the action of the Board.
6. When a motion or question has once been determined, any member who voted with the prevailing side may move reconsideration of the vote, but the motion must be made and acted upon at the same or next meeting. (Ord. 2011-1 § 4. 2008 code § 1.04(6))
2.20.075 Procedure for the enactment of new Town Code ordinances.
1. Authority. The Town Board derives its authority directly from State statutes. With the adoption of village powers, the Town of East Troy has additional authority to enact ordinances if they promote the public health, safety and general welfare of Town residents. The procedure listed herein shall be required for all ordinances presented or brought to the Town Board, no matter the manner in which it is brought to the Board for consideration, prior to enactment of the same.
2. Purpose. By enacting the ordinance codified in this section, the Town Board believes that the protections mentioned above include providing the residents of the Town of East Troy a clear and transparent outline of how new ordinances that may affect them are enacted. The purpose of this section is to establish specific procedures for the Town Board in the consideration of and approval of new ordinances.
3. Adoption of State Statute or Administrative Code Sections. For every heretofore ordinance and every hereafter new ordinance that incorporates by reference the Wisconsin Statutes or the Wisconsin Administrative Code by chapter, subchapter, section, subsection, or any part thereof within the Town Code, such incorporation or reference shall mean such statute or administrative code section or part thereof as amended or renumbered, from time to time.
4. Identification of New Regulation. If a new Town Code section not heretofore existing is to be added, the following language shall be included in the ordinance draft: “That the Town of East Troy Town Code is hereby amended by adding a section to be numbered _____, which section reads as follows ….” The new section shall then be set out in full as desired.
5. Reading of New Ordinances. There is no state law that governs the reading of ordinances prior to their being voted on by a municipal governing body. Any requirement that an ordinance be given a certain number of readings is local in nature and can be modified or eliminated if the governing board desires. However, in furtherance of the purpose stated above for all new ordinances, the Town Board shall allow for two readings prior to enactment of a new Town ordinance. It is preferred that the reading of a new ordinance be done at two separate but continuous monthly board meetings; however, the Board shall have the option of allowing a second reading at the same Town Board meeting as the first reading if approved by a majority of the Board.
6. Authority to Instruct Town Attorney to Draft New Ordinances. The Town Attorney shall be given authority to draft a new Town ordinance only after a majority of the Town Board has voted to give him or her that authority by motion. A roll call vote for that authority to record the ayes and noes shall be taken if the Town Board members do not unanimously approve said motion.
7. Severability. Should any portion of this section be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected.
8. Effective Date. The Town Clerk shall properly post or publish the ordinance codified in this section as required under Wis. Stat. § 60.80. (Ord. 2024-6 § 1)
2.20.080 Amendment and suspension of rules.
The rules of the Board may be amended only by a majority vote of the members of the Board. (Ord. 2011-1 § 5. 2008 code § 1.04(7))
2.20.090 Communications, legal documents.
1. Communication, including petitions, shall be dated and recorded by the Clerk as part of the minutes for the meeting at which they are received.
2. Legal instruments with the original signatures shall be retained in the office of the Clerk. (2008 code § 1.04(8))
2.20.100 Convention and outside meeting expenses.
1. Supervisors and the Town Chairperson are encouraged to attend meetings, conventions and educational sessions to gain information that is beneficial to the Town and not to exceed the budgeted amount in any given year without prior approval of a majority of the Board.
2. Claims for reimbursement of meeting expenses are to be itemized and accompanied by receipts. (Ord. 2011-1 § 6. 2008 code § 1.04(9))
2.20.110 Receiving and selling real estate property.
When authorized by the Town Meeting to act, the Board may purchase any land within the Town for present or anticipated Town purposes and may also dispose of Town property, other than property donated to the Town and required to be held for a special purpose. (Ord. 2011-1 § 7. 2008 code § 1.04(10))
2.20.120 Budget requirements.
1. The Town Board is responsible for overseeing preparation of the budget in its responsibilities under Wis. Stat. § 60.40, and is responsible for preparation of the proposed budget required under Wis. Stat. § 65.90, with the final proposed budget to be approved by majority vote of the Town Board.
2. The Clerk is to assist the Town Board by providing the information required under Wis. Stat. § 65.90 and assist preparing the actual document.
3. The budget hearing shall be set to follow on the same date a special meeting of the electors of the Town if necessary to establish the levy or the limit of highway expenditures to be made by the Board under Wis. Stat. § 82.03. (Ord. 2011-1 § 8. 2008 code § 1.04(11))