Chapter 2.05
TOWN BOARD
Sections:
2.05.010 Authority to manage and direct town.
2.05.020 Confirmation of statutory authority.
2.05.030 Membership of town board – Compensation – Expense reimbursement.
2.05.050 Notice of meetings of the town.
2.05.070 General statutory authority, powers and duties of town board.
2.05.110 Robert’s Rules of Order, Newly Revised.
2.05.010 Authority to manage and direct town.
The town board has the specific authority, powers and duties, pursuant to Wis. Stats. Ch. 60 (Wis. Stats. Section 60.01 et seq.), and has, with authorization of the town meeting, additional statutory authority, powers and duties to manage and direct certain affairs of the town. In addition, the town board has additional general and specific statutory authority, powers and duties established within other statutes and such grant shall continue without limitation until rescinded as provided by law. Such grant shall include, without limitation by enumeration, those specified in Wis. Stats. Section 60.10(2). [Code 2002 § 2-1.]
2.05.020 Confirmation of statutory authority.
The town of Richmond has adopted village powers as authorized under state statutes as of April 23, 1956. [Ord. 47 § 5, 2002. Code 2002 § 2-2.]
2.05.030 Membership of town board – Compensation – Expense reimbursement.
The town board shall consist of five members. The town board shall be designated the “town board of the town of Richmond.” The town meeting of the town may establish a rate of compensation for the town board members beginning in the next term. The town board may establish a rate of expense reimbursement at any time for the expense reimbursement of any town board member during the current term. [Code 2002 § 2-3.]
2.05.040 Quorum.
A legal quorum of a town board is a majority of the members of the town board. The current town board consists of five members, of which three members shall be a legal quorum when they are in attendance at any duly called and any duly authorized public meeting of the town board. [Code 2002 § 2-4.]
2.05.050 Notice of meetings of the town.
The notice of each and every public meeting shall be posted in accordance with Wis. Stats. Section 19.84. [Code 2002 § 2-5.]
2.05.060 Open meetings.
A meeting of the town board may be held within the town or in any town, city or village within or adjoining the town, subject to the open meeting provisions of Wis. Stats. Ch. 19 (Wis. Stats. Section 19.01 et seq.). [Code 2002 § 2-6.]
2.05.070 General statutory authority, powers and duties of town board.
The town board has the specific powers and specific duties noted in this section that are established in Wis. Stats. Sections 60.22 and 60.23. These powers and duties are as follows:
(a) Charge of Town Officers. The town board has charge of all public affairs of the town not committed by law to another body or officer or to a town employee of the town.
(b) Charge of Actions. The town board has charge of any action or legal proceeding to which the town is a party.
(c) Pursue Claims of Town. The town board shall demand payment of penalties and forfeitures recoverable by the town and damages incurred by the town due to breach of any official bond, any injury to property or other injury. If, following demand by the town board, payment is then not made, the town board shall pursue appropriate legal action to recover the appropriate penalty, forfeiture or damages.
(d) Miscellaneous Powers. The town board adopts the authority to participate, enact or appropriate monies for any or all of the activities listed in Wis. Stats. Section 60.23. [Code 2002 § 2-7.]
2.05.080 Regular meetings.
(a) The regular meeting of the town board will be held at the Town Hall, located at W9046 County Highway “A,” at 7:00 p.m. on the third Tuesday of each month, or at a time determined by the town board.
(b) Any regular meeting of the town board falling upon a legal holiday shall be held on the day designated by the town board.
(c) Any meetings of the town board, including any special or adjourned meetings, that are not held at the Town Hall but at any other substitute location, shall be designated by the town chair or his designee, in compliance with the open meeting law, by posting a proper written notice of the substituted location at the three usual and customary posting locations likely to give notice. This notice shall occur at least 24 hours prior to the meeting of the town board, unless in an emergency wherein the proper notice posting shall occur at least two hours prior to the meeting of the town board. [Ord. dated 6/13/2006. Code 2002 § 2-31.]
2.05.090 Special meetings.
(a) Any special meeting of the town board may be called by any two members of the town board in writing with the written call for the special meeting of the town board filed with the town clerk at least 24 hours prior to the proposed special meeting of the town board with the time specified in the written call for the special meeting.
(b) No special meeting of the town board shall be held unless the notice requirement of the state open meeting law, pursuant to Wis. Stats. Section 19.84, has been complied with by the person requesting the public meeting.
(c) The town clerk, upon receipt of the written call for the special meeting of the town board, shall immediately notify, in writing, each member of the town board by delivering the written notice or by having the written notice delivered personally or via fax to each member of the town board. If any member of the town board cannot be personally notified in writing, then the town clerk shall deliver or have delivered a copy of the written notice at the home of any such member of the town board in the presence of an adult member of the family of the town board member. If any member of the town board cannot be noticed in writing through an adult family member as noted in this subsection, then the town clerk shall post such special meeting written notice in the three usual and customary locations noted in RMC 2.05.080. The town clerk shall also attempt to notify the town board member who cannot be served with the notice of the special meeting by emailing their personal email, if known, and/or leaving a message on their telephone answering machine.
(d) The town clerk shall file proof of service of such special meeting notice by filing an affidavit noting the time, place and locations of authorized service of the special meeting notice upon the town board of the town. If personal service upon any member of the town board was not completed, then the town clerk shall so state in the affidavit the type of service or written notice completed.
(e) Special meetings of the town board may be held without such service and notice when all members of the town board are present in person or consent in writing to the holding of any special meeting of the town board. Any consent by any member of the town board shall be filed by the town clerk prior to the beginning of any special meeting of the town board.
(f) Special meetings of the town board attended by a quorum of the members shall be considered a regular meeting of the town board for the transaction of any town business that may come before the town board if such regular town business was so noted in the written notice to the public as required by the state open meeting law, Wis. Stats. Section 19.82. [Code 2002 § 2-32.]
2.05.100 Adjourned meetings.
The town board may, by majority vote, adjourn any special meeting of the town board from time to time to a specific date and hour. The adjournment to the specific time and place will be in compliance with the open meeting law. [Code 2002 § 2-33.]
2.05.110 Robert’s Rules of Order, Newly Revised.
Unless other rules of conduct are specifically adopted and codified by ordinance by the town board, the town board and the meetings of the town board shall be governed by procedures established in Robert’s Rules of Order, Newly Revised. [Code 2002 § 2-34.]