State of Wisconsin

Village of Summit

Waukesha County

ORDINANCE NO. 1-2010

ORGANIZATION OF THE VILLAGE OF SUMMIT

Whereas, on June 15, 2010, a referendum was held in which a majority of electors in the Town of Summit, located in Waukesha County, Wisconsin, voted in favor of the town incorporating as a Village; and

Whereas, on July 29, 2010, the Wisconsin Secretary of State issued a Certificate of Incorporation legally establishing and recognizing Summit's status as the Village of Summit;

Now, therefore, pursuant to Section 66.0101 Wisconsin Statutes [Wis. Stats. § 66.0101], and other applicable laws, the acting Village Board of the Village of Summit, Waukesha County, Wisconsin, does hereby ordain as follows:

Part I of the Code of the Town of Summit, entitled "Administrative Legislation," Chapters entitled "7. Boards, Commissions and Committees, Article I Plan Commission"; "36. Officers and Employees"; and "57. Town Board"; along with "Section 97-14. Cemetery Trustees" are hereby repealed.

The Village of Summit shall be organized consistent with the following:

The several sections of this charter ordinance are declared to be severable. If any section or portion thereof shall be declared by a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and shall not affect the validity of any other provisions, sections or portions thereof of the charter ordinance. The remainder of the charter ordinance shall remain in full force and effect. Any other ordinances whose terms are in conflict with the provisions of this charter ordinance are hereby repealed as to those terms that conflict.

This charter ordinance shall take effect 60 days following its passage and publication as provided by section 66.0101(5), Wisconsin Statutes [Wis. Stats. 66.0101(5)].

Adopted this 29th day of July, 2010.  

A.

Constituted. The village board shall consist of the village president and four trustees, all of whom shall be elected from the village at large. Nomination papers shall be used for nomination to elective village offices, pursuant to the procedures described in section 8.05(4), Wisconsin Statutes [Wis. Stats. § 8.05(4)].

B.

Term of office.

1.

The four trustees elected at the first election on September 14, 2010, shall serve terms as follows:

a.

The term of office of the two candidates receiving the highest number of votes in the first election shall be through April 17, 2012.

b.

The term of office of the two candidates receiving the third and fourth highest number of votes in the first election shall be through April 19, 2011.

c.

Following this initial term identified in sections (a) and (b) above [subsections B.1.a and b of this section], thereafter, the term of office of all trustees shall be two years.

2.

The term of the village president elected at the first election on September 14, 2010, shall be through April 19, 2011. Following the initial term, the term of office of the village president shall be two years, with election on odd-numbered years per section 61.19, Wis. Stats. [Wis. Stats. § 61.19].

C.

Compensation.

1.

The compensation for all village trustees and village president shall be as determined by the village board, provided salaries and compensation rates of elected officials shall not be increased or decreased during their terms of office.

2.

The village president and trustees may budget annually and receive reimbursement for travel, training and attendance at conferences and seminars.

A.

Regular meetings. Regular meetings of the village board shall be held at least once during each calendar month, on such day, at such hour and at such place as the board shall designate.

B.

Special meetings.

1.

Special meetings of the village board may be called by the president or two members of the village board pursuant to section 61.32, Wis. Stats. [Wis. Stats. § 61.32].

2.

Appropriate public notice of any such meeting shall be given according to Wisconsin Statutes.

3.

Any special meeting attended by the village president and trustees shall be considered a regular meeting to transact any business that may come before the board.

C.

Open meetings. All meetings shall comply with the notice and other requirements of the Wisconsin Open Meeting Law.

A.

Designated. The village president shall preside. In the absence of the president, the village clerk shall call the meeting to order and preside until the trustees present shall elect one of their members as the temporary presiding officer. If the president appears while the meeting is in session, the temporary presiding officer shall vacate the chair.

B.

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 the latest revision of Robert's Rules of Order and/or A Guide to Parliamentary Procedure for Local Governments in Wisconsin, unless otherwise provided by statute or by these rules.

C.

Decisions, appeals from. Any member may appeal from a decision of the presiding officer. Such appeal is not debatable and shall be sustained by a three-fourths majority vote of the members present, excluding the presiding officer.

A.

Roll call; procedure when quorum not in attendance. As soon as the village board is called to order, the presiding officer shall proceed to call the names of the members, noting who is present and who is absent, and the result will be recorded the same in the proceedings of the board. If there is not a quorum present, the fact shall be entered in the minutes and the board may adjourn; or the village president, or in his/her absence the village clerk, when requested by two or more members, may issue a process to any law enforcement officer commanding them to summon all of the absentees to the meeting. Any member of the board who is unable to attend a properly noticed meeting of the board, shall give written or oral notice if his/her inability to attend to the clerk as soon as practical.

B.

Quorum. A majority of the members of the village board shall constitute a quorum. The village president shall be counted in computing a quorum. A majority vote of all members of the board in favor of any proposed ordinance, resolution, or appointment shall be necessary for passage or approval, unless a larger number is required by statute, law or other applicable rule.

The deliberations of the village board shall be conducted in the following manner:

A.

When a member is about to speak, he/she shall address the presiding officer, and the presiding officer shall recognize the member entitled to speak. When two or more members simultaneously seek recognition, the presiding officer shall name the member who is to speak first. A member shall confine his/her remarks to the question under discussion.

B.

No person other than a member shall address the board, except by vote of a majority of the members present, or during a period when the presiding officer has opened the meeting for public discussion.

C.

Any member desiring to terminate debate may "call the question," in which event the presiding officer shall announce the question substantially as, "Shall the question now be called?" If two-thirds of the members present vote in the affirmative, the main question shall be voted upon without further debate, its effect being to put an end to all debate and bring the board to a direct vote, first upon any pending amendments and then upon the main question.

D.

Any trustee may demand a roll call vote on any matter, and such vote shall be entered in the proceedings.

E.

The president shall vote as a member of the board.

F.

No member of the board shall vote upon any proposed ordinance, order, resolution or proposition in which he/she may be personally interested other than as a citizen of the village. A board member may not change his/her vote on any question after the result has been announced.

G.

Any member of the board shall have the right to protest against any ordinance of the board, which he/she may think injurious to the public or to any individual, and have his/her reasons for his/her protests entered upon the records.

The presiding officer shall maintain order and decorum, and may order any person to leave a village meeting if the person has conducted himself/herself in a disorderly manner and persisted in such conduct after being directed by the presiding officer to cease the conduct. If the person refuses the presiding officer's order to withdraw, the presiding officer may order a law enforcement officer to take the person into custody until the meeting is adjourned.

A.

Village clerk/village treasurer.

1.

Change in selection method. Pursuant to sections 61.195, 61.197 and 66.0101(4), Wis. Stats., the Village of Summit hereby elects not to be governed by those portions of sections 61.19, 61.23 and 61.25(2), Wis. Stats., which relate to the selection and tenure of the village clerk and village treasurer, and which are in conflict with this section.

2.

Appointment of village clerk/treasurer. The village clerk/treasurer shall be appointed by the village president at a regularly scheduled village board meeting, subject to confirmation by a majority vote of the members of the village board. Appointments shall be in writing and made for a fixed term not to exceed three (3) years, subject to removal as provided by law.

3.

Duties of the village clerk/treasurer. The village clerk/treasurer shall perform the statutory duties of the village clerk as outlined in section 61.25, Wis. Stats., and the village treasurer as outlined in section 61.26, Wis. Stats, and such other duties as described in the job description adopted by the village board and amended from time to time.

B.

Intentionally omitted.

C.

Village assessor. The village assessor shall be appointed by the village board and assume duties pursuant to section 61.27, Wis. Stats. [Wis. Stats. § 61.27].

D.

Village administrator.

1.

Appointment of the village administrator. The village administrator shall be appointed by the village board. Following his/her appointment, the administrator shall take office. The administrator shall serve in accordance with a written job description or contract approved by the village board and shall be commonly referred to as the village administrator. The administrator shall be appointed on the basis of merit with due regard to training, experience, administrative ability and general fitness for the office as shall be determined by the village board.

2.

Functions and duties. The administrator shall be the chief administrative officer of the village, responsible to the village board for the proper administration of the business affairs of the village, pursuant and subject to the statutory and case law of the State of Wisconsin, the resolutions and ordinances of the village, and the directives of the board, with such powers and duties as are delegated.

E.

Other offices. Pursuant to section 61.195, Wis. Stats. [Wis. Stats. 61.195], the Village of Summit hereby abolishes the offices of constable and marshal.

(Ord. No. 1-2010, § 2, 7-29-2010; Ord. No. 47-2017, § 1, 6-1-17)

A.

Definitions.

1.

Commission or board. A permanent body of the village whose members are officially appointed and empowered to exercise designated governmental functions. When used in this section 1.08, the term "board" shall not include the village board.

2.

Committee. An official body of the village to which has been delegated particular duties which are to be performed in the expectation that such acts will be confirmed by the village board, or that its recommendations and advice will be of aid and assistance to the village board in determining what acts and functions the village should perform. The village board shall set the duties and tenure of all committees. All committees of the village shall have a sunset date set by the village board so that each committee accomplishes its goals and objectives in a timely manner. The village board may, at its discretion, extend the sunset date of a committee.

B.

Creation. The following commissions, committees and boards are created to perform such duties as required by the Wisconsin Statutes, rules and regulations, the village ordinances, and as determined by the village board from time to time:

1.

Plan commission.

2.

Police commission.

3.

Zoning board of appeals.

4.

Park committee.

5.

Board of review.

6.

Cemetery board.

C.

Appointments. As vacancies arise between elections, the following process shall be used to fill those vacancies:

1.

Notice of vacancy. Upon learning of any vacancy in any village office, and prior to the expiration of any term of any village government position, the village administrator or his/her designee shall provide a notice of a vacancy in the position. The notice shall encourage all eligible village residents to apply.

2.

Manner of providing notice. The notice shall be provided to at least one newspaper or publication having general circulation in the village, and be posted at all official village posting locations. A paid publication is not required. The village will also strive to communicate these vacancies in other available forums.

3.

Timing of notice. The notice shall be provided annually no later than February 15 for all appointments made in April and May.

4.

Interest forms. Village residents at least 18-years of age may identify their interest in serving by completing a form provided by the village. The village administrator or his/her designee shall distribute all such completed interest forms to all members of the village board. This requirement shall be waived for incumbent members of all boards, commissions and committees provided they contact the village president prior to the application deadline and express their interest in the vacant position.

5.

Village board consideration. The village board shall review the interest forms received after initial summary by the village president. If this Code or other applicable laws authorize the vacant position to be filled by the village board, the village board shall make the appointment upon consideration from only the interest forms received. If this Code or other applicable laws authorize the vacant position to be filled by the village president, the village president shall make the appointment upon consideration from only the interest forms received, and village board members may offer their recommendations to the village president at their discretion. If this Code or other applicable laws makes the village president's appointment subject to village board confirmation, the village board may further consider only the interest forms received in deciding whether to confirm the appointment.

6.

All appointments shall take into consideration the qualifications for members of the specific commission, board or committee as established by the village board from time to time. All members of commissions, boards and committees must be residents or property owners of the village (as described in section D, below [subsection D of this section]) and shall serve at the pleasure of the village board.

D.

Commissions/boards/committees organized.

1.

Plan commission.

a.

The plan commission shall consist of seven regular members and one alternate:

i.

Five of the regular members and the alternate member, all residents of the village, who do not hold an elected office in the village, and are appointed by the village board.

ii.

Subject to the confirmation of the village board, the village president shall appoint the two other members. One or both of such appointees may be village board members. The village president may include himself/herself as one of the village board member appointees.

b.

The alternate member shall act only when a regular member is absent or wishes to refrain from voting because of a conflict of interest.

c.

The village president may also be the chair of the plan commission or may appoint a village resident as chair, for a one-year term in that capacity.

d.

The term of office of an appointee who is a trustee or the village president shall be one year. The term of office of appointees who are not village trustees or the village president shall be three years.

e.

The plan commission shall elect a vice-chair annually in June.

f.

Initial appointments in October 2010 shall be staggered as determined by the village board.

g.

The plan commission shall have the powers and duties as prescribed in the Village Code.

h.

The village board shall establish annually the compensation to be paid to members to defray expenses related to service on the commission.

i.

A majority of the members of the plan commission shall constitute a quorum. If there is not a quorum present, the fact shall be entered in the minutes, and the meeting shall be adjourned.

2.

Police commission.

a.

The police commission shall consist of five regular members appointed by the village board. All of the members shall be residents of either the Village of Summit or communities contracted for service by the Village of Summit police department who do not hold any other elected or appointed office in the Village of Summit.

b.

The police commission shall have the powers and duties as prescribed in section 62.13(1) Wis. Stats. [Wis. Stats. 62.13(1)].

c.

Members shall be appointed to staggered five-year terms. Initial appointments in September 2010 shall be staggered as determined by the village board.

d.

The village board shall establish annually the compensation to be paid to members to defray expenses related to service on the commission.

e.

If the chair is absent from the commission meeting, the village clerk or his/her designee shall call the meeting to order and the commissioners shall elect a chair for the meeting.

f.

A majority of the members of the police commission shall constitute a quorum. If there is not a quorum present, the fact shall be entered in the minutes, and the meeting shall be adjourned.

3.

Zoning board of appeals.

a.

The zoning board of appeals shall consist of five regular members and two alternate members appointed by the village board.

i.

Four of the regular members and both alternates shall be appointed by the village board.

ii.

The village president shall appoint the fifth regular member, with confirmation by the village board. The member appointed by the village president shall serve as chair of the zoning board of appeals.

iii.

All of the members and alternates shall be residents of the village.

b.

Alternate members shall act only when a regular member is absent or wishes to refrain from voting because of a conflict of interest. Alternates shall be designated as "first alternate" or "second alternate," and shall be selected for service, as needed, accordingly.

c.

The zoning board of appeals shall have the powers and duties as prescribed in the Village Code.

d.

Members shall be appointed to staggered three-year terms. Initial appointments shall be staggered as determined by the village board.

e.

The village board shall establish annually the compensation to be paid to members to defray expenses related to service on the board.

f.

If the chair is absent from the zoning board of appeals, the village administrator or his/her designee shall call the meeting to order and the zoning board of appeals shall elect a chair for the meeting.

g.

A majority of the members of the zoning board of appeals shall constitute a quorum. If there is not a quorum present, the fact shall be entered in the minutes, and the meeting shall be adjourned.

4.

Park committee.

a.

The park committee shall consist of seven regular members and one alternate:

i.

Six of the regular members and the alternate member shall be residents or property owners in the village, and are appointed by the village board.

ii.

Subject to the confirmation of the village board, the village president shall appoint the seventh member, who may be a village board member. The village president may include himself/herself the village board member appointee. The member appointed by the village president shall serve as chair of the park committee.

b.

The alternate member shall act only when a regular member is absent or wishes to refrain from voting because of a conflict of interest.

c.

The term of office of an appointee who is a trustee or the village president shall be one year. The term of office of appointees who are not village trustees or the village president shall be three years. Initial appointments in October 2010 shall be staggered as determined by the village board.

d.

The park committee shall have the powers and duties as prescribed in the Village Code and such other powers as may be delegated from time to time by the village board. No expenditure may be made by the committee unless the expenditure has been budgeted and specifically approved by the village board and administrator. To the extent this power of the village board and the administrator over expenditures of the park committee conflicts with section 27.08(2)(a), 27.10(1)(b) or 27.10(4), Wisconsin Statutes [Wis. Stats. § 27.08(2)(a), 27.10(1)(b) or 27.10(4)], the Village of Summit elects not to be governed by such statutes.

e.

The village board shall establish annually the compensation to be paid to members to defray expenses related to service on the park committee.

f.

A majority of the members of the park committee shall constitute a quorum. If there is not a quorum present, the fact shall be entered in the minutes, and the meeting shall be adjourned.

g.

If the chair is absent from the park committee, the administrator or his/her designee shall call the meeting to order and the park committee shall elect a chair for the meeting.

5.

Board of review.

a.

The board of review shall consist of five members and two alternate members.

i.

All of the members and alternate members shall be appointed by the village board.

ii.

All of the members and alternates shall be residents of the village.

iii.

The village president shall name a chair and vice-chair from those appointed by the village board.

b.

The village clerk or his/her designee shall act as clerk to the board.

c.

The chair and vice-chair of the board of review shall receive training as required by the Wisconsin Department of Revenue or its designee. Other members may receive training by the Wisconsin Department of Revenue or its designee.

d.

All members are appointed in April of odd numbered years, for a two-year term.

e.

The village board shall establish annually the compensation to be paid to members to defray expenses related to service on the board.

f.

The board of review shall have the powers and duties as prescribed to it under Wis. Stats. § 70.46 and other applicable state laws.

g.

Alternate members shall act when a regular member is absent, wishes to refrain from voting because of conflict of interest or is removed by an objector. Alternates shall be designated as "first alternate" or "second alternate," and shall be selected for service, as needed, accordingly.

h.

If the chair is absent from the board of review, the vice-chair shall call the meeting to order and the board of review shall commence. If the chair and vice-chair are absent, the fact shall be entered in the minutes, and the meeting shall be adjourned.

6.

Cemetery board.

a.

The cemetery board shall consist of three members and one alternate member.

i.

All of the members shall be appointed by the village president, subject to approval by the village board.

ii.

One of the members shall be a village board member.

iii.

All of the members and alternate member shall be residents of the village.

iv.

The village president shall name a chair from those appointed.

b.

The village treasurer or his/her designee shall act as clerk to the board. He/she shall also act as treasurer for all funds generated by the operation of the Summit Cemetery and shall issue all checks for obligations thereof, after approval by the cemetery board.

c.

The term of office of an appointee who is a trustee or the village president shall be two years. The term of office of appointees who are not village trustees or the village president shall be three years. Initial appointments in October 2010 shall be staggered as determined by the village board.

d.

The village president shall appoint a cemetery sexton to administer the rules of the cemetery and manage the day-to-day operations of the cemetery. The sexton may be a member of the cemetery board, but does not need to be a village resident.

e.

The cemetery board shall have the powers listed in chapter 157, Wisconsin Statutes [Wis. Stats. ch. 157], and as subsequently amended.

The wording of this ordinance has been chosen because of brevity and to promote clarity. As to all references in this chapter, and as may be applicable:

A.

The singular shall be deemed to include the plural, and vice-versa;

B.

The term "village," used either as a noun or as an adjective, means the Village of Summit;

C.

Designation by title of any elected or appointed official, or employee, means such official or employee of the Village of Summit;

D.

The terms "state" and "Wisconsin" mean the State of Wisconsin; and

E.

The term "county" means Waukesha County, Wisconsin.

(Ord. No. 16-2013, § 1, 9-5-2013)