Chapter 1: General Provisions of Government for the Town
1.0 - 1.04 Reserved for Future Use
1.05 STANDING COMMITTEES.
(1) Authority and Creation of Standing Committees.
The Town shall have the following standing committee, with the membership as indicated:
a) Parks and Environment Committee to consist of three (3) members with one (1) Board member.
(2) Eligibility, Appointment and Term.
The Town Chairperson shall solicit names of electors of the Town who wish to serve on standing committees. Only electors of the Town shall be eligible for consideration. Appointments to standing committees shall be made by the Town Chairperson, subject to confirmation by the Town Board. In general, regular appointments shall be presented by the Town Chairperson to the Town Board at the first scheduled meeting in April. Approval of the recommendation by a majority vote of the Town Board members present shall be considered approval of the nominee. The regular term for an appointment commences on the first day of May. To provide for continuity on standing committees, initial appointments to a standing committee shall be for one (1), two (2) and three (3) year terms, respectively. Thereafter, persons shall be appointed for terms of two (2) years.
(3) Vacancy.
A vacancy prior to expiration of a term shall be created upon the occurrence of any of the following: resignation, end of status as an elector in the Town, removal as provided for appointive officers in Wisconsin Statutes sec. 17.13(1) (2009-2010) (as may be amended), disability or incapacity, excessive absences as determined in the sole discretion of the Town Board, andlor temporary incapacity from any cause that unduly limits the discharge of duty as determined in the sole discretion of the Town Board. Upon the creation of a vacancy, the Town Chairperson shall promptly appoint member(s) to the standing committee(s) to serve out the remainder of the term, subject to confirmation by the Town Board.
(4) Duties and Authority.
Standing committees shall have such duties and responsibilities as prescribed by the Town Chairperson, the Town Board, and Town ordinances. Each standing committee shall make recommendations to the Board as the committee deems appropriate or as may be directed by the Board. Standing committees may involve consultants with expertise in the subject matter being considered by the committee, provided that the committee shall not incur any expense without first obtaining Board approval. · "
(5) Compensation and Expenses.
Members of standing committees are not entitled to compensation, but may receive compensation in the form of an annual salary, a per diem compensation, or a combination of the two, as determined by resolution of the Town Board. Reimbursement of expenses shall be made as set forth in Wisconsin Statutes sec. 60.321, if so determined by resolution of the Town Board. As indicated above, standing committees shall not incur expenses for any consultants without first obtaining approval by the Town Board.
(6) Subject to Open Meetings and Records Requirements.
All meetings shall be held in a manner consistent with Town ordinances and all other applicable laws, including open meeting and records laws. (See Wisconsin Statutes sees. 19.81- 19.85.) Standing committees shall designate a secretary for each meeting and promptly provide the minutes to the Town Clerk, who shall serve as the records custodian for the standing committee.
1.06 AD HOC OR LIMITED TERM COMMITTEES.
The Town may establish ad hoc committees for a limited term or purpose, as deemed necessary. Ad hoc committees require authorization by resolution of the Town Board, written authorization by the Town Chairperson acting unilaterally, or written authorization of two Town Board members. To the full extent practicable, and except as otherwise indicated by the authorizing document, the general provisions of the Town Ordinances on Standing Committees shall apply to ad hoc committees. (See Town Ordinance 1.05.)
1.11 TOWN OF DUNKIRK HISTORICAL COMMISSION.
There is hereby established the Town of Dunkirk Historical Commission (hereinafter the "Commission").
(1) Purpose.
The Commission is established to preserve and protect the history of the Town including materials of historical, educational and aesthetic merit.
(2) Commission Membership.
The Commission shall consist of three (3) members who shall be appointed by the Town Chairperson subject to confirmation by the Town Board. One ofthe Commission members may also be a member of the Town Board. The members of the Commission shall be individuals who have an interest in preserving the history of the Town. At least two (2) of the Commission members shall be electors of the Town. " .
(3) Appointment and Term; Compensation.
Commission members shall be appointed in the same manner as members of standing committees. Each Commission member shall serve for a term of three (3) years. Commission members shall serve without pay, but may be reimbursed for any expenditures in the conduct of Commission business when so authorized by the Board.
(4) Officers.
The Commission members shall elect a chairperson, vice-chairperson, and such other officers deemed necessary from its membership.
(e) Commission Meetings. The Commission shall meet at least quarterly (four times per year) and the chairperson shall report the Commission's activities to the Board on a regular basis. All Commission meetings shall be held in a manner consistent with the ordinances of the Town and all other applicable laws, including open meeting laws. The Commission shall designate a secretary for each meeting and promptly provide the minutes to the Town Clerk.
(f) Policies and Procedures. The Commission may develop, from time to time, policies and procedures relating to, among other things, the acceptance, rejection, and disposal of gifts of papers or property, supporting memberships, and fundraising, which policies or procedures shall be reviewed and approved by the Town Board before becoming effective.
(g) Applicability of Town Ordinance on Standing Committees. To the full extent practicable, and except as otherwise indicated in this section 1.11 above, the general provisions of the Town Ordinances on Standing Committees shall apply to the Commission. (See Town Ordinance 1.05.) Effective Date. The above ordinances shall take effect upon passage and publication.
1.10 APPOINTED OFFICIALS
(1) Appointments.
(a) How Made.
The Town Chair or a Town Supervisor may advance an individual's name for appointment. All appointments must be approved by a majority vote of the Town Board, unless otherwise specifically provided by ordinance, resolution or contract approved by the Town Board.
(b) When Made; Length of Appointment.
Unless otherwise specifically provided by ordinance, resolution or contract approved by the Town Board, all appointments and reappointments shall be made at the first regular meeting in June and all appointments shall run for a two (2) year period commencing on July pt.
(c) Reappointment.
During the 60 day period prior to reappointment, the Town Board will contact the appointed official to determine if he or she is seeking reappointment. During said period, the Town Board may also elect to seek applications from others who may be interested in filling the position.
(d) Removal from Office.
Unless otherwise specifically provided by ordinance, resolution or contract approved by the Town Board, all appointed officials shall be subject to removal under Wis. Stats. § 17.13(1) (1999-2000) .
(e) Vacancies; Appointments Mid -Year.
In the event that a vacancy exists, or it is otherwise necessary to make an appointment at other than the time set forth in Town Ord. §1.1O(1)(b), the appointment shall be made within 60 days of the creation of the vacancy. During the 60 day period, the Town Board shall seek applications from others who may be interested in filling the position. The length of the term shall be that necessary to complete the term in which a vacancy was created.
(2) Positions.
Appointments shall be made for the offices of the Town Attorney, Town Building Inspector and Town Assessor. If deemed appropriate by the Town Board, the official shall serve in accordance with a written job description or contract approved by the Town Board. If the Town Board does not expressly approve a written job description or contract, the official's duties shall include those duties customarily associated with the positions and his or her service shall be at the pleasure of the Town Board.
1.15 ORDINANCES ORIGINATED BY MOTION.
All proposed new ordinances shall originate in a motion by a member of the Board. The motion may be either that an ordinance be drafted to accomplish some particular end or regulate some type of conduct or that the Board adopt a specific ordinance of which a draft already exists,
which draft shall then be incorporated in the motion.
1.16 GENERAL REQUIREMENT FOR REVIEW. PUBLIC HEARING
Every proposed ordinance shall undergo an initial review and, if necessary, revision by the Board; a legal review by the Town Attorney, which may lead to further revision by the Board; and a public hearing. No ordinance shall be adopted which has not first been the subject of a
public hearing noticed in the same manner as a regular town Board meeting by publication in the Town newspaper of'record. Pending the public hearing, proposed ordinances will be available for review at the Town Hall. If practical, copies will be provided to the public on request.
(1) If the motion proposing a new ordinance incorporates a draft ordinance, the board may proceed to initial review and revision immediately. After legal review by the Town Attorney a public hearing may be scheduled at which the proposed ordinance will be considered and after which the proposed ordinance shall be finally voted on by the Board. The length and formality of legal review shall depend on the specific ordinance being considered. In an appropriate situation where the Town Attorney is present or has been provided an advance copy of a proposed ordinance, the requirement for legal review could be met and a public hearing scheduled at the same meeting at which the motion proposing the new ordinance is originally adopted.
(2) If the motion proposing a new ordinance does not incorporate a draft ordinance, the board shall designate someone to draft the proposed new ordinance. The Board shall schedule a date on which the proposed draft shall be reviewed for the first time by the Board. It may instruct the drafter to submit the draft to the Town Attorney for review before the initial review meeting or may submit the revised draft for legal review. If the Town Attorney is the drafter, the legal review requirement will be deemed to have been met. After the Board has reviewed and revised the proposed ordinance as often as it deems necessary, it shall schedule the proposed ordinance for public hearing.
1.17 ADDING EXISTING ORDlNANCES TO THE CODE OF GENERAL ORDINANCES.
Ordinances which have been adopted by the Board prior to the adoption of this section of the Code of General Ordinances may be renumbered and modified, without changing their meaning or effect, so that they may be added to the Code without the necessity for a public bearing. Any existing ordinances to be adapted for inclusion in the Code shall be reviewed by the Board before it adopts an ordinance adding them to the Code. Notice of such review shall appear in the Town Board agenda prior to such review and adoption .
