60.10(2)(L)
(L)
Hourly wage of certain employees. Authorize the town board to establish the hourly wage to be paid under
s. 60.37 (4) to a town employee who is also an elected town officer, other than a town board supervisor.
60.10(3)
(3) Authorization to town board to appropriate money. The town meeting may authorize the town board to appropriate money in the next annual budget for:
60.10(3)(a)
(a)
Conservation of natural resources. The conservation of natural resources by the town or by a bona fide nonprofit organization under
s. 60.23 (6).
60.10(3)(c)
(c)
Insects, weeds and animal diseases. The control of insect pests, weeds or plant or animal diseases within the town.
60.10(3)(d)
(d)
Rural numbering systems. Posting signs and otherwise cooperating with the county in the establishment of a rural numbering system under
s. 59.54 (4) and
(4m).
60.10 Annotation
The terms "authorize" and "direct" in sub. (2) are not used interchangeably. A town meeting that "authorize(s)" an act gives the town board permission to do the act within its discretion, but if it "direct(s)" that an act be done, the action is mandatory. Graziano v. Town of Long Lake,
191 Wis. 2d 813,
530 N.W.2d 55 (Ct. App. 1995).
60.10 Annotation
Assessments made by an assessor appointed in the absence of authorization under sub. (2) (j) were valid under the de facto officer doctrine. Joyce v. Town of Tainter, 2000 WI App 15,
232 Wis. 2d 349,
606 N.W.2d 284.
60.11
60.11
Annual town meeting. 60.11(1)
(1)
Requirement. Each town shall hold an annual town meeting, as provided in this section.
60.11(2)(a)(a) Except as provided in
par. (b), the annual town meeting shall be held on the 2nd Tuesday of April.
60.11(2)(b)
(b) The annual town meeting may set a date different than provided under
par. (a) for the next annual town meeting if the date is within 10 days after the 2nd Tuesday of April.
60.11(3)(a)(a) The annual town meeting may be held in the town or in any village or city within or adjoining the town.
60.11(3)(b)
(b) The annual town meeting shall be held at the location of the last annual town meeting unless the location is changed by the town board. If the town board changes the location, it shall publish a class 2 notice under
ch. 985 stating the location of the meeting, not more than 20 nor less than 15 days before the date of the meeting.
60.11(4)
(4) Adjournment. The annual town meeting may be recessed to a time and date certain if the resumed meeting is held within 30 days after the date of the meeting originally scheduled under
sub. (2).
60.11(5)
(5) Notice. No public notice of an annual town meeting is required if held as provided under
sub. (2) (a). If held as provided under
sub. (2) (b), notice of the time and date of the meeting shall be given under
s. 60.12 (3).
60.11(6)
(6) Jurisdiction. An annual town meeting may transact any business over which a town meeting has jurisdiction.
60.11(7)
(7) Poll list. An annual town meeting may require the clerk of the town meeting to keep a poll list with the name and address of every elector voting at the meeting. If an elector of the town obtains a confidential listing under
s. 6.47 (2) and presents an identification card issued under
s. 6.47 (3), the clerk shall record the identification serial number of the elector in lieu of the elector's address.
60.11 History
History: 1983 a. 532;
1999 a. 49.
60.12
60.12
Special town meetings. 60.12(1)
(1)
Who may convene. A special town meeting may be convened if:
60.12(1)(b)
(b) A written request, signed by a number of electors equal to not less than 10% of the votes cast in the town for governor at the last general election, is filed with the town clerk.
60.12(2)
(2) Time, date and purpose to be stated. If a special town meeting is requested or called under
sub. (1), the time, date and purpose of the meeting shall be stated in the request or as part of the call.
60.12(3)
(3) Notice. The town clerk shall, not more than 20 nor less than 15 days before the date of a special town meeting, publish a class 2 notice of the meeting under
ch. 985. The notice shall state the purpose, date, time and location of the meeting. If notice is posted, the same time and content requirements apply.
60.12(4)(a)(a) A special town meeting may be held in the town or in any village or city within or adjoining the town.
60.12(4)(b)
(b) A special town meeting shall be held where the preceding annual town meeting was held, unless the location is changed by the town board.
60.12(5)
(5) Adjournment. A special town meeting may be recessed to a time and date certain if the resumed meeting is held within 30 days after the date of the originally scheduled meeting.
60.12(6)
(6) Jurisdiction. Any business which may be transacted at an annual town meeting may be transacted at a special town meeting.
60.12 History
History: 1983 a. 532.
60.13
60.13
Presiding officer. 60.13(1)(a)(a) If present, the town board chairperson shall chair the town meeting. If the town board chairperson is absent, another town board supervisor shall chair the town meeting. If no town board supervisor is present, the town meeting shall elect the chairperson of the meeting.
60.13(1)(b)
(b) If the annual town meeting is held in a year when the office of town board chairperson is filled by election, the person holding the office on the day prior to the date of the election to fill the office shall preside at the annual town meeting and is entitled to receive the per diem which is ordinarily paid to the presiding officer. If such person is absent or refuses to serve as the presiding officer, the presiding officer shall be chosen under
par. (a).
60.13(2)
(2) Duties. The town meeting chairperson shall conduct the meeting's proceedings in accordance with accepted parliamentary procedure.
60.13(3)
(3) Enforcement authority. The town meeting chairperson shall maintain order and decorum, and may order any person to leave a town meeting if the person has conducted himself or herself in a disorderly manner and persisted in such conduct after being directed by the chairperson to cease the conduct. If the person refuses the chairperson's order to withdraw, the town meeting chairperson may order a constable or other law enforcement officer to take the person into custody until the meeting is adjourned.
60.13 History
History: 1983 a. 532.
60.14(1)(1)
Qualified voters. Any qualified elector of the town, as defined under
ch. 6, may vote at a town meeting.
60.14(2)
(2) Method of action; necessary votes. All actions of a town meeting shall be by vote. All questions shall be decided by a majority of the electors voting.
60.14(3)
(3) Order of business. At the beginning of the town meeting, the town meeting chairperson shall state the business to be transacted and the order in which the business will be considered. No proposal to levy a tax, except a tax for defraying necessary town expenses, may be acted on out of the order stated by the town meeting chairperson.
60.14(4)
(4) Reconsideration of actions. 60.14(4)(a)(a) A vote of the town meeting may be reconsidered at the same meeting at which the vote was taken if the town meeting votes to reconsider within one hour after the initial vote was taken.
60.14(4)(b)
(b) No action of a town meeting may be reconsidered at a subsequent town meeting held prior to the next annual town meeting unless a special town meeting is convened under
s. 60.12 (1) (b) or
(c) and the written request or the call for the meeting states that a purpose of the meeting is reconsideration of the action.
60.14 History
History: 1983 a. 532.
60.15
60.15
Clerk. The town clerk shall serve as clerk of the town meeting. If the town clerk is absent, the deputy town clerk shall serve as town meeting clerk. If the deputy clerk is absent, the town meeting chairperson shall appoint a clerk for the meeting. The clerk of the town meeting shall keep minutes of the proceedings. The clerk of the town meeting shall keep a poll list if required by the annual town meeting under
s. 60.11 (7). The town meeting minutes shall be signed by the clerk of the town meeting and filed in the office of the town clerk within 5 days after the meeting.
60.15 History
History: 1983 a. 532.
60.16
60.16
First town meeting in new towns. 60.16(1)
(1)
When held. The first town meeting in a newly organized town shall be held at 8 p.m. on the 2nd Tuesday of the first April after the town is organized. If the 2nd Tuesday of the first April after a town is organized has passed and the first town meeting has not been held, 3 qualified electors of the town may call the first town meeting any time thereafter by posting notice of the town meeting in at least 3 public places at least 10 days prior to the date of the meeting.
60.16(2)
(2) Where held. The first town meeting shall be held at the location designated in the documents which established the town. The location may be within the town or, if convenient, within a city or village in the county in which the town is located.
60.16(3)
(3) Officers. The qualified electors present at the first town meeting shall choose one elector as chairperson of the town meeting, 2 electors as inspectors and one elector as clerk. The inspectors and clerk shall take and sign the oath required of inspectors at elections under
s. 7.30 (5). The oath may be administered to the inspectors and clerk by the chairperson and either inspector may then administer the oath to the chairperson. After they have signed the oath, the chairperson, clerk and inspectors shall conduct the first town meeting.
60.16(4)
(4) Jurisdiction. The first town meeting may conduct any business that a town meeting may conduct under
ss. 60.11 and
60.12.
60.16 History
History: 1983 a. 532,
538.
TOWN BOARD
60.20(1)(1)
Membership. The town board consists of the supervisors of the town. The board shall be designated "Town Board of ....".
60.20(2)
(2) Quorum. Two supervisors constitute a quorum of a 3-member town board, 3 supervisors constitute a quorum of a 4-member or 5-member town board, and 4 supervisors constitute a quorum of a 7-member town board under
s. 60.21 (3).
60.20(3)
(3) Meetings. Meetings of the town board may be held in the town or in any town, city or village within or adjoining the town, subject to
subch. V of ch. 19.
60.20 History
History: 1983 a. 532;
1991 a. 39.
60.21
60.21
Town board, increased size authorized. 60.21(1)
(1)
In towns where board has village powers. Any town board authorized to exercise village powers may, by ordinance, increase the number of supervisors to no more than 5. If the number of supervisors is increased to 4, the town shall elect 2 supervisors each year. If the number is increased to 5, the town shall elect 3 supervisors in odd-numbered years and 2 supervisors in even-numbered years. An increase in the number of town board supervisors under this subsection does not create a vacancy on the town board.
60.21(2)
(2) Where town of certain population. 60.21(2)(a)(a) If directed by the town meeting under
s. 60.10 (2) (b), a town board of 5 members, elected at-large, shall be established in towns having a population of 2,500 or more.
60.21(2)(b)
(b) If a 5-member board is established and the seats of the board are numbered, the board may, by ordinance, stagger the terms of its supervisors so that the chairperson and 2 supervisors running for even-numbered seats on the town board serve 2-year terms and the other 2 supervisors serve one-year terms, with each subsequent election to be for 2-year terms so that elections occur in both odd-numbered and even-numbered years.
60.21(2)(c)
(c) If a 5-member board is established and the seats of the board are not numbered, the board may, by ordinance, stagger the terms of its members so that the chairperson and 2 supervisors receiving the highest number of votes in the next election serve 2-year terms and the other 2 supervisors serve one-year terms, with each subsequent election to be for 2-year terms so that elections occur in both odd-numbered and even-numbered years.
60.21(2)(d)
(d) An ordinance to stagger the terms of supervisors may be adopted to apply to the initial election of 5 supervisors or to any subsequent election.
60.21(2)(e)
(e) An increase or reduction in the membership of a town board under this subsection takes effect on January 1 of the first odd-numbered year following the most recent federal decennial or special census, but does not create any vacancy on a town board prior to the spring election.
60.21(3)
(3) In a county containing one town. 60.21(3)(a)(a) The town board of a town in any county containing only one town may consist of not more than 7 members. One or more members shall be elected from the town at-large and one member shall be elected from each town board ward, of which there shall be not less than 2 nor more than 5. The member elected from the town at-large who has the highest number of votes shall be the town board chairperson.
60.21(3)(b)
(b) The number and boundaries of the town board wards and the number of town board members to be elected from the town at-large shall be designated by the legislature when the town is first established. Thereafter, the number of wards shall be subject to reapportionment and increase or decrease and the number of town board members elected at-large shall be subject to increase or decrease by majority vote of the town board. In order to provide that all inhabitants are adequately represented, each ward shall have substantially the same number of inhabitants, shall, insofar as practicable, consist of contiguous territory and shall be in compact form. The total number of town board members may not be changed from the number initially fixed by the legislature.
60.21 History
History: 1983 a. 532;
1985 a. 135.
60.22
60.22
General powers and duties. The town board:
60.22(1)
(1) Charge of town affairs. Has charge of all affairs of the town not committed by law to another body or officer or to a town employee.
60.22(2)
(2) Charge of actions. Has charge of any action or legal proceeding to which the town is a party.
60.22(3)
(3) Village powers. If authorized under
s. 60.10 (2) (c), may exercise powers relating to villages and conferred on village boards under
ch. 61, except those powers which conflict with statutes relating to towns and town boards.
60.22(4)
(4) Jurisdiction of constable. Shall determine the jurisdiction and duties of the town constable. The town board may also require the town constable to complete training under
s. 165.85 (4m).
60.22(5)
(5) Pursue certain claims of town. Shall demand payment of penalties and forfeitures recoverable by the town and damages incurred by the town due to breach of official bond, injury to property or other injury. If, following demand, payment is not made, the board shall pursue appropriate legal action to recover the penalty, forfeiture or damages.
60.22 History
History: 1983 a. 532;
1987 a. 237.
60.22 Annotation
The state regulatory scheme for tobacco sales preempts municipalities from adopting regulations that are not in strict conformity with those of the state. U.S. Oil, Inc. v. City of Fond du Lac,
199 Wis. 2d 333,
544 N.W.2d 589 (Ct. App. 1995).
60.22 Annotation
A town with village powers has the authority to adopt ordinances authorizing its plan commission to review and approve industrial site plans before issuing a building permit. An ordinance regulating development need not be created with a particular degree of specificity other than is necessary to give developers reasonable notice of the areas of inquiry that the town will examine in approving or disapproving proposed sites. Town of Grand Chute v. U.S. Paper Converters, Inc.
229 Wis. 2d 674,
600 N.W.2d 33 (Ct. App. 1999).
60.23
60.23
Miscellaneous powers. The town board may:
60.23(1)
(1) Joint participation. Cooperate with the state, counties and other units of government under
s. 66.0301, including cooperative arrangements involving the acquisition, development, remodeling, construction, equipping, operation and maintenance of land, buildings and facilities for regional projects, whether or not located in the town.
