By-Laws And Rules of Procedure

1.       GENERAL RULES BY STATUTE, ORDINANCE OR RESOLUTIONS

The Redevelopment Authority of the City of Stoughton shall be governed and controlled by Statutes of the State of Wisconsin, and as the same may hereafter be amended; by all ordinances of the City of Stoughton as they relate to the Authority, and as such ordinances may hereafter be amended and adopted; and by the within rules of procedure.  All provisions of the Wisconsin Statutes, ordinances or resolutions of the City of Stoughton as may be enacted from time to time, shall stake precedence over the rules of procedure.

2.      GENERAL POWERS AND DUTIES

The Authority shall exercise all powers conferred and perform all duties imposed, by state and local ordinance of the City of Stoughton, and shall perform such further and other duties as may properly from time to time be required by the Common Council.

Specific action taken related to eminent domain and the issuance of debt other than “conduit debt” which is not supported in any way by the City or RDA, shall be subject to review and approval by the Common Council:

3.      OFFICERS AND THEIR DUTIES

Presiding Officers.  The presiding officer of the Authority shall be designated as chair and shall be elected annually at the meeting of the Authority in May of each and every year.  To act in the absence of the chair, the Authority shall elect a vice-chair to preside at the meeting.  The presiding officer shall preside at all meetings of the Authority and shall have the right to vote and make motions; shall rule on matters of procedure, subject to appeal from such rulings by proper motion; shall conduct the meetings in accordance within the rules; shall have such powers and duties as may be necessary for conduct of orderly meetings; and such other powers and duties as herein assigned to him/her, or as may be assigned to him/her.

Secretary.  The Authority shall appoint an executive director who shall serve the Authority as its secretary and advisor and shall perform all duties requested by the Authority.  These duties include handling all correspondence and clerical work of the Authority; to keep accurate notes of all matters coming before the Authority; to receive and file all communications, applications; request any and all documents directed to the Authority; to mark each document so received with the official filing stamp of the Authority; to publish or mail, as the case may be, all notices and advertisements required by law or as directed by the Authority; to prepare and mail to each member of the Authority, a summary statement of the nature of each item on such agenda and a copy of the minutes of the last meeting.  The secretary may utilize such members of the City of Stoughton staff (clerk, finance director, planning director, etc.) as may be made available by the Common Council to accomplish his/her tasks.

The Authority may elect to open nominations for the office of chair or vice-chair prior to the expiration of either the chair’s or vice-chair’s term.  Should two (2) Authority members request to open nominations, the next RDA meeting agenda shall include said request.

A motion to open nominations for the selection of chair or vice-chair of the Authority, prior to the expiration of either the chair’s or vice-chair’s term, shall be carried only by affirmative vote of two-thirds of the Authority’s members.  Should said motion to open nominations carry, the Authority shall immediately select a chair or vice-chair from among the Commissioners to serve the remainder of the respective term.

4.      AGENDA

The City Finance Director or designee shall prepare the agenda with the assistance of the chairperson.

5.      MEETINGS

Meetings.  Meetings shall be held at a place and time designated by the Authority at its last regular meeting or, if this does not occur, at a place and time convenient for the Authority. 

Special meetings.  Special meetings may be called by the presiding officer whenever in his/her judgement such meeting is necessary, and the presiding officer shall call such special meeting whenever he/she is requested to do so by at least three (3) members of the Authority.  Such request may be made orally.  Notice of such special meetings shall be given by announcement thereof at any regular meeting and by written or telephone notice as hereinafter provided, to such members not present at such meetings, by written notice mailed not less than 48 hours before the time fixed for such hearing; or by telephone notice not less than 24 hours before the time fixed for such meeting.  Any business, which could be done at a regular meeting, may be done at such special meeting.

Quorum.  A quorum for all meetings shall consist of four (4) members and the presiding officer shall be included in such a count.

Order of Business.  The order of business at all meetings, regular and special unless varied by a suspension of rules agreed upon by a majority of the Authority shall be as follows:

Call to Order

Public Hearings

Approval of Minutes of Previous Meeting

Old Business

New Business

Persons Desiring to Be Heard

Adjournment

6.      VOTING

Provided a quorum is present and except as otherwise by law or these rules provide, the affirmative vote of a majority of the members present shall be required to decide any matter up for consideration.

In the event that any member shall disqualify himself/herself to vote on any matter, he/she shall nonetheless, be counted in determining whether a quorum is present, but his/her disqualification shall not decrease the number of votes required for passage of any motion, resolution or the taking of any other action.

7.      PUBLIC HEARINGS

Conduct of Public Hearings.  The presiding officer shall announce immediately prior to each public hearing that no one will be heard unless he/she states his/her name and address.  The presiding officer shall briefly explain the order of business.  He/She shall have the right prior to the hearing to announce that each person’s statement shall be limited to a specified period of time, and that rebuttals shall be limited to a specified period of time, and he/she shall have the right to terminate any statement when the speaker’s time has elapsed, or in the event of unnecessary repetition, or in the event the statement is not material or germane.

Appearance.  All persons desiring to be heard shall be heard, in person or by attorney.

Withdrawal of Application.  At any time prior to a motion to grant or refuse a request, application or petition, the applicant may withdraw his/her request, application or petition and such withdrawal shall not entitle the applicant to a refund of whatever filing or publication fee may previously have been paid.

8.      DECISION

All final decisions by the Authority shall be in writing and shall be the form of an order or decisions duly adopted by resolution.  All such decisions shall be signed by the presiding officer, attested by the secretary, and shall thereupon be filed with the records of the case.  The date on which the written decision is filed in the case shall be deemed the date of filing of the decision.  The executive director shall promptly thereafter mail a copy of the decision to the applicant or petitioner or his/her attorney and to every other interested public official.

9.      RECOMMENDATIONS TO THE COMMON COUNCIL

Recommendations should be reviewed by the Common Council.  Recommendations to the Common Council may be by resolution or in such other form as the Common Council deems appropriate and upon adoption of any recommendation, the secretary shall deliver a copy of the same to the Common Council.  Each such recommendation shall contain a full and complete recital of reasons therefor.

10.  AMENDMENT OF RULES

These rules may be amended from time to time upon a concurring vote of a majority of all members of the authority and upon approval of the Common Council.

Robert Rules of Order where no specific statute, law or ordinance controls shall govern the general rules of procedure of the Authority.