The Okauchee Lake Management District, which includes all riparian property owners and all eligible electors residing on property on the shore of Okauchee Lake, the electors of the said District do adopt these By-Laws. The purpose of these Bylaws is to assist in the governance of the District and shall at all times be interpreted in a manner consistent with the laws of the State of Wisconsin and all applicable Wisconsin Statutes.

Article I - ELECTORS

Section 1 – RESIDENT ELECTORS – Every resident of the District who is eligible to vote in general elections shall be an eligible elector of the District.

Section 2 –PROPERTY OWNER ELECTORS – Every person 18 years of age or older who owns real property in the District shall be an eligible elector of the District. Owner, property owner, or landowner has the meaning defined in Sec. 33.01 (9): in summary, is an owner of real property listed on the tax roll; is the spouse of a person whose name appears as an owner; is an owner who owns real property but is not on the tax roll; is a person who is an official representative, officer, or employee authorized to vote on behalf of a trust, foundation, corporation, association, or organization who owns real property.

Article II - VOTING

Section 1 - MULTIPLE VOTING – Any eligible elector may cast only one vote on any question called to a vote.

Section 2 – VOTING - An elector must be present at the meeting at the time the vote is called in order to vote. No elector may vote by proxy. or by absentee ballot (Sec. 33.30(2)(b)).

Section 3 4 – BALLOTS – All votes shall be counted by voice vote, a show of hands, or written ballot at the discretion of the chairman, unless otherwise specified in these By-Laws, or unless a motion is made, seconded, and approved, calling for a secret ballot, in which case the written ballot shall be used.

Article III – ANNUAL MEETING AND BUDGET HEARING

Section 1 – TIME AND PLACE – The annual meeting and budget hearing of the District shall be held between May 22 and September 8 at a time and place selected by the District’s Board of Commissioners, hereinafter referred to as the Board, unless the date has been set by vote of the previous Annual Meeting (Sec. 33.30(1).

Section 2 – NOTICE – A written notice of the annual meeting and budget hearing shall be mailed at least fourteen (14) days in advance of the event to all electors within the district whose address is known or can be ascertained with reasonable diligence, to the all owners of property within the district at the owner’s address as listed in the tax roll, Department of Natural Resource and the University of Wisconsin Extension (Sec. 33.30(2)(2m). The meeting notice shall include: the proposed annual budget required under 33.29(1)(g); a list of each item proposed for consideration at the annual meeting; any items proposed for consideration at the annual meeting by persons eligible to vote at the annual meeting if all of 33.30(2m)(c)1 thru 4 are met.
A summary of the proposed budget and notice of the place where such budget in detail is available for public inspection and notice of the time and place of the annual meeting and budget hearing shall be published twice in a paper of general circulation in the area. The first insertion shall be at least 15 days before the event and the second insertion shall be the following week, at least 7 days before the event. (Sec.33.30(2).

Section 3 – NOMINATING COMMITTEE – The Chairman shall appoint a nomination committee who shall nominate candidates to fill vacancies on the Board. If none of the commissioners whose terms do not expire, are resident electors, at least one of the candidates shall be resident electors. The minimum number of candidates nominated by the Board shall be equal to the number of vacancies. The names of all nominated candidates shall appear on the written and published notices of the Annual Meeting. Additional nominations from the floor shall be requested by the chairman.

Section 4 – ELIGIBILITY OF COMMISSIONERS – The Annual Meeting can elect to the office of commissioner any elector who meets the requirements of Sec. 33.28 and Sec. 33.285.

Section 5 – ELECTING COMMISSIONERS – At the Annual Meeting, electors and property owners who attend the meeting shall elect one or more commissioner to fill vacancies occurring in the elected membership of the Board.
All elections to the office of commissioner shall be conducted by secret, written ballot. Commissioner shall assume their office immediately following the Annual Meeting at which they are elected.

Section 6 – ANNUAL BUDGET AND TAX – At the Annual Meeting and budget hearing the Board shall present a proposed budget and tax for the upcoming year. The electors of the District shall approve a budget for the coming year. The electors may consider and vote on amendments to the budget before approving the budget. The budget shall separately identify the capital costs and the costs of operation of the District, shall conform with the applicable requirements of Sec. 33.29(1)(g) and shall specify any item that has a cost to the district in excess of $10,000.

Section 7 – PROJECT APPROVAL – The Annual Meeting shall approve or disapprove all proposed projects by the District having a cost to the District in excess of $5,000 by vote of the within the District.
The Annual Meeting may also authorize the Board, during the succeeding year until the next Annual Meeting, to approve or disapprove projects having a cost to the District of not more than $10,000, and to enter into contracts accordingly.

Section 8 – OTHER BUSINESS – The Annual Meeting shall take up and consider such other business as comes before it (Sec. 33.30(4)(b).

Article IV – DISTRICT BOARD OF COMMISSIONERS

Section 1 –MEETINGS – The District Board of Commissioners shall meet at least quarterly, and at other times on the call of the chairman or the petition of three of the commissioners (Sec. 33.28(6)).

Section 2 – QUORUM – Three commissioners shall constitute a quorum for the transaction of business. A majority of the commissioners plus one shall be present to borrow money. The commissioners shall appoint an elector to fill any vacancies until the next Annual Meeting.

Section 3 – FUNCTION – The Board shall conduct all business of the District not specifically reserved to the electors of the District, and shall carry out the provisions of these By-Laws and Chapter 33 of the Wisconsin Statutes, and shall carry out the mandates of the Annual Meeting.

Section 4 – OFFICERS – At the first Board meeting, immediately following each Annual Meeting of the District, the Board shall elect a chairman, a secretary, and a treasurer from among its members.
1. The chairman shall preside at the Annual Meeting and Special Meetings, all meetings of the Board and all public hearings held by the Board.
2. The secretary shall keep minutes of all meetings of the Board and hearings held by it, shall annually provide the Department of Natural Resources the current board member contact information, and shall maintain the District’s election roll. The secretary shall prepare and send the notices required for any Annual Meeting, Special Meeting, and any meeting of the Board.
3. The treasurer shall receive and take charge of all moneys of the District, and pay out the same only on order of the Board.
The treasurer shall give bond with an approved surety for the faithful performance of his duties, in such amounts as shall be fixed by the Commissioners. The cost of such bond shall be borne by the District.

Section 5 – COMPENSATION – Commissioners shall be paid actual and necessary expenses incurred while conducting business of the District, plus such compensation as may be established by the Annual Meeting.

Section 6 – POWERS AND DUTIES – The Board shall be responsible for conducting the activities outlined in Sec. 33.29.

Article V– PUBLIC BIDDING

Section 1 – LOW BID – All contracts exceeding $2,500 for work of materials shall be let by the Board to the lowest responsible bidders (Sec. 33.22(1)). The manner of soliciting bids and the determination of the responsibleness of the bidder shall be at the discretion of the Board. If a bid is accepted which exceeds any other bid by more than 20%, the Board must provide a written justification for its action to the next Annual Meeting.

Section 2 – SECURITY BOND – The District may require that a contracting party give adequate security to assure performance of the contract and to pay all damages which may arise from inadequate performance. (Sec.33.22(2).

Section 3 – CONFLICT OF INTEREST – Any commissioner shall abstain from voting on any matter before the Board in which he, as a private person or in which any member of his immediate family (spouse, parents, or child), has a financial interest.

Section 4 – PUBLIC BIDDING LAW – For contracts in excess of $5,000, the Board shall establish a formal, competitive bidding process and shall abide by the procedures established for municipal corporations in the letting of public.(Sec. 66.0901).

Article VI– COMMITTEES

Section 1 – ELECTIONS – The chairman shall appoint three electors who are not running for the office of commissioner to serve as the elections committee. The committee shall distribute, collect, and count the ballots at the annual meeting.

Section 2 – AUDITING – The commissioners shall appoint three electors to serve as the auditing committee. The committee shall examine all financial records of the District and report its conclusions to the annual meeting. If the District conducts business which involves more that $10,000 summed across all categories of activities in any given year, a professional accountant will be retained to conduct an audit.

Section 3 – OTHER COMMITTEES – The chairman may appoint other committees as he deems necessary to further the interest of the District.

Section 4 – REPORTING – All committees shall report to the chairman at his request and to the Annual Meeting.

Section 5 – COMPENSATION – Committee members (except commissioners) shall receive no re-numeration for service to the District. With prior approval from the Board, committee members may submit vouchers for actual and necessary expenses incurred while conducting the business of the District.

Section 6 – TERMS OF MEMBERS – All committee members shall serve at the pleasure of the chairman and may be replaced by him on an annual basis following the board meeting immediately following the Annual Meeting.

Article VII – MISCELLANEOUS PROVISIONS

Section 1 – SPECIAL MEETINGS – Special meetings of the District may be held for the purpose of transacting any lawful business which might be done at the Annual Meeting. The meeting may be called by the Board or upon receipt of a petition signed by at least 10% of the electors and property owners of the District (Sec. 33.305). The Annual Meeting notice requirements under Article III shall be followed and the purpose of the meeting may not be reconsidered at another special meeting prior to the next Annual Meeting. The special meeting may not: approve an annual budget but may consider and vote on amendments to the budget; and may not consider dissolution of the District.

Section 2 – CONDUCT OF MEETING – All meetings of the District shall be conducted according to Roberts Revised Rules of Order unless contrary to the requirements of these By-Laws or Wisconsin Statutes. The chairman shall serve as parliamentarian or may appoint a parliamentarian.

Section 3 – ADOPTION OF BY-LAWS – These By-Laws may be adopted at any legal Annual Meeting of the District. Adoption shall require a majority vote of the electors, as defined herein, present and voting at the meeting The By-Laws shall become effective immediately upon passage and shall be signed and dated by the secretary of the District.

Section 4 – AMENDING BY-LAWS – These By-Laws may be amended at any legal Annual Meeting of the District. Amendments shall require a two-thirds affirmative vote of the electors present and voting at the meeting. The amended By-Laws shall be signed and dated with revision dates by the secretary of the District.

Section 5 – MINOR EDITS TO BY-LAWS – Minor typographic edits which do not affect the meaning and intent of the By-Laws may be corrected with the approval of a two-thirds vote of the Board.

Section 6 – CONSISTENCY WITH STATE STATUTES – Wisconsin State Statutes take precedence over all By-Laws adopted by local Districts. If these, or any portion of the By-Laws conflict with State Statutes as updated from time to time, the District will ratify the corrections at the next Annual Meeting of the District by a simple majority vote. Failure of the District to ratify the change will nullify the By-Law provision that is inconsistent. State statutes will apply.

Section 7 – SPECIAL DESIGNATIONS – Any future proposal to place all or part of Okauchee Lake under special status for any purpose including but not limited to Sensitive Area designations (NR 107), must be submitted to the electors at a Annual or special meeting for approval.

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Revised 08/22/05 Annual Meeting