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Chap3 Document Transcript

  • 1. The Governing Body Amended 3/2008 CITY OF EDGERTON MUNICIPAL CODE CHAPTER 3 THE GOVERNING BODY RULES OF THE COMMON COUNCIL AND COMMITTEE RESPONSIBILITIES. SECTION 3.01 REGULAR COMMON COUNCIL MEETINGS. The regular meetings of the Common Council shall be held at the Council Chamber on the first and third Monday in each month (except when such meeting date shall be on a holiday, then such regular meeting shall be held on the succeeding day), at 7:00 p.m., and special meetings at such times as the Mayor or a majority of the Council may direct. SECTION 3.02 MAYOR SHALL PRESIDE. The Mayor, or in his absence, the President of the Council, shall take the chair at the hour appointed, call the members of the Council to order, and may at the insistence of any two members, order the attendance of absentees. In the absence of the Mayor and President of the Council, any member may call the Council to order, and thereupon the Council shall appoint a Chairman to preside at such meeting. SECTION 3.03 QUORUM. 1. Two-thirds of all persons must be present at a Council meeting to constitute a quorum for the transaction of business. 2. Unless otherwise provided by statute or ordinance, a majority of the total membership of any city committee, board, commission, or authority shall constitute a quorum, regardless of whether a vacancy exists on the respective body. Final action by any such body shall require total votes constituting a quorum. A committee may convene without a quorum to discuss agenda items provided no action, recommendations or motions are made other than to adjourn the meeting. The lack of a quorum should be noted in the minutes. SECTION 3.04 MAYOR SHALL NOT COUNT IN QUORUM. The Mayor shall not be counted in computing a quorum, majority or other proportion under the requirements of law for the same, and shall not vote except in case of a tie. SECTION 3.05 SPECIAL MEETINGS. The Mayor may call a special meeting by written notice to each member delivered to him personally or left at his usual place of abode at least six hours before the meeting. Following a regular city election, the new Council shall first meet on the third Tuesday of April, and a President of the Council shall be chosen from among the aldermen by a majority vote thereof. SECTION 3.06 COMMITTEE APPOINTMENTS. 1. All committee appointments and other appointments shall be made by the Mayor or other presiding officer and confirmed by the Council unless otherwise provided by law. A majority of all the members of the Council shall be necessary for confirmation. In case of a tie the Mayor shall have the deciding vote as in other cases. 2. Resignations. All resignations from committee appointments and other appointments shall be submitted to the Mayor and Common Council in writing. 3. Partial Terms. All committee appointments and other appointments that occur after the third Tuesday in April shall be for the balance of the term for which the appointment is made. In the event of an appointment to an initial term of office beginning after the third Tuesday in April and having a specific 1
  • 2. The Governing Body Amended 3/2008 duration, if the partial term of office begins 182 calendar days or more before the next re-organizational meeting, such partial term shall be counted as one full year. (Ord. 01-12) SECTION 3.07 MEETINGS OPEN TO THE PUBLIC. Meetings shall be open to the public. The Council may punish by fine members or other persons for disorderly conduct. SECTION 3.08 ALL VOTES SHALL BE RECORDED. The ayes and noes may be required by any member. On confirmation and on the adoption of any measure assessing or levying taxes, appropriating or disbursing money, or creating any liability or charge against the City or any fund thereof, the vote shall be by ayes and noes. All aye and nay votes shall be recorded in the journal. (1) Minutes Shall Be Recorded. The minutes of all Common Council meetings, Committee and Commission meetings shall be recorded. All written minutes shall be based on said recordings. SECTION 3.09 STYLE OF ORDINANCES. The style of all ordinances shall be "The Common Council of the City of Edgerton do ordain as follows". SECTION 3.10 ORDER OF BUSINESS. The order of business for the Common Council meeting shall be as follows: (1) Call To Order. Call to order shall be made by the presiding officer. (2) Roll Call. If a quorum is not present, the meeting shall automatically adjourn to the next meeting. (3) Pledge of Allegiance. (4) Confirmation of Meeting Notice. The Clerk shall confirm the date and places the meeting was noticed and posted. (5) Acceptance of Agenda. The presiding officer shall request a motion to accept or amend the agenda as presented. (6) Personal Appearances. The presiding officer may allow comments and suggestions from citizens. (7) Approval Of The Minutes. Reading of the minutes of the preceding meeting, approval of the minutes if correct, and correction of mistakes, if any. Where copies of the minutes are received by each member in advance, the reading of the minutes aloud may be waived if no member objects. (8) Committee Reports. The agenda shall list all committees that have met since the last regular Common Council meeting. Action can only be taken on those items specifically listed. Brief reports may be given on committee activity but the members shall restrain from discussing those items not specifically listed. (9) Non-Committee Items. Items not coming from a committee may be listed before being discussed or action taken. (10)Mayor, Alderperson and Staff Reports. Communications and recommendations from elected and appointed individuals. (11)Closed Session. In accordance with the Wisconsin Statutes, the Council may go into closed session. (12)Adjourn. (Ord. 02-15) SECTION 3.11 ALL COMMUNICATION SHALL BE IN WRITING. All petitions, memorials, resolutions or other communications shall be in writing with a brief statement of their contents endorsed upon them, together with the name of the member presenting the same, and no application shall be considered or entered unless the same be in writing. Each committee to whom any matter shall be referred, shall report thereon in writing, at the first stated meeting after such reference, and the same shall be read by the Administrator previous to any further action being taken thereon. SECTION 3.12 QUESTIONS OF ORDER. The presiding officer shall decide all questions of order, subject to an appeal to the Council. SECTION 3.13 DECORUM. It shall be the duty of the presiding officer to preserve decorum; and if any member transgresses the Rules of the Council, the presiding officer shall, or any member may, call him to order, in which case the member called to order shall immediately sit down and be silent, unless permitted to explain, and the Council, if appealed to, shall decide the matter. 2
  • 3. The Governing Body Amended 3/2008 SECTION 3.14 ITEMIZED BILL REQUIRED. No bill shall be allowed unless the same be itemized. SECTION 3.15 ALL MEMBERS SHALL VOTE. Every member present, when a question is put, shall vote. SECTION 3.16 MOTIONS IN WRITING. Every motion or proposition, except privileged motions shall be reduced to writing by the Administrator. SECTION 3.17 MOTIONS TO BE READ. When a motion is made and seconded, it shall be deemed to be in possession of the Council, and shall be stated by the presiding officer or, being in writing, shall be delivered to the City Administrator, and read by him/her previous to debate. SECTION 3.18 WITHDRAWAL OF MOTIONS. After a motion is stated by the presiding officer, or read by the Administrator, it shall not be withdrawn, except by consent of the Council. SECTION 3.19 FORM OF QUESTION. All questions shall be put in this form: "As many as are of the opinion (as the case may be) say Aye; contrary, No" and in doubtful cases, the presiding officer may direct, or any member may call for a division. SECTION 3.20 SPEAKER TO CONFINE REMARKS. When a member is about to speak on a question, or make a motion, he shall rise and respectfully address the presiding officer, and the presiding officer shall pronounce the name of the member, entitled to the floor; and the member shall confine his remarks to the question under consideration. SECTION 3.21 SPEAKING LIMITATIONS. No member shall speak more than twice on any question, nor more than ten minutes at any one time without leave of a majority of the members present, expressed by a rising vote. SECTION 3.22 STANDING COMMITTEES. There shall be five standing committees of the Common Council. The standing committees of the Council shall be appointed by the Mayor, annually, and shall consist of three members. (1) PERSONNEL COMMITTEE. In addition to the duties assigned elsewhere, the Personnel Committee shall under advise of the City Administrator and under the overall control of the Common Council be responsible for the following: (a) Planning and Policy Recommendations. The Committee shall plan and recommend policies with respect to the safety of City employees and their working conditions. (b) Direct and Coordinate. The Committee shall direct all matters arising under Chapter 111, Wisconsin Statutes, and policy making on all personnel matters involving employees of the City. In performing these duties, the Personnel Committee shall work closely with the City Administrator, City Attorney, or labor negotiator designated by the Common Council. As Chief Personnel Officer, the City Administrator shall coordinate and administer all directives and policies of the Committee and City Council. (c) Wisconsin Employment Relations Commission. The Committee shall direct the conduct of all proceedings involving the Wisconsin Employment Relations Commission including those relative to the election, certification and decertification of collective bargaining units (including proceedings for the determination of the number of employees, type of bargaining unit and eligibility of employees in the classified service to participate in such elections) and including those relative to prohibited practice, fact finding, compulsory arbitration and mediation proceedings. The Personnel Committee shall also direct the conduct of all of the proceedings before courts or other government agencies involving personnel matters. (d) Collective Bargaining. The Committee shall be the Collective Bargaining Team for the City. Recognized City employee labor organizations shall submit their collective bargaining requests to the 3
  • 4. The Governing Body Amended 3/2008 City Administrator who shall refer these matters to the Committee. The Committee may then conduct a public hearing on the requests in which all interested persons may appear and state their views thereon. Collective bargaining with recognized bargaining units shall be carried on by the Committee which shall adopt and amend rules and procedures not in conflict with any other existing ordinances or resolutions of the City governing the conduct of such bargaining. The City Administrator shall be the Chief Negotiator and spokesperson for the bargaining team. Elected officials, department heads, and supervisory personnel shall not distribute, to any City employee or other person, any written communication bearing upon the subject of relations matters unless prior approval of the City Administrator. The agreements reached at the conclusion of such collective bargaining shall be reduced to writing by the City Administrator and submitted in the form of a proposed ordinance or resolution to the Committee which shall present said document to the Common Council for its approval or rejection. (e) Enforcement. The Committee shall be empowered to authorize the City Administrator to institute legal proceedings to prevent employees from engaging or continuing to engage in practices prohibited by or in violation of Chapter 111, Wisconsin Statutes, and to enforce any ordinance or resolution by the Common Council relative to agreements reached at the conclusion of collective bargaining procedures as provided for in Subparagraph. 4. (f) Employees Excluded From Recognized Bargaining Units. The Committee upon recommendation of the City Administrator shall periodically, but not less than annually, review the wages, hours and conditions of employment of all employees not represented by recognized City employee labor organizations and submit their recommendations to the Common Council. The Committee may meet with such employees, if they so request, prior to making its recommendations. (g) Employment Selection. As outlined in section 1.3 of the Personnel Policies and Procedures Manual, the appropriate Authorizing Body shall approve candidates for employment. (Ord 02-02) (h) City Administrator As Ex-officio Member. The City Administrator shall be an Ex-officio member of the Personnel Committee, but shall not vote on matters before the Committee. (2) FINANCE COMMITTEE. In addition to duties assigned elsewhere, the Committee shall have charge, under the supervision of the Common Council and recommendation of the City Administrator and Finance Director, of all purchases of insurance coverage, labor, services, supplies and materials and shall be responsible for the direction and coordination of all contracts made except where sufficient funds have been appropriated in the current budget to an official, department, board or commission or to a particular fund. All purchases shall be made on the basis of a written purchase order by the proper official, department head, board or commission. (Ord. 96-6) In addition to the above duties, the Committee shall be responsible for the licenses and permits. The Committee shall make recommendations to the Common Council with respect to license applications and matters pertaining to licenses and permits as they pertain to Chapter 5, 6, 7, 9, 16, 17, 18, 19, 20, and 21 of this Municipal Code. (Ord. 96-6) (a) Public Hearing. The Finance Committee may conduct a public hearing in regard to any prospective purchase or contract and interested persons may appear and state their views thereon. (b) City Administrator And Finance Director As Ex Officio Members. The City Administrator and Finance Director shall serve as an ex officio members of the Finance Committee, but shall not vote on matters before the Committee. (Ord. 96-6) (3) PUBLIC WORKS COMMITTEE. In addition to the duties assigned elsewhere, the Public Works Committee shall be responsible for the following: (a) Plan and Set Policy For Maintenance. In consultation with the City Administrator, Director of Public Works and City Engineer, the Public Works Committee shall plan and set policy for the repair and maintenance of City streets, sidewalks, storm sewers, and public buildings. (b) Plan and Set Policy for Cemetery. The rules and regulations governing the cemetery and interments therein; the review of the sale price of cemetery lots, the amounts of annual assessments, perpetual care, charge for work done by cemetery employees and the annual operating and capital budgets for the 4
  • 5. The Governing Body Amended 3/2008 cemetery. All other duties and authority as described in 157.50 of the Wisconsin Statutes and Chapter 14 of this Code. (c) Plan And Set Policy For Health And Sanitation. The Committee, in consultation with the City Administrator, Director of Public Works, City Engineer and County Health Department, shall plan and set policy on matters pertaining to health and sanitation including, but not limited to, refuse collection, solid waste disposal, and land fill management. (d) The planning and policy setting on matters pertaining Chapters 10, 11, and 14 of this Municipal Code. (Ord. 96-16) (4) PUBLIC SAFETY AND WELFARE COMMITTEE. In addition to the duties assigned elsewhere, the Public Safety and Welfare Committee shall be responsible for the following: (a) Police Department. In consultation with the Police Chief, City Administrator and Police Commission, the Committee shall plan and set policy for the operation and administration of the Police Department. (b) Building Inspection and Regulation. The Committee, in consultation with the City Administrator and Building Inspector, shall plan and set policy on matters pertaining to building inspection and regulation. (c) Nuisance Abatement. The Committee, in consultation with the City Administrator, City Attorney, Director of Public Works and Police Chief, shall plan and set policy on matters pertaining to the abatement of nuisances. (d) Disorderly Conduct. The Committee, in consultation with the City Attorney, Chief of Police and City Administrator, shall plan and set policy on matters pertaining to disorderly conduct. (e) Recommend Ordinances and Resolutions. The Committee, in consultation with the City Administrator, Director of Public Works, City Attorney, Police Chief and Fire Chief, shall review and make recommendations on ordinances and resolutions pertaining to parking, pedestrian and vehicular traffic, signage and general Public Safety and Welfare matters relating to this Section. Except where provided elsewhere, it shall also be the responsibility of said Committee to review and recommend all other ordinances coming before the Common Council. (5) PERMITS AND LICENSES COMMITTEE. This section shall be abolished as a separate Committee. All functions of this committee shall be incorporated into the Finance Committee. (Ord. 96-6) 3.225 OTHER COMMITTEES Other committees of the Council shall be appointed by the Mayor, as set forth by each committee description as follows: (1) PARKS AND RECREATION COMMITTEE. A Parks and Recreation Committee is created pursuant to Sections 27.08 of the Wisconsin Statutes and shall have the duties and authority prescribed therein and in Section 27.09 and the care and management of the parks and recreation program of the City. (a) COMPOSITION. The Parks and Recreation Committee shall be comprised of 7 members, 2 shall be members of the Common Council, with the remainder being residents of the City. (b) APPOINTMENT AND TERM. Members shall be appointed by the Mayor, subject to confirmation of the Common Council, for a term of 5 years commencing May 1, with the terms staggered so that at least one but not more than 2 terms expire annually. - (c) POWERS AND DUTIES. The Parks and Recreation Committee shall serve as an advisory Committee to the Common Council, advising the Council on all matters pertaining to the management and regulations of all parks now owned or hereafter acquired and all recreation programs of the City. Areas of responsibility shall include, but not be limited to: 1. The management, improvement and care of public parks. 2. The development of policies, procedures, rules and regulations pertaining to the use of public parks and City sponsored recreation programs. 3. The development of annual operating and capital budgets for the parks, recreations, and swimming pool programs. 4. The development of a broad variety of recreational programs and services to meet the needs and demands of the community. 5. Advising the Council on issues of land acquisition and leasing and/or land sales or exchanges affecting the City's parks. 5
  • 6. The Governing Body Amended 3/2008 6. Advising the Council on levels of staffing. (Ord. 96-16) (2) COMMITTEE OF THE WHOLE. The Committee of the Whole shall serve as a forum of discussion and communication between all Committees, and shall be comprised of all members of the Common Council and the Mayor. No final action on any issue may be taken by such Committee. Said Committee shall be open to the public. Proper posting of this Committee meeting, shall be determined by the appropriate Wis. Stats. (3) SPECIAL COMMITTEES. Select or special committees may be raised by resolution designating the number of members, the objective and the duties or responsibilities of the same. Unless otherwise provided, the members shall be appointed by the Mayor. Said Committees shall be dissolved at each re- organizational meeting of the Council. (4) REVOLVING LOAN FUND COMMITTEE. The Revolving Loan Fund Committee (RLF) shall consist of seven (7) members appointed by the Mayor and confirmed by the Common Council as follows: (a) Members: The seven member committee shall consist of individuals representative of a broad City interests and have special expertise and knowledge of commercial lending and economic development processes. Expertise on the Committee optimally shall include representation from the governing body, the Planning Commission, the local development corporation, the local chamber of commerce, the local banking community, a business law attorney and the RLF administrator. The City Administrator shall serve as the RLF administrator. The members of the Revolving Loan Fund Committee shall be nominated by the Mayor and confirmed by the Common Council. (b) Terms of Office: Terms of office for the RLF administrator shall be indefinite. Terms of office for the Council member and Plan Commission member, if any, shall be one year. The terms of office for the remaining members of the committee shall be five years alternating. (c) Powers and Duties: The Revolving Loan Fund Committee shall have the authority to review, select and recommend loan applications to the governing body for final approval. The Committee shall also have the authority to make policy recommendations for the administration of the program. The Committee shall follow the guidelines set forth by the Wisconsin Department of Development and stated in the Revolving Loan Fund manual. SECTION 3.23 COMMITTEE REPORTS. Committees on making their reports, shall return the petition, resolution or other paper containing the subject matter so referred to the Council. SECTION 3.24 PAYMENTS AUTHORIZED BY COUNCIL. No account or other demand against the City shall be allowed and directed to be paid, unless the same shall be examined and certified to be correct by the appropriate committee of the Council and reported to and audited by the Council. SECTION 3.25 REPORTS AND RESOLUTIONS. All reports and resolutions shall be entered on the minutes and filed with the City Administrator. SECTION 3.26 QUESTION BEFORE THE COUNCIL. When a question is before the Council, no motion shall be received unless to adjourn, lay on the table, move the previous question, to commit or to amend. Questions shall have precedence in the order in which they are submitted. SECTION 3.27 MOTION TO ADJOURN. A motion to adjourn shall always be in order, unless the Council is engaged in voting, and shall be decided without debate. SECTION 3.28 PREVIOUS QUESTIONS. The previous question shall be put in these words: "Shall the main question be now put?" and it shall be submitted on demand of two members, and, until decided, shall preclude all further amendment or debate of the main questions, but shall not preclude pending amendments from being put before the main questions. SECTION 3.29 DIVISION OF QUESTION. Any member may call for a division of the question, when the same will admit thereof. 6
  • 7. The Governing Body Amended 3/2008 SECTION 3.30 ROLL CALL VOTE. The ayes and noes shall be taken and recorded upon any question before the Council, upon the call of any member. The roll shall be called with the first member called to vote rotating in alphabetical order on each roll call vote. It shall not be in order for any member to explain his vote during the calling of ayes and noes. SECTION 3.31 REFERRALS TO COMMITTEE. All petitions shall be presented by the presiding officer and the contents after being briefly stated may be referred to a committee or acted upon immediately by the Council. SECTION 3.32 SPECIAL STANDING COMMITTEE REPORTS. All reports of special standing committees of the Council are required to be in writing. SECTION 3.33 ORDINANCES AND RESOLUTIONS. Every ordinance or resolution in the nature of an ordinance, shall be read at length when introduced. After such first reading every ordinance, or resolution in the nature of an ordinance, shall lay over until the next regular meeting of the Council, when it shall be read a second time, unless the Council shall suspend its rules by a two-thirds vote of its members and order a second reading thereof at the same meeting such ordinance, or resolution in the nature of an ordinance, was read the first time. On such second reading it shall be sufficient to have such ordinance, or resolution in the nature of an ordinance, read by title only, unless otherwise requested by some member of the Council. No by-law or ordinance shall contain more than one subject, which shall be clearly expressed in its title, and no ordinance or section thereof shall be revised or amended unless the new ordinance contains the title of the ordinance or section revised or amended. SECTION 3.34 SECOND READING OF ORDINANCE. Upon the second reading of an ordinance, or resolution in the nature of an ordinance, the presiding officer shall state it as ready for commitment to a committee or passage. If for commitment to a Committee, the question shall be whether to a standing committee or to a special committee. SECTION 3.35 RECOMMITMENT OF ORDINANCE. An ordinance after commitment and report thereof may be re-committed at any time previous to its final passage. SECTION 3.36 RIGHT OF DISSENT. Any member shall have the liberty to dissent from, and protest against, any ordinance, resolution or order of the Common Council which he may think injurious to the public or any individual and have the reason for his dissent entered into the journal. SECTION 3.37 LEAVE OF ABSENCE FROM COUNCIL. No member is to leave the Council without leave of absence, under penalty of Ten Dollars ($10.00) for each offense, to be imposed by a vote of the majority of the members of the Common Council. SECTION 3.38 COUNCIL VACANCIES. Vacancies in the office of Mayor or Alderperson shall be filled by appointment by the Common Council and subject to those provisions of Chapter 17.23 Wisconsin Statutes. SECTION 3.39 ROBERT'S RULES OF ORDER. In the absence of a standing rule of the Council, the rules and orders of Robert's Rules of Order shall be followed. SECTION 3.40 MEETING AGENDAS. 1. Agenda items for the Common Council shall be set by the Mayor or City Administrator. Agenda items for other city committees, boards, commissions, and authorities shall be set by the head of the respective committee or the City Administrator. 7
  • 8. The Governing Body Amended 3/2008 2. During a meeting, a member may request that the chair or Mayor place an item on the next meeting agenda. In such a case, the Mayor or chair shall either grant the request or submit it to the body. If the request is approved by a majority, the item shall be placed on the next meeting agenda. SECTION 3.41 RECONSIDERATION OF VOTE. It shall be in order for any member who voted with the prevailing side, or in the case of a tie vote one who voted with either side, to move a reconsideration of such vote, at the same or next succeeding regular meeting of the Council. A motion to reconsider having been put and lost shall not again be in order. SECTION 3.42 MODIFY COUNCIL RULES. The assent of two-thirds of all the members of the Council shall be required to alter or modify any of the foregoing rules. SECTION 3.43 MAYOR SHALL VOTE IN TIE. In case of a tie vote on any ordinance, resolution, motion or other matter or issue being considered by the Common Council, the Mayor shall vote to break the tie vote. 8