[HISTORY: Adopted by the Common Council of the City of Bayfield 4-1-1992 (§§ 2-1-1 and 2-2-1 through 2-2-18 of the 1992 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Elections — See Ch. 36.
Emergency government — See Ch. 42.
Code of Ethics — See Ch. 48.
A. 
Mayor-Council government. The City of Bayfield is a body corporate and politic with the powers of a municipality at common law and governed by the provisions of Chs. 62 and 66, Wis. Stats., laws amending those chapters, other acts of the Legislature and the Constitution of the State of Wisconsin. The City of Bayfield operates under the Mayor-Council form of government under Ch. 62, Wis. Stats.
B. 
Division of responsibilities.
(1) 
Legislative branch. The Common Council is the legislative branch of City Government. Its primary business is the passage of laws in the form of ordinances or resolutions which shall prescribe what the law shall be, not only in relation to the particular facts existing at the time, but as to all future cases arising under it. The Common Council shall fix the salaries of all officers and employees of the City, and be charged with the official management of the City's financial affairs, its budget, its revenues and the raising of funds necessary for the operation of the City.
(2) 
Executive branch. The Mayor shall be the chief executive officer. He/she shall take care that all City ordinances and state laws are observed and enforced and that all City officers, boards, committees and commissions discharge their duties. When present, he/she shall preside at the meetings of the Common Council. He/she shall from time to time give the Council such information and recommend such measures as he/she may deem advantageous to the City.
The Alderpersons of the City of Bayfield shall constitute the Common Council. The Common Council shall be vested with all the powers of the City not specifically given some other officer, as well as those powers set forth elsewhere throughout this Code.
A. 
At the next regular City election in the City of Bayfield, to be held on April 5, 1988, one Alderperson from each of the First and Third Districts will be elected for a term of one year, and one Alderperson from the Second and Fourth wards will be elected for a term of two years.
B. 
In April of 1989, a City election shall be held and one Alderperson from the First and Third Districts shall be elected for a term of two years.
C. 
Thereafter, elections shall be held in April of each year to elect Alderpersons whose terms expire, for terms of two years, as set forth in § 36-4C, Election of Alderpersons, of Chapter 36, Elections.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[1]
Editor's Note: This section was originally adopted by charter ordinance.
A. 
Election. The Mayor shall be elected in even-n umbered years for a term of two years.
B. 
Duties.
(1) 
The Mayor shall be the Chief Executive Officer of the City. He shall be Chairperson of the Personnel Committee and head of the Police and Fire Departments. He shall take care that City ordinances and the State Statutes are observed and enforced.
(2) 
The Mayor shall, from time to time, provide the Council such information and recommend such measures as he may deem advantageous to the City. When present, he shall preside at the meetings of the Council.
(3) 
The Mayor shall have such other duties and responsibilities as are prescribed in the Wisconsin Statutes.
C. 
Veto power. He shall have the veto power as to all acts of the Council except such as to which it is expressly or by necessary implications otherwise provided. All such acts shall be submitted to him by the City Clerk, and shall be enforced upon his approval, evidenced by his signature, or upon his failing to approve and disapprove within five days, which fact shall be certified thereon by the City Clerk. If the Mayor disapproves, he shall file his objection with the City Clerk, who shall present it to the Council at its next regular meeting. A two-thirds vote of all the members of the Council shall be necessary to make the act effective, notwithstanding the objection of the Mayor.
D. 
Mayoral appointments.
(1) 
Wherever in the Code of the City of Bayfield the Mayor is required to appoint citizens to committees, commissions and/or boards, the Mayor shall give written notice to the Common Council at least seven days prior to the Council meeting at which such appointment shall be made. In the event the Common Council rejects a Mayor's appointment, the same name may not be submitted for the same job for a period of 12 months after the refusal of such appointment.
(2) 
In the event a vacancy occurs in any committee, board or commission requiring the appointment of a citizen member and the Mayor does not nominate a successor thereof for a period of 60 days after the vacancy occurs, the Common Council may then nominate an appointee to such position.
(3) 
In the event the Council, by parliamentary practice, tables an appointment by the Mayor, such tabling action shall be effective for that meeting, but at the next regular meeting of the Common Council, such appointment shall be on the meeting agenda for further consideration, and the particular appointment involved may not be tabled a second time.
The Common Council at its first meeting subsequent to the regular election and qualification of new members shall, after organization, annually choose from its members a President who, in the absence of the Mayor, shall preside at meetings of the Council and, during the absence or inability of the Mayor, shall have the powers and duties of the Mayor, except that he shall not have power to approve an act of the Council which the Mayor has disapproved by filing objections with the City Clerk. He shall, when so officiating, be styled "Acting Mayor." The President of the Council shall be elected for a one year term of office.
A. 
Standing committees. At the organizational meeting of the Common Council in each year following the annual election, the Mayor may appoint Alderpersons to standing committees, subject to Council confirmation, which shall have such duties and responsibilities as prescribed by the Mayor and this Code, and to make whatever recommendations to the Council as it deems appropriate or as may be directed by the Council.
B. 
Committee appointments.
(1) 
Committee appointments shall be made pursuant to § 72-4D. The chairperson of each committee shall be elected by that committee. Each member shall serve as appointed unless excused by a majority of the members of the Council. All Alderpersons shall serve on at least one standing committee. The Mayor shall be an ex officio member of each standing committee.
(2) 
The Mayor may declare the entire Council a committee of the whole for informal discussion at any meeting or for any other purpose, and shall ex officio be chairman of the same.
(3) 
The Mayor may, from time to time, appoint such special committee or committees as he may deem advisable or as provided for by motion or resolution stating the number of members and object thereof to perform such duties as may be assigned to them.
C. 
Reference and reports.
(1) 
The Mayor shall refer new business coming before the Common Council to the appropriate committee, unless otherwise referred or disposed of by motion of the Council.
(2) 
The chairman of the committee shall report verbally to the Council at the meeting at which the report of the committee is to be made. Adoption of the committee report shall comprise final Council action on any ordinance, resolution or other matter recommended for adoption by the committee report.
(3) 
Formal committee recommendations will be placed on the agenda for Council action only if they are submitted to the City Clerk in written form with sufficient time for publication.
D. 
Cooperation of City officers. All City officers shall, upon request of the chairman of the committee, confer with the committee and supply to it such information as may be requested in connection with any matter pending before the committee.
A. 
General. The Common Council shall be vested with all the powers of the City not specifically given some other officer. Except as otherwise provided by law, the Common Council shall have the management and control of the City property, finances, highways, streets, navigable waters and the public service, and shall have the power to act for the government and good order of the City, for its commercial benefit and for the health, safety, welfare and convenience of the public, and may carry its powers into effect by license, regulation, suppression, borrowing, taxation, special assessment, appropriation, fine, imprisonment and other necessary or convenient means. The powers hereby conferred shall be in addition to all other grants and shall be limited only by express language.
B. 
Acquisition and disposal of property. The Common Council may acquire property, real or personal, within or without the City, for parks, libraries, historic places, recreation, beautification, streets, waterworks, sewage or waste disposal, harbors, improvement of watercourses, public grounds, vehicle parking areas and for any other public purpose; may acquire real property within or continuous to the City, by means other than condemnation, for industrial sites; may improve and beautify the same; may construct, own, lease and maintain buildings on such property for instruction, recreation, amusement and other public purposes; and may sell and convey such City-owned property, except dedicated, platted parks.
C. 
Acquisition of easements and property rights. Confirming all powers granted to the Common Council and in furtherance thereof, the Council is expressly authorized to acquire by gift, purchase or condemnation under Ch. 32, Wis. Stats., any and all property rights in lands or waters, including rights of access and use, negative or positive easements, restrictive covenants, covenants running with land, scenic easements and any rights for use of property of any nature whatsoever, however denominated, which may be lawfully acquired for the benefit of the public or for any public purpose, including the exercise of powers granted under § 62.23, Wis. Stats.; and may sell and convey such easements or property rights when no longer needed for public use or protection.
D. 
City finances. The Common Council may levy and provide for the collection of taxes and special assessments; may refund any tax or special assessment paid, or any part thereof, when satisfied that the same was unjust or illegal; and generally may manage the City finances.
E. 
Construction of powers. Consistent with the purpose of giving to cities the largest measure of self-government in accordance with the spirit of the home rule amendment to the Constitution, the grants of power to the Common Council in this section and throughout the Code of the City of Bayfield shall be liberally construed in favor of the rights, powers and privileges of cities to promote the general welfare, peace, good order and prosperity of the City and its inhabitants.
F. 
Vacancies. Pursuant to § 62.09(5), Wis. Stats., if any officer be incapacitated or absent for any cause, the Common Council may appoint some person to discharge his duties until he returns or such disability has ended.
The Common Council, on behalf of the City, may join with other villages, towns, or cities or other governmental entities in a cooperative arrangement for executing any power or duty in order to attain greater economy or efficiency, including joint employment of appointive officers and employees and joint purchasing programs.
The Common Council has the power to preserve order at its meetings, compel attendance of Alderpersons and punish nonattendance. The Common Council shall be judge of the election and qualification of its members.
[Amended 5-13-2013 by Ord. No. 370; 10-19-2015 by Ord. No. 378]
The Mayor and Alderpersons who make up the Common Council, whether operating under general or special law, may, by majority vote of all the members of the Common Council, determine that an annual salary or per diem compensation be paid the Mayor and Alderpersons. The salaries of all elected and appointed officials shall be as determined by the City Council from time to time, provided the salary of the Mayor and members of Council shall not be increased during their terms of office.
A. 
Annual organization meeting. Following a regular City election, the Common Council shall meet on the third Tuesday of April for the purpose of organization.
B. 
Regular meetings. Regular meetings of the Common Council shall be held as scheduled by the Council. Any regular meetings falling upon a legal holiday shall be held on the next following secular day, at the same hour and place, or as otherwise designated by majority vote of the Common Council. All meetings of the Council shall be held in the Bayfield Municipal Building, including special and adjourned meetings, unless another location is designated by the Common Council at a previous meeting.
[Amended 10-18-2006 by Ord. No. 335]
A. 
Special meetings may be called by the Mayor upon written notice of the time and purpose thereof to each member of the Council delivered to him personally or left at his usual place of abode at least six hours before the meeting. The City Clerk shall cause an affidavit of service of such notice to be filed in his office prior to the time fixed for such special meetings. Special meetings shall comply with the notice provisions of the Wisconsin Open Meeting Law.[1] In addition, a special meeting may be called by a written request signed by two Alderpersons, which written notice for said special meeting shall be delivered to every member of the Council and the Mayor personally, or left at their abode at least six hours before said meeting being called. If written consent is obtained, it shall be filed with the City Clerk prior to the beginning of the meeting.
[1]
Editor's Note: See §§ 19.81 to 19.98, Wis. Stats.
B. 
Nongovernmental parties requesting a special meeting of the Council, or other City body (Plan Commission, Harbor Commission, Public Works, Architectural Review Board, etc.), shall pay a fee as set by Council for such meeting.
[Amended 6-12-2017 by Ord. No. 389]
Except as provided in § 19.85, Wis. Stats., all meetings of the Common Council, committees thereof, and City boards, committees and commissions, shall be open to the public.
A. 
A majority of the members-elect of the Common Council shall constitute a quorum, but a lesser number may adjourn if a majority is not present or compel the attendance of absent members. The Mayor shall not be counted in computing a quorum. No action shall be taken unless a quorum is present.
B. 
The Council may, by a majority vote of those present, adjourn from time to time to a specific date and hour.
A. 
Presiding officer. The Mayor shall preside over all meetings of the Common Council. In the absence of the Mayor, the President of the Council shall preside.
B. 
Duties. The presiding officer shall preserve order and decorum, decide all questions of order, and conduct the proceedings of the meeting in accordance with the parliamentary rules contained in Robert's Rules of Order (Revised), unless otherwise provided by statute or by this chapter. Any member shall have the right to appeal from a decision of the presiding officer. An appeal shall be sustained by a two-thirds vote of the members present excluding the Mayor. In the absence of the City Clerk, the presiding officer shall appoint a Clerk pro tem.
A. 
Order of business. At all regular meetings, the order of business shall be according to the tentative agenda prepared by the City Clerk. All matters to be considered at a regular or special Council meeting shall be submitted to the City Clerk at least by 12:00 noon of the day prior to the meeting. All copies of the agenda shall be forwarded by the City Clerk to the representatives of the press, radio and television as part of his notice of such public meeting, and to members of the Council. The following order may be observed in the conduct of all meetings of the Council:
(1) 
Call to Order by presiding officer.
(2) 
Roll call.
(3) 
Reading, correction and approval of the minutes of the last preceding meeting or meetings.
(4) 
Reports of standing committees and officers.
(5) 
Reports of special committees.
(6) 
Unfinished business remaining from preceding sessions in the order in which it was introduced.
(7) 
New business.
(8) 
Communications and miscellaneous work.
(9) 
Adjournment.
B. 
Order to be followed. No business shall be taken up out of order unless by unanimous consent of all Alderpersons and in the absence of any debate whatsoever.
C. 
Citizen comments. The Mayor or presiding officer shall determine at what point in a meeting citizens will be called upon to speak and may impose a limit on the length of time a citizen may address the Council.
A. 
Ordinances to be in writing. All ordinances submitted to the Council shall be in writing and shall begin with a title and the name of the Alderperson or Mayor introducing the same. Ordinances may be drafted by the City Attorney at the request of the Mayor or Council or by any member of the staff or Council; and upon passage by the Council, the City Clerk shall superintend the printing of the same. Any written material introduced may be referred to the appropriate committee pursuant to § 72-6. Any member of the Council may require the reading in full of any ordinance or resolution at any time it is before the Council.
B. 
Subject and numbering of ordinances. Each ordinance shall be related to no more than one subject. Amendment or repeal of ordinances shall only be accomplished if the amending or repealing ordinance contains the number and title of the ordinance to be amended or repealed, and title of amending and repealing ordinances shall reflect their purpose to amend or repeal.
C. 
Notice.
(1) 
The Common Council may take action on an ordinance only if it appears on the written agenda for the meeting at which action is requested.
(2) 
Ordinances will be placed on the agenda for Council action only if they are submitted to the City Clerk in written form not later than 12:00 noon on the day prior to the regular or special Council meeting at which action is requested.
A. 
All general ordinances of the City and all regulations imposing any penalty shall be published in the official paper of the City once and shall be immediately recorded, with the affidavit of publication, by the City Clerk in a book kept for that purpose. A printed copy of such ordinance or regulation in any book, pamphlet or newspaper and published or purporting to be published therein by direction of the Common Council shall be prima facie proof of due passage, publication and recording thereof.
B. 
All ordinances shall take effect and be in force from and after passage and publication, unless otherwise provided and published copies thereof shall have appended the date of first publication.
A. 
Roll call. When the presiding officer shall have called the members to order, the City Clerk shall proceed to call the roll in alphabetical order, noting who are present, and who are absent. If, after having gone through the call, it shall appear that a quorum is not present, the fact shall be entered in the minutes, and the members present may adjourn to a later date in the month. If they do not, the Council shall stand adjourned to the time appointed for the next regular meeting unless a special meeting is called sooner as provided by the Wisconsin Statutes or §§ 72-12 and 72-13.
B. 
Meeting attendance. All members of the Common Council shall attend all Council meetings, meetings of committees to which members have been appointed, and special or adjourned meetings when duly notified thereof. A member who does not appear in answer to his name when the roll is called at any regular meeting or any special or adjourned meeting when notified thereof shall be marked absent. Any member seeking to be excused from attending any regular or special meeting must notify the Mayor or City Clerk in advance of such meeting, explaining the reason for his absence and, upon complying with this requirement, such members shall be duly excused from attending said meeting.
C. 
Absence of designated presiding officers. In the case of the absence of the Mayor and the President of the Council, the Council at any regular or special meeting shall proceed to elect one of their members to preside at a meeting, which election shall be by open ballot, and shall require a majority of the total votes cast by the members in attendance.
D. 
Addressing Council. No member may speak more than 10 minutes without first obtaining leave of the presiding officer, and no person not a member of the Council shall be permitted to address the Council, except on leave especially granted by the presiding officer pursuant to § 72-16C.
E. 
Necessity of roll call vote. A roll call shall be necessary on all questions or motions upon the call of the Mayor or an Alderperson and on all matters involving expenditures.
F. 
Roll call vote procedure. The ayes and nays shall be ordered upon any question at the request of any member of the Council, or the Mayor, and the City Clerk shall call the roll starting with the Alderperson whose last name appears first on the list of the Alderpersons' names alphabetically arranged and, on the next call of the roll, at the same or any subsequent meeting, the Clerk shall start with the Alderperson whose name appears next on said alphabetical list, and each subsequent call of roll shall begin with the name of the Alderperson next on said alphabetical list of Alderpersons, such order of roll call shall be followed until the list of Alderpersons has been completed. Each time the list has been completed, the City Clerk shall again start on top of the list and proceed on down through the list.
G. 
Reconsideration. When a motion has been decided, it shall be in order for any member who voted in the majority, to move a reconsideration thereof, at the same or next succeeding meeting and the Mayor shall call for a roll call of the Alderpersons. If a majority of the members present shall be in favor of a reconsideration, the subject shall be before the Council for further action.
H. 
Precedence of motions. When a question is under discussion, the following motions shall have precedence in the order listed:
(1) 
To adjourn.
(2) 
To recess.
(3) 
To lay on the table.
(4) 
To move the previous question.
(5) 
To postpone to a day certain.
(6) 
To refer to a committee.
(7) 
To amend.
(8) 
To postpone indefinitely.
I. 
Rules of parliamentary procedure. The rules of parliamentary practice in Robert's Rules of Order (Revised 1951), which is hereby incorporated by reference, shall govern the proceedings of the Council in all cases to which they are applicable and in which they are not inconsistent with these rules or with the laws of the State of Wisconsin.
J. 
Reconsideration of questions. It shall be in order for any member, if in the majority, to move for the reconsideration of any vote in question at the same meeting or at the next succeeding regular adjourned meeting. A motion to reconsider being put and lost shall not be renewed.
K. 
Call for the previous question. Any member desirous of terminating the debate may call the previous question when the question announced by the Mayor shall be "call the main question." If a majority of the members present vote in the affirmative, the main question shall be put to a vote without further debate, and its effect shall be to put an end to all debate and bring the Council to a direct vote, first upon the pending amendment and then upon the main question.
L. 
Amendment of rules. The rules of this section shall not be rescinded or amended unless the proposed amendment or motion to rescind has laid over from a regular meeting, and then it shall require a vote of 2/3 of all the members of the Council.
M. 
Suspension of rules. Any of the provisions of this section may be suspended temporarily by a recorded vote of 2/3 of the Council members present at any meeting.