There shall be a Board of Police and Fire Commissioners constituted
in the manner prescribed by law and with such powers and duties as
are prescribed by law.
There shall be a Board of Health created in the manner set forth in Chapter
8 of the South Milwaukee Code and with such powers and duties as are prescribed by law or by ordinance of the City of South Milwaukee and by the rules and regulations of the State Board of Health.
There shall be a Water/Wastewater Commission created in the manner set forth in Chapter
10 of the South Milwaukee Code and with such powers and duties as prescribed by law or by ordinance of the City of South Milwaukee.
There shall be a Water/Wastewater Commission created in the manner set forth in Chapter
11 of the South Milwaukee Code and with such powers and duties as are prescribed by law or by ordinance of the City of South Milwaukee.
[Amended 9-7-1971 by Ord.
No. 925]
The Board of Public Works provided for by § 62.14,
Wis. Stats., is hereby dispensed with and the duties and powers otherwise
exercised by said Board and as provided by statute shall be exercised
by the Common Council Committee on Public Works.
[Amended 4-16-1974 by Ord. No. 987]
A. The Board of Review in and for the City of South Milwaukee shall
consist of five residents of the City of South Milwaukee, none of
whom shall occupy any public office or be publicly employed by the
City of South Milwaukee.
B. The five resident members shall be appointed by the Mayor, with the
approval of the Common Council, and shall hold office as members of
the Board for five years and until their successor are appointed and
qualified. The first appointment shall be for one, two, three, four
and five years respectively.
C. The salary of each member of the Board of Review shall be as fixed
by the Common Council.
[Amended 4-21-1998 by Ord. No. 1705]
D. Pursuant to Wis. Stats. § 70.47(7)(c) the board of review
is authorized to grant a taxpayer a sixty-day extension for a hearing
related to the taxpayer's objection submitted under § 70.47
provided the taxpayer submits with the objection a request to the
board for an extension and pays the fee specified in Wis. Stats. § 70.47(7)(c).
The board of review procedure and extension shall be governed by the
terms of Wis. Stats. §§ 70.47(7)(c) and 70.47(8)(d)
and (j). The City assessor shall follow the procedure dictated in
Wis. Stats. § 70.47(7)(c).
[Added 4-15-2008 by Ord.
No. 1966]
E. Confidential information.
(1) Pursuant to Wis. Stats. § 70.47(7)(af) income and expense
information provided by a property owner to the assessor for the purpose
of establishing a valuation for assessment purposes by the income
method of valuation shall be confidential and not a public record
open to inspection or copying under Wis. Stats. § 19.35(1).
(2) Exceptions. Disclosure of such income and expense information may
be made in the following circumstances:
(a)
To or by the assessor in the course of his/her duties.
(b)
To or by the board of review in connection with its review of
any assessment.
(c)
To persons using the information in the discharge of duties
imposed by law or of the duties of their office, including as necessary
to attorneys or expert witnesses acting on behalf of the City in defense
of any claim of excessive assessment under Wis. Stats. § 74.37
as well as to any board or court reviewing such a claim.
(d)
Pursuant to an order from a court.
[Amended 4-18-2000 by Ord. No. 1768]
A. Members. Pursuant to Wis. Stats. § 62.23(1), the City of
South Milwaukee Plan Commission shall consist of seven members. All
members of the Commission shall be appointed by the Mayor. The citizens
members will preferably be from different aldermanic districts.
[Amended 4-23-2018 by Ord. No. 2172]
(1) The Mayor may appoint himself or herself to the Commission and may
appoint other City elected or appointed officials, except that the
Commission shall always have at least three citizen members who are
not City officials.
(4) Citizen members shall be persons of recognized experience and qualifications.
The citizen members of the Commission shall be appointed to hold office
for a period of three years. Elected City officials shall serve during
his/her term of office. Appointed City officials shall be appointed
to hold office for a period of three years. Appointments shall be
made by the Mayor during the month of April for terms that expire
in April or at any other time if a vacancy occurs during the middle
of a term.
(5) In the event that the Mayor selects an appointed or elected official
other than the City Engineer to serve on the Commission, the City
Engineer shall attend all meetings of the Plan Commission but shall
not be a member.
(6) All appointments in this section are subject to confirmation of a
majority vote of the Common Council.
B. Meetings. The Commission shall meet at least once each month when
there is business requiring its attention. Commission meetings shall
be at such regular time and place as the Commission shall determine.
Special meetings shall be held when called by the presiding officer.
The presiding officer shall be selected by the Mayor. A majority of
the members shall constitute a quorum. The Commission may adopt such
meeting and public hearing rules and procedures, not in conflict with
State Statutes and City ordinances, as it shall determine will best
serve it. The Commission may appoint a secretary.
[Amended 4-23-2018 by Ord. No. 2172]
C. The Commission shall have such powers and duties as are prescribed
by law or ordinance of the City of South Milwaukee. It shall consider
and speedily report thereon to the Common Council any subject or matter
that may be referred to the Commission by the Common Council. The
Common Council shall refer to the Commission for its consideration
and report before final action is taken thereon by the Council, those
matters required to be referred by State Statute and other matters
as determined by the Common Council or the ordinances of the City.
[Amended 4-21-1998 by Ord. No. 1705]
D. The Plan Commission shall act as the primary body charged with redevelopment
of the blighted areas of the City and redevelopment of those areas
otherwise designed by the Common Council in need of redevelopment.
All the contractual duties and obligations as well as all the rights
and contractual authority previously vested in the Community Development
Authority are hereby vested and transferred to the Plan Commission.
The Plan Commission is hereby designated as the primary authority
for the exiting TIF districts and it shall undertake all the duties
with respect to the TIF districts formerly undertaken by the Community
Development Authority including management of the development of the
TIF districts in a fashion which will result in a return of the investment
which the City has made in those districts. The limitations on the
authority of the CDA with respect to redevelopment shall apply to
the Plan Commission in its redevelopment efforts. These limitations
include the following actions which the Plan Commission shall not
take without specific authorization of the Common Council by motion
or resolution as may be appropriate:
(1) Issue bonds, execute notes or other form of indebtedness,
(2) Take over, lease or manage any real property,
(3) Take property by an exercise eminent domain,
(4) Buy or sell any lands or real estate of any kind,
(6) Enter into any development agreements except as the Common Council
has previously authorized the Community Development Authority in which
case the Plan Commission may act with all the authority the Community
Development Authority previously could have acted,
(7) Designate any lands as blighted or in need of redevelopment, except
as previously designated by the Common Council.
[Added 12-6-2011 by Ord.
No. 2037]
A. Members - terms. There is hereby established a non-partisan Water/Wastewater
Commission to consist of seven members plus one alternate, who shall
be eligible to vote at any meeting when any of the regular members
are absent, to be known as Water/Wastewater Commissions. The Commissioners
shall be elected by the Common Council of the City of South Milwaukee
for a term of five years except that the terms of the Commissioners
first elected shall expire successively two each year for the first
three years and then one each year on each succeeding first day of
October. The Commissioners shall receive no compensation, except expenses,
unless otherwise provided by ordinance.
B. Duties. The Water/Wastewater Commission shall take entire charge
and management of the Water Utility/Water Department and the Wastewater
Department of the City of South Milwaukee, under the general control
and supervision of the Common Council. The Commission shall request
the services of the City Engineer when needed. The Commission shall
follow all City Policies, Procedures and applicable labor rules and
contracts. When the common Council deems it appropriate, the Common
Council shall directly manage, initiate or terminate such projects
or actions as it deems appropriate and may enter into any contract
the Council deems appropriate to the work of either department.
C. Rates. Whenever necessary the Commission shall make recommendations
to the Common Council for changes in the water rate and shall, when
required, apply to the Public Service Commission for approval of rate
changes which the Common Council has adopted. Whenever necessary,
the Commission shall recommend changes in the sewer user fees. Annually
the Commission shall cause to be prepared and presented to the Common
Council a report of operations of the Water Utility and Wastewater
Department.
D. Budget. Annually before October 1, the Commission shall forward to
the Common Council a proposed budget for the following year. The budget
shall show all anticipated revenues, liabilities and expenditures
including contingency accounts as well as anticipated year end balances
of current accounts. Approval of the budget by the Common Council
will authorize expenditures within the budget. Contingency expenditures
may be authorized by the Commission when necessary provided such expenditures
do not exceed the contingency account(s) balances. All capital expenditures
which require the borrowing of money or issuance of bonds shall be
submitted to the Common Council for approval prior to the execution
of any commitment for such expenditure and capital funds shall not
be used for operational expenses.
E. Employees. Appointment to the position(s) of Superintendent of the
Water Utility and Wastewater Department shall be made by the City
Administrator. Employment of nonmanagement employees shall be subject
to the rules and procedures adopted by the Common Council. Wages and
benefits for all employees of the Water Utility and Wastewater Department
shall be as established by the Common Council.
[Amended 9-17-2019 by Ord. No. 2193]
F. Accounts. Books of account shall be kept in the manner and form prescribed
by the Public Service Commission and/or City Clerk/Comptroller and
shall be open to public inspection at the Commission's office. Capital
expenditures which have been budgeted shall be audited by the Commission,
and if approved, shall be submitted to the City Clerk/Comptroller
for payment upon warrant signed by the President and Secretary of
the Commission or direct representative thereof. The City Treasurer
shall be the cashier for the Commission and all water and wastewater
accounts shall be payable at his/her office.
G. Officers-meetings. The Commission shall choose from among its members
a President and Secretary annually at the first meeting in November
of each year. Meetings shall be held when determined by the Commission.
H. Limitation of power. Subject to the previous provisions of this ordinance,
the Commission shall have complete charge of construction, extension,
improvement and operation of the Water Utility and Wastewater Department.
[Added 2-7-2023 by Ord. No. 2239]
A. Created. There is hereby created a voluntary Civic Grants Commission.
B. Membership and terms. There shall be five Commissioners to be appointed
by the Mayor, subject to the confirmation of the Common Council, who
shall be appointed for one-year terms, and until their respective
successors are appointed and qualified. One Commissioner shall be
a member of the Common Council. One Commissioner shall have a college
level degree in the field of finance and practical expertise in financial
investments. Two Commissioners shall be employees of the City. One
Commissioner shall be an adult resident of the City. The Commissioners
shall receive no compensation. At the first meeting, and on an annual
basis thereafter, the Commission shall elect its Chairperson and Vice
Chairperson from amongst its members.
C. Duties. The Commission shall have the following duties:
(1) Develop a grant application process to recommend for Common Council
approval;
(2) Recommend grant award criteria consistent with the any specified
conditions set by the original donor;
(3) Explore and recommend investment opportunities for grant funds;
(4) Recommend specific grant expenditures to the Common Council;
(5) Review any grant applications and recommend awards to the Common
Council;
(6) Oversee any projects supported by grant funds;
(7) Submit an annual report to the Common Council summarizing all revenues
and expenditures of the grant fund for the prior year.
There shall be a Board of Zoning Appeals created in the manner set forth in Chapter
15 of the South Milwaukee Code and with such powers and duties as are prescribed by law or by ordinance of the City of South Milwaukee.
[Amended 3-2-1993 by Ord.
No. 1529; 9-30-2011 by Ord. No. 2029; 7-17-2012 by Ord. No. 2054; 10-1-2013 by Ord. No. 2073; 9-17-2019 by Ord. No. 2193]
A. Discipline and Grievance Procedure.
(1) Discipline. Discipline may result when an employee's actions do not
conform with generally accepted standards of good behavior, when an
employee violates a policy or rule, when an employee's performance
is not acceptable, or when the employee's conduct is detrimental to
the interests of the City. Disciplinary action may call for any of
four steps - verbal warning, written warning, suspension (with or
without pay), or termination of employment - depending on the problem
and the number of occurrences. There may be circumstances when one
or more steps are bypassed. Certain types of employee problems are
serious enough to justify either a suspension or termination of employment
without going through progressive discipline steps. The City reserves
the right, in its sole discretion, to impose disciplinary action as
may be appropriate to the particular circumstances.
(2) Grievance Procedure. This policy is intended to comply with § 66.0509,
Wis. Stats., and provides a grievance procedure addressing issues
concerning workplace safety, discipline and termination. This policy
applies to all employees covered under § 66.0509, Wis. Stats.,
other than police and fire employees subject to § 62.13(5),
Wis. Stats. An employee may appeal any level of discipline under this
grievance procedure. For purposes of this policy, the following definitions
apply:
(3) "Employee discipline" includes all levels of progressive discipline,
but shall not include the following items:
(a)
Placing an employee on paid administrative leave pending an
internal investigation;
(b)
Counseling, meetings, or other pre-disciplinary action;
(c)
Actions taken to address work performance, including use of
a performance improvement plan or job targets;
(d)
Demotion, transfer, or change in job assignment; or
(e)
Other personnel actions taken by the employer that are not a
form of progressive discipline.
(4) "Employee termination" shall include action taken by the employer
to terminate an individual's employment for misconduct or performance
reasons, but shall not include the following personnel actions:
(b)
Layoff or failure to be recalled from layoff at the expiration
of the recall period;
(d)
Job abandonment, "no-call, no-show," or other failure to report
work; termination of employment due to medical condition which renders
the employee unable to perform the essential functions of the job
and for which a reasonable accommodation is not available; or lack
of qualification or license, or other inability to perform job duties.
(5) "Workplace safety" is defined as conditions of employment affecting
an employee's physical health or safety, the safe operation of workplace
equipment and tools, safety of the physical work environment, personal
protective equipment, workplace violence, and training related to
same.
(6) Any written grievance filed under this policy must contain the following
information:
(a)
The name and position of the employee filing it;
(b)
A statement of the issue involved;
(c)
A statement of the relief sought;
(d)
A detailed explanation of the facts supporting the grievance
and the names of all witnesses to the facts;
(e)
The date(s) the event(s) giving rise to the grievance took place;
(f)
The identity of the policy, procedure, or rule that is being
challenged;
(g)
The steps the employee has taken to review the matter, either
orally or in writing, with the employee's supervisor; and
(h)
The employee's signature and the date.
B. Steps of the Grievance Procedure. Employees should first discuss
complaints or questions with their immediate supervisor. Reasonable
efforts should be made by supervisors and employees to resolve any
questions, problems, or misunderstandings that have arisen before
filing a grievance.
(1) Step 1 - Written Grievance Filed with the Department Head. The employee
must prepare and file a written grievance with the Department Head
within five business days of when the employee knows, or should have
known, of the events giving rise to the grievance. The Department
Head or his/her designee will investigate the facts giving rise to
the grievance and inform the employee of his/her decision, if possible
within 10 business days of receipt of the grievance. In the event
the grievance involves the Department Head, the employee may initially
file the grievance with the City Administrator, who shall conduct
the Step 1 investigation.
(2) Step 2 - Review by City Administrator. If the grievance is not settled
at Step 1, the employee may appeal the grievance to the City Administrator
within five business days of the receipt of the decision of the Department
Head at Step 1. The City Administrator or his/her designee will review
the matter and inform the employee of his/her decision, if possible
within 10 business days of receipt of the grievance. The City Administrator
or his/her designee's decision bay be orally or in writing, but if
given orally, the City Administrator shall, as soon as may be convenient,
reduce the decision to writing and provide the employee with a copy
of the written decision. An oral decision is effective as of the time
it is given to the employee.
(3) Step 3 - Impartial Hearing Officer. If the grievance is not settled
at Step 2, the employee may request in writing, within five business
days following receipt of the City Administrator's decision, a written
review by an Impartial Hearing Officer. The City shall select the
Impartial Hearing Officer. The Impartial Hearing Officer shall not
be a City employee. In all cases, the grievant shall have the burden
of proof to support the grievance. The Impartial Hearing Officer will
determine whether the City acted in an arbitrary and capricious manner.
This process does not involve a hearing before a court of law; thus,
the rules of evidence will not be followed. Depending on the issue
involved, the Impartial Hearing Officer will determine whether a hearing
is necessary, or whether the case may be decided based on a submission
of written documents. The Impartial Hearing Officer shall prepare
a written decision.
(4) Step 4 - Review by the Governing Body. If the grievance is not resolved
after Step 3, the employee or the City Administrator may have the
decision of the Impartial Hearing Officer reviewed by the Governing
Body. A request for review must be filed within five business days
of receipt of the written decision from the Impartial Hearing Officer.
For Library employees, the appeal shall be filed with the Library
Board. For all other employees, the appeal shall be filed with the
Common Council. The Common Council or Library Board shall not take
testimony or evidence; it may only determine whether the Impartial
Hearing Officer reached an arbitrary or incorrect result based on
a review of the record before the Impartial Hearing Officer. The matter
will be scheduled for the Common Council's or Library Board's next
regular meeting. The Common Council or Library Board will inform the
employee of its findings and decision in writing within 10 business
days of the Common Council or Library Board meeting. The Common Council
or Library Board shall decide the matter by majority vote and this
decision shall be final and binding.
(5) An employee may not file a grievance outside of the time limits set
forth above. If the employee fails to meet the deadlines set forth
above, the grievance will be considered resolved. If it is impossible
to comply with the deadlines due to meeting notice requirements or
meeting preparation, the grievance will be reviewed at the next possible
meeting date. An employee must process his/her grievance outside of
normal work hours, unless the employee elects to use accrued paid
time (vacation, comp time, etc.) in order to be paid for time spent
processing his/her grievance through the various steps of the grievance
procedure.
(6) A decision is deemed received by the employee two business days after
it is mailed by first class mail to the employee's address of record.
[For example, a decision mailed on a Friday will be deemed received
on the following Tuesday.] A request for review or hearing before
the hearing officer is filed when received by the City Administrator
during normal business hours.
(7) Costs. Each party shall bear its own costs for witnesses and all
other out-of-pocket expenses, including possible attorney fees, in
investigating, preparing, or presenting a grievance. The fees of the
Hearing Officer will be paid for by the City. If the Hearing officer
finds that the grievance is frivolous, the Hearing Officer shall order
that the Hearing Officer's fees paid by the City be reimbursement
to the City by the grievant.
(8) Time limits. The term "days" as used in this provision means business
days, and a business day is each day or part of a day when the City
Clerk's office is open for business. The employer and grievant may
mutually agree to waive time limits, in writing.
(a)
A grievance or decision or appeal is considered timely if received
by the City Administrator during normal business hours.
(b)
The employer and grievant may mutually agree, in writing, to
waive any step to facilitate or expedite resolution of the grievance.
(c)
If the grievance is not answered within the time limits, the
grievant may proceed to the next available step within seven days.
C. Workplace Safety Grievance Procedure.
(1) Step 1: Any employee who personally identifies, or is given information
about a workplace safety issue or incident must notify his/her supervisor
of the issue or incident as soon as reasonably practicable. All safety
issues, no matter how insignificant the situation may appear to be,
must be reported.
Time Limit: Any workplace safety incident or issue must be reported
by an employee within 24 hours after the incident or issue was raised
in order to be addressed as part of the grievance procedure.
A written report of the incident or issue, outlining the events
that transpired and resolution, if any, shall be signed by all concerned
parties and submitted to the City Administrator for review and consideration
within seven days of the incident or issue.
(2) Step 2: After receipt of the written report, the City Administrator
will conduct additional investigation, as required, and normally issue
a final report on his/her findings and conclusions within 21 days
of receipt of the written report. Copies of the report will be given
to the persons who signed the written report.
(3) Step 3: The employee may appeal the findings and conclusions of the
City Administrator and request a review by an Impartial Hearing Officer.
The City shall select the Impartial Hearing Officer. The Impartial
Hearing Officer shall not be a City employee. In all cases, the grievant
shall have the burden of proof to support the grievance. The Impartial
Hearing Officer will determine whether the City acted in an arbitrary
and capricious manner. This process does not involve a hearing before
a court of law; thus, the rules of evidence will not be followed.
Depending on the issue involved, the Impartial Hearing Officer will
determine whether a hearing is necessary, or whether the case may
be decided based on a submission of written documents. If the Impartial
Hearing Officer determines a hearing is necessary, he/she may require
the parties to submit documents and witness lists in advance of the
hearing in order to expedite the hearing. At the conclusion of the
review, the Impartial Hearing Officer shall record one of three outcomes:
(a)
Sustaining the conclusions of the City Administrator;
(b)
Reversing the conclusions of the City Administrator; or
(c)
Recommending additional investigation prior to final determination.
Time Limit: If the employee does not submit a written appeal
to the City Administrator requesting a review before an Impartial
Hearing Officer with seven days after receipt of the City Administrator's
Report, the grievance can no longer be addressed in the grievance
procedure. If requested timely, the review will normally be scheduled
with 30 days of receipt of the request for review.
|
(4) Step 4: If the grievance is not resolved after Step 3, the employee
or the City Administrator may have the decision of the Impartial Hearing
Officer reviewed by the Governing Body. In cases where the Impartial
Hearing Officers recommends additional investigation, at the conclusion
of the additional investigation, the matter will be automatically
referred to the Governing Body. In cases where the Impartial Hearing
recommends additional investigation, at the conclusion of the additional
investigation, the matter will be automatically referred to the Governing
Body. For Library employees, the appeal shall be filed with the Library
Board. For all other employees, the appeal shall be filed with the
Common Council. The Common Council or Library Board shall not take
testimony or evidence; it may only determine whether the Impartial
Hearing Officer reached an arbitrary or incorrect result based on
a review of the record before the Impartial Hearing Officer. The matter
will be scheduled for the Common Council's or Library Board's next
regular meeting. The Common Council or Library Board will inform the
employee of its findings and decision in writing within 10 business
days of the Common Council or Library Board meeting. The Common Council
or Library Board shall decide the matter by majority vote and this
decision shall be final and binding.
Time Limit: The employee may request a review before the Governing
Body by filing a request within five business days of receipt of the
written decision of the Impartial Hearing Officer. If not submitted
timely, the grievance can no longer be addressed in the grievance
procedure.
(5) Costs: Each party shall bear its own costs for witnesses and all
other out-of-pocket expenses, including possible attorney fees, in
investigating, preparing or presenting a grievance. The fee of the
Impartial Hearing Officer will be paid for by the City. If the Impartial
Hearing Officer finds that the grievance is frivolous, the Impartial
Hearing Officer shall order that the Impartial Hearing Officer's fees
paid by the City be reimbursed to the City by the grievant.
(6) Time limits. The term "days" as used in this provision means business
days, and a business day is each day or part of a day when the City
Clerk's office is open for business. The employer and grievant may
mutually agree to waive time limits, in writing. An employee must
process his/her grievance outside of normal work hours, unless the
employee elects to use accrued paid time (vacation, comp time, etc.)
in order to be paid for time spent processing his/her grievance through
the various steps of the grievance procedure. A decision is deemed
received by the employee two business days after it is mailed by first
class mail to the employee's address of record. [For example, a decision
mailed on a Friday will be deemed received on the following Tuesday.]
(a)
A grievance or decision or appeal is considered timely if received
by the City Administrator during normal business hours.
(b)
The employer and grievant may mutually agree, in writing, to
waive any step to facilitate or expedite resolution of the grievance.
(c)
If the grievance is not answered within the time limits, the
grievant may proceed to the next available step within seven days.
D. Construction of these Rules and Regulations. The provisions of these
rules and regulations are severable, and if any part of these rules
and regulations shall be held to be unconstitutional or invalid, by
the valid judgment or decree of any court of regulations shall be
held to be unconstitutional or invalid, by the valid judgment or decree
of any court of competent jurisdiction, such particular part be rejected
or deleted without affecting, impairing, or invalidating the remaining
parts of these rules and regulations It is hereby declared that it
is the intent of the Common Council that these rules and regulations,
and each word, clause, sentence, paragraph, and section thereof would
have been enacted, had such constitutional or invalid section or part
thereof not have been included herein.
[Amended 7-2-1996 by Ord.
No. 1649; 12-21-2010 by Ord. No. 2014]
Pursuant to Chapter 323, Wis. Stats., the following Program
of Emergency Government is hereby adopted.
A. Overall control. The Mayor and the Common Council shall have overall
control of the Program of Emergency Management for the City of South
Milwaukee except as such authority is expressly delegated herein.
[Amended 2-2-1999 by Ord.
No. 1728; 12-19-2006 by Ord. No. 1930]
B. Head of Emergency Management Services.
[Amended 2-2-1999 by Ord.
No. 1728]
(1) The Fire Chief shall be the Director of Emergency Management and
shall have the powers specified in Chapter 323, Wis. Stats. The Police
Chief shall be the Deputy Director of Emergency Management and shall
have the powers and duties of the Director of Emergency Management
in the latter's absence.
[Amended 12-19-2023 by Ord. No. 2253]
(2) In the absence of the Director and the Deputy Director, the first
available of the following individuals listed in the order of their
seniority shall function as "Acting Director" with all the powers
of Director specified in Chapter 323, Wis. Stats.: Public Health Administrator,
Fire Captain, Police Operations Captain, Fire Lieutenant, Police Shift
Commander. An "Acting Director" shall continue as "Acting Director"
until the Director, Deputy Director, or more senior "Acting Director"
is present and able to take control as Director or "Acting Director."
The Director, and in his/her absence or incapacity, the "Acting Director,"
shall have the power during the time of disaster to enter into contracts
and incur obligations necessary to combat such disaster, protecting
the lives and safety of persons and property providing emergency assistance
to the victims of such disasters. The Director is authorized to exercise
the powers vested in them in the light of the exigencies of the extreme
emergency situation without regarding the time consuming procedures
and formalities prescribed by other provisions of law pertaining to
the performance of public work, entering into contracts, the employment
of temporary workers, the rental of equipment, and the purchase of
supplies and materials. In no event shall the liability of the City
of South Milwaukee under any circumstances exceed the fair and reasonable
value of the services rendered or supplies and equipment furnished
or materials furnished. Further, the Mayor hereby authorizes the Director
of Emergency Management to exercise those powers conferred upon him
in Chapter 323.
[Amended 12-15-1998 by Ord. No. 172; 12-19-2006 by Ord. No. 1930; 12-21-2010 by Ord. No. 2014; 12-19-2023 by Ord. No. 2253]
(3) The Director may, in collaboration with other public and private
agencies within the State of Wisconsin and the nation, develop or
cause to be developed, mutual aid arrangements for reciprocal emergency
management and disaster aid and assistance in case of war or disaster
too great to be dealt with unassisted. Such arrangements shall be
consistent with the State of Wisconsin Emergency Management and Disaster
Plan and Program of the Federal Government, and in time of emergency
it shall be the duty of the South Milwaukee Emergency Management Committee
to render assistance in accordance with the provisions of such mutual
aid arrangements.
(4) The Director of Emergency Management and Disaster may, subject to
the approval of the Common Council, enter into mutual aid agreements
with civil defense and disaster agencies or organizations in other
political subdivisions or in the State of Wisconsin or in other states
for reciprocal emergency management and disaster to aid and assist
in case of war or disaster too great to be dealt with unassisted.
C. Operation. The Emergency Management Services of the City shall operate
in accordance with the State of Wisconsin Emergency Operations Plan,
the Milwaukee County Emergency Operations Plan, and the City of South
Milwaukee All-Hazard Emergency Operations Plan, which have been adopted
by resolution of the Common Council. Copies of the current State of
Wisconsin Emergency Operations Plan, the Milwaukee County Emergency
Operations Plan and the City of South Milwaukee All-Hazard Emergency
Operations Plan, shall be kept on file in the Office of the City Clerk.
[Amended 2-2-1999 by Ord.
No. 1728]
D. Emergency Management Advisory Committee.
[Amended 2-2-1999 by Ord.
No. 1728; 12-21-2010 by Ord. No. 2014]
(1) There is hereby created an Emergency Management Advisory Committee
consisting of the following:
(a)
Director of Emergency Government (Public Health Administrator).
(b)
Deputy Director of Emergency Government (Fire Chief).
(f)
Wastewater Superintendent.
(m)
School District Representative.
(2) The Emergency Management Advisory Committee shall act in an advisory
capacity only. The Director shall be Chairman of the Committee and
shall preside at all meetings. He/She may appoint sub-committees and
delegate to them various duties and shall have any and all powers
necessary to carry out and effectuate the purpose for which the Committee
is established.
E. Participation. All employees of the City, all departments, boards,
bureaus, committees, officers and agents of said City are hereby directed
to participate in and become members of the Emergency Management Organization
for the City and to participate in all test exercises when requested.
[Added 12-6-1977 by Ord.
No. 1060; amended 2-2-1999 by Ord. No. 1728]
[Amended 4-6-1983 by Ord.
No. 1238; 2-18-1986 by Ord. No. 1323]
A. There is hereby created a Board of Directors to govern the operation
of South Milwaukee Senior Citizens Center. The Board shall consist
of seven members, three of whom shall be elected from among the active
participants of the City of South Milwaukee Senior Citizens Center,
four whom shall be appointed by the Mayor subject to the approval
of the Common Council.
B. The appointed and elected members of the Board of Directors shall
serve a term of two years. The term of office for appointed members
begins on the date of appointment. The term of office for elected
members begins on the first meeting of the Board of Directors following
presentment of the election results to the Board of Directors.
[Amended 8-18-1998 by Ord. No. 1712]
C. The Director of the Senior Citizen Center shall attend all meetings
of the Board and shall participate in all Board Meetings but shall
not have a vote in any Board action.
D. The members of the Board shall be selected from diversified fields
and when possible shall represent the following fields: health, law,
education, ministry, recreation, and social services.
E. The Board shall hold regular meetings, which meetings shall be open
to the public and which meetings shall be called by the Chairman of
the Board, Advisory Chairman in the absence of Chairman and Secretary
in the absence of both.
F. The Common Council will be the overseer of the Center and Board of
Directors and shall be responsible for the budgetary affairs of the
Center. The Director of the Senior Citizen Center shall be appointed
by the City Administrator.
[Amended 9-17-2019 by Ord. No. 2193]
G. It is hereby declared the policy of the Common Council and made a
directive from the Common Council to the Board above created that
the operation of the Senior Citizen Center as a Senior Citizen Center
is to be the primary function of the facility.
H. During the period of time necessary for the proper conduct of the
Nutrition Center activities, there will be no activities sponsored
by any other agency in the main room of the Senior Citizen Center.
The smaller activity room may be used for other activities during
this time.
I. The financial affairs of the Senior Citizen Center shall be audited
on an annual basis in conjunction with the general City Audit.
[Amended 8-18-2020 by Ord. No. 2202]
A. Created.
There is hereby created a voluntary Equity and Inclusion Commission.
B. Membership
and terms. There shall be seven Commissioners who live or work in
the City of South Milwaukee to be appointed by the Mayor, subject
to the confirmation of the Common Council, who shall be appointed
for two-year terms, and until their respective successors are appointed
and qualified. Membership should consist of a mix of residents, business
representatives, youth, and community leaders. One Commissioner shall
be of high-school age and shall reside or attend school in the City
of South Milwaukee. One Commissioner shall be a member of the Common
Council. The Commissioners shall receive no compensation. No less
than six members shall be residents of the City. The Mayor shall appoint,
subject to the confirmation of the Common Council, a Chairperson and
Vice Chairperson, and after the first term the Commission shall elect
its Chairperson and Vice Chairperson from amongst its members once
annually. Membership should reflect a racially and culturally diverse
population. The Equity and Inclusion Commission shall administratively
dissolve two years from the date it is created unless extended by
the Common Council.
C. Purpose
and duties. The Commission shall act as an advisory body to the Common
Council and the Mayor in providing comment and support regarding appropriate
strategies to develop and implement activities, resources and services
that promote a positive environment of equity, inclusion, and the
celebration of diverse identities in the City of South Milwaukee.
In doing so, the Commission will consider how the City can, within
its powers, best:
(1) Set
and achieve goals for safety, health, education, housing, and economic
mobility helping to ensure equity and inclusion of all who live, work,
learn, and play in the City of South Milwaukee.
(2) Serve
and represent a broad spectrum of residents, business leaders, students
and employees from diverse backgrounds and all geographic areas of
South Milwaukee.
(3) Promote
a vibrant business, educational, and cultural community by supporting
an environment that is welcoming and inclusive of diverse backgrounds.
(4) Recognize,
promote, and celebrate efforts to further the advancement of equality
and inclusion of diverse identities in the City of South Milwaukee.
(5) Report
to the Common Council on the interests, needs and recommendations
concerning matters of inclusion and equity in South Milwaukee.
The Chapter 68 Appeals Committee shall follow the procedures
contained in Chapter 68, Wis. Stats., except as herein specifically
modified. Where there is a conflict between the procedures outlined
herein and those outlined in Ch. 68, the committee shall follow these
procedures. The committee shall determine when a conflict exists.
A. The hearing under § 68.11 shall be held within 30 days
of the date on which the appellant files his/her appeal complying
with § 68.08 in the office of the City Clerk.
B. In addition to the notice of appeal complying with § 68.08,
the appeal filing shall include a copy of any written determination
or decision being appealed, a list of anticipated witnesses and a
list of exhibits to be presented at the hearing. The lists of witnesses
and exhibits will be used by the committee in setting the time to
be allocated for the hearing.
C. Upon receipt of a notice of appeal complying with § 68.08
and the above paragraph, the City Clerk shall forward a copy of the
notice of appeal to the officer, board or commission whose decision
is being appealed with a request that they identify all witnesses
and exhibits they will present within seven days.
D. The Committee shall notify the appellant and the officer, board or
commission whose decision is appealed of the date and time of appeal.
Unless otherwise stated in the notice, all hearings will be conducted
in the Common Council Chambers, 2424 15th Avenue, South Milwaukee,
Wisconsin. The hearing may be adjourned from time to time as the committee
determined to be necessary.
E. The decision of the committee will be in writing and mailed to the
appellant and officer, board or commission whose decision was appealed
within a reasonable time following the conclusion of the hearing The
requirement that the decision be mailed within 20 days in § 68.12
is hereby modified to within a reasonable time but not exceeding 31
days.
F. At each hearing and after the conclusion of the presentment of the
evidence and arguments of the parties, the committee may meet in closed
session to deliberate and draft its decision. Each notice of a meeting
of the committee shall include notice that the committee may meet
in closed session for the purpose of deliberation during the hearing
as necessary to discuss matters arising which require an immediate
response, at the conclusion of the hearing and at any meeting to deliberate
and draft its decision after the hearing. The deliberations of the
committee shall not be recorded.
G. The hearings shall be tape recorded and need not be recorded by a
court recorder. In the event of an appeal to the circuit court, a
transcript of the tape recording of the hearing shall be prepared
and certified as to its accuracy by the committee.
H. Three or more members of the committee shall attend and preside over
a hearing. A decision adopted by a majority of the committee who both
attended the hearing and the deliberations is the decision of the
committee.
I. A copy of each decision of the committee shall be forwarded to the
members of the Common Council.