[HISTORY: Adopted by the Common Council of
the City of Montello 5-7-1984 as
Title 2, Ch. 2 of the 1984 Code. Amendments noted where applicable.]
The Aldermen of the City 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.
Election, term and number. The City shall have eight
Aldermen in addition to the Mayor, who is a member of the Common Council
by virtue of his office as Mayor. The eight Aldermen shall constitute
the Common Council. Four Aldermen shall be elected in even-numbered
years and four Aldermen shall be elected in odd-numbered years. The
term of office shall be two years.
B.
Appointment as Mayor. An Alderman shall be eligible
for appointment as Mayor to fill an unexpired term.
A.
Election. The Mayor shall be elected in even-numbered years for a
term of two years.
B.
Duties. The Mayor shall:
(1)
Be the Chief Executive Officer of the City. He/she shall take care
that City ordinances and state statutes are observed and enforced,
and that all City officials and employees discharge their duties.
(2)
From time to time, provide the Council such information and recommend
such measures as he/she may deem advantageous to the City. When present,
the Mayor shall preside at the meetings of the Council.
(3)
Have the veto power as to all acts of the Council, except such as
to which it is expressly, or by necessary implication, otherwise provided.
All such acts shall be submitted to the Mayor by the Clerk-Treasurer
and shall be enforced upon his/her approval, evidenced by signature
or upon failing to approve or disapprove within five days, which fact
shall be certified thereon by the Clerk-Treasurer. If the Mayor disapproves,
he/she shall file objections with the Clerk-Treasurer, who shall present
them to Council at its next meeting. A three-fourths vote of all the
members of the Council shall then make the act effective, notwithstanding
the objections of the Mayor.
(4)
Have such other duties and responsibilities as are prescribed in
the Wisconsin Statutes.
[1]
Editor's Note: This ordinance cited the following state law
reference: § 62.09(8), Wis. Stats.
The Common Council, at its first meeting subsequent
to the regular election and qualification of new members, shall, after
organization, 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 Clerk-Treasurer. He shall, when so officiating, be styled
"Acting Mayor."
A.
Standing committees. At the annual organizational
meeting of the Common Council, the Mayor shall appoint three or more
Aldermen to each of the following standing committees:
[Amended 7-6-2005]
B.
Committee appointments.
(1)
The Mayor shall ex officio be Chairman of the Finance
Committee. The chairman of other committees shall be designated by
the Mayor. Each member shall serve as appointed unless excused by
a majority of the members of the Council. All Aldermen shall serve
on at least one 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 may be deemed 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.
Committee reports.
(1)
All ordinances, resolutions, communications and other
matters submitted to the Council shall be read by title and author
and referred to the appropriate committee by the Mayor without motion
unless objected to by a Council member. The Clerk-Treasurer shall
read and record each such reference by title. Any Alderman may require
the reading in full of any matter at any time it is before the Council.
(2)
All bills and other financial claims against the City
shall be itemized and upon receipt thereof shall be examined by the
Clerk-Treasurer and referred by the Clerk-Treasurer to the Finance
Committee for report thereon at the ensuing meeting of the Council,
provided that payment of regular wages and salaries of officials and
employees according to schedules adopted by the Council shall be made
by the Clerk-Treasurer after verification by the Finance Committee
for report thereon at the ensuing meeting. Any ordinance or resolution
appropriating money of claims for purchases or work previously authorized
by the Council shall only be acted upon by the Council at the next
regular meeting, provided that this provision may be suspended by
affirmative action by 3/4 of all members of the Council.
(3)
Each committee shall, at the next regular Council
meeting, submit a report on all matters referred to it, unless a longer
time is granted by vote of the Council. Such report shall recommend
a definite action on each item and shall be approved by a majority
of the committee. Any committee may require any City officer or employee
to confer with it and supply information in connection with any matter
pending before it. Minority reports may be submitted.
(4)
An aye and nay vote shall be taken on each committee
report immediately following its submission, provided that any Alderman
may require a separate vote on any ordinance, resolution or other
matter in any report. Action upon a specific matter included in any
committee report shall be deferred until the next regular meeting
following the submission of the report upon the request of any two
Aldermen.
(5)
The approval of a committee report in which the adoption
of an ordinance, resolution on other matter is recommended shall comprise
final action on such ordinance, resolution or other matter, provided
that any ordinance recommended for adoption shall have had one full
reading before the Council at a meeting of the Council, unless an
action on an ordinance shall be taken pursuant to a motion temporarily
suspending the rules.
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, and 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 contiguous 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 property. Condemnation shall be as provided by Ch. 32, Wis. Stats.
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.[1]
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
this Code 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.
The Common Council, on behalf of the City, may
join with other villages or cities 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.
The Common Council has the power to preserve
order at its meetings, compel attendance of Aldermen and punish nonattendance.
The Common Council shall be the judge of the election and qualification
of its members.
[Amended 12-5-2001]
A.
The Mayor and other 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 be paid to the Mayor and Alderpersons. Salaries heretofore
established shall so remain until changed by ordinance and shall not
be increased or diminished during their terms of office.
B.
Effective the third Tuesday of April 2002, the salary
of the Mayor shall be $250 monthly and the salary of an Alderperson
shall be $75 per month, with the Chairpersons of the Park Board, Committee
on Public Works and Committee on Public Safety receiving an additional
$25 monthly.
C.
When such salaries are to be changed or established,
the Council shall, not later than the first regular meeting in February,
fix the amount of the salary of the Mayor and Alderpersons who may
be elected for a definite term during the ensuing year. The salary
of such officer so elected shall not be increased or diminished during
his term of office.
D.
Effective the third Tuesday of April 2002, salaries
of the Mayor and Alderpersons shall be paid at the end of each month.
Salaries for all other officers and employees shall be semimonthly,
unless otherwise set by the Common Council by ordinance.
Following a regular City election for the purpose
of organization, the Common Council shall meet on the third Tuesday
of April. Regular meetings of the Common Council shall be held on
the first Monday evening of each calendar month, at the hour of 7:00
p.m. Committee of the whole meetings, when deemed necessary by the
Mayor, shall be held on the third Monday of each calendar month at
7:00 p.m. 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 designated by majority vote of the Common Council. All meetings
of the Council shall be held in the Montello City Hall, including
special and adjourned meetings.
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 Clerk-Treasurer
shall cause an affidavit of service of such notice to be filed in
his office prior to the time fixed for such special meetings. A special
meeting may be held without such notice when all members of the Common
Council are present in person, or consent in writing to the holding
of such a meeting, provided that the provisions of Wisconsin's Open
Meeting Law [1] are complied with. If written consent is obtained, it
shall be filed with the Clerk-Treasurer prior to the beginning of
the meeting. Attendance by any Council member shall be deemed a waiver
on his part of any defect of notice. Any special meeting attended
by all Alderman shall be a regular meeting for the transaction of
any business that may come before such meeting.
[1]
Editor's Note: See §§ 19.81
to 19.98, Wis. Stats.
All meetings shall be open to the public.
A.
Two-thirds 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,
but not fewer than five affirmative votes, adjourn from time to time
to a specific date and hour.
A.
The Mayor shall preside over all meetings of the Common
Council. In the absence of the Mayor, the President of the Council
shall preside. In case of absence of the Mayor and President of the
Council, the Clerk-Treasurer shall call the meeting to order and the
Aldermen present shall elect one of their number President Pro Tem.
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, unless otherwise provided by statute or
by these rules. 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 Clerk-Treasurer, the presiding officer shall appoint a Clerk Pro
Tem.
A.
Order of business. At all meetings, the following
order may be observed in conducting the business of the Common Council:
(1)
Call to order by presiding officer.
(2)
Roll call.
(3)
Reading and correcting the financial report and the
minutes of the last preceding meeting or meetings.
(4)
Reports of committees.
(5)
Unfinished business from previous meetings.
(6)
New business, including the introduction of ordinances
and resolutions.
(7)
Communications and recommendations of the Mayor.
(8)
Reports of City officers.
(9)
Communications and miscellaneous business.
(10)
Comments and suggestions from citizens present.
(11)
Adjournment.
B.
Order to be followed. No business shall be taken up
out of order unless by unanimous consent of all Aldermen and in the
absence of any debate whatsoever.
C.
Roll call; procedure when quorum not in attendance.
As soon as the Council shall be called to order, the Clerk-Treasurer
shall proceed to call the names of the members in alphabetical order,
noting who is present and who is absent, and record the same in the
proceedings of the Council. If it shall appear that there is not a
quorum present, the fact shall be entered on the journal and the Council
may adjourn, or the presiding officer or, in case of his absence,
the Clerk-Treasurer may issue a process to any policeman commanding
him forthwith to summon the absentees.
A.
Ordinances to be in writing. All ordinances, resolutions
or other communications submitted to the Council shall be in writing
and shall include at the outset a brief statement of the subject matter,
a title and the name of the Alderman or Mayor introducing the same.
All written material introduced shall be read by the Clerk-Treasurer
and then discussed and acted upon as the Common Council deems appropriate.
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 the title of amending and repealing ordinances shall
reflect their purpose to amend or repeal.
A.
The deliberations of the Common Council shall be conducted
in the following manner:
(1)
When a motion is made and seconded, it shall be stated
by the presiding officer or read by the Clerk-Treasurer previous to
debate. All resolutions should be made and submitted in writing.
(2)
When the question is under discussion, no action shall
be in order except the following, and these motions shall have precedence
in the order listed:
(3)
Any member desirous of terminating the debate may
move the previous question, in which event the presiding officer shall
announce the question as "Shall the main question now be put?" If
a majority of the members present vote in the affirmative, the main
question shall be taken without further debate, its effect being to
put an end to all debate and to bring the Council to a direct vote,
first upon any pending amendments and then upon the main question.
(4)
A motion to adjourn shall always be in order, and
a motion to adjourn, to recess, or to lay on the table and a call
for the previous question shall be decided without debate.
(5)
A roll call shall not be necessary on any questions
or motions except as follows:
(a)
When the ayes and nays are requested by any
member.
(b)
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.
(c)
When required by the State Statutes of Wisconsin.
(d)
On confirmation of appointments.
(6)
All aye and nay votes shall be recorded in the official
minutes.
B.
The Board shall in all other respects determine the
rules of its procedure, which shall be governed by Robert's Rules
of Order, unless otherwise provided by ordinance or statute and except
as follows:
(1)
Whenever the presiding officer shall desire to speak
upon any question, or to make any motion, he shall vacate the Chair
and designate the President of the Council, if present, and if not,
any Alderman, to preside temporarily.
(2)
No Alderman shall address the Council until he has
been recognized by the presiding officer. He shall thereupon address
himself to the Chairman and confine his remarks to the question under
discussion and avoid all personalities.
(3)
When two or more members simultaneously seek recognition,
the presiding officer shall name the member who is to speak first.
(4)
No person other than a member shall address the Council
except under order of business, and except that citizens may address
the Council with the permission of the presiding officer as to matters
which are being considered by the Council at the time.
(5)
No motion shall be discussed or acted upon unless
and until it has been seconded. No motion shall be withdrawn or amended
without the consent of the person making the same and the person seconding
it.
(6)
Every Alderman shall vote when a question is put unless
the Council by a majority vote of those present shall excuse him for
special cause. An Alderman may not change his vote on any question
after the result has been announced.
(7)
The Mayor shall not vote except in the case of a tie.
When the Mayor does vote in case of a tie, his vote shall be counted
in determining whether a sufficient number of the Council has voted
favorably or unfavorably on any measure. A majority vote of all members
of the Council in favor of any proposed ordinance, resolution or appointment
shall be necessary for passage or approval, unless a larger number
is required by state statute. Except as otherwise provided, a majority
vote of those present shall prevail in other cases.
(8)
Within not more than 15 days after each meeting of
the Council the Clerk-Treasurer shall supply to each Alderman at his
residence a copy of the proceedings thereof, for insertion in a binder.
By majority action of those present the Council may dispense with
the reading of the minutes at the ensuing meeting.
When a question has been once decided, any member
of the majority or, in case of a tie, any member voting in the affirmative
may move a reconsideration thereof at the same or at the next succeeding
meeting, except confirmation of the appointment of City officials,
but if a motion to reconsider is made on a day subsequent to that
on which the ordinance question was decided, a vote of the majority
of the entire Council shall be required to sustain it.
A call of the Council may be ordered at any
time by the request of two or more members and absent members shall
be sent for, but a call cannot be made after voting has commenced.
When a call of the Council has been requested and ordered, the door
shall be closed until the report of the policeman has been received
and acted upon or until further proceedings under the call are dispensed
with by a majority of the entire Council.
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-Treasurer 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.
[Amended 4-6-2009]
A.
Any Alderperson not physically present for three consecutive Common
Council meetings or five meetings within the prior 365 days shall
forfeit his or her position as Alderperson, and such absenteeism shall
be cause for dismissal.
B.
Any Alderperson or committee member not physically present for three
consecutive committee meetings or for five meetings within the prior
365 days shall forfeit his or her position as Alderperson or committee
member, and such absenteeism shall be cause for dismissal.
C.
The Mayor and 2/3 of the Common Council jointly shall have the power
to suspend the above sanction, provided that reasonable cause for
such absenteeism is provided.
D.
In the event that any Alderperson or committee member must forfeit
his or her position under the above rule, the Mayor shall appoint
a new Alderperson or committee member from the same ward, to be approved
by the Common Council, to fill the vacancy in accordance with present
procedures for the filling of vacancies.
The rules of this chapter 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.
These rules shall not be suspended except by
a two-thirds vote of all the members of the Council.
