[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.
[Amended 7-6-2005; 4-27-2009; 3-2-2015[1]]
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]
(1) 
Finance Committee.
(2) 
Personnel Committee.
(3) 
Committee on Public Works.
(4) 
Committee on Public Safety.
(5) 
Committee on Public Welfare and Health.
(6) 
Committee on Purchasing and Building.
(7) 
License and Ordinance Committee.
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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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:
(a) 
To adjourn or recess;
(b) 
To lay on the table;
(c) 
To move the previous question;
(d) 
To postpone to a certain day;
(e) 
To refer to a committee;
(f) 
To amend; or
(g) 
To postpone indefinitely.
(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.