City of Gillett, WI General Government

Election. The Mayor shall be elected in even-numbered years for a two-year term. The Mayor shall be elected by the voters of the City of Gillett at the regular City election to be held on the first Tuesday in April in the even-numbered years.

Salary. The salary of the Mayor shall be set by the Common Council. The salary of the Mayor shall be payable in monthly installments. All compensation will be processed through the City of Gillett payroll and will be paid by way of direct deposit into an account designated by said official or employee.

[Amended 3-6-2003 by Ord. No. 2003-3; at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

Alderpersons.

Election. There shall be two Alderpersons for each ward in the City of Gillett. The Alderpersons shall be divided into two seats, one seat consisting of one Alderperson from each ward to be elected in the odd-numbered years and the other seat consisting of the other Alderperson from each ward to be elected in the even-numbered years.

Salary. The salary of the Alderpersons shall be set by the Common Council. The salary of the Alderpersons shall be payable in monthly installments. All compensation will be processed through the City of Gillett payroll and will be paid by way of direct deposit into an account designated by said official or employee.

[Amended 3-6-2003 by Ord. No. 2003-3; at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

Editor's Note: Original § 3.04, Municipal Judge, as amended 3-6-2003 by Ord. No. 2003-4, was repealed 12-4-2003 by Ord. No. 2003-13. See now Ch. 4, Municipal Court.

§ 3-3 Confirmed or appointed officials.

The confirmed or appointed officials of the City shall consist of:

Clerk/Treasurer. The person appointed to perform the duties of the City Clerk/Treasurer shall be appointed by the affirmative vote of a majority of the members of the Common Council. Said persons so appointed shall hold the office for an indefinite term, subject to removal as provided in § 17.12(l)(c) and (d), Wis. Stats.

Salary. The salary of the City Clerk/Treasurer shall be set by the Finance and Personnel Committee and approved by Common Council. All compensation will be processed through the City of Gillett payroll and will be paid by way of direct deposit into an account designated by said official or employee.

Bond. The City Clerk/Treasurer shall furnish a good and sufficient surety bond for the faithful performance of his/her duties, in an amount specified by the Common Council. The premium of this bond shall be paid by the City.

Deputy Clerk/Treasurer. The City Clerk/Treasurer may appoint a Deputy Clerk/Treasurer when authorized by Common Council subject to the confirmation of the Common Council.

Wage. The wage of the Deputy Clerk/Treasurer shall be set by the Finance and Personnel Committee and approved by Common Council. All compensation will be processed through the City of Gillett payroll and will be paid by way of direct deposit into an account designated by said official or employee.

Bond. The City Deputy Clerk/Treasurer shall furnish a good and sufficient surety bond for the faithful performance of his/her duties, in an amount specified by the Common Council. The premium of this bond shall be paid by the City.

City Attorney. The City Attorney shall be appointed by Common Council for an indefinite term.

Chief of Police. The Chief of Police shall be appointed by Common Council for an indefinite term.

Fire Chief. The Fire Chief shall be elected by the firemen and confirmed by Common Council.

[Amended 1-2-2003 by Ord. No. 2003-2]

Assessor. The Assessor shall be appointed by the Common Council for a term set by contract.

Building Inspector. The Building Inspector shall be appointed by the Common Council for a term set by contract.

Fire Inspectors. Fire Inspectors shall be appointed by the Fire Chief and confirmed by Common Council.

Weed Commissioner. The Weed Commissioner shall be appointed by the Mayor for a one-year term.

Library Board. One Common Council member shall be appointed by the Mayor for a one-year term.[1]

Editor's Note: Original Subsection K, OCEDC Board, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 3-4 Boards and committees.

The City shall have the following boards and committees with community members appointed:

Utility Committee. Two community members shall be appointed by the Mayor for a one-year term, confirmed by Common Council.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

Zoning Board of Appeals. One Common Council member shall be appointed for one year and four community members shall be appointed by the Mayor for a three-year term, confirmed by Common Council. The three-year terms are staggered.

Mayor's Youth Advisory Board. Eight members shall be appointed by the Mayor for a one-year term, confirmed by Common Council.

Members. Two freshmen, two sophomores, two juniors and two seniors from the Gillett School District shall be appointed. The majority of the Board shall be City of Gillett residents. The remainder shall reside in the Gillett School District. Advisors for the Board shall be selected by the Mayor. The Clerk/Treasurer shall be an ex officio member. Advisors and ex officio members shall not have voting powers.

Powers and duties. The Board shall have the following powers and duties. It shall:

Elect its own Chairperson, Vice Chairperson, and Secretary, fix its own rules of meeting and procedures, keep full and complete records, file a monthly report with the Common Council, and perform such additional duties as may be directed from time to time by the Common Council.

[2]

Discuss local issues, to include but not be limited to issues which directly affect youth.

[3]

Meet with the Mayor as needed to discuss youth concerns, ideas, suggestions, etc.

[4]

Under the direction of the Mayor, meet with the Common Council to present ideas, discuss issues, etc.

Sexual Predator Ordinance Committee. Five members shall be appointed by the Mayor, subject to approval of a 2/3 majority of Common Council members present. Said appointment shall be made prior to the regular Council meeting following the first meeting of the newly elected Common Council. The Committee shall consist of one representative from the Police Department and four citizen members; all members shall serve a one-year term.

[Added 11-1-2007 by Ord. No. 20-2007; amended 6-3-2010 by Ord. No. 7-2010]

Police and Fire Disciplinary Review Committee.

[Added 12-9-2009 by Ord. No. 24-2009]

Members. Three members shall be appointed by the Mayor, subject to approval of a 2/3 majority of Council members present.

Powers and duties. The Committee shall have the powers and duties as set forth in § 62.13(6m), Wis. Stats.

Board of Review.

Members. The Board of Review shall consist of the Mayor, one Alderperson, and the Clerk/Treasurer.

Powers and duties. The Board of Review shall have such powers and duties as provided in § 70.47, Wis. Stats.

§ 3-5 Contingency of Mayoral appointive power.

In the event the Mayor fails to make any appointment, as provided in § 3-3 above, within one month of the expiration of any term of office, the Common Council may, upon motion, make such appointment.

§ 3-6 Common Council.

Generally.

The Mayor and Alderpersons shall constitute the Common Council.

The Mayor shall not be counted in determining whether a quorum is present at a meeting but may vote in 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 Common Council has voted favorably or unfavorably on any measure.

The Common Council shall be the judge of the election and qualification of its members, may compel their attendance, and may fine or expel for neglect of duty as listed in § 62.11(5), Wis. Stats.

A majority of all the members shall be necessary to a confirmation. In case of a tie, the Mayor shall have a vote as in other cases.

Meetings.

First meeting. Following a regular City election, the new Common Council shall first meet on the third Tuesday of April in each election year.

Regular meetings. The regular meetings of the Common Council of the City shall be held at the Council chambers of the City Hall on the first Thursday of the month at 6:00 p.m. in the evening, except that when the day for holding any regular meeting shall be a legal holiday, the regular meeting shall be held at the same time and place on the same day and time of the following week. Upon the approval of the majority of the Common Council members and the Mayor, the time and/or date of the meeting may be changed.

Special meetings.

Special meetings of the Common Council may be called by the Mayor or in his/her absence by the President of the Common Council. At such time he/she may call the meeting by notifying members in a manner likely to give each member notice of the meeting at least six hours before the meeting, unless for good cause such notice is impossible or impractical, in which case shorter notice may be given, but in no event less than two hours in advance of the meeting.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

Upon petition of 50% or more of the members of the Common Council, the Mayor, or in his/her absence the President of the Common Council, shall call a special meeting of the Common Council.

(c)

No other business shall be considered or transacted at any special meeting other than that for which the special meeting was called.

(d)

In addition to all other notice requirements, the requirement of Subsection B(5) shall be complied with.

Adjournments. Any regular or special meeting may be adjourned by a majority of the members present, but no adjournment shall be made to a time later than the next regular meeting.

Open meetings. Except as provided in § 19.85, Wis. Stats., all meetings of the Common Council or of any City board, commission, committee, department or otherwise designated formally constituted subunit of City government shall be open sessions as defined by § 19.82, Wis. Stats. Pursuant to § 19.84, Wis. Stats., notice of all meetings shall be given as to time, place and subject matter not less than 24 hours prior to the commencement of such meetings, unless for good cause such notice is impossible or impractical, in which case shorter notice may be given, but in no event less than two hours in advance of the meeting. In addition, such notice shall be posted for a like period on the City Hall bulletin board. The subject matter of all closed sessions shall be announced so as to comply with the requirements of § 19.85, Wis. Stats.

(6)

Call to order. The Mayor, or in his/her absence the President of the Common Council, shall promptly call each meeting of the Common Council to order at the hour fixed for the holding of such meeting. In case of the absence of the Mayor and President, the Clerk/Treasurer shall call the meeting to order and the Alderpersons present shall elect one of their number President Pro Tem.

(7)

Roll call and quorum. Before proceeding to business, the roll of the members of the Common Council shall be called and the names of those present and those absent shall be recorded in the proceedings of the Common Council. Four members or more shall constitute a quorum for transaction of business, but a lesser number can adjourn and shall have the power to compel the attendance of absent members. The Mayor shall not be counted in determining whether a quorum is present.

(8)

Attendance; leave of absence. No member of the Common Council, the Clerk/Treasurer, the Chief of Police or any other employee who may be required to attend shall absent him/herself from the meetings of the Common Council unless for illness or other good cause without first having obtained leave of absence from the presiding officer. No member present at a meeting shall leave the Council chamber without permission from the Chairperson.

(9)

Disturbance; how suppressed.

Whenever any disturbance of disorderly conduct shall occur in the Council chambers or rooms or halls adjacent thereto, the Mayor or other presiding officer of the Common Council shall have power and authority, by and with the aid of the Chief of Police or other police officer in attendance, to cause the same to be cleared of all persons causing a disturbance.

The Common Council may punish, by fine, members or other persons present for disorderly behavior.

Order of business. The order of business shall be as follows:

Pledge of allegiance.

Roll call of members and confirm Open Meeting Law[1] has been complied with.

Editor's Note: See §§ 19.81 to 19.98, Wis. Stats.

Action on minutes.

Approval of agenda.

Public input (ten-minute limit, three minutes per person).

(6)

Financial report.

(7)

Police Department report.

(8)

Fire Department report.

(9)

Health, Protection and License Committee report.

(10)

Board of Public Works report.

(11)

Utility Committee report.

(12)

Finance and Personnel Committee report.

(13)

Park and Cemetery Committee report.

(14)

Planning Committee report.

(15)

Attorney's report.

(16)

Mayor's report.

(17)

Clerk/Treasurer's report.

(18)

Adjourn.

Committee appointments.

The Mayor of the City of Gillett, subject to the approval of a 2/3 majority of Common Council members present, shall make all Aldermanic appointments to committees prior to the regular Common Council meeting following the first meeting of the newly elected Common Council and shall designate the chairperson thereof. The Mayor shall serve as a nonvoting ex officio member of all Common Council committees. All Aldermanic appointments to Commissions, whether required by statute or ordinance, shall also be made by the Mayor of the City of Gillett, subject to the approval of a 2/3 majority of Common Council members present.

[Amended 6-3-2010 by Ord. No. 8-2010]

Power and duties of committees.

Board of Public Works. Three Alderpersons, appointed by the Mayor, with the approval of the Common Council, shall constitute the Board of Public Works. It shall be the duty of the Board, under the direction of the Common Council, to superintend all matters relating or pertaining to public works and public buildings and to keep the streets, alleys, storm sewers and public works and places in repair and to exercise such other powers and duties as provided by law or ordinances.

Finance and Personnel Committee. Three Alderpersons, appointed by the Mayor, with the approval of the Common Council, shall constitute the Finance and Personnel Committee. To this Committee shall be referred all accounts, claims or other matters relating to City finances, including the responsibility to examine annually department estimates and prepare the proposed budget to be submitted to the Common Council. Further, this Committee shall be responsible for all City personnel matters, except those relating to the Police Department employees.

(c)

Health, Protection and License Committee. Three Alderpersons, appointed by the Mayor, with the approval of the Common Council, shall constitute the Health, Protection and License Committee. This Committee shall have all of the powers and duties conferred on local boards of health by the statutes of the State of Wisconsin. Further, this Committee shall be responsible for managing and superintending all matters relating to the Police and Fire Departments, including personnel matters of Police Department employees. Further, this Committee shall review all applications for licenses and give recommendations to the Common Council regarding approval or rejection of the same. Further this Committee will handle all occupational safety issues.

(d)

Parks and Cemetery Committee. Three Alderpersons appointed by the Mayor, with the approval of the Common Council, shall constitute the Parks and Cemetery Committee. This Committee shall be responsible for managing and superintending all matters relating to the parks, the Orby Jones Family Complex and cemetery of the City.

(e)

Utility Committee. Three Alderpersons appointed by the Mayor, with the approval of the Common Council, and two citizen members appointed by the Mayor shall constitute the Utility Committee. This Committee shall be responsible for general management and control of all matters pertaining to the Water and Sewer Utility. This Committee shall have the power under § 66.0819, Wis. Stats., and Chapter 20, Water and Sewer Utility, of this Code.

(f)

Planning Committee. Three Alderpersons appointed by the Mayor with the approval of the Common Council shall constitute the Planning Committee. This Committee shall have the authority to hear and decide special exceptions and to make recommendations to the Common Council concerning amendments to Chapter 21, Zoning, of this Code, as well as all other statutory and delegated duties. Further, the Committee shall be responsible for attracting prospective business and industry to the City, including related promotion and advertising of the City. The Committee shall work with the existing City and county economic development organizations, including the purchase and sale of land.

Committee meetings. All committees shall meet at the call of the respective chairperson.

Committee reports. Each committee shall, at the next regular Common Council meeting, submit a report on all matters referred to it. Such report shall recommend a definite action on each item. Any committee may require any City officer to confer with it and supply information in connection with any matter pending before it.

Common Council appointments.

Aldermanic appointments; terms. All aldermanic appointments to Common Council committees and commissions or boards, whether required by statute or ordinance, shall be for a term of one year. No Alderperson shall serve on more than three standing committees and no Alderperson shall chair more than one committee.

President of Common Council; election and term. The Common Council at its first meeting subsequent to the regular election, as defined in Subsection B(2) of this section, shall, after organization, choose from its members a President who, in the absence of the Mayor, shall preside at meetings of the Common Council and, during the absence or inability of the Mayor, shall have the power and duties of the Mayor, except that he/she shall not have power to approve an act of the Common Council which the Mayor has disapproved by filing objections with the Clerk/Treasurer. He/she shall, when so acting, be styled "Acting Mayor." The President of the Common Council is to serve such position for a term of one year.

Closing of agenda for Common Council. All matters to be included on the agenda for a regular meeting shall be presented by the Mayor or committee chairperson to the City Clerk/Treasurer by the close of the business day on the Friday prior to the regular meeting. All matters to be included on the agenda for special meetings shall be presented by the Mayor or committee chairperson prior to the time required to post for a special meeting. This subsection shall not limit the Common Council from acting in an emergency session as authorized by the Wisconsin Open Meeting Law, Ch. 19, Wis. Stats.

General rules

The deliberations of the Common Council shall be conducted in accordance with the parliamentary rules contained in Robert's Rules of Order, most current revision. No person other than a member shall address the Common Council except by invitation of the committee chairperson or the Mayor. No ordinance, resolution or other motion shall be discussed or acted upon unless 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.

Voting. The "ayes" and "nays" shall be called for any question if required by any member of the Common Council and at all other times when required by law.

Resolutions and ordinances. All resolutions and ordinances presented for consideration to the Common Council shall be reviewed by a standing committee of the Common Council. Recommendations for approval or rejection are to be indicated by the Committee at the time of consideration by the Common Council.

Suspension of rules. These rules or any part thereof may be temporarily suspended in connection with any matter under consideration by a recorded vote of 2/3 of the Common Council members.

§ 3-7 Election Inspectors.

Five Election Inspectors shall be appointed by the Mayor for a two-year term.

At all elections there shall be one polling place in the City of Gillett.

At all elections there shall be an adequate number of election inspectors available. Total number of election inspectors on staff will be determined by the ballot race and at the discretion of the City Clerk. All election inspectors may work split shifts during the election day.

[Amended 2-4-2010 by Ord. No. 2-2010]

Such Election Inspectors shall have all the powers and perform all the duties prescribed for such officials by the laws and regulations of the State of Wisconsin.

Such Election Inspectors shall be selected in the manner provided by law.

Such Election Inspectors shall receive a wage set by the Finance and Personnel Committee and approved by the Common Council. All compensation will be processed through the City of Gillett payroll and will be paid by way of direct deposit into an account designated by said Election Inspector.

§ 3-8 Fire Department.

Volunteer Fire Department. The Fire Department of the City of Gillett shall be known as the "Gillett Volunteer Fire Department."

Fire Chief. The Chief is elected by the firemen for a two-year term and confirmed by the Common Council.

Duties of Chief. The Chief shall preside at all meetings of the Department. The Chief shall assume command at fires and direct the members as he sees fit. He shall report all cases of violation of the rules, regulations or orders of the Department to the Health, Protection and License Committee and may, for cause, suspend any member until the charges can be examined and acted on by the Common Council. He shall have the custody, subject to the direction of the Mayor, of all engines, hose wagons, trucks, ladders, and all other equipment of the Department.

Assistant Chief. The Assistant Chief shall be elected by the Department and confirmed by the Common Council, and he shall assume the duties of the Chief in case of his absence.

Adoption of bylaws. The Department may adopt by a two-thirds vote such bylaws, rules and regulations not inconsistent with this chapter as it may deem proper. The bylaws shall then go to the Health, Protection and License Committee for review and recommendation to the Common Council for approval.

§ 3-9 Tax exemption report fee.

[Amended 3-6-2006 by Ord. No. 2003-5]

Pursuant to § 70.337, Wis. Stats., each person who is required to file a tax exemption report under § 70.337, Wis. Stats., shall pay a fee set by the Common Council[1] to the City Clerk/Treasurer to defray the City's cost of distributing and reviewing the tax exemption report and for the Clerk/Treasurer preparing the necessary forms for the Department of Revenue.

Editor's Note: The current fee schedule is on file in City offices.

§ 3-10 Comprehensive Plan.

[Added 6-2-2005 by Ord. No. 2005-03; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

Note: The Common Council approved a new Comprehensive Plan September 3, 2020.

§ 3-11 Accommodations Tax.

[Added 9-6-2007 by Ord. No. 18-2007]

Definitions. As used in this section, the following terms shall have the meanings indicated:

ACCOMMODATIONS TAX

That tax which is referred to in § 66.0615, Wis. Stats., and includes the definitions contained in § 66.0615(1), Wis. Stats.[1]

HOTEL or MOTEL

A building or group of buildings in which the public may obtain accommodations for a consideration, including, without limitation, such establishments as inns, motels, tourist homes, apartment hotels, resort lodges and cabins and any other building or group of buildings in which accommodations are available to the public, except accommodations rented for a continuous period of more than one month and accommodations furnished by any hospital, sanatorium or nursing home, or by corporations or associations organized and operated exclusively for religious, charitable or educational purposes, provided that no part of the net earnings of such corporations and associations inures to the benefit of any private shareholder or individual.

TRANSIENT

Any person residing for a continuous period of less than one month in a hotel, motel or other furnished accommodations available to the public.

Editor's Note: The definition of "gross receipts," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

Imposition of tax. Pursuant to § 66.0615, Wis. Stats., a tax of 6% is hereby imposed on the privilege and service of furnishing, at retail, rooms or lodging to transients by hotel keepers, motel operators and other persons furnishing accommodations that are available to the public, irrespective of whether membership is required for the use of the accommodations. Such tax shall not be subject to the selective sales tax imposed by § 77.52(2)(a)1, Wis. Stats., and may not be imposed on sales to the Federal Government and persons listed under § 77.54(9a). The proceeds of such tax collected shall be appropriated as follows: 93% for advertising on television, radio, signs, promotional material, special events or promotions, marketing and public relations activities, information center activities, sport and travel shows, and personnel necessary to carry out such projects; 5% to the City of Gillett for handling and administration; and 2% discount to the facility collecting the tax; provided, however, that 30% of the 93% apportionment shall be assigned to tourist-related projects in the form of a community development fund administered by the Tourism and Marketing Commission.

Administration.

This section shall be administered by the Clerk-Treasurer. The tax imposed is due and payable within 30 days of the end of each quarter. A return shall be filed with the Clerk-Treasurer by those furnishing at retail such rooms, lodging or sites within the City on or before the same date on which such tax is due and payable upon a form approved by the City. Every person required to file such quarterly returns shall file an annual calendar year return. Such annual return shall be filed within 30 days of the close of each calendar year.

The annual return shall summarize the quarterly returns, reconcile and adjust for errors in the monthly returns and shall contain certain additional information as the Clerk-Treasurer requires. The Clerk-Treasurer may, for good cause, extend the time for filing any return, but in no event longer than one month from the filing date.

List of accommodations. The Tourism and Marketing Commission shall annually file with the Clerk-Treasurer a list of hotels, motels and sites, and regularly update it for the purpose of maintaining an accurate list of facilities subject to the accommodation tax.

Audits. Whenever the City has probable cause to believe that the correct amount of accommodations tax has not been assessed or that the tax return is not correct, the City shall inspect and audit the financial records of any person subject to the accommodations tax to determine whether or not the correct amount of accommodations tax is assessed and whether or not any accommodations tax return is correct.

Failure to file. If any person fails to file a return, as required by this section, the Clerk-Treasurer shall determine the tax according to the Clerk-Treasurer's best judgment. On the basis of what amount of taxes the City determines to be due, the Clerk-Treasurer shall compute and determine the amount required to be paid to the City, adding to the sum thus arrived at, plus interest at the rate of 1% per month on the unpaid balance.

Forfeiture. All unpaid taxes under this section shall bear interest at the rate of 1% per month on the unpaid balance. If any person who is subject to the tax imposed by this section fails to pay the tax due, said person shall be subject to a forfeiture of not greater than 25% of the tax due for the previous year under Subsection B or F above or $5,000, whichever is less.

Required records. Every person liable for the tax imposed by this section shall keep or cause to be kept such records, receipts, invoices and other pertinent papers in such form as the Clerk-Treasurer requires.

Confidentiality of returns. All tax returns, schedules, exhibits, writings or audit reports relating to such returns on file with the Clerk-Treasurer are deemed to be confidential, except the Clerk-Treasurer may divulge their contents to the following and no others:

The person who filed the return.

Officers or agents of the City as may be necessary to enforce collection.

Pursuant to an order of a court.

Refusal to permit inspection. Any person who is subject to the tax imposed by this section who fails or refuses to permit the inspection of his financial records by the Clerk-Treasurer after such inspection has been requested by the Clerk-Treasurer shall be subject to a forfeiture not to exceed 5% of the tax the City determines to be due.

Penalty retained by City. Any and all penalties imposed by the City are to be retained by the City.

§ 3-12 Wards.

[Added 7-25-2011 by Ord. No. 14-2011; amended 12-1-2011 by Ord. No. 14-2011]

Ward 1. That part of the City of Gillett surrounded by a line commencing at northwest City limits to southwest City limits, east to South Elm Avenue, north to West Fourth Street, east to South Oak Avenue, north to West Main Street, east to North McKenzie Avenue, north to City limits, and east to City limits.

Ward 2. That part of the City of Gillett surrounded by a line commencing at northeast City limits to southeast City limits, west to South Green Bay Avenue, north to East First Street, west to South Richmond Avenue, north to East First Street, west to West Main Street, east to North McKenzie Avenue, north to City limits, and east to City limits.

Ward 3. That part of the City of Gillett surrounded by a line commencing at the corner of West Main Street and South Oak Avenue, south to West Fourth Street, west to South Elm Avenue, south to City limits, east to South Green Bay Avenue, north to East First Street, west to South Richmond Avenue, north to East First Street, west to West Main Street, and west to South Oak Avenue.

§ 3-13 Common Council Ethics Code.

[Added 7-5-2012]

Recognizing Common Council and governmental regulations governing conflict of interest, no person shall serve on the Council while knowingly in conflict with the letter of spirit of the regulations.

All members of the Council shall recognize that the business of the Council can be conducted only at meetings of the Common Council or at officially designated meetings of the Council.

All members of the Common Council shall recognize that certain "privileged business of the Council as conducted in Executive Session," such as salary and personnel matters involving pending litigation, shall be treated as confidential to preserve the integrity of the Council and to safeguard the rights and dignity of all persons involved in legally recognized confidential testimony.

It is recognized that grievances or complaints from the public will at times be brought to the attention of members of the Common Council. Such matters will be handled as follows:

Referred immediately to the Mayor if it is felt that he/she is in a position to deal directly with the problem, without further help from the Common Council; or

Referred to the next immediate meeting of the Common Council, for official consideration and possible action.

Each member of the Common Council, representing either the developmentally disabled, a community interest or local governmental body, Common Council must recognize:

That they have been entrusted with oversight responsibilities in various developmentally disable programs administered by the City of Gillett.

That the public expects the Council's first and greatest concern to be the developmentally disabled people in need of our programs without distinction as to who they are or what their background may be.

That the Council must take the initiative in helping all the people of this area to have all the facts all the time about the City of Gillett, to the end that they will support the finest possible program.

That legally the authority of the Council is derived from its corporate charter under the State of Wisconsin.

In view of the above, it shall be a Council member's constant endeavor to:

Devote time, thought, and study to the duties and responsibilities of a Council member so as to render effective and credible service.

Work with fellow Council members in a spirit of harmony and cooperation in spite of differences of opinion that arise during vigorous debate of points at issue.

Base voting decision upon all available facts in each situation: to vote on the basis of honest convictions in every case, unswayed by partisan bias of any kind; thereafter, to abide by and uphold the final majority decision of the Council publicly and in representation as a Council member.

Remember at all times that as an individual, members have no legal authority outside the meetings of the Board unless delegated specific authority by the Council; and to conduct any relationships with staff, citizenry, and all media of communication on the basis of this fact.

Resist every temptation and outside pressure to use the position as a Council member to benefit either themselves or any other individual agency apart from the total interest of the City of Gillett.

(6)

Bear in mind under all circumstances that the primary function of the Council is to establish the policies by which the organization is to be administered, but that the administration of the programs and daily conduct of organization business hall be left to the employed Mayor and his/her profession staff.

(7)

Welcome and encourage active cooperation by citizens, organizations, and the media of communication in the service area with respect to establishing policy and proposed future developments.

Code of conduct regarding Rural Development's funds. Any members of the Council or employee of the City of Gillett shall not participate in the selection, award, or administration of a contract supported by Rural Development funds if a conflict of interest, real or apparent, would be involved when: any members of the Council or employee; any member of their immediate family; their partner; or an organization which employs, or is about to employ, has a financial or other interest in the firm selected for the award. All members of the Council and employee of the City of Gillett must recognize:

Any members of the Council or employee of the City of Gillett shall not solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub-agreements.