[HISTORY: Adopted by the Common Council of the City of Nekoosa 2-9-1988 by Ord. No. 423. Amendments noted where applicable.]
The Mayor and eight Alderpersons shall constitute the Council. See § 1.02 of this Code.
The Mayor shall be the chief executive officer of the City. He shall have the powers and duties prescribed in Ch. 62, Wis. Stats., and applicable sections of the Wisconsin Statutes.
The regular terms of office of the Mayor and the Alderpersons shall commence on the third Tuesday of April in the year of their election.
The Council shall be the judge of the election and qualification of its members, may compel their attendance, and may fine or expel members for neglect of duty. [See § 62.11(3), Wis. Stats.]
The Council shall adopt the proper rules of procedure as necessary and shall have such duties and powers as are provided by state law and this Code.
At its first meeting subsequent to the regular election and qualification of new members, the Council 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 City Clerk. He shall, when so officiating, be styled "Acting Mayor."
Regular meetings. The regular meetings of the Council shall be held in the Council chambers room in the City Municipal Building on the second Tuesday of each month at 7:00 p.m., except that when the day for holding any regular meeting shall be a legal holiday, the regular meeting shall be held on the next following secular day at the same place and hour, unless otherwise determined by the Council.
[Amended by Ord. No. 472]
Special meetings of the Council may be called by the Mayor, or, in his absence, the President of the Council, at such time as he may appoint, by written notice of the purpose and time thereof to each member, delivered to him personally or left at his usual place of abode.
Upon petition of three or more of the members of the Council, the Mayor, or, in his absence, the President of the Council, shall call a special meeting of the Council.
In addition to all other notice requirements, the requirement of Subsection (4) below 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 Council or of any City board, commission, committee 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 Municipal Building entrance door and a copy sent to the official newspaper and other requesting media. The subject matter of all closed sessions shall be announced by the Mayor or committee, board or commission chairperson and a roll call vote taken on the motion to go into closed session so as to comply with the requirements of § 19.85, Wis. Stats.
Attendance by City officials. Unless excused by the Mayor, the City Clerk, the City Attorney, the Director of Public Works, the City Treasurer and the Chief of Police or their designated representatives shall be required to attend all regular meetings of the Council. Other department heads and City officials shall attend Council meetings when requested by the Mayor.
Call to order. The Mayor, or, in his absence, the President of the Council, shall promptly call each meeting of the Council to order at the hour fixed for the holding of such meeting. In case of the absence of the Mayor and the President, the City Clerk shall call the meeting to order, and the Alderpersons present shall elect one of their number President Pro Tem. In the absence of the City Clerk, the Mayor shall appoint a Clerk for that meeting.
Roll call. After the presiding officer calls the meeting to order, the City Clerk shall call the roll.
Order of business. At all meetings, the following order shall be observed in disposing of business before the Council unless otherwise provided in the agenda:
Call to order.
Approval of previous minutes.
Citizens forum; ten-minute limit, except by consent of Council.
Reports of committees, commissions, boards, the City Clerk and the Mayor.
Unfinished business requiring formal action by the Council, including matters from previous meetings or committee reports contained in previous agenda.
Any new business, including introduction of ordinances, resolutions or other communications requiring formal action by the Council, and including action items in committee reports.
Closed sessions under § 19.85, Wis. Stats., if scheduled.
Approval of claims.
Business taken in order; exception. No business shall be taken up out of said order except by either unanimous consent and without debate or by two-thirds vote under suspension of the rules as provided in § 2.04(14) of this chapter.
The standing rules for the government of the Council shall be as follows:
Introduction of business. All ordinances, resolutions or other communications shall be in writing, with a brief statement of their contents endorsed thereon, and shall be delivered to the City Clerk and entered on the minutes. The Council shall refer the ordinance, resolution or communication to the appropriate committee or to the appropriate place on the agenda.
Questions of order. The presiding officer shall decide all questions of order, subject to an appeal to the Council. No appeal shall be debatable, and the appeal may be sustained by a majority of the members.
When a motion is made and seconded, it shall be deemed to be in the possession of the Council and shall be stated by the presiding officer or, if written, shall be delivered to the City Clerk and read by him before debate begins.
Unless otherwise provided in these rules, the rules of order pertaining to motions shall be according to Robert's Rules of Order, Revised.
Division of question. Any member may call for a division of the question when the same will admit thereof, and such division shall be made by the Chair, and a separate vote shall be taken on each division.
No member shall address the Council until he has been recognized by the presiding officer. When a member wishes to speak to a question or make a motion, he shall respectfully address the presiding officer. No member shall address the Council until he has been recognized by the presiding officer. When two or more members desire to address the presiding officer at the same time, the presiding officer shall designate the member who shall have the right to speak first. The presiding officer's determination on who shall speak first under this subsection shall be final.
No member shall speak more than a total of 10 minutes on any question unless the Council, by a majority vote, shall grant an extension of time for a member to speak.
When a question is under discussion, no action shall be in order except to adjourn, to lay on the table, to postpone to a certain day, to refer to a committee, to amend, or to postpone indefinitely. All such motions shall have precedence in the order listed.
Any member wishing to terminate debate on a question may move to put the question before the Council. The presiding officer shall then state that the previous question has been moved, and a vote shall be taken on whether the question shall be put to a vote. If a majority of the members vote in the affirmative, debate shall be terminated and the presiding officer shall then clearly state the question before the Council. The Council shall vote first upon pending amendments and then upon the main question.
Two-thirds of the members of the Council shall be a quorum. A lesser number than a quorum may compel the attendance of absent members and may adjourn. A majority of all the members shall be necessary to a confirmation on all questions. In case of a tie, the Mayor shall have a casting vote. 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. The Mayor shall not be counted in determining whether a quorum is present at a meeting. (See § 62.11, Wis. Stats.)
Unless approved by unanimous consent of the members, the ayes and noes shall be taken and recorded by roll call upon all questions before the Council.
All ordinances, rules, resolutions and motions shall be passed by an affirmative vote of a majority of all the members of the Council unless an extraordinary vote is otherwise required.
The Mayor shall 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 by Wisconsin law. All acts of the Council shall be submitted to the Mayor by the City Clerk and shall be enforced upon approval evidenced by the Mayor's signature or upon failing to approve or disapprove, within five days, which fact shall be certified thereon by the Clerk. If the Mayor disapproves, the Mayor's objections shall be filed with the City Clerk, who shall present them to the Council at the next meeting. A 2/3 vote of all the members of the Council shall then be required to make the act effective notwithstanding the objections of the Mayor. If the last day for exercising a veto falls on a Sunday or a holiday, the Mayor may exercise a veto on the next succeeding secular day.
Reconsideration. It shall be in order for any member who voted in the affirmative on any question which was adopted, or for any member who voted in the negative when the vote is evenly divided, or for any member who voted in the negative when the number of affirmative votes was insufficient for adoption, to move a reconsideration of such vote at the same or next succeeding regular meeting of the Council. A new Council member shall succeed to the voting position of his predecessor. A motion to reconsider shall not be in order when the same result can be obtained by another motion.
Ordinances. No ordinance shall be adopted until the same shall have been submitted in writing. Following passage of any ordinance, the City Clerk shall cause the same to be published in the official City newspaper, as provided by § 62.11(4), Wis. Stats., unless the Council, by majority vote, directs the Clerk to cause the ordinance to be published pursuant to § 66.0103, Wis. Stats.
All reports, resolutions, ordinances or other written documents to be brought before the Council at its regular meeting shall be filed with the City Clerk by 4:00 p.m. on the Friday immediately preceding the regular Tuesday meeting; provided, however, any member shall have the right to bring any resolution before the Council at a regular Council meeting.
A proposed agenda, together with relevant materials and communications, shall be prepared by the City Clerk and available to the Mayor, the Council members, and City officers required to attend regular meetings not later than 4:00 p.m. on the Monday prior to each regular Council meeting. A similar agenda shall be prepared and delivered for special meetings of the Council if time permits. No item may be acted on by the Council unless it is included in the agenda except by a 2/3 vote of the members or by suspension of the rules as provided by Subsection (14) below. The proposed agenda, together with relevant materials and communications, shall be available at the City Clerk's office for public inspection and copying by 4:00 p.m. on the Monday immediately preceding the regular Council meeting. The agenda and materials for a special Council meeting shall be available as soon as prepared and assembled by the City Clerk.
Citizens' right to address Council.
Any citizen shall have the right to speak on any action item of business that is on the agenda for Council action if he is recognized by the presiding officer. Speakers may be limited to 10 minutes, except by consent of the Council. No citizen shall be permitted to speak on petitions, communications and reports when first introduced before the Council and which are scheduled to be referred to and reported back at a later meeting or which will be taken up at a later time in the regular meeting.
No person, except members and officers of the Council, shall be allowed to address the Council during the session of the Council without the permission of the presiding officer.
Public hearings. In conducting a public hearing, the Council shall allow all interested parties an opportunity to speak on the subject matter of the hearing. At the beginning of a public hearing, the presiding officer shall request all speakers to remain in the Council chambers until the conclusion of the public hearing so that each speaker will be available for questioning by the Council members. Public hearings shall be conducted by first allowing those citizens to speak who are against the question. Each side shall be given an opportunity to rebut new evidence presented by the opposing side.
Robert's Rules of Order to govern. In the absence of a special ordinance or state statute, the Council shall be governed by Robert's Rules of Order, Revised.
Business at special meetings. At special meetings of the Council, no business shall be transacted but that for which the meeting shall have been called.
Suspension of rules. Except as otherwise provided by law or this chapter, 2/3 of the members shall be required to suspend, alter or modify any of the rules in this section.
Disturbances and disorderly conduct. Whenever any disturbance or disorderly conduct occurs in any meeting of the Council, the presiding officer may cause the room to be cleared of all persons guilty of such disorderly conduct, except the Council members. If any Council member is guilty of disorderly conduct, the presiding officer may order the police to take the member into custody for the time being or until the meeting adjourns. Such member may appeal from such order to the Council as in other cases.
Failure to observe rules not a waiver. The failure to observe or enforce the standing rules under this section shall not constitute nor be deemed a waiver of the future enforcement of the rules.
Payment of claims. See § 3.08 of this Code.
The following committees, each consisting of four Alderpersons, shall be appointed by the Mayor at the organizational meeting of the Council each year, and the Chairperson of each shall be designated by the Mayor:
Ways and Means Committee.
[Amended 7-10-2012 by Ord. No. 566; 10-13-2020 by Ord. No. 606]
The Ways and Means Committee shall be responsible for the overall financial structure of the City.
The Committee's functions include monitoring and examining the existing methods of collecting, banking, disbursing and reporting of all revenue and recommending desirable improvements.
Areas of responsibility shall include all areas of taxation, bonding, monthly receipts and disbursements, insurance, functions of the City Municipal Building, Library, licenses and permits, major purchases over $1,000 not approved by another committee, leases and contracts, and all other matters referred to it by the Mayor or the Council.
It shall be the purpose of this Committee to recommend policies and procedures for comprehensive and effective operations of all financial functions performed by the City and its personnel.
Property, Recreation and Human Affairs Committee.
The Property, Recreation and Human Affairs Committee shall be responsible for all City-owned property, except those properties made the responsibility of the Ways and Means Committee.
The Committee's functions shall include reviewing policies and procedures for use, development, maintenance, disposal or acquisition of City lands. Areas of responsibility shall be all City properties, including the parks, swimming pool, skating rink, baseball diamonds, tennis courts, and Riverside Cemetery, City beautification, civic activities, elderly and youth programs, and education. A further function shall be the selection and supervision of swimming pool and skating rink employees, and all other duties referred by the Mayor or the Council.
It shall be the purpose of this Committee to recommend and regulate the policies and procedures of effective and meaningful operation of the various City-owned properties and programs for the benefit of all.
Public Works Committee.
The Public Works Committee shall be responsible for the planning and facilitating of all public works.
Areas of responsibility include policies, procedures and functions of the Department of Public Works; water and sewage treatment plants; maintenance, repair, improvements and extensions to public roadways, sewers, waterlines, curbs, gutters and sidewalks, garbage and rubbish pickup, and the machinery and equipment needed for these functions; streetlighting; and all other duties referred to it by the Mayor or the Council.
Public Safety Committee.
The Public Safety Committee shall be responsible for all functions of the Police, Fire, Ambulance and Emergency Government Departments.
Areas of responsibility are the use, maintenance and operation of the Safety Center; emergency vehicles; mutual agreements on fire or police protection; standard operating procedures covering natural or man-made disasters; all areas of public protection, health and safety; and all other duties referred to it by the Mayor or the Council.
[Amended 10-13-2020 by Ord. No. 606]
The Personnel Committee shall be responsible for overall policy relating to the City's employees.
Areas of responsibility include the annual review of wage/salary and benefit plans, labor negotiations, employee grievances, review of disciplinary actions, personnel policies, organizational structure, job descriptions, staffing levels and overall efficiency and productivity.
In addition to the standing committees, special committees may be appointed from time to time to deal with special matters of interest to the City. All such committees shall be appointed by the Mayor unless otherwise directed by the Council.