[HISTORY: Adopted by the Common Council of
the City of Mayville 2-13-1989 by Ord. No. 695-89 as Ch. 2 of the 1989
Code. Amendments noted where applicable.]
[Amended by Ord. No. 817-95]
B.
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 other applicable sections of the Wisconsin Statutes.
C.
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.
D.
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.]
E.
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.
F.
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 called "Acting Mayor."
[Amended by Ord. No. 817-95]
A.
Regular meetings. The regular meetings of the Council
shall be held in the Council Room in the City Hall on the second Monday
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.
B.
Special meetings.
(1)
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, at least six hours before the meeting.
(2)
Upon petition of three or more Alderpersons, the Mayor
or, in his absence, the President of the Council shall call a special
meeting of the Council.
C.
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 Hall bulletin board. The subject matter
of all closed sessions shall be announced by the Mayor 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.
D.
Adjournments. Any regular or special meeting may be
adjourned by a majority vote of the members present, but not fewer
than three affirmative votes. No adjournment shall be made to a time
later than the next regular meeting.
[Amended by Ord. No. 817-95]
A.
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 Clerk, the
Mayor shall appoint a clerk for that meeting.
[Amended by Ord. No. 927-2002]
B.
Roll call. After the presiding officer calls the meeting
to order, the Clerk shall call the roll.
[Amended by Ord. No. 927-2002]
C.
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:
[Amended 3-10-2008 by Ord. No. 1006-2008]
D.
Business taken in order; exception. No business shall be taken up out of said order except by a two-thirds vote under suspension of the rules as provided in § 38-4 of this chapter.
[Amended 3-10-2008 by Ord. No. 1006-2008]
E.
Citizen
comment and public hearing rules. Citizen comments are at the chairperson’s
preference.
[Added 9-12-2011 by Ord. No. 1035-2011]
(1)
Citizen
comments and public hearing comments will be kept to a maximum of
five minutes per speaker unless the chairperson allows extension of
the time.
(2)
The
citizen will make his comments at the podium after stating his name
and address.
(3)
Each
citizen may comment only one time per meeting / public hearing.
[Amended by Ord. No. 817-95]
The standing rules for the government of the
Council shall be as follows:
A.
Presiding officer. The Mayor, at the stated hour,
shall call the meeting to order. He 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, Revised, unless otherwise provided by statute or these rules.
Any member shall have the right to appeal from a decision of the presiding
officer. No appeal shall be debatable, and the appeal may be sustained
by a majority of the members present, exclusive of the Mayor.
B.
Absence of Mayor. If the Mayor is absent at the designated
time for any meeting, the President of the Council or, in his absence,
the City Clerk shall call the meeting to order and the Alderpersons
present shall elect one of their number President Pro Tem.
[Amended by Ord. No. 927-2002]
C.
Presiding officer may vacate Chair. Whenever the presiding
officer shall desire to speak upon any question, he shall vacate the
Chair and designate an Alderperson to preside temporarily.
D.
Quorum; voting.
(1)
Four 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 present shall be necessary
to a confirmation on all questions. In case of a tie, the Mayor shall
have a 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.)
(2)
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. It shall not be in order for any member
to explain his vote during such call. 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, the vote shall be by ayes and noes.
(3)
All ordinances, rules, resolutions and motions shall be passed by an affirmative vote of a majority of the members of the Council present unless an extraordinary vote is otherwise required. No ordinance may be voted on for final passage on the same day on which it was introduced unless by suspension of the rules pursuant to Subsection L of this section. Upon the second reading of the ordinance, the presiding officer shall state it as ready for adoption.
[Amended by Ord. No. 730-91]
(4)
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 working days, which fact shall be
certified thereon by the Clerk. If the Mayor disapproves, the Mayor's
objection shall be filed with the Clerk, who shall present it to the
Council at the next meeting. A two-thirds vote of all the members
of the Council shall then be required to make the act effective notwithstanding
the objections of the Mayor.
[Amended by Ord. No. 927-2002]
E.
Ordinances and resolutions referred to committee.
All ordinances, resolutions, communications and other matters submitted
to the Council shall be read by title and may be referred to the appropriate
committee by the Mayor. The Clerk shall read and record each such
reference by title. Any Alderperson may require the reading in full
of any matter at any time it is before the Council. All bills and
other financial claims against the City shall be referred to the City
Treasurer-Comptroller for report thereon at the next meeting of the
Council.
[Amended by Ord. No. 927-2002]
F.
Preparation of agenda. All items to be placed on the
agenda for the Council's consideration shall be presented to the Clerk's
office no later than the first Monday of each month and, upon receipt
of such items for consideration on the agenda, the Clerk shall make
such agenda and it shall be provided to the members of the Council
prior to the meeting.
[Amended by Ord. No. 927-2002; 3-10-2008 by Ord. No. 1006-2008]
G.
Consent agenda.
(1)
Items for consent agenda.
(a)
Personnel matters requiring Council action, not including
reviews of employee grievances, or appointments and terminations that
the Council is required, by law, to make.
(b)
Routine financial management actions, such as approval
of bills to be paid, approval of warrants to be issued, transfer of
funds, declaration of property to be surplus, approval of specifications
and setting of dates for bid openings.
(c)
Minor property and growth management decisions that
do not require interpretation of policy.
(d)
Approval of licenses.
(e)
Setting dates for public hearings.
(f)
Receiving routine reports from City departments.
(g)
Miscellaneous requests for services which meet uniform
standards and criteria.
(h)
Ordinances and/or resolutions which do not require
public hearings prior to adoption.
(2)
Procedures and rules for consent agenda.
(a)
The consent agenda shall be published in a local newspaper
of general circulation at least five calendar days prior to the regularly
scheduled monthly meeting of the Council.
(b)
A Council member wishing to have any item or items
removed from the consent agenda and placed on the floor for debate
shall state the item or items to be so removed. The uncontested items
remaining on the consent agenda shall then be voted on as a unit and
shall only be adopted by a unanimous vote of those Council members
present and voting; a motion to approve the consent agenda shall not
be debated.
(c)
The consent agenda shall be placed on the regular
Council agenda as the first item of regular business.
(d)
Copies of all ordinances and/or resolutions which
may be placed on the consent agenda shall be circulated to Council
members for review at least three calendar days prior to the regularly
scheduled monthly meeting agenda on which they are placed. The consent
agenda published will relate a brief description of the purpose and
intent of the ordinance or resolution, and notice that copies of the
complete text of the same are available in the office of the Clerk
for the public for review shall be so noted.
[Amended by Ord. No. 927-2002]
H.
Committee reports. Each committee shall, at the next
regular meeting, report on all matters referred to it. The report
shall recommend action by the Council if needed. The committee may
require any City officer to confer with it and supply information
needed in connection with any matter pending before the committee.
[Amended by Ord. No. 927-2002[1]]
I.
Appropriations. All ordinances or resolutions appropriating
money or creating any charge against the City other than the payment
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. A roll call vote shall be taken
and recorded on all appropriations.
J.
Reconsideration of question. Any member voting in
the majority may move for a reconsideration of the vote of any question
at that meeting or at the succeeding regular meeting. A motion to
reconsider being put and lost shall not be renewed. An Alderperson
may not change his vote on any question after the result has been
announced.
K.
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.
L.
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 members present.
M.
Repeal or amendment of rules. These rules may be repealed
or amended only upon the two-thirds vote of all the Alderpersons.
[Amended by Ord. No. 817-95]
The deliberations of the Council shall be conducted
in the following manner:
A.
No Alderperson shall address the Council until he
has been recognized by the presiding officer. He shall thereupon address
himself to the presiding officer and confine his remarks to the question
under discussion and avoid all personalities.
B.
When two or more members simultaneously seek recognition,
the presiding officer shall name the member who is to speak first.
C.
No person other than a member shall address the Council,
except by vote of a majority of the members present.
D.
No motion shall be discussed or acted upon unless
and until it has been seconded unless the rules permit one Alderperson
to initiate action. No motion shall be withdrawn or amended without
the consent of the person making the same and the person seconding
it.
E.
When a question is under discussion, no action shall
be in order except to adjourn; to lay on the table; the previous question;
to postpone to a certain day; to refer to a committee; to amend; and
to postpone indefinitely. These motions shall have precedence in the
order listed.
F.
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 bring the Council to a direct vote, first
upon any pending amendments and then upon the main question.
G.
Any Alderperson may demand an aye and nay vote on
any matter, and such vote shall be entered in the proceedings. 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 statute. Except as otherwise
provided, a majority vote of those present shall prevail in other
cases.
H.
A motion to adjourn shall always be in order, and
a motion to adjourn, to lay on the table, and a call for the previous
question shall be decided without debate.
A.
Appointment. Each committee shall consist of three
members. The chairmen of committees shall be designated by the Mayor.
Each member shall serve as appointed unless excused by a majority
of the members of the Council. The following standing committees shall
be appointed by the Mayor without confirmation by the Council at the
first regular meeting in April:
B.
Jurisdiction.
(1)
Finance Committee.
(a)
The Finance Committee shall be responsible for the financial affairs of the City and shall be specifically responsible for those matters set forth in, but not limited to, § 62.12, Wis. Stats., titled "Finance," § 62.25, Wis. Stats., titled "Claims and actions," and those matters contained in Ch. 65, Wis. Stats., titled "Municipal Budget Systems."
(2)
Public Works Committee.
(a)
The Public Works Committee shall be responsible for
the operation of the City Street Department and all public works projects
in which the City is involved and those matters encompassed in § 62.15,
Wis. Stats., titled "Public works."
(b)
In addition, the Committee shall be responsible for
all City property, including but not limited to the acquisition, sale
and condemnation of properties in which the City is an interested
party.
(c)
The Committee shall also supervise the office of the
Director of Public Works. The Committee shall recommend to the Council
the purchase, sale and disposition of property owned by the City or
in which the City desires to acquire an interest. It shall supervise
all public works, make recommendations to the Council in reference
to streets, alleys, sewers and public works and places in repair,
and, further, it shall establish rules and procedures in regard to
lands and property, both real and personal, owned by the City for
the purpose of advising the Council relative thereto. It is the intention
of this subsection to place within the Committee the duty and responsibility
of overseeing and recommending to the Council all matters in which
the City has a property right, real or personal, and for such Committee
to personally involve itself, by way of public hearings, investigatory
procedures and informal conferences, in all matters regarding property
in which the City is directly or indirectly interested. To effect
these purposes, the Committee may make such rules from time to time
as it deems proper and not contravening any other provision of this
Code.
(d)
The Committee shall be directly responsible for the
administration of the Building Code, as provided in Chapter 164,
Building Construction, of this Code.
(e)
The Committee shall be responsible for any matters
dealing with clean air, pollution, smoke, etc.
(3)
Public Safety Committee.
(a)
It shall be the responsibility of the Public Safety
Committee to be directly responsible and make recommendations to the
Council in regard to the operation of the Police and Fire Departments;
however, nothing in this subsection shall be construed so as to usurp
any of the powers of the Police and Fire Commission as set forth in
§ 62.13, Wis. Stats.
(b)
It is the responsibility of the Committee to recommend
regulations concerning all matters in which the City is a licensing
agency, either as a separate entity or as an entity operating in cooperation
with the state.
(c)
The office of the Health Officer shall be directly
responsible to the Public Safety Committee and shall be responsible
for all those provisions of this Code dealing with public health.
[Amended 3-10-2008 by Ord. No. 1006-2008]
(4)
Personnel Committee.
[Amended by Ord. No. 927-2002]
(a)
The Personnel Committee shall be directly responsible
to the Council for all personnel matters, including the authority
vested in municipalities pursuant to Ch. 111, Wis. Stats., titled
"Employment Relations."
(b)
The Committee shall direct and conduct, on behalf
of the City, all proceedings involving the State Employment Relations
Commission relative to elections, certification and decertification
of collective bargaining units, including proceedings for the determination
of the number of employees, type of bargaining unit and eligibility
of employees in the classified services to participate in such elections
and relative to fact-finding proceedings and mediation.
(c)
The Committee shall direct all proceedings before
courts or other governmental agencies involving personnel matters.
(d)
Collective bargaining with certified bargaining units
shall be carried on by the City Treasurer-Comptroller and a Labor
Negotiator appointed by the Council. Department heads shall be involved
upon their request. The agreements reached at the conclusion of such
collective bargaining shall be reduced to writing by the City Clerk
and submitted to the Committee in the form of a proposed ordinance
or resolution. The Committee shall review the proposed agreement and
shall submit the agreement with its recommendations to the Council
for its approval or rejection. Recognized City employee organizations
shall submit their requests to the Council which shall refer these
matters to the Committee. The Committee may then conduct a public
hearing on such request, and all interested persons may appear and
state their views thereon.
[Amended 3-10-2008 by Ord. No. 1006-2008]
(e)
The Committee shall annually review the wages, hours
and conditions of employment of all employees not represented by recognized
City employee organizations and shall submit its recommendations to
the Council each year for the following year.
(f)
As directed by the Council, the Committee shall be
responsible for recommending all future employment with the City to
the Council for approval, except in the area of the Police and Fire
Departments, as set forth under Ch. 62, Wis. Stats., the Director
of Utilities, the EMS Coordinator and the Assistant EMS Coordinator.
(g)
Upon recommendation of the Committee and ratification
by the Council and the City Attorney, the Committee is authorized
to institute legal proceedings to prevent employees from continuing
to engage in practices prohibited by or in violation of Ch. 111, Wis.
Stats., and to enforce any ordinance or resolution by the Council
relative to agreements reached at the conclusion of collective bargaining
procedures.
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.
[Added 9-12-2011 by Ord.
No. 1036-2011]
Committee of the Whole allows the entire Common Council to give
detailed consideration to a matter.
