City of Marion, WI
Shawano, Waupaca County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Marion 7-22-1993 as Sec. 2-1-1 and Title 2, Ch. 2, of the 1993 Code. Amendments noted where applicable.]

§ 135-1 City government.

A. 
Mayor-Council government. The City of Marion is a body corporate and politic with the powers of a municipality at common law and governed by the provisions of Chs. 62 and 66, Wis. Stats., laws amending those chapters, other acts of the Legislature and the Constitution of the State of Wisconsin. The City of Marion operates under the Mayor-Council form of government under Ch. 62, Wis. Stats.
B. 
Division of responsibilities.
(1) 
Legislative branch. The Common Council is the legislative branch of City government. The primary business is the passage of laws in the form of ordinances or resolutions which shall prescribe what the law shall be, not only in relation to the particular facts existing at the time but as to all future cases arising under it. The Common Council shall establish the salaries of all officers and employees of the City and be charged with the official management of the City's financial affairs, its budget, its revenues and the raising of funds necessary for the operation of the City.
(2) 
Executive branch. The Mayor shall be the chief executive officer. He shall take care that all City ordinances and state laws are observed and enforced and that all City officers, boards, committees and commissions discharge their duties. When present, he shall preside at the meetings of the Common Council. He shall from time to time give the Council such information and recommend such measures as he may deem advantageous to the City.

§ 135-2 Common Council.

The Alderpersons of the City of Marion 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.

§ 135-3 Alderpersons.

The City of Marion shall have six Alderpersons in addition to the Mayor, who is a member of the Common Council by virtue of his office as Mayor. The Mayor and Alderpersons shall constitute the Common Council. Three Alderpersons shall be elected each year for a term of two years. Alderpersons shall be divided into two classes, one class of Alderpersons to be elected in the odd years and one class to be elected in the even years. The three candidates for Alderperson receiving the highest number of votes shall be elected to office for a two-year term.

§ 135-4 Mayor.

A. 
Election. The Mayor shall be elected in even-numbered years for a term of two years.
B. 
Duties.
(1) 
The Mayor shall be the chief executive officer of the City. He shall take care that City ordinances and the state statutes are observed and enforced.
(2) 
The Mayor shall, from time to time, provide the Council such information and recommend such measures as he may deem advantageous to the City. When present, he shall preside at the meetings of the Council.
(3) 
The Mayor shall have such other duties and responsibilities as are prescribed in the Wisconsin Statutes.
C. 
Veto power. He 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. All such acts shall be submitted to him by the City Clerk-Treasurer and shall be enforced upon his approval, evidenced by his signature, or upon his failing to approve or disapprove within five days, which fact shall be certified thereon by the City Clerk-Treasurer. If the Mayor disapproves, he shall file his objection with the City Clerk-Treasurer, who shall present it to the Council at its next regular meeting. A two-thirds vote of all the members of the Council shall be necessary to make the act effective, notwithstanding the objection of the Mayor.
D. 
Mayoral appointments.
(1) 
Wherever in this Code the Mayor is required to appoint citizens to committees, commissions and/or boards, the Mayor shall give written notice by executive letter to the Common Council at least seven days prior to the Council meeting at which such appointment shall be made. In the event that the Common Council rejects a Mayor's appointment, the same name may not be submitted for the same job for a period of 12 months after the refusal of such appointment.
(2) 
In the event that a vacancy occurs in any committee, board or commission requiring the appointment of a citizen member and the Mayor does not nominate a successor thereof for a period of 60 days after the vacancy occurs, the Common Council may then nominate an appointee to such position, subject to the approval of the Mayor.
(3) 
In the event that the Council, by parliamentary practice, tables an appointment by the Mayor, such tabling action shall be effective for that meeting, but at the next regular meeting of the Common Council such appointment shall be on the meeting agenda for further consideration, and the particular appointment involved may not be tabled a second time.

§ 135-5 Council President.

The Common Council at its first meeting subsequent to the regular election and qualification of new members shall, after organization, annually 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-Treasurer. He shall, when so officiating, be styled "Acting Mayor." The President of the Council shall be elected for a one-year term of office.

§ 135-6 Standing committees; action on committee reports.

A. 
Standing committees. At the organizational meeting of the Common Council in each year following the annual election, the Mayor shall appoint three Councilors to each of the following committees, subject to Council confirmation, which shall have such duties and responsibilities as prescribed by the Mayor and this Code and shall make whatever recommendations to the Council as they deem appropriate or as may be directed by the Council:
[Amended 3-14-2005 by Ord. No. 2005-02]
(1) 
Personnel Committee.
(a) 
Grievances.
(b) 
New employment.
(c) 
Discipline.
(d) 
Wage negotiations.
(2) 
Public Protection Committee.
(a) 
Senior citizens.
(b) 
Fire.
(c) 
Police.
(d) 
Ambulance.
(e) 
First responders.
(f) 
Building Inspector.
(3) 
Community Properties Committee.
(a) 
Parks and beautification.
(b) 
Land and buildings.
(c) 
Celebrations.
(d) 
Summer recreation.
(4) 
Finance Committee.
(a) 
Ordinances.
(b) 
Licenses.
(c) 
Insurance.
(d) 
Budget.
(5) 
Water and Sewer Committee.
(a) 
Water Department.
(b) 
Sewer Department.
(6) 
Streets and Highways Committee.
(a) 
Roads.
(b) 
Sidewalks.
(c) 
Streetlights.
(d) 
Street signs.
(e) 
Decorations.
(f) 
Cable television.
(g) 
Equipment.
(h) 
Sanitation.
B. 
Committee appointments.
(1) 
Committee appointments shall be made pursuant to § 135-4D. The Chairperson of each committee shall be designated by the Mayor. Each member shall serve as appointed unless excused by a majority of the members of the Council. All Alderpersons 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 Chairperson of the same.
(3) 
The Mayor may, from time to time, appoint such special committee or committees as he may deem 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. 
Reference and reports.
(1) 
The Mayor shall refer new business coming before the Common Council to the appropriate committee, unless otherwise referred or disposed of by motion of the Council.
(2) 
The chairperson of the committee shall report verbally to the Council at the meeting at which the report of the committee is to be made. Adoption of the committee report shall comprise final Council action on any ordinance, resolution or other matter recommended for adoption by the committee report.
(3) 
Formal committee recommendations will be placed on the agenda for Council action only if they are submitted to the City Clerk-Treasurer in written form by 12:00 noon of the day prior to the meeting at which action is requested.
D. 
Cooperation of City officers. All City officers shall, upon request of the chairperson of the committee, confer with the committee and supply to it such information as may be requested in connection with any matter pending before the committee.

§ 135-7 Council powers.

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, 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 City-owned property, except dedicated, platted parks.
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.
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.
F. 
Vacancies. Pursuant to § 62.09(5), Wis. Stats., if any officer is incapacitated or absent for any cause, the Common Council may appoint some person to discharge his duties until he returns or such disability has ended.

§ 135-8 Cooperation with other municipalities.

The Common Council, on behalf of the City, may join with other villages, towns, or cities or other governmental entities 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 and joint purchasing programs.

§ 135-9 Order at meetings; qualification of members.

The Common Council has the power to preserve order at its meetings, compel attendance of Alderpersons and punish nonattendance. The Common Council shall be judge of the election and qualification of its members.

§ 135-10 Salaries and compensation. [1]

The Mayor and Alderpersons who make up the Common Council, whether operating under general or special law, may, by three-fourths vote of all the members of the Common Council, determine that an annual salary or per diem compensation be paid the Mayor and Alderpersons.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 135-11 Annual and regular meetings.

[Amended 12-10-2012 by Ord. No. 2012-001; 4-14-2014 by Ord. No. 2014-002]
A. 
Annual organizational meeting. Following a regular City election, the Common Council shall meet on the third Tuesday of April for the purpose of organization.
B. 
Regular meetings. Regular meetings of the Common Council shall be held on the second Monday of each calendar month at the hour of 6:00 p.m. or as otherwise scheduled by the Council. All meetings of the Council shall be held in the Marion City Hall, including special and adjourned meetings, unless another location is designated by the Common Council at a previous meeting.

§ 135-12 Special meetings.

A. 
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 City 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. Special meetings shall comply with the notice provisions of the Wisconsin Open Meeting Law.[1] In addition, a special meeting may be called by a written request signed by two Alderpersons, which written notice for said special meeting shall be delivered to every member of the Council and the Mayor personally or left at their abode at least six hours before said meeting being called. 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 the Wisconsin Open Meeting Law are complied with. If written consent is obtained, it shall be filed with the City Clerk-Treasurer prior to the beginning of the meeting.
[Amended 12-10-2012 by Ord. No. 2012-001]
[1]
Editor's Note: See §§ 19.81 to 19.98, Wis. Stats.
B. 
Nongovernmental parties requesting a special meeting of the Council shall pay a fee equivalent to the Council's actual expenses for such meeting.

§ 135-13 Open meetings.

Except as provided in § 19.85, Wis. Stats., all meetings of the Common Council, committees thereof, and City boards, committees and commissions shall be open to the public.

§ 135-14 Quorum.

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 the computing a quorum. No action shall be taken unless a quorum is present.
B. 
The Council may, by a majority vote of those present, adjourn from time to time to a specific date and hour.

§ 135-15 Presiding officer.

A. 
Mayor or Council President to preside. The Mayor shall preside over all meetings of the Common Council. In the absence of the Mayor, the President of the Council shall preside.
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 (Revised), unless otherwise provided by statute or by this chapter. 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 City Clerk-Treasurer, the presiding officer shall appoint a Clerk Pro Tem.

§ 135-16 Order of business.

A. 
Agenda. At all regular meetings, the order of business shall be according to the tentative agenda prepared by the City Clerk-Treasurer. All matters to be considered at a regular or special Council meeting shall be submitted to the City Clerk-Treasurer at least by 12:00 noon of the day prior to the meeting. All copies of the agenda shall be forwarded by the City Clerk-Treasurer to the representatives of the press, radio and television as part of his notice of such public meeting and to members of the Council. The following order may be observed in the conduct of all meetings of the Council:
(1) 
Call to order by presiding officer.
(2) 
Roll call.
(3) 
Reading, correction and approval of the minutes of the last preceding meeting or meetings.
(4) 
Action on claims and bills.
(5) 
Communications and miscellaneous work.
(6) 
Reports from Mayor and City officers.
(7) 
Reports of standing committees.
(8) 
Unfinished business remaining from preceding sessions in the order in which it was introduced.
(9) 
New business, including introduction of ordinances.
(10) 
Adjournment.
B. 
Order to be followed. No business shall be taken up out of order unless by unanimous consent of all Alderpersons and in the absence of any debate whatsoever.
C. 
Citizen comments. The Mayor or presiding officer shall determine at what point in a meeting citizens will be called upon to speak and may impose a limit on the length of time a citizen may address the Council. A written form shall be provided by the City Clerk-Treasurer on which the citizen may register to speak at a Council meeting. The subject to be addressed and/or agenda item shall be indicated.

§ 135-17 Introduction of ordinances.

A. 
Ordinances to be in writing. All ordinances submitted to the Council shall be in writing and shall begin with a title and the name of the Alderperson or Mayor introducing the same. All ordinances shall be drafted by the City Attorney at the request of the Mayor or any member of the Council, and upon passage by the Council the City Clerk-Treasurer shall superintend the printing of the same. Any written material introduced may be referred to the appropriate committee pursuant to § 135-6. Any member of the Council may require the reading in full of any ordinance or resolution at any time it is before the Council.
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.
C. 
Notice.
(1) 
The Common Council may take action on an ordinance only if it appears on the written agenda for the meeting at which action is requested.
(2) 
Ordinances will be placed on the agenda for Council action only if they are submitted to the City Clerk-Treasurer in written form not later than 12:00 noon on the day prior to the regular or special Council meeting at which action is requested.

§ 135-18 Publication and effect of ordinances.

A. 
All general ordinances of the City and all regulations imposing any penalty shall be published either in their entirety or as a notice as provided in § 62.11(4), Wis. Stats., 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.

§ 135-19 Conduct of deliberations.

A. 
Roll call. When the presiding officer shall have called the members to order, the City Clerk-Treasurer shall proceed to call the roll in alphabetical order, noting who is present and who is absent. If, after having gone through the call, it shall appear that a quorum is not present, the fact shall be entered in the minutes, and the members present may adjourn to a later date in the month. If they do not, the Council shall stand adjourned to the time appointed for the next regular meeting unless a special meeting is called sooner as provided by the Wisconsin Statutes or §§ 135-12 and 135-13.
B. 
Meeting attendance. All members of the Common Council shall attend all Council meetings, meetings of committees to which members have been appointed, and special or adjourned meetings when duly notified thereof. A member who does not appear in answer to his name when the roll is called at any regular meeting or any special or adjourned meeting when notified thereof shall be marked absent. Any member seeking to be excused from attending any regular or special meeting must notify the Mayor or City Clerk-Treasurer in advance of such meeting, explaining the reason for his absence, and upon complying with this requirement such members shall be duly excused from attending said meeting.
C. 
Absence of designated presiding officers. In the case of the absence of the Mayor and the President of the Council, the Council at any regular or special meeting shall proceed to elect one of its members to preside at a meeting, which election shall be by open ballot and shall require a majority of the total votes cast by the members in attendance.
D. 
Roll call vote procedure. The ayes and nays shall be ordered upon any question at the request of any member of the Council or the Mayor, and the City Clerk-Treasurer shall call the roll starting with the Alderperson whose last name appears first on the list of the Alderpersons' names alphabetically arranged, and, on the next call of the roll, at the same or any subsequent meeting, the Clerk-Treasurer shall start with the Alderperson whose name appears next on said alphabetical list, and each subsequent call of roll shall begin with the name of the Alderperson next on said alphabetical list of Alderpersons; such order of roll call shall be followed until the list of Alderpersons has been completed. Each time the list has been completed, the City Clerk-Treasurer shall again start on top of the list and proceed on down through the list.
E. 
Reconsideration. When a motion has been decided, it shall be in order for any member who voted in the majority to move a reconsideration thereof at the same or next succeeding meeting, and the Mayor shall call for a roll call of the Alderpersons. If a majority of the members present shall be in favor of a reconsideration, the subject shall be before the Council for further action. A motion to reconsider being put and lost shall not be renewed.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Precedence of motions. When a question is under discussion, the following motions shall have precedence in the order listed:
(1) 
To adjourn.
(2) 
To recess.
(3) 
To lay on the table.
(4) 
To postpone to a day certain.
(5) 
To refer to a committee.
(6) 
To amend.
(7) 
To postpone indefinitely.
G. 
Rules of parliamentary procedure. The rules of parliamentary practice in Robert's Rules of Order (Revised), which is hereby incorporated by reference, shall govern the proceedings of the Council in all cases to which they are applicable and in which they are not inconsistent with these rules or with the laws of the State of Wisconsin.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Original Sec. 2-2-18(h), Reconsideration of questions, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See Subsection E, Reconsideration, of this section.
H. 
Call for the previous question. Any member desirous of terminating the debate may call the previous question, when the question announced by the Mayor shall be "call the main question." If a majority of the members present vote in the affirmative, the main question shall be put to a vote without further debate, and its effect shall be to put an end to all debate and bring the Council to a direct vote, first upon the pending amendment and then upon the main question.
I. 
Amendment of rules. The rules of this section 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.
J. 
Suspension of rules. Any of the provisions of this section may be suspended temporarily by a recorded vote of 2/3 of the Council members present at any meeting.