[HISTORY: Adopted by the City Council of the City of Fond
du Lac 6-23-1993 by Ord. No. 2679 as §§ 1.30 to 1.42
of the 1993 Code. Amendments noted where applicable.]
The following procedure for appointing boards and commissions
shall govern the appointment of citizen members to any City board
or commission that does not otherwise have a specific procedure authorized
by statute or ordinance:
A.
Board or commission input. The City Manager shall solicit comments
from the board or commission well in advance of a vacancy to help
determine membership qualifications beneficial in attaining its mission.
B.
Public solicitation of applicants. The City Manager shall provide
the news media with the board's or commission's mission, the desired
membership qualifications and the application procedures at least
six to eight weeks in advance of the vacancy, thereby enabling the
media to advertise the impending vacancy and affording potential applicants
ample time in which to apply.
C.
City Manager recommendation. The City Manager shall advance an appointee
recommendation to the City Council, accompanied by the application
forms of all the applicants for the position.
D.
City Council vote. The City Council shall appoint the candidate for
appointment to a board or commission by a majority vote.
A.
Purpose. The Advisory Park Board is hereby created for the purpose
of increasing citizen involvement in the City park system by creating
a citizen board to provide recommendations regarding park planning,
future use of park land and general park policy to the City Council.
[Amended 4-24-2014 by Ord. No. 3544]
B.
Constitution; Board members; appointments; term. The Advisory Park Board shall consist of nine members, seven of whom shall be residents of the City of Fond du Lac and shall not be municipal officials or staff, one of whom shall be the Director of the Parks and Recreation Department of the Fond du Lac School District (or his designee), and one of whom shall be appointed by the City Council from among its members. Members shall be appointed for a three-year term by the City Manager with confirmation by the City Council, and § 14-1 of this chapter shall not apply to appointments, except for § 14-1B, Public solicitation of applicants. All citizen terms shall commence on May 1 of the year appointed. The City Council may, by resolution, appoint not more than three additional ad hoc, limited-term members to address such specific issues as the Council shall determine.
[Amended 6-23-1993 by Ord. No. 2679; 4-27-2011 by Ord. No. 3460; 4-24-2014 by Ord. No. 3544]
C.
Organization, authority, officers, minutes and records. The Board
shall have the authority to establish rules governing its meetings
and to elect a Chairperson. Meetings shall be governed by and subject
to the rules contained in Robert's Rules of Order, Newly Revised.
A Vice Chairperson shall be elected who shall act as Chairperson in
the absence of the appointed Chair. Meetings shall be tape recorded
to provide a record of the Board's proceedings. Meetings of the Board
will be open to the public, and all records shall be kept on file
with the City Clerk and open to inspection by the public at all reasonable
hours. Regular meetings, if necessary, shall be held on the fourth
Monday of each month. An agenda for each meeting shall be prepared
by the City Manager to reflect matters of concern regarding the parks
system as expressed by the City Council or citizens of the City and
shall constitute notice under the Open Meeting Law.[1] Pursuant to the Open Meeting Law, no item shall be discussed
unless noticed in the agenda. Special meetings may be called by the
City Manager.
[1]
Editor's Note: See §§ 19.81 to 19.98, Wis.
Stats.
D.
Duties, purpose and functions of the Board. The Board shall:
[Amended 4-24-2014 by Ord. No. 3544]
(1)
Consider the future plans and goals for the use of the City parks
system and make recommendations to the City Council regarding specific
uses and policies affecting parks that will further these plans and
goals. The Board's recommendations will be forwarded to the City Council,
which shall not be bound by the Board's recommendation.
(2)
Perform such other duties as may be requested from time to time by
the City Council.
(3)
Recommend action involving the parks system to the City Council based
on requests of citizens.
A.
The Board of Police and Fire Commissioners shall consist of five
citizens appointed by the City Manager and confirmed by the City Council.
Three Commissioners shall constitute a quorum.
B.
The powers and duties of the Commissioners shall be as provided in
§ 62.13, Wis. Stats.
C.
The optional powers of § 62.13(6), Wis. Stats., have not
been adopted by the electors of the City and do not apply.
A.
The Board of Review shall consist of five residents of the City,
none of whom shall occupy any public office or be publicly employed,
appointed by the City Manager, with approval of the Council, for five-year
terms or until their successors are appointed and qualified.
B.
Meetings, powers and duties of the Board of Review shall be governed
by §§ 70.46 through 70.48, Wis. Stats.
Pursuant to § 43.54, Wis. Stats., the City public
library shall be administered by a Library Board composed of nine
members: one Council member, an administrator for the School District
or his representative and seven citizen members appointed by the City
Manager with the approval of the City Council. Members shall be residents
of the City, except that not more than two members may be residents
of towns adjacent to the City and shall be exempt from the residency
requirements of this Code of Ordinances. Up to two additional members
may be appointed to the Library Board by Fond du Lac County pursuant
to § 43.60(3), Wis. Stats.
A.
The Board of Appeals shall consist of five members appointed by the
City Manager, with the approval of the Council, for terms of three
years and without compensation. The City Manager shall designate one
of the members as Chairperson. Terms of not more than two members
shall expire in any one calendar year. The City Manager shall appoint,
for staggered terms of three years, four alternate members of the
Board. Annually the City Manager shall designate the alternates as
first alternate, second alternate, third alternate, and fourth alternate.
The first alternate shall act with full power only when a member of
the Board refuses to vote because of interest or when a member is
absent. The remaining alternates shall so act only when a preceding
alternate so refuses or is absent or when more than one member of
the Board so refuses or is absent.
[Amended 11-12-1997 by Ord. No. 2913[1]]
[Amended 4-26-2000 by Ord. No. 3006; 1-14-2009 by Ord. No. 3389]
A.
The City Plan Commission shall have seven members and two alternate
members, pursuant to § 62.23(1), Wis. Stats. The membership
shall consist of one Council member elected by a majority vote of
the City Council, and six citizen members appointed by the City Manager
and confirmed by the City Council.
[Amended 1-11-2012 by Ord. No. 3484; 1-27-2021 by Ord. No. 3730]
B.
The City Plan Commission each April shall choose a presiding officer
from among its members.
C.
The City Plan Commission shall adopt rules for the holding and conducting
of its meetings. Regular meetings shall be held on the first Monday
after the second Wednesday of each month, except in December when
the regular meeting shall be held on the first Monday after the first
Wednesday.
A.
Purpose. In order to assist the City Council by recommending needs
related to parking and traffic within the City, an advisory body to
be known as the "Advisory Parking and Traffic Board" is created. The
Board shall further be charged with implementing traffic and transportation
planning consistent with the City's transportation development plan
and the transportation component of the City's Comprehensive Plan.
B.
Membership. The Board shall be composed of seven members; six shall be appointed by the City Council from the City at large and one member shall be appointed by the City Council at the annual organizational meeting. The City Manager may designate appropriate City staff members to provide necessary resources and technical support for the Board. Citizen members shall be appointed for a term of three years and the Council member for one year. Vacancies on the Board shall be filled by the City Manager in conformance with § 14-1 of this chapter.
C.
Officers. Annually during the month of April the Board shall elect
from its membership a Chairperson and Vice Chairperson. The Chairperson
shall preside over the Board at its meetings and shall have the right
to vote. The Vice Chairperson shall, in case of absence of the Chairperson,
perform the duties of the Chairperson. A majority of the Board membership
shall constitute a quorum for the transaction of business. All meetings
of the Board shall be open to the public, and any person shall be
entitled to appear and be heard on a matter before the Board announces
its decision on that matter.
D.
Rules. The Board shall adopt such rules and regulations as are necessary
to carry out its purposes.
A.
Membership. The Board shall be composed of seven elected officials
of the City and county as follows: the County Board Chairman, Chairman
of the County Buildings and Supplies Committee and Chairman of the
County Finance Committee; three members appointed by the City Council;
and one member appointed by the other members. Members shall serve
three-year staggered terms. If a member of the Board ceases to hold
his City or county office, his membership on the Board also terminates.
Vacancies shall be filled for an unexpired term in the manner in which
the original appointment was made. Appointees shall serve until their
successors are appointed and qualified. Appointments shall commence
on the first day of May of the year of appointment.
B.
Compensation. Members shall receive such compensation as is established
by ordinance adopted by their parent legislative body. County members
shall be compensated by the county on the same mileage and per diem
as is paid to County Supervisors for committee meetings.
C.
Powers.
(1)
Government Center. The Board shall have power to enact, amend and
repeal rules and regulations not inconsistent with law for the governing,
managing, operating and maintenance of the City-County Government
Building and grounds. The intent of this subsection is to delegate
all powers relating to governing, managing, operating and maintaining
the building and grounds as are legally delegable. Anything not included
in original construction costs for equipment and supplies, window
shades, shelving, painting and decorating in any room or department
of the Government Center which have been previously allocated or which
may hereafter be allocated to any department of either the City or
county must be paid by that department or unit of government and receive
prior approval from the Board, although payment of these expenses
is not an obligation of the Board. This Board is responsible for the
distribution of keys to the Government Center. This Board sets the
policy pertaining to vending machines and food service which are to
be bid at least every two years.
(2)
Safety Building. This Board shall have power to enact, amend and
repeal rules and regulations not inconsistent with law for the governing,
managing, operating and maintaining of the City-County Safety Building.
The intent of this subsection is to delegate all powers relating to
governing, managing, operating and maintenance of the building as
are legally delegable. All expenses for office equipment and supplies,
window shades, shelving, painting and decorating in any room or department
of the Safety Building which have been previously allocated or which
may hereafter be allocated shall be paid for by the department or
unit of government and shall not be an obligation of this Board. Nothing
herein shall be construed so as to affect the powers and duties of
the Sheriff or the Chief of Police as provided for by law. The Sheriff
shall be reimbursed by the unit of government responsible for incarceration
of prisoners for meals served at the rate set by the County Board.
D.
Budget. The Board shall annually, prior to the time of the presentation
of either the county or City budget under § 65.90, Wis.
Stats., prepare a budget of its anticipated receipts and expenditures
for the ensuing fiscal year and determine the proportionate cost to
the county and the City. A certified copy of the budget, which shall
include a statement of the net amount required from the county and
the City, shall be delivered to their respective clerks. The County
Board and the City Council shall consider such budget and determine
the amount to be raised by the respective municipalities in the proportions
as calculated by the physical allocation of space utilized by each
governing body.
E.
Effect of adoption. Upon adoption of this joint ordinance and appointment
of the members of the Board, all prior agreements shall terminate
and duties and functions of previous committees shall vest in the
City-County Buildings Board.
[Added 6-10-2020 by Ord. No. 3715[1]]
A.
Legislative purpose. The City of Fond du Lac elects not to be governed
by any of the provisions of Wis. Stats. Ch. 68. This election is made
pursuant to the provisions of Wis. Stats. § 68.16. The purpose
of this section is to afford a constitutionally sufficient, fair and
orderly administrative procedure and review in connection with determinations
by City authorities which involve constitutionally protected rights
of specific persons which are entitled to due process protection under
the 14th Amendment to the U.S. Constitution, and for which appeal
procedures are not already created by other ordinances or statute.
There is no intention to create any new or additional rights to administrative
review beyond those already guaranteed by the Constitution.
B.
Review of administrative determinations. A person aggrieved shall be defined as any person having a substantial interest which is adversely affected by an administrative determination of any official, agent, or employee acting on behalf of the City, as set forth in Subsection C. A person aggrieved by such determination may have it reviewed by following the procedure set forth in Subsection F.
C.
Determinations reviewable. Except as limited by Subsection D, the following determinations are reviewable under this section:
(1)
The grant or denial in whole or in part after application of an initial permit, license, right, privilege, or authority except a license or permit issuable under Chapter 400, Intoxicating Liquors and Fermented Malt Beverages, or an adult entertainment license.
(2)
The suspension, revocation or nonrenewal of an existing permit, license, right, privilege, or authority except a license or permit issuable under Chapter 400, Intoxicating Liquors and Fermented Malt Beverages.
(3)
The denial of a grant of money or other thing of substantial value
under a statute or ordinance prescribing conditions of eligibility
for such grant.
(4)
The imposition of a penalty or sanction upon any person except a
City employee or officer, other than by a court.
D.
Determinations not subject to review. The following determinations
are not reviewable under this section:
(1)
Any action which is subject to review procedures provided by any
other ordinance, resolution, statute, or rule.
(2)
A legislative enactment. A legislative enactment is an ordinance
or resolution adopted by the City Council.
(3)
Denial of a claim.
(4)
Suspension, removal, demotion, or discipline, or nonrenewal of a
contract of a City employee or officer.
(5)
The grant, denial, suspension or revocation of a fermented malt beverage or intoxicating liquor license or other license or permit issuable under Chapter 400 of the Code.
(6)
Determinations made or actions taken during labor negotiations.
(7)
Decisions made by the City pursuant to its contracting, budgeting,
or employment authority.
(8)
The grant, denial, renewal, nonrenewal, revocation or suspension
of an adult entertainment license.
(9)
Notwithstanding any other provision of this section, any action or
determination which does not affect the constitutionally protected
right of a specific person or persons to due process of law in connection
with the action or determination.
(10)
Any action of a City governmental body, including boards, commissions
or committees, for which a method of direct review by the circuit
court is provided by ordinance. Such method of review may adopt the
procedures of Wis. Stats. § 68.13 by reference.
E.
Administrative Appeals Board. The Administrative Appeals Board (AAB)
will consist of the City Manager, one City Departmental Director,
and one citizen, who shall be a resident of the City and shall not
be an elected official or City employee or currently serving on any
other City board or commission. There shall be two alternates (one
citizen, one director) appointed to the Administrative Appeals Board.
The alternate member may act with full power and authority when any
other member is absent, has a conflict or refuses to act. Terms of
office shall be three years. The City Manager shall serve as chairperson
of the Board. The AAB will adopt rules of procedure when it acts as
the AAB.
F.
Procedure for review.
(1)
Written determination. Any person aggrieved, as defined in Subsection F(2), may request a written statement of reasons for a determination subject to the provisions of this section. Such request shall be in writing, and shall be filed within 30 days after the person receives notice of the determination. The request shall be filed with the City Clerk and the Clerk shall immediately forward it to the authority responsible by law for the decision. The requested written statement shall be approved by the responsible authority or officer, shall be dated, and shall be provided to the requester within 30 days. It shall also inform the requester of procedures to be followed in seeking review. The responsible authority or officer shall consider any revised application, or supplemental facts or argument supplied to him/her in writing, but is not required to provide an interview or hearing, although he/she is permitted to do so. Unless otherwise provided, the determination shall be in effect during the appeal process, if appeal is taken.
(2)
Appeal from determination.
(a)
Notice of appeal. The written determination may be appealed
to the Administrative Appeals Board, if the person aggrieved files
a written notice of appeal within 30 days after he/she receives the
determination. Such notice shall be filed with the City Clerk. The
Board shall hold a hearing within 30 days after the notice is filed
with the Clerk. The appellant shall be notified at least 10 days before
the hearing.
(b)
Hearing. At the hearing, the appellant and the responsible City
official or authority may be represented by counsel, may present evidence,
and may call and examine witnesses and cross-examine witnesses of
the other party. The City Manager will act as the chair of the AAB
or may appoint another AAB member to act as Chair and shall conduct
the hearing, administer oaths to witnesses, and may issue subpoenas.
The rules of evidence provided in Wis. Stats. § 227.45 for
administrative proceedings shall be followed. City Clerk staff will
receive and mark all exhibits, and the staff will record all of the
proceedings on tape. If either of the parties requests a stenographic
recording, the staff shall make the necessary arrangements but the
expense shall be borne by the requesting party.
(c)
Decision. Within 30 days of the completion of the hearing and
the filing of briefs, if any, the Board will issue a written decision
stating the reasons therefor. The Board shall have power to affirm
or reverse the written determination, or to remand it to the agency
or authority with instructions for reconsideration. Such orders shall
be consistent with applicable law, and, except for remands, shall
be final determinations for the purpose of judicial review.
G.
Judicial review.
(1)
Any party to a proceeding resulting in a final determination hereunder
may seek review thereof by certiorari within 30 days of receipt of
the final determination. The court may affirm or reverse the final
determination, or remand to the decision maker for further proceedings
consistent with the court's decision.
(2)
If review is sought of a final determination, the record of the proceedings
shall be transcribed at the expense of the person seeking review.
A transcript shall be supplied to anyone requesting the same at the
requester's expense. By stipulation, the court may order a synopsis
of the proceedings in lieu of a transcript. The court may otherwise
limit the requirement of a transcript.
[1]
Editor’s Note: Former § 14-10, Senior Citizens
Advisory Committee, was repealed 11-22-2016 by Ord. No. 3623.
[Added 2-22-2012 by Ord.
No. 3489]
A.
Purpose.
The Downtown Architectural Review Board is created for the purpose
of fostering a strong, viable downtown as a commercial, civic, residential
and cultural center.
B.
Membership.
The Downtown Architectural Review Board shall consist of five members
and two alternates appointed by the City Manager, with the approval
of the City Council, for terms of three years. The membership may
include up to two members who are property owners or representatives
of owners within the regulated area; such members may be nonresidents
of the City.
(1)
The
first alternate shall act with full power when a member of the Board
refuses to vote because of interest or when a member is absent. The
second alternate shall act only when the first alternate refuses or
is absent or when more than one member of the Board refuses or is
absent.
(2)
The
initial seven members shall have terms as follows: two members for
one year, three members for two years and two members for three years.
C.
Organization;
authority; officers; minutes and records. Annually during the month
of May, the Board shall elect from its membership a Chairperson, Vice
Chairperson and Secretary. A majority of the Board membership shall
constitute a quorum for the transaction of business. Meetings of the
Board shall be open to the public, and all records shall be kept on
file with the City Clerk and open to inspection by the public at all
reasonable hours.
A.
[1]Where the City Manager or Council President has appointed
members of boards, commissions or committees in utilizing the authority
provided by Ch. 64, Wis. Stats., such board, commission or committee
members shall be limited in terms of office to serve for a period
of three terms and a maximum period of 15 years. Whenever the boards,
commissions or committees do not provide within their own rules for
vacation of office after three unexcused absences from meetings per
year, the City Manager shall cause a member's term of office to be
vacated and shall appoint another to his stead.
[Amended 4-24-2014 by Ord. No. 3544]
B.
A. Unless permitted by statute or another provision of this Code
of Ordinances, persons who are residents of the City or own property
in the City or work in a full-time, permanent job in the City shall
be preferred for appointment or selection to serve on any board, commission
or committee of the City. An appointed member of any board, commission
or committee who removes his residence from the City or sells his
property in the City or stops working in the City shall be eligible
to serve the remainder of his term but thereafter shall be ineligible
for appointment. This language shall not require the removal of any
person presently serving on any board, commission or committee on
or before the effective date of this section but will apply to appointments
or selections after that date.
[Amended 11-22-2016 by Ord. No. 3623]
