City of Fond du Lac, WI Chapter 26 City Council

[HISTORY: Adopted by the City Council of the City of Fond du Lac 6-23-1993 by Ord. No. 2679 as Ch. 2 of the 1993 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Code of Ethics — See Ch. 52.

§ 26-1 Form of government. [1]

The government of the City of Fond du Lac shall operate under a City Manager form of government under Chapter 64, Subchapter I, City Manager Plan, of the Wisconsin Statutes, pursuant to the charter ordinance adopted in the referendum of April 2, 1957.[2]

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[2] Editor's Note: See Ch. A800, Charter Ordinances.

§ 26-2 Meetings.

[Amended 5-11-1994 by Ord. No. 2732; 10-26-2005 by Ord. No. 3261; 4-16-2013 by Ord. No. 3516[1]]

A. Regular meetings. The City Council shall hold regular meetings on the second and fourth Wednesday of each month at 6:00 p.m., or as otherwise scheduled after proper legal notice, except that there shall be one meeting held on the second Wednesday of December. Public hearings shall be held at meetings in accordance with notices published by law.

B. Special meetings. Special meetings of the Council may be called by the President of the Council, the City Manager or any two members of the Council and shall be held in the Council chambers.

C. Notice.

(1) All meetings of the City Council, committees, boards and commissions shall be preceded by public notice as provided in § 19.84, Wis. Stats., and, if applicable, § 19.85, Wis. Stats., or as subsequently amended.

(2) In addition to the statutory language contained in § 19.85, Wis. Stats., public notice of a closed session of the City Council shall contain the general topic to be discussed during the meeting.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 26-3 Quorum.

A majority of the membership of the Council shall constitute a quorum for the transaction of business. A lesser number, however, may adjourn any meeting.

§ 26-4 Organization. [1]

At the first meeting on the third Tuesday in April, following a regular City election, the Council shall elect a President and Vice President for the ensuing year [see §§ 64.05 and 64.07(2), Wis. Stats.]. The Vice President shall, in the event of the absence of the President or his inability to act, perform all of the duties of the President.[2]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[2] Editor's Note: Original § 2.04, Resolutions, and § 2.05, Ordinances, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 26-5 Charter ordinances.

[Amended 3-10-2004 by Ord. No. 3198]

A. Notice and hearing. In addition to the requirements contained in § 66.0101, Wis. Stats., the City Council shall not act upon a charter ordinance until the proposed ordinance is published as a Class 1 notice in the official newspaper and public hearing on the matter is held before the City Council.

B. Filing of objection. After the public hearing, the proposed charter ordinance may be adopted at the next subsequent regular Council meeting unless a written objection by a resident of the City of Fond du Lac has been filed with the City Clerk prior to or at the public hearing on the matter. If such an objection is filed, the charter ordinance shall not be acted upon until 60 days after the date of the public hearing.

C. Intent and purpose. All requirements of § 66.0101, Wis. Stats., pertaining to charter ordinances shall remain in effect. It is the intent of this section to supplement, not amend or repeal, the provisions of § 66.0101. If any provisions of this section conflict with any provision of § 66.0101, the statutory provision shall prevail.

D. Exception. The above provisions do not apply to charter ordinances introduced by petition for direct legislation pursuant to § 9.20, Wis. Stats.

§ 26-6 Method of voting.

A. An "aye" and "no" vote shall be made and recorded on the vote of every ordinance, resolution or motion and shall be taken upon any other matter when requested by a Council member. A majority of all the members of the Council shall be necessary to adopt any ordinance or resolution, except where a greater number is required by law.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. If a Council member declines to vote by abstaining, the Clerk shall record his vote as being present.

C. If a Council member declares on the record that, because of disqualifying self-interest or conflict of subject matter interest, he is not voting, the Clerk shall record that the Council member did not vote, along with the reasons therefor.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 26-7 Council procedure.

[Amended 5-26-2010 by Ord. No. 3429; 7-14-2010 by Ord. No. 3431; 4-24-2013 by Ord. No. 3517[1]]

A. Special rules for consent agenda.

(1) The City Manager shall create a consent agenda by placing items that, in the City Manager's discretion, are routine and noncontroversial and do not by state or federal law require a special vote or specific action by the City Council.

(2) Discussion or comment may take place on the consent agenda. Length of discussion shall be at the Council President's discretion but shall not exceed three minutes per Council member.

(3) A single motion, seconded and adopted by a majority vote of all present members of the Council, shall be required to approve, adopt, enact or otherwise favorably resolve all matters listed in the consent agenda.

(4) Any Council member may request removal of any item or part of an item included in the consent agenda. At the time the consent agenda is considered, that item, as requested by the Council member, shall be removed without debate or vote.

(5) If a member of the audience wishes to comment on an item listed on the consent agenda, the Council President will remove such item from the consent agenda for discussion.

(6) If an item or any part of an item has been removed from the consent agenda in accordance with this rule, the Council shall consider that item at the appropriate time during the Council's regular order of business.

(7) The following items shall not be included in the consent agenda:

(a) Council President presentations and proclamations.

(b) Items requiring public hearings.

(c) Annexation and zoning ordinances.

(d) Any item requiring more than a majority vote.

(e) Bonding or borrowing resolutions.

(f) Any other item that requires a special vote by state or federal statute or administrative rule or order.

(8) The Council President shall read by title all items not removed from the consent agenda prior to adoption.

B. Preservation of order. The President shall preserve order during the sessions of the Council and shall decide all points of order, subject to appeal to the Council. In the absence of any rule or provision of law upon any matter of business, the Council shall be governed by Robert's Rules of Order, latest edition.

C. President may speak. The President of the City Council may speak upon any question before the Council.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 26-8 Duties of City Clerk.

The City Clerk shall keep correct minutes of each meeting of the Council, see that all notices and ordinances published are properly verified as required by law and filed in the Clerk's office and perform such other duties as may be required by the Council, not inconsistent or in conflict with state law.[1]

[1] Editor's Note: Original § 2.09, Amendment of rules, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 26-9 Statutory provisions adopted. [1]

Sections 62.11 and 64.07, Wis. Stats., so far as applicable or as subsequently amended, are hereby adopted by reference thereto and shall determine the procedure and activity of the Council.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 26-10 Suspension of rules.

Except where the same would create conflict with the Wisconsin Statutes, these rules or any of them, except § 26-9, may be temporarily suspended at any meeting by a two-thirds vote of all members of the Council. The vote shall be by ayes and noes and shall be so recorded.