[HISTORY: Adopted by the Common Council of the City of Glenwood
City 12-1-2003 by Ord. No. 2003-02 as § 2-1-1 and Title 2, Ch. 2, of the 2003 Code.
Amendments noted where applicable.]
A.
Mayor-Council government. The City of Glenwood City is a body corporate
and politic with the powers of a municipality at common law and governed
by the provisions of Chapters 62 and 66 of the Wisconsin Statutes,
laws amending those chapters, other acts of the Legislature and the
Constitution of the State of Wisconsin. The City of Glenwood City
operates under the Mayor-Council form of government under Chapter
62 of the Wisconsin Statutes.
B.
Division of responsibilities.
(1)
Legislative branch. The Common Council is the legislative branch
of City government. Its 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.
The Aldermen of the City of Glenwood City 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.
The City of Glenwood City shall have six Aldermen. Three Aldermen
shall be elected each year for a term of two years. Aldermen shall
be divided into two classes, one class of Aldermen to be elected in
the odd years and one class to be elected in the even years. Each
Alderman shall be divided equally to serve on standing committees.
[1]
Editor's Note: This section derives from a charter ordinance
adopted 5-3-1982.
A.
Election. The Mayor shall be elected in even-numbered years for a
term of two years.
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 of Ordinances the Mayor is required to appoint
citizens to committees, commissions and/or boards, the Mayor shall
give such appointments to the full Council for ratification at a legally
noticed meeting. In the event 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]
(2)
In the event 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 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.
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 appointed for
a one-year term of office.
A.
Standing committees. At the organizational meeting of the Common
Council in each year following the annual election, the Mayor shall
appoint three Aldermen to each of the following committees, subject
to Council confirmation. Each Alderman shall chair one committee and
have such duties and responsibilities as prescribed by the Mayor and
this Code of Ordinances. Committees shall bring recommendations to
the Council as they deem appropriate, or as may be directed by the
Council.
C.
Committee appointments.
(1)
Committee appointments shall be made pursuant to § 86-4D. 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 Aldermen shall serve on at least one standing committee. The Mayor shall be an ex officio member of each standing committee. The Mayor may also serve as a full member of any 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.
D.
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.
E.
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.
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
water 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.[1]
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
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 of Ordinances 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 Mayor shall
submit a recommendation to the Council for full ratification of a
person to discharge his duties until he returns or such disability
has ended.
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.
The Mayor, with the advice of the Common Council, has the power
to preserve order at its meetings and shall be the judge of the election
and qualification of its members.
The Mayor and Aldermen who make up the Common Council, whether
operating under general or special law, may, by majority vote of all
members of the Common Council, determine that an annual salary or
per diem compensation be paid the Mayor and Aldermen.
[Amended 7-1-2013 by Ord.
No. 2013-01[1]]
A.
Annual organization 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 third Monday of each calendar month, at the hour of 7:00
p.m., or as otherwise scheduled by the Council. All meetings of the
Council shall be held in the Glenwood City Municipal Building, including
special and adjourned meetings, unless another location is designated
by the Common Council.
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 Aldermen, 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. If written consent is obtained, it shall
be filed with the City Clerk-Treasurer prior to the beginning of the
meeting.
[1]
Editor's Note: See §§ 19.81 to 19.98, Wis.
Stats.
B.
Nongovernmental parties requesting a special meeting of the Council
shall pay fee equivalent to the Council's actual expense for
such meeting.
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.
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 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.
A.
Presiding officer. 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.
A.
Order of business. 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)
Pledge of allegiance.
(4)
Approval of agenda.
(6)
Action on claims and bills.
(7)
Public comments.
(8)
Reports from Mayor and City officers.
(9)
Reports of standing committees.
(10)
Unfinished business remaining from preceding session in the
order in which it was introduced.
(11)
New business, including introduction of ordinances.
(12)
Set up committee meetings.
(13)
Adjournment.
B.
Order to be followed. No business shall be taken up out of order
unless by unanimous consent of all Aldermen and in the absence of
any debate whatsoever.
C.
Public 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.
A.
Drafting; printing. 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 § 86-6. Any member of the Council may require the reading in full of any ordinance or resolution at any time it is before the Council.[1]
B.
Subject; amendment or repeal 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.
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
newspaper 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]
B.
All ordinances shall take effect and be in form from and after passage
and publication, unless otherwise provided, and published copies thereof
shall have appended the date of the first publication.
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 §§ 86-12 and 86-14.
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 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.
Addressing Council. No member may speak more than 10 minutes without first obtaining leave of the presiding officer, and no person not a member of the Council shall be permitted to address the Council, except on leave especially granted by the presiding officer pursuant to § 86-16C.
E.
Necessity of roll call vote. A roll call shall be necessary on all
questions or motions regarding any financial decisions.
F.
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
Alderman whose last name appears first on the list of the Aldermen's
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 Alderman whose name appears next on said alphabetical list,
and each subsequent call of the roll shall begin with the name of
the Alderman next on said alphabetical list of Aldermen; such order
of roll call shall be followed until the list of Aldermen 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.
G.
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 Aldermen. If a majority of the members
present shall be in favor of a reconsideration, the subject shall
be before the Council for further action.
H.
Precedence of motions. When a question is under discussion, the following
motions shall have precedence in the order listed:
I.
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.[1]
J.
Reconsideration of questions. It shall be in order for any member,
if in the majority, to move for the reconsideration of any vote in
question at the same meeting or at the next succeeding regular adjourned
meeting. A motion to reconsider being put and lost shall not be renewed.
K.
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.
L.
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.
M.
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.
