[HISTORY: Adopted by the Common Council of the City of Monona as Title 2, Ch. 2, of the 1994 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Boards, commission and committees — See Ch. 18.
City government — See Ch. 36.
Elections — See Ch. 47.
A. 
Election. The Mayor shall be elected every two years, and his or her term of office shall commence on the third Tuesday of April in the year of election and continue for two years or until his or her successor is elected and qualifies.
B. 
Duties. The Mayor shall by virtue of the office be a member of the Council and shall preside at all meetings of the Council and sign all ordinances, rules, bylaws, regulations, commissions, licenses and permits adopted or authorized by the Council and all orders drawn on the treasury except as prescribed by law.
C. 
Veto power. The Mayor shall have veto power over the acts of the Council as provided by § 62.09(8)(c), Wis. Stats.
D. 
Emergency powers. The Mayor shall have such emergency powers as set forth in § 94-3E of the Code of the City of Monona.
E. 
Defense of City officials.
(1) 
The Mayor may authorize the City Attorney to defend any actions brought against any officer or employee of the City of Monona or of any of its boards or commissions, under the following conditions:
(a) 
The action arises from an act or acts done in the course of employment or out of any alleged breach of duty of the officer or employee; and
(b) 
The action was not brought to determine the right of the officer or employee to hold or retain that person's office or position; and
(c) 
The action was not brought by the City against the officer or employee.
(2) 
Any such authorized defense shall be conditioned upon the cooperation of the officer or employee with the City Attorney in the defense of the action. The Mayor shall promptly report the granting of any such authorization to the Common Council.
A. 
Composition. The Common Council of the City of Monona shall consist of six elected Council members whose term of office shall be two years, three of whom shall be elected each year. The Common Council is vested with all the powers of the City not specifically given to some other officer.
B. 
Powers of the Council. The Council shall preserve order at its meetings, compel attendance of members and punish nonattendance and shall be judge of the election and qualification of its members.
C. 
Compensation. The salaries of all elected and appointed officials, including members of boards and commissions, shall be as determined by the Common Council from time to time, provided the salary of the Mayor and members of the Council shall not be increased during their terms of office (see § 66.0505, Wis. Stats.). A 3/4 majority vote of the Council shall be required to increase the salary of the Council members or Mayor.
D. 
Council members not to be interested in contracts. No Council member shall have a private interest in a contract with the City contrary to § 946.13, Wis. Stats.
E. 
Term of office. The term of office of all Council members shall be two years and until their respective successors are elected or appointed and qualify. The term of each Council member shall commence the third Tuesday of April in the year of election.
F. 
Committees. Subcommittees of the Common Council shall be appointed at the Council's annual organizational meeting.
A. 
General powers. The Common Council shall have the management and control of 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, forfeiture and other necessary or convenient means. The powers herein referred to shall be in addition to all other grants and shall be limited only by express language.
B. 
Power of 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 property.
C. 
Powers to finance City government. 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 manage City finances.
D. 
Construction of powers. All powers given herein shall be liberally construed in favor of the rights, powers and privileges of the City of Monona to promote the general welfare, peace, good order and prosperity of the City and the inhabitants thereof.
E. 
Emergency powers. All powers enumerated in § 323.14, Wis. Stats., shall be reserved and exercised by the Common Council or the Mayor, as provided in § 323.14, Wis. Stats. The Mayor may designate temporary and permanent emergency routes and may designate or suspend traffic control restrictions along such routes.
F. 
Statutes and Constitution. Sec. 62.11(5), Wis. Stats., and Article XI, Section 2, Wisconsin Constitution, shall apply to the governance of the City.
A. 
Time, date and notice. Regular meetings of the Common Council shall be held on the first and third Monday evening of each calendar month at 7:00 p.m. If the date of any regular meeting falls on a legal holiday, such meeting shall be held on the next following secular day, at the same place and at the same hour, unless canceled or rescheduled to another date or time by order of the Common Council. Following a regular City election, the new Council shall meet the third Tuesday of April. All meetings of the Common Council, including special meetings authorized under Subsection B, shall be held in compliance with Subchapter V of Chapter 19, Wis. Stats., the Wisconsin Open Meetings Law.
[Amended 10-16-2017 by Ord. No. 9-17-689; 2-5-2018 by Ord. No. 1-18-694]
B. 
Special meetings.
(1) 
Who may call. Special meetings of the Council may be called by any two members of the Council who file a written request with the City Clerk at least 24 hours prior to the time the meeting is to be called, stating the purpose and time of the meeting. The Mayor may also call a special meeting.
(2) 
Notice of special meeting. Immediately after the receipt of a request for a special meeting, the City Clerk shall notify each member of the Common Council by telephone or by delivering a written notice of the time and purpose of such meeting. If the Council member cannot be found, a copy of the notice shall be left at the member's residence at least six hours prior to the meeting.
(3) 
Special meetings held without notice. A special meeting can be held without notice being given when all of the members of the Council are present, or consent in writing. If all the members consent in writing each member shall file a written consent with the Clerk prior to the beginning of the meeting. This section does not, however, relieve the Council from the obligation of complying with the Wisconsin Open Meetings Law.
(4) 
Special meeting may become regular meeting. Any special meeting which is attended by all the members of the Council shall be a regular meeting for the purpose of transacting any business that may be presented by any member at any time.
C. 
Meeting attendance by audio-visual technology. Unless otherwise prohibited by state or federal law, the Mayor and any member of the Common Council may attend any meeting of such body by audio-visual technology (including, but not limited to telephone). A member so participating shall count toward the quorum of the body. Appropriate equipment shall be used so that the attending public of the meeting can readily hear such person's participation in the meeting. No person shall be allowed to participate in any meeting where such equipment is unavailable or inoperable at the time of the meeting. The member shall notify the Mayor and City Clerk of their intent to appear by such technology in sufficient time to permit the use of such equipment.
[Added 2-17-2020 by Ord. No. 2-20-727]
The Mayor shall call the meeting to order and, if absent, the President of the Council shall preside and, if absent, the senior member present (based on the date of original election) shall preside until the Council, by motion, selects an Acting President for that meeting. In the absence of the Clerk, the presiding officer shall appoint a clerk for that meeting.
A. 
At all meetings, the following order may be observed in disposing of business before the Council, unless otherwise provided for in the furnished agenda:
(1) 
Call to order.
(2) 
Roll call and pledge of allegiance.
(3) 
Approval of previous minutes.
(4) 
Public hearings.
(5) 
Appearances.
(6) 
Consent agenda.
(7) 
Unfinished business (items requiring formal action by the Council, i.e., matters from previous meetings or committee reports).
[Amended 10-16-2017 by Ord. No. 9-17-689]
(8) 
Committee of the Whole (motion required).
(9) 
Any new business, including the introduction of ordinances, resolutions or other communications (items requiring formal action by the Council, i.e., action items in committee reports not included in the Friday agenda).
(10) 
Appointments.
(11) 
Reports of committees, commissions, boards, Mayor and City Administrator (requiring no formal action by the Council).
(12) 
Miscellaneous business.
(13) 
Closed sessions under § 19.85, Wis. Stats. (motion required).
(14) 
Adjournment.
B. 
No business is to be taken up out of order, except by unanimous consent or suspension of the rules.
A. 
Ordinances, resolutions and communications to be in writing. All ordinances, resolutions, memorials or other communications shall be in writing with a brief statement of their content and title endorsed thereon, together with the name of the member presenting the same, and shall be delivered to the Clerk. The Mayor shall then refer the ordinance, resolution or communication to the appropriate committee or to the appropriate place on the agenda. All ordinances, resolutions and contracts shall bear the name of the sponsor, the drafter and the initials of the City Attorney as to form and, at the discretion of the Mayor, shall contain a fiscal note as to the cost involved, if any, to the City. The Finance and Personnel Committee shall determine the form of the fiscal note.
B. 
Ordinances, resolutions and appropriations to be given second reading. Ordinances, resolutions or requests for appropriations shall be introduced as items of new business at a Council meeting and then adopted or rejected as an item of unfinished business at the next Council meeting, unless the Council suspends the rules as provided in § 94-14 for the purpose of adopting or rejecting an ordinance without referring the ordinance to a subsequent meeting and except as provided in Subsection E hereof.
C. 
Subject, numbering and adoption of ordinances. No ordinance shall relate to more than one subject, which shall be clearly expressed in its title, and no ordinance or section thereof shall be amended or repealed unless the new ordinance contains the title of the ordinance or section amended or repealed, and when practicable, all ordinances shall be introduced as amendments to existing ordinances or sections thereof.
D. 
Financial claims. All bills and other financial claims against the City shall be audited and approved in accordance with this Code.
E. 
Ordinances appropriating money. All ordinances and resolutions appropriating money or creating any charge against the City for payment of claims for purchases or work previously authorized by the Council shall be acted upon by the Council at the next regular meeting, provided that this provision may be suspended by 3/4 vote of all members of the Council. A roll call vote shall be taken and recorded on such appropriations.
The presiding officer shall decide all questions of order, in accordance with § 94-13, subject to an appeal to the Council. No appeal shall be debatable, and the appeal may be sustained by a simple majority of the members present, exclusive of the Mayor.
The presiding officer shall preserve decorum and if any member transgresses the rules of the Council, the presiding officer shall, or any member may, call such offending member to order in which case the member called to order shall immediately sit down and be silent, unless permitted to explain, and the Council, if appealed to, shall decide the matter.
No member shall address the Council until recognized by the presiding officer. Such member shall address himself or herself to the presiding officer. When two or more members simultaneously seek recognition, the presiding officer shall name the member who is to speak first, and no person other than a member shall address the Council except by vote of a majority of the members present, except during the public appearances portion of the agenda.
A. 
Motions in possession of the Council. When a motion is made and seconded, it shall be deemed to be in possession of the Council and shall be stated by the presiding officer or, being in writing, shall be delivered to the Clerk and read by him or her previous to debate.
B. 
Motions without debate. A motion to adjourn shall always be in order, and a motion to adjourn, lay on the table, and a call for the previous question shall be decided without debate.
C. 
Unanimous consent. Any motion may be disposed of by unanimous consent of the Council.
A. 
Actions in order. When a question is under discussion, no action shall be in order except to adjourn, to lay on the table, to postpone to a certain day, to refer to a committee, to amend, or to postpone indefinitely. All such motions shall have precedence in the order listed. A motion to call for the previous question shall require a 2/3 vote of the members present.
B. 
Termination of debate. Any member wishing to terminate the debate may move to put the question before the Council. The presiding officer shall announce the question "Shall the main question now be put?" If a 2/3 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 bringing the Council to a direct vote, first upon pending amendments and then upon the main question.
The rules in this chapter or any part thereof may be suspended temporarily in connection with any matter under consideration by a recorded vote of 3/4 of the members present.
A. 
Roll call vote. Any member may demand a roll call vote on any matter irrespective of dollar amount, and such vote shall be entered in the proceedings, and every member shall vote when a question is put unless the Council by majority vote of those present shall excuse him or her for special cause. Abstentions for conflicts of interest shall be considered a vote of the member under this section. Roll call votes are required for ordinances or resolutions approving contracts or appropriations exceeding the dollar amount requiring public bidding stated in § 62.15(1) of the Wisconsin Statutes, as it may be amended from time to time.
[Amended 7-20-2020 by Ord. No. 7-20-733]
B. 
Majority prevails. The majority vote of the members present shall be necessary for passage of an ordinance or resolution or approval of an appointment unless a larger number is required by statute or this Code.
C. 
Reconsideration of the vote. Any member voting in the majority may move for a reconsideration of the vote of any question at that meeting or at the next succeeding regular meeting. A member may not change his or her vote on any question after the results have been announced. A motion to reconsider being put and lost shall not be renewed.
A. 
Proposed agenda. A proposed agenda, together with relevant materials and communications, shall be prepared by the City Administrator. The Mayor, acting upon the Administrator's proposed agenda, shall set the agenda. Any two Aldermen may also have an item placed on the agenda by filing a written request with the City Administrator no later than 5:00 p.m. on the Monday preceding the meeting. The agenda shall be delivered to the Mayor and Council members on the Thursday prior to a regular Council meeting, unless special circumstances preclude such schedule. A similar agenda shall be prepared for special meetings of the Council under § 94-4B of the Code of the City of Monona.
B. 
Availability for public inspection.
(1) 
The proposed agenda, with the relevant materials and communications, shall be available at the City Clerk's office for public inspection and copying by 4:00 p.m. Friday prior to a regular Council meeting. The agenda and materials for a special Council meeting shall be available as soon as prepared and assembled by the City Clerk.
(2) 
The City Clerk shall upon request make copies of the agenda and accompanying material available for distribution and shall make a charge therefor sufficient to recover the City's expense, provided one copy shall be made available without charge to a representative of a recognized news medium having general circulation within the City. The Mayor may authorize the distribution of additional copies at no charge.
C. 
Final agenda. Additions to or deletions from the proposed agenda may be made by the City Clerk and/or City Administrator and by other City officers upon request or approval of the Mayor, until 12:00 noon of the Friday before the Council meeting. At such time the City Clerk and/or City Administrator shall prepare a set of materials to include materials not previously delivered for the Mayor and each member of the Council, which shall be available for them in the Clerk's office until 5:00 p.m. the day of the Council meeting and available at the meeting place of the Council 1/2 hour prior to the time scheduled for convening the Council. No item may be acted on by the Council unless it is on the final agenda by unanimous consent of the Council or by suspension of the rules under § 94-14.
The City Clerk, subject to approval of the Mayor, shall place on the consent agenda items which in his or her judgment are routine. No separate discussion or debate on matters on the consent agenda shall be permitted. A single motion, seconded and adopted by majority vote of the Council, shall be sufficient to approve, adopt, enact or otherwise favorably resolve any matter listed on the consent agenda without separate discussion thereof. When the consent agenda is reached, any Council member may request removal of any item from the consent agenda, and such item shall be removed without further debate or vote. Any item or part thereof removed from the consent agenda by action of the Council shall be considered separately at the appropriate time in the Council's regular order of business, under unfinished business.
By majority vote at any regular or special meeting in the regular order of business as provided in § 94-6A(8), the Council may resolve itself into a Committee of the Whole. Resolving into the Committee of the Whole as a special order of business other than in the regular order of business shall require unanimous consent of those present at the meeting. Standing rules of the Council acting as a Committee of the Whole shall be deemed advisory only and shall not authorize any official act by any officer, employee, agent or representative on behalf of the City. The Mayor shall preside over the Committee of the Whole. The Council may not adjourn any meeting or conduct an executive session in the Committee of the Whole.