[HISTORY: Adopted by the City Council of the City of Edgerton 3-1-1993 by Ord. No. 2-93 (§ 2.01; Ch. 3 of the 1993 Municipal Code). Amendments
noted where applicable.]
The City of Edgerton, Wisconsin, operates under the Mayor-Council
form of government under Ch. 62, Wis. Stats.
The regular meetings of the City Council shall be held at the
Council Chamber on the first and third Monday in each month (except
when such meeting date shall be on a holiday, then such regular meeting
shall be held on the succeeding day), at 7:00 p.m., and special meetings
at such times as the Mayor or a majority of the Council may direct.
The Mayor or, in his absence, the President of the Council,
shall take the Chair at the hour appointed, call the members of the
Council to order, and may at the insistence of any two members, order
the attendance of absentees. In the absence of the Mayor and President
of the Council, any member may call the Council to order, and thereupon
the Council shall appoint a Chairperson to preside at such meeting.
A.
Two-thirds of all persons must be present at a Council meeting to
constitute a quorum for the transaction of business.
B.
Unless otherwise provided by statute or ordinance, a majority of
the total membership of any City committee, board, commission, or
authority shall constitute a quorum, regardless of whether a vacancy
exists on the respective body. Final action by any such body shall
require total votes constituting a quorum. A committee may convene
without a quorum to discuss agenda items, provided no action, recommendations
or motions are made other than to adjourn the meeting. The lack of
a quorum should be noted in the minutes.
The Mayor shall not be counted in computing a quorum, majority
or other proportion under the requirements of law for the same, and
shall not vote except in case of a tie.
The Mayor may call a special meeting by written notice to each
member delivered to him personally or left at his usual place of abode
at least six hours before the meeting. Following a regular City election,
the new Council shall first meet on the third Tuesday of April, and
a President of the Council shall be chosen from among the Alderpersons
by a majority vote thereof.
A.
All committee appointments and other appointments shall be made by
the Mayor or other presiding officer and confirmed by the Council
unless otherwise provided by law. A majority of all the members of
the Council shall be necessary for confirmation. In case of a tie
the Mayor shall have the deciding vote as in other cases.
B.
Resignations. All resignations from committee appointments and other
appointments shall be submitted to the Mayor and City Council in writing.
C.
Partial terms. All committee appointments and other appointments
that occur after the third Tuesday in April shall be for the balance
of the term for which the appointment is made. In the event of an
appointment to an initial term of office beginning after the third
Tuesday in April and having a specific duration, if the partial term
of office begins 182 calendar days or more before the next reorganizational
meeting, such partial term shall be counted as one full year.
[Amended by Ord. No. 01-12]
Meetings shall be open to the public. The Council may punish
by fine members or other persons for disorderly conduct.
[Amended 7-20-2020 by Ord. No. 20-03]
The confirmation and on the adoption of any measure assessing
or levying taxes, appropriating or disbursing money, or creating any
liability or charge against the City or any fund thereof, the vote
shall be by ayes and noes. The record of ayes and noes may be required
to be ascertained by any member. All aye and nay votes shall be recorded
in the meeting minutes.
A.
Recording for minutes. Any audio recording of a governmental meeting
of the City may be destroyed, erased or reused no sooner than after
the minutes of the meeting have been approved and published if the
purpose of the recording was to make minutes of the meeting.
The style of all ordinances shall be: "The City Council of the
City of Edgerton do ordain as follows".
[Amended by Ord. No. 02-15]
The order of business for the City Council meeting shall be
as follows:
A.
Call to order. Call to order shall be made by the presiding officer.
B.
Roll call. If a quorum is not present, the meeting shall automatically
adjourn to the next meeting.
C.
Pledge of allegiance.
D.
Confirmation of meeting notice. The Clerk shall confirm the date
and places the meeting was noticed and posted.
E.
Acceptance of agenda. The presiding officer shall request a motion
to accept or amend the agenda as presented.
F.
Personal appearances. The presiding officer may allow comments and
suggestions from citizens.
G.
Approval of the minutes. Reading of the minutes of the preceding
meeting, approval of the minutes if correct, and correction of mistakes,
if any. Where copies of the minutes are received by each member in
advance, the reading of the minutes aloud may be waived if no member
objects.
H.
Committee reports. The agenda shall list all committees that have
met since the last regular City Council meeting. Action can only be
taken on those items specifically listed. Brief reports may be given
on committee activity but the members shall restrain from discussing
those items not specifically listed.
I.
Noncommittee items. Items not coming from a committee may be listed
before being discussed or action taken.
J.
Mayor, Alderperson and staff reports. Communications and recommendations
from elected and appointed individuals.
K.
Closed session. In accordance with the Wisconsin Statutes, the Council
may go into closed session.
L.
Adjourn.
All petitions, memorials, resolutions or other communications
shall be in writing with a brief statement of their contents endorsed
upon them, together with the name of the member presenting the same,
and no application shall be considered or entered unless the same
be in writing. Each committee to whom any matter shall be referred,
shall report thereon in writing, at the first stated meeting after
such reference, and the same shall be read by the Administrator previous
to any further action being taken thereon.
The presiding officer shall decide all questions of order, subject
to an appeal to the Council.
It shall be the duty of the presiding officer to preserve decorum;
and if any member transgresses the Rules of the Council, the presiding
officer shall, or any member may, call him 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 bill shall be allowed unless the same be itemized.
Every member present, when a question is put, shall vote.
Every motion or proposition, except privileged motions, shall
be reduced to writing by the Administrator.
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 City Administrator,
and read by him/her previous to debate.
After a motion is stated by the presiding officer, or read by
the Administrator, it shall not be withdrawn, except by consent of
the Council.
All questions shall be put in this form: "as many as are of
the opinion (as the case may be) say 'aye'; contrary, 'no'" and in
doubtful cases, the presiding officer may direct, or any member may
call for a division.
When a member is about to speak on a question or make a motion,
he shall rise and respectfully address the presiding officer, and
the presiding officer shall pronounce the name of the member, entitled
to the floor, and the member shall confine his remarks to the question
under consideration.
No member shall speak more than twice on any question, nor more
than 10 minutes at any one time without leave of a majority of the
members present, expressed by a rising vote.
There shall be five standing committees of the City Council.
The standing committees of the Council shall be appointed by the Mayor,
annually, and shall consist of three members.
A.
Personnel committee. In addition to the duties assigned elsewhere,
the Personnel Committee shall, under advice of the City Administrator
and under the overall control of the City Council, be responsible
for the following:
(1)
Planning and policy recommendations. The Committee shall plan and
recommend policies with respect to the safety of City employees and
their working conditions.
(2)
Direct and coordinate. The Committee shall direct all matters arising
under Ch. 111, Wis. Stats., and policymaking on all personnel matters
involving employees of the City. In performing these duties, the Personnel
Committee shall work closely with the City Administrator, City Attorney,
or labor negotiator designated by the City Council. As Chief Personnel
Officer, the City Administrator shall coordinate and administer all
directives and policies of the Committee and City Council.
(3)
Wisconsin employment relations commission. The Committee shall direct
the conduct of all proceedings involving the Wisconsin Employment
Relations Commission including those relative to the election, certification
and decertification of collective bargaining units (including proceedings
for the determination of the number of employees, type of bargaining
unit and eligibility of employees in the classified service to participate
in such elections) and including those relative to prohibited practice,
fact finding, compulsory arbitration and mediation proceedings. The
Personnel Committee shall also direct the conduct of all of the proceedings
before courts or other government agencies involving personnel matters.
(4)
Collective bargaining. The Committee shall be the Collective Bargaining
Team for the City. Recognized City employee labor organizations shall
submit their collective bargaining requests to the City Administrator
who shall refer these matters to the Committee. The Committee may
then conduct a public hearing on the requests in which all interested
persons may appear and state their views thereon. Collective bargaining
with recognized bargaining units shall be carried on by the Committee
which shall adopt and amend rules and procedures not in conflict with
any other existing ordinances or resolutions of the City governing
the conduct of such bargaining. The City Administrator shall be the
Chief Negotiator and spokesperson for the bargaining team. Elected
officials, department heads, and supervisory personnel shall not distribute,
to any City employee or other person, any written communication bearing
upon the subject of relations matters unless prior approval of the
City Administrator. The agreements reached at the conclusion of such
collective bargaining shall be reduced to writing by the City Administrator
and submitted in the form of a proposed ordinance or resolution to
the Committee which shall present said document to the City Council
for its approval or rejection.
(5)
Enforcement. The Committee shall be empowered to authorize the City Administrator to institute legal proceedings to prevent employees from engaging or continuing to engage in practices prohibited by or in violation of Ch. 111, Wis. Stats., and to enforce any ordinance or resolution by the City Council relative to agreements reached at the conclusion of collective bargaining procedures as provided for in § 86-23D.
(6)
Employees excluded from recognized bargaining units. The Committee,
upon recommendation of the City Administrator, shall periodically,
but not less than annually, review the wages, hours and conditions
of employment of all employees not represented by recognized City
employee labor organizations and submit their recommendations to the
City Council. The Committee may meet with such employees, if they
so request, prior to making its recommendations.
(7)
Employment selection. As outlined in Section 1.3 of the Personnel
Policies and Procedures Manual , the appropriate authorizing body
shall approve candidates for employment.
[Amended by Ord. No. 02-02]
(8)
City Administrator as ex-officio member. The City Administrator shall
be an ex-officio member of the Personnel Committee but shall not vote
on matters before the Committee.
B.
Finance Committee.
[Amended by Ord. No. 96-6]
(1)
In addition to duties assigned elsewhere, the Committee shall have
charge, under the supervision of the City Council and recommendation
of the City Administrator and Finance Director, of all purchases of
insurance coverage, labor, services, supplies and materials and shall
be responsible for the direction and coordination of all contracts
made, except where sufficient funds have been appropriated in the
current budget to an official, department, board or commission or
to a particular fund. All purchases shall be made on the basis of
a written purchase order by the proper official, department head,
board or commission.
(2)
In addition to the above duties, the Committee shall be responsible for the licenses and permits. The Committee shall make recommendations to the City Council with respect to license applications and matters pertaining to licenses and permits as they pertain to Chapter 26, Court, Joint Municipal; Chapter 42, Emergency Management; Chapter 109, Police Department; Chapter 167, Alcohol Beverages; Chapter 173, Amusements; Chapter 192, Building Construction, Art. I, General Provisions; Chapter 208, Direct Sellers; Chapter 217, Fair Housing; Chapter 239, Health and Sanitation; Chapter 246, Historic Preservation; Chapter 254, Junk Dealers; Chapter 265, Licenses and Permits; Chapter 274, Massage Parlors; Chapter 281, Noise; Chapter 288, Nuisances; Chapter 305, Peace and Good Order; Chapter 314, Property Maintenance; Chapter 323, Rental Property, Art. I, Residential Rental and Commercial Property Registration; Chapter 334, Solid Waste; Chapter 345, Streets and Sidewalks, Art. XI, Private Property on Public Sidewalks; Chapter 352, Taxicabs; Chapter 375, Vehicles and Traffic; and Chapter 439, Stormwater Management, Art. II, Construction Site Erosion Control (Polk County), of this Code.
(a)
Public hearing. The Finance Committee may conduct a public hearing
in regard to any prospective purchase or contract and interested persons
may appear and state their views thereon.
(b)
City Administrator and Finance Director as ex officio members.
The City Administrator and Finance Director shall serve as an ex officio
members of the Finance Committee but shall not vote on matters before
the Committee.
C.
Public Works Committee. In addition to the duties assigned elsewhere,
the Public Works Committee shall be responsible for the following:
[Amended by Ord. No. 96-16]
(1)
Plan and set policy for maintenance. In consultation with the City
Administrator, Director of Public Works and City Engineer, the Public
Works Committee shall plan and set policy for the repair and maintenance
of City streets, sidewalks, storm sewers, and public buildings.
(2)
Plan and set policy for cemetery. The rules and regulations governing the cemetery and interments therein, the review of the sale price of cemetery lots, the amounts of annual assessments, perpetual care, charge for work done by cemetery employees and the annual operating and capital budgets for the cemetery. All other duties and authority as described in § 157.50, Wis. Stats., and Chapter 200, Cemetery, of this Code.
(3)
Plan and set policy for health and sanitation. The Committee, in
consultation with the City Administrator, Director of Public Works,
City Engineer and County Health Department, shall plan and set policy
on matters pertaining to health and sanitation, including, but not
limited to, refuse collection, solid waste disposal, and landfill
management.
D.
Public safety and welfare committee. In addition to the duties assigned
elsewhere, the Public Safety and Welfare Committee shall be responsible
for the following:
(1)
Police Department. In consultation with the Police Chief, City Administrator
and Police Commission, the Committee shall plan and set policy for
the operation and administration of the Police Department.
(2)
Building inspection and regulation. The Committee, in consultation
with the City Administrator and Building Inspector, shall plan and
set policy on matters pertaining to building inspection and regulation.
(3)
Nuisance abatement. The Committee, in consultation with the City
Administrator, City Attorney, Director of Public Works and Police
Chief, shall plan and set policy on matters pertaining to the abatement
of nuisances.
(4)
Disorderly conduct. The Committee, in consultation with the City
Attorney, Chief of Police and City Administrator, shall plan and set
policy on matters pertaining to disorderly conduct.
(5)
Recommend ordinances and resolutions. The Committee, in consultation
with the City Administrator, Director of Public Works, City Attorney,
Police Chief and Fire Chief, shall review and make recommendations
on ordinances and resolutions pertaining to parking, pedestrian and
vehicular traffic, signage and general public safety and welfare matters
relating to this section. Except where provided elsewhere, it shall
also be the responsibility of said Committee to review and recommend
all other ordinances coming before the City Council.
E.
Permits and Licenses Committee. This section shall be abolished as
a separate committee. All functions of this committee shall be incorporated
into the Finance Committee.
[Amended by Ord. No. 96-6]
Other committees of the Council shall be appointed by the Mayor,
as set forth by each committee description as follows:
A.
Parks and Recreation Committee. A Parks and Recreation Committee
is created pursuant to § 27.08, Wis. Stats., and shall have
the duties and authority prescribed therein and in § 27.09
and the care and management of the parks and recreation program of
the City.
(1)
Composition. The Parks and Recreation Committee shall be comprised
of seven members, two shall be members of the City Council, with the
remainder being residents of the City.
(2)
Appointment and term. Members shall be appointed by the Mayor, subject
to confirmation of the City Council, for a term of five years commencing
May 1, with the terms staggered so that at least one but not more
than two terms expire annually.
(3)
Powers and duties. The Parks and Recreation Committee shall serve
as an advisory Committee to the City Council, advising the Council
on all matters pertaining to the management and regulations of all
parks now owned or hereafter acquired and all recreation programs
of the City. Areas of responsibility shall include, but not be limited
to:
(a)
The management, improvement and care of public parks.
(b)
The development of policies, procedures, rules and regulations
pertaining to the use of public parks and City-sponsored recreation
programs.
(c)
The development of annual operating and capital budgets for
the parks, recreations, and swimming pool programs.
(d)
The development of a broad variety of recreational programs
and services to meet the needs and demands of the community.
(e)
Advising the Council on issues of land acquisition and leasing
and/or land sales or exchanges affecting the City's parks.
(f)
Advising the Council on levels of staffing.
[Amended by Ord. No. 96-16]
B.
Committee of the Whole. The Committee of the Whole shall serve as
a forum of discussion and communication between all committees and
shall be comprised of all members of the City Council and the Mayor.
No final action on any issue may be taken by such Committee. Said
Committee shall be open to the public. Proper posting of this Committee
meeting shall be determined by the appropriate Wisconsin Statute.
C.
Special committees. Select or special committees may be raised by
resolution designating the number of members, the objective and the
duties or responsibilities of the same. Unless otherwise provided,
the members shall be appointed by the Mayor. Said Committees shall
be dissolved at each reorganizational meeting of the Council.
D.
Revolving Loan Fund Committee. The Revolving Loan Fund Committee
(RLF) shall consist of seven members appointed by the Mayor and confirmed
by the City Council as follows:
(1)
Members. The seven member committee shall consist of individuals
representative of a broad range of City interests and have special
expertise and knowledge of commercial lending and economic development
processes. Expertise on the Committee optimally shall include representation
from the governing body, the Plan Commission, the local development
corporation, the local chamber of commerce, the local banking community,
a business law attorney and the RLF administrator. The City Administrator
shall serve as the RLF administrator. The members of the Revolving
Loan Fund Committee shall be nominated by the Mayor and confirmed
by the City Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
Terms of office. Terms of office for the RLF administrator shall
be indefinite. Terms of office for the Council member and Plan Commission
member, if any, shall be one year. The terms of office for the remaining
members of the committee shall be five years alternating.
(3)
Powers and duties. The Revolving Loan Fund Committee shall have the
authority to review, select and recommend loan applications to the
governing body for final approval. The Committee shall also have the
authority to make policy recommendations for the administration of
the program. The Committee shall follow the guidelines set forth by
the Wisconsin Department of Development and stated in the Revolving
Loan Fund manual.
Committees on making their reports shall return the petition,
resolution or other paper containing the subject matter so referred
to the Council.
No account or other demand against the City shall be allowed
and directed to be paid, unless the same shall be examined and certified
to be correct by the appropriate committee of the Council and reported
to and audited by the Council.
All reports and resolutions shall be entered on the minutes
and filed with the City Administrator.
When a question is before the Council, no motion shall be received
unless to adjourn, lay on the table, move the previous question, to
commit or to amend. Questions shall have precedence in the order in
which they are submitted.
A motion to adjourn shall always be in order, unless the Council
is engaged in voting, and shall be decided without debate.
The previous question shall be put in these words: "shall the
main question be now put?" and it shall be submitted on demand of
two members, and, until decided, shall preclude all further amendment
or debate of the main questions, but shall not preclude pending amendments
from being put before the main questions.
Any member may call for a division of the question, when the
same will admit thereof.
The ayes and noes shall be taken and recorded upon any question
before the Council, upon the call of any member. The roll shall be
called with the first member called to vote rotating in alphabetical
order on each roll call vote. It shall not be in order for any member
to explain his vote during the calling of ayes and noes.
All petitions shall be presented by the presiding officer and
the contents after being briefly stated may be referred to a committee
or acted upon immediately by the Council.
All reports of special standing committees of the Council are
required to be in writing.
A.
Every ordinance or resolution in the nature of an ordinance shall receive
two separate readings prior to its passage. Unless otherwise requested
by a member of the Council, it shall be sufficient to have such ordinance
read by title so long as the ordinance or resolution concisely states
its subject matter. After such first reading every ordinance or resolution
in the nature of an ordinance shall lay over until the next regular
meeting of the Council, when it shall be read a second time. However,
the Council may suspend its rules by a two-thirds vote of its members
and allow action on the matter at the same meeting such ordinance
or resolution was first presented.
[Amended 7-17-2023 by Ord. No. 23-20]
B.
No bylaw or ordinance shall contain more than one subject, which
shall be clearly expressed in its title, and no ordinance or section
thereof shall be revised or amended unless the new ordinance contains
the title of the ordinance or section revised or amended.
Upon the second reading of an ordinance, or resolution in the
nature of an ordinance, the presiding officer shall state it as ready
for commitment to a committee or passage. If for commitment to a Committee,
the question shall be whether to a standing committee or to a special
committee.
An ordinance after commitment and report thereof may be re-committed
at any time previous to its final passage.
[Amended 7-20-2020 by Ord. No. 20-03]
All members of a duly constituted body of the City of Edgerton
have the right to exercise their First Amendment rights and to express
their opinion on actions taken by the body without censorship or restraint
by the government body.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
No member is to leave the Council without leave of absence.
Vacancies in the office of Mayor or Alderperson shall be filled
by appointment by the City Council and subject to those provisions
of § 17.23, Wis. Stats.
In the absence of a standing rule of the Council, the rules
and orders of Robert's Rules of Order shall be followed.
A.
Agenda items for the City Council shall be set by the Mayor or City
Administrator. Agenda items for other City committees, boards, commissions,
and authorities shall be set by the head of the respective committee
or the City Administrator.
B.
During a meeting, a member may request that the chair or Mayor place
an item on the next meeting agenda. In such a case, the Mayor or chair
shall either grant the request or submit it to the body. If the request
is approved by a majority, the item shall be placed on the next meeting
agenda.
It shall be in order for any member who voted with the prevailing
side, or in the case of a tie vote one who voted with either side,
to move a reconsideration of such vote at the same or next succeeding
regular meeting of the Council. A motion to reconsider having been
put and lost shall not again be in order.
The assent of two-thirds of all the members of the Council shall
be required to alter or modify any of the foregoing rules.
In case of a tie vote on any ordinance, resolution, motion or
other matter or issue being considered by the City Council, the Mayor
shall vote to break the tie vote.
