[HISTORY: Adopted by the Common Council of
the City of Rice Lake 10-14-2008 by Ord. No. 08-17.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 36, Mayor and Common Council, adopted as Title 2, Chapter
2 of the Code of Ordinances, as amended.
The Aldermen of the 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.
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State Law Reference: W.S.A. s. 62.11.
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A.
Election, term and number.
(1)
The City shall have eight Aldermen in addition to
the Mayor, who is a member of the Common Council by virtue of his
office as Mayor. The eight Aldermen and the Mayor shall constitute
the Common Council.
(2)
Four Aldermen representing Aldermanic Districts shall
be elected for two-year terms in odd numbered years, and four Aldermen
representing the City at large shall be elected for two-year terms
in even numbered years.
B.
Appointment as Mayor. An Alderman shall be eligible
for appointment as Mayor to fill an unexpired term.
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State Law Reference: W.S.A. s. 62.09.
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A.
Election. The Mayor shall be elected in even-numbered
years for a term of two years.
B.
Duties.
(1)
The Mayor shall be the Chief Executive Officer of
the City. He shall take care that City ordinances and the state statutes
are observed and enforced and that all City officials and employees
discharge their duties.
(2)
The Mayor shall from time to time provide the Council
with such information and recommend such measures as he may deem advantageous
to the City. When present, he shall preside at the meetings of the
Council.
(3)
The Mayor shall have such other duties and responsibilities
as are prescribed in the Wisconsin Statutes.
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State Law Reference: W.S.A. s. 62.09(8).
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The Common Council, at its first meeting subsequent
to the regular election and qualification of new members, shall, after
organization, 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 Cleric-Treasurer. He shall, when so officiating, be styled
"Acting Mayor."
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State Law Reference: W.S.A. s. 62.09(8)(e).
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A.
Standing committees. At the annual organizational
meeting of the Common Council, the Mayor shall appoint Aldermen to
each of the following standing committees, subject to confirmation
by the Council:
(1)
Finance Committee.
(a)
The Finance Committee shall consist of three Aldermen.
(b)
The Finance Committee shall meet at least one time
per month.
(c)
The duties and responsibilities of the Finance Committee
are to:
[1]
Monthly review presentation of bills payable
by the City, and recommend their approval or disapproval to the Common
Council.
[2]
Periodically review with City administration
the City's risk management processes and provide recommendations to
reduce such risks and improve the risk management process, as appropriate,
to the Common Council.
[3]
Periodically review the City's internal financial
controls and provide recommendations for improvement of those controls,
as appropriate, to the Common Council.
[4]
Monthly review the financial statements of the
City, when available, including variances from budgeted amounts and
previous years' budgets.
[5]
Review, at least annually, the audited financial
statements, internal control assessment and management letter with
the independent auditor.
[6]
Consider other finance matters, as directed
by the Common Council from time to time.
(d)
Additional responsibilities; issues necessitating
immediate attention.
[1]
At least quarterly, the Finance Committee shall
report to the Common Council on the status of the City's finances,
internal controls, risk management procedures and such other matters
under the jurisdiction of the Committee, together with any recommendations
for any policy changes to be considered by the Common Council.
[2]
Any major issues, which, in the opinion of the
Finance Committee, merit the immediate attention of the Common Council
shall be brought to the Common Council for its consideration as soon
as possible.
(2)
Personnel and Negotiating Committee.
(a)
The Personnel and Negotiating Committee shall consist
of three Aldermen.
(b)
The Personnel and Negotiating Committee shall meet
on an as-necessary basis.
(c)
The Personnel and Negotiating Committee assumes the
responsibility of personnel management and the labor and wage negotiations.
(d)
The Personnel and Negotiating Committee's duty shall
be to negotiate labor contracts, determine personnel policies and
review all other matters relating to personnel management and make
recommendations as to their passage.
B.
Committee appointments.
(1)
The chairman 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.
(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 chairman 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.
C.
Committee reports.
(1)
All ordinances, resolutions, communications and other
matters submitted to the Council shall be read by title and author
and referred to the appropriate committee by the Mayor without motion
unless objected to by a Council member. The Clerk-Treasurer shall
read and record each such reference by title. Any Alderman may require
the reading in full of any matter at any time it is before the Council.
(2)
Each committee shall, when necessary, submit a report
on any matter referred to it. Such report shall recommend a definite
action on each item and shall be approved by a majority of the committee.
Any committee may require any City officer or employee to confer with
it and supply information in connection with any matter pending before
it. Minority reports may be submitted.
(3)
Resolutions, ordinances and committee recommendations
will be placed on the agenda for a Council action only if they are
submitted to the City Clerk-Treasurer in written form a minimum of
seven days prior to the meeting at which action is requested.
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 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,
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.
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 W.S.A. ch. 32 any and all property rights in lands
or waters, including rights of access and use, negative or positive
easements, restrictive covenants, covenants running with land, scenic
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 W.S.A. ss. 61.35 and 62.23, 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, and 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. The Common Council may ban money to any school district
located within the City or within which the City is wholly or partially
located in such sums as are needed by such district to meet the immediate
expenses of operating the schools thereof, and the council of the
district may borrow money from such City accordingly and give its
note therefor. No such loan shall be made to extend beyond August
30 next following the making thereof or in an amount exceeding 1/2
of the estimated receipts for such district as certified by the State
Superintendent of Public Instruction and the local school clerk. The
rate of interest on any such loan shall be determined by the Common
Council.
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 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.
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State Law Reference: Wisconsin Constitution Art. XI, Sec. 3; W.S.A. ss. 62.09(7) and 62.11.
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The Common Council, on behalf of the City, may
join with other municipalities or school district 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.
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State Law Reference: W.S.A. s. 66.0301, 66.0303,
66.0311(2).
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The Common Council has the power to preserve
order at its meetings, compel attendance of Aldermen and punish nonattendance.
The Common Council shall be the judge of the election and qualification
of its members.
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State Law Reference: W.SA. s. 62.11.
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The Mayor and Aldermen who make up the Common
Council, whether operating under general or special law, may by majority
vote of all the members of the Common Council determine that an annual
salary be paid the Mayor and Aldermen. Any such initial salary, increase
or reduction shall not take effect until following the next election
of all those entitled to vote thereon.
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State Law Reference: W.S.A. s. 62.09(6).
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Following a regular City election, the Common Council shall meet on the third Tuesday of April for the purpose of organization. The Common Council shall establish by resolution, pursuant to § 36-22, the frequency and starting time of its meetings. Any regular meetings falling upon a legal holiday shall be held on the next following secular day, at the same hour and place, or as otherwise designated by majority vote of the Common Council. All meetings of the Council shall be held in the Rice Lake City Hall, including special and adjourned meetings, unless the Mayor orders convening in a larger facility in the City to accommodate the attending public.
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State Law Reference: W.S.A. s. 62.11(2).
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A.
Special meetings may be called by the Mayor or by
two Aldermen 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
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. A special meeting may be held without such notice when all
members of the Common Council are present in person or consent, in
writing, to the holding of such a meeting, provided that the provisions
of Wisconsin's Open Meeting Law are complied with. If written consent
is obtained, it shall be filed with the Clerk-Treasurer prior to the
beginning of the meeting. Attendance by any Council member shall be
deemed a waiver on his part of any defect of notice. Any special meeting
attended by all Aldermen shall be a regular meeting for the transaction
of any business that may come before such meeting.
B.
The cost set forth in the fee schedule adopted as
part of the annual budget document of any special meeting called at
the request of any person or organization, other than by the Mayor
or the Aldermen, shall be paid by the person or organization requesting
the special meeting.
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State Law Reference: W.S.A. s. 62.11(2).
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All meetings shall be open to the public and
in compliance with Wisconsin's Open Meeting Law.[1]
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State Law Reference: W.SA. s. 62.11(3)(c).
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[1]
Editor's Note: See W.S.A. s. 19.81 et seq.
[Amended 4-26-2011 by Ord. No. 11-05]
A.
Two-thirds
of the members-elect of the Common Council shall constitute a quorum,
but a lesser number may adjourn if a quorum is not present or compel
the attendance of absent members. No other action shall be taken unless
a quorum is present. The Mayor shall not be counted in computing a
quorum.
B.
The Council
may, by a majority vote of those present, adjourn from time to time
to a specific date and hour.
C.
Council
members must be physically present to participate in Council meetings.
Remote participation by audio and/or visual technology is prohibited
for Council meetings.
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State Law Reference: W.S.A, § 62.11(3)(b) and 62.11(3)(e).
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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. In case of absence of the Mayor and
President of the Council, the Clerk-Treasurer shall call the meeting
to order, and the Aldermen present shall elect one of their number
President Pro Tem.
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 Roberts Rules of Order, unless otherwise provided by statute or
by these rules. 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 Clerk-Treasurer, the presiding officer shall appoint a Clerk Pro
Tem.
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State Law Reference: W.S.A s. 62.09(8).
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A.
Order of business. At all meetings, the following
order may be observed in conducting the business of the Common Council:
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.
Citizen comments. The Mayor or presiding officer may
impose a time limit, collectively and individually, on the comments
of citizens.
D.
Roll call; procedure when quorum not in attendance.
As soon as the Council shall be called to order, the Clerk-Treasurer
shall proceed to call the names of the members, noting who is present
and who is absent, and record the same in the proceedings of the Council.
If it shall appear that there is not a quorum present, that fact shall
be entered on the journal, and the Council may adjourn or the presiding
officer or, in case of his absence, the Clerk-Treasurer may issue
a process to any policeman commanding him forthwith to summon the
absentees.
E.
Agenda. Any Alderman, Mayor or City Administrator
may have an item placed on the agenda of a meeting of the Common Council.
A.
Ordinances, resolutions, etc., to be in writing. All
ordinances, resolutions or other communications submitted to the Council
shall be in writing and shall include at the outset a brief statement
of the subject matter, a title and the name of the Alderman or Mayor
introducing the same. All written material introduced shall be read
by the Clerk-Treasurer, Mayor, committee chairman or the appropriate
designee and then discussed and acted upon as the Common Council deems
appropriate. All ordinances shall be read at least once before this
final passage.
B.
Subject and numbering 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.
All ordinances must be approved as to form by the
City Attorney.
D.
Notice.
(1)
The Common Council may take action on an ordinance
or resolution only if it appears on the written agenda for the meeting
at which action is requested.
(2)
Resolutions or ordinances will be placed on the agenda
for Council action only if they are submitted to the City Clerk-Treasurer
in written form a minimum of seven days prior to the meeting at which
action is requested.
E.
Disposition of petitions, communication, etc. Every
petition or other writing of any kind addressed to the Council, the
Clerk-Treasurer or other City officer for reference to the Common
Council shall be delivered by the Clerk-Treasurer or such other City
officer to the Mayor or to the presiding officer of the Council as
soon as convenient after receipt of the same and, in any event, prior
to or at the opening of the next meeting of the Council following
the receipt of the same. Every such petition or other writing and
every paper, communication or other proceeding which shall come before
the Council for action may be referred by the Mayor or presiding officer,
unless objected to by a member of the Council.
A.
A roll call shall not be necessary on any questions
or motions except as follows:
(1)
When the ayes and noes are requested by any member.
(2)
On confirmation and on the adoption of any measure
assessing or levying taxes, appropriations or disbursing money or
creating any liability or charge against the City or any fund thereof.
(3)
When required by the state statutes of Wisconsin.
B.
All aye and nay votes shall be recorded in the official
minutes.
C.
Except as provided below, the Common Council shall
in all other respects determine the rules of its procedure, which
shall be governed by Roberts Rules of Order, which is hereby incorporated
by reference, unless otherwise provided by ordinance or statute, except
when otherwise limited or modified by this Code;
(1)
No Alderman shall address the Council until he has
been recognized by the presiding officer. He shall thereupon address
himself to the Chairman and confine his remarks to the question under
discussion and avoid all personalities.
(2)
When two or more members simultaneously seek recognition,
the presiding officer shall name the member who is to speak first.
(3)
No person other than a member shall address the Council
except under order of business, except that citizens may address the
Council with the permission of the presiding officer as to matters
which are being considered by the Council at the time.
(4)
No motion shall be discussed or acted upon unless
and until it has been seconded. No motion shall be withdrawn or amended
without the consent of the person making the same and the person seconding
it.
(5)
The Mayor shall not vote except in the case of a tie.
When the Mayor does vote in case of a tie, his vote shall be counted
in determining whether a sufficient number of the Council has voted
favorably or unfavorably on any measure. A majority vote of all members
of the Council in favor of any proposed ordinance, resolution or appointment
shall be necessary for passage or approval, unless a larger number
is required by state statute. Except as otherwise provided, a majority
vote of those present shall prevail in other cases.
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State Law Reference: W.S.A. s. 62.11.
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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 or adjourned meeting. A motion to reconsider being put
and lost shall not be renewed at that meeting.
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." This shall have the effect
of a motion to limit debate. If the 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.
A call of the Council may be ordered at any
time by the request of two or more members and absent members shall
be sent for, but a call cannot be made after voting has commenced.
When a call of the Council has been requested and ordered, the door
shall be closed until the report of the policeman has been received
and acted upon or until further proceedings under the call are dispensed
with by a majority of the entire Council.
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State Law Reference: W.S.A. s. 62.11(3)(b).
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A.
All general ordinances of the City and all regulations
imposing any penalty shall be published as allowed by statute in the
official paper 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 Common Council minutes shall be
prima facie proof of due passage, publication and recording thereof.
B.
All ordinances shall take effect and be in force from
and after passage and publication, unless otherwise provided, and
published copies thereof shall have appended the date of first publication.
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State Law Reference: W.S.A. s. 62.11(4).
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The rules of this chapter 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.
