City of New Berlin, WI Boards, Commissions and Committees

Concrete invert projects.

Storm sewer installation.

Culvert replacement.

Reditching.

Mowing.

Weed spraying.

Asphalt patching.

Sign maintenance.

Brush chipping.

Maintenance of vehicles.

Signal maintenance.

Sewer cleaning.

Hydrant flushing.

Water meter installation.

Storm cleanup.

Junk pickup.

Shouldering.

Sewer-lift station maintenance.

(19)

Water system maintenance.

(20)

Hydrant maintenance.

(21)

Any work essentially similar to the foregoing enumerated classes of public construction.

§ 6-2 Board of Review.

Membership; appointment; Secretary.

[Amended 12-11-2001 by Ord. No. 2162]

Membership. The Board of Review shall consist of five members and one or more alternate member(s) who are citizens of the City, none of whom shall occupy any public office or be publicly employed. The first alternate member shall act with full power when three members are absent, refuse, or are otherwise unavailable to hear an objection. The second alternate member (if any) shall act with full power when four members (or three members and the first alternate member) are absent, refuse, or are otherwise unavailable to hear an objection. Additional alternate members (if any) shall act, in order of their priority, when necessary to provide three members/alternate members to hear an objection.

One member shall be appointed annually by the Mayor, subject to the confirmation of the Council, for a term of five years, provided that initially five members shall be appointed for terms of one, two, three, four and five years, respectively. The Mayor shall appoint, subject to the confirmation of the Council, one alternate member for a term of five years. The Mayor may appoint, subject to confirmation of the Council, additional alternate members, in addition to the one required alternate member. If more than one alternate member is appointed, the Mayor, subject to the confirmation of the Council, shall designate one of the existing or newly appointed alternate members as first alternate, one as second alternate, and so forth to establish the priority of all alternate members. The terms of any additional alternate members shall be for five years, unless that term must be reduced by one or more years at the time of appointment, to ensure that no two alternate members' terms end in the same year.

Clerk. The City Clerk shall act as Secretary of the Board of Review but shall not be a member thereof, and shall keep an accurate record of all its proceedings.

Proceedings. Board of Review proceedings shall substantially comply with the procedure set forth in § 70.47, Wis. Stats.

Confidentiality of income and expenses.

[Added 12-11-2001 by Ord. No. 2163]

Adoption. This subsection adopts by reference § 70.47(7)(af), Wis. Stats. Income and expense information provided by property owner to assessor for the purposes of establishing the valuation for assessment purposes by the income method of valuation shall be confidential and not a public record open to inspection or copying under § 19.35(1), Wis. Stats.

Exceptions. An officer may make disclosure of such information under the following circumstances:

(a)

The Assessor has access to such information in the performance of his/her duties;

(b)

The Board of Review may review such information when needed, in its opinion, to decide upon a contested assessment;

(c)

Another person or body has the right to review such information due to the intimate relationship to the duties of an office or as set by law;

(d)

The officer is complying with a court order;

(e)

The person providing the income and expense information has contested the assessment level at either the Board of Review or by filing a claim for excessive assessment under § 74.37, Wis. Stats., in which case the base records are open and public.

§ 6-3 Plan Commission.

See Chapter 275, Zoning, § 275-15.

§ 6-4 Board of Appeals.

See Chapter 275, Zoning, § 275-16.

§ 6-5 (Reserved) [1]

Editor’s Note: Former § 6-5, Parks, Recreation and Forestry Commission, as amended, was repealed 7-28-2015 by Ord. No. 2550; see now §§ 6-30, Parks, Buildings and Grounds Commission; 6-31, Recreation Commission; and 6-32, Golf Course Commission. Ordinance No. 2550 was originally adopted as Ord. No. 2535 but was renumbered 8-25-2015 by Res. No. 15-31 because Ord. No. 2535 had already been used.

§ 6-6 Library Board.

Membership. The Library Board shall have nine members appointed by the Mayor, subject to Common Council confirmation. The terms and categories of membership are as follows: one City of New Berlin School District school administrator or representative: three years commencing July 1; one Common Council member: one year commencing May 1; and seven City of New Berlin citizens: three years commencing July 1, but staggered so that not more than three members are appointed in any one year.

Organization. The Board shall annually within 30 days after July 1 organize by the election from its membership of a President and a Secretary and such other officers as may be deemed necessary. A majority of the Board shall constitute a quorum to transact business of the Board.

Expenditures. The Board shall have exclusive control of the expenditure of all moneys collected, donated or appropriated for the library fund and of the purchase of a site and the erection of a library building whenever authorized, and exclusive charge, control and custody of all lands, buildings, moneys or other property devised, bequeathed, given or granted to or otherwise acquired or leased by the City for library purposes. The Board shall audit and approve all vouchers for expenditures and forward such vouchers or schedules covering the same, setting forth the names of claimants, the amounts of each claim, and the purpose for which expended, to the Director of Finance and Administration with a statement thereon, signed by the Secretary, that the expenditure has been incurred and that the Library Board has audited and approved the bill. The Director of Finance and Administration shall thereupon draw his order, which order shall be paid as other municipal orders are paid under § 66.0607, Wis. Stats.

[Amended 6-19-2001 by Ord. No. 2142; 7-23-2002 by Ord. No. 2180]

Personnel. The Board may appoint a librarian and such other assistants and employees as it may deem necessary, and prescribe their duties and compensation.

Lecturers. The Board may employ competent persons to deliver lectures upon scientific, literary, historical or educational subjects, and may cooperate with the University of Wisconsin, the State Historical Society, other state agencies, and Boards of Education, to secure such lecturers or by other means to foster and encourage the wider use of books and literature upon scientific, historical, economic, literary, educational and other useful subjects.

Claims. Any person having a claim against the City growing out of any action or omission of the Library Board shall file with the Board a written statement thereof, and, if such claim or part thereof be disallowed, the claimant may bring an action against the City in the manner that an action may be brought after disallowance of a claim by the Common Council.

Rules and regulations. The Library Board may establish rules and regulations for the conduct of its business consistent with this section and the state statutes, and shall have such other powers and duties as prescribed by Ch. 43, Wis. Stats.

Library book regulations.

No person shall fail, on demand, to return any book, periodical, pamphlet, picture or other article or property belonging to or in charge of the New Berlin Public Library according to the rules and regulations duly made and adopted by the Library Board; and no person shall remove from the library any book, periodical, pamphlet, picture or other article or property without first having it charged as provided by such rules and regulations.

No person shall mar, deface or in any other way damage or mutilate any book, periodical, pamphlet, picture or other article or property belonging to or in charge of the New Berlin Public Library.

Any person violating any of the provisions of this section shall forfeit not less than $1 nor more than $100, together with costs of prosecution, and in default of payment thereof shall be imprisoned in the county jail until such forfeiture and costs are paid, but not more than 30 days. Where there is more than one book, periodical, pamphlet, picture or other article or property involved in any violation, each such item shall constitute a separate offense.

§ 6-7 Police and Fire Commission.

The Police and Fire Commission shall consist of five citizens, one of whom shall be appointed annually by the Mayor, subject to confirmation by the City Council, for a term of five years pursuant to § 62.13, Wis. Stats. The Commission shall have the powers and duties prescribed by § 62.13, Wis. Stats. Pursuant to § 62.13(8), Wis. Stats., at such time that a vacancy exists in the office of the Chief of the Fire Department, the New Berlin Volunteer Fire Department, Inc., shall present to the Police and Fire Commission a candidate for Fire Chief. The Commission shall act in filling the vacancy pursuant to § 62.13(3), Wis. Stats.

§ 6-8 Civil Service Commission.

See Chapter 11, Civil Service, § 11-2, of this Code.[1]

Editor's Note: Former Sec. 1.05(9), Emergency Government Commission, which immediately followed this section, was deleted 6-19-2001 by Ord. No. 2142.

§ 6-9 Safety Commission.

Membership. The Safety Commission shall consist of:

A member of the City Council.

The Police Chief or a subordinate designated by him, approved by the City Council and registered with the Secretary of the Commission, who shall not be changed unless approved by the City Council.

The Fire Chief or a subordinate designated by him, approved by the City Council and registered with the Secretary of the Commission, who shall not be changed unless approved by the City Council.

The Administrator of the public schools of the City or a subordinate designated by him, approved by the Council and registered with the Secretary of the Commission, who shall not be changed unless approved by the Council.

Five citizens appointed by the Mayor. The citizen members shall include representatives from business and industry.

(6)

The Manager of Streets or a subordinate designated by him, approved by the Common Council and registered with the Secretary of the Commission, who shall not be changed unless approved by the Council.

[Amended 6-19-2001 by Ord. No. 2142; 7-23-2002 by Ord. No. 2180; 7-28-2009 by Ord. No. 2412]

(7)

The City Engineer or a subordinate designated by him, approved by the Common Council and registered with the Secretary of the Commission, who shall not be changed unless approved by the Council.

Appointments. The citizen members appointed by the Mayor are subject to confirmation by the Common Council and shall be appointed in odd-numbered years for terms of two years commencing on May 1.

Organization and meetings. The Commission shall organize by electing one of its members as Chairman and one as Secretary. The Secretary shall call meetings of the Commission, keep minutes of the meetings and advise the Council as to the work and recommendations of the Commission.

Functions and duties. The Commission shall advise the Mayor, Council, Police Department and other City officials as to the best methods of providing for the safety of the public on the streets of the City, and shall promote a program of educating the public on matters of safety and particularly matters of safety precautions. The Commission shall train and supervise all school crossing guards and perform other functions and duties as may be delegated to it by the Council.

§ 6-10 Electrical Review Board.

[Amended 6-19-2001 by Ord. No. 2142]

See Chapter 106, Electrical Standards, § 106-9.

§ 6-11 Fourth of July Commission.

Membership and appointment. A Fourth of July Commission is hereby established to consist of one member of the Common Council appointed by the Council President, the Fourth of July Coordinator, and up to 11 citizens to be appointed by the Mayor subject to confirmation by the Common Council. The Council member shall be appointed for a term of one year. The citizen members appointed by the Mayor shall be appointed for four-year terms. Each term shall expire on August 1 of the year in which the term ends. The Commission may appoint up to one nonvoting consultant familiar with the Fourth of July activities, whose qualifications to serve as consultant shall be determined by the Commission.

[Amended 6-19-2001 by Ord. No. 2142; 7-23-2002 by Ord. No. 2180; 8-24-2010 by Ord. No. 2435; 7-28-2015 by Ord. No. 2547]

Organization and meeting. The Fourth of July Commission shall choose one of its members as Chairman and one of its members as Secretary. The Secretary shall call meetings of the Commission, keep minutes of the Commission and advise the Common Council as to the work and recommendations of the Commission.

Functions and duties.

The Commission shall submit an annual budget for Common Council approval in the same manner as other departmental, board or commission budgets are submitted. Commission expenditures shall be subject to the same review and approval as are those of other departments, boards and commissions. The Commission shall meet at the New Berlin City Hall at such frequency and at such time as it decides is necessary to fulfill its function. It shall submit an annual report of its activities to the Common Council.

The Commission shall arrange and conduct appropriate ceremonies, parades, programs and fireworks display on the Fourth of July each year to recall, restate, and affirm the basic concepts of our free American society.

§ 6-12 Utility Committee.

[Amended 9-24-2002 by Ord. No. 2185; 2-8-2005 by Ord. No. 2258]

The Utility Committee shall consist of five members, including three members of the Common Council, appointed by the Common Council President, and two citizen members to be appointed by the Mayor for terms of two years each. The Committee shall have the powers and duties as prescribed in Chapter 267, Water and Sewers, of this Code.

§ 6-13 (Reserved) [1]

Editor's Note: Former § 6-13, Youth Advisory Board, as amended, was repealed 8-25-2020 by Ord. No. 2635.

§ 6-14 (Reserved) [1]

Editor's Note: Former § 6-14, Special Assessment Review Committee, also known as Charter Ord. No. 5, was repealed 1-23-2007 by Charter Ord. No. 7. See also Ch. A280 of this Code.

§ 6-15 Appointment.

Except as otherwise provided in this chapter, all appointments hereunder shall be made by the Mayor subject to confirmation by the Common Council.

§ 6-16 Compensation.

Except for members of the Board of Review, no member of a board or commission shall receive compensation for his services but may receive such per diem and mileage as is authorized by the board or commission for performance of his duties as a member of the board or commission outside the City.

§ 6-17 (Reserved) [1]

Editor's Note: Former § 6-17, Fire Department Committee, added 3-22-2005 by Ord. No. 2261, as amended, was repealed 11-12-2013 by Ord. No. 2513.

§ 6-18 Water Resource Management Utility.

[Added 1-10-2006 by Ord. No. 2298]

See Chapter 65, Water Resource Management Utility, § 65-10.

§ 6-19 (Reserved) [1]

Editor's Note: Former § 6-19, Board of Absentee Ballot Canvassers, was repealed 6-14-2022 by Ord. No. 2660.

§ 6-20 Definitions.

[Added 3-8-2011 by Ord. No. 2451]

As used in this chapter, the following terms shall have the meanings indicated:

CITIZEN

For purposes of this chapter as well as appointment to all boards, commissions, and committees of the City of New Berlin, the term "citizen" shall refer to citizens of the United States who are residents of the City of New Berlin. Notwithstanding the foregoing, the Council may in its discretion appoint a nonresident where the needs of the committee may dictate.

§ 6-21 Municipal Board of Canvassers.

[Added 4-22-2014 by Ord. No. 2518; amended 3-22-2016 by Ord. No. 2562]

The Common Council of the City of New Berlin does hereby provide for the canvassing of ballots by the Municipal Board of Canvassers designated under Wis. Stats. §§ 7.51, 7.515 and 7.53(2), as amended, which shall canvass all ballots at all elections held in the City pursuant to procedures established by the State of Wisconsin Government Accountability Board. The Board of Canvassers shall be composed of the City Clerk and two other qualified electors of the City appointed by the City Clerk. The City Clerk also shall appoint an alternate. The members of the Municipal Board of Canvassers shall serve for two-year terms commencing on January 1 of each even numbered year, except that any member who is appointed to fill a permanent vacancy shall serve for the rest of the unexpired term of the original appointee. In addition, any members serving at the time of the adoption of this section shall have their term extended by one year to coincide with the appointment schedule set forth herein.

§ 6-22 Ad hoc committees.

[Added 4-22-2014 by Ord. No. 2518]

The Common Council may create ad hoc committees by resolution for the purpose of dealing with specific questions or tasks which may arise from time to time. When establishing such ad hoc committees, the resolution shall provide for the following:

Identification of the specific task(s) or goals of the ad hoc committee.

How the ad hoc committee will report to the Council on its work.

The specific duration and/or objective of the ad hoc committee.

The size of the ad hoc committee, as well as its composition and method of appointment of its membership.

§ 6-23 Committee of the Whole.

[Added 4-22-2014 by Ord. No. 2518]

The Committee of the Whole shall be composed of the members of the Common Council. Meetings of the Committee may be called by the Mayor or President of the Common Council at any time. The Clerk or his or her designee will personally contact all Council members to assure attendance at special meetings of the Committee of the Whole. All items to be discussed before the Committee of the Whole must have a fully completed requested action statement. The statement will include a detailed explanation of the issue of the requested action, fiscal impact and rational. All necessary documentation must accompany the requested action statement. The requested action statement will be in the form of a motion to Council or a statement that no action shall be taken. Motions and recommendations of the Committee of the Whole may be adopted by the Common Council by motion and passage thereof as part of the consent agenda.

§ 6-24 (Reserved) [1]

Editor's Note: Former § 6-24, Special Project Commission, added 4-22-2014 by Ord. No. 2518, was repealed 7-14-2020 by Ord. No. 2634.

§ 6-25 Safety Saturday Committee.

[Added 9-22-2015 by Ord. No. 2551[1]]

Membership. The Safety Saturday Committee for the City of New Berlin consists of nine voting members as follows: one member of the Common Council, the Police Chief or his/her designee, and seven citizen members. In addition, the Committee shall have two ex officio members, who shall have voice at Committee meetings, but shall not have authority to vote. For purposes of the determination of a quorum, only voting members shall be considered. The Common Council member representative will be appointed annually by the Common Council President. The citizen members of the commission will be appointed by the Mayor subject to confirmation by the Council, and serve for two-year terms. A citizen member appointed to an unexpired term shall serve to the end of that term.

[Amended 7-25-2017 by Ord. No. 2590; 5-23-2023 by Ord. No. 2670]

Organization and meetings. The Committee shall elect a chairperson and a secretary from its members. The Chair will preside over meetings and prepare agendas. It shall be the responsibility of the secretary to notify all committee members of the time and place of all the meetings of the committee and to keep minutes of the meetings.

Functions and duties. The Committee will advise the Mayor, Common Council, and Police Department of the City of New Berlin regarding the annual Safety Saturday event held the third Saturday of each May. The Committee will be responsible for the coordination and organization of Safety Saturday in conjunction with the Police Department.

[Amended 7-25-2017 by Ord. No. 2590]

Editor’s Note: This ordinance also repealed former § 6-25, Crime Prevention Committee, added 4-22-2014 by Ord. No. 2518.

§ 6-26 Communications Committee.

[Added 4-22-2014 by Ord. No. 2518]

The Communications Committee is responsible for the oversight of the City's communications systems, including cable, as well as the City's website. The Committee is composed of three Alderpersons appointed annually by the Common Council President and two citizen members appointed annually by the Mayor and approved by the Common Council. A member of the City Clerk's/Community Relations Department shall record the meeting minutes and shall serve as liaison to the Mayor as to the working recommendations to the Committee. A quorum of the Committee shall consist of three members, and the Committee shall be entitled to create bylaws regarding its operations.

§ 6-27 Finance Committee.

[Added 4-22-2014 by Ord. No. 2518]

The Finance Committee shall undertake such financial tasks as directed by the Common Council and generally shall provide oversight on financial issues; however, it will not provide oversight on current budget items of another committee without the direction of the Council. In addition, investigations into long-term planning issues that involve another committee must be approved by the committee having jurisdiction. The Committee shall be specifically responsible for oversight of the following issues:

Long-term financial planning.

Pre-budget tasks, as assigned by the Council.

Equipment disposition.

Approval of project capital expenditures not under the jurisdiction of another committee.

Creating or revising purchasing policies.

(6)

Investigation of outsourcing and insourcing opportunities.

(7)

Investigation of entrepreneurial opportunities.

(8)

Cost reduction of non-personnel-related budget expenditures not assigned to another committee.

The Committee shall consist of three Aldermen appointed annually by the Common Council President, as well as the Mayor and a citizen member. The Mayor will appoint the citizen member for a one-year term, subject to Common Council approval. The Finance Director shall participate in the Committee as an advisor. Bylaws of the Committee and/or amendments thereto shall be approved by the Common Council.

§ 6-28 Handicapped Persons Appeal Committee.

[Added 4-22-2014 by Ord. No. 2518]

The City of New Berlin hereby creates a Handicapped Persons Appeal Committee which shall hear complaints by City employees or other persons who feel that they have been discriminated against by virtue of any action or inaction within the authority of this City which has resulted in discrimination and as a result of a handicap which said person may have. Said Committee shall consist of the Mayor, Common Council President and an Alderman appointed to the Committee by the Mayor and approved by the Common Council. The group shall meet as the need for it arises. A person who believes he or she has been discriminated against by virtue of any action or inaction within the authority of the City may file with the Mayor a complaint, in writing, setting forth the basis for such claim of discrimination. The Mayor shall review such complaint and advise the party submitting such complaint of the decision of the office of the Mayor within 10 days of the receipt of such complaint. If said complaint is not resolved to the satisfaction of the complainant, such person may, within 10 business days from the time that the decision of the Mayor is rendered, appeal to the Committee set forth above. Said policy is established in accordance with the Local Government Fiscal Assistance Amendments of 1983, Public Law 98-185, as well as the Department of Treasury Regulations implementing Section 504 of the Rehabilitation Act, as well as Section 51.5(e)(2) of the Treasury Regulations. (Reference Resolution No. 72-84.)

§ 6-29 Community Development Authority.

[Added 4-22-2014 by Ord. No. 2518]

The purpose of the Community Development Authority is to stabilize, protect, improve and support the industrial and commercial base within the City of New Berlin and to preserve the quality of life for our residents. The Authority provides funding for decent affordable housing, redevelopment and revitalization efforts, and economic development activities. The Authority shall consist of two Council members who serve their respective terms and four citizen members who serve four-year terms. All members are appointed by the Mayor with Common Council approval.

§ 6-30 Parks, Buildings and Grounds Commission.

[Added 7-28-2015 by Ord. No. 2550[1]; amended 8-6-2020 by Ord. No. 2636]

Membership. The Parks, Buildings and Grounds Commission shall report to the Common Council and should consist of five members. One member shall be the Mayor, who shall be its presiding officer. One Council member shall be appointed annually by the Common Council President commencing May 1 of each year. Three citizen members shall be appointed by the Mayor and confirmed by the Common Council. The term of office for those persons shall be three years, except that upon initial appointment, one member shall be appointed for one year, one member for two years, and one for three years.

Duties. The duties of the Parks, Buildings and Grounds Commission shall be as follows:

Oversee the management, maintenance and operations of all City-owned buildings and grounds, recreational facilities, parks, public centers, and other similar public property, as well as such other functions as are assigned to the Commission by the Common Council from time to time.

Make recommendations on the award of City facility contracts, leases and agreements, including, but not limited to, private partnerships. Staff shall administratively review and approve of the specifications of the project.

The Commission shall advise the City Council on matters of the Urban Forestry Program. The Urban Forestry Program shall include plans and policies for planting, maintenance, and removal of trees located in City parks, public areas, and rights-of-way and educating citizens about the City's tree resources.

The Parks, Buildings and Grounds Commission may establish subcommittees or ad hoc committees for purposes of addressing issues within the scope of the authority of the Commission hereunder. The Commission may establish bylaws from time to time to govern its operation and the conduct of its work as it shall deem advisable.

The Commission shall submit to the Council an estimate of its expenditures for the ensuing year on the time frame outlined by the City's financial policies. Such amounts as shall be approved by the Common Council shall be included in the City budget.

Editor's Note: This ordinance was originally adopted as Ord. No. 2535 but was renumbered 8-25-2015 by Res. No. 15-31 because Ord. No. 2535 had already been used.

§ 6-31 Recreation Commission.

[Added 7-28-2015 by Ord. No. 2550[1]]

Membership. The Recreation Commission shall report to the Common Council and shall consist of five members, one being a Common Council member, who shall be appointed annually by the Common Council President commencing May 1 of each year; one New Berlin school district representative; and three citizen members shall be appointed by the Mayor and confirmed by the Common Council. The terms for these appointees shall be three years, except that when the initial appointments are made, one member shall be appointed for one year, one member for two years, and one member for three years.

Duties. The duties of the Recreation Commission shall be as follows:

To oversee the management of all recreational facilities, including fees, scheduling and programming.

Make recommendations on contracts, leases and agreements involving recreation programming and leasing of equipment.

The Commission shall submit to the Council an estimate of its expenditures for the ensuing year on the time frame outlined by the City's financial policies. Such amounts shall be approved by the Council and included in the City budget.

The Commission shall submit to the Council at its first regular meeting in March of each year a report on the activities of the Commission during the preceding year.

Editor's Note: This ordinance was originally adopted as Ord. No. 2535 but was renumbered 8-25-2015 by Res. No. 15-31 because Ord. No. 2535 had already been used.

§ 6-32 Golf Course Commission.

[Added 7-28-2015 by Ord. No. 2550[1]]

Membership. The Golf Course Commission shall report to the Common Council and shall consist of seven members as follows: one Council member, who shall be appointed annually by the Common Council President, commencing May 1 of each year; one citizen member of the Parks, Buildings and Grounds Commission, who shall be appointed annually by the Mayor subject to Common Council confirmation; the golf course lessee's representative; and four citizen members appointed by the Mayor and confirmed by the Common Council. Citizen member terms of office shall be three years except that when the initial appointments are made, two members shall be appointed for two years and two members for three years.

[Amended 6-22-2021 by Ord. No. 2650]

Management. The Commission shall oversee all matters related to the New Berlin Hills Golf Course. This includes the maintenance and operation of the course, as well as the recommendation of established fees.

Editor's Note: This ordinance was originally adopted as Ord. No. 2535 but was renumbered 8-25-2015 by Res. No. 15-31 because Ord. No. 2535 had already been used.

§ 6-33 Tourism Commission.

[Added 10-11-2016 by Ord. No. 2578]

In accordance with § 66.0615, Wis. Stats., the City of New Berlin does hereby create a Tourism Commission which will oversee the collection and expenditure of room tax revenue and to make allowable expenditures for tourism promotion and tourism development. Said expenditures shall be made by contracting with a tourism entity as defined under § 66.0615(lm)(a), Wis. Stats.

The Tourism Commission shall contain four members appointed by the Mayor, and one Alderman appointed by the Council President, and confirmed by a majority of the Common Council. The Members of the Commission shall serve one year terms and not less than one Member of the Commission must represent the Wisconsin Hotel and Motel Industry.

Tourism Commission duties. The Members of the Commission shall elect a Chairperson, a Vice Chairperson and Treasurer.

The Commission shall monitor the collection of the room tax. The Commission shall report any delinquencies or inaccurate reporting to the Common Council. The Tourism Commission shall enter into a contract with a tourism entity as defined under the Statute, and shall ensure that the money distributed to the tourism entity shall be used for tourism promotion and tourism development as defined in § 66.0615, Wis. Stats.

Effective date. The Tourism Commission shall perform its duties commencing with room tax collected January 1, 2017, and thereafter.

The Tourism Commission shall make the reports required under § 66.0615, Wis. Stats., to the State of Wisconsin Department of Revenue.

§ 6-34 Holding over for appointed positions prohibited.

[Added 8-10-2010 by Charter Ord. No. 10]

Appointees to City of New Berlin boards, commissions and agencies shall conclude their service to the City at the end of the term to which they were appointed. Appointees to City of New Berlin boards, commissions and agencies may not hold over following the completion of their terms despite the fact that a successor has not yet been appointed or duly qualified, This provision shall not apply to appointees to elected positions.

§ 6-35 Negotiating Committee.

[Added 7-24-2018 by Ord. No. 2609]

Membership. The Negotiating Committee consists of three voting members as follows: the Mayor, the Council President and another Alderman appointed annually by the Council President. In addition, the Director of Administrative Services, the Director of Finance and the City's Labor Attorney shall serve as advisors to the Committee.

Functions and duties. The Committee shall negotiate union contracts while following the direction of the Common Council. The Committee reports to Council and assists Council in the negotiations for the affected unions. The Negotiating Committee will not agree to any terms without the Common Council's approval.

§ 6-36 Electronic meetings.

[Added 6-22-2021 by Ord. No. 2651]

Upon either the declaration of an emergency per § 24-6 or upon a two-thirds vote of the Common Council/Committee at a prior meeting, regular or special meetings of the Common Council/Committee may be held by electronic means. For purposes of this section, "electronic means" is defined as a full-featured internet meeting which allows for the live broadcast and interface of the audio and video of all members, participants, and viewers. Meetings held by electronic means due to a declaration of an emergency per § 24-6 may be held by electronic means until the expiration of such emergency declaration. When no such emergency declaration exists, a motion by a Council member exercising the option under this section to hold meetings by electronic means shall specify, by date, which meetings the Council/Committee authorizes to be held by electronic means.

Conduct of Common Council/Committee meetings by electronic means. When conducting meetings by electronic means, such meetings shall be conducted in strict accordance with this section.

The Council/Committee meeting shall be conducted using an electronic platform or technology chosen in the discretion of the City Clerk, who may consult with the City Attorney to ensure the platform or technology complies with the applicable Open Meetings Law,[1] after considering the following factors:

(a)

Whether the platform or technology enables reliable two-way communication.

(b)

Whether the technology allows remote participants to meaningfully participate in the electronic meeting.

(c)

Whether the platform or technology complies with the Wisconsin Open Meetings Law.

(d)

Whether the platform or technology allows all Council members, participants, and viewers to view and share documents so that they are able to be viewed by all those participating in the meeting.

(e)

Whether the platform or technology allows for simultaneous aural communication of the board members essential to the deliberative character of the meeting.

Editor's Note: See §§ 19.81 to 19.98, Wis. Stats.

Council meetings conducted by electronic means shall be conducted entirely by electronic means.

At the commencement of each meeting, the City Clerk shall take a roll call of all Council/Committee members for purposes of determining whether a quorum of the Council/Committee is present. Each member present shall audibly respond so that the Clerk may determine if a quorum is present. In the event a quorum is not present, the City Clerk shall audibly announce that fact to those participating in the meeting by electronic means.

If, at any time during the course of the meeting, two-way communication with a alderperson is lost or interrupted, the City Clerk shall make a reasonable attempt to reestablish two-way communication with the Council member. If, after making such reasonable attempt, two-way communication cannot be reestablished, the Clerk may cease efforts to reestablish two-way communication, and the meeting shall continue, provided a quorum still exists without the lost participant. Notwithstanding the foregoing, a Council member must have two-way communication firmly established throughout the entire discussion or debate on a specific item of business in order to be eligible to vote on any action related to that specific item of business. Should a Council member lose two-way communication for a substantial amount of time during discussion of a specific item of business, the applicable trustee is ineligible to vote on any action related to that specific item of business.