[HISTORY: Adopted by the City Council of
the City of Weyauwega 5-21-2001 by Ord. No. 2001-01 as §§ 2-1-1
and 2-1-2 and Title 2, Ch. 2 of the 2001 Code. Amendments noted where
applicable.]
A.
Mayor-Council government. The City of Weyauwega is
a body corporate and politic with the powers of a municipality at
common law and governed by the provisions of Chs. 62 and 66, Wis.
Stats., laws amending those chapters, other acts of the legislature
and the Constitution of the State of Wisconsin. The City of Weyauwega
operates under the Mayor-Council form of government under Ch. 62,
Wis. Stats.
B.
Division of responsibilities.
(1)
Legislative branch. The City Council is the legislative
branch of City government. Its primary business is the passage of
laws in the form of ordinances or resolutions which shall prescribe
what the law shall be, not only in relation to the particular facts
existing at the time but as to all future cases arising under it.
The City Council shall establish the salaries of all officers and
employees of the City and be charged with the official management
of the City's financial affairs, its budget, its revenues and the
raising of funds necessary for the operation of the City.
(2)
Executive branch. The Mayor shall be the chief executive
officer. The Mayor shall take care that all City ordinances and state
laws are observed and enforced and that all City officers, boards,
committees and commissions discharge their duties. When present, he/she
shall preside at the meetings of the City Council. The Mayor shall
from time to time give the Council such information and recommend
such measures as he/she may deem advantageous to the City.
The County Post - West is hereby designated
as the official newspaper of the City of Weyauwega, Wisconsin, and
all ordinances, notices and proceedings of said City required by law
to be published shall be published in the official newspaper.
The Alderpersons of the City of Weyauwega shall
constitute the City Council. The City 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.
A.
Election; term; number. The City shall have six Alderpersons
in addition to the Mayor, who is a member of the City Council by virtue
of his/her office as Mayor. The six Alderpersons shall constitute
the City Council. The six Alderpersons shall be elected for a term
of two years, three in odd-numbered years and three in even-numbered
years.
B.
Appointment as Mayor. An Alderperson shall be eligible
for appointment as Mayor to fill an unexpired term.
A.
Election. The Mayor shall be elected in even-numbered
years for a term of two years.
C.
Veto power. The Mayor shall have the veto power as
to all acts of the Council except such as to which it is expressly
or by necessary implications otherwise provided. All such acts shall
be submitted to him/her by the City Administrator and shall be enforced
upon his/her approval, evidenced by his/her signature, or upon his/her
failing to approve or disapprove within five days, which fact shall
be certified thereon by the City Administrator. If the Mayor disapproves,
he/she shall file his/her objection with the City Administrator, who
shall present it to the Council at its next regular meeting. A two-thirds
vote of all the members of the Council shall be necessary to make
the act effective, notwithstanding the objection of the Mayor.
D.
Mayoral appointments.
(1)
Wherever in this Code of Ordinances the Mayor is required
to appoint citizens to committees, commissions and/or boards, the
Mayor shall give written notice naming the appointees to be nominated
by executive letter to the City Council at least three days prior
to the Council meeting at which such appointment shall be made. In
the event the City Council rejects a Mayor's appointment, the same
name may not be submitted for the same job for a period of 12 months
after the refusal of such appointment.
(2)
In the event that a vacancy occurs in any committee,
board or commission requiring the appointment of a citizen member
and the Mayor does not nominate a successor thereof for a period of
60 days after the vacancy occurs, the City Council may then nominate
an appointee to such position, subject to the approval of the Mayor.
(3)
In the event that the Council, by parliamentary practice,
tables an appointment by the Mayor, such tabling action shall be effective
for that meeting, but at the next regular meeting of the City Council
such appointment shall be on the meeting agenda for further consideration,
and the particular appointment involved may not be tabled a second
time.
The City Council at its first meeting subsequent
to the regular election and qualification of new members shall, after
organization, annually choose from its members a President who, in
the absence of the Mayor, shall preside at meetings of the Council
and, during the absence or inability of the Mayor, shall have the
powers and duties of the Mayor, except that he/she shall not have
power to approve an act of the Council which the Mayor has disapproved
by filing objections with the City Administrator. He/she shall, when
so officiating, be styled "Acting Mayor." The President of the Council
shall be elected for a one-year term of office.
A.
Standing committees. At the organizational meeting
of the City Council in each year following the annual election, the
Mayor shall appoint three or more Alderpersons to each of the following
committees, subject to Council confirmation, which shall have such
duties and responsibilities as prescribed by the Mayor and this Code
of Ordinances and to make whatever recommendations to the Council
as they deem appropriate or as may be directed by the Council:
B.
Committee appointments.
(1)
Committee appointments shall be pursuant to § 95-5D. The Chairperson of each committee shall be designated by the Mayor. Each member shall serve as appointed unless excused by a majority of the members of the Council. All Alderpersons shall serve on at least one standing committee. The Mayor shall be an ex officio member of each standing committee with no voting rights.
[Amended 10-17-2011 by Ord. No. 2011-8]
(2)
The Mayor may declare the entire Council a committee
of the whole for informal discussion at any meeting or for any other
purpose and shall ex officio be Chairperson of the same.
(3)
The Mayor may, from time to time, appoint such special
committee or committees as he may deem advisable or as provided for
by motion or resolution stating the number of members and object thereof
to perform such duties as may be assigned to them.
C.
Reference and reports.
(1)
The Mayor shall refer new business coming before the
City Council to the appropriate committee, unless otherwise referred
or disposed of by motion of the Council.
(2)
The committee to which any matter is referred shall
report its recommendation thereon at the first regular meeting after
such reference, unless there is no objection by the Council to further
time being taken. Action on the report of a committee shall be deferred
until the next regular meeting by the request of three Alderpersons
present. Members dissenting from a report of a committee shall be
so reported when they request it.
(3)
The Chairperson of the committee shall report verbally
to the Council at the meeting at which the report of the committee
is to be made. Adoption of the committee report shall comprise final
Council action on any ordinance, resolution or other matter recommended
for adoption by the committee report.
(4)
Formal committee recommendations will be placed on
the agenda for Council action only if they are submitted to the City
Administrator in written form by 12:00 noon of the Friday prior to
the meeting at which action is requested.
D.
Cooperation of City officers. All City officers shall,
upon request of the Chairperson of the committee, confer with the
committee and supply to it such information as may be requested in
connection with any matter pending before the committee.
A.
General. The City Council shall be vested with all
the powers of the City not specifically given some other officer.
Except as otherwise provided by law, the City 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 City 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 City Council and in furtherance thereof,
the Council is expressly authorized to acquire by gift, purchase or
condemnation under Ch. 32, Wis. Stats., any and all property rights
in lands or waters, including rights of access and use, negative or
positive easements, 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 § 62.23, Wis. Stats., and
may sell and convey such easements or property rights when no longer
needed for public use or protection.
D.
City finances. The City Council may levy and provide
for the collection of taxes and special assessments, may refund any
tax or special assessment paid, or any part thereof, when satisfied
that the same was unjust or illegal, and generally may manage the
City finances.
E.
Construction of powers. Consistent with the purpose
of giving to cities the largest measure of self-government in accordance
with the spirit of the home rule amendment to the Constitution, the
grants of power to the City Council in this section and throughout
this Code of Ordinances shall be liberally construed in favor of the
rights, powers and privileges of cities to promote the general welfare,
peace, good order and prosperity of the City and its inhabitants.
F.
Vacancies. Pursuant to § 62.09(5), Wis.
Stats., if any officer is incapacitated or absent for any cause, the
City Council may appoint some person to discharge his/her duties until
he/she returns or such disability has ended.
The City Council, on behalf of the City, may
join with other villages, towns, or cities or other governmental entities
in a cooperative arrangement for executing any power or duty in order
to attain greater economy or efficiency, including joint employment
of appointive officers and employees and joint purchasing programs.
The City Council has the power to preserve order
at its meetings, compel attendance of Alderpersons and punish nonattendance.
The City Council shall be judge of the election and qualification
of its members.
A.
Salary determination. The Mayor and Alderpersons who
make up the City Council, whether operating under general or special
law, may, by majority vote of all the members of the City Council,
determine that an annual salary or per diem compensation be paid the
Mayor and Alderpersons. Salaries heretofore established shall so remain
until changed by ordinance and shall not be increased or diminished
during their terms of office.
B.
Establishment of salaries for elected officials.
(1)
The salary of the Mayor of the City of Weyauwega is
hereby fixed at the sum of $2,500 per year, and the salary of each
Alderperson of the City is fixed at the sum of $1,000 per year.
[Amended 3-19-2007 by Ord. No. 2007-02]
(2)
The salaries of the Mayor and City Council shall be paid annually
in April at the end of terms. In the event that an official does not
serve a full year/term, fixed sum salary compensation will be prorated
and paid based on actual time served during the applicable year.
[Amended 11-21-2016 by Ord. No. 2016-4]
(3)
All
council members attending meetings of committees of which they are
standing members shall receive a $25 per-diem. The Mayor attending
commission or committee meetings of which he/she is a standing member
shall receive a $25 per-diem.
[Added 10-18-2010 by Ord. No. 2010-05]
A.
Annual organization meeting. Following a regular City
election, the City Council shall meet on the third Tuesday of April
or at the next Council meeting after that date for the purpose of
organization.
B.
Regular meetings. Regular meetings of the City Council
shall be held on the third Monday of each calendar month at 6:30 p.m.
Any regular meeting falling on a legal holiday shall be rescheduled
or cancelled by a majority vote of those present at the meeting immediately
prior to the meeting falling on a legal holiday. All meetings of the
City Council, including special adjourned or committee as a whole
meetings of the City Council, shall be held in the Weyauwega City
Hall, unless otherwise noticed.
[Amended 4-18-2023 by Ord. No. 2023-2]
C.
Committee. The Council may meet as a committee as a whole to discuss issues of importance to the City when requested by the Mayor and noticed as provided in § 95-14 of this Code. The Council may also schedule committee as a whole meetings at a regular or special Council meeting. All actions of the committee of the whole, be they deliberations or recommendations, shall thereafter be voted on at a regular or special meeting of the Council before such action is authorized or approved.
[Added 4-18-2023 by Ord. No. 2023-2]
A.
Special meetings may be called by the Mayor upon written
notice of the time and purpose thereof to each member of the Council
delivered to him/her personally or left at his/her usual place of
abode at least six hours before the meeting. The City Administrator
shall cause an affidavit of service of such notice to be filed in
his/her office prior to the time fixed for such special meeting. Special
meetings shall comply with the notice provisions of the Wisconsin
Open Meeting Law.[1] In addition, a special meeting may be called by a written
request signed by two Alderpersons, which written notice for said
special meeting shall be delivered to every member of the Council
and the Mayor personally or left at or mailed to their abode at least
24 hours before said meeting being called. If written consent is obtained,
it shall be filed with the City Administrator prior to the beginning
of the meeting.
[1]
Editor's Note: See §§ 19.81
to 19.98, Wis. Stats.
B.
Nongovernmental parties requesting a special meeting
of the Council or committees thereof shall pay a fee equivalent to
the Council's actual expenses for such meeting.
Except as provided in § 19.85, Wis.
Stats., all meetings of the City Council, committees thereof, and
City boards, committees and commissions shall be open to the public.
A.
A majority of the members-elect of the City Council
shall constitute a quorum for any regular or special meetings of the
Council or for any meeting of the Council as a committee as a whole.
A lesser number may adjourn if a majority is not present or may 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.
[Amended 4-18-2023 by Ord. No. 2023-3]
B.
The Council may, by a majority vote of those present,
adjourn from time to time to a specific date and hour.
A.
Presiding officer. The Mayor shall preside over all
meetings of the City Council. In the absence of the Mayor, the President
of the Council shall preside.
B.
Presiding officer; duties. The Mayor, President of
the Council, or the presiding officer, shall:
(1)
Open the session at the time fixed for the meeting,
or at the time to which adjournment may be had, by taking the Chair
and calling the members to order.
(2)
Announce, at the conclusion of the roll call, the
fact of the presence of a quorum, or not, as the case may be.
(3)
Announce the business before the Council in the order
in which it is to be acted upon.
(4)
Receive and submit, in proper manner, all motions
and propositions presented by members.
(5)
Put to vote the questions which are regularly moved
or which necessarily arise in the course of the proceedings and announce
the result.
(6)
Restrain the members while engaged in debate within
the rules of order.
(7)
Enforce on all occasions the observance of order and
decorum among the members.
(8)
Inform the Council when necessary, or when referred
to for that purpose, on any point of order or practice.
(9)
Authenticate, by his/her signature, when necessary,
all ordinances, resolutions, orders and proceedings of the meetings
of the Council over which he/she presides.
(10)
Preserve order and decorum, speak to points
of order in preference to others, rising from his/her seat for that
purpose, and decide questions of order, subject to an appeal by any
member.
(11)
Call a member to the Chair, but such substitution
shall not extend beyond an adjournment.
C.
Temporary absence of presiding officer. In the absence
of the Mayor and President of the Council, one of its members shall
be elected to preside temporarily until the return of the Mayor or
President.
A.
Order of business. At all regular meetings, the order
of business shall be according to the tentative agenda prepared by
the City Administrator. All matters to be considered at a regular
or special Council meeting shall be submitted to the City Administrator
at least by 12:000 noon of the Friday prior to the meeting. All copies
of the agenda shall be forwarded by the City Administrator to the
representatives of the media have requested meeting agendas under
the Open Meeting Law[1] as part of his/her notice of such public meeting and to
members of the Council. The following order may be observed in the
conduct of all meetings of the Council:
(1)
Call to order by presiding officer.
(2)
Roll call.
(3)
Reading, correction and approval of the minutes of
the last preceding meeting or meetings.
(4)
Public comment time (no action to be taken).
(5)
Reports of standing committees.
(6)
Unfinished business remaining from preceding sessions
in the order in which it was introduced.
(7)
New business, including introduction of ordinances.
(8)
Reports from the Mayor, City officials and department
heads.
(9)
Communications and miscellaneous business.
(10)
Adjournment.
[1]
Editor's Note: See §§ 19.81
to 19.98, Wis. Stats.
B.
Order to be followed. No business shall be taken up
out of order unless by unanimous consent of all Alderpersons and in
the absence of any debate whatsoever.
C.
Citizen comments. The Mayor or presiding officer shall
determine at what point in a meeting citizens will be called upon
to speak and may impose a limit on the length of time a citizen may
address the Council. A written form may be provided by the City Administrator
on which citizens may register to speak at a Council meeting. The
subject to be addressed and/or agenda item shall be indicated.
A.
Ordinances to be in writing. All ordinances submitted to the Council shall be in writing and be titled. Upon passage by the Council, the City Administrator shall superintend the publication of the same. Any written material introduced may be referred to the appropriate committee pursuant to § 95-7. Any member of the Council may require the reading in full of any ordinance or resolution at any time it is before the Council.
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.
Notice.
(1)
The City Council may take action on an ordinance only
if it appears on the written agenda for the meeting at which action
is requested.
(2)
Ordinances will be placed on the agenda for Council
action only if they are submitted to the City Administrator in written
form not later than 12:00 noon on the Friday prior to the regular
or special Council meeting at which action is requested.
A.
All general ordinances of the City and all regulations
imposing any penalty shall be published in the official paper of the
City once within 15 days of passage and shall be immediately recorded,
with the affidavit of publication, by the City Administrator in a
book kept for that purpose. A printed copy of such ordinance or regulation
in any book, pamphlet or newspaper and published or purporting to
be published therein by direction of the City Council 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.
C.
The City Code of Ordinances shall be kept current
to date, and upon passage of any ordinance the City Administrator
shall provide for incorporation of the same into the Code.
A.
Roll call. When the presiding officer shall have called the members to order, the City Administrator shall proceed to call the roll in rotating order, noting who is present and who is absent. If, after having gone through the call, it shall appear that a quorum is not present, the fact shall be entered in the minutes, and the members present may adjourn to a later date in the month. If they do not, the Council shall stand adjourned to the time appointed for the next regular meeting unless a special meeting is called sooner as provided by the Wisconsin Statutes or §§ 95-13 and 95-14.
B.
Meeting attendance. All members of the City Council
shall attend all Council meetings, meetings of committees to which
members have been appointed, and special or adjourned meetings when
duly notified thereof. A member who does not appear in answer to his/her
name when the roll is called at any regular meeting or any special
or adjourned meeting when notified thereof shall be marked absent.
Any member seeking to be excused from attending any regular or special
meeting must notify the Mayor or City Administrator in advance of
such meeting, explaining the reason for his/her absence, and, upon
complying with this requirement, such members shall be duly excused
from attending said meeting. An Alderperson shall be physically present
at the meeting in order to vote at such meeting.
C.
Recognition for debate.
(1)
When a member is to speak in debate or deliver any
matter to the Council, he/she shall respectfully address himself/herself
to the presiding officer and confine his/her remarks to the question
under debate and avoid personalities.
(2)
When two or more members address the presiding officer
at the same time, the presiding officer shall name the member who
is to speak first.
D.
Roll call vote procedure.
(1)
The ayes and nays shall be ordered upon any question
at the request of any member of the Council or the Mayor, and the
City Administrator shall call the roll starting with the Alderperson
according to seating order; on the next call of the roll, at the same
or any subsequent meeting, the Administrator shall start with the
Alderperson whose name appears next on said seating order, and each
subsequent call of roll shall begin with the name of the Alderperson
next in seating order.
(2)
The Mayor shall not vote except in the case of a tie.
When the Mayor does vote in case of tie, his/her 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.
E.
Reconsideration. When a motion has been decided, it
shall be in order for any member who voted in the majority to move
a reconsideration thereof at the same or next succeeding meeting,
and the Mayor shall call for a roll call of the Alderpersons. If a
majority of the members present shall be in favor of a reconsideration,
the subject shall be before the Council for further action.
F.
Motions with preference. During any meeting of the
City Council certain motions will have preference. In order of precedence
they are:
(1)
Motion to adjourn. This motion can be made at any
time and has first precedence. This is a nondebatable motion.
(2)
Motion to lay on the table. This motion may be made
when the subject matter appropriate for tabling is to be debated or
discussed. This motion is a nondebatable motion.
(3)
Motion to call previous question. This motion may
be made at any time after the debate or discussion commences related
to an action item, business item, motion or question that is properly
before the City Council. This motion is a nondebatable motion. This
motion, if adopted, ends the debate and discussion at the meeting
on the action item, business item, motion or question. The motion,
if adopted, brings the City Council to a direct vote with the first
vote on amendments, if any, and then to the main action item, business
item, motion or question.
(4)
Motion to postpone to a date certain. This motion
may be made at any time after the debate or discussion commences on
an action item, business item, motion or question that is properly
before the City Council. This motion is debatable. This motion, if
adopted, ends the debate and discussion at the meeting on the action
item, business item, motion or question. This motion must establish
a date and time certain when the debate and discussion before the
City Council will continue. The date and time established must be
on a date and time for a regularly scheduled or special meeting of
the City Council.
(5)
Motion to a committee. This motion may be made at
any time after the debate or discussion commences on an action item,
business item, motion or question that is properly before the City
Council. The motion is debatable. This motion, if adopted, ends the
debate and discussion at the meeting on the action item, business
item, motion or question. This motion, if adopted, forwards the action
item, business item, motion or question to a committee for further
review and discussion. The committee must be a committee of the City
Council.
(6)
Motion to amend or divide the question. This motion
may be made at any time after the debate or discussion commences on
the action item, business item, motion or question properly before
the City Council. The motion is debatable. This motion, if adopted,
divides the main action item, main business item, main motion or main
question pursuant to the method described and adopted in the motion
to divide.
(7)
Motion to postpone indefinitely. This motion may be
made at any time after the debate or discussion commences on the action
item, business item, motion or question properly before the City Council.
This motion is debatable. This motion, if adopted, ends the debate
and discussion at the meeting on the action item, business item, motion
or question.
(8)
Motion to introduce a matter related to the action
item, business item, motion or question. This motion may be made at
any time after the debate or discussion commences on the action item,
business item, motion or question properly before the City Council.
This motion is debatable. This motion, if adopted, expands or adds
to the debate and discussion new items related to the main action
item, main business item, main motion or main question pursuant to
the method described and approved in the motion to introduce a matter
related.
G.
Public votes. No member of the City Council shall
request, at a meeting of the City Council, a vote from the general
public unless the proposed vote of the general public is so noted
by the presiding officer of the meeting as strictly an advisory vote
to the Council. Any vote taken by the general public at a meeting
of the City Council shall be considered by the Council only as an
advisory vote and shall not be considered as a directory vote.
H.
Rules of parliamentary procedure. The rules of parliamentary
practice in Robert's Rules of Order (latest edition), which is hereby
incorporated by reference, shall govern the proceedings of the Council
in all cases to which they are applicable and in which they are not
inconsistent with these rules or with the laws of the State of Wisconsin.[1]
I.
Reconsideration of questions. It shall be in order
for any member, if in the majority, to move for the reconsideration
of any vote in question at the same meeting or at the next succeeding
regular adjourned meeting. A motion to reconsider being put and lost
shall not be renewed.
J.
Call for the previous question. Any member desirous
of terminating the debate may call the previous question when the
question announced by the Mayor shall be "call the main question."
If a majority of the members present vote in the affirmative, the
main question shall be put to a vote without further debate, and its
effect shall be to put an end to all debate and bring the Council
to a direct vote, first upon any pending amendment and then upon the
main question.
K.
Amendment of rules. The rules of this section shall
not be rescinded or amended unless the proposed amendment or motion
to rescind has laid over from a regular meeting, and then it shall
require a vote of 2/3 of all the members of the Council.
L.
Suspension of rules. Any of the provisions of this
section may be suspended temporarily by a recorded vote of 2/3 of
the Council members present at any meeting.
The following procedures shall be followed at
public hearings and may also be followed when citizen input is necessary
during regular items of business before the City Council:
A.
The presiding officer shall generally call on those
persons who wish to speak on the matter or call initially on those
persons who wish to speak for the proposition. Each person wishing
to speak for the proposition shall give his or her name and address.
B.
Each person speaking initially on the matter or specifically
on behalf of the proposition shall be limited in time to five minutes.
C.
The presiding officer shall then call on those persons
who wish to oppose the proposition if the presiding officer has first
asked for only those favoring the proposition to speak.
D.
Each such person speaking in opposition to the proposition
shall give his or her name and address and shall also be limited to
five minutes.
E.
Any person wishing to speak in rebuttal to any statements
made may, with the permission of the presiding officer, do so; provided,
however, that such rebuttal statement shall be limited to three minutes
by any one individual.
F.
When the presiding officer in his/her discretion is
satisfied that the proposition has been heard, he/she shall announce
the fact that the hearing is concluded.