[HISTORY: Adopted by the Common Council of the City of Prescott
as Secs. 2-1-1 and 2-1-2 and Title 2, Ch. 2, of the former City Code.
Amendments noted where applicable.]
A.
Mayor-Council government. The City of Prescott is a body corporate
and politic with the powers of a municipality at common law and governed
by the provisions of Chapters 62 and 66 of the Wisconsin Statutes,
laws amending those chapters, other acts of the Legislature and the
Constitution of the State of Wisconsin. The City of Prescott operates
under the Mayor-Council form of government under Ch. 62, Wis. Stats.
B.
Division of responsibilities.
(1)
Legislative branch. The Common 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 Common
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.
He 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 shall preside at the meetings
of the Common Council. He shall from time to time give the Council
such information and recommend such measures as he may deem advantageous
to the City.
The Alderpersons of the City of Prescott 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.
[Amended 5-4-1992 by
Charter Ordinance; 9-12-2011 by Ord. No. 14-11; 4-8-2013 by Ord. No. 05-13]
A.
There shall be six Alderpersons elected to the Common Council, one
representing Wards 1 and 2, one representing Wards 3 and 4, one representing
Wards 5 and 6 and three members elected at large.
B.
The Alderperson for Wards 3 and 4 and Alderperson At Large No. 2
shall be elected in year one, the Alderperson for Wards 5 and 6 and
Alderperson At Large No. 3 shall be elected in year two. The Alderperson
for Wards 1 and 2 and Alderperson At Large No. 1 shall be elected
in year three. Each will serve a three-year term of office; year one
beginning with terms starting April 2014.
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.
(2)
The Mayor shall, from time to time, provide the Council 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.
C.
Veto power. The Mayor shall have veto power as to all acts of the
Council except such as to which it is expressly or by necessary implication
otherwise provided. All such acts shall be submitted to him/her by
the City Clerk 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
Clerk. If the Mayor disapproves, he/she shall file his/her objection
with the City Clerk, 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 by executive letter to the Common Council at least
seven days prior to the Council meeting at which such appointment
shall be made. In the event the Common Council by a majority vote
of the Council present at the meeting rejects the 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.[1]
(2)
In the event 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 Common Council may then nominate an appointee to such
position, subject to a majority vote of the Council present at the
meeting.
(3)
In the event 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 Common 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 Common 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 Clerk. 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 Common
Council in each year following the annual election, the Mayor shall
appoint three 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:
[Amended 11-14-2022 by Ord. No. 08-22]
B.
Committee appointments.
(1)
Committee appointments shall be made pursuant to § 120-4D. 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.
(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 Common 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 in writing, 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 Clerk 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 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.
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 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 Common Council may levy and provide for the collection
of taxes and special assessments; may refund any tax or special assessment
paid, or any part thereof, when satisfied that the same was unjust
or illegal; and generally 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 Common 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 Common Council
may appoint some person to discharge his/her duties until he/she returns
or such disability has ended.
The Common 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 Common Council has the power to preserve order at its meetings,
compel attendance of Alderpersons and punish nonattendance. The Common
Council shall be judge of the election and qualification of its members.
The Mayor and Alderpersons 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
or per diem compensation be paid the Mayor and Alderpersons.
[Amended 4-28-2014 by Ord. No. 05-14]
A.
Annual organization meeting. Following a regular City election, the
Common Council shall meet on the third Tuesday of April for the purpose
of organization.
B.
Meetings. Regular meetings of the Common Council shall be held on
the second and fourth Mondays of each calendar month, at a time agreed
upon by the Council at the annual organization meeting. Any regular
meeting falling on a legal holiday shall be rescheduled or canceled
by a majority vote of those present at the meeting immediately prior
to the meeting falling on a legal holiday. All meetings of the Common
Council, including special and adjourned meetings, shall be held in
the Prescott City Hall.
A.
Special meetings may be called by the Mayor or by two Alderpersons
upon written notice of the time and purpose thereof to each member
of the Council delivered to him or her personally or left at his or
her usual place of abode at least six hours before the meeting. The
City Clerk shall cause an affidavit of service of such notice to be
filed in his or her office prior to the time fixed for such special
meeting. 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[1] are complied with. If written consent is obtained, it
shall be filed with the City Clerk prior to the beginning of the meeting.
Attendance by any Council member shall be deemed a waiver on the member's
part of any defect of notice. Any special meeting attended by all
Alderpersons shall be a regular meeting for the transaction of any
business that may come before such meeting.[2]
B.
Nongovernmental parties requesting a special meeting of the Council
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 Common Council, committees thereof, and City boards, committees
and commissions shall be open to the public.
A.
Four members or more of the Common Council shall constitute a quorum,
but a lesser number may adjourn if a majority is not present or compel
the attendance of absent members. The Mayor shall not be counted in
computing a quorum. No action shall be taken unless a quorum is present.
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
Common 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 signature, when necessary, all ordinances, resolutions,
orders and proceedings of the meetings of the Council over which he
presides.
(10)
Preserve order and decorum; speak to points of order in preference
to others, rising from his 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 Clerk.
All matters to be considered at a regular or special Council meeting
shall be submitted to the City Clerk at least by noon of the day prior
to the meeting. All copies of the agenda shall be forwarded by the
City Clerk to the representatives of the media who have requested
meeting agendas under the Open Meeting Law as part of his 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)
Unfinished business remaining from preceding sessions in the order
in which it was introduced.
(5)
New business.
(6)
Reports of standing committees, including introduction of ordinances.
(7)
Communications.
(8)
Adjournment.
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 Clerk 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 Clerk shall superintend the publication of the same. Any written material introduced may be referred to the appropriate committee pursuant to § 120-6; 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 the purpose
to amend or repeal.
C.
Notice.
(1)
The Common 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 Clerk in written form not later than
5:00 p.m. on the Wednesday prior to the regular or special Council
meeting at which action is requested.
A.
At its annual organizational meeting, the Common Council shall designate
an official City newspaper, and all ordinances, notices and proceedings
of the City required by law to be published shall be published herein,
except where legal posting is utilized.
B.
All general ordinances of the City and all regulations imposing any
penalty shall be published in the official newspaper of the City and
shall be immediately recorded, with the affidavit of publication,
by the City Clerk in a book kept for that purpose. The ordinance or
regulation shall be published either in its entirety as a Class 1
notice under Ch. 985, Wis. Stats., or as a notice as described under
§ 62.11(4)(c), Wis. Stats., within 15 days of passage. 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 Common Council shall be prima facie proof of due
passage, publication and recording thereof.[1]
C.
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.
D.
The City Code of Ordinances shall be kept currently to date, and
upon passage of any ordinance, the Clerk shall provide for incorporation
of the same into the ordinance code.
A.
Roll call. When the presiding officer shall have called the members to order, the presiding officer shall proceed to call the roll in seating 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 §§ 120-12 and 120-13.
B.
Meeting attendance. All members of the Common 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 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 Clerk in advance of such meeting, explaining the
reason for his absence and, upon complying with this requirement,
such members shall be duly excused from attending said meeting.
C.
Recognition for debate.
(1)
When a member is to speak in debate, or deliver any matter to the
Council, he shall respectfully address himself to the presiding officer,
and confine his 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. 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 Clerk shall call the roll according to seating order,
with subsequent roll call votes commencing with the next Alderperson,
and each subsequent call of roll shall begin with the name of the
Alderperson next on said alphabetical list of Alderpersons; such order
of roll call shall be followed until the list of Alderpersons has
been completed. Each time the list has been completed, the City Clerk
shall again start on top of the seating order list and proceed on
down through the list.[1]
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.
Precedence of motions. No motion shall be discussed or acted upon
until it has been seconded; nor shall any motion be withdrawn without
the consent of the person making the same and the person seconding
it. When a question is under discussion, the following motions shall
have precedence in the order listed:
G.
Rules of parliamentary procedure. The rules of parliamentary practice
in Robert's Rules of Order, 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.[2]
H.
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.
I.
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 the pending amendment and then upon the main question.
J.
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.
K.
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.
A.
Abandonment of office by a Council member or Mayor may be considered
a form of resignation.
B.
The determination as to whether a Council member or Mayor has abandoned
his/her office must be determined on a case-by-case basis.
C.
If a Council member or Mayor does not attend any Council meetings,
meetings of committees to which members have been appointed, and special
meetings when duly notified thereof for a period of 90 days, the Common
Council may find that the Council member or Mayor has abandoned the
office.
D.
If the Common Council believes that the absent Council member or
Mayor has abandoned the office, it can pass a resolution making this
finding.
E.
Prior to passing a resolution finding that a Council member or Mayor
has abandoned the office, the Common Council must give the absent
Council member notice and an opportunity to be heard.