City of Markesan, WI
Green Lake County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Markesan as Ch. 2 of the 1991 Municipal Code. Amendments noted where applicable.]
GENERAL REFERENCES
Finance and taxation — See Ch. 50.
Officers and employees — See Ch. 78.
A. 
The Mayor and six Alderpersons shall constitute the Common Council. See § 78-2 of this Code.
B. 
The Mayor shall be the chief executive officer of the City. He shall have the powers and duties prescribed in Ch. 62, Wis. Stats., and applicable sections of the Wisconsin Statutes.
C. 
The Common Council shall be the judge of the election and qualification of its members, may compel their attendance, and may fine or expel members for neglect of duty. (See § 62.11(3), Wis. Stats.)
D. 
At its first meeting subsequent to the regular election and qualification of new members, the Common Council shall, after organization, choose from its members a President, who, in the absence of the Mayor, shall preside at meetings of the Common Council and, during the absence or inability of the Mayor, shall have the powers and duties of the Mayor, except that he shall not have power to approve an act of the Common Council which the Mayor has disapproved by filing objections with the Clerk-Treasurer. He shall, when so officiating, be styled "Acting Mayor."
A. 
Annual organizational meeting. The Common Council shall meet annually on the third Tuesday of April for the purpose of organization.
B. 
Regular meetings. The regular meetings of the Common Council shall be held in the Common Council Room in the City Hall on the second Tuesday of each month at 7:00 p.m., except that when the day for holding any regular meeting shall be a legal holiday, the regular meeting shall be held on the next following secular day at the same place and hour unless otherwise determined by the Common Council.
C. 
Special meetings.
(1) 
Special meetings of the Common Council may be called by the Mayor, or in his absence, the President of the Common Council, at such time as he may appoint, by written notice of the purpose and time thereof to each member delivered to him personally or left at his usual place of abode, at least six hours before the meeting.
(2) 
Upon petition of three or more of the members of the Common Council, the Mayor, or in his absence the President of the Common Council, shall call a special meeting of the Common Council.
(3) 
In addition to all other notice requirements, the requirement of Subsection E below shall be complied with.
D. 
Adjournments. Any regular or special meeting may be adjourned by a majority of the members present, but no adjournment shall be made to a time later than the next regular meeting.
E. 
Open meetings. Except as provided in § 19.85, Wis. Stats., all meetings of the Common Council or of any City board, commission, committee or otherwise designated formally constituted subunit of City government shall be open sessions as defined by § 19.82, Wis. Stats. Pursuant to § 19.84, Wis. Stats., notice of all meetings shall be given as to time, place and subject matter not less than 24 hours prior to the commencement of such meetings unless for good cause such notice is impossible or impractical, in which case shorter notice may be given, but in no event less than two hours in advance of the meeting. In addition, such notice shall be posted for a like period on the City Hall bulletin board. The subject matter of all closed sessions shall be announced by the Mayor and a roll call vote taken on the motion to go into closed session so as to comply with the requirements of § 19.85, Wis. Stats.
A. 
Call to order. The Mayor, or in his absence the President of the Common Council, shall promptly call each meeting of the Common Council to order at the hour fixed for the holding of such meeting. In case of the absence of the Mayor and the President, the Clerk-Treasurer shall call the meeting to order and the Alderpersons present shall elect one of their number President Pro Tem. In the absence of the Clerk-Treasurer, the Mayor shall appoint a Clerk for that meeting.
B. 
Roll call. After the presiding officer calls the meeting to order, the Clerk-Treasurer shall call the roll.
C. 
Order of business. At all meetings, the following order shall be observed in disposing of business before the Common Council unless otherwise provided in the agenda:
(1) 
Call to order.
(2) 
Roll call.
(3) 
Citizens' comments.
(4) 
Approval of previous minutes.
(5) 
Treasurer's report.
(6) 
Police report.
(7) 
Reports of committees, commissions, boards, the Clerk-Treasurer and the Mayor.
(8) 
Approval of claims.
(9) 
Unfinished business.
(10) 
New business, including introduction of ordinances.[1]
[1]
Editor's Note: Original Section 2.03(3)(k), Miscellaneous business, which immediately followed this subsection, was repealed 4-14-2015 by Ord. No. 233.
(11) 
Adjournment.
D. 
Business taken in order; exception. No business shall be taken up out of said order except by either unanimous consent and without debate or by 2/3 vote under suspension of the rules as provided in § 23-4O of this chapter.
The standing rules for the government of the Common Council shall be as follows:
A. 
Introduction of business.
(1) 
All ordinances, resolutions or other communications shall be delivered to the Clerk-Treasurer and entered on the minutes. The Mayor shall refer the ordinance, resolution or communication to the appropriate committee or to the appropriate place on the agenda. The committee to which any matter shall be referred shall report thereon no later than the second regular meeting after such reference unless there is no objection by the Common Council to further time being taken.
[Amended 4-14-2015 by Ord. No. 233]
(2) 
Unless otherwise provided in these rules, no ordinance or resolution, having once been defeated, may again be introduced in the same or in substantially similar form until the expiration of 30 days from the date when such ordinance or resolution was defeated. (See also Subsection H below.)
B. 
Questions of order. The presiding officer shall decide all questions of order, subject to an appeal to the Common Council. No appeal shall be debatable and the appeal may be sustained by a majority of the members.
C. 
Presiding officer to preserve order. It shall be the duty of the presiding officer to preserve decorum. If any member transgresses the rules of the Common Council, the presiding officer shall, or any member may, call such offending member to order, in which case the member called to order shall immediately be silent, unless permitted to explain, and the Common Council, if appealed to, shall decide the matter. If any member is not recognized by the presiding officer, he may appeal to the Common Council to be heard and the Common Council shall decide, by a majority vote, whether the member shall be heard.
D. 
Motions.
(1) 
When a motion is made and seconded, it shall be deemed to be in the possession of the Common Council and shall be stated by the presiding officer, or, if written, shall be delivered to the Clerk-Treasurer and read by him before debate begins.
(2) 
Unless otherwise provided in these rules, the rules of order pertaining to motions shall be according to Robert's Rules of Order, Revised.
E. 
Division of question. Any member may call for a division of the question when the same will admit thereof and such division shall be made by the chair and a separate vote shall be taken on each division.
F. 
Debate.
(1) 
No member shall address the Common Council until he has been recognized by the presiding officer. When a member wishes to speak to a question or make a motion, he shall respectfully address the presiding officer. No member shall address the Common Council until he has been recognized by the presiding officer. When two or more members desire to address the presiding officer at the same time, the presiding officer shall designate the member who shall have the right to speak first. The presiding officer's determination on who shall speak first under this subsection shall be final.
(2) 
No member shall speak more than a total of 10 minutes on any question unless the Common Council, by a majority vote, shall grant an extension of time for a member to speak.
(3) 
When a question is under discussion, no action shall be in order except to adjourn, to lay on the table, to postpone to a certain day, to refer to a committee, to amend, or to postpone indefinitely. All such motions shall have precedence in the order listed.
(4) 
Any member wishing to terminate debate on a question may move to put the question before the Common Council. The presiding officer shall then state that the previous question has been moved and a vote shall be taken on whether the question shall be put to a vote. If a majority of the members vote in the affirmative, debate shall be terminated and the presiding officer shall then clearly state the question before the Common Council. The Common Council shall vote first upon pending amendments and then upon the main question.
G. 
Quorum; voting.
(1) 
Four members of the Common Council shall be a quorum. A lesser number than a quorum may compel the attendance of absent members and may adjourn. A majority of all the members present shall be necessary to a confirmation on all questions. In case of a tie, the Mayor shall have a vote. When the Mayor does vote in case of a tie, his vote shall be counted in determining whether a sufficient number of the Common Council has voted favorably or unfavorably on any measure. The Mayor shall not be counted in determining whether a quorum is present at a meeting. (See § 62.11, Wis. Stats.)
[Amended by Ord. No. 182]
(2) 
Unless approved by unanimous consent of the members, the ayes and noes shall be taken and recorded by roll call upon all questions before the Common Council. It shall not be in order for any member to explain his vote during such call. On confirmation and on the adoption of any measure assessing or levying taxes, appropriating or disbursing money, or creating any liability or charge against the City, or any fund thereof, the vote shall be by ayes and noes.
(3) 
All laws, ordinances, rules, resolutions and motions shall be passed by an affirmative vote of a majority of all the members of the Common Council present unless an extraordinary vote is otherwise required.
[Amended by Ord. No. 182]
(4) 
It shall be the duty of every member to express his opinion on a question by voting thereon; however, no member can be compelled to vote.
(5) 
The Mayor shall have the veto power as to all acts of the Common Council, except such as to which it is expressly or by necessary implication otherwise provided by Wisconsin law. All acts of the Common Council shall be submitted to the Mayor by the Clerk-Treasurer and shall be enforced upon approval evidenced by the Mayor's signature or upon failing to approve or disapprove within five days, which fact shall be certified thereon by the Clerk-Treasurer. If the Mayor disapproves, the Mayor's objection shall be filed with the Clerk-Treasurer, who shall present them to the Common Council at the next meeting. A 2/3 vote of all the members of the Common Council shall then be required to make the act effective notwithstanding the objections of the Mayor. If the last day for exercising a veto falls on a Sunday or a holiday, the Mayor may exercise a veto on the next succeeding secular day.
H. 
Reconsideration. It shall be in order for any member who voted in the affirmative on any question which was adopted, or for any member who voted in the negative when the vote is evenly divided, or for any member who voted in the negative when the number of affirmative votes was insufficient for adoption, to move a reconsideration of such vote at the same or next succeeding regular meeting of the Common Council. A new Common Council member shall succeed to the voting position of his predecessor. A motion to reconsider shall not be in order when the same result can be obtained by another motion.
I. 
Resolutions and ordinances. All resolutions and ordinances shall be presented in writing to the Common Council by a member of the Common Council. Whenever a resolution or ordinance shall be referred to a committee for consideration, such reference shall be made by the presiding officer without motion unless objected to by some member. Following passage of any ordinance, the Clerk-Treasurer shall cause the same to be published in the official City newspaper, as provided by § 62.11(4), Wis. Stats., unless the Common Council, by majority vote, directs the Clerk-Treasurer to cause the ordinance to be published pursuant to § 66.0103, Wis. Stats.
J. 
Common Council agenda. A proposed agenda, together with relevant materials and communications, shall be prepared by the Clerk-Treasurer and delivered to the Mayor, the Common Council members, and City officers required to attend regular meetings not later than 4:00 p.m. on the Friday prior to each regular Common Council meeting. A similar agenda shall be prepared and delivered for special meetings of the Common Council if time permits. The proposed agenda together with relevant materials and communications shall be available at the Clerk-Treasurer's office for public inspection and copying by 4:00 p.m. on the Monday immediately preceding the regular Common Council meeting. The agenda and materials for a special Common Council meeting shall be available as soon as prepared and assembled by the Clerk-Treasurer.
[Amended 4-14-2015 by Ord. No. 233]
K. 
Citizens' right to address Common Council.
(1) 
Any citizen shall have the right to speak on any action item of business that is on the agenda for Common Council action if he is recognized by the presiding officer. Speakers may be limited to 10 minutes, except by consent of the Common Council. No citizen shall be permitted to speak on petitions, communications and reports when first introduced before the Common Council and which are scheduled to be referred to and reported back at a later meeting or which will be taken up at a later time in the regular meeting.
(2) 
No person, except members and officers of the Common Council, shall be allowed to address the Common Council during the session of the Common Council without the permission of the presiding officer.
L. 
Public hearings. In conducting a public hearing, the Common Council shall allow all interested parties an opportunity to speak on the subject matter of the hearing. At the beginning of a public hearing, the presiding officer shall request all speakers to remain in the Common Council chambers until the conclusion of the public hearing so that each speaker will be available for questioning by the Common Council members. Public hearings shall be conducted by first allowing those citizens to speak who are against the question. Each side shall be given an opportunity to rebut new evidence presented by the opposing side.
M. 
Robert's Rules of Order to govern. In the absence of a special ordinance or state statute, the Common Council shall be governed by Robert's Rules of Order, Revised.
N. 
Business at special meetings. At special meetings of the Common Council, no business shall be transacted but for which the meeting shall have been called.
O. 
Suspension of rules.
(1) 
Except as otherwise provided by law or this chapter, 2/3 of the members shall be required to suspend, alter or modify any of the rules in this section.
(2) 
When a member moves for a suspension of the rules, he shall be required to state the particular standing rule to which the motion is addressed. The presiding officer shall then put the question, "Is there any objection to the suspension of the rules in accordance with the motion?" An objection voiced to suspension of the rules by one member shall require a roll call on the motion for suspension. If no such objection is made, the Clerk-Treasurer shall record a unanimous consent to the suspension, and the presiding officer shall then proceed to state the principal questions.
P. 
Disturbances and disorderly conduct. Whenever any disturbance or disorderly conduct occurs in any meeting of the Common Council, the presiding officer may cause the room to be cleared of all persons guilty of such disorderly conduct, except the Common Council members. If any Common Council member is guilty of disorderly conduct, the presiding officer may order the police to take the member into custody for the time being or until the meeting adjourns. Such member may appeal from such order to the Common Council as in other cases.
Q. 
Failure to observe rules not a waiver. The failure to observe or enforce the standing rules under this section shall not constitute nor be deemed a waiver of the future enforcement of the rules.
R. 
Payment of claims. See § 50-8 of this Code.
A. 
Appointment and duties. The standing committees of the Common Council shall be appointed by the Mayor annually at the time of the organization of the Common Council and shall consist of five members, including the Mayor, except as otherwise provided, and the duties shall consist of, but not be limited to, the following:
[Amended by Ord. No. 155; Ord. No. 160]
(1) 
Finance, Personnel and Safety Committee. Responsible for reviewing and reporting to the Common Council all matters regarding expenditures, investments, insurance, police, safety and personnel.
(2) 
Street, Building and Utilities Committee. Responsible for planning and budgeting and implementing repair and improvements. The Building Inspector shall submit all applications for review.
[Amended 4-14-2015 by Ord. No. 233]
(3) 
Public Property and Health Committee. Responsible for planning and budgeting and implementing maintenance and improvements for all municipal properties, buildings, parks, health and sanitation.
B. 
Reports. All committees to whom any matter shall be referred shall report thereon at the first stated meeting after such reference. Committees, on making their reports, shall return all papers containing the subject matter referred. All reports and resolutions shall be entered on the minutes and filed with the Clerk-Treasurer.
C. 
Expenditures. Any committee appointed by the Mayor and approved by the Common Council shall have the right to order work done for the City with expenditures limited to $1,000.
[Amended 4-14-2015 by Ord. No. 233]
In addition to the standing committees, special committees may be appointed from time to time to deal with special matters of interest to the City. All such committees shall be appointed by the Mayor unless otherwise directed by the Common Council.