[HISTORY: Adopted by the Common Council of the City of Brodhead
as § 2-1-1 and Title 2, Ch. 2, of the 1997 Code. Amendments
noted where applicable.]
A.
Mayor-Council government. The City of Brodhead 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 Brodhead 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/she shall preside at the
meetings of the Common Council. The Mayor 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 Brodhead 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 by Charter Ordinance 10-23-1989; 10-10-2011; 12-9-2013]
A.
There shall be six Alderpersons elected at large to the Common Council.
Each shall have a two-year term of office.
B.
Three Alderpersons shall be elected in the annual spring election
of odd-numbered years. Three Alderpersons shall be elected in the
annual spring election of even-numbered years.
C.
The provisions of the Wisconsin Statutes with reference to primaries
and municipal elections are hereby incorporated herein by reference
and shall apply.
D.
The provisions of §§ 62.08 and 62.09(1), Wis. Stats.,
and Charter Ordinance October 23, 1989, concerning election of Alderpersons
from aldermanic districts, are made inapplicable in the City of Brodhead.
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. The Mayor
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/she may deem advantageous to the
City. When present, the Mayor 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 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 Clerk-Treasurer and shall be enforced upon
his/her approval, evidenced by his/her signature, or upon his/her
failing to approve and disapprove within five days, which fact shall
be certified thereon by the City Clerk-Treasurer. If the Mayor disapproves,
he/she shall file his/her objection with the City Clerk-Treasurer,
who shall present it to the Council at its next regular meeting. A
2/3 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 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 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 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 the approval of the Mayor.
(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-Treasurer. 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.
[Amended 3-17-2015; 4-19-2016]
A.
Standing committees.
(1)
At the organizational meeting of the Common Council in each year
following the annual election, the Mayor shall appoint one Alderperson
and three citizens 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, and to make whatever recommendations
to the Council as they deem appropriate or as may be directed by the
Council:
(2)
The Mayor may, from time to time, appoint such special committee or committees as he/she may deem advisable or as provided for by motion or resolution, appointing members pursuant to Subsection A and stating the objective thereof, to perform such duties as may be assigned to them.
(3)
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.
B.
Committee appointments.
(1)
Committee appointments shall be made pursuant to § 95-4D of the Code of Ordinances. The chairperson of each committee shall be the Alderperson appointed by the Mayor to that committee. Each member shall serve as appointed unless excused by a majority of the members of the Council. The Mayor shall be an ex officio member of each standing committee.
C.
Reference and reports.
(1)
The Mayor may 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 should 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 may be so reported
when they request it.
(3)
The Chairperson of the committee may 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-Treasurer
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.
Acquisition and disposal of property. The Common Council may acquire
property, real or personal, within or without the City, for parks,
libraries, historic places, recreation, beautification, streets, waterworks,
sewage or waste disposal, harbors, improvement of watercourses, public
grounds, vehicle parking areas and for any other public purpose; may
acquire real property within or contiguous to the City, by means other
than condemnation, for industrial sites; may improve and beautify
the same; may construct, own, lease and maintain buildings on such
property for instruction, recreation, amusement and other public purposes;
and may sell and convey such City-owned property, except dedicated
platted parks.
C.
Acquisition of easements and property rights. Confirming all powers
granted to the Common Council and in furtherance thereof, the Council
is expressly authorized to acquire by gift, purchase or condemnation
under 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 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 be 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 three-fourths vote
of all the members of the Common Council, determine that an annual
salary or per diem compensation be paid the Mayor and Alderpersons.
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. The regular meeting of the Common Council shall be held on the third Monday of each month at 7:00 p.m. A regular meeting may be rescheduled or canceled by the Common Council by a majority vote of those present at the meeting immediately prior to the meeting to be rescheduled or canceled or by the Mayor. Additional meetings of the Common Council beyond the regular meetings described herein may be scheduled at any time at a meeting of the Common Council by a majority vote of those present or as provided in § 95-12A. All meetings of the Common Council; including special and adjourned meetings, except as may be otherwise provided for by vote of the Common Council, shall be held in the Brodhead City Hall.
[Amended 6-29-2010; 2-8-2021 by Ord. No. 2021-001]
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 Clerk-Treasurer shall cause
an affidavit of service of such notice to be filed in his/her office
prior to the time fixed for such special meetings. Special meetings
shall comply with the notice provisions of the Wisconsin Open Meeting
Law. 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 a written request is obtained,
it shall be filed with the City Clerk-Treasurer prior to the beginning
of the meeting.[1]
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/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 Clerk-Treasurer.
All matters to be considered at a regular or special Council meeting
shall be submitted to the City Clerk-Treasurer at least by 12:00 noon
of the day prior to the meeting. All copies of the agenda shall be
forwarded by the City Clerk-Treasurer to the representatives of the
media that have requested meeting agendas under the Open Meeting Law
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)
Consent agenda.
[Amended 3-15-2021 by Ord. No. 2021-002]
(4)
Public appearances.
(5)
Treasurer's report.
(6)
Reports of standing committees.
(7)
Reports from Mayor, City officers, City Attorney and department heads.
(8)
Unfinished business remaining from preceding sessions in the order
in which it was introduced.
(9)
New business, including introduction of ordinances.
(10)
Communications and miscellaneous business.
(11)
Adjournment.
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 Clerk Treasurer
on which citizens may register to speak at a Council meeting. The
subject to be addressed and/or agenda item shall be indicated.
D.
Consent
agenda. The City Clerk may create a subsection on any Common Council
agenda entitled "consent agenda." In a consent agenda, the Clerk shall
place matters that, in the Clerk's judgment, are routine and noncontroversial
and do not require a super majority vote or separate action by the
Common Council. The following procedure shall apply when a consent
agenda is used:
[Added 3-15-2021 by Ord. No. 2021-002]
(1)
No separate discussion or debate may be permitted on any matter listed on the consent agenda except as provided in Subsection D(2).
(2)
A single
motion, seconded and adopted by a majority vote of the Common Council,
shall be required to approve, adopt, and act or otherwise favorably
resolve all matters listed on the consent agenda.
(3)
Any
member of the Common Council may request the removal of any item included
in the consent agenda. At the time the consent agenda is considered,
any such item shall be removed without debate or vote.
(4)
If
an item has been removed from the consent agenda in accordance with
this subsection, that item shall be considered by the Common Council
under the appropriate heading of the regular agenda of the Common
Council.
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-Treasurer shall superintend the publication of the same. Any written material introduced may be referred to the appropriate committee pursuant to § 95-6. 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
title of amending and repealing ordinances shall reflect their purpose
to amend or repeal.
C.
Notice. The Common Council may take action on an ordinance only if
the subject of the ordinance appears on the written agenda for the
meeting at which action is requested.
A.
All general ordinances of the City and all regulations imposing any
penalty shall be published, either in their entirety or as a notice
as provided in § 62.11(4), Wis. Stats., 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 Clerk-Treasurer
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 Common Council
shall be prima facie proof of due passage, publication and recording
thereof.[1]
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 shall be kept currently to date, and upon passage of
any ordinance, the Clerk-Treasurer 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 Clerk-Treasurer shall proceed to call the roll in alphabetical 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 §§ 95-12 and 95-13.
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/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 Clerk-Treasurer 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.
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. 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-Treasurer shall call the roll starting with the
Alderperson whose last name appears first on the list of the Alderpersons'
names alphabetically arranged, and, on the next call of the roll,
at the same or any subsequent meeting, the Clerk-Treasurer shall start
with the Alderperson whose name appears next on said alphabetical
list, 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-Treasurer shall again start on top of the list and proceed on
down through the list.
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 Common 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
Common 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 Common Council to a direct vote with the first vote on any 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 and discussion commences on an action item,
business item, motion or question that is properly before the Common
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 Common Council will
continue. The date and time established must be on a date and time
for a regularly scheduled or special meeting of the Common Council.
(5)
Motion to a committee. This motion may be made at any time after
the debate and discussion commences on an action item, business item,
motion or question that is properly before the Common 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 Common Council.
(6)
Motion to amend or divide the question. This motion may be made at
any time after debate and discussion commences on the action item,
business item, motion or question properly before the Common 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 debate and discussion commences on the action item, business
item, motion or question properly before the Common 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 and discussion commences on the action item, business item,
motion or question properly before the Common 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 directory votes. No member of the Common Council shall request,
at a meeting of the Common 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
Common 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, 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.
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 the 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 Common 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.
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,
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.