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City of Rice Lake, WI
Barron County
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Table of Contents
Table of Contents
Code
New Laws (5) Index
[HISTORY: Adopted by the Common Council of the City of Rice Lake 10-14-2008 by Ord. No. 08-17.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 36, Mayor and Common Council, adopted as Title 2, Chapter 2 of the Code of Ordinances, as amended.
The Aldermen of the City 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.
State Law Reference: W.S.A. s. 62.11.
A. 
Election, term and number.
(1) 
The City shall have eight Aldermen in addition to the Mayor, who is a member of the Common Council by virtue of his office as Mayor. The eight Aldermen and the Mayor shall constitute the Common Council.
(2) 
Four Aldermen representing Aldermanic Districts shall be elected for two-year terms in odd numbered years, and four Aldermen representing the City at large shall be elected for two-year terms in even numbered years.
B. 
Appointment as Mayor. An Alderman shall be eligible for appointment as Mayor to fill an unexpired term.
State Law Reference: W.S.A. s. 62.09.
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 and that all City officials and employees discharge their duties.
(2) 
The Mayor shall from time to time provide the Council with 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.
State Law Reference: W.S.A. s. 62.09(8).
The Common Council, at its first meeting subsequent to the regular election and qualification of new members, shall, after organization, 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 shall not have power to approve an act of the Council which the Mayor has disapproved by filing objections with the Cleric-Treasurer. He shall, when so officiating, be styled "Acting Mayor."
State Law Reference: W.S.A. s. 62.09(8)(e).
A. 
Standing committees. At the annual organizational meeting of the Common Council, the Mayor shall appoint Aldermen to each of the following standing committees, subject to confirmation by the Council:
(1) 
Finance Committee.
(a) 
The Finance Committee shall consist of three Aldermen.
(b) 
The Finance Committee shall meet at least one time per month.
(c) 
The duties and responsibilities of the Finance Committee are to:
[1] 
Monthly review presentation of bills payable by the City, and recommend their approval or disapproval to the Common Council.
[2] 
Periodically review with City administration the City's risk management processes and provide recommendations to reduce such risks and improve the risk management process, as appropriate, to the Common Council.
[3] 
Periodically review the City's internal financial controls and provide recommendations for improvement of those controls, as appropriate, to the Common Council.
[4] 
Monthly review the financial statements of the City, when available, including variances from budgeted amounts and previous years' budgets.
[5] 
Review, at least annually, the audited financial statements, internal control assessment and management letter with the independent auditor.
[6] 
Consider other finance matters, as directed by the Common Council from time to time.
(d) 
Additional responsibilities; issues necessitating immediate attention.
[1] 
At least quarterly, the Finance Committee shall report to the Common Council on the status of the City's finances, internal controls, risk management procedures and such other matters under the jurisdiction of the Committee, together with any recommendations for any policy changes to be considered by the Common Council.
[2] 
Any major issues, which, in the opinion of the Finance Committee, merit the immediate attention of the Common Council shall be brought to the Common Council for its consideration as soon as possible.
(2) 
Personnel and Negotiating Committee.
(a) 
The Personnel and Negotiating Committee shall consist of three Aldermen.
(b) 
The Personnel and Negotiating Committee shall meet on an as-necessary basis.
(c) 
The Personnel and Negotiating Committee assumes the responsibility of personnel management and the labor and wage negotiations.
(d) 
The Personnel and Negotiating Committee's duty shall be to negotiate labor contracts, determine personnel policies and review all other matters relating to personnel management and make recommendations as to their passage.
B. 
Committee appointments.
(1) 
The chairman 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 Aldermen shall serve on at least one 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 chairman 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. 
Committee reports.
(1) 
All ordinances, resolutions, communications and other matters submitted to the Council shall be read by title and author and referred to the appropriate committee by the Mayor without motion unless objected to by a Council member. The Clerk-Treasurer shall read and record each such reference by title. Any Alderman may require the reading in full of any matter at any time it is before the Council.
(2) 
Each committee shall, when necessary, submit a report on any matter referred to it. Such report shall recommend a definite action on each item and shall be approved by a majority of the committee. Any committee may require any City officer or employee to confer with it and supply information in connection with any matter pending before it. Minority reports may be submitted.
(3) 
Resolutions, ordinances and committee recommendations will be placed on the agenda for a Council action only if they are submitted to the City Clerk-Treasurer in written form a minimum of seven days prior to the meeting at which action is requested.
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 W.S.A. ch. 32 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 W.S.A. ss. 61.35 and 62.23, 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, and 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. The Common Council may ban money to any school district located within the City or within which the City is wholly or partially located in such sums as are needed by such district to meet the immediate expenses of operating the schools thereof, and the council of the district may borrow money from such City accordingly and give its note therefor. No such loan shall be made to extend beyond August 30 next following the making thereof or in an amount exceeding 1/2 of the estimated receipts for such district as certified by the State Superintendent of Public Instruction and the local school clerk. The rate of interest on any such loan shall be determined by the Common Council.
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.
State Law Reference: Wisconsin Constitution Art. XI, Sec. 3; W.S.A. ss. 62.09(7) and 62.11.
The Common Council, on behalf of the City, may join with other municipalities or school district 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.
State Law Reference: W.S.A. s. 66.0301, 66.0303, 66.0311(2).
The Common Council has the power to preserve order at its meetings, compel attendance of Aldermen and punish nonattendance. The Common Council shall be the judge of the election and qualification of its members.
State Law Reference: W.SA. s. 62.11.
The Mayor and Aldermen 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 be paid the Mayor and Aldermen. Any such initial salary, increase or reduction shall not take effect until following the next election of all those entitled to vote thereon.
State Law Reference: W.S.A. s. 62.09(6).
Following a regular City election, the Common Council shall meet on the third Tuesday of April for the purpose of organization. The Common Council shall establish by resolution, pursuant to § 36-22, the frequency and starting time of its meetings. Any regular meetings falling upon a legal holiday shall be held on the next following secular day, at the same hour and place, or as otherwise designated by majority vote of the Common Council. All meetings of the Council shall be held in the Rice Lake City Hall, including special and adjourned meetings, unless the Mayor orders convening in a larger facility in the City to accommodate the attending public.
State Law Reference: W.S.A. s. 62.11(2).
A. 
Special meetings may be called by the Mayor or by two Aldermen upon written notice of the time and purpose thereof to each member of the Council, delivered to him personally or left at his usual place of abode at least six hours before the meeting. The Clerk-Treasurer shall cause an affidavit of service of such notice to be filed in his office prior to the time fixed for such special meetings. 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 are complied with. If written consent is obtained, it shall be filed with the Clerk-Treasurer prior to the beginning of the meeting. Attendance by any Council member shall be deemed a waiver on his part of any defect of notice. Any special meeting attended by all Aldermen shall be a regular meeting for the transaction of any business that may come before such meeting.
B. 
The cost set forth in the fee schedule adopted as part of the annual budget document of any special meeting called at the request of any person or organization, other than by the Mayor or the Aldermen, shall be paid by the person or organization requesting the special meeting.
State Law Reference: W.S.A. s. 62.11(2).
All meetings shall be open to the public and in compliance with Wisconsin's Open Meeting Law.[1]
State Law Reference: W.SA. s. 62.11(3)(c).
[1]
Editor's Note: See W.S.A. s. 19.81 et seq.
[Amended 4-26-2011 by Ord. No. 11-05]
A. 
Two-thirds of the members-elect of the Common Council shall constitute a quorum, but a lesser number may adjourn if a quorum is not present or 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.
B. 
The Council may, by a majority vote of those present, adjourn from time to time to a specific date and hour.
C. 
Council members must be physically present to participate in Council meetings. Remote participation by audio and/or visual technology is prohibited for Council meetings.
State Law Reference: W.S.A, § 62.11(3)(b) and 62.11(3)(e).
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. In case of absence of the Mayor and President of the Council, the Clerk-Treasurer shall call the meeting to order, and the Aldermen present shall elect one of their number President Pro Tem.
B. 
Duties. The presiding officer shall preserve order and decorum, decide all questions of order and conduct the proceedings of the meeting in accordance with the parliamentary rules contained in Roberts Rules of Order, unless otherwise provided by statute or by these rules. Any member shall have the right to appeal from a decision of the presiding officer. An appeal shall be sustained by a two-thirds vote of the members present, excluding the Mayor. In the absence of the Clerk-Treasurer, the presiding officer shall appoint a Clerk Pro Tem.
State Law Reference: W.S.A s. 62.09(8).
A. 
Order of business. At all meetings, the following order may be observed in conducting the business of the Common Council:
(1) 
Roll call.
(2) 
Public appearances.
(3) 
Public hearings.
(4) 
Consent agenda, including but not limited to minutes, claims, ordinances and resolutions.
(5) 
Consideration agenda.
(6) 
Reports.
(7) 
Comments, items not for discussion.
(8) 
Closed session.
(9) 
Adjournment.
B. 
Order to be followed. No business shall be taken up out of order unless by unanimous consent of all Aldermen and in the absence of any debate whatsoever.
C. 
Citizen comments. The Mayor or presiding officer may impose a time limit, collectively and individually, on the comments of citizens.
D. 
Roll call; procedure when quorum not in attendance. As soon as the Council shall be called to order, the Clerk-Treasurer shall proceed to call the names of the members, noting who is present and who is absent, and record the same in the proceedings of the Council. If it shall appear that there is not a quorum present, that fact shall be entered on the journal, and the Council may adjourn or the presiding officer or, in case of his absence, the Clerk-Treasurer may issue a process to any policeman commanding him forthwith to summon the absentees.
E. 
Agenda. Any Alderman, Mayor or City Administrator may have an item placed on the agenda of a meeting of the Common Council.
A. 
Ordinances, resolutions, etc., to be in writing. All ordinances, resolutions or other communications submitted to the Council shall be in writing and shall include at the outset a brief statement of the subject matter, a title and the name of the Alderman or Mayor introducing the same. All written material introduced shall be read by the Clerk-Treasurer, Mayor, committee chairman or the appropriate designee and then discussed and acted upon as the Common Council deems appropriate. All ordinances shall be read at least once before this final passage.
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. 
All ordinances must be approved as to form by the City Attorney.
D. 
Notice.
(1) 
The Common Council may take action on an ordinance or resolution only if it appears on the written agenda for the meeting at which action is requested.
(2) 
Resolutions or ordinances will be placed on the agenda for Council action only if they are submitted to the City Clerk-Treasurer in written form a minimum of seven days prior to the meeting at which action is requested.
E. 
Disposition of petitions, communication, etc. Every petition or other writing of any kind addressed to the Council, the Clerk-Treasurer or other City officer for reference to the Common Council shall be delivered by the Clerk-Treasurer or such other City officer to the Mayor or to the presiding officer of the Council as soon as convenient after receipt of the same and, in any event, prior to or at the opening of the next meeting of the Council following the receipt of the same. Every such petition or other writing and every paper, communication or other proceeding which shall come before the Council for action may be referred by the Mayor or presiding officer, unless objected to by a member of the Council.
A. 
A roll call shall not be necessary on any questions or motions except as follows:
(1) 
When the ayes and noes are requested by any member.
(2) 
On confirmation and on the adoption of any measure assessing or levying taxes, appropriations or disbursing money or creating any liability or charge against the City or any fund thereof.
(3) 
When required by the state statutes of Wisconsin.
B. 
All aye and nay votes shall be recorded in the official minutes.
C. 
Except as provided below, the Common Council shall in all other respects determine the rules of its procedure, which shall be governed by Roberts Rules of Order, which is hereby incorporated by reference, unless otherwise provided by ordinance or statute, except when otherwise limited or modified by this Code;
(1) 
No Alderman shall address the Council until he has been recognized by the presiding officer. He shall thereupon address himself to the Chairman and confine his remarks to the question under discussion and avoid all personalities.
(2) 
When two or more members simultaneously seek recognition, the presiding officer shall name the member who is to speak first.
(3) 
No person other than a member shall address the Council except under order of business, except that citizens may address the Council with the permission of the presiding officer as to matters which are being considered by the Council at the time.
(4) 
No motion shall be discussed or acted upon unless and until it has been seconded. No motion shall be withdrawn or amended without the consent of the person making the same and the person seconding it.
(5) 
The Mayor shall not vote except in the case of a tie. When the Mayor does vote in case of a tie, his 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.
State Law Reference: W.S.A. s. 62.11.
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 or adjourned meeting. A motion to reconsider being put and lost shall not be renewed at that meeting.
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." This shall have the effect of a motion to limit debate. If the 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.
A call of the Council may be ordered at any time by the request of two or more members and absent members shall be sent for, but a call cannot be made after voting has commenced. When a call of the Council has been requested and ordered, the door shall be closed until the report of the policeman has been received and acted upon or until further proceedings under the call are dispensed with by a majority of the entire Council.
State Law Reference: W.S.A. s. 62.11(3)(b).
A. 
All general ordinances of the City and all regulations imposing any penalty shall be published as allowed by statute in the official paper of the City once 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 Common Council minutes 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.
State Law Reference: W.S.A. s. 62.11(4).
The rules of this chapter 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.
Any of the provisions of §§ 36-17 through 36-20, inclusive, of this Code may be suspended temporarily by a majority of the Council members present at any meeting.