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HomeMy WebLinkAbout25. 21-317MAY 25, 2021 JUNE 8, 2021 21-285 21-317 ORDINANCE FIRST READING SECOND READING (CARRIED__6-0____ LOST_______ LAID OVER_______ WITHDRAWN_______) PURPOSE: AMEND ORDINANCES PERTAINING TO TERMS OF MEMBERSHIP FOR CITY BOARDS AND COMMISSION, CONSISTENT NAMING OF THE FAIR HOUSING COMMISSION, AND CLARIFYING AND UPDATING STATUTORY REFERENCES PERTAINING TO THE LIBRARY BOARD INITIATED BY: CITY ADMINISTRATION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 2- 36(A) TO CLARIFY TERMS FOR MEMBERS OF BOARDS AND COMMISSIONS ; AMENDING SECTIONS 2-43, 16-7 AND 16-7.1 TO PROVIDE CONSISTENCY IN THE NAMING OF THE FAIR HOUSING COMMISSION; AND AMENDING SECTION 2-49 TO CLARIFY LANGUAGE AND UPDATING STATUTORY REFERENCES TO THE LIBRARY BOARD WHEREAS, there is need to update certain provisions of the Administrative Sections of the City Municipal Code to clarify language pertaining to membership terms on boards and commissions; to provide clarify in the naming of the Fair Housing Commission and to clarify language and update statutory references to the Library Board. NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 2-36 the City of Oshkosh Municipal Code pertaining to membership terms for boards and commissions is hereby amended to read as shown on the attachment to this ordinance. SECTION 2. That Section 2-43 the City of Oshkosh Municipal Code pertaining to the Fair Housing Commission is hereby renamed: Section 2-43 Fair Housing Commission MAY 25, 2021 JUNE 8, 2021 21-285 21-317 ORDINANCE FIRST READING SECOND READING CONT’D SECTION 3. That Sections 16-7 and 16-7.1 of the City of Oshkosh Municipal Code pertaining to Powers and Duties of the Fair Housing Commission are hereby repealed and recreated to read as shown on the attachment to this ordinance. SECTION 4. That Section 2-49 of the City of Oshkosh Municipal Code pertaining to the Library Board is hereby repealed and recreated to read as shown on the attachment to this ordinance. SECTION 5. This ordinance shall be in full force and effect from and after its passage, and publication. SECTION 6. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #21-317 AMEND ORDINANCES PERTAINING TO TERMS OF MEMBERSHIP FOR CITY BOARDS AND COMMISSION, CONSISTENT NAMING OF THE FAIR HOUSING COMMISSION, AND CLARIFYING AND UPDATING STATUTORY REFERENCES PERTAINING TO THE LIBRARY BOARD (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 2-36(A) TO CLARIFY TERMS FOR MEMBERS OF BOARDS AND COMMISSIONS ; AMENDING SECTIONS 2-43, 16-7 AND 16-7.1 TO PROVIDE CONSISTENCY IN THE NAMING OF THE FAIR HOUSING COMMISSION; AND AMENDING SECTION 2-49 TO CLARIFY LANGUAGE AND UPDATING STATUTORY REFERENCES TO THE LIBRARY BOARD) on June 8, 2021. The ordinance revises the City’s current ordinances to update provisions of the City Municipal Code to clarify membership terms for boards and commissions for Council and members identified by their position or title; to provide consistency in the Municipal Code as to the name of the Fair Housing Commission; and to clarify language and update statutory references for the Library Board. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City’s website at www.ci.oshkosh.wi.us. Clerk’s phone: 920/236-5011. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us TO: Honorable Mayor & Members of the Common Council FROM: Lynn A. Lorenson, City Attorney DATE: May 21, 2021 RE: Amend Ordinances pertaining to Terms of Membership for City Boards and Commission, Consistent Naming of the Fair Housing Commission, and Clarifying and Updating Statutory References Pertaining to the Library Board BACKGROUND Occasionally it is necessary to amend ordinances to provide clarity, improve readability or for other routine matters such as renumbering of statutory references. Staff makes notations of suggested revisions and then brings them forward to Council. ANALYSIS The proposed ordinance is a collection of modifications to Chapter 2 of the City’s Municipal Code governing Administration. The first change is a clarification of the terms of membership for city boards and commissions. Historically, various boards and commissions had different start dates and terms for members. Several years ago an update was made making all terms start June 1 and end May 31st except as otherwise required by statute. The practice has been that these terms apply to citizen members and that council members are appointed coextensive with the council term (April to April) to avoid situations such as this year where turnover on the Council left several boards without a representative for a period of time. The June to May term also did not apply to persons whose membership was determined by their position, for example, the Superintendent of Schools on both the Library and Museum Board. The proposed change clarifies the terms for each type of member. The second change amends several sections of the code pertaining to the City’s Fair Housing Commission to provide consistency in the name of the Commission. The Final Changes are to Section 2-49 pertaining to the Library Board. The statutory references require updating and upon review, the Library Director also recommending several changes to clarify the current language. None of the proposed changes are intended to be substantive changes or to modify current practices, they are simply intended to make the provisions more clear. Clean and tracked changes versions of the proposed ordinance revisions are attached for comparison. FISCAL IMPACT There is no anticipated fiscal impact associated with this ordinance update. RECOMMENDATION Staff recommends adoption of the ordinance as proposed. Respectfully Submitted, Approved: Lynn A. Lorenson Mark A. Rohloff City Attorney City Manager SECTION 2-36 RULES, MINUTES, NOTICE AND COMPENSATION Unless specifically modified elsewhere in this Code, the following provisions shall apply to all boards or commissions of the City of Oshkosh: (A) Notwithstanding anything to the contrary contained within this Municipal Code, terms for citizen members of all advisory boards, commissions and committees, whether enumerated in this Chapter or elsewhere in this Code, shall begin on June 1 and shall terminate on May 31 of the respective year; except that the terms for Board of Review shall begin on May 1 and shall terminate on April 30 of the respective year. Terms for Council members shall begin upon appointment and shall continue until new appointments are made, but shall terminate automatically if the person no longer serves on the Council. Terms for individuals appointed by virtue of the person’s position or title shall begin upon the person taking the position or title and shall automatically terminate for that individual when that person no longer holds the position or title. SECTION 2-43 FAIR HOUSING COMMISSION (A) Membership and Terms The Fair Housing Commission shall be comprised of five (5) members, in addition to the Director of Community Development or designee, who shall be secretary thereof, without vote. Appointments shall be for three year terms. (B) Powers and Duties of Commission The Fair Housing Commission shall be as prescribed in section 16-7 of this Municipal Code. SECTION 16-4 DEFINITIONS (B) "Commission" shall mean the Fair Housing Commission and "Commissioner" shall mean a member thereof. SECTION 16-7 POWERS AND DUTIES OF COMMISSION The Fair Housing Commission shall have the following powers and duties: (A) Adopt Rules To adopt, amend, publish and rescind rules for governing its meetings and hearings; (B) Receive and Investigate Complaints To receive complaints and review staff investigation of all complaints alleging any discriminatory practice prohibited by this Division. (C) Hearings To hold hearings, if necessary, after efforts at settlement based on complaints made against any person, to administer oaths and take testimony, to compel the production of books, papers and other documents relating to any matter involved in the complaint, and to subpoena witnesses and compel their attendance. (D) Refer Disputes to Appropriate Entity for Resolution Refer complaints to the City Attorney or to other appropriate entities to the purpose of reaching a resolution of the issues raised in the complaint. SECTION 16-7.1 ENFORCEMENT PROCEDURES (A) Complaint Any complaint alleging any discriminatory practices prohibited by this Division shall be reduced to writing and signed under oath by the complainant in the presence of a Notary. Such complaints may be initiated by any person having personal knowledge of the facts constituting the alleged discriminatory practice. All complaints shall contain the following: (1) The name and address of the complainant, and of the person allegedly discriminated against, if different. (2) The name and address of the respondent or respondents. (3) A statement setting forth the facts constituting the alleged discriminatory practice, and (4) The date or dates of the alleged discriminatory practice. (B) Where Filed Complaints shall be filed with the City Clerk who shall transmit the same to the Director of the Department of Community Development as the Secretary of the Fair Housing Commission. (C) When Filed Complaints alleging any discriminatory practice prohibited by this Division shall be filed no later than 1 year from the occurrence or termination of an alleged discriminatory practice. (D) Initial Investigation The Secretary, or their designee(s), shall perform an initial investigation of the complaint and is authorized to resolve the matter through conference, conciliation and persuasion. In the event the matter cannot be resolved by the Secretary, then the Secretary shall submit findings to the Commission. The Secretary’s findings may include the conclusion that no probable cause exists that shows discriminatory practices exist, which will end the matter, The Secretary’s findings may include the conclusion that probable cause does exist that shows discriminatory practices exist, in which case the Secretary will forward the same to the Commission for formal review. (E) Notice to Respondent The Commission shall provide a copy of the complaint to the respondent within ten (10) days of said finding of probable cause. The respondent shall have ten (10) days after receipt of the complaint to file a response with the Commission. (F) Amendment and Withdrawal A complaint may be amended or withdrawn by the complainant at any time with and subject to the approval of the Commission or its designated agent and under such terms as the agent shall direct. (G) Hearings (1) The Commission shall conduct a hearing to determine facts upon which to base a recommendation for prosecution to the City Attorney. Said hearing shall be conducted within eight-five (85) days after a finding of Probable Cause is forwarded to the Commission. The complainant and respondent may but need not be represented at said hearing by an attorney. (2) At the conclusion of the hearing, the Commission shall by majority vote of those members present and voting, make a determination which may reverse the Secretary’s initial finding of Probable Cause, or may affirm the Secretary’s initial finding of Probably Cause that discrimination did occur. If the Commission does not find probable cause, then the case will be closed and the claimant and respondent promptly notified. If the Commission affirms the Secretary’s initial finding of Probable Cause, then the Commission will refer this finding, along with all documents associated with this matter, to the City Attorney’s office for further proceedings. (3) In the event that this matter is referred to the City Attorney’s office, the City Attorney’s office may at its discretion take further appropriate action to remedy any discrimination that is the subject of a Probable Cause finding. The City Attorney may take any lawful action that is warranted, including without limitation initiating a forfeiture or civil action, and may request monetary damages, injunctive relief, and/or any other remedy that may be available. (4) The City Attorney may intervene in this matter at any time after the Secretary issues an initial determination, and may take any lawful action that is warranted, including without limitation initiating a forfeiture or civil action, and may request monetary damages, injunctive relief, and/or any other remedy that may be available. In the event that the City Attorney intervenes in a matter during the period when the matter is before the Commission, then the City Attorney shall notify the Commission of its actions taken. If the Commission receives the aforementioned notice from the City Attorney, then the Commission may suspend further proceedings pending a resolution of the legal actions taken by the City Attorney. (5) The procedure for resolving issues as outlined in this Division shall not preclude the Complainant from pursuing other lawful methods of resolving a matter without the involvement of the Commission or the City that are available. In the event the Complainant elects to pursue other available methods of resolution, the Complainant shall notify the Secretary of this and the City and Commission files may be closed. (6) No Commissioner who has filed a complaint on the Commissioner's own initiative, or who has a material or personal interest in any issue raised in the complaint, or may be a witness in any hearing related to the matter, shall participate in any subsequent hearing or proceeding in any role as a Commissioner. SECTION 2-49 LIBRARY BOARD (A) Membership and Terms The Library Board shall consist of nine (9) members who shall be appointed for three-year terms. Eight members shall be residents of the City of Oshkosh except that not more than two (2) members may be residents of towns adjacent to the municipality, who shall be appointed by the Mayor with the concurrence of the Council. The Superintendent of Schools or his/her representative shall be an additional member of the Board. Up to five (5) additional members may be appointed by the County as provided in Sec. 43.60(3) Wis. Stats. [Wisconsin Statutes Section 43.54] (B) Duties and Powers The Library Board supervises the administration of the Library. The Library Board establishes all policies governing the management and operation of the Library and the Board has the power to contract for the extension of Library Services. [Wisconsin Statutes Section 43.52 and 43.58] (C) Employees The Library Board shall appoint a librarian, who shall appoint such other assistants and employees as the Library Board deems necessary, and who prescribes their duties and compensation. [Wisconsin Statutes Section 43.58] (D) Budget The Library Board shall have exclusive control of the expenditure of all moneys collected, donated, or appropriated for the Library Fund, and of the purchase of a site and the erection of Library Buildings whenever authorized. The Library Board also shall have exclusive charge, control and custody of all lands, buildings, money or other property devised, bequeathed, given or granted to, or otherwise acquired or leased by, the municipality for library purposes. [Statutory Reference Chapter 43, Wis. Stats.] SECTION 2-36 RULES, MINUTES, NOTICE AND COMPENSATION Unless specifically modified elsewhere in this Code, the following provisions shall apply to all boards or commissions of the City of Oshkosh: (A) Notwithstanding anything to the contrary contained within this Municipal Code, terms for citizen members of all citizen advisory boards, commissions and committees, whether enumerated in this Chapter or elsewhere in this Code, shall begin on June 1 and shall terminate on May 31 of the respective year; except that the terms for Board of Review shall begin on May 1 and shall terminate on April 30 of the respective year. Terms for Council members shall begin upon appointment and shall continue until new appointments are made, but shall terminate automatically if the person no longer serves on the Council. Terms for individuals appointed by virtue of the person’s position or title shall begin upon the person taking the position or title and shall automatically terminate for that individual when that person no longer holds the position or title. SECTION 2-43 COMMISSION ON EQUAL OPPORTUNITY INFAIR HOUSING COMMISSION (A) Membership and Terms The Fair Housing Commission on Equal Opportunity in Housing shall be comprised of five (5) members, in addition to the Director of Community Development or designee, who shall be secretary thereof, without vote. Appointments shall be for three year terms. (B) Powers and Duties of Commission The Fair Housing Commission shall be as prescribed in section 16-7 of this Municipal Code. SECTION 16-4 DEFINITIONS (B) "Commission" shall mean the Oshkosh Fair Housing Commission and "Commissioner" shall mean a member thereof. SECTION 16-7 POWERS AND DUTIES OF COMMISSION The Oshkosh Fair Housing Commission shall have the following powers and duties: (A) Adopt Rules To adopt, amend, publish and rescind rules for governing its meetings and hearings; (B) Receive and Investigate Complaints To receive complaints and review staff investigation of all complaints alleging any discriminatory practice prohibited by this Division. (C) Hearings To hold hearings, if necessary, after efforts at settlement based on complaints made against any person, to administer oaths and take testimony, to compel the production of books, papers and other documents relating to any matter involved in the complaint, and to subpoena witnesses and compel their attendance. (D) Refer Disputes to Appropriate Entity for Resolution Refer complaints to the City Attorney or to other appropriate entities to the purpose of reaching a resolution of the issues raised in the complaint. SECTION 16-7.1 ENFORCEMENT PROCEDURES (A) Complaint Any complaint alleging any discriminatory practices prohibited by this Division shall be reduced to writing and signed under oath by the complainant in the presence of a Notary. Such complaints may be initiated by any person having personal knowledge of the facts constituting the alleged discriminatory practice. All complaints shall contain the following: (1) The name and address of the complainant, and of the person allegedly discriminated against, if different. (2) The name and address of the respondent or respondents. (3) A statement setting forth the facts constituting the alleged discriminatory practice, and (4) The date or dates of the alleged discriminatory practice. (B) Where Filed Complaints shall be filed with the City Clerk who shall transmit the same to the Director of the Department of Community Development as the Secretary of the Oshkosh Fair Housing Commission. (C) When Filed Complaints alleging any discriminatory practice prohibited by this Division shall be filed no later than 1 year from the occurrence or termination of an alleged discriminatory practice. (D) Initial Investigation The Secretary, or their designee(s), shall perform an initial investigation of the complaint and is authorized to resolve the matter through conference, conciliation and persuasion. In the event the matter cannot be resolved by the Secretary, then the Secretary shall submit findings to the Commission. The Secretary’s findings may include the conclusion that no probable cause exists that shows discriminatory practices exist, which will end the matter, The Secretary’s findings may include the conclusion that probable cause does exist that shows discriminatory practices exist, in which case the Secretary will forward the same to the Commission for formal review. (E) Notice to Respondent The Commission shall provide a copy of the complaint to the respondent within ten (10) days of said finding of probable cause. The respondent shall have ten (10) days after receipt of the complaint to file a response with the Commission. (F) Amendment and Withdrawal A complaint may be amended or withdrawn by the complainant at any time with and subject to the approval of the Commission or its designated agent and under such terms as the agent shall direct. (G) Hearings (1) The Commission shall conduct a hearing to determine facts upon which to base a recommendation for prosecution to the City Attorney. Said hearing shall be conducted within eight-five (85) days after a finding of Probable Cause is forwarded to the Commission. . The complainant and respondent may but need not be represented at said hearing by an attorney. (2) At the conclusion of the hearing, the Commission shall by majority vote of those members present and voting, make a determination which may reverse the Secretary’s initial finding of Probable Cause, or may affirm the Secretary’s initial finding of Probably Cause that discrimination did occur. If the Commission does not find probable cause, then the case will be closed and the claimant and respondent promptly notified. If the Commission affirms the Secretary’s initial finding of Probable Cause, then the Commission will refer this finding, along with all documents associated with this matter, to the City Attorney’s office for further proceedings. (3) In the event that this matter is referred to the City Attorney’s office, the City Attorney’s office may at its discretion take further appropriate action to remedy any discrimination that is the subject of a Probable Cause finding. The City Attorney may take any lawful action that is warranted, including without limitation initiating a forfeiture or civil action, and may request monetary damages, injunctive relief, and/or any other remedy that may be available. (4) The City Attorney may intervene in this matter at any time after the Secretary issues an initial determination, and may take any lawful action that is warranted, including without limitation initiating a forfeiture or civil action, and may request monetary damages, injunctive relief, and/or any other remedy that may be available. In the event that the City Attorney intervenes in a matter during the period when the matter is before the Commission, then the City Attorney shall notify the Commission of its actions taken. If the Commission receives the aforementioned notice from the City Attorney, then the Commission may suspend further proceedings pending a resolution of the legal actions taken by the City Attorney. (5) The procedure for resolving issues as outlined in this Division shall not preclude the Complainant from pursuing other lawful methods of resolving a matter without the involvement of the Commission or the City that are available. In the event the Complainant elects to pursue other available methods of resolution, the Complainant shall notify the Secretary of this and the City and Commission files may be closed. (6) No Commissioner who has filed a complaint on the Commissioner's own initiative, or who has a material or personal interest in any issue raised in the complaint, or may be a witness in any hearing related to the matter, shall participate in any subsequent hearing or proceeding in any role as a Commissioner. SECTION 2-49 LIBRARY BOARD (A) Membership and Terms The Library Board shall consist of nine (9) members who shall be appointed for three three-year terms. Eight members shall be residents of the City of Oshkosh except that not more than two (2) members may be residents of towns adjacent to the municipality, who shall be appointed by the Mayor with the concurrence of the Council. The Superintendent of Schools or his/her representative shall be an additional member of the Board. Up to five (5) additional members may be appointed by the County as provided in Sec. 43.60(3) Wis. Stats. [Wisconsin Statutes Section 43.54] (B) Duties and Powers The Library Board shall have the duties and powers as prescribed in Sections 43.25 to 43.31 of the Wisconsin Statutessupervises the administration of the Library. The Library Board establishes all policies governing the management and operation of the Library and the Board has the power to contract for the extension of Library Services. [Wisconsin Statutes Section 43.52 and 43.58] (C) Employees Notwithstanding ss. 59.031(2)(br) and 59.033(2)(b) Wis. Stats., the The Library Board shall supervise the administration of the Public Library and shall appoint a librarian, who shall appoint such other assistants and employees as the Library Board deems necessary, and who prescribes their duties and compensation. [Wisconsin Statutes Section 43.58] (D) Budget The Library Board shall have exclusive control of the expenditure of all moneys collected, donated, or appropriated for the Library Fund, and of the purchase of a site and the erection of Library Buildings whenever authorized. The Library Board also shall have exclusive charge, control and custody of all lands, buildings, money or other property devised, bequeathed, given or granted to, or otherwise acquired or leased by, the municipality for library purposes. [Statutory Reference Chapter 43, Wis. Stats.]