HomeMy WebLinkAboutComplete Board Commission Rules adopted 12-14-2021
Oshkosh Board and Commission
General Rules of Order
Adopted December 14, 2021
These Rules are established in accordance with and to supplement the Rules contained
in Section 2-36 of the City of Oshkosh Municipal Code.
Scheduling and Locations of Meetings
Wisconsin law requires meetings to be “reasonably accessible to members of the public”
and open to the extent “compatible with the conduct of governmental business”. Sections
19.81(2) and (1) Wis. Stats.
I. Boards and Commissions shall hold regular meetings at a regular time and place
to be fixed by board or commission. Special meetings may be called by the
Chairperson.
Meetings shall be publicly noticed and shall be open to and accessible by the public
in compliance with the requirements of the Wisconsin Statutes. Closed sessions
shall be approved by the City Manager and/or City Attorney and specifically
noticed in accordance with Wisconsin Statutes.
When necessary staffing and technology are available and when practicable in the
judgment of the City Manager, public meetings may be made available live or by
recording on GOV TV in the City of Oshkosh, live streamed on oshkoshmedia.org,
live on WOCT radio station 101.9 fm, live through Roku, Apple TV and Amazon
Fire Stick.
II. Remote Participation
The Council recognizes the value of and remains committed to in person meetings
and deliberation of matters whenever practicable. However, the City Council
recognizes the benefits of providing alternative means for the attendance and
participation by members of its boards and commissions, city staff, and the public
at its meetings when necessary due to extraordinary circumstances, when
convenient or cost-effective for the City, or as a reasonable accommodation for
persons with an ADA disability who are unable to otherwise provide input.
Extraordinary circumstances shall mean highly unusual facts or circumstances
which prevent in person participation due to emergency declarations or due to the
desire for participation by persons including consultants or presenters who are
unable because of distance, cost, time or other reason to attend in person and/or
when meetings may be better facilitated by all persons participating through
Remote Means. Remote participation is intended for the benefit of the City of
Oshkosh and not for the benefit of any individual member or other person.
Except when specifically authorized by ordinance or other means adopted by the
Common Council or when in the determination of the City Manager, it is
reasonable and necessary to limit in person participation for the protection of the
public, city officials and city employees (for example, under a Declaration of
Emergency); board and commission members must be physically present at the
location of the board or commission meeting to participate as a member of the
board or commission and vote upon any matter.
“Remote Means, Remote Participation or Remote Appearance” shall mean
participation by a member of a public body, by a member of the public, or other
individual in a meeting of that public body, where the person is not physically
present at a designated meeting location. Remote Participation includes through
video, telephone, computer or other means where persons are permitted to view,
listen to and participate in the meeting without having a physical presence at a
defined physical meeting location.
Remote Meetings of Boards and Commissions (Meetings held entirely remotely or with
significant remote participation)
Due to logistical limitations in room assignments, technology and staffing, boards
and commissions will generally be required to hold all regular and special
meetings in person. Remote Participation meetings for regular and special
meetings or workshops must be approved by the City Manager and generally all
Remote Participation meetings will be required to be held entirely by remote
means, meaning that all board and commission members as well as the public will
be required to attend by Remote Means (no “hybrid” meetings).
If a meeting is conducted solely by Remote Means and there is no physical meeting
location or the public is otherwise excluded from being present at a physical
meeting location, the public must be afforded an opportunity to live access the
meeting and instructions shall be provided how to do so. This may include live
broadcast or streaming, video or call-in participation, or other adequate means to
provide live access to the public meeting. Where public comment or participation
is required by law, adequate means must be provided to accommodate such
participation.
Appearance by Remote Means as required or permitted by these rules shall be
consistent with the following:
o Remote participation may be permitted in meeting rooms that have
adequate audio, video and other technological facilities to allow for remote
participation.
o Persons participating by Remote Means should be advised via meeting
agendas or other means that participation by remote means may be limited
by number of participants and available technology, and may be disrupted
by problems such as breakdowns of equipment and fluctuation or
interruption of electric power or communications networks. The City of
Oshkosh does not guarantee that even if persons have been afforded the
opportunity to appear by Remote Means that telephone, computer, wifi or
other connections will be sufficient or that the person will be guaranteed
the ability to appear by this method.
o In order to accommodate participation for the general public by Remote
Means, a meeting link will be provided on the meeting agenda. For
meetings where the public may participate by Remote Means, general
public comment and public comment on all agenda items shall be taken at
the beginning of the meeting, except as necessary to conduct Public
Hearings or as may be accommodated at the direction of the Board or
Commission. Public comment may be closed at the end of any public
comment period and persons participating by Remote means shall not
interrupt or disrupt the business of the governing body.
o Persons wishing to provide public comment through Remote Means must
join the meeting at least 15 minutes prior to the start of the meeting to allow
staff to test the audio/video set up. Attendees must stay muted when not
speaking and are responsible for muting and unmuting themselves in a
timely fashion when called upon to speak.
o Each member of the public speaking must wait to be called upon by the
Presiding Member or their designee and must provide their name and
address prior to speaking.
o Every person participating by Remote Means must be audible through clear
telephone line or computer connections. If a connection is not clear or
causes disruption of the meeting, the connection may be terminated at the
discretion of the Presiding Member or their designee. If a connection is
terminated and this causes the loss of a quorum, the meeting shall be
adjourned and rescheduled to another date to permit consideration by a
quorum.
o If any board or commission members are participating remotely, all votes
shall require a roll call vote – no “all in favor”
Remote Appearances (Limited Remote Participation by one or a small number of
individuals)
The City of Oshkosh may in its sole discretion permit individual persons to appear
via remote means at scheduled in person meetings as a reasonable accommodation
to an individual for persons with an ADA disability who are unable to otherwise
provide input; to facilitate presentations, to receive information or reports from
consultants or other persons; or for other business purposes. Permission for
appearances under this paragraph may be requested by the Board or Commission
for a planned future meeting or arranged by the staff member assigned to the
board or commission with consultation with IT and Oshkosh Media staff. Persons
who are permitted to appear in this manner shall comply with all requirements
for Remote Participation listed above.
Persons requesting accommodation under this provision must submit such
request in advance of the meeting. Requests can best be accommodated if
submitted at least 5 business days in advance of the scheduled meeting.
Remote attendance shall not be permitted during any quasi-judicial hearing or
appeal hearing by persons testifying or by members of a board or commission
adjudicating any matter except under extraordinary circumstances such as a
Declaration of Emergency or Emergency Order.
Rules of Procedure
I. Rules Pertaining to Placement of Matters on Agendas
The City of Oshkosh has established various boards and commissions to assist the City
Council and City Administration in the review of matters, to provide for the review of
actions of staff and appeals from ordinance requirements and to meet statutory
requirements. The City Council adopts the following rules to serve as a general guide
for boards and commissions in relation to bringing items forward for discussion and the
flow of items through staff, boards, and commissions; and to the Council.
The City of Oshkosh operates under a Council-Manager form of government. The City
Council is responsible for establishing policy, passing local ordinances, adopting a
budget, adopting a strategic plan and goals, appropriating money, and developing an
overall vision for the City. The City Manager, as the Chief Executive, is responsible for
implementing policies and managing the daily operations of the City, as well as assisting
the Council to define policy and vision and to establish strategies for reaching these goals.
Board and Commissions are an important part of the whole of local government. The
following pages include charts and narratives for all City of Oshkosh Boards and
Commissions, as well as a city organizational chart for reference.
There are several different types of boards and commissions. Advisory Boards and
Commissions may assist and inform the Council and the City Manager pertaining to
matters within the particular Board’s/Commission’s area of expertise and knowledge.
The Redevelopment Authority, the Police and Fire Commission, the Library Board, and
the Board of Review for real estate tax assessment matters, are examples of independent
boards. While Council appoints the members to independent boards, the boards then
make final determinations on matters under their jurisdiction. A few Boards and
Commissions, while not entirely independent, have specific authority to make binding
decisions in certain areas, such as the Board of Appeals for zoning matters. Independent
Boards and Boards that exercise some authority independently derive their decision-
making authority through specific state statutes or city ordinances granting them that
authority. Finally, some boards are mixed in nature, acting independently in some
circumstances and advisory in others. Certain boards such as the plan commission deal
with legislative matters on which they provide advice and also decide upon quasi-
judicial matters which are left to their independent determination.
Board and commission actions are generally divided into three (3) categories: Advisory
– Legislative, Independent – Legislative, and Hearing and Appeals. These categories
either limit the board’s or commission’s authority, or limit Council or staff’s authority on
matters before the particular board or commission. See Addendum A to these Rules for
a listing of Boards and Commissions for the City of Oshkosh including a summary of
their area of jurisdiction and category for actions.
Most Boards and Commissions have city staff assigned to provide support to the
Board/Commission. The primary functions of city staff assigned to a board or
commission are to provide administrative support to the committee to assure that the
work of the Board/Commission is completed in a timely and effective manner and to act
as a subject matter resource for the board or commission. Staff liaisons are the primary
conduit for members of the Board or Commission to communicate with city staff, the
City Manager, and the City Council. Staff liaisons perform a variety of roles, including:
Serving as the channel of communication between the Board/Commission and other
City staff
Creating and posting meeting notices, preparing minutes, and creating agendas
Scheduling meetings and booking meeting locations
Maintaining Board/Commission records
Coordinating the collection and distribution of information requested by the
Board/Commission
Responding to public records requests pertaining to the Board/Commission
Offer advice and recommendations in regard to matters coming before the
Board/Commission
Report the Board/Commission concerns and priorities to the Department Head,
City Manager and Council
Facilitate interaction between boards and commissions as appropriate
While the enthusiasm and desire to move forward quickly regarding matters of interest
is understandable, Board and Commission members, like the Common Council who are
elected at large in the City of Oshkosh, represent the general and best interests of the City
of Oshkosh as a whole. This policy, along with other policies and procedures, is intended
to assure that the many issues and concerns within the City are prioritized and addressed
in a fair, thoughtful, and efficient manner within the means set forth by the City
organization, the City’s Strategic Plan and allocated in the City’s budget.
City staff assigned to Boards and Commissions work for and are responsible to the City
as a whole and have other job responsibilities in addition to their work for an individual
Board/Commission. Staff are answerable to their Department Heads and the City
Manager. It is the responsibility of the City Manager to allocate staff’s time and efforts.
Just as it is inappropriate for Council to direct work of staff who are under the jurisdiction
of the City Manager, it is not appropriate for Boards and Commissions to directly attempt
to direct staff work. Boards and Commissions may advise the City Manager and Council
on policy priorities, but Boards and Commissions do not determine or assign staff time.
Boards and Commissions should consider and set priorities for their agenda items in
order that staff may best use the limited time available for Board/Commission business,
while still attending to their other job responsibilities.
Although there may be disagreement on any issue, communication to the Council, other
Boards/Commissions and to the Public should reflect the decision of the
Board/Commission as a whole. When a Board or Commission member is speaking on
behalf of the board/commission they should only represent the majority position of the
respective Board/Commission. If the member is expressing his/her own personal
viewpoint on a particular subject, this should be made clear. Correspondingly, once the
Council has established its position as the governing body, Board/Commission members
should not act contrary to the established policies and programs adopted by the City
Council.
Because of the wide variety of boards and commissions and the wide variety of items and
issues that the City may deal with, this policy cannot cover every item or issue with
specificity and should be regarded as guidance only. Exceptions may generally be made
with the approval of the Council and/or the City Manager. The City reserves the right to
comply strictly with this policy, comply with modifications, or to vary from the exact
provisions of this policy when the Council or City Manager find it to be in the public
interest to do so.
The City of Oshkosh is hopeful that this information will be useful to members of boards
and commissions, staff, as well as the public.
Advisory Boards and Commissions / Advisory Matters
The City of Oshkosh has established various boards and commissions to assist the City
Council in the review of matters, to meet statutory requirements, and to provide for the
review of actions of staff and appeals from ordinance requirements. While certain
matters clearly fall within the jurisdiction of an individual board or commission, other
matters may involve review and recommendation or action by more than one board or
commission. The City Council adopts the following policy to serve as a general guide
for boards and commissions in relation to the agenda process.
Procedure for general legislative items/issues
Items coming before boards and commissions must be directly related to the purpose or
jurisdiction of the board or commission as defined by statute and/or ordinance, or be
referred to the board or commission for input from the Council or the City Manager.
Items will be prioritized based upon urgency of particular circumstances; time
commitment required from staff for research, review or drafting; availability of expertise
on the particular subject; or any other relevant factor.
Items may be placed on an agenda through application or request from a citizen or
petitioner, request from a board or commission member, or be initiated by staff. The staff
liaison shall inform his/her Division Manager and/or Department Director who shall
make an initial review with regard to jurisdiction and prioritization. If the Division
Manager or Department Director determines that the matter may not be suitable for the
particular board or commission, may not meet the priorities of the particular board or
commission, may require staff time commitment that is unreasonable or unlikely to be
available within the contemplated time period, or may require expertise not available on
staff or available at a cost not provided for within the budget; the Division Manager or
Department Director shall inform the board or commission of the request and
determination. The board or commission may by majority vote of its members request
the matter to be reviewed by the City Manager. The City Manager may direct the
Division Manager or Department Head to proceed with the request and establish a
reasonable time for completion, may determine that the decision of the Division Manager
or Department Head is correct and that staff time shall not be allotted, or may seek input
from Council in relation to the request. The staff liaison to the Board or Commission shall
inform the Board of the determination of the City Manager. If the determination of the
City Manager is that staff time shall not be allotted, the Board or Commission may by
majority vote of all members request that the matter be presented to the Council by the
City Manager, the Council member appointed to the particular board or commission, or
by the chair of the board or commission at the next regularly scheduled council meeting
or as soon thereafter as is reasonably practicable for discussion and direction to the City
Manager.
The following flowchart outlines the general process for staff, board and commission and
council review of items.
COUNCIL
Advisory Boards and Commissions (B&C)
Council Agenda Process
DRAFT
B&C member requests agenda
item for discussion
Staff liaison informs Division
Manager and Department Director
Item is added to Department’s draft
Council agenda and item is sent to
Clerk’s Office
Council agenda is finalized by City
Manager at Department
Director meeting
Staff liaison and/or
City Manager communicates
Council decision to B&C
at next B&C meeting
Internal staff review
Division Manager/Department
Director invites City Manager and
departments to review
Staff liaison places item on B&C
agenda with recommendations to
B&C based on staff review
Staff liaison invites relevant
department representatives to B&C
meeting(s)
B&C meets and takes action
on item
Public input opportunity
Council meets and decides on
appropriate legislative action or
provides guidance to City Manager for
administrative items
Public input opportunity
Refer to other B&C as needed
B&C
Staff Liaison
City Staff
Council
Staff requests agenda item for
discussion
Staff receives application or request
from citizen/petitioner
The following steps shall apply if the
matter is moved forward for B&C review
and action.
Independent Boards and Commissions and Matters on which
Boards and Commissions may act Independently
The City of Oshkosh has established various boards and commissions that act
independently in accordance with statutory requirements and for other purposes. The
City Council adopts the following policy to serve as a general guide for boards and
commissions in relation to matters over which they may have independent jurisdiction
under Wisconsin Statutes or by City ordinances in relation to legislative matters. For
matters in which the board or commission is acting upon an appeal or application, please
see the following section covering those matters.
Procedure for general legislative items/issues
Items coming before boards and commissions must be directly related to the purpose or
jurisdiction of the board or commission as defined by statute and/or ordinance or be
referred to the board or commission for input from the Council or the City Manager.
Items will be prioritized based upon urgency of particular circumstances; time
commitment required from staff for research, review or drafting; availability of expertise
on the particular subject; or any other relevant factor.
Items may be placed on an agenda through application or request from a citizen or
petitioner, request from a board or commission member or be initiated by staff. The staff
liaison shall inform his/her Division Manager and/or Department Director who shall
make an initial review with regard to jurisdiction and prioritization. If the Division
Manager or Department Director determines that the matter may not be suitable for the
particular board or commission, may not meet the priorities of the particular board or
commission, may require staff time commitment that is unreasonable or unlikely to be
available within the contemplated time period, or may require expertise not available on
staff or available at a cost not provided for within the budget; the Division Manager or
Department Director shall inform the board or commission of the request and
determination. The board or commission may by majority vote of its members request
the matter to be reviewed by the City Manager. The City Manager may direct the
Division Manager or Department Head to proceed with the request and establish a
reasonable time for completion, may determine that the decision of the Division Manager
or Department Head is correct and that staff time shall not be allotted, or may seek input
from Council in relation to the request. The staff liaison to the Board or Commission shall
inform the Board of the determination of the City Manager. If the determination of the
City Manager is that staff time shall not be allotted, the Board or Commission may by
majority vote of all members request that the matter be presented to the Council by the
City Manager, the Council member appointed to the particular board or commission, or
by the chair of the board or commission at the next regularly scheduled council meeting
or as soon thereafter as is reasonably practicable for discussion and direction to the City
Manager.
The following flowchart outlines the general process for staff, board and commission and
council review of items.
COUNCIL
Independent Boards and Commissions (B&C) – Legislative Matters
Council Agenda Process
DRAFT
B&C member requests agenda
item for discussion
Staff liaison informs Division
Manager and Department Director
Staff liaison and/or
City Manager communicates
Council decision to B&C
at next B&C meeting
Internal staff review
Division Manager/Department
Director invites City Manager and
departments to review
Staff liaison places item on B&C
agenda with recommendations to
B&C based on staff review
Staff liaison invites relevant
department representatives to B&C
meeting(s)
B&C meets and takes action
on item
Public input opportunity
Refer to other B&C as needed
B&C
Staff Liaison
City Staff
Council
Staff requests agenda item for
discussion
Staff receives application or request
from citizen/petitioner
The following steps shall apply if the
matter is moved forward for B&C review
and action.
Quasi –Judicial Boards and Commissions / Hearings and Appeals
The City of Oshkosh has established various boards and commissions to hold hearings
on matters required by statute or ordinance and to provide for the review of actions of
staff and appeals from ordinance requirements. The City Council adopts the following
policy to serve as a general guide for boards and commissions in relation to the agenda
process.
Procedure for Hearings and Appeals
Items coming before boards and commissions for a hearing or appeal must be within the
jurisdiction of the board or commission as defined by statute and/or ordinance.
Items will be placed on an agenda through application or request from a petitioner. The
following flowchart outlines the general process for staff, board and commission and
council review of items determined by hearing or appeal.
Boards and Commissions (B&C)
Hearing & Appeals Process
DRAFT
Staff liaison informs Division
Manager and Department Director
Staff liaison and/or
City Manager communicates
Council decision to B&C
at next B&C meeting
Internal staff review
Division Manager/Department
Director invites City Manager and
departments to review as necessary
to subject matter
Staff liaison places item on B&C
agenda including all information
submitted by petitioner/may include
staff report and draft findings
Staff liaison invites relevant
department representatives to B&C
meeting(s)
B&C meets and takes action
on item
Generally public input will be limited
to those having a direct interest in
the matter or information directly
relevant to the decision to be made
B&C
Staff Liaison
City Staff
Council
Staff receives request for hearing or
appeal from citizen/petitioner
Council review, if provided by
ordinance
`
Equal Housing Committee
Landmarks Commission
Board of Zoning Appeals
Board of Review
Storm Water Utility Board
Public Arts and Beautification
Committee
The following steps shall apply if the
matter is moved forward for B&C review
and action.
II. Quorum / Voting Requirements
A majority of the membership shall constitute a quorum. A lesser number may
adjourn. A majority of those present and voting shall be necessary to adopt any
motion. Members voting present or abstaining shall not be counted for purposes
of determining a quorum or majority voting upon any item. (See section 2-36(J) of
the City’s Municipal Code).
III. Attendance/Excusal from Meetings
Except in the case of emergency, to be considered an excused absence from a
meeting a members of boards or commissions must give notice to the staff person
assigned to the board or commission at least 24 hours prior to the meeting’s start
time. Prior notice allows for notification to alternate members or for cancellation
and rescheduling of meetings in those cases where a quorum of members may not
be present.
IV. Rules pertaining to Conduct of the Meetings/Motions
The following chart is adopted to govern the most common motions and actions
to be taken at board and commission meetings. The Council has chosen not to be
strictly governed by Robert’s Rules of Order, but where the actions listed below
or other provisions of these Rules do not govern a particular issue, the most recent
version of Roberts Rules of Order may be used for guidance.
Control of the Agenda
Action Second
Required
Debatable Amendable Vote
Required2
Withdraw from Agenda1 Yes Yes No Majority
Remove Item from Consent Agenda No No No None
Consider Items out of the Scheduled
Order, Change the Agenda Order
Yes No No 2/3
Suspend Rules Yes No No 2/3
Taking up Items of Business
Action Second
Required
Debatable Amendable Vote
Required2
Original Motions (items of business) Yes Yes Yes Majority
Amend an Original Motion Yes Yes Yes Majority
Divide the Issue Yes No Yes Majority
Withdraw Motion (by Proposer, with
consent of the Second)
Consent by
Second
No No None
Layover (Table) until a time certain Yes No No Majority
Take an item off the Table Yes No No 2/3
Limiting/ Extending or Ending Debate
Action Second
Required
Debatable Amendable Vote
Required2
Call for the Question (Close Debate) – no
objection raised
No No No None
Call for the Question (Close Debate) –
objection raised
No No No 2/3
Limit or Extend Debate Yes No Yes 2/3
1 Administration may withdraw an item from the agenda prior to the meeting convening; after the meeting
has convened only the Board or Commission may withdraw items from the agenda.
2 Unless otherwise indicated majority or super-majority votes are counted as a percentage of the
members present and voting
Changing Previous Actions
Action Second
Required
Debatable Amendable Vote
Required2
Amend Previously Adopted Motion Yes Yes Yes Majority with
Notice;
2/3 without
prior Notice
Reconsider (member of the prevailing side
may request the body to reconsider its
previous action -- must be made during
the same meeting or the next succeeding
regular meeting)
Yes Yes No Majority
Rescind (repeal/reverse a prior action) Yes Yes Yes Majority with
Notice;
2/3
without prior
Notice
Questions / Concerns and Other Issues
Outside Substance of Debate
Action Second
Required
Debatable Amendable Vote
Required2
Point of Order (if rules are not being
observed)
No No No Chair Rules
Parliamentary Inquiry (help with
parliamentary procedure, how to do
something)
No No No Chair
provides
assistance
Point of Information (to ask a question) No No No Chair obtains
answer
Question of Privilege (some person or
thing is interfering with the deliberative
process, ie. too noisy, too hot or cold,
belligerent person or member)
No No No Chair directs
corrective
action
Appeal Chair’s Decision Yes Yes No Majority
2 Unless otherwise indicated majority or super-majority votes are counted as a percentage of the
members present and voting
Ending a Meeting
Action Second
Required
Debatable Amendable Vote
Required2
Adjourn (ends/closes the meeting) Yes No No Majority
Recess (short break that does not end
meeting)
Yes No Yes Majority
Selection of Officers or Temporary
Chair, if required
Action Second
Required
Debatable Amendable Vote
Required2
Nominations (call 3 times) No No No None
Close Nominations (by Declaration of
Chair or by Motion)
Yes
(if by motion)
No Yes 2/3
Election of Nominees No Yes No Majority
Reopen Nominations Yes No Yes Majority
Temporary Selection of Chair in absence
or disability of Chair and Vice may be
done by selection of the Chair and
Consent of Board
2 Unless otherwise indicated majority or super-majority votes are counted as a percentage of the
members present and voting
Motions. No motion requiring a second shall be discussed or acted upon unless
and until it has received a second. Motions may be withdrawn by the person
making the same, if the motion has received a second, then the person seconding
the motion must also consent to the withdrawal of the motion. Motions may only
be amended by another motion and second (There shall be no “friendly
amendments” to motions) or by withdrawal of the motion and a new motion
made.
Actions/Motions in Order during Debate. When a question is under debate, no other
action or motion shall be in order, except:
1) Questions/Concerns and Other Issues Outside the Substance of Debate as
identified within the table above;
2) To recess;
3) To adjourn;
4) To lay the matter over to a specific date or to be returned to the Committee
upon the occurrence of a specific event;
5) To Call the Question;
6) To Divide the Issue;
7) To Amend; or
8) To withdraw the motion
The items listed above shall have precedence in the order in which they are listed.
Vote Change. A member shall only be permitted to change his/her vote upon a
matter at the time their name is called by the secretary and no member shall be
permitted to change his/her vote on a matter once a succeeding member has cast
his/her vote.
Abstentions / Voting Present. In the event that a board or commission member
declines to vote, that member shall not be counted toward the number present and
shall not have their vote counted as either “aye” or “no” in relation to the matter.
If a member’s declining to vote causes the board or commission to fall below a
quorum voting on the matter, the board or staff may ask the applicant if they wish
to have the matter scheduled for consideration at the next meeting of the board or
commission when a quorum may be present or if the applicant wishes to have the
matter forwarded to council without recommendation. Staff shall consider the
wishes of the applicant, any statutory or ordinance time limits and any other
considerations or limitations with respect to the particular matter in determining
whether to reschedule the matter before the board or commission for further
consideration, forward the matter to Council or take other action as may be
appropriate with regard to the matter.
Motions to Lay Over shall include Date or Time Frame for Action. Motions to lay over
shall include a specific date to be returned to the body or shall require return upon
a specific occurrence within a specified time frame. If the occurrence shall not
happen within the specified time frame, the staff person assigned to the board or
commission shall notify the board or commission at the end of the time frame that
the matter shall not be brought forward and make appropriate notation to the
minutes of the meeting during which the matter was laid over. When considering
motions to lay over, the board or commission shall consider the wishes of the
applicant, any statutory or ordinance time limits and any other considerations or
limitations with respect to the particular matter as may be appropriate.
Reconsideration. Except as action may have already been taken in reliance upon the
prior approval/disapproval of an item, any member who voted with the prevailing
side on any question may move for reconsideration of a vote at the same meeting
or at the next succeeding regular meeting of the board or commission by notifying
the staff person assigned to the board or commission of the member’s request to
have the reconsideration included on the Agenda for the next succeeding regular
meeting. A motion to reconsider having been put and lost shall not be renewed
by the same or any other member.
Termination of Debate / Calling the Question. Any member wishing to terminate
debate may move the previous question (call the question). The presiding officer
shall ask whether there is any objection to calling the question. If no objection is
voiced, then the secretary shall record unanimous consent to terminate the debate.
If an objection is voiced, a roll call vote shall be taken and 2/3 of members present
shall be required to terminate the debate. If debate is terminated, the question,
including any pending amendments, shall be taken without further debate.
Use of Unanimous Consent. Unanimous Consent shall only be used for termination
of debate, motions to adjourn, motions to recess and for elections for Chair or
Temporary Chair when there shall be only one member put forward for election.
Suspension of the Rules. Boards and commissions shall not be permitted to suspend
any rule adopted by the Council and applicable to the board or commission. A
vote of two-thirds of the members present may suspend the order of business or
any rule adopted by the board or commission.
V. Rules pertaining to Individuals addressing Boards and Commissions
Boards and Commissions may make such rules pertaining to individuals
addressing matters coming before the board or commission or to individuals
making general statements to the board or commission as the members thereof
may determine.
The public may, as an alternative to appearance in person, submit written
comments. Written comments for Board and Commission meetings may be sent
via mail addressed to the appropriate Board or Commission, placed in the City
Hall dropbox, or sent by email prior to the scheduled meeting to the Board or
Commission. Contact information for Boards and Commissions is available on the
City website: www.ci.oshkosh.wi.us
Written comments will be distributed to the Board/Commission and made part of
the public record of the meeting.
Persons requiring reasonable accommodations to any of these rules may contact
the staff liaison for the Board or Commission who shall work with the individual
to provide appropriate accommodation as necessary. Persons requesting
accommodation under this paragraph must submit such request in advance of the
meeting. Requests can best be accommodated if submitted at least 5 business days
in advance of the scheduled meeting.
VI. Rules of Decorum
A. Adoption of Civility Pledge.
All participants in city meetings shall conduct themselves according to the
Civility Pledge adopted by the Council on June 14, 2011 by Resolution 11-270.
Pay Attention - Be Aware of Others & Sensitive to the Immediate
Context of Actions
Listen Closely - Understand Other Points of View
Be Inclusive - Welcome All; Don't Exclude Anyone
Don't Gossip - Remind Others of the Importance of this Practice
Show Respect - Honor Others (Especially in Disagreement)
Be Agreeable - Find Opportunities to Agree
Apologize Sincerely - Repair Damaged Relationships
Give Constructive Comments, Suggestions & Feedback - No Personal
Attacks (Focus on Issues)
Accept Responsibility - Don't Shift Blame; Share Disagreements
Publicly
B. General Rule of Decorum.
No person shall personally attack a council member, board or commission
member, city official, city employee or any other person. For purposes of this
section personal attacks shall include comments directed at a particular person
or persons which pertain to any matter that is unrelated to the performance of
official duties or the conduct of city business, are threatening, slanderous,
defamatory or obscene or are of such a nature that the comments disrupt the
meeting or cause a disturbance. No person shall make irrelevant, unduly
repetitious, offensive, threatening, slanderous, defamatory, or obscene
remarks or act in such a manner as to disrupt or disturb the orderly conduct of
any meeting, including handclapping, stomping of feet, whistling, shouting or
other demonstrations. Any person violating this provision shall be called to
order by the Presiding Officer. If the conduct continues, the Presiding Officer
may order the person removed and the Board or Commission may make a fact
finding whether such behavior was outside the scope and content of the rules
and, if applicable, whether the behavior was of a character to cause a breach of
the peace.
Addendum A
COUNCIL, STAFF, BOARDS AND
COMMISSIONS
City Council: The City Council is the Legislative body for the City. The Council makes
policy for the City of Oshkosh through the adoption of resolutions and ordinances within
the authority granted to municipalities through the Wisconsin Legislature and Home
Rule provisions of the Wisconsin State Constitution. The Council sets overall policy for
the City of Oshkosh including through the adoption of various plans, such as the City’s
strategic plan and comprehensive zoning plan. The Council also adopts the City’s
operational and capital improvements budgets and adopts city regulations for
enforcement by ordinance and the City Municipal Code. The City Council also issues
certain licenses and permits and conducts quasi-judicial hearings in relation to license or
permit issuance, renewals and revocations as necessary.
City Manager: The City Manager is the chief executive for the City of Oshkosh and is
responsible for the day to day operation of the city and direction to departments and city
staff.
City Staff: perform the daily operations of the City under the direction of the City
Manager. Staff provide the Common Council and other boards and commissions with
interpretations, recommendations, and professional advice regarding the advisability of
proposals brought before the City decision makers and carry out enforcement of various
codes and provisions.
Advisory Parks Board: The Advisory Parks Board is an advisory board to advise the City
Manager, City Council, Plan Commission, and parks administration regarding parks,
recreation, open spaces, forestry, municipal cemeteries, and waterways. The Board
participates in the development of Comprehensive Plans for individual parks and the
Parks Capital Improvement Program.
Bicycle and Pedestrian Advisory Committee: The Bicycle and Pedestrian Advisory
Committee is an advisory committee to advise the City Manager and City Council and
assist city staff in relation to bicycle and pedestrian matters; developing a Bicycle and
Pedestrian Plan; coordinating education and encouragement pertaining to bicycle and
pedestrian issues; making recommendations pertaining to projects to improve bicycle
and pedestrian safety; and recommending expenditures from available bicycle funds.
BID Board: The Downtown Oshkosh Business Improvement District is a geographic
district within the downtown area that has been created and assesses properties within
the district to contribute to programs and activities aimed at the promotion, management,
maintenance and development of the district. The District operates independently
through development of a Council approved plan each year for programs and activities
to be conducted in the next year.
Board of Appeals: The Board of Appeals is a quasi-judicial hearing body. The Board can
make final decisions limited by the terms of the City’s zoning ordinance and according
to the terms of state law. It interprets the zoning ordinance through its review of requests
to vary specific requirements, and through its review of appeals of administrative
decisions of the Community Development Department.
Board of Public Works: In the City of Oshkosh the City Manager has been delegated the
authority of the Board of Public Works. Generally, the Board of Public works is given the
authority and responsibility over all public works – streets, alleys, utilities and general
public facilities supporting these functions. The Board is also permitted to make certain
exceptions to rules for special or emergency circumstances.
Board of Review: The Board of Review is a quasi-judicial decision making body that
reviews tax assessment rolls, corrects errors in assessments, and hears appeals relative to
property valuations.
Committee on Aging: The Committee on Aging is an advisory body with the authority and
responsibility to advise the City Manager and City Council on the needs of the aging
related to the promotion and development of the City, determining the availability of
resources and the need for additional resources, promoting existing community services
available to the aging and recommending the establishment of additional services and
programs as needed.
Diversity, Equity and Inclusion Committee: The Diversity, Equity and Inclusion Committee
is an advisory committee to the City Manager and Common Council, providing comment
and support regarding appropriate strategies to develop activities, resources, and
services that promote a positive community environment of equity and inclusion, and
celebrate the diverse identities of the City of Oshkosh.
Fair Housing Commission: The Fair Housing Commission is a quasi-judicial decision
making body that receives complaints under the City’s Antidiscrimination in Housing
ordinance; reviews staff or outside consultants’ investigations of complaints; and holds
hearings on complaints and may make referrals for appropriate enforcement actions.
Landmarks Commission: The Landmarks Commission is primarily an advisory body to
advise the City Manager and City Council on historic sites, structures and districts;
support and promote City’s historical, architectural, and cultural heritage; and provide
information on City’s heritage and on historic resources. The Commission may take
action on applications for alterations or demolition of historic structures but may only
approve, approve with conditions, or delay alterations or demolition – the Commission
may not deny applications.
Library Board: The Library Board is an independent entity created pursuant to Wisconsin
Statutes for the purpose of management and operation of the Oshkosh Public Library.
Long Range Finance Committee: The Long Range Finance Committee is an advisory body
to the City Manager and Common Council on policy issues related to the City’s finances.
Housing Authority Board: In Oshkosh, the Housing Authority Board is an independent
body appointed by the Council as required by state statute. The Board has the
responsibility to manage low-income public housing programs and other housing
assistance programs for low-income families, elderly persons, disabled persons, and
others. The Housing Authority employs an Executive Director who is responsible for
supervising day to day operations of the Housing Authority.
Plan Commission: The Plan Commission is primarily an advisory body to advise the City
Manager and City Council in relation to zoning and land use matters. The Commission
can also make independent final decisions as permitted by the terms of the City’s zoning
ordinances and according to the terms of state law. The Plan Commission conducts
detailed analyses of land use and zoning issues through hearings and offers
recommendations to the Common Council based upon the terms of the comprehensive
plan, zoning ordinance, as well as other plans and studies that may relate to specific areas
or topics of the City.
Extraterritorial Zoning Committee: The Extraterritorial Zoning Committee is a joint
committee formed with 3 members of the City Plan Commission and 3 members
appointed by a surrounding town. The City has boundary agreements with Algoma,
Nekimi, and Black Wolf. The City and Town of Algoma have established an
Extraterritorial Zoning Committee to review and develop zoning recommendations,
plans, maps, and ordinances within the City’s extraterritorial area in the Town of
Algoma. At this time the City and other towns have not established formal
extraterritorial committees.
Board of Police & Fire Commissioners: The Board of Police and Fire Commissioners is an
independent quasi-judicial decision making commission established for the primary
purpose of staffing the police and fire departments, including appointing chiefs and
subordinates, reviewing and approving promotions, and making final hiring decisions
for new officers and firefighters. The Police and Fire Commission is responsible to hold
hearings concerning any contested disciplinary suspensions and terminations of police
officers and firefighters.
Public Arts Advisory Committee: The Public Arts Advisory Committee is primarily an
advisory body that advises the City Manager, City Council and other boards or
commissions on matters pertaining to public art and beautification; facilitates community
and agency input pertaining to public art and beautification; and advises the Common
Council on gifts or donations of public art pursuant to the City Gifts and Donations
Policy. The committee may also provide assistance for public art projects that utilize
public funding or are located on city property and promote the arts and beautification of
the City. The Committee also acts in a quasi-judicial decision making manner, as the
appeals board for appeals from the City’s mural ordinance.
Public Museum Board: The Public Museum Board is given independent authority by
ordinance to manage, control and operate the Oshkosh Public Museum through the
establishment of plans and policies consistent with City ordinances and polices. The
Museum Board may also advise the City Manager and City Council on any matters
related to history or matters in which the Board may have particular interest or expertise.
Redevelopment Authority: The Redevelopment Authority is an independent entity created
by the City pursuant to Wisconsin Statutes for the purpose of carrying out blight
elimination and urban renewal programs and projects. The Oshkosh Redevelopment
Authority has as its primary emphasis and focus the redevelopment and revitalization of
central city areas in the community.
Rental Housing Advisory Board: The Rental Housing Advisory Board is an advisory body
to advise the City Manager, staff, and the Council on the creation of rental housing
educational materials and residential rental training programs for landlords and tenants;
and to review and make recommendations regarding City policy or changes to the
municipal code pertaining to rental housing.
Storm Water Utility Appeals Board: The Storm Water Utility Appeals Board acts in an
advisory capacity to the City Manager and Council in relation to storm water utility
planning, projects, rates, and credits. The board also acts in a quasi-judicial decision
making capacity to hear and decide appeals when there is alleged error in any order,
decision or determination made, and to make determinations upon requests for variance
under the provisions of the City’s Storm Water Code.
Sustainability Advisory Board: The Sustainability Advisory Board is an advisory board for
the purpose of advising the City Manager and Council on sustainability issues affecting
municipal operations and the community at large. The Board promotes sustainability
within the community; advises on existing and proposed legislation pertaining to
sustainability; facilitates citizen and agency input pertaining to sustainability; and
collaborates on the development and implementation of a Community Sustainability
Plan.
Traffic & Parking Advisory Board: The Traffic and Parking Advisory Board is an advisory
board to advise the City Manager and City Council and assist city staff regarding issues
pertaining to on-street parking, traffic flow, speed limits, and other traffic matters. The
Traffic Review Board also advises and assists city staff and the Council regarding issues
pertaining to paid on-street parking, and municipal parking lots (except those serving
city facilities and parks).
Transit Advisory Board: The Transit Advisory Board is an advisory board for the purpose
of advising the City Manager and Council and assist staff on the implementation of
improved transit service to the City of Oshkosh. The Board will monitor the level of
transit service provided to ensure efficient and effective operation.
City of Oshkosh Boards and Commissions
Name Statute Ref. Ord.
Ref. Liaison Frequency of
Meeting
Advisory Park
Board
None 2-51 Parks Director Monthly
Bicycle &
Pedestrian
Advisory
Committee
None 2-39 Dept. of Comm.
Development
Monthly
BID Board 66.1109 2-38 Dept. of Comm.
Development
Monthly
Board of Appeals 62.23(7)(e) 2-59 Dept. of Comm.
Development
Monthly
Board of Public
Works
62.14 2-55 City Manager
Board of Review 70.46 2-56 City Clerk/City
Attorney
Yearly; varies
based on
objections
Committee on
Aging
None 2-37 Senior Services
Manager
Monthly
Diversity, Equity
and Inclusion
Committee
None 2-41 Director of
Administrative Services
Monthly
Fair Housing
Commission
106.50 2-43 Dept. of Comm.
Development
As needed
Landmarks
Commission
62.27(7)
(em)
2-48 Dept. of Comm.
Development
Monthly
Library Board Chapter 43 2-49 Library Director Monthly
Long Range
Finance Committee
None 2-44 Director of Finance Monthly
Housing Authority
Board
66.1201-
66.1211
None Executive Director of
the Oshkosh
/Winnebago County
Housing Authority
Monthly
Plan Commission 62.23 2-52 Dept. of Comm.
Development
Twice Monthly
Extraterritorial
Zoning Committee
62.23(7a)(c) 2-52.1 Dept. of Comm.
Development
As needed per
year
Name Statute Ref.
Ord
or
Ref
Liaison Frequency of
Meeting
Board of Police &
Fire
Commissioners
62.13 2-53 Dept. of Administrative
Services
Monthly
Public Arts &
Beautification
Committee
None 2-47 Dept. of Comm.
Development
Monthly
Public Museum
Board
None 2-54 Museum Director Monthly
Redevelopment
Authority
66.1333 Res
03-65
Dept. of Comm.
Development
Every other
Month
Rental Housing None 2-59.2 Dept. of Comm.
Development
Every other
Month
Storm Water Utility
Appeals Board
66.0805(6) 2-60;
14-3
Director of Public
Works
Monthly
Sustainability
Advisory Board
None 2-42 Dept. of Comm.
Development
Monthly
Traffic & Parking
Advisory Board
2-57 Director of
Transportation
Monthly
Transit Advisory
Board
None 2-58 Director of
Transportation
Monthly