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HomeMy WebLinkAboutParks Advisory Board Manual 2022 CityOfOshkoshOrgChart.pdf City Council Members 7 Members 2 Year Terms City Manager 1 City Manager 1 Executive Assistant 2 Admin Services Department 1 Asst. City Manager/Director of Admin. Services 1 General Services Division 1 General Services Manager 1 Senior Buyer 1 Office Assistant 1 Maintenance Coordinator 5 Facilities Maintenance Techs Human Resources 1 Human Resources Manager 1 Benefits Coordinator 1 Safety and Risk Management Officer 2 Human Resources Generalist 1 Human Resources Assistant 6 Information Technology Division 1 Information Technology Manager 1 Network Specialist 1 GIS Administrator 1 Desktop Support Technician 1 Help Desk Specialist 1 Telecommunications Specialist 1 Tech. Support Services Coordinator 9 City Clerk Department 1 City Clerk 1 Deputy City Clerk 1 Elections Specialist .80 PT Elections Clerk 3.80 Community Development Department 1 Director of Community Development 1 Administrative Assistant 2 Assessor Division 1 City Assessor 3 Property Appraiser 1 Office Assistant .8 Assessment Tech 5.8 Inspection Services Division 1 Chief Building Official 4 Building Systems Inspectors 1 Plumbing Inspector 1 Housing Inspector 1 Inspector 1 Permit Technician 9 Planning Division 1 Planning Services Manager 1 Planner 1 Assistant Planners 2 Associate Planner 1 Associate Planner / GIS 1 Assoc. Planner/Zoning Administrator 1 Office Assistant 1 Housing Specialist 0.63 PT Secretary 9.63 Finance Department 1 Director of Finance 1 Assistant Finance Director 1 Payroll Coordinator 1 Staff Accountant 1 Administrative Assistant 5 Accounting and Collections Division 1 Financial Accounting Manager 1 Account Clerk l 3 Account Clerk II 1 Account Clerk lll 1 Financial Specialist Water and Sewer Utility Division 1 Financial Utility Manager 4 Account Clerk II 1 Customer Service Clerk 6 Fire Department 1 Fire Chief 2 Asst. Fire Chief 5 Battalion Chiefs 7 Fire Captains 1 Fire Lieutenant Inspector 1 Fire Lieutenant Instructor 14 Fire Lieutenants 21 Fire Equipment Operator 59 Firefighter 3 EMS Shift Coordinators 1 Admin Assistant 1 Management Analyst 1 Community Program Coordinator 117 Legal Department 1 City Attorney 1 Deputy City Attorney 1 Assistant City Attorney 1 Administrative Assistant 4 Library 1 Library Director 2 Asst. Library Director 1 Library Development Manager 1 Library Marketing Coordinator 4 Managing Librarian 7 Librarian 1.75 Operations Manager 1 Graphic Artist 14 Library Asst. II 1.20 Library Asst. I 1 Library Maintenance Engineer 5.47 Hrly. Emp. And Pages 40.42 Museum 1 Director of Museum 1 Assistant Director/Curator 1 Administrative Assistant 1 Exhibit Technician 1 Facilities Maintenance Technician 1 Graphic Artist 1 Curator 1 Museum Marketing Coordinator 1 Registrar 1 Archivist 1 Assistant Curator 0.64 Custodian 0.62 Research Asst. and Visitor Services 0.29 Gift Shop Clerk 12.55 Parks Department 1 Director of Parks 1 Assistant Director Of Parks 1 Admin Asst. 1 Marketing/Fund Development Coordinator 1 Special Events Coordinator 5 Landscape Division 1 Landscape Operations Manager 1 Landscape Lead Operations Worker 1 Landscape Operations Technician 1 Landscape Operations Ground Specialist 2 Arborists 1 Horticulturist 0.67 PT Administrative Assistant 7.67 Golf Course Division 1 Parks Maintenance Worker 1 Parks Division 1 Assistant Parks Director 7 Parks Trades Technician 1 Plumber 1 Lead Parks Maintenance Worker 4 Parks Maintenance Worker 1 Zoo Specialist 1 Groundskeeper 1 Equipment Mechanic 17 Parks Revenue Facilities 1 Revenue Facilities Manager 1 Senior Services Division 1 Manager of Senior Services 1 Program Supervisor 1 Secretary .45 General/Fitness Instructors .27 Building Attendant 3.61 Asst/ Activities Coordinator 7.33 Police Department 1 Police Chief 1 Assistant Police Chief 2 Captains 5 Lieutenants 13 Sergeants 7 Detective 70 Police Officer 5 Liaisons 1 Office Admin Manager Analyst 1 Records Supervisor 1 Secretary 1.67 Court Liaison Clerk 1 Admin Asst 2 Records and Reports Clerk 1 Crime Analyst 1.62 Property Evidence Clerk 4.86 Telecommunications Clerk 4.24 Report Processor 1 Fleet Equipment Coordinator 3.3 PT Community Service Officer 1.89 Parking Control 18 Crossing Guard 154.92 Public Works Department 1 Director of Public Works 1 Assistant Director of Public Works/ Utilities General Manager 1 Engineering Division Manager/City Engineer 1 Management Analyst 1 Administrative Assistant 5 Central Garage Division 1 Public Works Mechanic Manager 1 Mechanics Division Coordinator 6 Fleet & Equipment Mechanics 1 Fleet & Equipment Technician 1 Welder 10 Engineering Division 1 Civil Engineering Supervisor 1 Construction Management Supervisor 1 Principal Civil Engineer 5 Civil Engineer 1 Civil Engineer Tech Program Manager 6 Civil Engineer Techs I 4 Civil Engineering Tech II 1 Utility Locator I 1 Office Assistant 21 Sanitation Division 1 Public Works Sanitation Manager 1 Lead Sanitation Operator 9 Sanitation Operator 1 Office Assistant 12 Street Division 1 Public Works Field Oper. Bureau Manager 2 Public Works Street Supervisor 1 Lead Equipment Operator 30 Equipment Operator 2 Street Maintenance Worker 1 Office Assistant 37 Utilities Division 1 Utility Operations Manager 1 Sewer Utility 1 Wastewater Treatment Plant Manager 1 Wastewater Maintenance Supervisor 1 Industrial / Electrical Technician 1 Industrial Pretreatment Coordinator 1 Chemist 1 Management Analyst 1 Wastewater Plant Supervisor 2 Instrumentation / Electro Mechanical Tech 1 Lead Maintenance Mechanic 5 Maintenance Mechanic 11 Sewage Plant Operator 1 Utility Operator 27 Water Utility Water Filtration Plant 1 Water Filtration Plant Manager 1 Filtration Plant Operations Supervisor 1 Filtration Plant Industrial Electrician 2 Filtration Plant Electrician Maint Techs 6 Filtration Plant Operators 2 Maintenance Mechanics 1 Maintenance Worker 1 Environmental Health Specialist 15 Water Distribution 1 Water Distribution Division Manager 1 Asst. Water Dist. Division Manager 1 Lead Water Equipment Operator 4 Lead Water Maintenance Worker 10 Water Maintenance Worker 2 Office Assistant 19 Transportation Department 1 Director of Transportation 1 Admin. Assistant 2 Citizens of Oshkosh City of Oshkosh Table of Organization Board of Police and Fire Commission 5 Members 5 Year Term Parks Advisory Board 9 Members + 2 Alt Members 3 Year Term Public Museum Board 8+1 alt Member 3 Year Term Storm Water Utility Appeals Board 4 Members 3 Year Term Extraterritorial Zoning Committee 3 +1 alt Member 3 Year Term Library Board 9 Members 3 Year Term Bicycle and Pedestrian Advisory 7 Members 3 Year Term Transit Advisory Board 7 Members 4 Year Term Bid Board 12 + 2 alt Members 3 Year Term Redevelopment Authority 7 Members 5 Year Term Planning Commission 9 + 1 alt Member 3 Year Term Commission on Equal Opportunity Housing 5 Members 3 Year Term Public Arts & Beautification Committee 6 + 1 alt Member 3 Year Term Landmarks Commission 5+ 2 alt Members 3 Year Term Traffic Review & Parking Advisory Board 7 Members + 1 Alt Member 3 Year Term Board of Review 5+1 alt Member 5 Year Term Board of Zoning Appeals 5+1 alt Member 3 Year Term Committee on Aging 9 Members 3 Year Term Rental Housing 7 Members + 1 Alt Member 3 Year Term Sustainability Advisory Board 8 members + 2 Alt Members 3 Year Term Long Range Finance Committee 7 members 3 Year Term Economic Development 1 Economic Development Services Manager 1 Grants Coordinator 1 Economic Development Specialist 3 Transportation Department 1 Transit Operations Manager 1 Transit Operations Supervisor 1 Transport. Mechanic & Maintenance Mgr 1 Lead Mechanic 2 Transit Mechanics 1 Shop Laborer 18.24 Transit Operators 2 Transit Operator Laborer 1 Transit Operator Sign 2 Transit Operator Mechanic 1 Customer Service Clerk 31.24 Traffic Engineering Department 1 Electric Traffic Manager 4 Electrician 2 Traffic Painter 7 Citizen Advisory Boards Citizen Advisory Boards Improve and Maintain our Infrastructure Improve Our Quality of Life Assets Support Business Economic Development Strengthen Our Neighborhoods Develop an Effective, High Performing Government Priority Goals Vision – A thriving and sustainable community offering abundant opportunities for work and life Mission – The City of Oshkosh provides goods and services in pursuit of a safe and vibrant community Guiding Principles Can Do Spirit – Serve the Customer with a Confident Can-Do-Spirit Accountable – Hold Ourselves to the Highest Standards with a Dedication to Preserving the Public Trust Transparent – Provide the Customer with Information on Our Action and Decisions Engaging – Actively Pursue Customer Involvement Throughout the Decision Making Process Economical – Act in a Fiscally Responsible Manner on Behalf of Our Customers Responsive – Respond to Customers’ Requests Equitably and Fairly in a Timely, Informative and Through Manner Innovative – Take a Prudent and Creative Approach to Problem Solving Equitable – Strive to Achieve Equity in the Allocation of Community Resources Housing Authority 5 Members 5 Year Term 7/7/21 641.16 FTE Diversity, Equity And Inclusion 9 Members 3 Year Term 1 Media Services Coordinator 1 Video Editing Technician 1 Communications Coordinator 12 2 Systems Analyst/Developer 7 Complete Board Commission Rules adopted 12-14-2021.pdfOpen Meetings 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 decisionmaking 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 quasijudicial 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 66.120166.1211 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 Donation Form - fillable.pdf CITY OF OSHKOSH DONATION FORM (for gifts and donations $100, or more) 1) Hereby gives the City of Oshkosh (choose Dept/Division): POLICE FIRE SR CTR PARKS/FORESTRY COMM DEV ________ DONOR INFORMATION Organization or Name:____________________________Address:___________________________________________________ Phone:_________________________________________Email:_____ ________________________________________________ Personal Property:_______________________ Valued at: $__________for the purpose of:____________________________ Equipment:___________________________ __ Valued at: $__________for the purpose of:____________________________ Materials:______________________________ Valued at: $__________for the purpose of:____________________________ Description of Service:____________________ Valued at: $__________for the purpose of:____________________________ Other non-monetary gift:__________________ Valued at: $__________for the purpose of:____________________________ Real Property Address:__________________________________________ Assessed or Appraised value: $________________ *Attach a description including type of property (residential, vacant land, land with structures, etc), conditions affecting the value of the property (environmental, zoning, other restrictions, etc), maintenance costs, and any other relevant info. Memorial:___________________________________________________________________Cost: $_____________________ Tribute:________________________________________________ _____________________Cost: $_____________________ Work(s) of Art:_______________________________________________________________Cost: $_____________________ Public Improvement Project or Proposal:_________________________________________ Cost: $_____________________ *For all the above, attach a description to include the purpose of the donation (or intent of the proposal), cost estimates, size, proposed location, timeline, site drawing, type of materials, intended lifespan, future maintenance requirements and costs, and any other relevant information. ⃝ CASH OR CHECK in the amount of: $________________for the purpose of:_____________________________________ or choose category below and if more space is needed for descriptions please attach a separate paper: 2) This Donation is subject to the following restrictions/conditions (if any):_____________________________________________ 3) Will a Donor Recognition Object be requested as part of this gift/donation? YES NO If so, please attach description. 4) The City of Oshkosh will make reasonable efforts to accommodate the intended purpose of the donation, but reserves the right to utilize, relocate, and/or dispose of any item or property (including items funded by donated funds) as the City deems fit. 5) All rights, title, and interest in the above stated item(s) or property is hereby given, donated, and transferred to the City of Oshkosh, its successors and assigns forever and without limiting conditions, except as may be specifically stated herein. It is understood and agreed that I/we Donor(s) retain no right, title, or interest in the donated item(s) or property. 6) To the best of our knowledge, this gift/donation is free and clear of all encumbrances and restrictions. __________________________________________________________________________ _________________________ DONOR Signature(s) Date ______________________________________________ _____________________________________________________ DEPARTMENT HEAD Signature (required) CITY MANAGER Signature (required for donations $500, or more) __________________________________________________________________ DATE Reviewed and Accepted By COUNCIL (if required) Department/Division Use Only: Revenue Acct #__________-4952-___________Expense Acct #___________________________ *****SEND A COPY OF THE COMPLETED DONATION FORM (WITH ATTACHMENTS) TO THE FINANCE OFFICE***** Gifts and Donations Policy - Approved 08-24-2021.pdf Revised and Approved: Resolution 21-410, August 24, 2021 Page 1 of 8 CITY OF OSHKOSH GIFTS, DONATIONS, MEMORIALS, AND NON- COMMERCIAL NAMING POLICY The City of Oshkosh has been enriched by the generous donations of individuals and entities in support of the Oshkosh community. The City of Oshkosh welcomes and encourages support from private individuals and entities that support the programs and services the City provides to the public. The City will review proposed gifts and memorials for the purpose of assisting the donors in reaching their intended goals while recognizing the mission, goals, plans, resources, and limitations of the City as a whole. It is intended that this policy provide a thoughtful review process which considers the intentions of the donor, is sensitive to the needs and desires of the community, and is sensitive to the costs associated with proposed gifts and donations, including long- term costs of maintenance and care. I. PURPOSE The purpose of this Policy is to provide a foundation including guidelines and procedures for considering and receiving proposed donations to the City of Oshkosh and for considering non- commercial requests for naming public property, structures, and facilities. II. DEFINITIONS Donation(s)/Gift(s): Any item proposed to be deeded, bequeathed, or otherwise given or donated to the City of Oshkosh including, but not limited to, endowments, real property, public improvement projects or proposals, structures or portions of structures, money, negotiable securities, materials, equipment, flora, fauna, improvements to facilities or land, statues, monuments, memorials, tributes, sculptures, murals and other public works of art, plaques, and graphics or signs. Donor: A private individual, for-profit company, non-profit organization, public agency, or any other public or private entity wishing to make a donation or gift to the City of Oshkosh. Donor Recognition Object: A physical object such as a plaque or sign placed to acknowledge a donation or gift. Monument/Memorial: An item or object established to preserve the memory of a deceased person(s) or an event that occurred in the past. Any statue, sculpture, mural or other structure or landscape feature designed to perpetuate in a permanent manner the memory of any person, group, event, or other significant element of history. Park Amenity: Typical park improvements that contribute to the traditional use of park land such as benches, play structures, picnic tables, shelters, sports facilities, trails, etc. Public Art: Any Work of Art to be donated to the City and integrated into the design of, or placed or performed in, on or about a place generally accessible or visible to the general public.  “Work of Art" shall include any application of skill and taste to the production of tangible objects according to aesthetic principles, including but not limited to paintings, sculptures, engravings, carvings, frescoes, mobiles, murals, collages, mosaics, statues, tapestries, photographs, drawings and ceramics, but excluding purely structural or supportive elements, advertising, or those required by applicable law, code, rule, or regulation. Revised and Approved: Resolution 21-410, August 24, 2021 Page 2 of 8 Public Improvement Project/Proposal: May include a funded or partially funded capital project(s) request consisting of real property, structures, portions of structures, materials and/or equipment for construction or renovation of a structure or landscape feature. Maintenance activities such as weeding or replanting established gardens, or repair or replacement of existing structures with the same or similar structures, are not considered public improvement projects for purposes of this policy. Tribute: An item, object, or gift designed to acknowledge the contributions of a living person(s) to society. Projects recognizing groups such as persons with cancer or AIDS are also considered tributes. III. APPLICABILITY This policy shall cover all donations and gifts to the City of Oshkosh and any of its Departments or Divisions except for donations made to the Oshkosh Public Library and Oshkosh Public Museum which are made pursuant to their own Donation Policies. Auxiliary organizations and members, volunteers and volunteer organizations directly under the control of any Department/ Division shall also be subject to this policy. Non-commercial requests for naming public property, structures and facilities shall also be considered under this policy. However, this policy is not intended to cover sponsorships, naming rights or other similar arrangements of a commercial nature. The City of Oshkosh retains sole discretion to determine whether to accept or decline any proposed gift or donation. This policy shall not be construed to create any right for any individual or organization to make any improvement or place any items on any public property within the City of Oshkosh regardless of whether their proposal meets any or all of the criteria laid out herein. IV. GENERAL PROCEDURES As donations and gifts vary greatly, the review process may be tailored according to the type of gift or donation proposed and the complexity of the proposal. Those wishing to make a gift or donation are strongly encouraged to contact the recipient City Department(s) or Division(s) at the earliest possible time to discuss the proposed gift and the process for review. The City Manager shall cause a Donation Agreement Form to be created, subject to the Manager's approval, which shall include, as appropriate and applicable, the intent of the proposal, cost estimates, size, proposed siting, timeline, site drawing, future maintenance requirements, and any other information the City Manager may deem necessary and/or useful for the review of proposed gifts and donations. Donation Agreement Forms will be completed for any gifts/donations with a value of $100 or greater. The form may be completed by the Donor or by the Recipient Department or Division. Forms may be completed by the Donor or Department and must contain the signature of the Donor for donations of real and personal property (in all other circumstances, while signatures or correspondence signed by the donor are preferred, they are not required). The Recipient Department/Division shall work with the Donor to complete the form whenever requested. The City Manager may delegate to the appropriate Department Heads the authority to approve gifts/donations valued in an amount of less than $500. If the value of the gift/donation is less than Revised and Approved: Resolution 21-410, August 24, 2021 Page 3 of 8 $100, the recipient Department shall annotate the donation on a spreadsheet provided by the Finance Office which will have the following minimum information on it: Department/Division name, date of donation, amount or value of donation, Munis account number (org, object, project#), date donation was forwarded to Collections Division, and purpose of monetary donation or describe non-monetary donation. The Department Head shall submit the spreadsheet report to the Director of Finance on a semi-annual basis. If the value of the gift/donation is $500 or more, the gift/donation must be approved by the City Manager. If the gift/donation is of real property; Public Art, a Memorial, or Tribute; is conditioned or donated specifically for use for a project or program that is not part of a previously approved/established/existing/budgeted project or program; or is required by statute, ordinance, or other policy of the City to be reviewed by a Board, Commission, or by Council; or if the City Manager determines for any other reason that it is appropriate, the proposed gift/donation shall be referred to any appropriate Boards/Commissions and to the Common Council for review and acceptance. *Completed Donation Agreement Forms shall be filed with the Director of Finance. Specific Provisions Applicable based upon the Type of Donation Monetary Gifts and Donations/Gifts and Donations of Negotiable Securities 1) Previously established funds or campaigns. The City Manager and/or Department Heads, upon approval of the City Manager, are hereby authorized to accept any monetary gifts or donations to be made for a previously approved/established/existing/budgeted fund or capital campaign. 2) Undesignated/Unconditioned Monetary Gifts/Donations. The City Manager and/or Department Heads, upon approval of the City Manager, are hereby authorized to accept any undesignated and/or unconditioned monetary donations made to the City and shall deposit such money with the Finance Department. The amounts shall be deposited in the account(s) that most appropriately matches the intentions of the Donor(s) when identified. 3) Conditioned Donations. In the event that a monetary donation is conditioned or donated specifically for a new Public Improvement Project, Memorial, Work of Public Art, Tribute, or new program, the Donation shall follow the procedures set forth in this policy as if the donation were to be made of the actual program or item proposed to be acquired or constructed. If the donation is not accepted, the Director of Finance shall return the donation to the donor. When appropriate, the Director of Finance may establish a new fund or project within a fund for the donation. 4) Negotiable Securities. The City Manager is hereby authorized to accept donations of negotiable securities when in his/her professional judgment, in consultation with the Director of Finance and the affected Department Head, acceptance of the proposed donation is in accordance with the statutes, rules, and regulations governing municipal finances and investment; and, the proposed donation is not subject to conditions, is for a previously approved/established/existing/budgeted fund or campaign, or is for a Revised and Approved: Resolution 21-410, August 24, 2021 Page 4 of 8 conditioned donation that has been approved pursuant to this policy. Negotiable securities may be held or sold at a marketable rate and the proceeds of such sale used as specified by the donor or as may deemed appropriate in the best interests of the City. Gifts of Real Property The City Manager shall review any proposed donation of real property and make recommendation to the appropriate Boards or Commissions and to the Common Council. Proposed gifts or donations of real property shall be reviewed for suitability for the intended use or potential for resale, any conditions which may be placed upon the use of the property by the donor, potential environmental concerns, probable maintenance costs, and any other relevant information. Appraisals of the property may be requested from the Donor. All gifts or donations of real property shall be reviewed by the Plan Commission for recommendation prior to Common Council action. Non-Monetary Gifts and Donations (excluding real estate) 1) The City Manager and/or Department Heads, upon approval of the City Manager, are hereby authorized to accept donations of materials or other items made for previously approved/established/existing/budgeted projects or materials or other items that are typical for use in a City Department or Division. 2) The Director of Parks is hereby authorized to accept donations of typical park and recreation amenities such as benches, recreation program and sports equipment, gifts of trees or other flora, and similar items without other formal approval required. 3) For other gifts and donations including, but not limited to, substantial gifts such as Public Art, Memorials, Tributes, and Public Improvement Projects, the City Manager, Boards/Commissions and Common Council shall consider all of the circumstances surrounding the proposed gift including the criteria as enumerated within this policy and as may be applicable to the proposed donation. If the donation is approved and if appropriate, the Director of Finance may establish a new fund or project within a fund for the donation. V. CRITERIA FOR EVALUATING GIFTS AND DONATIONS In order to assist potential donors to fulfill their desires to make a gift or donation to the City of Oshkosh and to ensure that all gifts and donations are consistently, fairly, and thoughtfully reviewed, the City will be guided in its review of proposed gifts and donations by the following guidelines. Donations of Memorials/Tributes/Public Improvement Projects, and Works of Art: When reviewing proposed donations of Memorials, Tributes, Public Improvement Projects, and Works of Art, the following criteria shall be considered, as well as any other criteria which may be relevant on a case by case basis:  Consistency with the mission, policies and master plans governing the City of Oshkosh and/or the particular Department or Division  Whether the proposed donation/gift provides improvements to an area of the City which may be deficient in public amenities Revised and Approved: Resolution 21-410, August 24, 2021 Page 5 of 8  Whether the proposed donation/gift promotes the preservation of historical and cultural aspects of the community  Whether the proposed gift/donation has an educational component  Whether the proposed donation/gift helps to promote conservation, preservation, and protection of the natural environment  Whether the proposed gift/donation helps to promote preservation of natural areas and greenspace where such preservation is suitable, is contemplated by plans, or is otherwise desirable  Whether the proposed gift/donation provides a new or different experience for the public  Whether the proposed gift/donation promotes the use of public spaces for a variety of interests such as special events, sports tournaments, competitions, and other recreational opportunities, including both active and passive recreation in a park or other area where such uses are suitable, are contemplated by plans, or are otherwise desirable  Whether the proposed gift/donation is suitable for the purpose proposed  Whether the proposed gift/donation is compatible with the proposed location, if one has been identified, and other users of the public space  Whether the proposed gift/donation compliments or is harmonious in quality, scale, and character with existing improvements and features in the area  Whether the proposed gift/donation is a traditional park or municipal amenity  Whether the proposed gift/donation reuses, rehabilitates, or restores an existing park or municipal feature or replaces aging, outdated, or unsafe infrastructure  Suitability of the gift/donation to the environmental conditions of public display  Susceptibility of the gift/donation to wear and vandalism  Suitability of the gift/donation to the technical requirements or design standards for installation of improvements in public places  Whether any public safety or security issues are identified and the potential danger to the public health, safety, or welfare associated with the proposed gift/donation  Whether the proposed gift/donation complies with all applicable codes including building codes and ADA requirements  Whether the proposed gift or donation is restricted in any manner and the impact of those restrictions or contingencies  If the proposed gift/donation is real property, the financial implications of removing the property from the City's tax base  Financial implications to the City of Oshkosh based on the cost of the proposed gift/donation or project implementation including installation and ongoing maintenance and the costs of relocation or removal, if necessary. The level of maintenance and costs of relocation or removal vary depending on the nature of the proposed gift/donation. In general, donors will be asked to contribute enough money to cover long term maintenance costs, relocation and removal, if reasonably anticipated. These costs shall be estimated and submitted with the donation form and may be provided through the establishment of a maintenance fund, endowment, or other suitable means. Revised and Approved: Resolution 21-410, August 24, 2021 Page 6 of 8 The City may agree to take on future maintenance costs and shall consider the following criteria when making such decision. o The community's need or desire for the donation or improvement; o Whether, and to what extent, the proposed gift/donation provides new or diverse experiences for community members and visitors; o The financial capacity of the donor; o Ease of maintenance and repair; and o Whether the annual maintenance cost is so low as to be negligible. The City shall also consider that circumstances may arise which may prevent a donor or previously established maintenance fund from covering the costs of maintenance and care and that these costs may ultimately become a City responsibility. Works of Art In addition to the above listed criteria, if the proposed gift/donation is a Work of Art, the following criteria shall be considered as well as any other criteria which may be relevant on a case by case basis:  Quality of the work based upon a professional assessment of the work, detailed written proposal, drawing, maquette, or photographs  Suitability of the theme of artwork to a public venue  Appropriateness of the artwork to the site, in the case where a particular site has been requested or identified  Appropriateness of the process for selecting the artist or artwork  Qualifications of the artist based on documentation of past work and the artists professional qualifications Memorials / Tributes / Naming The City of Oshkosh respects the desire of individuals to commemorate special events or the lives of loved ones, living and deceased. However, the City also recognizes that other community members who visit public places may desire not to be burdened with a constant reminder of mortality, death, or traumatic events. The City also recognizes the important contributions of many individuals to community life and that it is simply impossible to recognize all of those contributions. To that end, if the proposed gift/donation is a Memorial or Tribute or a non- commercial request to name a public space or other item, the City of Oshkosh shall consider the following criteria, as may be appropriate to the particular donation, in addition to those criteria identified above.  The person memorialized must have been deceased for a minimum of five (5) years; or an event must have occurred at least five (5) years ago.  The proposed gift/donation must have timeless qualities and make a statement of significance for future generations  The proposed gift/donation must represent a person or event deemed significant to the City of Oshkosh's history; names of individuals who have made a significant contribution directly and locally to the City of Oshkosh shall be preferred over the names of national figures Revised and Approved: Resolution 21-410, August 24, 2021 Page 7 of 8  The proposed gift/donation must meet the general criteria enumerated in this policy  Whether any increased use of the park or public area resulting from the placement of the memorial or tribute is appropriate to the surrounding context and uses  Whether the design of the particular gift/donation is solely representative of the particular person or event being commemorated or is of a broader community appeal  Whether the proposed gift/donation has a functional component  Whether the individual or group is associated with the particular building, park, or other public facility at issue  When possible, the family should be contacted and allowed an opportunity to comment upon the naming of a building, park, or facility after an individual  In and of themselves, contributions of land or money for public facilities shall not be considered sufficient justification for naming or renaming facilities after individuals, in tribute or memoriam VI. DONOR RECOGNITION OBJECTS The City of Oshkosh appreciates the desire of some donors to be recognized either personally or on behalf of another for their generous donations. If a donor recognition object is to be included as part of a proposed gift/donation, such object should be specifically identified and submitted with the Donation Agreement Form for approval. In general, it is the policy of the City of Oshkosh to limit donor recognition objects to plaques or other recognition objects which are small in scale, which do not detract from green space areas and/or which are part of an approved project, for example projects involving the use of personalized decorative tiles or pavers. The City Manager and Department Heads are hereby authorized to approve Donor Recognition Objects which are proposed in accordance with this policy. VII. ADDITIONAL REQUIREMENTS Establishment of Trust Accounts. Trust accounts must be designated for a specific purpose and an appropriate trust agreement must be created. The City of Oshkosh will not create a separate Trust Account for donations in an amount smaller than $10,000. For amounts greater than $10,000, the Donor may request and the City of Oshkosh may establish a separate Trust Account for the donated funds. Private Construction. If construction of a Public Improvement Project is coordinated or contracted for by the donor, the donor will be responsible for complying with all federal, state, and local laws which may include competitive bidding. The donor will also bear the cost of all necessary permits, approvals, project management, design, installation, and manufacture of the gift/donation unless these costs are specifically accepted or waived by the City of Oshkosh. Proof of compliance with the City's insurance requirements for contractors will be required before work may commence on any Public Improvement Project. Improvements made in a public place become the property of the City of Oshkosh and are subject to the laws, policies, and procedures of the City of Oshkosh. Revised and Approved: Resolution 21-410, August 24, 2021 Page 8 of 8 Damaged, lost, stolen or worn gifts or donations. The City is not obligated to replace any gift/donation or improvement if it is lost, stolen, damaged, or worn. The City of Oshkosh reserves the right to remove any donated project or portion of a project for safety reasons, deterioration caused by age, neglect or vandalism, and/or the City's inability to finance ongoing maintenance or repairs. Acknowledgements & Anonymity. All donations for which the donor does not request anonymity shall be acknowledged by the City Manager, Director of Finance, or appropriate Department Head with a letter of appreciation. For a monetary gift given in memorial, tribute, bequest, or in recognition of someone, a letter shall be sent to the person or family of the person being honored. Because the City of Oshkosh is a municipal entity and subject to the provisions of the Wisconsin Public Records Law, the City cannot guarantee anonymity of individual donors but will work with individuals who wish to remain anonymous in their donations to provide appropriate means for those individuals to make their gifts/donations while maintaining their privacy. Appraisals. The City may, at its option, request or require an appraisal of real or personal property prior to the acceptance of any gift or donation. Waiver of Terms of this Policy. The City Council may waive any of the criteria specified within this policy upon a finding that it is in the best interests of the City to do so. Tax Liability. It is the responsibility of the donor to assign a monetary value to a gift or donation for tax purposes. Information provided by the City of Oshkosh, its officials, employees, or agents in connection with gifts/donations is intended to be informational only and is not intended to be a substitute for professional financial or legal advice or opinions. The City of Oshkosh makes no representations or guarantees as to the tax implications of any gift or donation made to the City. Donors are responsible and are advised to obtain their own tax and financial advice from appropriate professionals. VIII. REPORTS Departments shall report gifts/donations made through the completion of a Donation Agreement Form for any gifts/donations with a value of $100 or more to the Director of Finance. If the value of the gift/donation is less than $100, the recipient Department shall annotate the donation on a spreadsheet provided by the Finance Office which will have the following minimum information on it: Department/Division name, date of donation, amount or value of donation, Munis account number (org, object, project#), date donation was forwarded to Collections Division, and purpose of monetary donation or describe non-monetary donation. The Department Head shall submit the spreadsheet report to the Director of Finance on a semi-annual basis. Annually, after the close of the fiscal year, the Director of Finance shall provide a report to the Council including details of gifts/donations. Trust Funds will be reported separately on the annual Trust Report. Parks Advisory Board Manual 2022.pdfMicrosoft Word - Parks Advisory Board Manual 2022 Parks Advisory Board 2022 Board and Commission Rules Role and Responsibilities / Ordinances Guidance for Decision Making Open Meetings Public Records Ethics Insert Board and Commission Rules ARTICLE VI. CITIZENS ADVISORY BOARDS AND COMMISSIONS DIVISION 1. GENERAL PROVISIONS 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. (B) Except for boards and commissions specifying a particular membership by the person’s position or title and members of the Library Board and BID Board, all persons appointed to or serving as a member of a standing board or commission of the City shall be residents of the City of Oshkosh. A vacancy is created whenever a member who is required under this section to be a resident of the City of Oshkosh ceases to be a resident of the City of Oshkosh. (C) Individuals shall serve on no more than two (2) boards or commissions for the City of Oshkosh. (D) In order to provide continuity, appointments to boards and commissions shall be made upon a staggered basis so that a proportionate share of each board or commission is initially appointed for staggered terms and thereafter appointed for full terms. (E) Boards and commissions shall hold regular meetings at a regular time and place as fixed by the board or commission. Special meetings may be called by the chairperson upon written notice to the members. Meetings shall be duly and properly noticed and open to the public as provided by law. (F) Boards and commissions shall generally be governed by such rules of order as the Council may adopt from time to time as may be necessary for the efficient conduct of business. Boards and commissions may, in addition to those general rules, adopt specific rules for their governance and procedures as may be appropriate for the conduct of business before the individual board or commission. The most recent version of Roberts Rules of Order may be used for guidance if a matter is not addressed within the adopted Rules of Order. (G) Each board and commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed with the secretary of the board or commission or with the City Clerk and shall be public records. Minutes of the meetings shall be forwarded to the City Council. (H) Each board and commission shall elect from its membership a chairperson who shall preside at all meetings and a vice chairperson who shall exercise the powers of chairperson in the absence or disability of the chairperson. Each shall serve one-year terms, until a successor is elected and qualified. (I) No compensation shall be paid to any board or commission member for service as such, but members may be reimbursed for actual and necessary expenses incurred in performing related duties outside the City if so authorized by the board or commission and approved by the City Manager. (J) A majority of the membership shall constitute a quorum. A lesser number may adjourn. A majority vote of those members present and voting shall be necessary to adopt any motion. In the event that a board or commission member declines to vote, except as provided below, the secretary shall record the vote as “present” and 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. In the event that a board or commission member declines to vote and by declining to vote, the board or commission member’s declining to vote shall reduce the number present at the meeting to below a quorum of the board or commission, city 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. (K) The Mayor, subject to Council approval, or the chairperson, subject to board or commission approval, may establish subcommittees for specific purposes as determined by the Council, or the board or commission. These general provisions shall apply to all subcommittees. (L) The Mayor, subject to Council approval, may appoint up to two (2) alternates to any board or commission except the Police and Fire Commission, the Library Board or as otherwise may be prohibited by law. Without regard to the length of term for other members of the Board or Commission, the term for each alternate member shall be two (2) years. Alternates shall be authorized to act in the place of and shall have all authority and responsibility to act as a member of the board or commission in the absence or upon the recusal of any regular member of the board or commission. (M) The Mayor, subject to Council approval, may appoint up to two youth members, defined as persons between the ages of 15-19, to any board or commission except the Police and Fire Commission, the Library Board or as otherwise may be prohibited by law. Without regard to the length of term for other members of the board or commission, the term for each youth member shall be one (1) year, or such other term no longer than one (1) year, as may be specified within the appointing Resolution (ex. an appointment for a semester or school year). Youth members shall not be entitled to vote on matters but may participate in the discussion of legislative matters before the board or commission in the same manner as other board or commission members, but may not participate as a member of the board or commission in quasi-judicial matters that may come before the board or commission. SECTION 2-51 ADVISORY PARK BOARD (A) Membership and Terms The Advisory Park Board shall consist of nine (9) members, one of whom shall be a City Council Member. Citizen members shall serve for a term of three (3) years and the council member shall serve for a term of one (1) year. (B) Functions The Advisory Park Board is empowered and directed to: (1) Advise and assist the City Parks Director, City Administration, Common Council, and Planning Commission in planning and developing the Oshkosh Park System to include parks, open spaces, forestry, municipal cemeteries, waterways, and other related areas. (2) Participate in the development of the Parks Capital Improvement Program and annually recommend priorities. (C) Coordination of the Advisory Park Board with other Governmental Units Prior to acting on the Park Capital Improvements Budget or any Park Acquisition or sale the Common Council and Planning Commission shall obtain an advisory review from the Park Board. Guidance for Decision-Making General Matters Role: The Advisory Park Board is responsible for reviewing and providing a recommendation on various items related to the operation of the City’s Park and Recreation areas before the Council takes final action. These are nearly always legislative determinations. General Procedures – Legislative Matters Introduce the items by title Open public comment / enforce the rules of procedure Close the public comment period Board action – motion (motions should always be made in the affirmative – move to approve), second, discussion, vote Forward recommendation to Council Some considerations related to particular items may include: □ The proposed action is generally consistent with the vision, goals, objectives and policies contained in the Park Plan, Comprehensive Plan or other applicable plan □ The proposed action will not be detrimental to or will enhance the park, property in the immediate vicinity or the community as a whole □ The proposed action will not have a significant adverse impact on the ability to provide adequate public facilities or services or will improve public facilities and services for an underserved portion of the community or the community as a whole General Matters with Significant Impacts on Individual Persons or Properties Role: The Advisory Park Board is responsible for reviewing and providing a recommendation on various items related to the operation of the City’s Park and Recreation areas before the Council takes final action. In some cases, these recommendations may have significant impacts on individual persons or properties. When the Board is considering matters that have a significant impact for particular individuals or particular properties, the Board may be required to provide those individuals Due Process. It is very important in these situations to assure that Board members hear matters fairly and impartially. General Procedures -- Quasi-judicial Matters Introduce the items by title Report site inspections / disclose communications by Board members Accept staff report as part of record and request staff to provide summary / technical questions to staff Open public comment / enforce the rules of procedure Request statement / information from applicant Call for any additional public comment (the Chair may ask all questions be directed to the Board and the Board may follow through to seek answers as appropriate) Close public comment period Any closing comments from applicant Board action – motion adopting the staff report as the findings and recommendation of the Board (with amendments as appropriate), second, discussion, vote Forward recommendation to Council Some considerations related to particular items may include: □ The proposed action is generally consistent with the vision, goals, objectives and policies contained in the Park Plan, Comprehensive Plan or other applicable plan □ The proposed action will not be detrimental to or will enhance the park, property in the immediate vicinity or the community as a whole □ The proposed action will not have a significant adverse impact on the ability to provide adequate public facilities or services or will improve public facilities and services for an underserved portion of the community or the community as a whole □ If the action involves a particular property or owner, the effect upon that property/owner; i.e. is the particular action enhancing or detracting from the owner’s interests; if detracting, is the effect on this owner proportional when considered against the interests of the public as a whole, may any adverse effect be mitigated? The minimum requirements of Due Process include timely and adequate notice; the opportunity to be heard before an impartial body; as well as the opportunity to review and question the information provided to the Commission; and present and question witnesses. Special Considerations when dealing with individuals or individual properties / Hearings / QuasiJudicial Hearings Impartiality / Avoiding Bias In addition to the specific ethics requirements contained in the Wisconsin statutes, when acting in a quasi-judicial manner commission members must not harbor bias, or an impermissibly high risk of bias, or prejudge the matter before them. Does your relationship with the applicant or others related to the case before you bias or prejudice your independent review and judgment of the case? Avoid even the appearance of Bias or conflict of interest. Balance this with the responsibility to act as a member of the commission when appropriate. Courts have not found a conflict of interest or an impermissibly high risk of bias simply because a member of a board or commission has an expertise in a particular area or because a member may have strong feelings about a particular issue, as long as the member can fairly hear and judge the matter before them. Recusal and Abstention – If you believe that you have a bias or conflict, or that there may be an appearance of bias or conflict and you have determined not to vote on a matter, you should recuse (separate yourself) yourself from discussion and consideration of the matter – this is not the same as abstaining (simply not voting on the matter). If there will be significant discussion of the matter you should consider sitting in the audience or leaving the meeting; if the matter is fairly routine this may not be necessary and may be more disruptive to the meeting. Due process /fairness and impartiality in a hearing: As a Commission – ensure impartiality in the process Ensure that proper notice is provided to affected persons Provide reasonable opportunity to be heard Base your decisions on the facts presented at the hearing and statutory and ordinance standards Other considerations: Onsite inspections - If you go, you need to have permission to go on the property, otherwise it is trespass. If the commission goes as a group to visit the site, then the public is also allowed to visit as it is an open meeting. Group visits must be noticed as an open meeting. All questioning and discussion should be saved for the formal meeting setting to allow for adequate opportunity for people to hear the discussion and for the taking of minutes. Information gathered during a site visit must be included in the hearing record to be considered. Ex parte Communications -- Ex parte Communication is discussion regarding a pending matter not included in the public record. Avoid it. If you do have a discussion, disclose it and encourage citizens to make important information part of the record. Do not consider information gathered in discussions outside of the hearing in the decision, if you feel you cannot set the information aside, consider not hearing the matter. Depending upon the item before you, it may be advisable to formally document your decision and the basis for the decision – in many cases this may be accomplished more informally by reference to the staff report and recommendation and through the minutes to the meeting. Review and Recommend CIP Role: The Advisory Park Board is responsible to review and make a recommendation to the Common Council relative to the City’s proposed Capital Improvements Program (CIP). This is a legislative action. General Procedures – Legislative Matters Introduce the items by title Request staff to provide summary/technical questions to staff Open public comment / enforce the rules of procedure Close the public comment period Board action – motion in the affirmative to recommend the Capital Improvements Budget to the Council (with amendments as appropriate), second, discussion, vote Forward recommendation to Council Ordinance Reference: 2-51(B) and (C) provide that the Advisory Park Board will participate in the development of the Parks Capital Improvement Program and annually recommend priorities; and that prior to acting on the Park Capital Improvements Budget or any Park Acquisition or sale the Common Council and Planning Commission shall obtain an advisory review from the Advisory Park Board. Gift Policy and Procedures Role: The Advisory Park Board is responsible to review and make a recommendation to the Common Council relative to proposed gifts and donations. The City’s Gift Policy does allow for the establishment of programs and gifts of typical amenities without full review, however gifts of Art, new programs or substantial or new gifts, not within an established program, would require review and recommendation from the Advisory Park Board if proposed in connection with City parks. This is a legislative action. General Procedures – Legislative Matters Introduce the items by title Request staff to provide summary/technical questions to staff Open public comment / enforce the rules of procedure Close the public comment period Board action – motion in the affirmative to recommend the acceptance of the proposed program or gift to the Council (with amendments as appropriate), second, discussion, vote Forward recommendation to Council Criteria - See Gift Policy for Specific Criteria. Insert Copy of Gift Policy Open Meetings and Public Records Public Policy In recognition of the fact that a representative government of the American type is dependent upon an informed electorate, it is declared to be the policy of this state that the public is entitled to the fullest and most complete information regarding the affairs of government as is compatible with the conduct of governmental business. To implement and ensure the public policy herein expressed, all meetings of all state and local governmental bodies shall be publicly held in places reasonably accessible to members of the public and shall be open to all citizens at all times unless otherwise expressly provided by law. §19.81 (1) and (2) Wisconsin Statutes OPEN MEETINGS The Open Meetings law requires all meetings of State and Local governmental bodies to be publicly held in places reasonably accessible to and open to all citizens at all times, unless otherwise expressly provided by law. The Open Meetings law applies to “meetings”. A meeting is defined as 1) the convening of members of a governmental body 2) for the purpose of exercising the responsibilities, authority, power or duties delegated to or vested in the body. 1) A “governmental body” is defined as: “a state or local agency, board, commission, committee, council, department or public body corporate and politic, created by constitution, statute, ordinance, rule or order … or a formally constituted subunit of the foregoing.” 2) “Meeting" includes regular and special meetings of the board or commission but may also include other types of interactions and gatherings, a meeting may be formal or informal, and includes discussion or information gathering on matters within the Board’s realm of responsibility. Two Tests -- the purpose requirement and the numbers requirement. The Purpose Test -- What is the purpose of this gathering? Are you exercising the responsibilities, authority, power or duties delegated to this board? Are you discussing or gathering information on a matter before you or likely to come before you? The Numbers Test – If one half or more of the members of the body are present, it is rebuttably presumed to be a meeting. The numbers test is met when a number sufficient to determine the body’s course of action on the business under consideration is present. (Negative quorums – majority and supermajority votes) If both tests are met, then there is a meeting of the governmental body. Communication Outside of a Regular Meeting: Social Gatherings - the statute specifically excludes social or chance gatherings and other gatherings where you are not exercising your authority, power, or responsibilities. Written correspondence – The circulation of a paper or hard copy memorandum or letter among the members of a governmental body is generally not going to be considered a “convening of the members” for purposes of the open meetings law. This is going to usually involve a largely one-way flow of communication, any exchanges that may occur are probably going to be spread out over time, and there will be little or no conversationlike exchange between members. Not recommended for quasi-judicial matters. Telephone conference calls would be very similar to in-person conversation and exchanges and would be viewed as a convening of the members of the body. Electronic Communications such as email and instant messaging may constitute a convening of the members depending on how the communication medium is used. No court has yet applied the open meetings law to this type of correspondence, but it is likely the court will evaluate this similarly to other types of situations it has evaluated and look at whether it is more like written correspondence or more like in-person communication. The AG’s office has given some guidance on this issue and says that courts are likely to consider (1) the number of participants involved in the communications; (2) the number of communications regarding the subject; (3) the time frame within which the electronic communications occurred; and (4) the extent of the conversation-like interactions reflected in the communications. The AG’s office strongly discourages the members of every governmental body from using electronic mail to communicate about issues within the body’s realm of authority. This type of communication has a very rapid nature of back and forth exchanges, the general way many people write email is in conversational tones, be aware that you may think you are sending to only one person but your email may be forwarded and commented upon and you, as the sender, will have no control over that type of exchange. Someone can hit "reply all" and the conversation is started. A Walking Quorum is a series of gatherings among separate groups of members of a governmental body who agree tacitly or explicitly to act uniformly in sufficient number to reach a quorum. The requirements of the open meetings law cannot be circumvented by using an agent or surrogate to poll the members of governmental bodies through a series of individual contacts. The essential feature of the “walking quorum” is the element of agreement among members of a body to act uniformly in sufficient numbers to reach a quorum. Where there is no agreement theoretically exchanges may take place without violating the open meetings law, however this is not recommended. General discussion regarding public policy and matters should be held in public meetings unless an exception to the open meetings law applies. Meetings of Multiple Bodies/Notices of Observation When a quorum of members of one governmental body attend a meeting of another governmental body under circumstances that are not chance or social, in order to gather information or otherwise engage in governmental business regarding a subject over which they have the decision-making responsibility, both governmental units must be noticed. If you are planning to attend something other than your usual meetings that may fit within your responsibilities, let staff know if you are invited to something and if you plan to attend, so that the matter can be noticed properly if needed. Generally, it is easier and safer to avoid the potential issues being raised than to try to defend actions later. If the Open Meetings law applies, what is required? Notice – reasonably apprising the public and media of the topics to be discussed and items to be acted upon Timing – at least 24 hours in advance; 24 hours is a minimum, greater notice is preferable Closed Sessions must be noticed – limited to statutory exceptions; must be approved by City Manager or City Attorney Accessibility – must be reasonably accessible, open to the public, reasonably accessible to persons with disabilities Tape recording/videotaping -- o.k. as long as it does not interfere with the conduct of the meeting Citizen participation – The open meetings law allows citizens the right to attend and observe but does not require that the public be allowed to speak or actively participate, unless required by another statute, such as a public hearing on zoning issues. The governmental body is free to determine for itself whether and to what extent it will allow citizen participation. Minutes and recording of votes – you are required to keep a record of the motions and roll call votes of each meeting of the body; you may keep additional information as it may be relevant and helpful to the Council or other bodies reviewing the matters that have come before your board. PUBLIC RECORDS Generally, staff will take care of this for you. Records will be maintained by staff so you do not need to keep copies of the agenda, minutes and other items that you receive from staff, except as it may be helpful to you in doing your functions. If you receive private correspondence, letters, emails, texts, social media messages, or any other form of recorded or written communication or information related to the business of this body, those are also public documents. The records must be kept – you may keep them yourself or you may give the records to staff to maintain. The general retention period is 7 years so whatever method you choose, you should make sure to maintain the records for a period of at least 7 years. Staff will also respond to all records requests. If there is a request for documents that includes for example, emails to the members. We would get in touch with you and request members supply all information that they have in their possession that may be responsive to the request, we would then evaluate it and provide the appropriate information responsive to the request. Using your own computer for the conduct of governmental business – email, blogging, etc…... not recommended. Use of your own computer or other electronic device may raise concerns related to record retention and the privacy of the “private” system may be challenged. Some possible solutions may include the creation of a separate email address solely for the purpose of this commission and its correspondence or creation of a separate folder for this purpose within your email system. The new city website establishes a contact form for each board member for emails. Email inquiries or comments made through this contact form are automatically archived by the City’s computer system, however, if you respond to the person via email, you should archive the email using one of the methods outlined above and copy the email to your city staff liaison so the email may be archived in the city system. If you receive an email to your own email address outside of this contact system, you should archive the email using one of the methods outlined above and/or copy the email to your city staff liaison with a note that you received it at your home address and are providing the copy for archive purposes. ETHICS In general, there are two kinds of restrictions placed upon local officials. The first restricts an official from personally profiting from holding the public office. The second restricts an official from participating in decisions in which the official has a personal financial interest. Accepting items A. A local public official may not accept items or services of substantial value for private benefit, or for the benefit of the official's immediate family or associated organizations, if offered because of public position. B. A local public official may not accept (and no one may offer or give) anything of value that could reasonably be expected to influence the official's vote, official actions or judgment. C. A local public official may not accept (and no one may offer or give) anything of value that could reasonably be considered a reward for any official action or inaction. Controlling conflicting interests A. A local public official may not take official action substantially affecting a matter in which the official, the official's immediate family, or associated organization has a substantial financial interest. B. A local public official may not use office or position to produce a substantial benefit for official, family, or associated organization. If you have any questions about an upcoming item and whether you should vote on it or if you have any questions about a gratuity or anything else where you are concerned about the ethics of it, please feel free to call the City Attorney’s office.  substantial means not nominal, insignificant or trivial  "Associated", when used with reference to an organization, includes any organization in which an individual or a member of his or her immediate family is a director, officer or trustee, or owns or controls, directly or indirectly, and severally or in the aggregate, at least 10% of the outstanding equity or of which an individual or a member of his or her immediate family is an authorized representative or agent. ADDITIONAL RESOURCES State of Wisconsin www.wisconsin.gov League of Wisconsin Municipalities www.lwm-info.org The League offers a number of useful handbooks and publications including a general Handbook for Wisconsin Municipal Officials UW – Extensions Local Government Center www.lgc.uwex.edu