HomeMy WebLinkAboutParks Advisory Board Manual 2022 (2)
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 / Quasi-
Judicial 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 conversation-
like 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