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HomeMy WebLinkAbout04-201.doc JUNE 8, 200404-201ORDINANCE FIRST READING (CARRIED ________ LOST ________ LAID OVER________ WITHDRAWN_______) PURPOSE:CHARTER ORDINANCE/AMEND MAYOR SELECTION INITIATED BY:COUNCIL MEMBER POESCHL A CHARTER ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING SECTIONS 2-2, 2-4, 2-11 (various provisions) and 2-20 (A), AND REPEALING SECTIONS 2-3 AND 2-9(H) OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO THE SELECTION OF MAYOR AND DEPUTY MAYOR The City of Oshkosh by the Oshkosh Common Council ordains as follows: SECTION 1. That Section 2-2 of the Oshkosh Municipal Code pertaining to elected officials is repealed and recreated to read as follows: SECTION 2-2ELECTIVE OFFICIALS; PRIMARY ELECTIONS (A) Which Officials Elected The elective officials of the City of Oshkosh shall include: a mayor nominated and elected from the city at large to serve a three (3) year term and six (6) Council members nominated and elected from the city at large to serve a two (2) year term (B) Eligibility Any person possessing the qualifications of an elector in the City of Oshkosh shall be eligible to election as Mayor or as a Council Member. (C) Primary Required A primary election shall be held in the City for the office of Mayor or Council Member whenever the number of candidates exceeds twice the number of positions to be filled. SECTION 2. That Section 2-3 of the Oshkosh Municipal Code pertaining to Terms is repealed. SECTION 3. That Section 2-4 of the Oshkosh Municipal Code pertaining to Time of Taking Office is repealed and recreated to read as follows: JUNE 8, 200404-201ORDINANCE FIRST READINGCONT’D SECTION 2-4TIME OF TAKING OFFICE; ELECTED OFFICIALS The regular terms of the Mayor and Council Members shall commence on the third Tuesday in April following their election. SECTION 4. That Section 2-9(H) of the Oshkosh Municipal Code pertaining to Council Duties is repealed. SECTION 5.That Section 2-11 (the introductory paragraph) of the Oshkosh Municipal Code pertaining to Duties of Mayor is repealed and recreated to read as follows: SECTION 2-11DUTIES OF THE MAYOR The Mayor shall be the presiding officer of, and shall be a voting member of the Common Council. In the absence of the Mayor, the Deputy Mayor shall be the presiding officer of the Council and shall exercise all the duties and responsibilities of the Mayor. It shall be the general duty of the Mayor or other presiding officer: SECTION 6. That Section 2-11 (J) of the Oshkosh Municipal Code pertaining to Duties of Mayor is repealed and recreated to read as follows: (J)Appointments (1) To appoint from the membership of the Council the Deputy Mayor at the Council’s first meeting, held pursuant to Section 2-10(A) of this Code. The Deputy Mayor shall serve a one (1) year term. (2) To appoint, subject to Council approval, members to the various Boards and Commissions within the City. (3)To appoint, subject to a majority vote of the Common Council, the City Attorney, the director of Administrative Services, the City Clerk, the director of Data Processing, the director of Public Works, the director of Finance, the director of Parks, the director of Transportation and the director of Community Development. (4)To recommend for termination, subject to a two-thirds majority vote of the Common Council, the City Attorney, the director of Administrative Services, the City Clerk, the director of Data Processing, the director of Public Works, the director of Finance, the director of Parks, the director of Transportation and the director of Community Development., JUNE 8, 200404-201ORDINANCE FIRST READINGCONT’D SECTION 7.That Section 2-11 (K) and (L) of the Oshkosh Municipal Code pertaining to Duties of Mayor are created to read as follows: (K) To serve as chairperson of the Plan Commission (L) To have veto power as to all acts of the council, except those acts to which the veto power does not expressly or by necessary implication apply. All such acts shall be submitted to the mayor by the clerk and shall be in force upon approval evidenced by the mayor's signature or upon failing to approve or disapprove by noon of the first business day of the week following the Council meeting, which fact shall be certified thereon by the clerk. If the mayor disapproves, the mayor's objections shall be filed with the clerk, who shall present them to the council at its next meeting. A two-thirds vote of all the members of the council shall then make the act effective notwithstanding the objections of the mayor. (M) In conjunction with the City Manager, to develop and present to the Council an annual budget. SECTION 6.That Section 2-20 (A) of the Oshkosh Municipal Code pertaining to Authority Necessary to Discharge Duties is repealed and recreated to read as follows: SECTION 2-20AUTHORITY NECESSARY TO DISCHARGE DUTIES The City Manager shall have the authority to: (A) Authority to Appoint Officers; exception Suspend or lay off all heads of departments appoint, suspend, lay-off or dismiss all subordinate city officials and all employees, except that this Subsection shall not be construed as depriving the Board of Fire and Police Commissioners all the powers conferred by Section 62.13 of the Wisconsin Statutes. SECTION 7. That, subject to the provisions of Section 8 of this Ordinance, the following provisions shall apply: (A) Council Members (1) The members of the Council chosen as the 2004 spring general election shall continue to serve their terms and those seats shall stand for election at the 2006 spring general election. (2) The members of the Council chosen at the 2003 spring election shall continue to serve their terms through noon on the third Tuesday of April 2005. However, one of the four positions shall be designated as mayor and the remaining three positions shall be designated as Council member. JUNE 8, 200404-201ORDINANCE FIRST READINGCONT’D (B)Present Officials Those persons presently occupying the offices enumerated in this chapter shall be and are appointed to, reappointed and confirmed in such offices and positions, notwithstanding any provisions to the contrary until a vacancy in such office occurs. (C)Repeal or Amendment by Implication Provisions of the Oshkosh Municipal Code, which, though not specifically enumerated in this Ordinance, conflict with the provisions of this Ordinance, are either repealed or amended to the extent necessary to carry out the purposes of this Ordinance. SECTION 8. This ordinance shall be effective upon sixty (60) days from passage and publication subject, however, to the referendum procedures of Section 66.01(5), Wisconsin Statutes. Subject to the forgoing, this ordinance shall be in full force and effect from and after its passage and publication.