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HomeMy WebLinkAbout04-248.doc JULY 13, 2004 04-248RESOLUTION (CARRIED________ LOST __2-5___ LAID OVER ________ WITHDRAWN ________) PURPOSE:SET REFERENDUM / CHARTER ORDINANCE TO ELECT MAYOR AND ESTABLISH POWERS AND DUTIES INITIATED BY:COUNCIL MEMBER ESSLINGER BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to place the following charter ordinance question on a referendum ballot to be voted on at the time provided by statute for holding the fall election, i.e. November 2, 2004. Shall the City of Oshkosh Municipal Code be amended to provide for a Mayor, nominated and elected from the city at large for a three-year term with power to veto measures approved by the Common Council and to serve as chair of the Plan Commission and to further provide for a City Council of six members, nominated and elected from the city at large for a two-year term? YES __________NO ______________ The Wisconsin Statutes do not require the entire text of the proposed ordinance be printed on the ballot; rather, “a concise statement of its nature shall be printed together with a question permitting the elector to indicate approval or disapproval of its adoption.” The fall ballot contains a referendum question that, if adopted by the electors, changes the method by which a Mayor is selected and establishes additional powers. Presently, at its annual organizational meeting, the Common Council elects one of its own members to serve as mayor for a one-year term. The mayor is a voting member of the Council, which sets the mayor’s salary by ordinance. Under this proposal, the mayor would be nominated and elected at large by city electors and would serve a three-year term. The mayor would not be a voting member of the ths council, would have the power to veto Council actions subject to 5/6 Council vote to override, and would serve as chair of the Plan Commission. Additionally, this proposal would create numbered Council positions, such that eligible candidates would declare their candidacy for specific positions. The Council would also have the ability to terminate, ths upon hearing and 5/6-majority approval, certain enumerated city officials. A “yes” vote indicates approval for the mayoral selection process. A “no” vote indicates disapproval. If adopted by the electorate, the ordinance becomes effective upon its publication in the local newspaper. The publication must occur within 10 days of adoption. JULY 13, 2004 04-248RESOLUTION CONT’D CHARTER ORDINANCE TO AMEND SELECTION OF MAYOR AND TO ESTABLISH DUTIES [If the electorate adopts this referendum question, the Council would need to adopt this charter ordinance during the month of November to implement its provisions.] 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: (1) a Mayor nominated and elected from the city at large to serve a three (3) year term; and (2) six (6) Council members nominated and elected from the city at large to serve a two (2) year term. (a)Each Council seat shall be designated by a number, whether 1, 2, or 3 and a letter, either A or B. All eligible candidates shall circulate nomination papers and shall stand election for a designated seat. Nomination and election for the A-designated Council positions shall occur in odd numbered years. Nomination and election for the B- designated Council positions shall occur in even numbered years. (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: 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. JULY 13, 2004 04-248RESOLUTION CONT’D SECTION 4. That Sections 2-9 (E) and (H) of the Oshkosh Municipal Code pertaining to Council Duties are amended to read as follows. SECTION 2-9COUNCIL DUTIES (E)Power to Fix Salaries. The Council shall have power by ordinance to fix the salary of Mayor at not less than $4,000 per year and thereafter to establish the salary of its successors in office. The Council shall have power by ordinance to fix the salary of its successors in office. (H)To Elect Council President At its first meeting on the third Tuesday following the spring general election, the city council shall select by majority vote, one of its members to act as president, who in the absence of the Mayor shall preside at meetings of the council, and during the absence or disability of the Mayor shall have the power and duties of the Mayor. When so officiating, the council president shall be known as "Acting Mayor," shall not have a vote on the Council but shall have the power to approve or disapprove all acts of the Council, per Sec. 2-11 of this Code. However, the council president shall not have power to approve an act of the council which the Mayor has disapproved by filing objections with the clerk. SECTION 5. That Section 2-9(I) and (J) of the Oshkosh Municipal Code pertaining to Automatic Layover of Council Issues and Termination of Certain City Officials is created to read as follows: (I) Automatic Layover of Council Issues In the event that the Mayor is absent from a meeting and that a vote on any issue results in a tie, the issue shall immediately be laid over to the next regular meeting as a pending matter. (J) To Terminate Certain City Officials To terminate, 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. (1) No termination shall occur except after notice to the official of the reasons for termination and public hearing before the Council during which time the official may be represented by an attorney and may compel the presence of witnesses by subpoena (2) Upon clear and convincing evidence that the official’s service is no longer satisfactory or other just cause exists, the Council may ths approve the official’s termination upon a five-sixths (5/6) affirmative vote of all the members of the Council. JULY 13, 2004 04-248RESOLUTION CONT’D (3) Nothing in this subsection is to be interpreted as limiting the powers of the City Manager as provided in Sec. 64.11, of the Wisconsin Statutes. SECTION 6. That Section 2-11 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 a part-time position. When present, the Mayor shall preside at all Council meetings. The Mayor shall not be a voting member of the Common Council, except that the Mayor can vote only to break a tie. It shall be the duty of the Mayor: (A) Preside at Meetings To open the session at the time fixed for the meeting, or at the time to which adjournment may be had, by taking the chair and calling the members to order. (B) Announcement of Quorum To announce or to have announced, at the conclusion of the roll call, the fact of the presence of a quorum or not, as the case may be. (C) Presentation of Business. To announce or to have announced, the business before the Council in the order in which it is to be acted upon. (D) Receive Motions. To receive and submit, in proper manner, all motions and propositions presented by members. (E) Supervision of Voting To put to a vote the questions which are regularly moved or which necessarily arise in the course of the proceedings, and to announce or to have announced the result. (F) Enforce Rules of Order To restrain the members within the rules of order while engaged in debate. (G) Ensure Decorum To enforce on all occasions the observance of order and decorum among the members. (H) Rule on Points of Order To rule on any point of order or practice, subject to an appeal by any member. (I) Issue Proclamations To issue all proclamations. (J) Appointments To appoint, subject to Council approval, members to the various Boards and Commissions within the City. (K)Serve as Plan Commission Chair To serve as presiding officer and a voting member of the Plan Commission. JULY 13, 2004 04-248RESOLUTION CONT’D (L)Recommend Terminations To recommend for termination 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. The provisions of Sec. 2-9 of this Code shall apply. (M)Power to Veto Council Actions 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 regular meeting; except that in the event that all Council members are not present when an override vote is taken, the item shall be automatically laid over to the next regular ths meeting when all Council members are present. A five-sixths (5/6) vote of all the members of the Council shall then make the act effective notwithstanding the objections of the Mayor. IMPLEMENTATION PROVISIONS SECTION 7. That, subject to Section 8 of this Ordinance, the following provisions shall apply: (A) Numbered Council Seats (1) 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. At that time, the three positions shall be numbers 1-A, 2-A and 3-A. For purposes of implementation, the Council position to which Mr. Castle was elected shall be designated as Seat 1-A, Mrs. Mattox as Seat 2-A, and Mr. Poeschl as Seat 3-A. Following the 2005 spring general election, subsequent elections for the “A” Council positions shall occur in the odd numbered years. (a)The fourth Council member position, currently occupied by Mr. Harris, shall be designated as Mayor. Following the 2005 spring general election, subsequent elections for Mayor shall occur every third year. JULY 13, 2004 04-248RESOLUTION CONT’D (2) The members of the Council chosen at the 2004 spring general election shall continue to serve their terms and those positions shall stand for election at the 2006 spring general election. At that time, the three positions shall be numbered 1-B, 2-B, and 3-B. For purposes of implementation, the Council position to which Mr. Esslinger was elected in 2004 shall be designated as Seat 1-B, Mr. Frank Tower as Seat 2-B, and Mr. Burk Tower as Seat 3-B. Following the 2006 spring general election, subsequent elections for the “B” Council positions shall occur in the even numbered years. (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 passage and publication as provided by law.