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JULY 13, 2004 04-247RESOLUTION
(CARRIED________ LOST __3-4___ LAID OVER ________ WITHDRAWN ________)
PURPOSE:SET REFERENDUM / CHARTER ORDINANCE / ELECT MAYOR
INITIATED BY:COUNCIL MEMBER FRANK TOWER
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 and who shall be
a voting member of the Council, and 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. 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 remain a voting member of the
council, which would also set the mayor’s salary by ordinance.
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 04-247RESOLUTION
CONT’D
CHARTER ORDINANCE TO AMEND SELECTION OF MAYOR
[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officials is repealed and recreated to read as follows: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.
(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.
SECTION 4. That Sections 2-9 (E) and (H) of the Oshkosh Municipal Code
pertaining to Council Duties are amended to read as follows.
JULY 13, 2004 04-247RESOLUTION
CONT’D
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 $3,000 per year and thereafter to establish the salary of any successor in
office. The Council shall have power by ordinance to fix the salary of its successors
in office.
(H)To Elect Deputy Mayor
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 deputy
mayor.
IMPLEMENTATION PROVISIONS
SECTION 5. That, subject to Section 6 of this Ordinance, the following provisions
shall apply:
(A) 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. For
purposes of implementation, the Council position to which Mr. Harris was
elected shall be designated as Mayor.
(B)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 6. This ordinance shall be effective upon passage and publication as
provided by law.