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HomeMy WebLinkAbout04-308 AUGUST 24, 2004 04-308 RESOLUTION (CARRIÈD~ LOST AS AMENDED LAID OVER WITHDRAWN ) PURPOSE: SET REFERENDUM TO ELECT MAYOR AND ESTABLISH POWERS AND DUTIES INITIATED BY: . COUNCIL MEMBER ESSLINGER ~"') . '11, /\ 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 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 part-time salaried Mayor, 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, and the Council 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 two-year term. The mayor would remain a voting member of the council. The Council would continue to set the mayor's salary by ordinance. A "yes" vote indicates approval. A "no" vote indicates disapproval. If adopted by the electorate, the Council must approve an ordinance to implement these changes, which become effective upon its publication in the local newspaper. The publication must occur within 10 days of adoption. 1 ORDINANCE TO AMEND SELECTION OF MAYOR [If the electorate adopts this referendum question, the Council would need to adopt this 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 That Section 2-2 of the Oshkosh Municipal Code pertaining to elected officials is repealed and recreated to read as follows: SECTION 2-2 ELECTIVE OFFICIALS; PRIMARY ELECTIONS (A) (B) (C) Which Officials Elected The elective officials of the City of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 two (2) year term; and (2) six (6) Council members nominated and elected from the city at large to serve a two (2) year term. Eliqibilitv 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. 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 2-4 TIME 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. SECTION 2-9 COUNCIL DUTIES (E) Power to Fix Salaries. The Council shall have power by ordinance to fix the salary of any successor Mayor and its own successors in office. 2 (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 PRO VISIONS SECTION 5. That, subject to Section 6 of this Ordinance, the following provisions shall apply: (A) (B) 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. 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. -1 J 3