Loading...
HomeMy WebLinkAbout06-265 AUGUST 22, 2006 06-265 RESOLUTION (CARRIED LOST 2-4 LAID OVER WITHDRAWN PURPOSE: SET REFERENDUM TO GRANT MAYOR VETO POWER INITIATED BY: COUNCIL MEMBER McHUGH BE IT RESOLVED by the Common Council of the City of Oshkosh that the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 7, 2006, pursuant to Sec. 66.0101, of the Wisconsin Statutes. Shall the City of Oshkosh Municipal Code be amended to provide for a Mayor with power to veto measures approved by the Common Council, subject to Council override by two-thirds (2/3rdS) affirmative vote, to be effective at the Council organizational meeting immediately following the April 2007 general election? 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." This ballot contains a referendum question that, if adopted by the electors, grants to the Mayor the power to veto legislation adopted by the Common Council. Presently, the mayor is a voting member of the Council with no veto authority. Under this proposal, the Council has the authority to override the mayor's veto by a 2/3rds affirmative vote, or five votes. A "yes" vote indicates approval. A "no" vote indicates disapproval. If adopted by the electorate, the Council must approve an ordinance to implement this change, which becomes effective upon its publication in the local newspaper. The publication must occur within 10 days of adoption of the enabling ordinance. If adopted, it would take effect when the Council conducts its annual reorganizational meeting immediately following the April 2007 spring general election, or April 17, 2007. ORDINANCE TO AMEND MAYOR DUTIES TO ESTABLISH VETO POWER [If the electorate adopts this referendum question, the Council would need to adopt this ordinance to implement its provisions.] SECTION 1. That Section 2-11 of the Oshkosh Municipal Code pertaining to Duties of Mayor is amended by adding paragraph (K) to read as follows: (K) 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. A two-thirds (2/3rds) vote of all the members of the Council shall then make the act effective notwithstanding the objections of the Mayor. IMPLEMENTATION PROVISIONS SECTION 2. That, subject to Section 3 of this Ordinance, the following provision shall apply: Repeal or Amendment bv 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 3. This ordinance shall be effective upon passage and publication as provided by law and at the Council reorganizational meeting on April 17, 2007. ORDINANCE TO AMEND MAYOR DUTIES TO ESTABLISH VETO POWER [If the electorate adopts this referendum question, the Council would need to adopt this ordinance to implement its provisions.] SECTION 1. That Section 2-11 of the Oshkosh Municipal Code pertaining to Duties of Mayor is amended by adding paragraph (K) to read as follows: (K) 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. A two-thirds (2/3rds) vote of all the members of the Council shall then make the act effective notwithstanding the objections of the Mayor. IMPLEMENTATION PROVISIONS SECTION 2. That, subject to Section 3 of this Ordinance, the following provision shall apply: Repeal or Amendment bv 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 3. This ordinance shall be effective upon passage and publication as provided by law and at the Council reorganizational meeting on April 17, 2007.