HomeMy WebLinkAbout20. 17-82
FEBRUARY 14, 2017 FEBRUARY 28, 2017 17-60 17-82 ORDINANCE
FIRST READING SECOND READING
(CARRIED____7-0__ LOST_______ LAID OVER_______ WITHDRAWN_______)
PURPOSE: REPEAL AND RECREATE CHAPTER 2 OF THE CITY OF
OSHKOSH MUNICIPAL CODE PERTAINING TO
ADMINISTRATION AND ARTICLE I DIVISION 2 OF CHAPTER 16
OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING
TO ANTIDISCRIMINATION IN HOUSING
INITIATED BY: LEGAL DEPARTMENT
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING REPEALING
AND RECREATING CHAPTER 2 OF THE OSHKOSH MUNICIPAL CODE
PERTAINING TO ADMINISTRATION TO REFLECT CURRENT CITY STRUCTURE
AND PRACTICES; DESIGNATING LOCAL PUBLIC OFFICIALS; REPEALING
RESIDENCY REQUIREMENTS; UPDATING PROVISIONS PERTAINING TO THE
MUSEUM BOARD AND FAIR HOUSING COMMISSION; PROVIDING FOR THE
ADOPTION OF COUNCIL, BOARD AND COMMISSION RULES; AND REPEALING
AND RECREATING ARTICLE I DIVISION 2 OF CHAPTER 16 OF THE CITY OF
OSHKOSH MUNICIPAL CODE PERTAINING TO ANTIDISCRIMINATION IN
HOUSING TO REFLECT CURRENT CITY STRUCTURE AND PRACTICES FOR
HANDLING OF COMPLAINTS AND TO INCLUDE PROTECTION FOR GENDER
IDENTITY AND/OR EXPRESSION
The Common Council of the City of Oshkosh do ordain as follows:
SECTION 1. That Chapter 2 of the Oshkosh Municipal Code pertaining to City
Administration is hereby repealed and recreated to read as follows:
See Attachment “A”
SECTION 2. That Article I Division 2 of Chapter 16 of the Oshkosh Municipal
Code pertaining Antidiscrimination in Housing is hereby repealed and recreated to read
as follows:
FEBRUARY 14, 2017 FEBRUARY 28, 2017 17-60 17-82 ORDINANCE
FIRST READING SECOND READING CONT’D
See Attachment “B”
SECTION 3. This ordinance shall be in full force and effect from and after its
passage and publication.
SECTION 4. Publication Notice. Please take notice that the City of Oshkosh
enacted ordinance #17-82 REPEAL AND RECREATE CHAPTER 2 OF THE CITY OF
OSHKOSH MUNICIPAL CODE PERTAINING TO ADMINISTRATION AND ARTICLE I
DIVISION 2 OF CHAPTER 16 OF THE CITY OF OSHKOSH MUNICIPAL CODE
PERTAINING TO ANTIDISCRIMINATION IN HOUSING (A GENERAL ORDINANCE
OF THE CITY OF OSHKOSH AMENDING REPEALING AND RECREATING CHAPTER
2 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO ADMINISTRATION TO
REFLECT CURRENT CITY STRUCTURE AND PRACTICES; DESIGNATING LOCAL
PUBLIC OFFICIALS; REPEALING RESIDENCY REQUIREMENTS; UPDATING
PROVISIONS PERTAINING TO THE MUSEUM BOARD AND FAIR HOUSING
COMMISSION; PROVIDING FOR THE ADOPTION OF COUNCIL, BOARD AND
COMMISSION RULES; AND REPEALING AND RECREATING ARTICLE I DIVISION 2
OF CHAPTER 16 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO
ANTIDISCRIMINATION IN HOUSING TO REFLECT CURRENT CITY STRUCTURE
AND PRACTICES FOR HANDLING OF COMPLAINTS AND TO INCLUDE
PROTECTION FOR GENDER IDENTITY AND/OR EXPRESSION) on February 28, 2017.
The ordinance repeals and recreates Chapter 2 of the Municipal Code pertaining to
general city administration and structure. The ordinance updates the Municipal Code
to reflect current city structure and practices; designates local public officials for
purposes of public records requests; repeals residency requirements for department
heads; updates provisions pertaining to the Public Museum Board to clarify their role
and responsibilities and to comply with current practices; updates provisions pertaining
to the Fair Housing Commission to comply with current practices and to clarify their
role and responsibilities; and provides for the adoption of a standard set of rules for the
conduct of business for the Council, Boards and Commissions. The ordinance also
repeals and recreates Article I Division 2 of Chapter 16 of the Municipal Code to reflect
the City’s current structure and practices for handling fair housing complaints and to
include protection for gender identity and/or expression within the types of
discrimination that may be complained of under the ordinance.
FEBRUARY 14, 2017 FEBRUARY 28, 2017 17-60 17-82 ORDINANCE
FIRST READING SECOND READING CONT’D
The full text of the ordinance may be obtained at the Office of the City Clerk, 215
Church Avenue and through the City’s website at www.ci.oshkosh.wi.us. Clerk’s
phone: 920-236-5011.
TO: Mayor and Members of the Common Council
FROM: Lynn A. Lorenson, City Attorney
DATE: January 26, 2017
RE: Revisions to Chapter 2 Administration, Chapter 16 Fair Housing,
Proposed Revisions to Council Rules, and Proposed Rules for City Boards
and Commissions
BACKGROUND
Staff has been working on updating Chapter 2 pertaining to City Administration along
with revisions to the Fair Housing Commission and correspondingly to Chapter 16
pertaining to the Fair Housing Code. Attached are the proposed revisions to those
ordinances along with proposed revisions to the Council rules and proposed rules for
City Boards and Commissions. Staff anticipates placing the ordinances on the February
141h meeting for first reading and all items on the February 28th meeting for adoption but
due to the volume of information wanted to get this information to the Council in
advance of those agendas to allow the Council sufficient time to review the proposed
revisions, ask questions or give direction for any revisions at the first reading of the
ordinances.
Following is a discussion of the proposed changes. In addition, attached to this
memorandum are both a marked and clean version of the proposed ordinance changes
to Chapter 2, a copy of the proposed changes to Chapter 16, and copies of the proposed
rules for Council and Boards and Commissions.
ANALYSIS
Chapter 2 Administration — Proposed Revisions
In general, staff is proposing to clarify language in areas throughout the ordinance, which
clarifications are shown in the attached redline of the proposed ordinance but will not be
specifically called out in this memorandum since they are merely clarification of the
language and do not change the substance of the ordinances. Staff is also proposing to
add parenthetical statutory references as an aid to the Council, staff and the public when
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
reviewing ordinance provisions. These notations are for reference only and do not
change the substance of the ordinance and so are also not specifically noted in this
memorandum.
In addition to those items that staff believes are simply cleanup of ordinance language,
there are several changes proposed to the ordinance which will be reviewed individually
below in the Chapter order.
Article I. General Provisions
Section 2-3 Designation of Local Public Officials
This is a new proposed section designating those individuals who would be considered
local public officials particularly for purposes of the Wisconsin Public Records law. This
question occasionally comes up in connection with public records requests, local public
officials enjoy less privacy in regard to certain types of records than individuals who are
employees or others. The current city ordinances and employee classifications do not
mirror exactly the broader defined categories within the State statutes and so staff is
recommending that the Council clearly define those positions which in the City's current
system would meet the definition of a local public official. Through this new proposed
section the Council will be making a legislative finding as to those individuals that it
believes are local public officials. The proposed categories are consistent with the statutes
and will assist staff in making determinations pertaining to the requirements of state
statutes.
Article II. ELECTION AND ELECTION OFFICIALS
Section 2-7 this section has been changed to match current statutes and practice of placing
seven election inspectors at each polling site.
Article III. LEGISLATIVE
Section 2-9(B) Qualification of Members
This section is proposed to be revised to reflect the statutory requirements for suspension
or removal of members.
City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, W154903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
Section 2-12 Presiding Officer to Vacate Chair in Order to Address Council
This section is proposed to be removed since it is almost never done in practice due to its
somewhat cumbersome nature and because staff believes that these issues are adequately
addressed by the requirements of state statutes governing conflicts of interest and may,
should the council so desire, be otherwise addressed within the council rules.
Section 2-15 Order of Business
This section has been updated to reflect the current practices and agenda order. A
provision has also been added to authorize the City Manager and Council to make minor
changes in the order of business and to address the requirement for a super majority vote
to waive the rules.
Section 2-16(B) Ordinances
This section has been revised to delete the reference to ordinances in the form of
resolutions which is somewhat confusing and has not been used to staff's knowledge. In
addition, the requirements as to reading in full have been modified to reflect the general
rule which is that ordinances are not read in full, though a council member may request
this be done if desired.
Section 2-16(G) Rules of Order
This section has been revised to change the priority of rules from Robert's Rules of Order
supplemented by the Council's own rules to place primary emphasis on the Council's
own Rules of Order with reference to Robert's Rules as may be of assistance to Council
in a particular instance. Robert's Rules were not adopted with local governmental
structure in mind and therefore many of the rules and technicalities do not work
smoothly in connection with common council types of meetings. The City Attorney and
City Clerk have developed working records of the most common motions and items that
come before the Council and how the Council has historically preferred to deal with those
items. Based upon these working records, the City Attorney and City Clerk have
developed proposed Council Rules which deal with the most common motions and items
that come before Council that are proposed for adoption. In addition, working off of
those rules, a set of basic rules for governance of boards and commissions has also been
developed. Staff is proposing that both of these Rules documents be adopted in
connection with the proposed ordinance revisions. These more basic rules documents
will then provide the basic outline for any matter coming before the Council or a board
City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
or commission with the ability to seek additional guidance from Robert's Rules as may
be necessary in a given case. The proposed rules are consistent with Robert's Rules
generally as may have been interpreted and/or revised by prior Councils. Staff believes
that these simplified rules will be easier to use and will create consistency between the
council, boards and commissions of the City.
Article IV. City Manager
Section 2-20(B) has been added to specifically permit the City Manager to fill temporary
vacancies by appointment when necessary. In the description of staff offices and
department some departments include references to succession in the case of absence or
incapacity while others do not. This section would allow the City Manager to appoint a
temporary head in the case a successor is not specified or the successor is unwilling or
unable to serve.
Article VI. Staff Offices and Departments
These sections have been renumbered to incorporate the addition of the Public Museum
within this article.
Section 2-23(B) Residency Requirement
This section is proposed to be repealed. State law has changed since the adoption of this
section and no longer permits municipalities to require residency.
Section 2-24 City Attorney
This section has been revised to include specific authorization to file actions and provide
defense in litigation and to provide assistance to other units of government upon request.
While no questions have been raised in relation to authorization in the City of Oshkosh,
there have been questions raised in other municipalities and in the context of
authorization in mutual aid and so this revision would provide that authorization
without requiring further approval for any individual cases and assure that insurance
coverage or authorization issues are not raised in an attempt to confuse or delay
substantive issues.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
Section 2-25 City Clerk
This section is proposed to be revised to reference the elections responsibilities of the
Clerk and to give the City Clerk authority to correct minor clerical error in minutes,
ordinances and resolutions and other documents without requiring the matter to be
brought back to Council.
Section 2-26 Administrative Services
This section has been revised to reflect changes in the organizational structure of the
Department.
Section 2-28 Public Works
No substantive changes are proposed.
Section 2-29 Finance Department
This section has been revised to reflect changes in the organizational structure of the
Department.
Section 2-30 Fire Department
The only change proposed is to reflect the current practice that due to the wide range of
this description and potential numbers of letters and other documents, the Chief is given
the discretion when to inform the Police and Fire Commission of commendations and
reprimands.
Section 2-31 Police Department
The only change proposed is to reflect the current practice that due to the wide range of
this description and potential numbers of letters and other documents, the Chief is given
the discretion when to inform the Police and Fire Commission of commendations and
reprimands.
Section 2-32 Parks Department
This section has been revised to reflect changes in the organizational structure of the
Department.
Section 2-33 Transportation Department
This section has been revised to reflect changes in the organizational structure of the
Department.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
Section 2-34 Community Development Department
This section has been revised to reflect changes in the organizational structure of the
Department.
2-35 Museum
This is a new section recognizing the Public Museum is a department of the City. A full
discussion of the proposed updating of the code pertaining to the Museum is included
under the discussion of the Museum Board in Section 2-54 below.
Article VI. Citizen Advisory Boards and Commissions
Section 2-36 General Rules
Section 2-36(D) is a new proposed section recognizing that we stagger initial and
replacement appointments as necessary to assure continuity. By including this section in
the general rules we will no longer need to specify that in the creating ordinances for
boards and commissions.
Section 2-36(F) provides for general rules for boards and commissions to be adopted by
the Council. The City Attorney and City Clerk have worked together to provide a
proposed set of rules for the boards and commissions based upon the Council's current
practices and rules and upon past experience with various boards and commissions. It
is the intention of these rules to standardize the conduct of the various boards and
commissions while still allowing them to make changes as appropriate and efficient for
their particular board or commission.
Section 2-37 Committee on Aging
The Committee on Aging has reviewed their rules over the course of the past year and
this section has been revised in accordance with their recommendations.
Section 2-38 Bid Board
No changes are proposed to this section, however a change was made in section 2-36 to
specify that members of this board do not need to meet the residency requirement.
Section 2-39 Bicycle and Pedestrian Advisory Committee
No changes are proposed to this section.
Sections 2-40 and 2-41 will be reserved for future use.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
Section 2-42 Sustainability Advisory Board
No changes are proposed to this section.
Section 2-43 Fair Housing Commission
This section has been revised along with a companion ordinance revising the City's Fair
Housing Code. The revisions are consistent with the recently adopted revised zoning
ordinance and have been revised to include transgender individuals within the class of
protected persons. The ordinances have also been revised to reflect the current structure
for investigation and disposition of complaints through a third party contractor.
Section 2-44 Long Range Finance Committee
This section was renumbered to a whole number. Language was clarified to remove
multiple references to policy decisions within the same sentence.
Section 2-45 Advisory Grand Opera House Board
This section was renumbered to allow for the Finance Committee renumbering. No
changes are proposed to this section.
Section 2-46 will be reserved for future use.
Section 2-47 Public Arts and Beautification Committee
No changes are proposed to this section.
Section 2-48 Landmarks Commission
No changes are proposed to this section.
Section 2-49 Library Board
There is a minor change to this section to allow for the appointment of up to five
additional members by the County to this Board as allowed by the Statute. In practice
the County has not typically appointed the full number allowed by statute.
Section 2-50 Parking Utility Commission
Minor changes are proposed to this section to reflect that the commission does not have
authority over parking lots primarily servicing a city facility and does not determine the
amounts of fines for violations. The section pertaining to fiscal responsibility was also
deleted as it did not match the city's current practices.
City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 920.236.5000 http://www.cl.oshkosh.wi.us
Section 2-51 Advisory Park Board
No changes are proposed to this section.
Section 2-52 Plan Commission
No changes are proposed to this section.
Section 2-52.1 Extraterritorial Zoning Committee
No changes are proposed to this section.
2-53 Board of Police and Fire Commissioners
No changes are proposed to this section.
Section 2-54 Museum
During the review of Chapter 2 and in connection with comments received during the
City's most recent audit, issues were raised with regard to the status of the Museum
Board and the status of funds held by the City for the benefit of the Museum and
generally under the control of the Museum Board. These issues prompted a more in
depth review of the Board's authority and practices. Through the years, the Museum
Board and by implication the Museum itself has been treated as an independent or nearly
independent entity from the City itself. The historical records indicate that the City
Council established the Board in 1924 and that while the Board and Museum relied upon
the City for budgetary consideration and other issues, that they otherwise were allowed
to operate with only very general council and administrative oversight. It is unclear
whether this was specifically intended by previous councils or the result of trust and habit
established through sound management and the strength of those serving the museum.
Background -- Status of the Museum—
A review of the statutes and ordinances establishes that the Oshkosh Public Museum was
created and operates under municipal ordinances. It is a division of the City of Oshkosh
and not a separate legal entity. The Museum Board was established in 1924 by the City
of Oshkosh Common Council. The Current Ordinance easily traces back to 1958 and
grants broad general powers to the Museum Board.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
State Statutes governing museums and libraries were at one point in time under the same
chapter of the state statutes. In 1971, the Legislature separated the statutes dealing with
museums and libraries and moved libraries into chapter 43 and museums into chapter
229. The Legislature declared libraries to be matters of statewide concern and required
that libraries be operated under the provisions of the state statutes. Library boards are
largely given autonomy from local government by statute. Museums were not declared
to be matters of statewide concern and museums are not required to operate under
Chapter 229 of the state statutes. The City of Oshkosh has not adopted the provisions of
the state statutes and although staff have in the past sometimes relied on the provisions
of Chapter 229 when analyzing issues related to the museum, there are provisions within
that chapter that would be different than the current operation of the museum.
During the review of Chapter 2 it became evident that it would be helpful to clarify the
role and authority of the Museum Board, to bring the ordinance up to date with current
practices, and to assist with addressing the issues raised in relation to the investment of
Museum funds which is more fully discussed below. In the past, staff has dealt with
issues with purchasing procedures, application of general city policies, employment
issues and other concerns related to the operation of the Museum. In some cases, it has
been unclear which policies and procedures apply in each circumstance often resulting
from the understanding that certain things have "always been done a certain way" with
regard to the operation of the Museum. As noted above, in many ways the Museum has
been allowed a level of autonomy greater than that of other city departments and
divisions, and has operated at a high level of success in terms of maintaining its
membership, appeal and fundraising abilities.
As also noted above, the Museum is nonetheless clearly a subdivision of the City and
with the revisions to Chapter 2 it would appear appropriate to clarify the authority of the
Board and the application of the City's ordinances and policies to the operation of the
Museum. Staff reviewed state statutes, city ordinances and current practices and is
recommending clarification of a number of provisions of the current ordinance.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
General Powers —
The current ordinance has a very general statement that the specific powers enumerated
in the ordinance are in addition to the Board's general powers to manage and control the
museum. This language appears to be a broad grant of powers, however, rules of
interpretation for ordinances limit the authority granted to a subordinate entity to that
authority which is specifically granted to it. Because the terms management and control
are so potentially broad and are undefined in the ordinance, it would appear that the
Board is arguably limited to the specific grants of authority in the ordinance. The
proposed language clarifies what staff believes has been the longstanding practice related
to the authority of the Museum Board, that the Board has the power to manage, control
and operate the Museum including the building, property and collections, through the
establishment of strategic plans and setting of policies where such plans and policies are
not inconsistent with the ordinances and policies of the City of Oshkosh.
Authority to Acquire, Dispose, Care for and Manage Collections --
The current ordinance contained no explicit grant to the Museum Board of authority to
acquire, dispose of, care for and manage property in the collections except to acquire
property by donation. The proposed draft specifically includes granting the Board the
authority to acquire both by donation and purchase, dispose of, care for and manage
property with the caveat that any acquisition of real property must be approved by the
Common Council.
Employees
The ordinance currently provides that the Board has the power to employ a Director and
Assistant Director. The Board is also given the ability to employ other persons as it deems
necessary for the operation of the museum. The Common Council is given the authority
to fix the salaries for these employees.
The position of Assistant Director has been eliminated. As to the Director and other
positions the current ordinance provision would seem in conflict with §§64.09 and 64.11
of the Wisconsin Statutes which specify that the City Manager has the power to appoint
all heads of departments, all subordinate city officials and all city employees. This has
the potential to create conflict between the Board and Council, although up to this point
such conflicts have not arisen to staff's knowledge. In practice, the Board has conducted
interviews for the position of Director and the actual hiring has been done by the City
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
Manager, other employees have been hired through a process similar to other city
employees. The Director manages the Museum according to applicable statutes,
ordinances, policies and plans and is reviewed on his performance by the City Manager.
The proposed revision to the ordinance reflects this process.
Budget —
The current ordinance does not specifically address the role of the Museum Board in the
budgeting process. The proposed revision includes language reflecting the current
practice and recognizing the Board's role in reviewing the budget. The proposed
language also specifies that money appropriated for the Museum in the budget process
by the Council shall be used only for the operation, care and maintenance of the Museum
and not for any other purposes.
Accounts and Expenditures —
Current ordinances provide that the Museum Board shall approve any bills and expenses
but may delegate its authority to the Museum Director. This delegation was approved
to allow bills to be paid more timely. In practice, this is no different than other
departments of the City and so the proposed ordinance simply indicates that
expenditures shall be made consistent with the approved budget and city ordinances and
policies. This language would allow for regular budgetary expenditures as authorized
in the city ordinances without special Board approval and would allow for expenditures
from Museum Funds upon appropriate approval of the projects and funding by the
Board, without requiring individual approval of each expense. Language was added to
clarify that capital expenditures require approval of Council.
Trust Funds, Monetary Gifts and Contributions —
The current ordinance provides that the City Treasurer shall set up a fund on the books
for the Public Museum with any expenditures being approved by vouchers approved by
the Board. Staff is proposing language to modify the ordinance to more clearly match
current practices. The City Treasurer has multiple funds for the Museum, not a single
fund. Expenditures are approved by the Board through approval of acquisitions or
projects and identified funding, although not by individual vouchers. The proposed
ordinance also strengthens language specifying that the expenditure of donated funds is
solely under the discretion and control of the Museum Board for the benefit of the
Museum and the Museum collections. This section also contains language clarifying that,
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, Wl 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
as public funds, these funds must be invested in compliance with the municipal
investment statutes. This issue is addressed more fully below.
Code of Ethics —
This provision remains unchanged and simply adopts the Code of Ethics of the American
Alliance of Museums.
Investment of Designated Museum Funds —
During the most recent City Audit, the auditors questioned who is the official custodian
for various accounts, including certain designated Museum accounts, and whether the
investments should be following §66.0603 of the Wisconsin Statutes or whether those
investments are required only to comply with the provisions of the Prudent Investor Law,
Chapter 881 of the statutes.
§66.0603 Wis. Stats. specifically governs the investment of public funds and prohibits
certain types of investment including many types of securities and mutual funds that deal
in securities. §66.0603 Wis. Stats. limits investments to securities that are government
backed and secured. While there are a number of exceptions to §66.0603 Wis. Stats.; there
is no exception for funds donated to a public museum.
Chapter 881 of the Statutes, the Prudent Investor law, is more permissive than §66.0603
and would allow investment in securities and mutual funds within the limits of that law.
Because of the issues raised and the potential implications related to the audit and long
term city investments, city staff sought a legal opinion from outside counsel related to
this issue from attorneys specializing in investments at Godfrey and Kahn. The opinion
concluded that the statutes were not specific and clear as to this particular issue and that
the City had several options for dealing with the designated museum funds. Because the
issue was not clear, at this time, staff is recommending that investments be moved to
comply with the provisions of §66.0603 Wis. Stats. which is also consistent with the
Investment Policy recently adopted by the Council.
In reviewing the available options staff believes that if an alternative option is pursued,
the most advantageous option would be for the City to establish a separate non -stock
incorporated foundation for the Museum. The City would then transfer funds to control
of the Foundation. This option would require an amendment to certain of the trusts and
funds, for example, in the Durow Trust Mr. Durow specifically provided in the trust that
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
funds were to be held at the City of Oshkosh and under the authority of the City
Treasurer. Amendment of the Trust would require notice to other potential heirs and a
determination by the court that the amendment is necessary and/or consistent with the
intent of the trust or similar finding.
At this time, staff is proposing that funds be invested in accordance with §66.0603 of the
Wisconsin Statutes as applicable to the investment of public funds and that the option of
establishing a separate non -stock incorporated foundation for the support of the Museum
be further explored and considered.
Section 2-55 Board of Public Works
No changes are proposed to this section.
Section 2-56 Board of Review
No changes are proposed to this section.
Section 2-57 Traffic Review and Advisory Board
No changes are proposed to this section.
Section 2-58 Transit Advisory Board
No changes are proposed to this section.
Section 2-59 Board of Zoning Appeals
No changes are proposed to this section.
Section 2-60 Storm Water Utility Appeals Board
This section has been renumbered to give it a whole number designation and the
remainder of the Chapter has been renumbered to accommodate this change.
Article VII Personnel
Section 2-63 Worker's Compensation Reserve Fund language has been modernized.
Article VIII. Penalties
No changes are proposed to this article.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
Proposed Changes to the Council Rules and Proposed Rules for Boards and
Commissions
In connection with the Revision of Chapter 2, staff is proposing to adopt a revised
version of the Council Rules and to adopt a standard version of rules for the City's
boards and commissions. Current ordinances indicate that the Council will be
governed by Robert's Rules of Order, however Robert's Rules were not developed for
use by local governments and so rules and practices over time have developed that are
more efficient for council, board and commission meetings, but which may conflict with
a strict reading of Robert's Rules of Order. In order to recognize these efficiencies and
to avoid potential confusion with the ordinance reference to Robert's Rules, staff
recommends the ordinance be changed to specifically reference the Council's rules and
to indicate that Robert's Rules may be used for guidance if a particular issue is not
covered in the adopted rules.
To develop the proposed Council rules, Staff took the current Council Rules and the
working notes of the City Clerk regarding past practices of the Council in relation to
various procedural matters and created a comprehensive Rules of Order document for
both the Council and for boards and commissions. Staff believes that the most common
issues and concerns are addressed within these proposed rules and that they will be a
more user friendly and efficient guide for the Council and the Boards and
Commissions.
The proposed changes to the Rules will be brought forward as a companion resolution to
the second reading of the ordinance.
If anyone has any questions or concerns pertaining to the proposed changes, please feel
free to call the City Attorney's office and we would be happy to discuss those with you.
FISCAL IMPACT
There is no anticipated fiscal impact to the adoption of the changes to Chapter 2 of the
ordinance. There is minimal fiscal impact anticipated from adoption of the proposed
changes to Chapter 16. Fiscal impacts would be associated with the requirement that city
staff investigate and the city fair housing commission act upon complaints related to
gender identity and/or expression.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
RECOMMENDATION
Staff recommends that the ordinance be adopted.
Res ectfully Submit d,
i
ynn . Lorenso
City Attorney
Approved:
Mark A. Rohloff
City Manager
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
City of Oshkosh
(' NA P'rT7 ]7 7
ADMINISTRATION
ARTICLE I. IN GENERAL
2-1 CITY MANAGER PLAN
2-2 ELECTIVE OFFICIALS; TERMS; PRIMARY ELECTIONS
2-3 DESIGNATION OF LOCAL PUBLIC OFFICIALS
2-4 TIME OF TAKING OFFICE; ELECTED OFFICIALS
2-5 PROCEDURE TO FILL COUNCIL VACANCIES
ARTICLE II. ELECTION AND ELECTION OFFICIALS
2-6 ADOPTING STATE STATUTES
2-7 ELECTION OFFICIALS
2-8 HOURS FOR VOTING
ARTICLE III. LEGISLATIVE
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2-9 CITY COUNCIL DUTIES
2-10 COUNCIL MEETINGS
2-11 DUTIES OF THE MAYOR
2-12 RESERVED
2-13 SUBSTITUTION OF PRESIDING OFFICER
2-14 TEMPORARY PRESIDING OFFICER
2-15 ORDER OF BUSINESS
2-16 RULES OF ORDER AND PROCEDURE
ARTICLE IV. CITY MANAGER
2-17 TERM OF OFFICE
2-18 DUTIES AND POWERS, GENERALLY
2-19 DUTIES AND RESPONSIBILITIES
2-20 AUTHORITY NECESSARY TO DISCHARGE DUTIES
2-21 CITY MANAGER: DELEGATION OF AUTHORITY; RESPONSIBILITY
2-22 ABSENCE OR DISABILITY
ARTICLE V. STAFF OFFICES AND DEPARTMENTS
2-23 DEPARTMENTS AND OFFICES
City of Oshkosh Chapter 2 — Page 1 Municipal Codes
City of Oshkosh
DIVISION 1 STAFF OFFICES
2-24 CITY ATTORNEY
2-25 CITY CLERK
2-26 ADMINISTRATIVE SERVICES
2-27 RESERVED
DIVISION 2. DEPARTMENTS
2-28 PUBLIC WORKS
2-29 DEPARTMENT OF FINANCE
2-30 FIRE DEPARTMENT
2-31 POLICE DEPARTMENT
2-32 DEPARTMENT OF PARKS
2-33 DEPARTMENT OF TRANSPORTATION
2-34 DEPARTMENT OF COMMUNITY DEVELOPMENT
2-34.1 PUBLIC MUSEUM
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ARTICLE VI. CITIZENS ADVISORY BOARDS AND COMMISSIONS
DIVISION 1. GENERAL PROVISIONS
2-36 RULES, MINUTES, NOTICE AND COMPENSATION
DIVISION 2 BOARDS AND COMMISSIONS
2-37 COMMITTEE ON AGING
2-38 BID BOARD
2-39 BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE (Created 12/13/11)
2-40 RESERVED. (OSHKOSH C.A.N. BOARD — repealed 5/11/04)
2-41 RESERVED. (CITIZENS ADVISORY COMMITTEE — repealed 8/26/03)
2-42 SUSTAINABILITY ADVISORY BOARD (Formerly ENERGY & ENVIRONMENT —
repealed 4/14/09)
2-43 FAIR HOUSINGCOMMISSION
2-44 LONG RANGE FINANCE COMMITTEE
2-45 ADVISORY GRAND OPERA HOUSE BOARD
2-46 RESERVED.
2-47 PUBLIC ARTS ADVISORY COMMITTEE
2-48 LANDMARKS COMMISSION
2-49 LIBRARY BOARD
2-50 PARKING UTILITY COMMISSION
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2-51 ADVISORY PARK BOARD
2-52 PLAN COMMISSION
2-52.1 EXTRATERRITORIAL ZONING COMMITTEE
2-53 BOARD OF POLICE AND FIRE COMMISSIONERS
2-54 PUBLIC MUSEUM BOARD
2-55 BOARD OF PUBLIC WORKS
2-56 BOARD OF REVIEW
2-57 TRAFFIC REVIEW AND ADVISORY BOARD
2-58 TRANSIT ADVISORY BOARD
2-59 BOARD OF ZONING APPEALS
2-59.60 STORM WATER UTILITY APPEALS BOARD
ARTICLE VII. PERSONNEL
DIVISION 1. EMPLOYEES
2-61 REPRESENTED EMPLOYEES
2-62 NON -REPRESENTED EMPLOYEES
DIVISION 2. WORKMEN'S COMPENSATION AND INSURANCE
2-63 WORKMEN'S COMPENSATION RESERVE FUND
ARTICLE VIII. PENALTIES
2-64 PENALTIES
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ARTICLE I. IN GENERAL
SECTION 2-1 CITY MANAGER PLAN
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The Government of the City of Oshkosh shall operate under a City Manager form of government
under Chapter 64 of the Wisconsin Statutes, pursuant to the charter ordinance adopted by
referendum on November 6, 1956.
SECTION 2-2 ELECTIVE OFFICIALS; TERMS; 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 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.
(B) Eli ig bilit
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 the position to be filled.
SECTION 2-3 DESIGNATION OF LOCAL PUBLIC OFFICIALS
For purposes of complying with State Statutes pertaining to Local Public Officials, the Common
Council hereby finds and declares the following offices, positions and persons to be Local Public
Officials:
A) Members of the Common Council
B) Members of the Boards and Commissions of the City of Oshkosh
C) The City Manager
D) Designated Heads of Staff Offices and Departments of the City of Oshkosh
[Statutory References §19.42(7w)(d), 19.32 (1dm), 19.36(11), 19.35(1) Wis. Stats.]
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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.
[Statutory Reference §64.05 Wis. Stats.]
SECTION 2-5 PROCEDURE TO FILL COUNCIL VACANCIES
Pursuant to the terms and conditions of Sec. 17.23, Wis. Stats., in the event of a vacancy on the
City Council, the City Clerk shall, within 14 days of a vacancy or anticipated vacancy, advertise for
and solicit applications from individuals to fill the vacant position. Completed applications
include a letter of interest and current resume'.
Applicants must submit applications to the City Clerk within 30 days of the initial advertisement
of vacancy. Thereafter, at the next regular meeting of the Common Council, all applicants shall be
allowed time to make a presentation regarding their qualifications to the Council. The Common
Council shall then, by majority vote, decide who will fill the vacancy.
[Statutory Reference §§ 17.23, 64.05(2) Wis. Stats.]
ARTICLE II. ELECTION AND ELECTION OFFICIALS
SECTION 2-6 ADOPTING STATE STATUTES
Except as otherwise specifically provided, all provisions of Chapters 5-12, of the Wisconsin
Statutes, and all relevant provisions of the Wisconsin Administrative Code adopted pursuant
thereto describing and defining regulations with respect to elections are hereby adopted and by
reference made a part of this Code as if fully set forth herein. It is the intention of this ordinance to
include within such references all provisions in effect at the time of adoption of this section
together with any applicable prior revisions and all future recodifications, renumberings, and
amendments unless otherwise expressly provided in such references. It is the intention of this
section that any act required to be performed or prohibited by Chapter 5-12, of the Wisconsin
Statutes, or by the relevant provisions of the Wisconsin Administrative Code, as previously
amended, presently in effect or as may be amended in the future, incorporated within this section
by reference, is an act required to be performed or is an act prohibited by this section.
[Statutory Reference Chapters 5-12, Wis. Stats.]
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SECTION 2-7 ELECTION OFFICIALS
There shall be at least seven (7) election inspectors at a polling place for all elections.
[Statutory Reference §§7.30, 7.32 Wis. Stats]
SECTION 2-8 HOURS FOR VOTING
The polls in the City of Oshkosh on each election day shall remain open for voting from 7:00
o'clock a.m. until 8:00 o'clock p.m.
ARTICLE III. LEGISLATIVE
SECTION 2-9 COUNCIL DUTIES
(A) Appointment and Removal of City Manager
The Council shall select a City Manager. The City Manager shall be selected by the Council
purely on merit. In selecting the City Manager, the Council shall give due regard to
training, experience, executive and administrative ability, efficiency, general qualifications,
and fitness for performing the duties of the office. No person shall be eligible to the office
of City Manager who is not by training, experience, ability and efficiency well qualified and
generally fit to perform the duties of such office. No weight or consideration shall be given
by the Council to nationality, political or religious affiliations, or to any other consideration
except merit and direct qualifications for the office. Residence in the City or State shall not
be a qualification for the Office of City Manager. The Council may remove the City
Manager from office in accordance with Chapter 64 of the Wisconsin Statutes.
[Statutory Reference §64.09 Wis. Stats.]
(S) Qualifications of Members
The Council shall be the judge of the election and qualification of its members, and may
pursuant to state statute suspend or remove its members for cause.
[Statutory Reference §17.12(1)(a) Wis. Stats.]
(C) Legislative Power
The Council shall possess and exercise all legislative and general ordinance powers imposed
and conferred by general law or special charter upon the Mayor and Council and the
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various boards and commissions not inconsistent with Chapter 64 Wisconsin Statutes. The
Council shall not have the power to enact special executive or administrative orders.
[Statutory Reference §64.07 Wis. Stats.]
(D) Attention to Duty.
Council Members shall devote such time to the duties of their office as the interests and
general welfare of the City demand.
[Statutory Reference §64.08 Wis. Stats.]
(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.
[Statutory Reference §64.08 Wis. Stats.]
(F) Administrative Powers.
The Council shall, upon the report and recommendation of the City Manager, have the
power to create general departments of city administration and to alter, reorganize or
abolish by ordinance any administrative board or commission, with the exception of the
Board of Police and Fire Commissioners.
[Statutory Reference §64.10 Wis. Stats.]
(G) Annual Audit
At the end of each fiscal year, the Council shall cause a full and complete examination of all
books and accounts of the City to be made by competent and public accountants who shall
report in full to the Council.
[Statutory Reference §64.12(4) Wis. Stats.]
(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, who shall
preside over meetings and exercise all duties and responsibilities of the Mayor during a
temporary absence or disability.
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SECTION 2-10 COUNCIL MEETINGS
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(A) Organizational Meeting
Following a regular city election, the new Council shall first meet on the third Tuesday of
April in each election year at the Council Chambers in the City Hall at 12:00 o'clock noon of
said day.
[Statutory Reference §64.05(1) Wis. Stats.]
(S) Regular Meetings
(1) Time and Place
The regular meetings of the Council of the City of Oshkosh shall be held in the
Council Chambers of the City Hall or such other place as may be properly noticed
on the second and fourth Tuesday in each month at 6:00 o'clock p.m.; except that if a
regular meeting falls upon the same date as an election the regular meeting of the
Council shall be held upon the Wednesday of that week.
[Statutory Reference §64.07(5) Wis. Stats.]
(C) Special Meetings
Special meetings of the Council may be called by the Mayor of the Council, the City
Manager, or any two members of the Council and shall be held in the Council Chambers or
such other place as may be properly noticed. No other business shall be transacted at a
special meeting except as specified in the notice of such meeting.
[Statutory Reference §64.07(5) Wis. Stats.]
(D) Adjournments
Any regular or special meeting of the Council at which there shall be a quorum present may
adjourn to a day and time fixed, at which time such meeting may in like manner be further
adjourned; provided, however, that no such adjournments shall be to a time later than the
next regular meeting.
(E) Meetings Shall Be Public
Except as such meetings may be properly convened in closed session, all meetings of the
Council, whether regular or special, shall be open to the public as provided in the Wisconsin
Open Meetings Law, and all of the Council's official actions shall be recorded by the City
Clerk or under authorization of the Clerk in record books kept for that purpose.
[Statutory Reference §§ 64.07(6), 19.83(1), 19.85 Wis. Stats.]
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(F) Call to Order
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The Mayor shall promptly call each meeting to order at the hour fixed for the holding of
such meeting.
(G) Roll Call and Quorum
Before proceeding to business, the roll of the members of the Council shall be called and the
names of those present and those absent shall be entered into the minutes by the Clerk or
under the Clerk's authorization. A majority of the members of the Council shall constitute a
quorum for the transaction of business, but a lesser number can adjourn any meeting and
shall have power to compel the attendance of absent members.
[Statutory Reference §64.07(3) Wis. Stats.]
(H) Disturbance, How Suppressed
Whenever any disturbance or disorderly conduct shall occur in the Council Chambers or
rooms or halls adjacent thereto, the Mayor shall have power and authority to cause the
same to be cleared of any or all persons except members of the Council.
SECTION 2-11 DUTIES OF THE MAYOR
The Mayor shall be the presiding officer of the Council and shall have a vote but no veto power.
It shall be the general duty of the Mayor or other presiding officer:
(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.
a
(C)
(D)
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.
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.
Receive Motions.
To receive and submit, in proper manner, all motions and propositions presented by
members.
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(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 public and members of the Council within the rules of order while the
Council is meeting and engaged in debate.
(G) Rule on Points of Order
To rule on any point of order or practice, subject to an appeal by any member.
(H) Issue Proclamations
To issue all proclamations.
(I) Appointments
To appoint, subject to Council approval, members to the various Boards and Commissions
within the City.
SECTION 2-13 SUBSTITUTION OF PRESIDING OFFICER
The Mayor or other presiding officer of the Council may call the Deputy Mayor or a member to the
Chair to temporarily preside over the meeting in the case of conflict of interest, illness, or other
matter requiring the presiding officer to temporarily remove him/herself from the position of
presiding officer, but such substitution shall not extend beyond an adjournment.
SECTION 2-14 TEMPORARY PRESIDING OFFICER
In the absence of the Mayor and the Deputy Mayor, one of the Council Members shall be elected to
preside temporarily until the return of the Mayor or Deputy Mayor.
SECTION 2-15 ORDER OF BUSINESS
An agenda shall be prepared for all meetings of the City Council by the City Manager. Items may
be placed upon the agenda by the City Manager, Mayor or any member of the Common Council.
An item placed on the agenda may be removed from the agenda prior to the meeting by the City
Manager or in the case of items placed on the agenda by the Mayor or other Council Member, by
the member so placing the item upon the agenda.
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The general order of business of Council meetings shall be as follows:
(A) Roll Call
(S) Invocation
(C) Pledge of Allegiance
(D) Public Hearings, if any.
(E) Consent Agenda, including receipt and filing of minutes, reports, receipt of
claims and those items of a routine or administrative nature which are
recommended for approval by staff
(F) Resolutions not included upon the Consent Agenda
(G) Ordinances
(H) City Council Discussion, Direction and Future Agenda Items
(I) City Manager Announcements and Statements, including the reporting of any
administrative actions taken which require Council confirmation
(J) Adjournment
The Council may provide in its rules for periods of public comment to be included within the
agenda.
The City Manager or Council may include within the general order of business additional items
not requiring formal vote of the Council, such as proclamations, presentations, information
gathering, announcements and statements, and other matters, without temporarily suspending
the rules as provided herein.
The City Manager may change the general order of business within the published agenda as
such change may be required for the adoption of particular measures or as may be appropriate
for the efficient conduct of the meeting, without temporarily suspending the rules as provided
herein.
Items that are considered routine and/or non -controversial may be placed on the consent agenda
for adoption. When a consent agenda is used, all items listed upon the consent agenda shall be
approved, adopted, enacted or otherwise favorably resolved by a single motion, seconded and
adopted by a majority vote of all members of the council. Items on the consent agenda may be
individually commented upon or discussed, but must be removed from the consent agenda for a
negative vote. Upon the request of a Council Member or a citizen an item will be pulled from the
consent agenda and be considered as a separate issue.
The published order of business may be temporarily suspended at any meeting by 2/3 majority
vote of those members of the Council present and voting.
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SECTION 2-16 RULES OF ORDER AND PROCEDURE
(A) Resolutions
All resolutions including those which would result in a charge of money against the City
may be acted upon at the same meeting at which they are formally introduced in written
form.
(S) Ordinances
Every ordinance shall receive two separate readings prior to its passage. Unless a request
for reading the ordinance in its entirety is made by a member of the Council, reading by
title only shall be sufficient and reading in full shall not be required. . Where an ordinance
shall have the effect of amending, altering or adding to the code of general ordinances, it
shall so indicate, stating the section number affected. All ordinances shall be open to any
pertinent amendment at any time until their final passage.
(C) Petitions and Communications
All petitions and communications addressed to the Council or intended for Council action
received by 4:30 p.m. of the Thursday preceding the Council meeting shall be reported as
received on the agenda of that meeting. This shall have the effect of giving the Council an
opportunity to study all petitions and communications before they appear on an agenda for
official action.
(D) Requests and Reports
All requests and reports addressed to the Council or intended for Council action shall be
included in the City Manager's report. Adoption of the Manager's report shall have the
effect of authorizing action in accordance with any requests or reports. All requests and
reports received by 4:30 p.m. of the Thursday preceding the Council meeting shall be
included in the report of that meeting. This shall have the effect of giving the Council an
opportunity to study all requests and reports before they appear on an agenda for official
action.
(E) Voting Procedures
An aye and no vote shall be called with the Mayor of the Council being called last, and
recorded on the vote of every ordinance, resolution and expenditure of money and shall be
taken upon any other matter requested by a Council Member. In the event that a Council
Member declines to vote, the Clerk shall record the vote in the affirmative, except that a
Council Member may vote "present" and have the vote recorded as "present" upon giving
an explanation as to the reasons for so doing. A majority vote of all members of the
Council shall be necessary to adopt any ordinance or resolution, except where a greater
number is required by law.
[Statutory Reference §64.07(3) Wis. Stats.]
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(F)
Claims and Accounts
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All claims and accounts against the City shall be filed with the City Clerk who shall, after
their audit and approval by the City Manager, present the same to the Council for final
disposition.
(G) Rules of Order
The Council shall be governed by such rules of order as the Council may adopt from time to
time, as may be necessary for the efficient conduct of its business. The most recent version
of Roberts Rules of Order may be used for guidance if a matter is not addressed within the
Council's adopted Rules of Order. Every member shall address the presiding officer before
speaking and shall not be interrupted except by a call to order.
(H) Suspension of Rules of Order and Procedure
These rules or Council rules adopted under this authority, maybe temporarily suspended at
any meeting by a two-thirds vote of all members of the Council. The vote shall be ayes and
noes and shall be so recorded.
(I) Amendment of Rules
These rules shall not be changed, amended or repealed unless the proposition or
amendment is introduced in writing at a regular meeting and the same is laid over for
consideration to a subsequent meeting with at least two weeks intervening.
ARTICLE IV. CITY MANAGER
SECTION 2-17 TERM OF OFFICE
The City Manager shall be engaged by the City Council for an indefinite term, subject to
removal by the Council in accordance with the provisions of Chapter 64 of the Wisconsin
Statutes.
[Statutory Reference §§ 64.09 Wis. Stats.]
SECTION 2-18 DUTIES AND POWERS, GENERALLY
The City Manager shall be responsible for the administration of City government with the
exception of those functions administered by appointed or elected boards. The City Manager
shall have all of the powers necessary to discharge the responsibilities of the office, not
inconsistent with the provisions of Chapter 64 of the Wisconsin Statutes.
[Statutory Reference §§ 64.11 Wis. Stats.]
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SECTION 2-19 DUTIES AND RESPONSIBILITIES
The City Manager shall have the following duties and responsibilities:
(A) Effect the enforcement of all laws and ordinances.
(B) Budget administration and budget preparation.
(C) Enforce all franchises, permits and privileges granted by the City to utilities.
(D) Protection of health, safety and welfare of the community within the standards of services
adopted by the City Council.
(E) Maintain and operate parks, playgrounds and any other recreational facilities now owned
or acquired hereafter by the City Council.
(F) Maintenance, operation and construction of streets, sewers, water plant and distribution
system, sewage disposal plant and all other City owned facilities, buildings and equipment.
(G) All fiscal transactions of the City.
(H) Assuring the efficiency of all City services.
(I) Keep the Council informed on all matters.
(J) All administrative functions, including those heretofore mentioned.
(K) Perform such other duties as may be required by the Council.
SECTION 2-20 AUTHORITY NECESSARY TO DISCHARGE DUTIES
The City Manager shall have the authority to:
(A) Authority to Appoint Officers; exception
Appoint, suspend, lay-off or dismiss all heads of departments, 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.
[Statutory Reference §64.11(3) Wis. Stats.]
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(B) Authority to Appoint Temporary Heads of Departments/Divisions
The City Manager may appoint an acting director of any department or manager of any
division if the director or manager is absent from the City or incapacitated or a temporary
vacancy exists in the position and no person has been designated to be the acting director or
manager or the person so designated is unable or unwilling to serve in the acting capacity.
(C) Authority to Promulgate Rules and Regulations
Prepare and put into effect any necessary administrative rules and regulations pertaining to
purchasing, personnel, fiscal transactions, city services, and the conduct of employees.
(D) Public Works
Exercise all of the powers of the Board of Public Works.
(E) Emergency Powers
Take whatever action is necessary in purchasing or assignments of employees to protect the
health, welfare, and the safety of the citizens of Oshkosh.
(F) Make Recommendation to Council
Make recommendations to the Council on all matters of municipal concern.
(G) Fill Vacancies
Fill all vacancies not to exceed budget allotments, except that this shall not be construed as
preventing the Manager from filling the vacancy with a lower paid classification or leaving
the position vacant, if, in the Manager's opinion, the position does not need to be filled.
This section shall not be construed to prevent the City Manager from creating or filling
positions not specifically budgeted when in the Manager's opinion such action is in the best
interest of the City and is temporary in nature.
(H) Residual Executive Powers
Exercise all other executive powers conferred upon the Manager in Chapter 64 of the
Wisconsin Statutes.
SECTION 2-21 CITY MANAGER: DELEGATION OF AUTHORITY; RESPONSIBILITY
(A) Creation of Departments; Delegation of Authority; Restrictions
The City Manager shall be permitted to form departments and subdivisions of departments
and staff offices upon confirmation by the Council. Although the Manager is permitted to
delegate authority to these department heads and other supervisory personnel, the
Manager shall not be permitted to delegate the responsibility for any function to these
department heads or other supervisory personnel. The Manager shall be responsible to the
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Council for all functions.
SECTION 2-22 ABSENCE OR DISABILITY
The Manager may designate a qualified administrative officer of the City to perform the duties of
City Manager during a temporary absence or disability. In the event of the failure to make such a
designation, the Council may by resolution appoint an officer of the City to perform the duties of
the Manager during such absence or disability, until the Manager shall return or disability shall
cease.
ARTICLE V. STAFF OFFICES AND DEPARTMENTS
SECTION 2-23 DEPARTMENTS AND OFFICES
(A) In order to aid the Manager the following staff offices and departments shall be created:
(1) STAFF OFFICES
(A) CITY ATTORNEY
(B) CITY CLERK
(C) ADMINISTRATIVE SERVICES
(D) ADDITIONAL STAFF OFFICES on a temporary basis may be created by the
City Manager provided funds are made available in the budget.
(2) GENERAL DEPARTMENTS
(A) DEPARTMENT OF PUBLIC WORKS
(B) DEPARTMENT OF FINANCE
(C) FIRE DEPARTMENT
(D) POLICE DEPARTMENT
(E) DEPARTMENT OF PARKS
(F) DEPARTMENT OF TRANSPORTATION
(G) DEPARTMENT OF COMMUNITY DEVELOPMENT
(H) OSHKOSH PUBLIC MUSEUM
DIVISION 1 STAFF OFFICES
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SECTION 2-24
CITY ATTORNEY
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The City Attorney shall perform the duties as are prescribed in the Wisconsin Statutes, particularly
Section 62.09(12) thereof, and such other duties as the City Manager may prescribe. In the absence
or disability of the City Attorney, or in the case of a vacancy in the office of the City Attorney, the
Assistant City Attorney shall perform the duties of City Attorney.
The City Attorney is authorized to bring appropriate actions against any persons, firms or
corporations in the following cases without specific or further authorization to do so:
1) To pursue collection of delinquent taxes, accounts or other indebtedness due and
owing the City.
2) To cause warrants to be issued and served in ordinance violation cases.
3) To cause summonses to be issued for collection of forfeitures or fines in ordinance
violation cases.
4) To commence civil actions seeking compliance with ordinance requirements or
restraining actions not in compliance with ordinance requirements.
The City Attorney is authorized to take all necessary and appropriate actions with regard to the
defense of claims and other matters against the City, including coordination with insurance
defense counsel as required, without specific or further authorization to do so.
The City Attorney, in his/her discretion, is authorized upon a request from another unit of
government to render aid, assistance and advice to that unit of government provided doing so will
not conflict with the City Attorney's duties and responsibilities to the City of Oshkosh.
[Statutory Reference §§ 62.09(12) Wis. Stats.]
SECTION 2-25 CITY CLERK
The City Clerk shall perform the duties prescribed by Wisconsin Statutes, including Sections
62.09(11) and those duties prescribed in Chapters 5-12 pertaining to elections, and such other
duties as may be prescribed by statute and/or the City Manager. In the absence or disability of the
City Clerk or in the case of a vacancy in the office of the City Clerk, the Deputy City Clerk shall
perform the City Clerk's duties and shall have power to administer oaths and affirmation.
The City Clerk shall have the authority to correct any mere clerical error in any Council
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minutes, files, or other documents, in any Resolution or Ordinance passed by Council or in the
Municipal Code. Mere clerical errors shall include errors in spelling, the use of one word for
another where such misuse is clearly identifiable, as "affect" for "effect", plural for singular,
misnumbering, mistakes in references to sections, and such other minor errors and corrections
as shall not affect the intent of any action taken.
[Statutory Reference § 62.09 (11) Wis. Stats.]
SECTION 2-26 ADMINISTRATIVE SERVICES
The Administrative Services Office shall be administering the Human Resources Division;
administering the General Services Division, and Administering the Information Technology
Services Division, and such other duties as the City Manager may prescribe.
(A) Human Resources Division
The Human Resources Division shall be responsible for recruiting and selection of
employees; maintaining personnel records; collective bargaining and other employment
matters; and administering the City's workers compensation program, the Wisconsin
Retirement Fund, unemployment compensation, safety, training, liability insurance, health
and life insurance.
(B) General Services Division
(1) The General Services Division shall supervise operation of the Community Access
Television and Radio Stations; secure certificates of title for all city -owned vehicles; act as
purchasing agent for the Board of Public Works; make other purchases for the City of
Oshkosh in accordance with Chapter 12 of this Municipal Code; dispose of surplus
equipment, buildings and materials; and provide for maintenance of the City Hall and other
City facilities.
(C) Information Technology Services Division
The Information Technology Services Division shall be responsible for developing and
maintaining the various computing and telecommunication systems facilities utilized by the
City, coordinating the activities of central services, including printing and mailing, and such
other duties as the City Manager may prescribe.
SECTION 2-27
RESERVED
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City of Oshkosh
DIVISION 2. DEPARTMENTS
SECTION 2-28 PUBLIC WORKS
Municipal Codes
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(A) Director of Public Works
The Director of Public Works shall supervise the operations and functions of the
Department of Public Works and such other duties as directed by the City Manager. The
Director of Public Works shall be responsible to the City Manager. The Director of Public
Works shall be the head of any division of the Department of Public Works when a vacancy
exists. The Assistant Director of Public Works shall be Acting Director of Public Works
while the Director of Public Works is absent from the City or incapacitated or a temporary
vacancy exists in the position of Director of Public Works.
(B) Duties
The duties of the Department of Public Works shall include the following:
(1) Preparation of plans and specifications;
(2) Supervision of construction projects;
(3) Coordination of private utility construction with City maintenance and improvement
projects;
(4) Setting of street and sidewalk grades;
Maintaining a current boundary map of the City;
Maintaining current records and locations of all utilities and City owned property;
Street maintenance;
Sealcoating;
Street cleaning;
Snow plowing and removal;
Leaf removal;
Sewer cleaning;
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(13) Sewer maintenance;
(14) Weed cutting;
(15) Parking lot maintenance;
(16) Operation and maintenance of the filtration plant, pretreatment basin, all water
storage tanks, hydrants, water meters, and water pipe lines owned or operated by
the City;
(17) Operation and maintenance of the sewage disposal plant and all lift stations
connected to the sewer system;
(18) Operation and maintenance of the stormwater facilities and all appurtenant
structures connected to the system;
(19) Collection of refuse and recyclables;
(20) Maintain all Department vehicles, dispense gas and oil, operate a stock room and
garages necessary for housing of City vehicular equipment, maintain cost records on
each piece of equipment; and
(21) Such other duties as may be assigned by the City Manager.
SECTION 2-29 DEPARTMENT OF FINANCE
(A) Director of Finance
The Director of Finance shall perform the duties prescribed by the Wisconsin Statutes,
particularly sections 62.09(9) and (10) thereof and shall be responsible for planning,
reporting and controlling all financial affairs of the city; the Director shall supervise the
operations and functions of the Department of Finance; shall act as Budget Control Officer;
assist the City Manager in the preparation of the budget; perform the statutory duties of
City Treasurer and Comptroller; and such other duties as directed by the City Manager.
The Deputy Director of Finance shall be acting Director of Finance and be responsible for
the statutory duties of City Treasurer and Comptroller while the Director of Finance is
absent or incapacitated.
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(S) Duties
The duties of the Finance Department shall include:
(1) Collection of all accounts receivable, including taxes, special assessments, fees, non-
moving violation fines, water, sewer, departmental earnings, etc.
(2) Maintain the administration of the parking program to include tickets issuance and
public sale of parking permits in city lots.
(3) Execution of trust funds.
(4) Make and Record bond payments.
(5) Preparation of current cash statement.
(6) Invest idle funds.
(7) Post tax payments to tax roll.
(8) Tax Settlement to County.
(9) Payment of City Sills and Obligations.
(10) Processing of accounts receivable.
(11) Issuance of accounting statements.
(12) Maintain cost records for water utility.
(13) Preliminary budget preparation.
(14) Internal auditing.
(15) Preparation of Payroll.
(16) Oversee collection and aging of Ambulance Revenues.
(17) Such other duties as may be assigned by the City Manager.
(C) Pursuant to Section 70.67(2), of the Wisconsin Statutes, as may be amended from time to
time, the city shall be obligated to pay, in case the Director of Finance shall fail to do so, all
state and county taxes required by law to be paid by such Director to the County Treasurer.
[Statutory Reference § 62.09 (9) & (10) Wis. Stats.]
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SECTION 2-30 FIRE DEPARTMENT
(A) Purpose
The Fire Department shall be organized primarily to provide for the personal safety,
protection of life and property of the inhabitants of the City of Oshkosh, from the adverse
effects of fires, medical emergencies or other dangerous conditions, whether manmade or
natural. The Fire Department shall perform such other duties as may be prescribed by the
City Manager, providing these duties do not interfere with the primary duties of the
Department.
(B) Fire Chief to Supervise Operations
The Fire Chief shall supervise and command the operations of this Department and
perform such other duties as directed by the City Manager. The Fire Chief shall be under
the direction of the City Manager for the operation of the Fire Department.
(C) Submission of information to Board of Police and Fire Commissioners by Fire Chief
Since the Fire Chief is appointed by and subject to removal by the Board of Police and Fire
Commissioners, the Fire Chief shall provide any information requested by the Board which,
in the Board's opinion, might help its members evaluate the Chief's performance in
executing the Manager's directives and directing and supervising the operations of the Fire
Department and evaluating employee job performance.
[Statutory Reference §62.13 Wis. Stats.]
SECTION 2-31 POLICE DEPARTMENT
(A) Function; Organization
The Police Department shall be organized primarily for the enforcement of the laws of the
State of Wisconsin and the ordinances of the City of Oshkosh and for the purposes of crime
and accident prevention.
(B) Police Chief to Supervise Operations
The Police Chief shall supervise and command the operations of this Department and
perform such other duties as directed by the City Manager. The Police Chief shall be under
the direction of the City Manager in the operation of the Police Department.
(C) Submission of information to Board of Police and Fire Commissioners by Chief of Police
Since the Police Chief is appointed by and subject to removal by the Board of Police and
Fire Commissioners, the Police Chief shall provide any information requested by the Board
which, in the Board's opinion, might help its members evaluate the Chief's performance in
executing the Manager's directives, and directing and supervising the operations of the
Police Department and evaluating employee job performance.
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[Statutory Reference §62.13 Wis. Stats.]
SECTION 2-32 DEPARTMENT OF PARKS
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Revised February XXX, 2017
(A) The Director of Parks
The Director of Parks shall supervise the operations and functions of the department of
Parks and such other duties as directed by the City Manager. The Director of Parks shall be
responsible to the City Manager. The Director of Parks shall be the head of any division of
the Department of Parks when a vacancy exists. The Assistant Director of Parks shall be
Acting Director of Parks while the Director of Parks is absent from the City or incapacitated
or a temporary vacancy exists in the position of Director of Parks.
The Director of Parks shall perform the following duties and such other duties as may be
prescribed by the City Manager:
(1) Shall provide for the operation and maintenance of all parks, playgrounds, and any
other recreational facilities owned or acquired by the City;
(2) Shall provide for the operation and maintenance of the Municipal Golf Course,
Pollock Water Park and Leach Amphitheatre;
(3) Oversee the operation of the Forestry Division and Senior Services Division; and
(4) Operate and maintain municipal cemeteries.
SECTION 2-33 DEPARTMENT OF TRANSPORTATION
(A) Director of Transportation
The Director of Transportation shall supervise the operations and functions of the
Department of Transportation and such other duties as directed by the City Manager. The
Director of Transportation shall be responsible to the City Manager. The Director of
Transportation shall be the head of any division of the Department of Transportation
during a period in which a vacancy exists. The Director of Transportation shall appoint an
assistant to be Acting Director of Transportation while the Director of Transportation is
absent from the City or incapacitated or a temporary vacancy exists in the position of
Director of Transportation.
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(S) Duties
The Department of Transportation shall be responsible for the following duties:
(1) Maintain and operate the transit system within the City;
(2) Traffic Engineering including signage, and street markings; and
(3) Electrical Division
SECTION 2-34 DEPARTMENT OF COMMUNITY DEVELOPMENT
(A) Director of Community Development
The Director of Community Development shall supervise the operations and functions of
the Department of Community Development and such other duties as directed by the City
Manager. The Director of Community Development shall be responsible to the City
Manager. The Director of Community Development shall be the head of any division of the
Department of Community Development when a vacancy exists. The Director of
Community Development shall appoint an assistant to be Acting Director of Community
Development while the Director of Community Development is absent from the City or
incapacitated or a temporary vacancy exists in the position of Director of Community
Development.
(S) Duties
The duties of the Department of Community Development shall include the following:
(1) Operation of the Economic Development Services Division which shall be
responsible for the City's economic and business development efforts.
(2) Operation of a Planning Services Division with such responsibilities as defined under
section 62.23 of the Wisconsin Statutes, and which shall aid the City Manager in
gathering facts and analyzing data necessary in making recommendations to the
Common Council and the City Plan Commission;
(3) Operation of an Inspection Services Division which shall perform the protective
inspection services, such as plumbing inspection, electrical inspection, building
inspection, weights and measures inspection, and housing inspection; and
(4)
(C) Operation of the Assessment Services Division
The Assessment Services Division shall be managed by the City Assessor who shall be
under the direction and supervision of the Director of Community Development. This
Division shall perform the duty of maintaining current assessments on all property within
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the City, in accordance with State Statutes, and such other duties as directed by the Director
of Community Development. In the Assessor's absence, the Director of Community
Development shall manage this Division.
(1) Confidentiality Required
Whenever the Assessor, in the performance of the Assessor's duties, requests or
obtains income and expense information pursuant to Section 70.47(7) (af), of the
Wisconsin Statutes, or any successor statute, then, such income and expense
information that is provided to the Assessor shall be held by the Assessor on a
confidential basis, except, however, that such information may be revealed to and
used by persons: (a) in the discharge of duties imposed by law; (b) in the discharge
of duties imposed by office, (including but not limited to, use by the Assessor in
performance of official duties of the Assessor's office and use by the Board of
Review in the performance of its official duties; or (c) pursuant to order of a court.
Income and expense information provided to the Assessor under Section
70.47(7)(af), of the Wisconsin Statutes, unless a court determines that it is inaccurate,
is not subject to the right of inspection and copying under Section 19.35(1) of the
Wisconsin Statutes.
(2) Property Record Maintenance Fee
The City of Oshkosh Assessor Division creates and maintains property records for
all real estate parcels within the jurisdiction of the City of Oshkosh. In order to
recover the costs associated with the processing of requested changes and permits
for new construction, remodeling, and additions, the governing body authorizes a
property record maintenance fee. The fees referred to in this section shall be
established by the governing body and may from time to time be modified by
resolution. A schedule of the fees established by the governing body shall be
available for review in the City Assessor's offices and the City Clerk's office, City
Hall, 215 Church Avenue, Oshkosh, Wisconsin.
(3) Such other duties as may be assigned by the City Manager.
SECTION 2-35 PUBLIC MUSEUM
The Director of the Oshkosh Public Museum shall supervise the operations and functions of the
Oshkosh Public Museum in accordance with the policy direction of the Oshkosh Public Museum
Board and as directed by the City Manager.
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ARTICLE VI. CITIZENS ADVISORY BOARDS AND COMMISSIONS
DIVISION 1. GENERAL PROVISIONS
SECTION 2-36 RULES, MINUTES, NOTICE AND COMPENSATION
Unless specifically modified elsewhere in this Code, the following provisions shall apply to all
boards or commissions of the City of Oshkosh:
(A) Notwithstanding anything to the contrary contained within this Municipal Code, terms for
all citizen advisory boards, commissions and committees, whether enumerated in this
Chapter or elsewhere in this Code, shall begin on June 1 and shall terminate on May 31 of
the respective year; except that the terms for Board of Review shall begin on May 1 and
shall terminate on April 30 of the respective year.
(B) Except for boards and commissions specifying a particular membership by the person's
position or title and members of the Library Board and BID Board, all persons appointed to
or serving as a member of a standing board or commission of the City shall be residents of
the City of Oshkosh. A vacancy is created whenever a member who is required under this
section to be a resident of the City of Oshkosh ceases to be a resident of the City of
Oshkosh.
(C) Individuals shall serve on no more than two (2) boards or commissions for the City of
Oshkosh.
(D) In order to provide continuity, appointments to boards and commissions shall be made
upon a staggered basis so that a proportionate share of each board or commission is
initially appointed for staggered terms and thereafter appointed for full terms.
(E) Boards and commissions shall hold regular meetings at a regular time and place as fixed by
the board or commission. Special meetings may be called by the chairperson upon written
notice to the members. Meetings shall be duly and properly noticed and open to the public
as provided by law.
(F) Boards and commissions shall generally be governed by such rules of order as the Council
may adopt from time to time as may be necessary for the efficient conduct of business.
Boards and commissions may, in addition to those general rules, adopt specific rules for
their governance and procedures as may be appropriate for the conduct of business before
the individual board or commission. The most recent version of Roberts Rules of Order
may be used for guidance if a matter is not addressed within the adopted Rules of Order.
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(G) Each board and commission shall keep minutes of its proceedings, showing the vote of each
member upon each question, or if absent or failing to vote, indicating such fact, and shall
keep records of its examinations and other official actions, all of which shall be immediately
filed with the secretary of the board or commission or with the City Clerk and shall be
public records. Minutes of the meetings shall be forwarded to the City Council.
(H) Each board and commission shall elect from its membership a chairperson who shall
preside at all meetings and a vice chairperson who shall exercise the powers of chairperson
in the absence or disability of the chairperson. Each shall serve one-year terms, until a
successor is elected and qualified.
(I) No compensation shall be paid to any board or commission member for service as such, but
members may be reimbursed for actual and necessary expenses incurred in performing
related duties outside the City if so authorized by the board or commission and approved
by the City Manager.
(J) A majority of the membership shall constitute a quorum. A lesser number may adjourn. A
majority vote of those members present and voting shall be necessary to adopt any motion.
(K) The Mayor, subject to Council approval, or the chairperson, subject to board or commission
approval, may establish subcommittees for specific purposes as determined by the Council,
or the board or commission. These general provisions shall apply to all subcommittees.
DIVISION 2. BOARDS AND COMMISSIONS
SECTION 2-37 COMMITTEE ON AGING
(A) Membership and Terms
The Oshkosh Committee on Aging shall consist of nine (9) members, one of whom shall
be a City Common Council member serving a one year term. At initial appointment,
four members shall be appointed to a two (2) year term and four (4) members shall be
appointed for three (3) year terms.
The Committee's composition should seek to reflect the diversity of parities interested
in, or professionally engaged in, areas and issues affecting senior citizens, such as but
not limited to: isolation, transportation, programs and services.
The Senior Services Manager or designee shall serve as staff liaison (Committee
Coordinator) and shall not have voting privileges. The Senior Center Office Assistant
shall serve as Secretary to this Committee.
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City of Oshkosh
(B) Duties, Purposes and Functions
The Committee shall:
Municipal Codes
Revised February XXX, 2017
(1) Advise the City Common Council with respect to recommendations on the
promotion and development of Oshkosh with an emphasis on aging services and
planning issues.
(2) Assess the needs to of the Aging, determine the resources available, and
recommend action for bridging the gap between needs and resources.
(3) Promote existing community services to meet the needs of the Aging to avoid
overlapping and duplication.
(4) Recommend, if needed, the establishment of services and programs to meet the
needs of the Aging.
(5) Appoint sub -committees such as but not limited to: (1) Isolation (2)
Transportation; (3) Health; (4) Housing; (5) Economic Independence; (6) Social
Services; and others as determined by the Committee.
(C) Notwithstanding anything to the contrary, not more than 25% of the membership of the
entities created pursuant to subparagraph B (5) above may be non-residents.
SECTION 2-38 BID BOARD
(A) Membership and Terms
The Downtown Oshkosh Business Improvement District (BID) Board shall consist of ten
(10) members and two (2) alternates appointed for three (3) year terms. Members shall be
of the category necessary to ensure Board representation stipulated by the annual operating
plan.
(B) Duties and Responsibilities
The Board shall develop and implement an annual operating plan for the BID.
[Statutory Reference §66.1109 Wis. Stats.]
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SECTION 2-39 BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE
(A) Membership and Terms
(1) The Committee shall consist of seven (7) members, one of whom shall be a City
Council member. Citizen members shall serve for a term of three (3) years and the
council member shall serve for a term of one (1) year.
(2) The Committee's composition should seek to reflect the diversity of parties
interested in bicycle and pedestrian mobility issues, such as, but neither limited to
nor excluding, schools and universities, recreational organizations, members of the
elderly and disabled community, and the health community.
(3) The Director of Community Development or designee shall serve as the Committee
Coordinator and shall not have voting privileges.
(B) Functions and Duties
(1) The Committee shall advise the Common Council with respect to recommendations
on bicycle/pedestrian matters with an emphasis on policy and planning issues.
(2) The Committee shall be responsible for developing, implementing, and updating the
City's Bicycle and Pedestrian Circulation Plan.
(3) The Committee shall coordinate education, encouragement, and outreach activities
across City departments, other government agencies, non-profit organizations, and
the private sector.
(4) The Committee shall make recommendations on capital and maintenance projects to
improve bicycle and pedestrian safety and mobility.
(5) The Committee shall recommend to the Common Council the priorities for
expenditures from the Bicycle Fund.
(C) Coordination with Other Governmental Units
(1) Any Committee recommendations which require changes in the number and type of
travel lanes or in the availability or duration of on -street parking shall obtain an
advisory review from the Traffic Review Advisory Board.
(2) Any Committee recommendations which involve the Oshkosh Park System shall
obtain an advisory review from the Advisory Parks Board.
(3) Any Committee recommendations which would entail physical changes to the
public right-of-way shall obtain an advisory review from the Board of Public Works.
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SECTION 2-40
SECTION 2-41
(RESERVED)
(RESERVED)
SECTION 2-42 SUSTAINABILITY ADVISORY BOARD
(A) Membership and Terms
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Revised February XXX, 2017
The Sustainability Advisory Board shall consist of nine (9) members. Terms of members
shall be for three (3) years. The Director of Community Development or their designee
shall serve as coordinator and recording secretary for the Board.
(B) Responsibility
The Sustainability Advisory Board is charged with the responsibility of advising the City
Manager and Common Council on sustainability issues affecting municipal operations and
the community at large.
(C) Duties
(1) Promote sustainability in the community.
(2) Advise the City Manager and Common Council on existing and proposed City
Ordinances and actions and State and Federal regulations pertaining to
sustainability.
(3) Facilitate citizen and agency input pertaining to sustainability.
(4) Collaborate in the development and monitor implementation of a Community
Sustainability Plan.
SECTION 2-43 COMMISSION ON EQUAL OPPORTUNITY IN HOUSING
(A) Membership and Terms
The Commission on Equal Opportunity in Housing shall be comprised of five (5) members,
in addition to the Director of Community Development or designee, who shall be secretary
thereof, without vote. Appointments shall be for three year terms.
(B) Powers and Duties of Commission
The Fair Housing Commission shall be as prescribed in section 16-7 of this Municipal Code.
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SECTION 2-44 LONG RANGE FINANCE COMMITTEE
(A) Membership and Terms
The Long Range Finance Committee shall consist of nine (9) members, two (2) of whom
shall be Common Council Members. Members shall be appointed and serve three year
terms, except the terms of the Common Council representatives shall be one (1) year terms.
(B) Purpose, Duties and Functions
The Long Range Finance Committee shall have the responsibility to advise the Common
Council on policy issues related to the City's finances including areas such as policy
development, communications, and the impact of state legislation.
SECTION 2-45 ADVISORY GRAND OPERA HOUSE BOARD
(A) Membership and Terms
The Oshkosh Advisory Grand Opera House Board shall consist of eleven (11) members.
Ten (10) members shall be appointed for three (3) years terms. The eleventh (11th)
member, who shall be a member of the City Council, shall be appointed for a term of one
(1) year.
(B) Secretary to Board
The Director of Administrative Services or their designee shall exercise the usual functions
of secretaries and shall keep the minutes of the Board's Meetings.
(C) Functions
The Advisory Grand Opera House Board is empowered to advise and assist the City
Administration and Common Council concerning the responsibilities of the City as set forth
in the Lease and Operating Agreement between the Oshkosh Opera House Foundation, Inc.
and the City of Oshkosh.
(D) Accounts
The City Treasurer shall set up an account on the books, for the purpose of supporting the
Oshkosh Grand Opera House Fund. All gifts or contributions, or the proceeds therefrom in
the form of money, shall be deposited with the City Treasurer, all such deposits to be
credited to said Oshkosh Grand Opera House Fund. All expenditures from said fund shall
be solely for the purpose of adding to or improving the Grand Opera House, and shall be
spent solely with the approval of the Oshkosh City Council.
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SECTION 2-46
SECTION 2-47
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(RESERVED)
PUBLIC ARTS AND BEAUTIFICATION COMMITTEE
(A) Membership and Terms
The Public Arts and Beautification Committee shall be composed of seven (7) voting
members consisting of: Six (6) citizen members and one (1) Council Member. The Director
of Community Development or designee shall serve as coordinator and recording secretary
for the Committee. There shall also be appointed two (2) alternate members, who shall be
authorized to act in the place of any member who is unable to attend a meeting. Citizen
members shall serve three (3) year terms. In addition to these voting members, the Director
or his/her designee of the Paine Art Center and Gardens, Oshkosh Public Museum, Oshkosh
Parks Department and Oshkosh Public Library shall be nonvoting ex officio advisory
members of the Committee.
(B) Terms Defined
1) Public Art. The term "Public Art" means any Work of Art acquired by the City and
integrated into the design of, or placed or performed in, on or about a place
generally accessible or visible to the general public.
2) Work of Art. The term "Work of Art" means any application of skill and taste to the
production of tangible objects according to aesthetic principles, including but not
limited to paintings, sculptures, engravings, carvings, frescoes, mobiles, murals,
collages, mosaics, statues, tapestries, photographs, drawings and ceramics, but
excluding purely structural or supportive elements, advertising, or those required by
applicable law, code, rule or regulation.
(C) Scope of Authority
The committee shall provide assistance for Public Art projects that utilize public funding or
are located on property owned by the City of Oshkosh.
(D) Purpose, Duties, and Functions
The Public Arts Advisory Committee shall have the responsibility to:
1)
2)
Promote public art and beautification in the community.
Advise the City Manager, Common Council and appropriate boards and
commissions on matters pertaining to public art and beautification.
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3)
4)
5)
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Facilitate community and agency input pertaining to public art and
beautification.
Advise the Common Council on Gifts or donations of public art pursuant to the
City of Oshkosh Gifts and Donations Policy.
Act upon appeals under the City's mural ordinance.
SECTION 2-48 LANDMARKS COMMISSION
(A) Membership and Terms
The Landmarks Commission shall be composed of six (6) voting members consisting of:
Five (5) citizen members, and one (1) Council Member. The Director of Community
Development or designee shall serve as coordinator and recording secretary for the
Commission. There shall also be appointed two (2) alternate members, who shall be
authorized to act in the place of a Commissioner who is unable to attend a meeting. The
first alternate appointed shall act first and the second alternate appointed shall act second.
Citizen members shall serve three (3) year terms. In addition to these voting members, the
Director or his/her designee of the Paine Art Center and Gardens and the Director or his/her
designee of the Oshkosh Public Museum shall be non-voting members of the Commission.
(S) Duties, Purposes, and Functions
The Landmarks Commission:
(1) Shall recommend to the City Council those historic sites, structures, and districts
which are of sufficient significance to be classified as landmarks and the criteria
under which these were developed.
(2) May receive and expend funds for the benefit of protecting, supporting or
promoting the City's historic, architectural and cultural heritage.
(3) Shall report to the Oshkosh City Council as requested to review its work program
and expenditures.
(4) Shall foster the protection, enhancement, and perpetuation of historic improvements
and of districts which represent or reflect elements of the City's cultural, social,
economic, political and architectural history.
(5) Shall safeguard and foster civic pride in the City's historic and cultural heritage as
embodied and reflected in landmarks and historic districts.
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(6) Shall cooperate with the City administration to provide information on historic
resources to be used to meet requirements of the State of Wisconsin "smart growth
law".
(7) Shall implement and regulate the provisions of Article 18, of Chapter 30 of this
Code, Historic Preservation.
[Statutory Reference §62.23(7)(em) Wis. Stats.]
SECTION 2-49 LIBRARY BOARD
(A) Membership and Terms
The Library Board shall consist of nine (9) members who shall be appointed for three year
terms. Eight members shall be residents of the City of Oshkosh except that not more than
two (2) members may be residents of towns adjacent to the municipality, who shall be
appointed by the Mayor with the concurrence of the Council. The Superintendent of
Schools or his/her representative shall be an additional member of the Board. Up to five (5)
additional members may be appointed by the County as provided in Sec. 43.60(3) Wis.
Stats.
(B) Duties and Powers
The Library Board shall have the duties and powers as prescribed in Sections 43.25 to 43.31
of the Wisconsin Statutes. The Library Board establishes all policies governing the
management and operation of the Library and the Board has the power to contract for the
extension of Library Services.
(C) Employees
Notwithstanding ss. 59.031(2)(br) and 59.033(2)(b) Wis. Stats., the Library Board shall
supervise the administration of the Public Library and shall appoint a librarian, who shall
appoint such other assistants and employees as the Library Board deems necessary, and
prescribe their duties and compensation.
(D) Budget
The Library Board shall have exclusive control of the expenditure of all moneys collected,
donated, or appropriated for the Library Fund, and of the purchase of a site and the
erection of Library Buildings whenever authorized. The Library Board also shall have
exclusive charge, control and custody of all lands, buildings, money or other property
devised, bequeathed, given or granted to, or otherwise acquired or leased by, the
municipality for library purposes.
[Statutory Reference Chapter 43, Wis. Stats.]
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SECTION 2-50 PARKING UTILITY COMMISSION
(A) Membership and Terms
The Commission shall consist of five (5) members, one of whom shall be a City Council
member. The Transportation Director or designee shall serve as the Commission
Coordinator and shall not have voting privileges. Citizen members shall serve for a term of
3 years and the council member shall serve for a term of one (1) year.
(B) Jurisdiction
(1) The Commission shall have jurisdiction over off-street parking in the following
municipal parking lots:
(a) Algoma Lot, at the southeast corner of the intersection of Algoma Boulevard
and Brown Street
(b) Ceape Lot, at the northeast corner of the intersection of Ceape Avenue and
State Street
(c) Grand Lot, on High Avenue bordering the Grand Opera House to the west
(d) High Avenue Lot, between High Avenue and Pearl Avenue, and west of
Market Street
(e) Jefferson Lot, at the southwest corner of Jefferson Street and Merritt Avenue
(f) Otter Lot, at the northwest corner of the intersection of Otter Avenue and State
Street
(g) Otter East Lot, on the south side of Otter Avenue between State Street and
Court Street
(h) Riverside Lot, on the south side of Ceape Avenue, bordering the Oshkosh
Convention Center on the east
(i) State Street Lot, on the east side of State Street between Waugoo Avenue and
Washington Avenue
(j) Washington Avenue Lot, at the southwest corner of the intersection of State
Street and Washington Avenue
(k) 400 Block West Lot, on the east side of Division Street between Church Avenue
and Algoma Boulevard
(1) Division Street Lot, at the northwest corner of Church Avenue and Division
Street
(m) 8th Avenue Lot, on the north side of 8th Avenue, east of Oregon Street
(n) 9th Avenue Lot, behind the west side of Oregon Street between 9th Avenue
and 10th Avenue
(o) 10th Avenue Lot, on the south side of 10th Avenue, east of Oregon Street
(2) The Commission shall have jurisdiction over off-street parking in the following
private parking lots, according to filed agreements with the respective property
owners:
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(a) City Center Lot, at the southwest corner of Market Street and Pearl Avenue
(b) Pearl Avenue Lot, at the northwest corner of Main Street and Pearl Avenue
(c) Recreation Department Lot, on the west side of Division Street between
Church Avenue and Algoma Boulevard.
(3) The Commission shall not have jurisdiction over off-street parking areas wholly
included in the boundaries of a municipal park. The Commission shall also not have
jurisdiction over the Riverside East Lot (adjacent to the Leach Amphitheater, south
of Ceape Avenue and east of Court Street).
(4) The Commission shall not have jurisdiction over parking lots on municipal property
designated to exclusively serve City facilities, including but not limited to City Hall,
the Safety Building and Library.
(5) The Commission shall have jurisdiction over any on -street parking where payment is
required, so long as those areas are not governed by other agreements. On -street
parking issues related to safety and traffic flow shall be reviewed by the Traffic
Review Advisory Board.
(C) Duties and Responsibilities.
The Parking Utility Commission shall:
(1) Advise City staff and the Common Council with respect to the goals and objectives
of public parking in the City, as it pertains to the parking areas under its jurisdiction.
(2) Advise the Common Council on all matters involving the operations of parking
areas under its jurisdiction, including establishment of parking rates, time limits,
availability of and requirements for leased and permit parking.
(3) Recommend to the Common Council all matters involving the Parking Utility
Commission's inventory of infrastructure, including acquisition and disposition of
land, proposed property improvements, and investments in revenue collection
technology.
(4) Review all requests to restrict access to parking areas under its jurisdiction, and
provide recommendations to the Common Council as to whether such reservations
are consistent with the goals and objectives of public parking in the City.
(5) Review financial reports pertaining to the operations of the Parking Utility.
(D) Coordination with Other Governmental Units
(1) Any recommendations by the Parking Utility Commission for changes in the
duration of on -street parking shall obtain an advisory review from the Traffic
Review Advisory Board.
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(2) Prior to acting on recommended capital improvements, or acquisition or disposition
of land for municipal parking, the Common Council shall obtain an advisory review
from the Parking Utility Commission.
SECTION 2-51 ADVISORY PARK BOARD
(A) Membership and Terms
The Advisory Park Board shall consist of nine (9) members, one of whom shall be a City
Council Member. Citizen members shall serve for a term of three (3) years and the council
member shall serve for a term of one (1) year.
(B) Functions
The Advisory Park Board is empowered and directed to:
(1) Advise and assist the City Parks Director, City Administration, Common Council,
and Planning Commission in planning and developing the Oshkosh Park System to
include parks, open spaces, forestry, golf courses, municipal cemeteries, waterways,
and other related areas.
(2) Participate in the development of the Parks Capital Improvement Program and
annually recommend priorities.
(C) Coordination of the Advisory Park Board with other Governmental Units
Prior to acting on the Park Capital Improvements Budget or any Park Acquisition or sale
the Common Council and Planning Commission shall obtain an advisory review from the
Park Board.
SECTION 2-52 PLAN COMMISSION
(A) Membership and Terms
The City Plan Commission shall consist of one (1) Council person, eight (8) citizens, and
two (2) alternates so that the Commission shall consist of nine (9) members. Citizen
members shall be persons of recognized experience and qualifications. The term of the eight
(8) citizen members and two (2) alternates shall be for a three (3) year term. The council
member shall serve for a term of one (1) year.
(B) Functions and Duties
The functions and duties of the Commission shall be as prescribed in Chapter 30 of this
Code and in Section 62.23 of the Wisconsin Statutes.
[Statutory Reference §62.23 Wis. Stats.]
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SECTION 2-52.1 EXTRATERRITORIAL ZONING COMMITTEE
(A) Membership and Terms.
The Extraterritorial Zoning Committee shall consist of three (3) citizen members of the Plan
Commission and two (2) alternate citizen members of the Plan Commission.
(B) Functions and Duties.
The functions and duties of the Extraterritorial Zoning Committee shall be as prescribed in
Chapter 30 of this Code and in Section 62.23(7a) of the Wisconsin Statutes as it relates to the
Town of Algoma.
[Statutory Reference §62.23(7a)(c) Wis. Stats.]
SECTION 2-53 BOARD OF POLICE AND FIRE COMMISSIONERS
(A) Membership and Terms
11
The Board of Police and Fire Commissioners shall consist of five (5) citizens who shall be
appointed by the Mayor for a term of five years.
Functions and Duties
The Board shall have such functions and duties as are prescribed by the Wisconsin Statutes,
particularly section 62.13 thereof.
[Statutory Reference §62.13 Wis. Stats.]
SECTION 2-54 PUBLIC MUSEUM BOARD
(A) Membership and Terms
The Oshkosh Museum Board shall consist of seven (7) members and two (2) alternates, each
being appointed for a term of three (3) years. The President of the School Board and the
Superintendent of Schools shall be ex officio members so that the Board shall consist of nine
(9) members. An alternate member shall serve only in the absence of a regular member and
shall have such duties as provided in this Section during the regular member's absence.
(B) General Powers
The Museum Board shall have power to manage, control, and operate the Museum through
the establishment of strategic and other plans and the setting of policies related to the care,
maintenance and acquisition/disposal of the Museum and Museum property including
appurtenances, fixtures, furniture and items within exhibits or collections, where such
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policies are not inconsistent with the ordinances and policies of the City of Oshkosh.
(C) Acquisition, Disposition, Care and Management of Property
The Board shall have power to accept all gifts, donations, bequests, grants, and devises of
or to direct the purchase of property, both real and personal with funds budgeted for such
purposes or with donated funds, for the enrichment and improvement of the Museum
collections and properties, provided, however, that, before accepting grants, devises, or
gifts of or otherwise acquiring real estate, such acquisition of real estate must be approved
by the Common Council. All books, specimens and other personal property within the
museum collections shall be under the care, management and control of the Board who may
provide for the disposition of such property in accordance with policies which the Board
may adopt.
(D) Employees
The Board shall recommend a Director to be appointed by the City Manager to be in active
charge of the Oshkosh Public Museum. Other employees may be employed as deemed
necessary for the proper operation, management, and functioning of the Museum as
authorized within the City's organizational chart and current city budget. The
compensation for the Director and all employees shall be included in the budget submitted
to the City Manager and presented to the Common Council for approval.
(E) Approval of Annual Budget / Appropriated Funding
The Board shall annually review the budget for the Museum to be submitted to the City
Manager for review and submittal to the Common Council for approval. Funds
appropriated to the Museum by the Common Council shall be used for the purposes
appropriated and shall not be used for any purpose other than for the operation, care and
maintenance of the Museum.
(F) Other Revenue
The Board shall have the power to derive additional revenues in proper legal ways which
the members shall from time to time agree upon, to be expended at the direction of the
Museum Board for Museum purposes.
(G) Trust Funds, Monetary Gifts and Contributions
The City Treasurer shall set up accounts on the books as appropriate, for the purpose of
supporting the Oshkosh Public Museum. All gifts or contributions, or the proceeds
therefrom in the form of money shall be deposited by the Museum Board with the City
Treasurer and shall be credited to such funds.
The Museum Board shall have control over the expenditure of all money devised,
bequeathed, given or granted to, or otherwise acquired by the Museum and/or the City for
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Museum purposes. All expenditures from said funds shall be made in accordance with the
intent of the donors and in accordance with the provisions of any trust document or other
instrument of gift and made solely for the purpose of adding to or improving the various
collections and exhibits or for the care, maintenance or improvement of the Museum or
Museum property. All disbursements from such funds, unless otherwise provided by the
donor, shall be made solely at the discretion of the Museum Board without further approval
required.
Bonds or securities devised, bequeathed, given or granted to the Museum shall be invested
in accordance with municipal statutes governing the investment of public funds or may be
converted to cash as deemed appropriate by the Director of Finance.
The Museum Board shall have management and control over investments but such trusts or
similar funds established for the benefit of the Museum shall be invested in accordance with
the laws, rules and policies governing the investment of public funds.
(H) Expenditures
Expenditures shall be made consistent with the approved budget and with City ordinances
and City and Museum policies. Capital Expenditures shall require Council approval.
(I) Code of Ethics
The relations between the Museum and the public, between museums, between the Director
and the Museum Board, between the Director and other museum employees, between other
museum employees and the Director, and between museum employees shall be governed
in all respects where possible and practicable by the Code of Ethics of the American
Alliance of Museums, and it shall be the further duty of the Museum Board to enforce said
code whenever need for such enforcement is called to its attention.
SECTION 2-55 BOARD OF PUBLIC WORKS
The duties of the Board of Public Works as set forth in the Wisconsin Statutes, particularly Section
62.14 thereof, shall be exercised by the City Manager.
[Statutory Reference §62.14 Wis. Stats.]
SECTION 2-56 BOARD OF REVIEW
(A) Composition
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The Board of Review shall consist of five (5) members and two alternates, each being
residents of the City of Oshkosh, none of whom shall occupy any public office or be
publicly employed. Members and alternates shall serve for five-year terms and shall be
appointed by the Mayor with approval of the Common Council. Alternates shall serve
when a member is absent from a hearing or hearings, or is otherwise unable to participate
in a hearing or hearings pursuant to Sec. 70.47(6m), Wis. Stats. In addition, the City Clerk
shall serve as a non-voting member of the Board.
Functions and Duties
The Board shall have such functions and duties as are prescribed by the Wisconsin Statutes,
particularly Section 70.45 and Section 70.47 thereof.
[Statutory Reference §70.46 Wis. Stats.]
SECTION 2-57 TRAFFIC REVIEW AND ADVISORY BOARD
(A) Membership and Terms
The Traffic Review Advisory Board shall be composed of seven (7) members. The Director
of Transportation or designee shall serve as the coordinator for the Board. The Board shall
be comprised of six (6) citizen members who shall serve three (3) year terms and one (1)
Council Member who shall serve a one (1) year term.
(B) Functions and Duties
The Board shall study and recommend to the Common Council on all matters involving
non -metered on -street parking, intersectional traffic flow, speed limits, pedestrian right of
ways, crosswalks, bus stops, taxicab parking areas, school zones, vehicular traffic, and snow
emergency traffic regulations.
SECTION 2-58 TRANSIT ADVISORY BOARD
(A) Membership and Terms
The Transit Advisory Board shall be composed of seven (7) members. The Transportation
Director or designee shall serve as the coordinator for the Board. The Board shall be
comprised of six (6) citizen members who shall serve four (4) year terms and one (1) council
member who shall serve a one (1) year term.
(B) Duties and Responsibilities
The Transit Advisory Board shall guide and assist in the implementation of improved
transit service to the City of Oshkosh. The Board will monitor the level of transit service
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provided to ensure an efficient and effective operation.
SECTION 2-59 BOARD OF ZONING APPEALS
(A) Membership and Terms
The Board of Appeals shall consist of five (5) members and two alternate members
appointed for a term of three years.
(B) Functions and Duties
The Board of Zoning Appeals shall have the duties and powers prescribed in Section 62.23
of the Wisconsin Statutes and Chapter 30 of this Municipal Code.
[Statutory Reference §62.23(7)(e) Wis. Stats.]
SECTION 2-60 STORM WATER UTILITY APPEALS BOARD
(A) Membership and Terms
The Storm Water Utility Appeals Board shall consist of five (5) members appointed for a
term of three (3) years.
(B) Functions and Duties
The Board shall provide advice and recommendations to the Council concerning
stormwater utility planning, projects, rates and credits, and shall conduct all appeals,
pursuant to Sections 14-37) of this Code.
[Statutory Reference §66.0805 Wis. Stats.]
ARTICLE VII. PERSONNEL
DIVISION 1. EMPLOYEES
SECTION 2-61 REPRESENTED EMPLOYEES.
Employees as defined in Section 111.70 of the Wisconsin Statutes shall be governed and controlled
insofar as wages, hours and conditions of employment are concerned by labor agreements entered
into between the various employee representatives and the City of Oshkosh.
SECTION 2-62 NON -REPRESENTED EMPLOYEES.
Non -Represented employees shall be governed by rules and regulations adopted by the City
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Manager and approved by the Common Council of the City of Oshkosh with regard to wages,
hours, and conditions of employment.
DIVISION 2. WORKER'S COMPENSATION AND INSURANCE
SECTION 2-63 WORKER'S COMPENSATION RESERVE FUND
(A) Funds Obtained From Appropriations
The Worker's Compensation Reserve Fund of the City shall be kept as a separate fund
under said title by the City Treasurer. The fund shall consist of all unexpended
appropriations, if any, provided for in the current budget each year for payment of worker's
compensation claims as of the close of the City's business day on December 31st each year
hereafter. The Treasurer shall, at the close of each year, credit the unexpended
appropriations, if any, to the Worker's Compensation Reserve Fund.
(S) Fund Limited to $100,000.00
When the Worker's Compensation Reserve Fund shall have reached One Hundred
Thousand Dollars ($100,000.00) in amount, the City Treasurer shall discontinue crediting
any further unexpended appropriations as aforesaid to the fund.
(C) Deficiencies to be Made Up from Reserve Fund
If worker's compensation claims, payable by the City in any one year, shall exceed the
amount appropriated in the budget for the year for such purposes, then the claims in excess
of the current appropriations shall be paid to whatever extent necessary or possible out of
the Worker's Compensation Reserve Fund. In any event, the City Treasurer shall continue
to credit the unexpended appropriations, if any, to the Worker's Compensation Reserve
Fund at all times when the fund shall amount to less than One Hundred Thousand Dollars
($100,000.00).
ARTICLE VIII. PENALTIES
SECTION 2-64 PENALTIES
Any person who shall violate any of the provisions of this Chapter or of any Section thereof, shall,
upon conviction thereof, be punished by a forfeiture of not less than $75.00 nor more than $500.00,
together with the costs of prosecution, and in default of payment thereof, by imprisonment in the
County Jail for a period not to exceed sixty (60) days. Each day of violation shall constitute a
separate offense.
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City of Oshkosh
CHAPTER 16
I:19TIRI10[L]
ARTICLE I. HOUSING IN GENERAL.
DIVISION 2. ANTIDISCRIMINATION /N HOUSING
16-3 POLICY
16-3.1 DISCRIMINATION PROHIBITED
16-4 DEFINITIONS
16-5 ACTS PROHIBITED BY THIS DIVISION
16-5.1 REPRESENTATIONS DESIGNED TO INDUCE PANIC SALES
16-6 EXEMPTIONS
16-6.1 REPEALED
16-7 POWERS AND DUTIES OF COMMISSION
16-7.1 ENFORCEMENT PROCEDURES
16-8 LIBERAL CONSTRUCTION; SEVERABILITY
16-9 PENALTY
/e1:49MgNoM:19TIRI10Ics10KC1Ell 01Ell :7e1I
DIVISION 2. ANTIDISCRIMINATION /N HOUSING
SECTION 16-3 POLICY
Municipal Codes
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It is the intent of this article to make discrimination in housing unlawful. It is the policy of the City to
provide, within constitutional limitations, for fair housing throughout the City regardless of age, color,
family status, gender identity and/or gender expression, marital status, national origin/ancestry, race,
religion, persons with disabilities, sex, sexual orientation, source of lawful income, or victims of domestic
violence, sexual assault or stalking. Enforcement of this article shall be considered an exercise of the
police powers of the City for the protection of the health, welfare, peace, dignity, and human rights of
persons of this City. The City herein adopts Wis. Stat. 106.50(1) as amended.
SECTION 16-3.1 DISCRIMINATION PROHIBITED
Subject to the other provisions of this Division, no person may discriminate in the rental of housing,
procurement of property owner's insurance, or commit any sale or discriminatory housing practice
against any person on the basis of membership in any Protected Class. The terms and standards of the
Wisconsin Open Housing Law shall apply to this Division, except where the City adopts more inclusive
terms as outlined in this Division
SECTION 16-4 DEFINITIONS
(A) The City adopts the Definitions described in Wis. Stat. 106.50 (ad) — (mm) and (om) — (u), as
amended, as if fully restated herein.
(B) "Commission" shall mean the Oshkosh Fair Housing Commission and "Commissioner" shall mean a
member thereof.
(C) A Member of a Protected Class means a group of natural persons, or a natural person, who may be
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categorized because of one or more of the following:
(1) Age. Persons 18 years of age or older.
(2) Color. A person's skin color.
(3) Disability / Handicap. A physical or mental impairment that substantially limits one or more
major life activities.
(4) Domestic Abuse, Sexual Assault and Stalking Victims. Persons who have been victims of
domestic abuse, sexual assault, or stalking.
(5) Family Status. Household composition, including presence of children.
(6) Gender Identity and/or Gender Expression. A person's gender -related self-identity,
appearance, expression or behavior, regardless of the persons assigned sex at birth.
(7) Lawful Source of Income. A person's legal means of income, including such subsidized
forms as Social Security, food stamps, unemployment compensation, etc.
(8) Marital Status. Married, unmarried, single, widowed or separated.
(9) National Origin / Ancestry. The country of one's birth and/or nationality of one's ancestors.
(10) Race. A person's race or the race of persons with whom one associates.
(11) Religion. A person's religious beliefs, or denominational affiliation.
(12) Sex. A person's sex, including sexual harassment or intimidation.
(13) Sexual Orientation. Individuals identified as heterosexual, gay, lesbian, bisexual or any
sexual orientation identity.
SECTION 16-5 ACTS PROHIBITED BY THIS DIVISION
The City adopts Wis. Stat. 106.50 (2) and (2r), as amended, as if fully restated here.
SECTION 16-5.1 REPRESENTATIONS DESIGNED TO INDUCE PANIC SALES
The City adopts Wis. Stat. 106.50 (2m), as amended, as if fully restated herein.
The City adopts Wis. Stat. 106.50 (5m), as amended, as if fully restated herein.
SECTION 16-6.1 ENFORCEMENT
It is the intent of the City to enforce or assist with the enforcement of the requirements of this Division
as described in the Wisconsin Open Housing Equal Rights provisions, and to otherwise take all authorized
and appropriate actions to affirmatively further fair housing within the City of Oshkosh. The City shall assist
with initial investigations and attempted resolutions for matters within the scope of the State of Wisconsin's
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Open Housing Equal Rights provisions, although the final and formal investigation, resolution, and
enforcement of unresolved contested complaints shall be by the State of Wisconsin through a referral to the
appropriate State agency or department. Complaints with a subject matter consistent with the Ordinance,
but outside the scope of the State's jurisdiction, shall be addressed by the City or it's designee through this
Division.
(A) The City may delegate to third parties some or all of the responsibilities necessary to take meaningful
actions to affirmatively further fair housing in the City, and that such actions may include education,
training, data compilations, and reporting.
(B) The City may delegate to a third party administrator the responsibilities for investigating complaints
from members of a Protected Class as well as to undertake all reasonable actions necessary to
resolve disputes related to this Division, including negotiation, conciliation, settlement, or other
mutually agreeable resolution. In the event that a settlement or other resolution is not obtained, then
the third -party administrator shall:
a. Assist the Complainant to the extent necessary to ensure the Complainant has the
opportunity to initiate a proceeding through the State of Wisconsin Equal Rights Program for
Open Housing as described in Wis. Stat. 106.50, as amended. The third -party shall thereafter
notify the City that it has concluded its activities with the issues surrounding this complainant.
b. Refer the matter back to the City for further actions in the event that the Complainant has
raised issues that are outside the scope of the State of Wisconsin Equal Rights Program for
Open Housing but are within the scope this Division. The City shall then take all appropriate
actions based upon the third party administrator's referral.
SECTION 16-7 POWERS AND DUTIES OF COMMISSION
The Oshkosh Fair Housing Commission shall have the following powers and duties:
(A) Adopt Rules
To adopt, amend, publish and rescind rules for governing its meetings and hearings;
(B) Receive and Investigate Complaints
To receive complaints and review staff investigation of all complaints alleging any discriminatory
practice prohibited by this Division.
(C) Hearings
To hold hearings, if necessary, after efforts at settlement based on complaints made against any
person, to administer oaths and take testimony, to compel the production of books, papers and other
documents relating to any matter involved in the complaint, and to subpoena witnesses and compel
their attendance.
(D) Refer Disputes to Appropriate Entity for Resolution
Refer complaints to the City Attorney or to other appropriate entities to the purpose of reaching a
resolution of the issues raised in the complaint.
SECTION 16-7.1 ENFORCEMENT PROCEDURES
(A) Complaint
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Any complaint alleging any discriminatory practices prohibited by this Division shall be reduced to
writing and signed under oath by the complainant in the presence of a Notary. Such complaints may
be initiated by any person having personal knowledge of the facts constituting the alleged
discriminatory practice. All complaints shall contain the following:
(1) The name and address of the complainant, and of the person allegedly discriminated against,
if different.
(2) The name and address of the respondent or respondents.
(3) A statement setting forth the facts constituting the alleged discriminatory practice, and
(4) The date or dates of the alleged discriminatory practice.
(B) Where Filed
Complaints shall be filed with the City Clerk who shall transmit the same to the Director of the
Department of Community Development as the Secretary of the Oshkosh Fair Housing Commission.
(C) When Filed
Complaints alleging any discriminatory practice prohibited by this Division shall be filed no later than
1 year from the occurrence or termination of an alleged discriminatory practice.
(D) Initial Investigation
The Secretary, or their designee(s), shall perform an initial investigation of the complaint and is
authorized to resolve the matter through conference, conciliation and persuasion. In the event the
matter cannot be resolved by the Secretary, then the Secretary shall submit findings to the
Commission. The Secretary's findings may include the conclusion that no probable cause exists that
shows discriminatory practices exist, which will end the matter, The Secretary's findings may include
the conclusion that probable cause does exist that shows discriminatory practices exist, in which
case the Secretary will forward the same to the Commission for formal review.
(E) Notice to Respondent
The Commission shall provide a copy of the complaint to the respondent within ten (10) days of said
finding of probable cause. The respondent shall have ten (10) days after receipt of the complaint to
file a response with the Commission.
(F)
Amendment and Withdrawal
A complaint may be amended or withdrawn by the complainant at any time with and subject to the
approval of the Commission or its designated agent and under such terms as the agent shall direct.
(G) Hearings
(1) The Commission shall conduct a hearing to determine facts upon which to base a
recommendation for prosecution to the City Attorney. Said hearing shall be conducted within
eight -five (85) days after a finding of Probable Cause is forwarded to the Commission.. The
complainant and respondent may but need not be represented at said hearing by an attorney.
(2) At the conclusion of the hearing, the Commission shall by majority vote of those members
present and voting, make a determination which may reverse the Secretary's initial finding of
Probable Cause, or may affirm the Secretary's initial finding of Probably Cause that
discrimination did occur. If the Commission does not find probable cause, then the case will
be closed and the claimant and respondent promptly notified. If the Commission affirms the
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Secretary's initial finding of Probable Cause, then the Commission will refer this finding,
along with all documents associated with this matter, to the City Attorney's office for further
proceedings.
(3) In the event that this matter is referred to the City Attorney's office, the City Attorney's office
may at its discretion take further appropriate action to remedy any discrimination that is the
subject of a Probable Cause finding. The City Attorney may take any lawful action that is
warranted, including without limitation initiating a forfeiture or civil action, and may request
monetary damages, injunctive relief, and/or any other remedy that may be available.
(4) The City Attorney may intervene in this matter at any time after the Secretary issues an initial
determination, and may take any lawful action that is warranted, including without limitation
initiating a forfeiture or civil action, and may request monetary damages, injunctive relief,
and/or any other remedy that maybe available. In the event that the City Attorney intervenes
in a matter during the period when the matter is before the Commission, then the City
Attorney shall notify the Commission of its actions taken. If the Commission receives the
aforementioned notice from the City Attorney, then the Commission may suspend further
proceedings pending a resolution of the legal actions taken by the City Attorney.
(5) The procedure for resolving issues as outlined in this Division shall not preclude the
Complainant from pursuing other lawful methods of resolving a matter without the
involvement of the Commission or the City that are available. In the event the Complainant
elects to pursue other available methods of resolution, the Complainant shall notify the
Secretary of this and the City and Commission files may be closed.
(6) No Commissioner who has filed a complaint on the Commissioner's own initiative, or who
has a material or personal interest in any issue raised in the complaint, or may be a witness
in any hearing related to the matter, shall participate in any subsequent hearing or
proceeding in any role as a Commissioner.
SECTION 16-8 LIBERAL CONSTRUCTION; SEVERABILITY
(A) The provisions of this division shall be liberally construed in order to promote the purposes and
provisions contained herein.
(1) This Division is intended to be interpreted consistently with Title VIII of the Civil Rights act of
1968 (42 USC Sec. 3601-3619) as amended, and with regulations applicable thereto (24 CAR
Parts 14, 100, 103, 110, 115 and 121) except where the language of this Division clearly
expresses a different interpretation.
(2) This Division is intended to be interpreted consistently with Wisconsin's fair and open
housing provisions as may be amended, including Sections 66.1011, 101.32, and 106.50, except
where the language of this Division expresses a different interpretation,
(B) The provisions of this Division are severable and if any provision, sentence, clause, section or part
thereof is held illegal, invalid, unconstitutional or inapplicable to any person or circumstance, such
illegality invalidity, unconstitutionally or inapplicability shall not affect or impair any of the remaining
provisions, sentences, clauses, Sections or parts of the Division or their application to other person
or circumstances. It is hereby declared to be the legislative intent that this Division would have been
adopted if such illegal, invalid, unconstitutional or inapplicable provision, sentence, clause, Section or
part thereof had not been included therein, and if the person or circumstances to which the Division
or any part thereof is inapplicable had been specifically exempted therefrom.
City of Oshkosh Chapter 16 — Page 5 Municipal Codes
City of Oshkosh Municipal Codes
Revised February xxx, 2017
SECTION 16-9 PENALTY FOR VIOLATION OF THIS DIVISION
(A) Citations.
a. Any person who violates this article or any lawful order issued under this article shall, for
each violation, forfeit not more than ten thousand dollars ($10,000) along with other relief
deemed appropriate which may include economic and noneconomic damages suffered by
the aggrieved person and injunctive or other equitable relief.
b. Any person adjudged to have committed one (1) other discriminatory act under this Division
within a five (5) year period, based on the offense date of the prior discriminatory act, may
be assessed a forfeiture not exceeding twenty-five thousand dollars ($25,000). If a person is
adjudged to have committed two (2) or more prior discriminatory acts under this article during
the preceding seven (7) year period, based on the offense dates of the prior discriminatory
acts, a forfeiture not exceeding fifty thousand dollars ($50,000) may be assessed.
(B) Civil Actions.
a. The City may commence a civil action on behalf of an aggrieved person for the purposes of
seeking injunctive relief and, if the City is the prevailing party, court costs and reasonable
attorney's fees.
b. Any person alleging a violation of this Division may at anytime bring a civil action requesting
injunctive relief, damages including punitive damages, and if the plaintiff is the prevailing
party, court costs and reasonable attorneys fees.
(C) Other Remedies. Nothing in this Division shall prohibit an aggrieved party from initiating any lawful
proceeding, whether individually or as a class, regardless of any actions or enforcement being
undertaken by the City.
(D) In addition to the above, a prevailing complainant, including the City, may be awarded reasonable
attorney's fees and costs.
City of Oshkosh Chapter 16 — Page 6 Municipal Codes