Chapter 3

GENERAL GOVERNMENT

[HISTORY: Adopted by the Common Council of the City of Gillett as Chs. I, II and III and §§ 5.01 to 5.06 of the former Municipal Code. Amendments noted where applicable.]

§ 3-1.  Form of government.

The City of Gillett is organized and operates under the Mayor-Council form of government under the provisions of Ch. 62, Wis. Stats.

§ 3-2.  Elected officials. [1]

The elected officials of the City shall consist of:

A.     Mayor.

(1)    Election. The Mayor shall be elected in even-numbered years for a two-year term. The Mayor shall be elected by the voters of the City of Gillett at the regular City election to be held on the first Tuesday in April in the even-numbered years.

(2)    Salary. The salary of the Mayor shall be set by the Common Council. The salary of the Mayor shall be payable in four quarterly installments. All compensation will be processed through the City of Gillett payroll and will be paid by way of direct deposit into an account designated by said official or employee. [Amended 3-6-2003 by Ord. No. 2003-3]

B.      Alderpersons.

(1)    Election. There shall be two Alderpersons for each ward in the City of Gillett. The Alderpersons shall be divided into two seats, one seat consisting of one Alderperson from each ward to be elected in the odd-numbered years and the other seat consisting of the other Alderperson from each ward to be elected in the even-numbered years.

(2)    Salary. The salary of the Alderpersons shall be set by the Common Council. The salary of the Alderpersons shall be payable in four quarterly installments. All compensation will be processed through the City of Gillett payroll and will be paid by way of direct deposit into an account designated by said official or employee. [Amended 3-6-2003 by Ord. No. 2003-3]

§ 3-3.  Confirmed or appointed officials.

The confirmed or appointed officials of the City shall consist of:

A.     Clerk/Treasurer. The person appointed to perform the duties of the City Clerk/Treasurer shall be appointed by the affirmative vote of a majority of the members of the Common Council. Said persons so appointed shall hold the office for an indefinite term, subject to removal as provided in § 17.12(l)(c) and (d), Wis. Stats.

(1)    Salary. The salary of the City Clerk/Treasurer shall be set by the Finance and Personnel Committee and approved by Common Council. All compensation will be processed through the City of Gillett payroll and will be paid by way of direct deposit into an account designated by said official or employee.

(2)    Bond. The City Clerk/Treasurer shall furnish a good and sufficient surety bond for the faithful performance of his/her duties, in an amount specified by the Common Council. The premium of this bond shall be paid by the City.

B.      Deputy Clerk/Treasurer. The City Clerk/Treasurer may appoint a Deputy Clerk/Treasurer when authorized by Common Council subject to the confirmation of the Common Council.

(1)    Wage. The wage of the Deputy Clerk/Treasurer shall be set by the Finance and Personnel Committee and approved by Common Council. All compensation will be processed through the City of Gillett payroll and will be paid by way of direct deposit into an account designated by said official or employee.

(2)    Bond. The City Deputy Clerk/Treasurer shall furnish a good and sufficient surety bond for the faithful performance of his/her duties, in an amount specified by the Common Council. The premium of this bond shall be paid by the City.

C.     City Attorney. The City Attorney shall be appointed by Common Council for an indefinite term.

D.     Chief of Police. The Chief of Police shall be appointed by Common Council for an indefinite term.

E.      Fire Chief. The Fire Chief shall be elected by the firemen and confirmed by Common Council. [Amended 1-2-2003 by Ord. No. 2003-2]

F.      Assessor. The Assessor shall be appointed by the Common Council for a term set by contract.

G.     Building Inspector. The Building Inspector shall be appointed by the Common Council for a term set by contract.

H.     Fire Inspectors. Fire Inspectors shall be appointed by the Fire Chief and confirmed by Common Council.

I.       Weed Commissioner. The Weed Commissioner shall be appointed by the Mayor for a one-year term.

J.       Library Board. One Common Council member shall be appointed by the Mayor for a one-year term.

K.     OCEDC Board. One Common Council member shall be appointed by the Mayor for a one-year term.

§ 3-4.  Boards and committees.

A.     The City shall have the following boards and committees with community members appointed:

(1)    Utility Committee. Two community members shall be appointed by the Mayor for a two-year term, confirmed by Common Council.

(2)    Zoning Board of Appeals. One Common Council member shall be appointed for one year and four community members shall be appointed by the Mayor for a three-year term, confirmed by Common Council. The three-year terms are staggered.

(3)    Mayor's Youth Advisory Board. Eight members shall be appointed by the Mayor for a one-year term, confirmed by Common Council.

(a)     Members. Two freshmen, two sophomores, two juniors and two seniors from the Gillett School District shall be appointed. The majority of the Board shall be City of Gillett residents. The remainder shall reside in the Gillett School District. Advisors for the Board shall be selected by the Mayor. The Clerk/Treasurer shall be an ex officio member. Advisors and ex officio members shall not have voting powers.

(b)     Powers and duties. The Board shall have the following powers and duties. It shall:

[1]    Elect its own Chairperson, Vice Chairperson, and Secretary, fix its own rules of meeting and procedures, keep full and complete records, file a monthly report with the Common Council, and perform such additional duties as may be directed from time to time by the Common Council.

[2]    Discuss local issues, to include but not be limited to issues which directly affect youth.

[3]    Meet with the Mayor as needed to discuss youth concerns, ideas, suggestions, etc.

[4]    Under the direction of the Mayor, meet with the Common Council to present ideas, discuss issues, etc.

B.      Board of Review.

(1)    Members. The Board of Review shall consist of the Mayor, one Alderperson, and the Clerk/Treasurer.

(2)    Powers and duties. The Board of Review shall have such powers and duties as provided in § 70.47, Wis. Stats.

§ 3-5.  Contingency of Mayoral appointive power.

In the event the Mayor fails to make any appointment, as provided in § 3-3 above, within one month of the expiration of any term of office, the Common Council may, upon motion, make such appointment.

§ 3-6.  Common Council.

A.     Generally.

(1)    The Mayor and Alderpersons shall constitute the Common Council.

(2)    The Mayor shall not be counted in determining whether a quorum is present at a meeting but may vote in case of a tie.

(3)    When the Mayor does vote in case of a tie, his vote shall be counted in determining whether a sufficient number of the Common Council has voted favorably or unfavorably on any measure.

(4)    The Common Council shall be the judge of the election and qualification of its members, may compel their attendance, and may fine or expel for neglect of duty as listed in § 62.11(5), Wis. Stats.

(5)    A majority of all the members shall be necessary to a confirmation. In case of a tie, the Mayor shall have a vote as in other cases.

B.      Meetings.

(1)    First meeting. Following a regular City election, the new Common Council shall first meet on the third Tuesday of April in each election year.

(2)    Regular meetings. The regular meetings of the Common Council of the City shall be held at the Council chambers of the City Hall on the first Thursday of the month at 6:00 p.m. in the evening, except that when the day for holding any regular meeting shall be a legal holiday, the regular meeting shall be held at the same time and place on the same day and time of the following week. Upon the approval of the majority of the Common Council members and the Mayor, the time and/or date of the meeting may be changed.

(3)    Special meetings.

(a)     Special meetings of the Common Council may be called by the Mayor or in his/her absence by the President of the Common Council. At such time he/she may call the meeting by written notice with the purpose and time thereof delivered to each member personally or left at his/her usual place of residence at least 24 hours before the meeting, unless for good cause such notice is impossible or impractical, in which case shorter notice may be given, but in no event less than two hours in advance of the meeting.

(b)     Upon petition of 50% or more of the members of the Common Council, the Mayor, or in his/her absence the President of the Common Council, shall call a special meeting of the Common Council.

(c)     No other business shall be considered or transacted at any special meeting other than that for which the special meeting was called.

(d)     In addition to all other notice requirements, the requirement of Subsection B(5) shall be complied with.

(4)    Adjournments. Any regular or special meeting may be adjourned by a majority of the members present, but no adjournment shall be made to a time later than the next regular meeting.

(5)    Open meetings. Except as provided in § 19.85, Wis. Stats., all meetings of the Common Council or of any City board, commission, committee, department or otherwise designated formally constituted subunit of City government shall be open sessions as defined by § 19.82, Wis. Stats. Pursuant to § 19.84, Wis. Stats., notice of all meetings shall be given as to time, place and subject matter not less than 24 hours prior to the commencement of such meetings, unless for good cause such notice is impossible or impractical, in which case shorter notice may be given, but in no event less than two hours in advance of the meeting. In addition, such notice shall be posted for a like period on the City Hall bulletin board. The subject matter of all closed sessions shall be announced so as to comply with the requirements of § 19.85, Wis. Stats.

(6)    Call to order. The Mayor, or in his/her absence the President of the Common Council, shall promptly call each meeting of the Common Council to order at the hour fixed for the holding of such meeting. In case of the absence of the Mayor and President, the Clerk/Treasurer shall call the meeting to order and the Alderpersons present shall elect one of their number President Pro Tem.

(7)    Roll call and quorum. Before proceeding to business, the roll of the members of the Common Council shall be called and the names of those present and those absent shall be recorded in the proceedings of the Common Council. Four members or more shall constitute a quorum for transaction of business, but a lesser number can adjourn and shall have the power to compel the attendance of absent members. The Mayor shall not be counted in determining whether a quorum is present.

(8)    Attendance; leave of absence. No member of the Common Council, the Clerk/Treasurer, the Chief of Police or any other employee who may be required to attend shall absent him/herself from the meetings of the Common Council unless for illness or other good cause without first having obtained leave of absence from the presiding officer. No member present at a meeting shall leave the Council chamber without permission from the Chairperson.

(9)    Disturbance; how suppressed.

(a)     Whenever any disturbance of disorderly conduct shall occur in the Council chambers or rooms or halls adjacent thereto, the Mayor or other presiding officer of the Common Council shall have power and authority, by and with the aid of the Chief of Police or other police officer in attendance, to cause the same to be cleared of all persons causing a disturbance.

(b)     The Common Council may punish, by fine, members or other persons present for disorderly behavior.

C.     Order of business. The order of business shall be as follows:

(1)    Pledge of allegiance.

(2)    Roll call of members and confirm Open Meeting Law[2] has been complied with.

(3)    Action on minutes.

(4)    Approval of agenda.

(5)    Public input (ten-minute limit, three minutes per person).

(6)    Financial report.

(7)    Police Department report.

(8)    Fire Department report.

(9)    Health, Protection and License Committee report.

(10)  Board of Public Works report.

(11)  Utility Committee report.

(12)  Finance and Personnel Committee report.

(13)  Park and Cemetery Committee report.

(14)  Planning Committee report.

(15)  Attorney's report.

(16)  Mayor's report.

(17)  Clerk/Treasurer's report.

(18)  Adjourn.

D.     Committee appointments.

(1)    The Mayor of the City of Gillett, subject to the approval of a two-thirds majority of Common Council members present, shall make all aldermanic appointments to committees prior to the regular Common Council meeting following the first meeting of the newly elected Common Council and shall designate the chairperson thereof. The Mayor shall serve as an ex officio member of all Common Council committees. All aldermanic appointments to Commissions, whether required by statute or ordinance, shall also be made by the Mayor of the City of Gillett, subject to the approval of a two-thirds majority of Common Council members present.

(2)    Power and duties of committees.

(a)     Board of Public Works. Three Alderpersons, appointed by the Mayor, with the approval of the Common Council, shall constitute the Board of Public Works. It shall be the duty of the Board, under the direction of the Common Council, to superintend all matters relating or pertaining to public works and public buildings and to keep the streets, alleys, storm sewers and public works and places in repair and to exercise such other powers and duties as provided by law or ordinances.

(b)     Finance and Personnel Committee. Three Alderpersons, appointed by the Mayor, with the approval of the Common Council, shall constitute the Finance and Personnel Committee. To this Committee shall be referred all accounts, claims or other matters relating to City finances, including the responsibility to examine annually department estimates and prepare the proposed budget to be submitted to the Common Council. Further, this Committee shall be responsible for all City personnel matters, except those relating to the Police Department employees.

(c)     Health, Protection and License Committee. Three Alderpersons, appointed by the Mayor, with the approval of the Common Council, shall constitute the Health, Protection and License Committee. This Committee shall have all of the powers and duties conferred on local boards of health by the statutes of the State of Wisconsin. Further, this Committee shall be responsible for managing and superintending all matters relating to the Police and Fire Departments, including personnel matters of Police Department employees. Further, this Committee shall review all applications for licenses and give recommendations to the Common Council regarding approval or rejection of the same. Further this Committee will handle all occupational safety issues.

(d)     Parks and Cemetery Committee. Three Alderpersons appointed by the Mayor, with the approval of the Common Council, shall constitute the Parks and Cemetery Committee. This Committee shall be responsible for managing and superintending all matters relating to the parks, the Orby Jones Family Complex and cemetery of the City.

(e)     Utility Committee. Three Alderpersons appointed by the Mayor, with the approval of the Common Council, and two citizen members appointed by the Mayor shall constitute the Utility Committee. This Committee shall be responsible for general management and control of all matters pertaining to the Water and Sewer Utility. This Committee shall have the power under § 66.0819, Wis. Stats., and Chapter 20, Water and Sewer Utility of this Code.

(f)      Planning Committee. Three Alderpersons appointed by the Mayor with the approval of the Common Council shall constitute the Planning Committee. This Committee shall have the authority to hear and decide special exceptions and to make recommendations to the Common Council concerning amendments to Chapter 21, Zoning, of this Code, as well as all other statutory and delegated duties. Further the Committee shall be responsible for attracting prospective business and industry to the City, including related promotion and advertising of the City. The Committee shall work with the existing City and county economic development organizations, including the purchase and sale of land.

(3)    Committee meetings. All committees shall meet at the call of the respective chairperson.

(4)    Committee reports. Each committee shall, at the next regular Common Council meeting, submit a report on all matters referred to it. Such report shall recommend a definite action on each item. Any committee may require any City officer to confer with it and supply information in connection with any matter pending before it.

E.      Common Council appointments.

(1)    Aldermanic appointments; terms. All aldermanic appointments to Common Council committees and commissions or boards, whether required by statute or ordinance, shall be for a term of one year. No Alderperson shall serve on more than three standing committees and no Alderperson shall chair more than one committee.

(2)    President of Common Council; election and term. The Common Council at its first meeting subsequent to the regular election, as defined in Subsection B(2) of this section, shall, after organization, choose from its members a President who, in the absence of the Mayor, shall preside at meetings of the Common Council and, during the absence or inability of the Mayor, shall have the power and duties of the Mayor, except that he/she shall not have power to approve an act of the Common Council which the Mayor has disapproved by filing objections with the Clerk/Treasurer. He/she shall, when so acting, be styled "Acting Mayor." The President of the Common Council is to serve such position for a term of one year.

F.      Closing of agenda for Common Council. All matters to be included on the agenda for a regular meeting shall be presented by the Mayor or committee chairperson to the City Clerk/Treasurer by the close of the business day on the Friday prior to the regular meeting. All matters to be included on the agenda for special meetings shall be presented by the Mayor or committee chairperson prior to the time required to post for a special meeting. This subsection shall not limit the Common Council from acting in an emergency session as authorized by the Wisconsin Open Meeting Law, Ch. 19, Wis. Stats.

G.     General rules

(1)    The deliberations of the Common Council shall be conducted in accordance with the parliamentary rules contained in Robert's Rules of Order, most current revision. No person other than a member shall address the Common Council except by invitation of the committee chairperson or the Mayor. No ordinance, resolution or other motion shall be discussed or acted upon unless it has been seconded. No motion shall be withdrawn or amended without the consent of the person making the same and the person seconding it.

(2)    Voting. The "ayes" and "nays" shall be called for any question if required by any member of the Common Council and at all other times when required by law.

(3)    Resolutions and ordinances. All resolutions and ordinances presented for consideration to the Common Council shall be reviewed by a standing committee of the Common Council. Recommendations for approval or rejection are to be indicated by the Committee at the time of consideration by the Common Council.

H.     Suspension of rules. These rules or any part thereof may be temporarily suspended in connection with any matter under consideration by a recorded vote of 2/3 of the Common Council members.

§ 3-7.  Election Inspectors.

A.     Five Election Inspectors shall be appointed by the Mayor for a two-year term.

B.      At all elections there shall be one polling place in the City of Gillett.

C.     At all elections there shall be one inspector for each ward, two ballot clerks and two clerks of election, with the exception that there shall be only three election workers any time there is only one ballot. Inspectors may work at different times during the election day.

D.     Such Election Inspectors shall have all the powers and perform all the duties prescribed for such officials by the laws and regulations of the State of Wisconsin.

E.      Such Election Inspectors shall be selected in the manner provided by law.

F.      Such Election Inspectors shall receive a wage set by the Finance and Personnel Committee and approved by the Common Council. All compensation will be processed through the City of Gillett payroll and will be paid by way of direct deposit into an account designated by said Election Inspector.

§ 3-8.  Fire Department.

A.     Volunteer Fire Department. The Fire Department of the City of Gillett shall be known as the "Gillett Volunteer Fire Department."

B.      Fire Chief. The Chief is elected by the firemen for a two-year term and confirmed by the Common Council.

C.     Duties of Chief. The Chief shall preside at all meetings of the Department. The Chief shall assume command at fires and direct the members as he sees fit. He shall report all cases of violation of the rules, regulations or orders of the Department to the Health, Protection and License Committee and may, for cause, suspend any member until the charges can be examined and acted on by the Common Council. He shall have the custody, subject to the direction of the Mayor, of all engines, hose wagons, trucks, ladders, and all other equipment of the Department.

D.     Assistant Chief. The Assistant Chief shall be elected by the Department and confirmed by the Common Council, and he shall assume the duties of the Chief in case of his absence.

E.      Adoption of bylaws. The Department may adopt by a two-thirds vote such bylaws, rules and regulations not inconsistent with this chapter as it may deem proper. The bylaws shall then go to the Health, Protection and License Committee for review and recommendation to the Common Council for approval.

§ 3-9.  Tax exemption report fee. [Amended 3-6-2006 by Ord. No. 2003-5]

Pursuant to § 70.337, Wis. Stats., each person who is required to file a tax exemption report under § 70.337, Wis. Stats., shall pay a fee set by the Common Council[3] to the City Clerk/Treasurer to defray the City's cost of distributing and reviewing the tax exemption report and for the Clerk/Treasurer preparing the necessary forms for the Department of Revenue.