62.11
62.11
Common council. 62.11(1)(1)
How constituted. The mayor and alderpersons shall be the common council. The mayor shall not be counted in determining whether a quorum is present at a meeting, but may vote in case of a tie. When the mayor does vote in case of a tie the mayor's vote shall be counted in determining whether a sufficient number of the council has voted favorably or unfavorably on any measure.
62.11(2)
(2) Time of meeting. The council shall meet at least once a month, and on the first Tuesday unless a different day be fixed by the council. More frequent regular meetings may be established by the council, and the mayor may call a special meeting by written notice delivered personally to each member or left at the member's usual abode at least 6 hours before the meeting. Following a regular city election the new council shall first meet on the 3rd Tuesday of April.
62.11(3)(a)(a) The 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.
62.11(3)(b)
(b) Two-thirds of the members shall be a quorum, except that in cities having not more than 5 alderpersons a majority shall be a quorum. A less number may compel the attendance of absent members and adjourn. A majority of all the members shall be necessary to a confirmation. In case of a tie the mayor shall have a casting vote as in other cases.
62.11(3)(c)
(c) Meetings shall be open to the public; and the council may punish by fine members or other persons present for disorderly behavior.
62.11(3)(d)
(d) The ayes and noes may be required by any member. On confirmation and on the adoption of any measure assessing or levying taxes, appropriating or disbursing money, or creating any liability or charge against the city or any fund thereof, the vote shall be by ayes and noes. All aye and nay votes shall be recorded in the journal.
62.11(3)(e)
(e) The council shall in all other respects determine the rules of its procedure.
62.11(3)(f)
(f) The style of all ordinances shall be: "The common council of the city of .... do ordain as follows".
62.11(4)(a)(a) Proceedings of the council shall be published in the newspaper designated under
s. 985.06 as a class 1 notice, under
ch. 985. The proceedings for the purpose of publication shall include the substance of every official action taken by the governing body. Except as provided in this subsection all ordinances shall be published as a class 1 notice, under
ch. 985, within 15 days of passage, and shall take effect on the day after its publication or at a later date if expressly prescribed.
62.11(4)(b)
(b) All ordinances passed by the governing body of any city of the second class between January 1, 1914, and January 1, 1924, which were or may have been required to be published before becoming effective, but which were not published, shall be valid to the same extent as if they had been published in the first instance, as required by law, providing said ordinances and all amendments thereto are printed in the official journal of any such body together with the record of the passage of the same; however, the provisions of this paragraph shall not be effective in any city unless the governing body thereof shall so elect by a vote of two-thirds of its members.
62.11(5)
(5) Powers. Except as elsewhere in the statutes specifically provided, the council shall have the management and control of the city property, finances, highways, navigable waters, and the public service, and shall have power to act for the government and good order of the city, for its commercial benefit, and for the health, safety, and welfare of the public, and may carry out its powers by license, regulation, suppression, borrowing of money, tax levy, appropriation, fine, imprisonment, confiscation, and other necessary or convenient means. The powers hereby conferred shall be in addition to all other grants, and shall be limited only by express language.
62.11 Cross-reference
Cross-reference: See s.
118.105 for control of traffic on school premises.
62.11 Annotation
See note to 66.30, citing Village of McFarland v. Town of Dunn, 82 W (2d) 469, 263 NW (2d) 167.
62.11 Annotation
See note to 144.025, citing Wis. Environmental Decade, Inc. v. DNR, 85 W (2d) 518, 271 NW (2d) 69 (1978).
62.11 Annotation
See note to 66.068, citing Schroeder v. City of Clintonville, 90 W (2d) 457, 280 NW (2d) 166 (1979).
62.11 Annotation
Sub. (5) authorized ordinance regulating massage parlors. City of Madison v. Schultz, 98 W (2d) 188, 295 NW (2d) 798 (Ct. App. 1980).
62.11 Annotation
Common council and mayor properly limited power of police and fire commission to promote police officers. State ex rel. Wilson v. Schocker, 142 W (2d) 179, 418 NW (2d) 8 (Ct. App. 1987).
62.11 Annotation
See note to Art. XI, s. 3, citing Local Union No. 487, 147 W (2d) 519, 433 NW (2d) 578 (1989).
62.11 Annotation
The power granted under sub. (5) is broader than that granted under Art. XI, s. 3. Sub. (5) does not limit a city's authority to act only in local affairs. A city may act in matters of state-wide concern if the conditions of the 4-part test stated in this case are met. DeRosso Landfill Co. v. City of Oak Creek, 191 W (2d) 46, 528 NW (2d) 468 (Ct. App. 1995).
62.11 Annotation
The state regulatory scheme for tobacco sales preempts municipalities from adopting regulations which are not in strict conformity with those of the state. U.S. Oil, Inc. v. City of Fond du Lac, 199 W (2d) 333, 544 NW (2d) 589 (Ct. App. 1995).
62.11 Annotation
A city probably can contract with a county to provide fire protection to a county institution located outside of boundaries of said city. 62 Atty. Gen. 84.
62.11 Annotation
State statutory enabling legislation is required to authorize enactment of typical rent control ordinances. 62 Atty. Gen. 276.
62.11 Annotation
See note to 144.025, citing 63 Atty. Gen. 260.
62.11 Annotation
Local units of government may not create and accumulate unappropriated surplus funds.
76 Atty. Gen. 77.
62.11 Annotation
Conflicts between state statute and local ordinance in Wisconsin. 1975 WLR 840.
62.115
62.115
Defense of officers by city attorney. 62.115(1)
(1) The common council of any city, however incorporated, may by ordinance or resolution authorize the city attorney to defend actions brought against any officer or employe of such city or of any board or commission thereof, growing out of any acts done in the course of employment, or out of any alleged breach of duty as such officer or employe, excepting actions brought to determine the right of such officer or employe to hold or retain that person's office or position, and excepting also actions brought by such city against any officer or employe thereof.
62.115(2)
(2) Nothing in this section contained, nor any action taken by any city or by any city attorney pursuant to the provisions of this section, shall be construed to impose any liability, either for costs, damages or otherwise, upon such city or city attorney.
62.115 History
History: 1991 a. 316.
62.12(1)(1)
Fiscal year. The calendar year shall be the fiscal year.
62.12(2)
(2) Budget. Annually on or before October 1, each officer or department shall file with the city clerk an itemized statement of disbursements made to carry out the powers and duties of the officer or department during the preceding fiscal year, a detailed statement of the receipts and disbursements on account of any special fund under the supervision of the officer or department during the year and of the condition and management of the fund and detailed estimates of the same matters for the current fiscal year and for the ensuing fiscal year.
62.12(3)
(3) Accounting. The city treasurer shall keep separate all special funds, and the city clerk shall keep a separate account with the general fund for each officer or department through which disbursements are made from the general fund to carry out the powers and duties of such officer or department. The council shall examine and adjust the accounts of the clerk, treasurer and all other officers or agents of the city after the same shall have been audited by the comptroller.
62.12(5)
(5) License moneys. Moneys received for licenses may be used for such purpose as the council shall direct in the absence of specific appropriation by law.
62.12(6)
(6) Funds; appropriations; debts. 62.12(6)(a)(a) Unless otherwise provided by law city funds shall be paid out only by authority of the council. Such payment shall be made in the manner provided by
s. 66.042.
62.12(6)(b)
(b) The council shall not appropriate nor the treasurer pay out:
62.12(6)(b)1.
1. Funds appropriated by law to a special purpose except for that purpose;
62.12(6)(b)2.
2. Funds for any purpose not authorized by the statutes; nor
62.12(6)(b)3.
3. Funds from any fund in excess of the moneys therein.
62.12(6)(c)
(c) No debt shall be contracted against the city nor evidence thereof given unless authorized by a majority vote of all the members of the council.
62.12(7)
(7) City depositories. The council shall designate the public depository or depositories within this state with which city funds shall be deposited, and when the money is deposited in such depository in the name of the city, the treasurer and bondsmen shall not be liable for such losses as are defined by
s. 34.01 (2). The interest arising therefrom shall be paid into the city treasury.
62.12(8)(a)(a) All claims and demands against the city shall be itemized and filed with the clerk, who shall deliver the same to the comptroller for examination. The comptroller shall within 30 days thereafter examine such claim or demand and return the same to the clerk with the comptroller's report thereon in writing, who shall place the same before the council for action at its next meeting.
62.12(8)(b)
(b) Payment of regular wages or salary pursuant to the budget and salary schedule adopted by the council may be by payroll, verified by the proper official, and filed in time for payment on the regular pay day.
62.12(9)
(9) Loans. The council may loan money to any school district located within the city, or within which the city is wholly or partially located, in such sums as are needed by such district to meet the immediate expenses of operating the schools thereof, and the board of the district may borrow money from such city accordingly and give its note therefor. No such loan shall be made to extend beyond August 30 next following the making thereof or in an amount exceeding one-half of the estimated receipts for such district as certified by the department of education and the local school clerk. The rate of interest on any such loan shall be determined by the city council.
Effective date note
NOTE: Sub. (9) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(9) Loans. The council may loan money to any school district located within the city, or within which the city is wholly or partially located, in such sums as are needed by such district to meet the immediate expenses of operating the schools thereof, and the board of the district may borrow money from such city accordingly and give its note therefor. No such loan shall be made to extend beyond August 30 next following the making thereof or in an amount exceeding one-half of the estimated receipts for such district as certified by the state superintendent of public instruction and the local school clerk. The rate of interest on any such loan shall be determined by the city council.
62.12 History
History: 1973 c. 90,
333;
1975 c. 39,
80,
180,
224,
353,
421;
1977 c. 113 ss.
3,
6;
1977 c. 142;
1977 c. 203 s.
101;
1977 c. 272,
418;
1979 c. 34;
1979 c. 175 s.
51;
1981 c. 20,
61,
93;
1983 a. 27;
1983 a. 189 s.
329 (17), (21);
1985 a. 29,
225;
1991 a. 316;
1995 a. 27,
225.
62.12 Annotation
Cross-references: For action upon claims, see ss. 62.25 and 893.80.
62.12 Annotation
For an alternative system of approving claims, see s. 66.044.
62.12 Annotation
See note to Art. XI, sec. 3, citing 63 Atty. Gen. 465.
62.13
62.13
Police and fire departments. 62.13(1)
(1)
Commissioners. Except as provided in
sub. (2m), each city shall have a board of police and fire commissioners consisting of 5 citizens, 3 of whom shall constitute a quorum. The mayor shall annually, between the last Monday of April and the first Monday of May, appoint in writing to be filed with the secretary of the board, one member for a term of 5 years. No appointment shall be made which will result in more than 3 members of the board belonging to the same political party. The board shall keep a record of its proceedings.
62.13(2)(a)(a) Except as provided under
sub. (6m),
subs. (1) to
(6) shall not apply to cities of less than 4,000 population except by ordinance adopted by a majority of all the members of the council. A repealing ordinance may be adopted by a like vote.
62.13(2)(b)
(b) A city that creates a joint police or fire department with a village under
s. 61.65 is not required to create a separate board of police and fire commissioners under this section. The city shall create a joint board of commissioners to govern the joint department, as required in
s. 61.65. If the city also creates one separate protective services department in addition to the joint protective services department, the city shall create a separate board of commissioners to govern that department. A city's joint board of commissioners is subject to
s. 61.65 (3g) (d). A city's separate board of commissioners is subject to this section.
62.13(2m)
(2m) Joint departments, contract services. 62.13(2m)(a)(a) A city may create a joint police department or a joint fire department, or both, with another city.
62.13(2m)(b)
(b) A city that creates a joint police department or a joint fire department, or both, with another city under
par. (a) is not required to create a separate board of police and fire commissioners under this section. The cities shall create a joint board of commissioners to govern the joint department. If only one joint department is created, each city shall retain its existing board of police and fire commissioners to govern the separate department. The cities may jointly determine the number of commissioners to be appointed to the joint board by each city and the length of the commissioners' terms. A majority of the commissioners is a quorum. A joint board of commissioners that is created under this paragraph to govern a joint police department is subject to the provisions of
subs. (3) to
(7n), a joint board of commissioners that is created under this paragraph to govern a joint fire department is subject to the provisions of
subs. (8) to
(12) and a joint board of commissioners that is created under this paragraph to govern a joint police and fire department is subject to the provisions of
subs. (2) to
(12).
62.13(3)
(3) Chiefs. The board shall appoint the chief of police and the chief of the fire department, who shall hold their offices during good behavior, subject to suspension or removal by the board for cause.
62.13(4)(a)(a) The chiefs shall appoint subordinates subject to approval by the board. Such appointments shall be made by promotion when this can be done with advantage, otherwise from an eligible list provided by examination and approval by the board and kept on file with the clerk.
62.13(4)(b)
(b) Any person who, on June 23, 1943 has served and acted as a full-time city police patrolman, patrolwoman or police officer performing the services by virtue of regular assignment therefor under the orders and supervision of the chief of police of said city, and receiving his or her salary on the regular official payroll of said police department for a continuous period of more than 10 years, although not regularly appointed from an eligible list, is deemed to have been regularly appointed, as of the time of the commencement of his or her service.
62.13(4)(c)
(c) For the choosing of such list the board shall adopt, and may repeal or modify, rules calculated to secure the best service in the departments. These rules shall provide for examination of physical and educational qualifications and experience, and may provide such competitive examinations as the board shall determine, and for the classification of positions with special examination for each class. The board shall print and distribute the rules and all changes in them, at city expense.
62.13(4)(d)
(d) The examination shall be free for all U.S. citizens over 18 and under 55 years of age, with proper limitations as to residence, health and, subject to
ss. 111.321,
111.322 and
111.335, arrest and conviction record. The examination, including minimum training and experience requirements, shall be job-related in compliance with appropriate validation standards and shall be subject to the approval of the board and may include tests of manual skill and physical strength. All relevant experience, whether paid or unpaid, shall satisfy experience requirements. The board shall control examinations and may designate and change examiners, who may or may not be otherwise in the official service of the city, and whose compensation shall be fixed by the board and paid by the city. Veterans and their spouses shall be given preference points in accordance with
s. 230.16 (7).
62.13(4)(e)
(e) The council of any city of the 2nd, 3rd or 4th class may provide that members of the police force shall be of both sexes. The fire and police commission shall select each police officer from an eligible list.
62.13(5)
(5) Disciplinary actions against subordinates. 62.13(5)(a)(a) A subordinate may be suspended as hereinafter provided as a penalty. The subordinate may also be suspended by the commission pending the disposition of charges filed against the subordinate.
62.13(5)(b)
(b) Charges may be filed against a subordinate by the chief, by a member of the board, by the board as a body, or by any aggrieved person. Such charges shall be in writing and shall be filed with the president of the board. Pending disposition of such charges, the board or chief may suspend such subordinate.
62.13(5)(c)
(c) A subordinate may be suspended for just cause, as described in
par. (em), by the chief or the board as a penalty. The chief shall file a report of such suspension with the commission immediately upon issuing the suspension. No hearing on such suspension shall be held unless requested by the suspended subordinate. If the subordinate suspended by the chief requests a hearing before the board, the chief shall be required to file charges with the board upon which such suspension was based.
62.13(5)(d)
(d) Following the filing of charges in any case, a copy thereof shall be served upon the person charged. The board shall set date for hearing not less than 10 days nor more than 30 days following service of charges. The hearing on the charges shall be public, and both the accused and the complainant may be represented by an attorney and may compel the attendance of witnesses by subpoenas which shall be issued by the president of the board on request and be served as are subpoenas under
ch. 885.
62.13(5)(e)
(e) If the board determines that the charges are not sustained, the accused, if suspended, shall be immediately reinstated and all lost pay restored. If the board determines that the charges are sustained, the accused, by order of the board, may be suspended or reduced in rank, or suspended and reduced in rank, or removed, as the good of the service may require.
62.13(5)(em)
(em) No subordinate may be suspended, reduced in rank, suspended and reduced in rank, or removed by the board under
par. (e), based on charges filed by the board, members of the board, an aggrieved person or the chief under
par. (b), unless the board determines whether there is just cause, as described in this paragraph, to sustain the charges. In making its determination, the board shall apply the following standards, to the extent applicable:
62.13(5)(em)1.
1. Whether the subordinate could reasonably be expected to have had knowledge of the probable consequences of the alleged conduct.
62.13(5)(em)2.
2. Whether the rule or order that the subordinate allegedly violated is reasonable.
62.13(5)(em)3.
3. Whether the chief, before filing the charge against the subordinate, made a reasonable effort to discover whether the subordinate did in fact violate a rule or order.
62.13(5)(em)4.
4. Whether the effort described under
subd. 3. was fair and objective.
62.13(5)(em)5.
5. Whether the chief discovered substantial evidence that the subordinate violated the rule or order as described in the charges filed against the subordinate.
62.13(5)(em)6.
6. Whether the chief is applying the rule or order fairly and without discrimination against the subordinate.
62.13(5)(em)7.
7. Whether the proposed discipline reasonably relates to the seriousness of the alleged violation and to the subordinate's record of service with the chief's department.
62.13(5)(f)
(f) Findings and determinations hereunder and orders of suspension, reduction, suspension and reduction, or removal, shall be in writing and, if they follow a hearing, shall be filed within 3 days thereof with the secretary of the board.
62.13(5)(g)
(g) Further rules for the administration of this subsection may be made by the board.
62.13(5)(h)
(h) No person shall be deprived of compensation while suspended pending disposition of charges.
62.13(5)(i)
(i) Any person suspended, reduced, suspended and reduced, or removed by the board may appeal from the order of the board to the circuit court by serving written notice of the appeal on the secretary of the board within 10 days after the order is filed. Within 5 days after receiving written notice of the appeal, the board shall certify to the clerk of the circuit court the record of the proceedings, including all documents, testimony and minutes. The action shall then be at issue and shall have precedence over any other cause of a different nature pending in the court, which shall always be open to the trial thereof. The court shall upon application of the accused or of the board fix a date of trial, which shall not be later than 15 days after such application except by agreement. The trial shall be by the court and upon the return of the board, except that the court may require further return or the taking and return of further evidence by the board. The question to be determined by the court shall be: Upon the evidence is there just cause, as described under
par. (em), to sustain the charges against the accused? No costs shall be allowed either party and the clerk's fees shall be paid by the city. If the order of the board is reversed, the accused shall be forthwith reinstated and entitled to pay as though in continuous service. If the order of the board is sustained it shall be final and conclusive.
