#3 Introduce charter ordinance amending committee appointment provisions (File Charter Ord. #2009-007)
CITY MANAGER’S OFFICE MEMORANDUM
March 2, 2009
TO: City Council
FROM:Eric Levitt, City Manager
Rebecca Smith, Management Assistant
SUBJECT: Introduction and schedule a public hearing on a proposed charter
ordinance amending the appointment provisions of the Plan Commission,
Board of Review, Library Board, and Zoning Board of Appeals and
creating a charter ordinance for the Community Development Authority to
require appointments to be made by the Common Council following
consultation with the Citizens Advisory Committee on Appointments in
amended Sections 2.20.010, 2.24.010, 2.28.010, 2.58.020, and newly
created Chapter 2.26. (Charter Ord. 2009-007)
Request
The Council asked the Administration to prepare materials changing the appointment
authority for citizen members of the Plan Commission, Board of Review, Library Board,
Zoning Board of Appeals and Community Development Authority from the City Manager
to the City Council following consultation with the Citizens Advisory Committee on
Appointments. This memo will outline Janesville’s current appointment authority, detail
the steps necessary to change the appointment authority and provide a
recommendation.
Summary
The Council may change the appointment authority for citizen members of the Plan
Commission, Board of Review, Library Board, Zoning Board of Appeals and Community
Development Authority from the City Manager to the City Council following consultation
with the Citizens Advisory Committee on Appointments. Charter Ordinance 2009-007 is
attached and reflects the appointment authority changes. The Administration
recommends the adoption of this charter ordinance.
Background
Janesville has 14 standing committees that include citizens. Of those, 8 (57.1%) have
citizen members appointed by the Council President and confirmed by the Council. Four
(28.6%) have citizen members appointed by the City Manager and confirmed by the
Council. Two (14.3%) are appointed by the City Manager with no confirmation needed
by the City Council. There are currently no committees that are appointed by the City
Council. Table 1 details how citizens are currently appointed to each of the committees.
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Table 1: How Citizen Appointments are Made Currently
Council President
Appoints, Council City Manager Appoints, City Manager
ConfirmsCouncil ConfirmsAppoints
Committee
1ALACX
2Appointment CommitteeX
3Board of ReviewX
4CableX
5CDAX
6Golf AdvisoryX
7Historic CommissionX
8Leisure AdvisoryX
9LibraryX
10Plan CommissionX
11X
Police & Fire Commission
12Sustainable JanesvilleX
13TransportationX
14ZBAX
Total842
Percentage of Total57.1%28.6%14.3%
How citizens are appointed to committees is determined through a Council Policy
Statement, a General or Charter ordinance (described in Attachment 1) or by a state
statute requirement. Table 2 details how committee appointments are determined.
Table 2: How Committee Appointments are Determined Currently
How is the Committee Appointment
Committee
Determined?
1ALAC
Council Policy #66-A
2
Appointment CommitteeCouncil Policy #82
3Board of Review
Charter Ordinance Chapter 2.20
4Cable
Council Policy #72
5CDA
State statute 66.1335
6Golf Advisory
Council Policy #41
7Historic Commission
City Ordinance Chapter 18.36.070
8Leisure Advisory
Council Policy #49
9Library
State statute 43.54
10Plan Commission
Charter Ordinance Chapter 2.48.020
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State statute 62.13
Police & Fire Commission
12Sustainable Janesville
Council Policy #81
13Transportation
Council Policy #43
14ZBA
State statute 62.23 (7)
The City Council may change the appointment process for all of Janesville’s standing
boards, committees and commissions, except the Police and Fire Commission.
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Committees Governed by Charter Ordinances
The Board of Review and the Plan Commission are governed by charter ordinances and
currently have the City Manager appointing the citizen members. To change the
appointment authority for citizen members of these committees to the City Council
following consultation with the Citizens Advisory Committee on Appointments, a charter
ordinance update is required. Please find attached Charter Ordinance 2009-007 which
reflects the appointment authority changes for the Board of Review and the Plan
Commission.
Committees Governed by State Statutes
The Community Development Authority, Library Board of Trustees and the Zoning Board
of Appeals are currently governed by state statutes. To change the appointment authority
for citizen members of these committees to the City Council following consultation with
the Citizens Advisory Committee on Appointments, a new charter ordinance is required.
Please find attached Charter Ordinance 2009-007 which reflects the appointment
authority changes for the Community Development Authority, Library Board of Trustees
and the Zoning Board of Appeals.
Police and Fire Commission
Appointments to the Police and Fire Commission (PFC) are controlled by several statutes
and, in Janesville, are restricted to the City Manager. Specifically, Wisconsin Statutes
62.13(1) requires that each city have a board of police and fire commissioners and that
the mayor annually make appointments. Chapter 62 of the Wisconsin Statutes goes on to
indicate that section 62.13 “shall be construed as an enactment of statewide concern for
the purpose of providing uniform regulation of police and fire departments” (Wis. Stats.
62.13(12). In matters of “statewide concern” the courts have held that local governments
are prevented from altering the statutory requirements. Therefore, according to statute,
appointments to the PFC must be made by the mayor.
Janesville does not have a mayor and is organized under the Council-Manager form of
government as provided in Chapter 64 of the Wisconsin Statutes. Chapter 64.11 of the
Statutes describes the powers of the City Manager. This section indicates the City
Manager “shall be the chief executive officer of the city and head of the city administration
and shall possess and exercise all the executive and general administrative powers
imposed and conferred by general law or special charter upon the mayor and common
council and upon various boards, commissions and officers and in force in such city at the
time of its reorganization under ss.64.01 to 64.15, and such additional powers as are
herein imposed and conferred.” The power to appoint members to boards and
commissions is an exercise of executive power; therefore, under the Council-Manager
form of government those appointment powers conferred on the mayor by statute are
delegated to the City Manager.
Even though the authority of the City Manager to appoint members to the PFC cannot be
changed, I am willing to take into consideration recommendations from the Citizen
Advisory Committee on Appointments before making appointments. At the March 23,
2009, meeting of the City Council staff will bring forward changes to the council policy
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which established this committee authorizing them to review applications and make
recommendations to the City Manager for the Police and Fire Commission.
Analysis
Janesville’s council-manager form of government was enacted by the citizens of
Janesville through a referendum in 1923. One of the responsibilities of the City Manager
under the City of Janesville’s charter ordinance and Council policies is to appoint
committee members.
Pros & Cons for the City Council Making Committee Appointments
Pros
1. Having the Council appoint committee members provides the Council the ability to
obtain a diverse representation of the community.
2. The new appointment process assists the Council in appointing individuals who are
attempting to move policies in a similar direction to the City Council.
Cons
1. The new appointment process brings a new challenge to the Council and the City
Management. The challenge is how to maintain a positive line of communications
between the Council and the committee and how to coordinate the work programs of
the staff and the committee. The challenge needs to be met through proper
communication and coordination of work between the City Manager and key staff with
the City Council.
Proposed Appointment Timeline
Table 3 outlines the proposed timeline for citizen appointments. This table takes into
consideration the recently adopted Citizen Advisory Committee on Appointments. At their
September 8 meeting, the Council indicated their preference for the outgoing Council
President to make the appointments. This timeline has been updated to reflect that
committee appointments will be made at the first Council meeting in April, which is the
last meeting for the outgoing Council President. This table also reflects the addition of
City Council appointments for Plan Commission, Board of Review, Library Board, ZBA
and CDA.
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Table 3: Annual Timeline for Citizen Appointments
MonthActivity
Committee, Commission & Board vacancies publicized
Late January
Late January - mid Residents interested in serving on a committee complete an
Februaryapplication form
Citizen Advisory Committee on Appointments meets to review
applications & choose volunteers for recommendation to Council
Late February, early President or entire Council. Alternates would also be chosen in case
Marcha volunteer declines or there is a resignation throughout the year.
Committee's recommendations shared with Council President or
entire Council
Mid March
Council President appointments brought forward for Council
First
Council Meeting in
confirmation & Council's appointments brought forward for
Aprilappointment
Other times throughout Committee meets to choose volunteers for recommendationt on an
the year if neededas needed basis
Recommendation
While I understand that the change proposed by the Council is a change for the city
government in Janesville, I believe it is consistent with many other cities that have
Council-Manager form of government. I recommend this change, or an amended version
of this change, and believe it can be managed positively through proper coordination.
I am fine with the timeline for this year, but recommend that the appointment timeline
going into the future may want to be reviewed.
The Administration recommends the City Council adopt Charter Ordinance No. 2009-007
to amend the appointment provisions of the Plan Commission, Board of Review, Library
Board of Trustees, and Zoning Board of Appeals and creating a charter ordinance for the
Community Development Authority to require appointments be made by the City Council
following consultation with the Citizens Advisory Committee on Appointments in amended
Sections 2.20.010, 2.24.010, 2.28.010, 2.58.020, and newly created Chapter 2.26.
Suggested Motion:
I move to adopt Charter Ordinance 2009-007.
Attachment 1: What is a charter ordinance?
Every city has a charter that establishes the form and substance of the City’s structure
and operation. To make changes to the charter, the Council must pass a charter
ordinance. Janesville’s charter details how citizens are appointed to the Board of
Review and the Plan Commission. A charter ordinance is also used to make the
appointment authority changes to the Community Development Authority, Library Board
of Trustees and the Zoning Board of Appeals.
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Charter ordinances are more involved than typical “general ordinances”.
?
Amending a Charter Ordinance requires a two-thirds vote, or 5 affirmative votes, of
the Common Council, instead of a simple majority (4 votes).
?
A Charter Ordinance does not take effect until 60 days after its passage and
publication. If citizens oppose the Charter Ordinance, they may use this 60 day
time period to gather the appropriate signatures to require a referendum on the
Charter Ordinance. Having this 60 day waiting period in place also means the
Board of Review, Community Development Authority, Library Board of Trustees,
Plan Commission and the Zoning Board of Appeals website pages will not be
updated until after the waiting period has passed.
CC: Jacob J. Winzenz, Director of Administrative Services
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