#4 Council Appt Charter Ord Memo
CITY MANAGER’S OFFICE MEMORANDUM
June 9, 2009
TO: City Council
FROM:Eric Levitt, City Manager
Rebecca Smith, Management Assistant
SUBJECT: Second reading, public hearing, and action 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.
At their March 9 meeting, the Council asked staff to postpone the introduction of this
charter ordinance until May 11, 2009. At the May 11 meeting, Councilmember Brunner
said he would sponsor this item along with Councilmember McDonald. 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 has no
recommendation on the adoption of this charter ordinance.
Recommendation
Staff has no recommendation.
City Manager Recommendation
No recommendation.
Suggested Motion:
I move to adopt Charter Ordinance 2009-007.
1
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.
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.
2
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
11
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.
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
3
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.
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 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
4
September 8, 2008 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.
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
Late February, early applications & choose volunteers for recommendation to Council
MarchPresident or entire Council.
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
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.
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, Assistant City Manager/Director of Administrative Services
5
CHARTER ORDINANCE NO. 2009 – 007
A 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.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE HEREBY FIND AS FOLLOWS:
WHEREAS, according to Section 66.0101, in particular Sections 66.0101(1),(1m),(2),(3),
and (5) of the Wisconsin Statutes, a charter ordinance may change the legislative activities of
the City of Janesville and may amend a previous charter or charter ordinance; and
WHEREAS, Section 64.11 provides that 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 the various boards, commissions and
officers; and
WHEREAS, Section 64.105 of the Wisconsin Statutes provides that the Common Council
in a city which has determined by referendum to operate under the city manager form of
government may by charter ordinance allocate powers to the council, president of the council
and City Manager in a manner other than provided by Chapter 64 of the Wisconsin Statutes;
and
WHEREAS, the appointment of members to the Plan Commission (62.23(1)), Board of
Review (70.46), Community Development Authority (66.1335(2)), Library Board of Trustees
(43.54), and Zoning Board of Appeals (62.23(7)(e)(2)) are governed by various Wisconsin State
Statutes; and
WHEREAS, Section 2.20.010 of the Code of General Ordinances of the City of Janesville
currently provides that the City Manager shall appoint the members to the Board of Review; and
WHEREAS, Section 2.48.020 of the Code of General Ordinances of the City of Janesville
currently provides as a Charter Ordinance that the City Manager shall appoint the non-Council
members to the Plan Commission; and
WHEREAS, the Common Council of the City of Janesville now desire to require the
Common Council to appoint the non-Council members to the Plan Commission, Board of
Review, Community Development Authority, Library Board, and Zoning Board of Appeals
following consultation from the Citizens Advisory Committee on Appointments; and
WHEREAS, pursuant to Sections 64.105, 62.23(1), 70.46, 66.1335(2), 43.54,
62.23(7)(e)(2) and other applicable provisions of the Wisconsin Statutes, the Common Council
of the City of Janesville is empowered to make such a change to the appointment of members
to the Janesville Plan Commission, Board of Review, Community Development Authority,
Library Board, and Zoning Board of Appeals by charter ordinance.
NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF JANESVILLE HEREBY DO
ORDAIN AS FOLLOWS:
SECTION I.
Section 2.20.010of the Code of General Ordinances of the City of
Janesville is hereby amended to read as follows:
2.20.010 Charter Ordinance - Membership--Appointment--Council approval--Term of
office
.
2.20.010 Charter Ordinance - Membership--Appointment--Council approval--Term of
office
.
A.
In order to create a more objective and unbiased Bboard of Rreview that will be
able to examine objections to valuations with impartiality, the Bboard of Rreview shall consist of
five residents of the city, none of whom shall occupy any public office or be publicly employed.
B.
The members of the Bboard of Rreview shall be appointed by the city manager
with the approval of the Ccommon Ccouncil and shall hold office as members of the Bboard of
Rreview for a single term of five years and until their successor(s) are appointed and qualified.
There shall be an exception to the provisions of this section for any appointee who is, by virtue
of his/her unique knowledge or critical capacity within an unfinished project, considered by the
city manager Common Council to be indispensable at the time of his term expiration. He/she
may then be appointed for an additional term. The Council shall take into consideration the
recommendations of the Citizen Advisory Committee on Appointments when making
appointments to the Board of Review. Pursuant to Section 66.0101 of the Wisconsin Statutes
concerning charter ordinances, this charter ordinance shall apply regardless of any other
ordinance(s) or Wisconsin State statute(s) to the contrary which shall cease to be in effect in
Janesville, pursuant hereto, Section 66.0101(4), and other applicable provisions of the
Wisconsin Statutes.
C
. The members of the Bboard of Rreview shall serve without salary. (Ord. 87-519 s.
3, 1987).
D
. Alternate members of the Bboard of Rreview may be appointed from time to time
and at any time by the city manager with approval of the Ccommon Ccouncil. The city manager
Common Council shall decide the number of alternate members to appoint from time to time.
Each alternate member shall be a resident of the city, shall not occupy any other public office,
shall not be publicly employed, and shall hold office as an alternate for a single term of five
years until his/her time expires or he/she resigns. Additional term(s) as an alternate shall be as
set forth above. Each alternate so appointed shall be designated by seniority. In the event that
a standing member of the board of review is removed or unable to serve for any reason, the
alternate with the most seniority shall serve in his/her stead. The Council shall take into
consideration the recommendations of the Citizen Advisory Committee on Appointments when
making appointments of alternate members to the Board of Review. Pursuant to Section
66.0101 of the Wisconsin Statutes concerning charter ordinances, this charter ordinance shall
apply regardless of any other ordinance(s) or Wisconsin State statute(s) to the contrary which
shall cease to be in effect in Janesville, pursuant hereto, Section 66.0101(4), and other
applicable provisions of the Wisconsin Statutes.
SECTION II
. Section 2.24.010 of the Code of General Ordinances is hereby amended to
read as follows:
Chapter 2.24
LIBRARY BOARD*
Sections:
2.24.010 Charter Ordinance – Powers – Duties Created.
2.24.010 Charter Ordinance – Powers – Duties Created.
The Llibrary Bboard is
created by statute, especially Section 43.26 of the Wisconsin Revised Statutes, and exists by
virtue of the statutes, and not by reason of any ordinance. The members of the Library Board
shall be appointed by the Common Council. The Council shall take into consideration the
recommendations of the Citizen Advisory Committee on Appointments when making
appointments to the Library Board. Pursuant to Section 66.0101 of the Wisconsin Statutes
concerning charter ordinances, this charter ordinance shall apply regardless of any other
ordinance(s) or Wisconsin State statute(s) to the contrary which shall cease to be in effect in
Janesville, pursuant hereto, Section 66.0101(4), and other applicable provisions of the
Wisconsin Statutes.
SECTION III.
The contents page of Title 2 of the Code of General Ordinances of
the City of Janesville is hereby amended to read as follows:
Title 2
ADMINISTRATION AND PERSONNEL*
Chapters:
2.04 City Council Meetings
2.08 City Officers--Duties
2.12 Compensation for City Officers and Employees
2.16 Health Department
2.20 Board of Review
2.24 Library Board
2.26 Community Development Authority
2.28 Zoning Board of Appeals
2.32 Committee of Public Works
2.36 Fire Department
2.40 Police Department
2.44 Fire and Police Commission
2.48 Plan Commission
2.52 Civil Defense
2.56 Public Works Contracts
2.58 Maintenance of and Access to City Records
2.60 Destruction of Public Records
SECTION IV.
Chapter 2.26 of the Code of General Ordinances of the City of
Janesville is hereby created to read as follows:
Chapter 2.26
COMMUNITY DEVELOPMENT AUTHORITY
Sections:
2.26.010 Charter Ordinance - Powers--Duties.
2.26.010 Charter Ordinance - Powers--Duties
. The Community Development
Authority has the same powers and duties as shown in Section 66.1335 of the Wisconsin
Statutes. The commissioners of the Community Development Authority shall be appointed by
the Common Council. The Council shall take into consideration the recommendations of the
Citizen Advisory Committee on Appointments when making appointments of Community
Development Authority commissioners. Pursuant to Section 66.0101 of the Wisconsin Statutes
concerning charter ordinances, this charter ordinance shall apply regardless of any other
ordinance(s) or Wisconsin State statute(s) to the contrary which shall cease to be in effect in
Janesville, pursuant hereto, Section 66.0101(4), and other applicable provisions of the
Wisconsin Statutes.
SECTION V.
Section 2.28.010 of the Code of General Ordinances is hereby
amended to read as follows:
Chapter 2.28
ZONING BOARD OF APPEALS
Sections:
2.28.010 Charter Ordinance - Powers--Duties.
2.28.010 Charter Ordinance - Powers--Duties
. The Zzoning Bboard of Aappeals
has the same powers and duties as shown in Section 62.23(7) (e) of the Wisconsin Statutes as
from time to time amended or renumbered. The members of the Zoning Board of Appeals shall
be appointed by the Common Council. The Council shall take into consideration the
recommendations of the Citizen Advisory Committee on Appointments when making
appointments to the Zoning Board of Appeals. Pursuant to Section 66.0101 of the Wisconsin
Statutes concerning charter ordinances, this charter ordinance shall apply regardless of any
other ordinance(s) or Wisconsin State statute(s) to the contrary which shall cease to be in effect
in Janesville, pursuant hereto, Section 66.0101(4), and other applicable provisions of the
Wisconsin Statutes.
SECTION VI.
Section 2.48.020 of the Code of General Ordinances is hereby
amended to read as follows:
2.48.020 Charter Ordinance – Plan Commission Membership and Appointments
“
– Council Confirmation
. The City Plan Commission shall consist of two members of the
Common Council and five city citizen members. The members of the Plan Commission shall
select their own presiding officer, from time to time. The Council Members on the Plan
Commission shall be appointed by the Council President, subject to confirmation by the
Common Council, in accord with Janesville Charter Ordinance No. 80-A adopting Charter
Ordinance Section 2.04.150. The City Manager Common Council shall continue to appoint the
non-Ccouncil Mmembers to the Plan Commission., which appointments shall remain not subject
to Ccouncil approval. The Council shall take into consideration the recommendations of the
Citizen Advisory Committee on Appointments when making appointments of non-council
members to the Plan Commission. Pursuant to Section 66.0101 of the Wisconsin Statutes
concerning charter ordinances, this charter ordinance shall apply regardless of any other
ordinance(s) or Wisconsin State statute(s) to the contrary which shall cease to be in effect in
Janesville, pursuant hereto, and Section 66.0101(4), and other applicable provisions of the
Wisconsin Statutes.
SECTION VII
. This Charter Ordinance, pursuant to Section 66.0101(5) of the
Wisconsin Statutes, shall take effect sixty (60) days after its passage and publication as a Class
1 notice, under Ch. 985 and Section 66.0101(3) of the Wisconsin Statutes.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
Loasching
Eric Levitt, City Manager
McDonald
Rashkin
ATTEST:
Steeber
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
Assistant City Attorney
Proposed by: McDonald and Brunner
Prepared by: Assistant City Attorney