#5 Public hearing and action to repeal "ward supervisors" concerning members-elect of Rock County Board from ordinance (File Ord. #2011-483)
CITY ATTORNEY’S OFFICE MEMORANDUM
July 5, 2011
TO: Common Council
FROM: Wald Klimczyk, City Attorney
SUBJECT: Second Reading, public hearing and action on a proposed ordinance
repealing the current “ward supervisors” ordinance 2.08.080 concerning
members-elect of the Rock County Board. (File Ordinance 2011-483)
Summary
This is the second reading and a public hearing of a proposed ordinance repealing
Janesville Ordinance 2.08.080 concerning the meaning and application of the term
“Ward Supervisors”.
Background
Questions have come up over time of what the purpose of the “ward supervisors”
definition is in the City of Janesville ordinances. The City Attorney has done research
which includes the timing of the ordinance and what staff believes to be the intent of the
ordinance.
Based upon the research on the timing of the redistricting, attached is proposed File
Ordinance 2011-483 repealing current Ordinance 2.08.080.
City Manager Recommendation
This ordinance meets the current structure as shown in the history of the “Ward
Supervisors” language.
Discussion
This version of proposed File Ordinance No. 2011-483 repeals JGO 2.08.080 in its
entirety.
The earlier version proposed to amend the current ordinance concerning “Ward
Supervisors” to make it clearer that it applies exclusively to representative members-
elect to the Rock County Board of Supervisors. Either approach is recommended.
Either way, the terms of office and number of supervisors from supervisory districts in
Rock County are matters exclusively under the control of the County Board. The City of
Janesville has no say in that. That’s by statute. County Supervisors are governed by
Chapter 59 of the Wisconsin Statutes. The specific statute subsections pertaining to
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County supervisors are set forth in the endnotes below.
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There is no reference to a “supervisor” or “ward supervisor” in the Wisconsin statutes
that apply to Wisconsin cities, e.g. those contained in Chapters 62, 66, and especially
no in Chapter 64 that governs Council-Manager local government in Wisconsin.
Furthermore, Janesville’s Charter and related ordinances show council members as
being elected at-large – not from wards.
A footnote appearing on Page 2-7 of the Code of General Ordinances concerning JGO
2.08.080 references Wis. Stats., sub Secs. 62.09(1), (4), (5) and (7). Yet, none of those
subsections addresses this term and none establish “ward supervisors” in any manner
as Janesville’s governing body. The Page 2-7 footnote reference in the current
ordinance book is to the 1973 statutes. That infers that current JGO 2.08.080 was
adopted or amended in 1973, or thereabouts. At least the footnote reference was
added at that time.
Historical Background:
Before Janesville became a Council-Manager form of local government by referendum
charter ordinance in April of 1923 during the management of Henry Traxler, the
Wisconsin Legislature in 1853 enacted Chapter 93, Chapter I, Section 1.,(see
Attachment A) creating the City of Janesville as a Wisconsin city with the general
powers of a Wisconsin city customary for that time. The original territory for Janesville
was as set forth in Section 2 of that law. (see Attachment A.)
Section 15 of that law reads as follows:
“Sec. 15. The aldermen in each ward elected for two years shall be in the order
of their election members of the county board of Supervisors, with all the rights,
duties, and liabilities of the chairman of the board of Supervisors of the several
towns.” (see Attachment A, pg. 2.)
At one time, therefore, Janesville city council members also served as supervisors on
the Rock County Board of Supervisors. The legislative note appearing to the right of
Section 15 of that state law confirms this dual role at that time: “Aldermen members of
Board of Supervisors.”
This was changed when the voters of Janesville adopted the council-manager form of
government charter ordinance in 1923. That is mostly now codified in Chapter 64 of the
Wisconsin statutes. No longer do city council members also serve as supervisors on the
Rock County Board of Supervisors. There is no provision for that either in Janesville’s
council-manager government charter ordinance or in Wis. Stats. Chapter 64,
There have also been numerous changes to Chapter 59 of the Wisconsin statutes
governing Wisconsin counties and the composition, membership, and representational
districts of county boards. City ordinance does not control any of those areas any
longer. For some reason, JGO 2.08.080 – under different numbering over time --
remained in some form in the City’s Code of Ordinances. No one got around to
repealing it previously.
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Conclusion
:
Common sense also precludes what in essence would be simultaneous two governing
bodies for the City of Janesville – the current seven member common council elected at
large, established under Wis. Stats. Sec. 64.07; and a separate concurrent 64 member
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ward supervisors governing body if an erroneous interpretation were applied.
Accurate reading of current JGO 2.08.080 in context with the legislative section’s history
precludes the erroneous legal construction, interpretation, and application of JGO
2.08.080. This ordinance does not mean or intend including 64 “ward supervisors” as
Janesville’s governing body, let alone 64 “ward supervisors” plus a separate and distinct
seven member common council elected at large under Wis. Stats. Ch. 64.
Adopting the proposed ordinance repealing current JGO 2.08.080 would eliminate the
interpretive, construction, and application errors from future occurrence.
Jt
Attachment
CC: Eric J. Levitt, City Manager
Jacob J. Winzenz, Dir. of Admin. Services/Asst. City Mgr.
J:\Attorney\Word\Shared\Ward Supervisor Ord REPEAL ONLY Wald Cover Memo 062711.doc
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2.08.080 Ward supervisor--Term of office
“. The term of office of supervisor from each ward in
the city shall be two years.”
The statute closest in language to the City ordinance concerns county board of supervisors:
“59.10(1)(b)
(b) Terms. The term of office of supervisors is 2 years.”
In a footnote on page 2-7 of the Code of Ordinances:
“… For further provisions concerning ward supervisors, see Wis. Stat. 1973, s. 62.09(1), (4), (5) and (7)...”
62.09(1), (4), (5) and (7) do not speak about “ward supervisor.”
“Supervisor” is a term that refers to the representative serving on a county board of supervisors.
The term “supervisor” only appears in relation to a member-elect of a county board of supervisors.
A county board of supervisors is the governing body of a county in Wisconsin.
59.001(1)
(1)
"Board" means the county board of supervisors.
59.001(2m)
3
(2m)
"Members-elect" means those members of the governing body of a county, city, village or town, at a
particular time, who have been duly elected or appointed for a current regular or unexpired term and
whose service has not terminated by death, resignation or removal from office.
59.02(1)
(1)
The powers of a county as a body corporate can only be exercised by the board, or in pursuance of a
resolution adopted or ordinance enacted by the board.
59.02(2)
(2)
Ordinances may be enacted and resolutions may be adopted by a majority vote of a quorum or by
such larger vote as may be required by law. Ordinances shall commence as follows: "The county board of
supervisors of the county of .... does ordain as follows".
59.02(3)
(3)
A majority of the supervisors who are entitled to a seat on the board shall constitute a quorum. All
questions shall be determined by a majority of the supervisors who are present unless otherwise
provided.
59.10(1)(a)
(a) Number of supervisors and apportionment of supervisory districts. In each county with a population of
at least 500,000, sub. (2) (a) and (b) applies. In counties with a population of less than 500,000 and more
than one town, sub. (3) (a) to (c) applies. In counties with one town only, sub. (5) applies.
59.10(1)(b)
(b) Terms. The term of office of supervisors is 2 years. A board may determine whether the terms shall be
concurrent or staggered. Supervisors shall be elected at the election to be held on the first Tuesday in
April next preceding the expiration of their respective terms and shall take office on the 3rd Tuesday in
April following their election. If the board determines that supervisors shall serve staggered terms, the
board shall, by ordinance, provide for a division of supervisors into 2 classes, one class to be elected for
one-half of a full term and the other class for a full term and thereafter the supervisors shall be elected for
a full term. The board shall publish the ordinance as a class 1 notice, under ch. 985, or as a notice, as
described under s. 59.14 (1m) (b), before publication of the notice of the election at which supervisors are
to be elected.
The term “Ward Supervisor” only appears once in the Wisconsin statutes and then in a subsection
concerning a county.
8.05(6)
(6)Menominee County.
In counties containing only one town candidates shall be nominated for the
office of supervisors at large and by wards, and all applicable provisions of this section shall apply to their
ward supervisor
selection. In selecting the candidates for by caucus, the candidates for each ward shall
be selected separately, and only those electors shall participate in each as are residents of that ward. Any
ward candidate seeking nomination by the circulation of nomination papers shall incorporate in the
nomination papers a statement that the signers are qualified electors of that ward.
No statutes governing Wisconsin cities include a supervisor or ward supervisor as an elected or
appointed member of a city governing body. Not in Ch. 64 governing council manager government cities.
ii
Janesville currently has 32 wards. Proposed File Ordinance No. 2011-492 would re-divide and redistrict
Janesville to 25 wards, per City Clerk-Treasurer Jean Ann Wulf’s suggested approach.
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ORDINANCE NO. 2011 – 483
An ordinance repealing JGO 2.08.080 concerning ward supervisors.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I.
Section 2.08.080 of the Code of General Ordinances of the City of Janesville is hereby
repealed in its entirety.
“2.08.080 Ward supervisor--Term of office
. The term of office of supervisor from each ward in the city
shall be two years.”
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
Dongarra-Adams
Eric Levitt, City Manager
Liebert
McDonald
ATTEST:
Rashkin
Steeber
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: Council Member McDonald
Prepared by: City Attorney