Chapter 2.04
ELECTED OFFICIALS
Sections:
2.04.020 Temporary incapacity of aldermen.
2.04.030 Selection and duties of the common council president.
2.04.010 City council.
The common council shall consist of the mayor, and two aldermen from each aldermanic district. Beginning with the Spring election of 2002, the aldermen will be divided into two classes with numbered seats, and shall serve four-year staggered terms. (Ord. 2131-08 § 1 (part), 2008)
2.04.020 Temporary incapacity of aldermen.
If an alderman is temporarily incapacitated because of physical or mental disability, the common council may appoint a person to discharge the alderman’s duties until the disability is removed. The common council shall not appoint a person to discharge the absent alderman’s duties if the alderman’s absence is due to other than physical or mental disability. (Ord. 2131-08 § 1 (part), 2008)
2.04.030 Selection and duties of the common council president.
The common council at its first meeting subsequent to the regular election and qualification of new members shall, after organization, choose from its members a president who, in the absence of the mayor, shall preside at meetings of the common council. (Ord. 2131-08 § 1 (part), 2008)
2.04.040 City mayor—Term.
The city of Brookfield elects, pursuant to Section 66.0101 of the Wisconsin Statutes, that Section 62.09(5)(1) providing that the regular term for the office of mayor shall be two years, shall not apply in the city; that in accordance with Section 62.09(5)(1)(b) of the Wisconsin Statutes, the regular term for the office of mayor hereafter shall be four years. (Ord. 2131-08 § 1 (part), 2008)
2.04.050 Succession of powers and duties in the absence of the mayor—Selection and duties of the common council president—Vacancy in the office of the mayor or the common council president.
A. In the event that the mayor is unable to act or perform his duties because of physical or mental disability or absence from the city, during said period of physical or mental disability or absence, the president of the common council shall have the powers and duties of the mayor, except that he shall not have the power to approve an act of the common council which the mayor has disapproved by filing his objection with the city clerk. The council president shall, when so officiating, be styled “acting mayor.” The determination of the mayor’s inability to act or perform his duties because of illness, disability or absence from the city shall be made either by the mayor as evidenced by written or oral communication to the city clerk or by determination of the common council by a two-thirds vote of the whole council.
B. In the event that the president of the common council is unable to act or perform any of his duties because of illness, disability or absence from the city, the persons elected or appointed to the below-listed offices or positions shall act as president of the common council through a direct line of succession in the order herein set forth. Such person shall be styled as “acting president of the common council.” The acting president of the common council shall have and exercise all the powers, and discharge all of the duties, of the president of the common council until such time as the president of the common council resumes his duties. If any person lower in the line of succession is serving as acting president of the common council and a person higher in the line of succession becomes available to serve, the powers and duties of the acting president of the common council shall vest in the person higher in the line of succession. The line of succession shall be as follows:
1. Chairman of the finance committee;
2. Aldermen in the order of their seniority based upon the length of service in the office of alderman. In the event that the length of service of such aldermen is equal, then succession will vest by alphabetical order of such aldermen’s surnames.
C. Vacancy in the Offices of the Mayor or the Common Council President.
1. In the event of a vacancy in the office of the mayor, as set forth in Section 17.03 of the Wisconsin Statutes, the president of the common council shall succeed to the office of the mayor until a new mayor is elected and qualified. A new mayor shall be elected for the residue of the unexpired term on the first Tuesday of the next April after the vacancy occurs if the vacancy occurs no later than December 1st preceding such April. If the vacancy occurs after December 1st preceding such first Tuesday in April, then the successor shall be elected on the first Tuesday in April of the next ensuing year. No election to fill a vacancy in such office may be held at the time of holding the regular election for that office. The provisions of this section are subject to Section 9.10 of the Wisconsin Statutes.
2. In the event of the death or resignation of the common council president, or his succession to the office of the mayor due to a vacancy in the office of the mayor, the common council shall, at the next meeting after the occurrence of such event, elect a successor to fill the office of common council president. Such elected common council president shall preside over the meetings of the common council for the remainder of the term of office to which members of the common council were elected. (Ord. 2131-08 § 1 (part), 2008)
2.04.060 Municipal judge.
A. Office Created. Pursuant to Section 755.01, Wisconsin Statutes, there is created the office of municipal judge for the city.
B. Election—Term—Eligibility. The municipal judge shall be elected at large at the Spring election in even-numbered years for a term of four years commencing on May 1st next succeeding his election. Midterm vacancies in the office of municipal judge shall be filled by special election to be held not less than fifty-five (55) nor more than seventy (70) days after the order of the council therefor. No person shall be eligible for the office of municipal judge unless he/she is an attorney licensed to practice law by the state.
C. Salary. The municipal judge shall receive a salary to be fixed by the council which shall be in lieu of fees and costs. No salary shall be paid to the judge for any time during his term for which he has not executed and filed his official bond and oath, as required by subsection (D) of this section.
D. Bond and Oath.
1. The municipal judge shall execute and file with the county clerk the oath prescribed by Section 757.02, Wisconsin Statutes, and a bond in the penal sum of five thousand dollars ($5,000.00).
2. The municipal judge shall not be qualified to act until a certified copy of the bond is filed with the city clerk and a certified copy of the oath is filed with the office of the State Administrator of Courts, as required by Wisconsin Statutes.
E. Jurisdiction. The municipal judge shall have jurisdiction as provided by law and Section 755.045, Wisconsin Statutes, and exclusive jurisdiction of violations of city ordinances, resolutions and bylaws. (Ord. 2131-08 § 1 (part), 2008)