Chapter 2.08
BOARDS, COMMISSIONS AND COMMITTEES
Sections:
2.08.020 Committees appointed by mayor.
2.08.030 Wilson Center for the Arts board of directors.
2.08.050 Civil service commission.
2.08.060 Information technology subcommittee.
2.08.070 Park and recreation commission.
2.08.080 Administrative appeals board.
2.08.090 Boards, commissions, or committees—Participation by telephonic and electronic means.
2.08.010 Council committees.
A. The following committees and the chairmen thereof shall be appointed by the council president no later than the second meeting of the new common council.
B. Composition of Committees. Each committee shall consist of at least three and not more than five members, except for the finance committee which shall consist of seven members, one from each district. The chairmen of committees shall be designated by the council president. The chairmen of committees, other than those named in this section, shall be designated by the mayor. Each member shall serve as appointed unless excused by a majority of the members of the council. All aldermen shall serve on at least one standing committee. The council president may serve as a member of not more than one standing committee. His appointment thereto shall be by a majority vote of all members of the council. The council president may serve as chairman of the standing committee to which he is so appointed only if appointed to that chairmanship by a separate three-fourths vote of all members of the council. The council president also shall serve as an alternate member of each committee and shall serve in the absence or disqualification of any committee member whose absence results in the lack of a quorum; provided that, in the event the council president becomes acting mayor under Section 62.09, Wisconsin Statutes, during that period of service as acting mayor, he shall not serve as a member of a committee unless the mayor is a member of the committee.
C. The common council shall be composed of the following committees:
1. (Recodified as Section 2.08.060 by Ord. 2801-22).
2. Board of Public Works.
a. The board of public works shall consist of the mayor, four alderpersons, and one alderperson alternate. The four alderpersons and the alternate shall be appointed by the council president subject to confirmation by the council. The chair of the board shall be appointed by the council president, subject to council approval, except as otherwise provided in this section. The mayor may appoint an alderperson to serve in the absence of the mayor, subject to council approval.
b. In addition to its duties set forth in Section 62.14(6), Wisconsin Statutes, and other duties prescribed by the Wisconsin Statutes and Brookfield Municipal Code, the board shall study, make recommendations, and help to implement bicycle and pedestrian bike paths and safety measures along major roadways throughout the city.
c. The board shall also be responsible for recommending to the council the preparation, bidding, and subsequent awarding of any municipal contract, and application for grants relative to the weekly collection and disposal of municipal solid waste, recyclable materials, and yard waste.
d. The board shall oversee and recommend the purchase, improvement and disposal of public lands, excepting those relating to city parks, the city library, and sewer and water utilities.
e. The board shall be responsible for evaluation and approval of new legislation, amendments, and deletions to Titles 12 and 14, Chapters 8.24 and 10.08, and Section 10.04.040. The evaluation and approval of new legislation, amendments, and deletions to Chapter 12.24 shall be in conjunction with the park and recreation commission.
3. Finance Committee. The committee shall be composed of seven alderpersons. In addition to its other duties prescribed by the Wisconsin Statutes and the Brookfield Municipal Code, the committee shall study the city’s needs, develop planning strategies, and make recommendations relative to city capital improvements in cooperation with other committees, commissions, and boards. It shall also be responsible for overseeing risk management for the city, excepting those risk management aspects overseen by the human resources and public safety committee. The finance committee will supervise the technology status of the city by reviewing the recommendations of the information technology subcommittee. The finance committee shall be responsible for evaluation and approval of new legislation, amendments, and deletions to Title 3 other than Section 3.24.050.
4. Forestation Committee. The committee shall be composed of five alderpersons. The committee shall establish and develop a forestation program for public purposes and, in conjunction therewith, may maintain a minimum care outdoor nursery on public property stocked by seedlings, bushes, plants and other shrubs and trees for transplanting. In addition to its other duties as set forth in the Brookfield Municipal Code, the forestation committee shall be responsible for evaluation and approval of new legislation, amendments, and deletions to Chapter 12.28.
5. Legislative and Licensing Committee. The committee shall be composed of five alderpersons. The committee shall be responsible for evaluation and approval of new legislation, amendments, and deletions to the Brookfield Municipal Code, unless such responsibility is delegated to another committee pursuant to this chapter. The committee is also responsible for recommending approval and disapproval, including revocation, suspension, or nonrenewal, of licenses and permits as set forth in Title 5 and Chapter 8.20; conducting hearings for revocation, suspension, or nonrenewal of licenses and permits as set forth in Title 5; recommending to the common council individuals to fill vacancies on the council; appointing members of the ethics board subject to common council confirmation; and any other duty set forth for it in the Brookfield Municipal Code.
6. (Repealed by Ord. 1734).
7. Human Resources and Public Safety Committee. The committee shall be composed of five alderpersons. This committee shall make recommendations to the mayor and the council and the committees thereof concerning the creation of new positions, employment, promotion, wages, salaries, fringe benefits and working conditions; serve as liaison between the civil service commission and the council; and study and make recommendations for improved efficiency in the operations of the various departments and shall be responsible for overseeing the risk management aspects of the city relating to health insurance, benefits, workplace safety and worker’s compensation. Additionally, the committee shall oversee the police and fire departments relative to issues outside the jurisdiction of the police and fire commission, including review of said departments’ annual budgets.
8. (Repealed by Ord. 1738).
9. Water and Sewer Board.
a. The water and sewer board shall consist of five alderpersons appointed by the council president, subject to confirmation by the council. The chair of the board shall be appointed by the council president, subject to council approval. One member shall be designated as the representative to the Poplar Creek-Deer Creek interceptor commission and two members designated as the representatives to the Underwood sewer board by the chair of the water and sewer board.
b. The water and sewer board shall supervise the purchase, improvement and disposal of public lands relating to sewer utility projects, subject to council approval.
c. The water and sewer board shall supervise the purchase, improvement and disposal of public land relating to water utility projects, subject to council approval.
d. In addition to its other duties as set forth in the Brookfield Municipal Code, the water and sewer board shall be responsible for evaluation and approval of new legislation, amendments, and deletions to Title 13.
10. Committee of the Whole. The mayor may declare the entire council a committee of the whole for informational discussion at any meeting or for any other purposes and shall be ex officio chair of the same; provided, that there is no objection by any of the alderpersons present at the meeting. If an alderperson objects to the mayor presiding as chair, the council president shall preside over the meeting.
11. Other Duties and Timing. If a matter is before the common council or subject to common council review and the topic of it is not set forth in the list of committee duties in this section, the mayor may assign such matter to the committee that, in the mayor’s opinion, is best suited for consideration of the matter. If a matter is before the common council or subject to common council review and time constraint or other reasons exist which make a committee referral impracticable or impossible, the mayor may assign such matter to the common council as a whole for consideration.
D. Council Member to be Appointed Liaison to School Board. The president of the council shall appoint a member of the council to serve as its liaison representative to the school board and administration of the Elmbrook School District. Such representative shall attend such school board meetings and meet with such school officials as necessary to consider and report on matters of mutual concern to the council and the school board and to improve communication and understanding between them. His term shall coincide with his aldermanic term of office. (Ord. 2801-22 § 1, 2022; Ord. 2550-19 §§ 2-4, 2019; Ord. 2131-08 § 1 (part), 2008)
2.08.020 Committees appointed by mayor.
A. Special Committees. The mayor may, from time to time, appoint such special committee or committees as the mayor deems advisable or as provided for by motion or resolution stating the number of members and object thereof to perform such duties as may be assigned to them.
B. Regular Committees. The city shall have the following regular committees:
1. Board of Review.
a. The Board’s functions and duties shall be as set forth in the Wisconsin Statutes, including Sections 70.46 and 70.47, Wisconsin Statutes.
b. As authorized by Section 70.46(1), Wisconsin Statutes, the Board of Review shall consist of five citizen members and two Common Council members, with two members acting as chair and vice-chair. The five citizen members shall be appointed for staggered three-year terms and shall hold office until their successors are appointed and qualified. The two Common Council members shall be appointed for two-year terms, at the same time that Council committees are appointed pursuant to Section 2.08.010(A). Each member’s term shall coincide with their term in office so that if they cease to hold office on the Common Council during their term on the Board of Review, their term on the Board of Review shall thereupon end and a new Council member shall be appointed for the balance of the term. All appointments shall be made by the Mayor and confirmed by the Council. All members shall serve without compensation.
c. The City Clerk, or their designee, shall serve as the Board’s Clerk, but is not a member of the Board.
d. Whenever the Assessor, in the performance of the Assessor’s duties, requests or obtains income and expense information pursuant to Section 70.47(7)(af), Wisconsin Statutes, or any successor statute thereto, then such income and expense information that is provided to the Assessor shall be held by the Assessor on a confidential basis, except, however, that the information may be revealed to and used by persons: in the discharging of duties imposed by law; in the discharge of duties imposed by office (including, but not limited to, use by the Assessor in performance of official duties of the Assessor’s office and use by the Board of Review in performance of its official duties); or pursuant to order of a court. Income and expense information provided to the Assessor under Section 70.47(7)(af), Wisconsin Statutes, unless a court determines that it is inaccurate, is, per Section 70.47(7)(af), Wisconsin Statutes, not subject to the right of inspection and copying under Section 19.35(1), Wisconsin Statutes.
2. Library Board. The library board shall be appointed and shall serve as provided in Sections 43.54 through 43.58, Wisconsin Statutes. There shall be nine members of the board appointed for staggered three-year terms by the mayor subject to confirmation by the common council except if additional appointments are made by the county board chair pursuant to Chapter 43 of the Wisconsin State Statutes. One member appointed shall be a school district administrator, or the administrator’s representative, to represent the school district. One member of the municipal governing body shall be a member of the library board.
3. Board of Appeals. The board of appeals members shall be appointed and shall serve as provided in Section 62.23(7)(e), Wisconsin Statutes. For composition, powers and duties, see Chapter 17.12.
4. Police and Fire Commission. The police and fire commission shall be appointed and shall serve as provided in Section 62.13, Wisconsin Statutes. The commission shall be composed of five citizens, one appointed each May for a five-year term.
5. Community Development Authority.
a. Findings. The common council of the city of Brookfield specifically finds and declares that there is a need for blight elimination, slum clearance, urban renewal and community development programs and projects and housing projects in the city of Brookfield.
b. Created. The community development authority of the city of Brookfield (CDACB) is created pursuant to Section 66.1335(1), Wisconsin Statutes.
c. Powers and Functions. The community development authority shall have such powers and perform such functions as are provided by Section 66.1335, Wisconsin Statutes, which statute is hereby incorporated by reference.
d. Appointment of Commissioners. The mayor shall, with the confirmation of the common council, appoint seven qualified resident persons as commissioners of the community development authority.
i. Two of the commissioners shall be members of the common council and shall serve during their term of office as board members.
ii. The first appointment of the five noncouncil members shall be for the following terms: two for one year and one each for the terms of two, three, and four years. Thereafter, the terms of noncouncil members shall be for four years and until their successors are appointed and qualified. Vacancies shall be filled for the unexpired term as provided in this section.
6. Economic Development Committee.
a. The economic development committee (“EDC”) shall consist of five persons to be appointed by the mayor and confirmed by the common council. The EDC shall be comprised of the following: a member of the common council; a representative of education; a citizen representative; and two business representatives.
b. All members of the EDC shall serve for a term of three years; however, the term on the EDC for the member of the common council shall coincide with his/her term in office so that if he or she ceases to hold his/her office on the common council during his/her term on the EDC, his/her term on the EDC shall thereupon end and a new representative for the balance of the term shall be appointed to the EDC by the mayor and approved by the common council. The mayor shall serve on the EDC in an ex officio capacity. The city director of community development or designee shall attend the EDC meetings, unless excused, to ensure the coordination of the programs of the EDC with that of the physical planning programs.
c. The committee will review and discuss items related to economic development in the City of Brookfield, including, but not limited to, development or redevelopment projects and their progress, the City’s tourism entity, the Waukesha County economic development office or agency, the regional economic development office or agency, the sections of the Comprehensive Plan and neighborhood plans related to economic development, expansion and retention of businesses in the City of Brookfield, and bringing new business opportunities to the City of Brookfield. The committee may make recommendations regarding these items to the Common Council for its consideration before Council actions on matters related to these items.
d. The committee will conduct initial application or reviews for loans, grants and contracts as available for economic development in the City, unless already authorized by another committee, and will make a recommendation to the appropriate committee(s) based on its review, following the procedures for securing grants as listed in the City’s financial policies.
e. The committee will review and discuss items related to economic development in the city of Brookfield, including, but not limited to, development projects and their progress, the city’s tourism entity, local area clubs and associations, neighborhood plans, expansion and retention of businesses in the city of Brookfield, and bringing new business opportunities to the city of Brookfield.
f. The EDC will review any annual or other reporting upon the performance of the city’s tourism entity and forward its reviews to the common council or finance committee.
C. Absences Vacate Office. Three consecutive absences by a member of any board or commission from meetings shall operate to vacate the member’s office. An absence excused by the mayor for good cause shall not be considered an absence hereunder. (Ord. 2849-23 § 1, 2023; Ord. 2801-22 § 1, 2022; Ord. 2021-120714 §§ 1, 2, 2021; Ord. 2590-20 § 1, 2020; Ord. 2576-19 § 1, 2019; Ord. 2507-18 § 1, 2018; Ord. 2131-08 § 1 (part), 2008)
2.08.030 Wilson Center for the Arts board of directors.
The city common council president (or designee) and a member of the parks and recreation commission shall represent the city as ex officio voting members of the Wilson Center for the Arts board of directors. The city’s director of finance and director of parks and recreation (or designees) shall represent the city as nonvoting staff liaisons to the Wilson Center for the Arts board of directors. (Ord. 2131-08 § 1 (part), 2008)
2.08.040 Plan commission.
A. The plan commission shall consist of the mayor, who shall be the presiding officer, three aldermen and three citizens of the city. Two aldermanic members of the commission shall be appointed by the council president, and one aldermanic member appointed by the mayor, subject to confirmation by the council. Aldermanic appointments are made for two years in April on even-numbered years. The three citizens of the city shall be appointed by the mayor, subject to confirmation by the council, for three-year terms commencing on May 1st in the year of appointment.
B. The plan commission shall have the powers and duties granted to it in Sections 62.23(2)-(7), 66.1001(4), 66.1105(4) and 236.45(4), Wisconsin Statutes, and any other Wisconsin Statute that grants it duties and/or powers. In addition to these duties, the commission shall oversee and make recommendations to the common council regarding annexations, the zoning of lands annexed to the city, and the creation, alteration, or deletion of ordinances in Titles 16 and 17.
C. The common council shall have the authority, by majority vote, to approve, reject, or amend the master plan as certified to the common council by the plan commission under Section 62.23(3), Wisconsin Statutes. (Ord. 2550-19 § 1, 2019; Ord. 2131-08 § 1 (part), 2008)
2.08.045 Plan review board.
Repealed by Ord. 2800-22. (Ord. 2790-22 § 9, 2022; Ord. 2131-08 § 1 (part), 2008)
2.08.050 Civil service commission.
A. Established—Appointment of Members.
1. A civil service commission, sometimes herein called board or commission, is established which shall consist of five members, one to be appointed annually by the mayor for a term of five years, subject to confirmation by the council. No person shall be appointed to the commission who holds any salaried public office or employment within the city. The members of the commission shall be qualified electors of the city and shall serve without compensation.
2. Vacancies shall be filled by appointment in the original manner for the unexpired terms. Each member of the commission may serve beyond the expiration of his/her term at the request of the mayor until his/her successor is appointed and qualified. A recommendation by the mayor for cause and approval by a three-fourths vote of the council shall be required to remove any member of the commission from office prior to the expiration of his term of office.
3. Upon appointment, each member shall take the official oath required by Section 19.01, Wisconsin Statutes, which shall be filed with the city clerk.
4. Alternates. In order to assure the availability of a quorum at all times, the mayor is authorized to appoint two alternate members of the commission for five-year terms, who shall be available to act in the absence or disability of a regular member of the commission. These appointments shall be subject to council approval; provided, that the alternates may, in the event of emergency, act on the mayor’s order until the next succeeding council meeting.
B. Administrative Duties. The civil service commission of the city will have five basic functions:
1. To oversee, make recommendations, give advice and make reports when necessary to the human resources and public safety committee of the council regarding the procedures used to fill vacancies which may exist in positions governed by this chapter;
2. To serve as an appellate body for hearing appeals of decisions of the director of human resources regarding the staffing of positions covered by Chapter 2.40;
3. To serve as an appellate body for hearing appeals of decisions by appointing officers concerning termination, discipline and alleged workplace safety complaints of individuals in positions covered by Chapter 2.40;
4. To evaluate and approve or deny requests to extend probationary periods of incumbents of positions covered by Chapter 2.40;
5. To evaluate and approve or deny lay-off plans required by the elimination of positions covered by Chapter 2.40.
The director of human resources has the authority to develop, with the concurrence of the civil service commission, systems to screen, select and hire individuals for positions which the council determines should be filled and are covered by Chapter 2.40. (Ord. 2257-11 § 1, 2011; Ord. 2131-08 § 1 (part), 2008: Ord. 2100-07 § 1, 2007)
2.08.060 Information technology subcommittee.
This subcommittee shall study the City’s needs, develop planning strategies, and make recommendations to the Finance Committee and the Council concerning information technology issues and any other related matter delegated to it by the Finance Committee; it will make recommendations relative to ongoing long-range technology issues and planning; and shall submit to the Finance Committee and Council an annual technology status report. This committee shall consist of five members, including two aldermanic representatives, at least one of whom is a member of the Finance Committee, and three citizen members. The aldermanic members shall be appointed by the council president. The citizen members shall be appointed by the mayor. All appointments shall be subject to council approval. The terms for all members shall be two years and expire on April 14th in even-numbered years. (Ord. 2801-22 § 1, 2022)
2.08.070 Park and recreation commission.
A. Composition. The park and recreation commission shall consist of seven members, six of whom shall be appointed by the mayor, subject to the confirmation of the council, and one of whom shall be an alderman appointed by the council president. The mayor’s appointees shall consist of five citizen members and one representative of the Elmbrook School District who serves said district in an elected or supervisory capacity. The term of the school district representative shall terminate at the end of three years or upon the conclusion of his/her service with the school system, whichever date first occurs. The terms of the five citizen members shall be for five years. The aldermanic appointee shall be appointed for two years in April of even-numbered years. The mayor shall make initial appointments for staggered terms of one to five years for the citizen members to establish an orderly rotation of such terms.
B. Powers and Duties. The park and recreation commission shall have the following powers and duties:
1. Parks. With respect to parks, the powers and duties shall be as provided by Sections 27.08(1) and (2) and 27.10, Wisconsin Statutes. The acceptance of gifts of money or property or the acquisition of property or privileges for park purposes, as defined in Section 27.08, Wisconsin Statutes, can be accomplished only upon the recommendation of the commission and approval by the council by resolution, but the dedication of land or money in lieu thereof to the city for park, recreation or other public purpose in connection with the subdividing of land shall be deemed to have been approved by the council in and by its act of accepting the final plat in connection with which such dedication is made.
2. Recreation. The commission shall have the general supervision of municipal recreation in the city and shall operate and maintain all community recreation centers, playgrounds or other areas which shall be assigned to it by resolution of the council and may make rules and regulations for the government and control of all such places of recreation subject to disapproval by a vote of two-thirds of the members of the council at the next regular meeting of the council following notice of adoption of such rule or regulation. The commission may appoint seasonal employees as they may deem necessary for carrying out the purposes of this section; provided, that appropriations for such positions are made in the annual budget by the council. The commission shall promote recreation in its broadest aspects and, toward this end, shall cooperate with existing recreational programs under the auspices of schools or semipublic groups within the city.
In addition, the commission shall study, promote, make recommendations, oversee, and help to implement recreational bike paths and a city greenway system.
C. Budget. The commission shall submit to the council by October 1st of each year an estimate of the expenditures required for the following calendar year in order to carry out a program for the maintenance and development of parks and recreational activities within the reasonable means of the taxpayers.
D. Civil Service. All employees of the commission shall be subject to the provisions of Section 2.08.050.
E. Finances. All expenditures pursuant to the budget previously approved by the council, including gifts accepted by the council, shall be made only upon the prior approval of the commission and the issuance of an order for the expenditure by the city. All moneys received for the purposes of the commission, whether from the general fund or from approved donations, shall be deposited in the general fund of the city and segregated on the books of the city. The city treasurer shall act as treasurer of the commission without additional compensation.
F. Annual Report. The commission shall issue a written annual report to the council at its second regular meeting of each year after the first year.
G. Fourth of July Arrangements. The commission shall arrange or conduct appropriate ceremonies, parades, programs or fireworks on the Fourth of July of each year to recall, restate and affirm the basic concepts of our free American society. (Ord. 2131-08 § 1 (part), 2008)
2.08.080 Administrative appeals board.
A. Legislative Intent. In order to ensure fair play and due process in the administration of the affairs, ordinances, resolutions and bylaws of the city, the common council hereby declares that the provisions of Chapter 68, Wisconsin Statutes, relating to municipal administration review procedure, shall be in full force and effect in the city, except as otherwise provided herein or elsewhere in the Brookfield Municipal Code.
B. Reviewable Determination. The following determinations are reviewable under this section:
1. The grant or denial in whole or in part after application of an initial permit, license, right, privilege, or authority, except an alcohol beverage license.
2. The suspension, revocation or nonrenewal of an existing permit, license, right, privilege, or authority, except the grant, denial, suspension or revocation of an alcohol beverage license under Section 125.12(1), Wisconsin Statutes, and other licenses granted by the common council or a committee thereof.
3. The denial of a grant of money or other thing of substantial value under a statute or ordinance prescribing conditions of eligibility for such grant.
4. The imposition of a penalty or a sanction upon any person except a municipal employee or officer, other than by a court.
C. Determinations Not Subject to Review. Despite the language in subsection (B) of this section, the following determinations are not reviewable:
1. A legislative enactment of the common council. A legislative enactment is an ordinance, resolution, formal written policy or adopted motion of the common council.
2. Any action subject to administrative or judicial review procedures under statutes other than those set forth in Chapter 68, Wisconsin Statutes, or other ordinances of the city.
3. The denial of a tort, contract, or other claim for money, required to be filed with the city pursuant to statutory procedures for the filing of such claims.
4. The suspension, removal or disciplining or nonrenewal of a contract of a municipal employee or officer.
5. The grant, denial, suspension of an alcohol beverage license or permit under Section 125.12(1), Wisconsin Statutes, or other license granted by the common council or a committee thereof.
6. Judgments and orders of courts.
7. Determinations made during labor negotiations.
8. Notwithstanding any other provision of this chapter or Chapter 68, Wisconsin Statutes, any other action or determination of the city or any officers, employee, agent, agency, committee, board, or commission of the city which does not involve the constitutionally protected right of a specified person or persons to due process in connection with the action or determination.
D. Initial Determinations. Where applicable, all officers, employees, agents, agencies, committees, boards and commissions of the city shall comply with the requirements of Chapter 68, Wisconsin Statutes, and shall conduct initial administrative reviews of their own determinations, in accordance with Section 68.09, Wisconsin Statutes, upon filing of a proper written request therefor.
E. Administrative Appeals; How Taken.
1. Administrative appeals under Section 68.10, Wisconsin Statutes, except as modified by ordinance pursuant to Section 68.16, Wisconsin Statutes, shall be filed in writing with the city clerk. The clerk, upon receipt of a duly filed appeal, together with the fee set forth in subsection (E)(2) of this section, shall set a date for hearing thereon. The clerk shall attempt to schedule a date for hearing within fifteen (15) days of receipt of the notice of appeal. If the administrative appeals board and the appellant cannot agree upon a date, the clerk shall then select a date for hearing within thirty (30) days of receipt of the notice of appeal. The hearing date may be adjourned upon mutual agreement of the appellant and the administrative appeals board. The clerk shall serve the appellant with notice of such hearing at least three days before such hearing and shall forward the notice of appeal, date for hearing, and the record of proceedings theretofore had in the matter, if any, to the administrative appeals board.
2. The fee for filing an administrative appeal shall be fifty dollars ($50.00) and shall be paid at the time of filing. An appeal shall not be considered filed until the fee is paid.
F. Administrative Appeals Board.
1. There is hereby created for the city an administrative appeals board consisting of three members, which shall have the duty and responsibility of hearing appeals from the initial administrative determinations or decisions of officers, employees, agents, agencies, committees, boards and commissions of the city filed, in accordance with Section 68.10, Wisconsin Statutes, and the provisions of this section, and making a final determination thereon.
2. In conducting administrative review hearings and making final decisions, the board shall be governed by the provisions of Sections 68.11 and 68.12, Wisconsin Statutes.
3. The administrative appeals board shall consist of the mayor, one alderman and one citizen. The board shall be created immediately upon passage and publication of the ordinance creating this section, and the mayor may appoint an alderman and one citizen upon the board’s creation subject to confirmation by the common council. The initial appointees shall serve a term beginning from appointment and ending in May of the next even-numbered year. After the initial term, the alderman member and citizen shall be designated by the mayor at the first meeting of the common council in May of each even-numbered year and shall be subject to confirmation by the common council. The mayor shall serve as chairman of the board. The mayor may appoint, subject to confirmation, for a two-year term, one alternate member who shall act with full power only when a member of the board is absent or refuses to serve because of interest in the subject matter of the appeal. The board may adopt rules for conduct of hearing, not in conflict or inconsistent with the provisions of Section 68.11, Wisconsin Statutes.
4. Common Council Reviews. Notwithstanding any of the provisions of this section, when a request is made for review of an administrative decision of the common council, said review shall be conducted by the common council. The hearing procedure set forth in Section 68.11, Wisconsin Statutes, shall be followed except that the common council shall hear the matter. The review of the determination shall be the “final determination,” as provided in Section 68.12, Wisconsin Statutes, and there shall be no further administrative review. Requests made under this subsection shall be filed with the city clerk within the time period set forth in Section 68.10(2), Wisconsin Statutes. Appeals of a final determination shall be filed with the city clerk within the time prescribed in Section 68.13(1), Wisconsin Statutes.
5. Alternative Procedures. The provisions of the ordinance codified in this section shall not be deemed to repeal or supersede the provisions of any other ordinances in conflict herewith or providing other procedures for review of administrative determinations within the city, except when otherwise specifically provided in said ordinances. (Ord. 2539-19 § 1, 2019)
2.08.090 Boards, commissions, or committees—Participation by telephonic and electronic means.
A. Any member who is unable to be physically present at an in-person meeting of a board, commission, or committee may notify the city clerk or board, commission, or committee chair no later than five p.m. at least six days prior to the meeting that he or she intends to participate in a meeting by telephonic or electronic means unless advance notice is impractical due to an emergency. If the city clerk or chair receives the member’s request in timely manner, the chair shall attempt to facilitate the request by contacting the member in a manner during the meeting that allows the member to participate in the proceedings. The member shall be entitled to participate and vote to the fullest extent possible and shall count towards a quorum; however, if the member is appearing by audio or telephonic means only, the member shall not be entitled to participate or vote on any matter that requires the visual assessment of a witness’s demeanor or any matter that requires the visual assessment of physical evidence or exhibits that have not been previously reviewed by the member.
B. No member shall utilize the participation methods referenced in subsection (A) of this section for two or more meetings consecutively unless the member demonstrates, in writing, good cause, as determined in the chair’s sole discretion; or, if the chair is the member requesting, the member of the committee, board, or commission with the most seniority’s discretion; or if a state of emergency has been proclaimed by a federal, state, or local authority.
C. Boards, commissions, and committees may conduct a meeting by telephonic or electronic means, including, but not limited to, audio or video conferencing, when an in-person meeting is not practicable due to a state of emergency or public health emergency being proclaimed by a federal, state, or local authority; a lack of quorum being able to be physically present in a city-owned building; or other unique circumstance that causes the chair of the board, commission, or committee to determine that an in-person meeting is not practicable or advisable. (Ord. 2734-20 § 4, 2020)