Fiscal Note
No City appropriation required.
Title
Amending various Sections of the Madison General Ordinances related to Terms of Alders on Boards, Commissions and Committees.
Body
DRAFTER’S ANALYSIS: This ordinance establishes terms of alders on City Boards, Commissions and Committees as one year, expiring on the third Tuesday of the April following appointment. The ordinance makes such terms of alders consistent with MGO section 33.01(6)(a).
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The Common Council of the City of Madison do hereby ordain as follows:
1. Subdivision (c) of Subsection (10) entitled “Ethics Board” of Section 3.35 entitled “Code of Ethics” of the Madison General Ordinances is amended as follows:
“(c) The members of the Ethics Board shall be appointed by the Mayor, subject to confirmation by the Common Council. The term of any aldermanic member appointed to the Board shall expire with the expiration of her or his term as alderperson on the third Tuesday of the following April pursuant to Sec. 33.01(6)(a). Terms of office of other members of the Ethics Board shall be 3 years except that when the initial appointments are made, 2 of the members shall be appointed for 1 year, 2 others for 2 years, and the remaining 3 for 3 years.
The members of the Ethics Board as of the adoption of this ordinance are reappointed and reconfirmed to serve their terms or remaining parts of their terms for which each was most recently appointed.”
2. Subsection (4) entitled “Selection of Alderpersons Members of Board” of Section 4.02 entitled “Budget System” of the Madison General Ordinances is amended as follows:
“(4) Selection of Alderpersons Members of Board. The Finance Committee shall consist of six (6) Alders, five (5) of whom shall be appointed by the Mayor, subject to confirmation by the Common Council. Once confirmed these members shall hold office for a term of two (2) years one (1) year or until their successors are confirmed. The sixth member shall be the Common Council President serving ex officio but with power to vote.”
3. Subparagraph a. of Paragraph 3. of Subdivision () of Subsection (2) entitled “Composition, Terms” of Section 7.01 entitled “Board of Health for Madison and Dane County” of the Madison General Ordinances is amended as follows:
“a. The alder and supervisor terms shall be for two (2) years and alders shall be appointed to one-year terms pursuant to Sec. 33.01(6)(a).”
4. Paragraph 4. of Subdivision (d) entitled “Board Appointments” of Subsection (1) entitled “Organization and Library Board” of Section 8.12 entitled “Madison Public Library” of the Madison General Ordinances is amended as follows:
“4. After the initial appointment, all members of the board shall hold office for a term of three years and three of said members shall be appointed each year, except for alders who shall be appointed to one-year terms pursuant to Sec. 33.01 (6)(a). The appointment shall be dated from the first day of July in the year in which such appointments are made.”
5. Subsection (3) entitled “Terms” of Section 8.41 entitled “DCC Downtown Coordinating Committee” of the Madison General Ordinances is amended as follows:
“(3) Terms. Alderperson members shall serve for terms of two (2) years, expiring with the respective Alder term one (1) year pursuant to Sec. 33.01(6)(a). Resident members shall serve for three (3) years. Any vacancies shall be filled by the Mayor, subject to approval of the Common Council, for a term filling out the remainder of the vacated member's term.”
6. Subdivision (f) entitled “Appointment Terms” of Subsection (2) entitled “Composition, Appointments and Terms” of Section 9.12 entitled “Vending Oversight Committee” of the Madison General Ordinances is amended as follows:
“(f) Appointment Terms. The term for alderperson members shall be two (2) years one (1) year, as set forth in Sec. 33.01(6)(a). The term for resident members and non-voting technical advisors shall be three (3) years, expiring on June 1 in the third year following appointment. All vacancies shall be filled by the Mayor, subject to approval of the Common Council, for a term filling out the remainder of the vacated member's term.”
7. Subsection (2) entitled “Water Utility Board” of Section 13.01 entitled “Water Utility Board” of the Madison General Ordinances is amended as follows:
“(2) Water Utility Board. There is hereby created a Water Utility Board of eight (8) members, whose duty shall be the management and operation of the Water Utility. There shall be seven (7) voting members and one (1) non-voting ex-officio member. At least one (1) and not more than two (2) of the voting members shall be members of the Common Council, who shall serve during their two-year terms one-year terms pursuant to Sec. 33.01 (6)(a). The members shall be appointed by the Mayor and confirmed by the Common Council, and members who are not members of the Common Council shall serve staggered terms of five (5) years, respectively provided that the Mayor may appoint one of the members whose term ends in 2010 to a three (3) year term in order to achieve staggered terms. In case of vacancy, the Common Council may at any regular or special meeting confirm a member for the unexpired term. The Director of Public Health Madison and Dane County under Sec. 7.02, MGO, or their designee shall serve as an ex-officio, non-voting member of the Board in order to provide advice and information to the Board on health issues related to the Water Utility. The Director of Public Health Madison and Dane County shall not vote, may not make motions, and shall not be counted as a member in determining quorum or majorities. Upon passage of this ordinance, the existing commissioners of the Board of Water Commissioners shall immediately succeed to positions as members of the Water Utility Board and fill out their terms as if appointed to the remaining length of their terms.”
8. Subsection (3) entitled “Appointment and Terms of Alderperson Members” of Section 16.01 entitled “City Plan Commission” of the Madison General Ordinances is amended as follows:
“(3) Appointment and Terms of Alderperson Members. The Mayor shall appoint three (3) members of the Common Council to be members of such commission; and, at its annual meeting in April of each year the Common Council shall, by a two-thirds (⅔) vote of its members confirm any such mayoral appointments of three of its number as members of the City Plan Commission for terms to coincide with their terms on the Common Council for one-year terms pursuant to Sec. 33.01(6)(a).”
9. Subsection (1) entitled “Membership” of Section 29.21 entitled “Board of Building Code, Fire Code, Conveyance Code and Licensing Appeals” of the Madison General Ordinances is amended as follows:
“(1) Membership. The Board shall consist of nine (9) members appointed by the Mayor, subject to confirmation by the Common Council. Each member shall be appointed for a term of three (3) years and shall serve until a successor is appointed and confirmed, except for alders who shall be appointed to one-year terms pursuant to Sec. 33.01 (6)(a).
Members shall, collectively, represent the following areas of expertise: (1) legal, (2) architectural, (3) structural or architectural engineering, (4) real estate, (5) building, and (6) fire prevention.
The Mayor shall strive to appoint members drawn from the following portions of the community: Neighborhood groups, sustainability activists, business people, educational institutions and the development community.”
10. Subsection (2) entitled “Appointment; Terms” of Section 33.05 entitled “Board of Park Commissioners” of the Madison General Ordinances is amended as follows:
“(2) Appointment; Terms. Said Board shall consist of seven (7) members, two (2) alders and five (5) resident members appointed by the Mayor and confirmed by the Common Council. The alderperson members shall be appointed in April for the term of two (2) years one (1) year, beginning on the first day of May third Tuesday in April. The full term of each resident member shall be for five (5) years beginning on the first day of May next succeeding her/his appointment and until her/his successor is appointed and qualified; but when the Board is first constituted, the respective appointments shall be for terms of five (5), four (4), three (3), two (2), and one (1) years, respectively. At the organization meeting of the Common Council on the third Tuesday in April preceding the end of any of the resident members' terms, the Mayor shall appoint her/his successor for a full term and shall submit the appointment to the Common Council for confirmation.”
11. Subsection (2) entitled “Composition, Appointments and Terms” of Section 33.07 entitled “Board of Public Works” of the Madison General Ordinances is amended as follows:
“(2) Composition, Appointments and Terms. The Board of Public Works shall consist of seven (7) voting members. The Mayor or her/his designee shall serve as a member of the Board, one (1) member shall be an adult City of Madison resident with an engineering background who shall serve for one (1) year, two (2) members shall be alderpersons, and three (3) members shall be residents. The Mayor shall also appoint two persons to serve as alternate members. The alternate member may act with full power and authority when any other member of the Board is absent. The alternate member may participate in Board discussion, may serve on subcommittees, and may be appointed to any committee which requires the participation of a member of the Board of Public Works.
All members shall be appointed by the Mayor, subject to approval of the Common Council. All members shall be appointed for a term of two (2) years, except for alders who shall be appointed to one-year terms pursuant to Sec. 33.01(6)(a). The terms of aldermanic members shall expire with the expiration of their terms as members of the Common Council. The Mayor at the organizational meeting each year shall indicate to the Common Council whether s/he will serve on the Board or inform the Council of the name of her/his designee. The Board shall elect one (1) of its members to serve as chair and another of its members to serve as vice-chair. The Mayor may change her/his designee or elect to assume membership on the Board any time and upon so assuming membership may elect to be chair of the Board. All appointments under this section shall be submitted by the Mayor to the Common Council for confirmation except that membership by the Mayor or selection of a designee shall be at the option of the Mayor. The Board shall adopt special rules for the conduct of public hearings before the Board. One (1) member of the Board of Public Works shall be a member of the Long-Range Transportation Committee.”
12. Subparagraph a. entitled “City Members” of Paragraph 1. of Subdivision (b) entitled “Membership; Terms” of Subsection (3) entitled “City-County Homeless Issues Committee” of Section 33.09 entitled “City-County Commissions and Committees” of the Madison General Ordinances is amended as follows:
“a. City Members. Two (2) members shall be City of Madison Alders, one (1) member shall be a Madison Police Department officer, one (1) member shall be a representative of a downtown business or community organization, one (1) member shall be a current or former homeless person who has used homeless services, and one (1) member shall be from the Homeless Services Consortium or other persons experienced in homeless services or advocacy. All City members shall be appointed by the Mayor and confirmed by the Common Council. Alders shall have a one-year term coextensive with their terms on the Common Council pursuant to Sec. 33.01(6)(a). Other members shall serve staggered three-(3) year terms ending on June 30.”
13. Subdivision (a) of Subsection (2) entitled “Membership” of Section 33.10 entitled “Committee on Employee Relations” of the Madison General Ordinances is amended as follows:
“(a) The Committee shall be composed of nine (9) members. Three (3) members shall be members holding management positions with the City of Madison. Three (3) members shall be resident members nominated by the employees. Two members (2) shall be alderpersons currently serving on the Finance Committee. One member (1) shall be the Human Resources Director who will only vote to break a tie vote among the other members. All members, with the exception of the Human Resources Director, shall be appointed by the Mayor subject to the approval of the Common Council on the third Tuesday of April for a term commencing on that date. The terms of the alderpersons expire with the expiration of their term as an alderperson on the third Tuesday of the following April pursuant to Sec.33.01 (6)(a). The remaining six (6) members shall serve staggered terms of three (3) years, with the terms of two (2) members expiring annually.”
14. Subsection (3) entitled “Terms” of Section 33.15 entitled “Community Development Block Grant (CDBG) Committee” of the Madison General Ordinances is amended as follows:
“(3) Terms. All members except alternate members shall be appointed for two (2) year terms. The terms of alderpersons shall expire with the expiration of their terms as alderpersons on the third Tuesday of the following April pursuant to Sec. 33.01 (6)(a).”
15. Subsection (2) entitled “Composition” of Section 33.17 entitled “Economic Development Committee” of the Madison General Ordinances is amended as follows:
“(2) Composition. The Committee shall consist of eleven (11) members: the Mayor or the Mayor's designee, three (3) Alderpersons, and seven (7) residents with a wide range of direct experience in business and/or knowledge related to job creation, real estate or workforce development. The Mayor shall appoint the members of the Committee subject to confirmation by the Common Council.
Terms of appointment of the resident members shall be staggered, for three (3) years, commencing May 1 and expiring April 30. The Alderpersons terms of alders shall coincide with his or her term of office expire on the third Tuesday of the following April pursuant to Sec. 33.01 (6)(a).
If the Mayor serves on the Committee, the Mayor shall act as chairperson. Otherwise, the chairperson will be elected by the Committee.”
16. Subsection (1) entitled “Composition and Terms” of Section 33.1 entitled “Landmarks Commission” of the Madison General Ordinances is amended as follows:
“(1) Composition and Terms. A Landmarks Commission is hereby created, consisting of seven (7) members. One (1) shall be a historian; at least one (1) shall be a licensed architect, one (1) shall be a licensed real estate professional; one (1) shall be an Alder; and three (3) shall be resident members, at least one of whom has expertise in construction. Each member shall have, to the highest extent practicable, a known interest in historic preservation. Of the membership, at least two (2) shall meet the Professional Qualifications Standards established by the United States Secretary of the Interior for History, Archeology, Architectural History, Architecture, or Historic Architecture. The Mayor shall appoint the commissioners subject to confirmation by the Common Council. The term for each member shall be three (3) years, except that alders shall be appointed pursuant to one-year terms pursuant to Sec. 33.01(6)(a). The terms shall be staggered.”
17. Subdivision (a) of Subsection (2) entitled “Initial Terms” of Section 33.20 entitled “Madison Cultural Arts District Board” of the Madison General Ordinances is amended as follows:
“(a) Persons appointed by the Mayor shall serve staggered terms of four years expiring on July 1st, except that the terms of alders shall be for one (1) year pursuant to Sec. 33.01(6)(a) and:
1. The initial term of two directors appointed by the Mayor shall expire on July 1st of the fourth year beginning after the year of creation of the District.
2. The initial term of two directors appointed by the Mayor shall expire on July 1st of the fifth year beginning after the year of creation of the District.
3. The initial term of two directors appointed by the Mayor shall expire on July 1st of the sixth year beginning after the year of creation of the District.”
18. Subsection (1) entitled “Monona Terrace Board; Composition, Terms” of Section 33.21 entitled “Monona Terrace Community and Convention Center Board” of the Madison General Ordinances is amended as follows:
“(1) Monona Terrace Board; Composition, Terms. The Monona Terrace Board shall consist of twelve (12) members appointed to three-year staggered terms ending on May 1st. Six appointments shall be made by the Mayor of the City of Madison, five by the Dane County Executive and one by the Governor of the State of Wisconsin. City and County appointments shall be subject to confirmation by the governing body of either City or County, as appropriate.”
19. Subsection (3) entitled “Terms” of Section 33.22 entitled “Public Safety Review Committee” of the Madison General Ordinances is amended as follows:
“(3) Terms. Common Council members shall be appointed for two (2) one (1) year terms ending on the third Tuesday in April. Resident members shall be appointed for three (3) year terms ending on April 30 of the third calendar year after their appointment and confirmation, except that, in April 1993, the Mayor shall designate the terms of resident members in order to achieve staggered terms. The Mayor shall designate two resident members for one-year terms, two for two-year terms, and two for three-year terms.”
20. Subsection (3) entitled “Terms” of Section 33.23 entitled “Housing Policy Committee” of the Madison General Ordinances is amended as follows:
“(3) Terms. All resident members shall be appointed for three-year terms, however, the initial terms of three (3) of the resident members shall expire on April, 30 2026. Initial terms of the remaining four (4) resident members shall expire on April 30, 2027. Thereafter, each resident member shall be appointed for a three-year term commencing on May 1st and expiring on April 30th. The terms of the alders shall expire with the expiration of their terms in office on the third Tuesday of the following April pursuant to Sec. 33.01(6)(a).”
21. Subsection (3) entitled “Commission Composition And Terms” of Section 33.24 entitled “Urban Design Commission” of the Madison General Ordinances is amended as follows:
“(3) Commission Composition And Terms. An Urban Design Commission, advisory to the City Plan Commission, and vested with final decision-making authority as described elsewhere in this ordinance, in Chapter 31 (Sign Control Ordinance) and elsewhere in these ordinances, is hereby created, consisting of nine (9) voting members. Of the initial voting members appointed, three shall serve terms of two years each; three shall serve terms of one year each; and three shall serve terms of three years each; provided, however, that notwithstanding the provision of subdivision (j) below, the aldermanic member shall serve a two-year term and such term shall be concurrent with his/her term as a member of the Council. Thereafter, the term for each voting member shall be three years, except the term of the alder which shall be for one year pursuant to Sec. 33.01 (6)(a). The voting members shall be appointed by the Mayor and approved by the Common Council as follows:”
22. Section 33.31 entitled “Sustainable Madison Committee” of the Madison General Ordinances is amended as follows:
“The Sustainable Madison Committee takes a leadership role in the promotion of sustainability and environmental protection for the City of Madison, the Madison community, and the region. The committee consists of eleven (11) members plus two alternates: at least one (1) Common Council member, one (1) Board of Public Works member (who may also be a Council member), and nine (9) community representatives with an interest in sustainability (no more than two (2) of whom may also be Council members). Members shall be resident members that bring, collectively, a variety of different perspectives and experiences related to: (1) Air, (2) water, (3) energy, (4) transportation and land use, (5) food, (6) the built environment, (7) finance, economics and workforce, (8) culture (health, education, arts), (9) environmental justice, (10) climate, and (11) youth perspectives (ages 14-24). The Mayor shall strive to appoint members drawn from the following portions of the community: Neighborhood groups, sustainability activists, youth (ages 14-24), business people, educational institutions and the development community. Members and alternates are appointed by the Mayor and approved by the Common Council. Members and alternates shall be appointed for a term of two years, with terms expiring June 30 with the exception of aldermanic members and the Board of Public Works member. The term of aldermanic members shall expire with the expiration of their terms as alders on the third Tuesday of the following April and the term of the Board of Public Works member shall expire with their term on Board of Public Works.”
23. Subsection (3) entitled “Membership” of Section 33.33 entitled “Sister City Collaboration Committee” of the Madison General Ordinances is amended as follows:
“(3) Membership. The Madison Sister City Collaboration Committee shall consist of one member from each approved Sister Committee partnership who will be appointed by the Mayor and confirmed by the Council. These members shall represent the Sister Cities of Madison. In addition, there shall be two (2) other members, one (1) member shall be an alderperson, and one (1) member shall be an adult resident of Madison. Because resident participation of the Sister City Collaboration Committee goes beyond the boundaries of the City, up to twenty-five percent (25%) of appointees to the committee may be non-residents of Madison without the need for a two-thirds (⅔) vote of the Council for confirmation. Any non-resident appointee whose confirmation would exceed the twenty-five percent (25%) limit will require a two-thirds (⅔) vote. Members shall have three-year terms, to be staggered upon initial appointment, except the alder who shall serve a one-year term pursuant to Sec. 33.01(6)(a). Quorum for the Committee will be calculated by the number of members appointed and serving at any given time.”
24. Subdivision (b) entitled “Terms” of Subsection (4) of Section 33.35 entitled “Madison Arts Commission” of the Madison General Ordinances is amended as follows:
“(b) Terms. The terms of all commission members shall be for three (3) years or until their successors are qualified. However, the term of the aldermanic alder member shall expire with the expiration of her/his term as alderperson be for one year pursuant to Sec. 33.01(6)(a), and the members appointed to the first term following the effective date of this ordinance shall be appointed to staggered terms. Three (3) members shall serve an initial term of one (1) year, three (3) shall serve an initial term of two (2) years, and four (4) shall serve an initial term of the full three (3) years. No member shall serve more than two (2) consecutive three-year terms. However, the six (6) members appointed to the first term after the effective date of this ordinance who serve an initial term of less than three (3) years, and any member appointed to fill the unexpired term of a former member, shall be eligible to serve two (2) full consecutive three-year terms thereafter. Other than the term of the alderperson, all terms shall expire on April 30th and begin on May 1st.”
25. Paragraph 1. of Subdivision (a) of Subsection (2) entitled “Membership; Terms” of Section 33.52 entitled “Food Policy Council” of the Madison General Ordinances is amended as follows:
“1. Two (2) of the members shall be Common Council members who shall serve one-year terms pursuant to Sec. 33.01(6)(a),”
26. Subsection (2) entitled “Composition” of Section 33.54 entitled “Small Business Enterprises Appeals Committee” of the Madison General Ordinances is amended as follows:
“(2) Composition. The Affirmative Action Commission and the Board of Public Works shall each elect two of their members to serve on the Committee. They may also elect alternates to serve in the event the regular member is unable to serve. The fifth member shall be appointed by the Mayor. The members of the Committee shall not be subject to confirmation by the Council. Each member's term shall be two (2) years, except that any alder member shall serve a term that expires on the following third Tuesday in April pursuant to 33.01 (6)(a).”
27. Subdivision (b) entitled “Appointment and Terms of Common Council Members” of Subsection (3) entitled “Composition” of Section 33.56 entitled “Transportation Commission” of the Madison General Ordinances is amended as follows:
“(b) Appointment and Terms of Common Council Members. Common Council members of the Transportation Commission shall be appointed by the Mayor subject to confirmation by the Common Council. Terms for Common Council members shall coincide with their terms on the Common Council be for one year pursuant to 33.01 (6)(a). Appointments for such terms shall be made at the organizational meeting of the Common Council on the third Tuesday in April or as soon thereafter as the Mayor makes the appointment.”
28. Subsection (10) entitled “Equal Opportunities Commission and Equal Opportunities Division” of Section 39.03 entitled “Equal Opportunities Ordinance” of the Madison General Ordinances is amended as follows:
“(10) Equal Opportunities Commission and Equal Opportunities Division. The Mayor, subject to confirmation by the Common Council, shall appoint an Equal Opportunities Commission, consisting of thirteen (13) members, one of whom shall be designated President by the members of the Commission. At least one, and no more than two, such members shall be an Alder, who shall be a member only as long as they shall continue to hold office as Alder for one year pursuant to Sec. 33.01(6)(a). Members shall be appointed from among the residents of the entire City, shall be representative of the rich diversity of our community and include as many protected class memberships as is possible and shall be persons committed to the principle of equal opportunities. They shall receive no compensation for their services. There shall also be an Equal Opportunities Division established within the Department of Civil Rights, headed by an Equal Opportunities Division Manager as that position is established and set forth in Sec. 39.01(2), MGO.”
29. Subdivision (a) entitled “Terms” of Subsection (3) of Section 39.04 entitled “Disability Rights Commission” of the Madison General Ordinances is amended as follows:
“(3) Terms. All members shall serve terms of three (3) years, commencing May 1, and expiring April 30, except that the term of the Alder member of the Commission shall expire with the expiration of their term as Alder after one year pursuant to Sec. 33.01(6)(a). At the first regular Common Council meeting in April of each year, the Mayor shall appoint persons to fill terms which expire the following May 1. The Common Council shall either reject or confirm the appointments. Should the Council reject any appointment, the Mayor shall submit an alternative appointment as soon as possible. All members shall serve until a successor is appointed and qualifies. Vacancies shall be filled in the manner prescribed for original appointments but the vacancies shall be filled for the unexpired term only.”