Fiscal Note
No City appropriation required.
Title
Creating Section 2.37 of the Madison General Ordinances Related to Removal Hearings to Prescribe Hearing Procedures to Consider Removal of Alders from the Common Council.
Body
DRAFTER’S ANALYSIS: This ordinance establishes hearing procedures when a complaint is filed seeking removal of an alder from the Common Council. This ordinance establishes a more detailed process consistent with the statute to ensure due process for both the complainant and the alder who is the subject of the complaint, and to enable an orderly hearing process.
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The Common Council of the City of Madison do hereby ordain as follows:
1. Section 2.37 entitled “Removal Hearings” of the Madison General Ordinances is created as follows:
“2.37 REMOVAL HEARINGS.
(1) Purpose. The purpose of this section is to effectuate the requirements of Wis. Stat. s. 17.16 which establishes basic requirements regarding complaints seeking the removal of an alder from the Common Council. The intent of this section is to ensure order and consistency in the process, provide due process for the complainant and the alder who is the subject of the complaint, and implement more detailed procedures so that the Common Council is prepared to process a complaint for the removal of an alder.
(2) Pursuant to Wis. Stat. s. 17.12(1), an alder may be removed by the Common Council for cause. “Cause” shall be as defined in Wis. Stat. s. 17.001.
(3) Complaints requesting the removal of an alder shall be processed in the manner prescribed by this section. The Common Council may modify or supersede any steps in the processes established by this section only with an affirmative vote of two-thirds (2/3) of the members of the Council except that any such alterations may not conflict with Wisconsin Statutes. Any such alterations related to the conduct of a hearing shall also ensure the due process...
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