Madison, WI Header
File #: 64269    Version: 1 Name: Sec. 2.27 Council Action on Solitary Reports
Type: Ordinance Status: Passed
File created: 2/17/2021 In control: Attorney's Office
On agenda: 3/2/2021 Final action: 3/2/2021
Enactment date: 3/16/2021 Enactment #: ORD-21-00023
Title: Repealing and Recreating Section 2.27 entitled “Council Action on Solitary Reports” of the Madison General Ordinances to clarify options for acting on reports to the Common Council.
Sponsors: Grant Foster, Patrick W. Heck, Rebecca Kemble, Max Prestigiacomo, Michael E. Verveer, Marsha A. Rummel

Fiscal Note

No City appropriation required.

Title

Repealing and Recreating Section 2.27 entitled “Council Action on Solitary Reports” of the Madison General Ordinances to clarify options for acting on reports to the Common Council.

Body

DRAFTER’S ANALYSIS:    This ordinance is repealed and recreated to clarify the options for the Common Council with regard to reports received from City agencies, boards, commissions and committees.  The recreated ordinance removes ambiguous language regarding the definitions of a Solitary Report and of the disposition of reports, and states that any action to be taken resulting from the report be stated in a resolution, ordinance or separate legislative action. 

 

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The Common Council of the City of Madison do hereby ordain as follows:

 

Section 2.27 entitled “Council Action on Solitary Reports” of the Madison General Ordinances is repealed and recreated to read as follows:

 

“2.27 - COUNCIL ACTION ON SOLITARY REPORTS.

 

The Common Council shall consider and dispose of reports which it requests from City agencies, boards, commissions and committees.  The Council may take no action on a report or may initiate legislative action as a result of a report.  Any action of the Council resulting from consideration of a report, whether or not the action is a specific recommendation of a report, shall be taken through adoption of a resolution, ordinance or other legislative action at the time of or subsequent to consideration of a report.  A motion to "adopt" or "accept" or "place on file" does not constitute or imply agreement or disagreement with the report findings or recommendations and such motions do not constitute adoption or rejection of any recommendations or statements as City policy.  The adoption of any such recommendations or policy statements shall be accomplished explicitly through legislative action.”

 

Editor’s Note:

 

Section 2.27 of the Madison General Ordinances currently reads as follows:

 

“2.27 - COUNCIL ACTION ON SOLITARY REPORTS.

(1)                     As used in this section, a "Solitary Report" is a report presented to the Common Council that is not accompanied by a related request for legislative action, such as an ordinance, resolution, appropriation, claim, license, permit or other similar legislative action. A report that is accompanied only by a resolution adopting one of the actions set forth in subs (3)-(5) below is a Solitary Report.

(2)                     When the Council receives a Solitary Report, the Council shall adopt, accept or place on file the report.

(3)                     If the Council adopts the Solitary Report, such action means that the Council agrees with the report and that any policy recommendations therein are adopted as policy of the City, which the City and its agencies will be expected to follow.

(4)                     If the Council accepts the Solitary Report, such action means that the Council agrees with the report. Any misnomer of a motion by the use of words such as "receive" or "agree to" will be considered acceptance of the report.

(5)                     If the Council does not adopt or accept the Solitary Report, the report shall be placed on file.”