HomeMy WebLinkAboutChapter 02 - AdministrationCity of Oshkosh Municipal Codes
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CHAPTER 2
ADMINISTRATION
ARTICLE I. IN GENERAL
2-1 CITY MANAGER PLAN
2-2 ELECTIVE OFFICIALS; TERMS; PRIMARY ELECTIONS
2-3 DESIGNATION OF LOCAL PUBLIC OFFICIALS
2-4 TIME OF TAKING OFFICE; ELECTED OFFICIALS
2-5 PROCEDURE TO FILL COUNCIL VACANCIES
ARTICLE II. ELECTION AND ELECTION OFFICIALS
2-6 ADOPTING STATE STATUTES
2-7 ELECTION OFFICIALS
2-8 HOURS FOR VOTING
ARTICLE III. LEGISLATIVE
2-9 CITY COUNCIL DUTIES
2-10 COUNCIL MEETINGS
2-11 DUTIES OF THE MAYOR
2-12 RESERVED
2-13 SUBSTITUTION OF PRESIDING OFFICER
2-14 TEMPORARY PRESIDING OFFICER
2-15 ORDER OF BUSINESS
2-16 RULES OF ORDER AND PROCEDURE
ARTICLE IV. CITY MANAGER
2-17 TERM OF OFFICE
2-18 DUTIES AND POWERS, GENERALLY
2-19 DUTIES AND RESPONSIBILITIES
2-20 AUTHORITY NECESSARY TO DISCHARGE DUTIES
2-21 CITY MANAGER: DELEGATION OF AUTHORITY; RESPONSIBILITY
2-22 ABSENCE OR DISABILITY
ARTICLE V. STAFF OFFICES AND DEPARTMENTS
2-23 DEPARTMENTS AND OFFICES
DIVISION 1 STAFF OFFICES
2-24 CITY ATTORNEY
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2-25 CITY CLERK
2-26 ADMINISTRATIVE SERVICES
2-27 RESERVED
DIVISION 2. DEPARTMENTS
2-28 PUBLIC WORKS
2-29 DEPARTMENT OF FINANCE
2-30 FIRE DEPARTMENT
2-31 POLICE DEPARTMENT
2-32 DEPARTMENT OF PARKS
2-33 DEPARTMENT OF TRANSPORTATION
2-34 DEPARTMENT OF COMMUNITY DEVELOPMENT
2-35 PUBLIC MUSEUM
ARTICLE VI. CITIZENS ADVISORY BOARDS AND COMMISSIONS
DIVISION 1. GENERAL PROVISIONS
2-36 RULES, MINUTES, NOTICE AND COMPENSATION
DIVISION 2 BOARDS AND COMMISSIONS
2-37 REPEALED (Formerly Committee on Aging – repealed 6/13/2023)
2-38 BID BOARD
2-39 RESERVED (Formerly Bicycle and Pedestrian Advisory Committee combined into the
Transportation Committee 5/23/2023)
2-40 RESERVED (OSHKOSH C.A.N. BOARD – repealed 5/11/04)
2-41 DIVERSITY, EQUITY AND INCLUSION COMMITTEE
2-42 SUSTAINABILITY ADVISORY BOARD (Formerly ENERGY & ENVIRONMENT – repealed
4/14/09)
2-43 FAIR HOUSING COMMISSION
2-44 LONG RANGE FINANCE COMMITTEE
2-45 RESERVED (ADVISORY GRAND OPERA HOUSE BOARD - 5/22/18)
2-46 RESERVED
2-47 REPEALED (PUBLIC ARTS ADVISORY COMMITTEE – repealed 6/27/23)
2-48 LANDMARKS COMMISSION
2-49 LIBRARY BOARD
2-50 RESERVED
2-51 ADVISORY PARK BOARD
2-52 PLAN COMMISSION
2-52.1 EXTRATERRITORIAL ZONING COMMITTEE
2-53 BOARD OF POLICE AND FIRE COMMISSIONERS
2-54 OSHKOSH MUSEUM, ARTS AND CULTURE BOARD
2-55 BOARD OF PUBLIC WORKS
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2-56 BOARD OF REVIEW
2-57 TRANSPORTATION COMMITTEE (Formerly Traffic and Parking Advisory Board, combined into
Transportation Committee 5/23/2023)
2-58 RESERVED
2-59 BOARD OF APPEALS
2-60 RESERVED (Deleted, formerly Storm Water Utility Appeals Board, repealed 5/23/2023)
ARTICLE VII. PERSONNEL
DIVISION 1. EMPLOYEES
2-61 REPRESENTED EMPLOYEES
2-62 NON-REPRESENTED EMPLOYEES
DIVISION 2. WORKMEN'S COMPENSATION AND INSURANCE
2-63 WORKMEN'S COMPENSATION RESERVE FUND
ARTICLE VIII. PENALTIES
2-64 PENALTIES
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ARTICLE I. IN GENERAL
SECTION 2-1 CITY MANAGER PLAN
The Government of the City of Oshkosh shall operate under a City Manager form of government under
Chapter 64 of the Wisconsin Statutes, pursuant to the charter ordinance adopted by referendum on
November 6, 1956.
SECTION 2-2 ELECTIVE OFFICIALS; TERMS; PRIMARY ELECTIONS
(A) Which Officials Elected
The elective officials of the City of Oshkosh shall include:
(1) A Mayor nominated and elected from the city at large to serve a two (2) year term; and
(2) Six (6) Council Members nominated and elected from the city at large to serve a two (2) year
term.
(B) Eligibility
Any person possessing the qualifications of an elector in the City of Oshkosh shall be eligible to
election as Mayor or as a Council Member.
(C) Primary Required
A primary election shall be held in the city for the office of Mayor or Council Member whenever the
number of candidates exceeds twice the number of the position to be filled.
SECTION 2-3 DESIGNATION OF LOCAL PUBLIC OFFICIALS
For purposes of complying with State Statutes pertaining to Local Public Officials, the Common Council
hereby finds and declares the following offices, positions and persons to be Local Public Officials:
A) Members of the Common Council
B) Members of the Boards and Commissions of the City of Oshkosh
C) The City Manager
D) Designated Heads of Staff Offices and Departments of the City of Oshkosh
[Statutory References §19.42(7w)(d), 19.32 (1dm), 19.36(11), 19.35(1) Wis. Stats.]
SECTION 2-4 TIME OF TAKING OFFICE; ELECTED OFFICIALS
The regular terms of the Mayor and Council Members shall commence on the third Tuesday in April
following their election. [Statutory Reference §64.05 Wis. Stats.]
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SECTION 2-5 PROCEDURE TO FILL COUNCIL VACANCIES
Pursuant to the terms and conditions of Sec. 17.23, Wis. Stats., in the event of a vacancy on the City
Council, the City Clerk shall, within 14 days of a vacancy or anticipated vacancy, advertise for and solicit
applications from individuals to fill the vacant position. Completed applications include a letter of interest
and current resume’.
Applicants must submit applications to the City Clerk within 30 days of the initial advertisement of
vacancy. Thereafter, at the next regular meeting of the Common Council, all applicants shall be allowed
time to make a presentation regarding their qualifications to the Council. The Common Council shall then,
by majority vote, decide who will fill the vacancy. [Statutory Reference §§ 17.23, 64.05(2) Wis. Stats.]
ARTICLE II. ELECTION AND ELECTION OFFICIALS
SECTION 2-6 ADOPTING STATE STATUTES
Except as otherwise specifically provided, all provisions of Chapters 5-12, of the Wisconsin Statutes, and all
relevant provisions of the Wisconsin Administrative Code adopted pursuant thereto describing and
defining regulations with respect to elections are hereby adopted and by reference made a part of this Code
as if fully set forth herein. It is the intention of this ordinance to include within such references all
provisions in effect at the time of adoption of this section together with any applicable prior revisions and
all future recodifications, renumberings, and amendments unless otherwise expressly provided in such
references. It is the intention of this section that any act required to be performed or prohibited by Chapter
5-12, of the Wisconsin Statutes, or by the relevant provisions of the Wisconsin Administrative Code, as
previously amended, presently in effect or as may be amended in the future, incorporated within this
section by reference, is an act required to be performed or is an act prohibited by this section.
[Statutory Reference Chapters 5-12, Wis. Stats.]
SECTION 2-7 ELECTION OFFICIALS
(A) ELECTION INSPECTORS
The City Clerk shall appoint at least five (5) election inspectors to serve at each polling place for all
elections.
The City Clerk, in the Clerk’s discretion, may
a) select alternate officials in a number sufficient to maintain adequate staffing of polling places on
Election Day;
b) select 2 or more sets of election officials to work at different time on Election Day;
c) establish different working hours for different officials assigned to the same polling places; and
d) appoint an additional inspector to serve as a greeter who may at polling places which inspector
may substitute for other election officials who must leave the room during the voting process.
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Election Inspectors shall be paid at an hourly rate as established by the City Clerk within the
amounts allocated in the City Clerk’s Budget or as may be approved by the Common Council.
The City Clerk shall have the authority to establish different rates for those serving as Chairpersons
or co-Chairpersons.
(B) Local Board of Canvassers. The board of canvassers shall be composed of the municipal clerk and 2
other qualified electors of the municipality appointed by the clerk. The members of the board of
canvassers shall serve for 2-year terms commencing on January 1 of each even-numbered year,
except that any member who is appointed to fill a permanent vacancy shall serve for the unexpired
term of the original appointee. The Board of Canvassers shall operate pursuant to §7.53(2) of the
Wisconsin Statutes.
(C) Board of Absentee Ballot Canvassers. In lieu of canvassing absentee ballots at each polling place,
the City of Oshkosh hereby creates a Board of Absentee Ballot Canvassers for the purpose of
canvassing all absentee ballots at all elections held in the City.
(1) The Board of Absentee Canvassers shall be composed of the City Clerk or a qualified elector
of the City designated by the City Clerk, and two (2) other qualified electors of the City
appointed by the City Clerk for a term of two (2) years commencing on January 1 of each
odd-numbered year, except that any member appointed to fill a vacancy shall serve for the
unexpired term of the original appointee.
(2) The Board of Absentee Ballot Canvassers shall operate pursuant to the provisions of §§ 7.52-
7.53 of the Wisconsin Statutes, as applicable.
(3) The City Clerk may appoint additional inspectors to assist the Board of Absentee Ballot
Canvassers in canvassing of absentee ballots pursuant to §7.52 of the Wisconsin Statutes.
(4) The City Clerk shall provide at least 48 hours public notice of the meetings of the Board of
Absentee Ballot Canvassers and shall keep all records and make all postings required by the
Wisconsin Statutes including, but not limited to the following:
a. No later than the closing hour of the polls, the City Clerk shall post at the Office of
the City Clerk and upon the City of Oshkosh official website and shall make
available to any person upon request, a statement of the number of absentee ballots
that the clerk has mailed or transmitted to electors and that have been returned by
the closing hour on election day.
[Statutory Reference §§ 6.88 7.30, 7.32, 7.51, 7.52, 7.53 Wis. Stats]
SECTION 2-8 HOURS FOR VOTING
The polls in the City of Oshkosh on each Election Day shall remain open for voting from 7:00 o'clock a.m.
until 8:00 o'clock p.m.; provided however that any voter at that time currently voting or present and
waiting their turn to vote at the time of closing the polls shall be permitted to vote.
[Statutory Reference §6.78 Wis. Stats].
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ARTICLE III. LEGISLATIVE
SECTION 2-9 COUNCIL DUTIES
(A) Appointment and Removal of City Manager
The Council shall select a City Manager. The City Manager shall be selected by the Council purely
on merit. In selecting the City Manager, the Council shall give due regard to training, experience,
executive and administrative ability, efficiency, general qualifications, and fitness for performing
the duties of the office. No person shall be eligible to the office of City Manager who is not by
training, experience, ability and efficiency well qualified and generally fit to perform the duties of
such office. No weight or consideration shall be given by the Council to nationality, political or
religious affiliations, or to any other consideration except merit and direct qualifications for the
office. Residence in the City or State shall not be a qualification for the Office of City Manager. The
Council may remove the City Manager from office in accordance with Chapter 64 of the Wisconsin
Statutes. [Statutory Reference §64.09 Wis. Stats.]
(B) Qualifications of Members
The Council shall be the judge of the election and qualification of its members, and may pursuant to
state statute suspend or remove its members for cause. [Statutory Reference §17.12(1)(a) Wis. Stats.]
(C) Legislative Power
The Council shall possess and exercise all legislative and general ordinance powers imposed and
conferred by general law or special charter upon the Mayor and Council and the various boards
and commissions not inconsistent with Chapter 64 Wisconsin Statutes. The Council shall not have
the power to enact special executive or administrative orders.
[Statutory Reference §64.07 Wis. Stats.]
(D) Attention to Duty.
Council Members shall devote such time to the duties of their office as the interests and general
welfare of the City demand. [Statutory Reference §64.08 Wis. Stats.]
(E) Power to Fix Salaries.
The Council shall have power by ordinance to fix the salary of any successor Mayor and its own
successors in office. [Statutory Reference §64.08 Wis. Stats.]
(F) Administrative Powers.
The Council shall, upon the report and recommendation of the City Manager, have the power to
create general departments of city administration and to alter, reorganize or abolish by ordinance
any administrative board or commission, with the exception of the Board of Police and Fire
Commissioners. [Statutory Reference §64.10 Wis. Stats.]
(G) Annual Audit
At the end of each fiscal year, the Council shall cause a full and complete examination of all books
and accounts of the City to be made by competent and public accountants who shall report in full to
the Council. [Statutory Reference §64.12(4) Wis. Stats.]
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(H) To Elect Deputy Mayor
At its first meeting on the third Tuesday following the spring general election the City Council shall
select by majority vote, one of its members to act as Deputy Mayor, who shall preside over
meetings and exercise all duties and responsibilities of the Mayor during a temporary absence or
disability.
SECTION 2-10 COUNCIL MEETINGS
(A) Organizational Meeting
Following a regular city election, the new Council shall first meet on the third Tuesday of April in
each election year at the Council Chambers in the City Hall at 12:00 o'clock noon of said day.
[Statutory Reference §64.05(1) Wis. Stats.]
(B) Regular Meetings
(1) Time and Place
The regular meetings of the Council of the City of Oshkosh shall be held in the Council
Chambers of the City Hall or such other place as may be properly noticed on the second
and fourth Tuesday in each month at 6:00 o'clock p.m.; except that if a regular meeting falls
upon the same date as an election the regular meeting of the Council shall be held upon the
Wednesday of that week. [Statutory Reference §64.07(5) Wis. Stats.]
(C) Special Meetings
Special meetings of the Council may be called by the Mayor of the Council, the City Manager, or
any two members of the Council and shall be held in the Council Chambers or such other place as
may be properly noticed. No other business shall be transacted at a special meeting except as
specified in the notice of such meeting. [Statutory Reference §64.07(5) Wis. Stats.]
(D) Adjournments
Any regular or special meeting of the Council at which there shall be a quorum present may
adjourn to a day and time fixed, at which time such meeting may in like manner be further
adjourned; provided, however, that no such adjournments shall be to a time later than the next
regular meeting.
(E) Meetings Shall Be Public
Except as such meetings may be properly convened in closed session, all meetings of the Council,
whether regular or special, shall be open to the public as provided in the Wisconsin Open Meetings
Law, and all of the Council's official actions shall be recorded by the City Clerk or under
authorization of the Clerk in record books kept for that purpose.
[Statutory Reference §§ 64.07(6), 19.83(1), 19.85 Wis. Stats.]
(F) Call to Order
The Mayor shall promptly call each meeting to order at the hour fixed for the holding of such
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meeting.
(G) Roll Call and Quorum
Before proceeding to business, the roll of the members of the Council shall be called and the names
of those present and those absent shall be entered into the minutes by the Clerk or under the Clerk's
authorization. A majority of the members of the Council shall constitute a quorum for the
transaction of business, but a lesser number can adjourn any meeting and shall have power to
compel the attendance of absent members. [Statutory Reference §64.07(3) Wis. Stats.]
(H) Disturbance, How Suppressed
Whenever any disturbance or disorderly conduct shall occur in the Council Chambers or rooms or
halls adjacent thereto, the Mayor shall have power and authority to cause the same to be cleared of
any or all persons except members of the Council.
SECTION 2-11 DUTIES OF THE MAYOR
The Mayor shall be the presiding officer of the Council and shall have a vote but no veto power. It shall
be the general duty of the Mayor or other presiding officer:
(A) Preside at Meetings
To open the session at the time fixed for the meeting, or at the time to which adjournment may be
had, by taking the chair and calling the members to order.
(B) Announcement of Quorum
To announce or to have announced, at the conclusion of the roll call, the fact of the presence of a
quorum or not, as the case may be.
(C) Presentation of Business.
To announce or to have announced, the business before the Council in the order in which it is to be
acted upon.
(D) Receive Motions.
To receive and submit, in proper manner, all motions and propositions presented by members.
(E) Supervision of Voting
To put to a vote the questions which are regularly moved or which necessarily arise in the course of
the proceedings, and to announce or to have announced the result.
(F) Enforce Rules of Order
To restrain the public and members of the Council within the rules of order while the Council is
meeting and engaged in debate.
(G) Rule on Points of Order
To rule on any point of order or practice, subject to an appeal by any member.
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(H) Issue Proclamations
To issue all proclamations.
(I) Appointments
To appoint, subject to Council approval, members to the various Boards and Commissions within
the City.
SECTION 2-13 SUBSTITUTION OF PRESIDING OFFICER
The Mayor or other presiding officer of the Council may call the Deputy Mayor or a member to the Chair to
temporarily preside over the meeting in the case of conflict of interest, illness, or other matter requiring the
presiding officer to temporarily remove him/herself from the position of presiding officer, but such
substitution shall not extend beyond an adjournment.
SECTION 2-14 TEMPORARY PRESIDING OFFICER
In the absence of the Mayor and the Deputy Mayor, one of the Council Members shall be elected to preside
temporarily until the return of the Mayor or Deputy Mayor.
SECTION 2-15 ORDER OF BUSINESS
An agenda shall be prepared for all meetings of the City Council by the City Manager. Items may be
placed upon the agenda by the City Manager, Mayor or any member of the Common Council. An item
placed on the agenda may be removed from the agenda prior to the meeting by the City Manager or in the
case of items placed on the agenda by the Mayor or other Council Member, by the member so placing the
item upon the agenda.
The general order of business of Council meetings shall be as follows:
(A) Roll Call
(B) Invocation
(C) Pledge of Allegiance
(D) Public Hearings, if any.
(E) Consent Agenda, including receipt and filing of minutes, reports, receipt of claims and
those items of a routine or administrative nature which are recommended for approval
by staff
(F) Resolutions not included upon the Consent Agenda
(G) Ordinances
(H) City Council Discussion, Direction and Future Agenda Items
(I) City Manager Announcements and Statements, including the reporting of any
administrative actions taken which require Council confirmation
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(J) Adjournment
The Council may provide in its rules for periods of public comment to be included within the agenda.
The City Manager or Council may include within the general order of business additional items not
requiring formal vote of the Council, such as proclamations, presentations, information gathering,
announcements and statements, and other matters, without temporarily suspending the rules as
provided herein.
The City Manager may change the general order of business within the published agenda as such
change may be required for the adoption of particular measures or as may be appropriate for the
efficient conduct of the meeting, without temporarily suspending the rules as provided herein.
Items that are considered routine and/or non-controversial may be placed on the consent agenda for
adoption. When a consent agenda is used, all items listed upon the consent agenda shall be approved,
adopted, enacted or otherwise favorably resolved by a single motion, seconded and adopted by a majority
vote of all members of the council. Items on the consent agenda may be individually commented upon or
discussed, but must be removed from the consent agenda for a negative vote. Upon the request of a
Council Member or a citizen an item will be pulled from the consent agenda and be considered as a
separate issue.
The published order of business may be temporarily suspended at any meeting by 2/3 majority vote of
those members of the Council present and voting.
SECTION 2-16 RULES OF ORDER AND PROCEDURE
(A) Resolutions
All resolutions including those which would result in a charge of money against the City may be
acted upon at the same meeting at which they are formally introduced in written form.
(B) Ordinances
Every ordinance shall receive two separate readings prior to its passage. Unless a request for
reading the ordinance in its entirety is made by a member of the Council, reading by title only shall
be sufficient and reading in full shall not be required. Where an ordinance shall have the effect of
amending, altering or adding to the code of general ordinances, it shall so indicate, stating the
section number affected. All ordinances shall be open to any pertinent amendment at any time
until their final passage.
(C) Petitions and Communications
All petitions and communications addressed to the Council or intended for Council action received
by 4:30 p.m. of the Thursday preceding the Council meeting shall be reported as received on the
agenda of that meeting. This shall have the effect of giving the Council an opportunity to study all
petitions and communications before they appear on an agenda for official action.
(D) Requests and Reports
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All requests and reports addressed to the Council or intended for Council action shall be included
in the City Manager's report. Adoption of the Manager's report shall have the effect of authorizing
action in accordance with any requests or reports. All requests and reports received by 4:30 p.m. of
the Thursday preceding the Council meeting shall be included in the report of that meeting. This
shall have the effect of giving the Council an opportunity to study all requests and reports before
they appear on an agenda for official action.
(E) Voting Procedures
An aye and no vote shall be called with the Mayor of the Council being called last, and recorded on
the vote of every ordinance, resolution and expenditure of money and shall be taken upon any
other matter requested by a Council Member. In the event that a Council Member declines to vote,
the Clerk shall record the vote as "present." A majority vote of all members of the Council shall be
necessary to adopt any ordinance or resolution, except where a greater number is required by law.
[Statutory Reference §64.07(3) Wis. Stats.]
(F) Claims and Accounts
All claims and accounts against the City shall be filed with the City Clerk who shall, after their
audit and approval by the City Manager, present the same to the Council for final disposition.
(G) Rules of Order
The Council shall be governed by such rules of order as the Council may adopt from time to time,
as may be necessary for the efficient conduct of its business. The most recent version of Roberts
Rules of Order may be used for guidance if a matter is not addressed within the Council’s adopted
Rules of Order. Every member shall address the presiding officer before speaking and shall not be
interrupted except by a call to order.
(H) Suspension of Rules of Order and Procedure
These rules or Council rules adopted under this authority, may be temporarily suspended at any
meeting by a two-thirds vote of all members of the Council. The vote shall be ayes and noes and
shall be so recorded.
(I) Amendment of Rules
These rules shall not be changed, amended or repealed unless the proposition or amendment is
introduced in writing at a regular meeting and the same is laid over for consideration to a
subsequent meeting with at least two weeks intervening.
ARTICLE IV. CITY MANAGER
SECTION 2-17 TERM OF OFFICE
The City Manager shall be engaged by the City Council for an indefinite term, subject to removal by the
Council in accordance with the provisions of Chapter 64 of the Wisconsin Statutes. [Statutory
Reference §§ 64.09 Wis. Stats.]
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SECTION 2-18 DUTIES AND POWERS, GENERALLY
The City Manager shall be responsible for the administration of City government with the exception of
those functions administered by appointed or elected boards. The City Manager shall have all of the
powers necessary to discharge the responsibilities of the office, not inconsistent with the provisions of
Chapter 64 of the Wisconsin Statutes. [Statutory Reference §§ 64.11 Wis. Stats.]
SECTION 2-19 DUTIES AND RESPONSIBILITIES
The City Manager shall have the following duties and responsibilities:
(A) Effect the enforcement of all laws and ordinances.
(B) Budget administration and budget preparation.
(C) Enforce all franchises, permits and privileges granted by the City to utilities.
(D) Protection of health, safety and welfare of the community within the standards of services adopted
by the City Council.
(E) Maintain and operate parks, playgrounds and any other recreational facilities now owned or
acquired hereafter by the City Council.
(F) Maintenance, operation and construction of streets, sewers, water plant and distribution system,
sewage disposal plant and all other City owned facilities, buildings and equipment.
(G) All fiscal transactions of the City.
(H) Assuring the efficiency of all City services.
(I) Keep the Council informed on all matters.
(J) All administrative functions, including those heretofore mentioned.
(K) Perform such other duties as may be required by the Council.
SECTION 2-20 AUTHORITY NECESSARY TO DISCHARGE DUTIES
The City Manager shall have the authority to:
(A) Authority to Appoint Officers; exception
Appoint, suspend, lay-off or dismiss all heads of departments, all subordinate city officials and all
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employees, except that this subsection shall not be construed as depriving the Board of Fire and
Police Commissioners all the powers conferred by Section 62.13 of the Wisconsin Statutes.
[Statutory Reference §64.11(3) Wis. Stats.]
(B) Authority to Appoint Temporary Heads of Departments/Divisions
The City Manager may appoint an acting director of any department or manager of any division if
the director or manager is absent from the City or incapacitated or a temporary vacancy exists in
the position and no person has been designated to be the acting director or manager or the person
so designated is unable or unwilling to serve in the acting capacity.
(C) Authority to Promulgate Rules and Regulations
Prepare and put into effect any necessary administrative rules and regulations pertaining to
purchasing, personnel, fiscal transactions, city services, and the conduct of employees.
(D) Public Works
Exercise all of the powers of the Board of Public Works.
(E) Emergency Powers
Take whatever action is necessary in purchasing or assignments of employees to protect the health,
welfare, and the safety of the citizens of Oshkosh.
(F) Make Recommendation to Council
Make recommendations to the Council on all matters of municipal concern.
(G) Fill Vacancies
Fill all vacancies not to exceed budget allotments, except that this shall not be construed as
preventing the Manager from filling the vacancy with a lower paid classification or leaving the
position vacant, if, in the Manager's opinion, the position does not need to be filled. This section
shall not be construed to prevent the City Manager from creating or filling positions not specifically
budgeted when in the Manager's opinion such action is in the best interest of the City and is
temporary in nature.
(H) Residual Executive Powers
Exercise all other executive powers conferred upon the Manager in Chapter 64 of the Wisconsin
Statutes.
SECTION 2-21 CITY MANAGER: DELEGATION OF AUTHORITY; RESPONSIBILITY
(A) Creation of Departments; Delegation of Authority; Restrictions
The City Manager shall be permitted to form departments and subdivisions of departments and
staff offices upon confirmation by the Council. Although the Manager is permitted to delegate
authority to these department heads and other supervisory personnel, the Manager shall not be
permitted to delegate the responsibility for any function to these department heads or other
supervisory personnel. The Manager shall be responsible to the Council for all functions.
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SECTION 2-22 ABSENCE OR DISABILITY
The Manager may designate a qualified administrative officer of the City to perform the duties of City
Manager during a temporary absence or disability. In the event of the failure to make such a designation,
the Council may by resolution appoint an officer of the City to perform the duties of the Manager during
such absence or disability, until the Manager shall return or disability shall cease.
ARTICLE V. STAFF OFFICES AND DEPARTMENTS
SECTION 2-23 DEPARTMENTS AND OFFICES
(A) In order to aid the Manager the following staff offices and departments shall be created:
(1) STAFF OFFICES
(A) CITY ATTORNEY
(B) CITY CLERK
(C) ADMINISTRATIVE SERVICES
(D) ADDITIONAL STAFF OFFICES on a temporary basis may be created by the City
Manager provided funds are made available in the budget.
(2) GENERAL DEPARTMENTS
(A) DEPARTMENT OF PUBLIC WORKS
(B) DEPARTMENT OF FINANCE
(C) FIRE DEPARTMENT
(D) POLICE DEPARTMENT
(E) DEPARTMENT OF PARKS
(F) DEPARTMENT OF TRANSPORTATION
(G) DEPARTMENT OF COMMUNITY DEVELOPMENT
(H) OSHKOSH PUBLIC MUSEUM
DIVISION 1 STAFF OFFICES
SECTION 2-24 CITY ATTORNEY
The City Attorney shall perform the duties as are prescribed in the Wisconsin Statutes, particularly Section
62.09(12) thereof, and such other duties as the City Manager may prescribe.
The City Attorney may appoint assistants and/or special counsel or special prosecutors to perform
designated duties consistent with Section 12-16 and with the city budget.
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In the absence or disability of the City Attorney, or in the case of a vacancy in the office of the City
Attorney, the Deputy City Attorney shall perform the duties of City Attorney.
The City Attorney is authorized to bring appropriate actions against any persons, firms or corporations in
the following cases without specific or further authorization to do so:
1) To pursue collection of delinquent taxes, accounts or other indebtedness due and owing the
City.
2) To cause warrants to be issued and served in ordinance violation cases.
3) To cause summonses to be issued for collection of forfeitures or fines in ordinance violation
cases.
4) To commence civil actions seeking compliance with ordinance requirements or restraining
actions not in compliance with ordinance requirements.
The City Attorney is authorized to take all necessary and appropriate actions with regard to the defense of
claims and other matters against the City, including coordination with insurance defense counsel as
required and the execution of settlement agreements that do not require the expenditure City funds,
without specific or further authorization to do so.
The City Attorney, in his/her discretion, is authorized upon a request from another unit of government to
render aid, assistance and advice to that unit of government provided doing so will not conflict with the
City Attorney’s duties and responsibilities to the City of Oshkosh.
INFORMED CONSENT.
The City consents to disclosure by the City Attorney, or their designee within the City Attorney’s office, of
information that may identify the City Attorney’s clients (i.e., the City) and/or information related to the
representation of the City Attorney’s client as provided herein.
The City’s consent as described through this Ordinance is limited to:
- Those situations where, in the discretion of the City Attorney, these disclosures would be in the best
interests of, and for the benefit of, the City; and,
- Consulting or collaborating with municipal attorneys, prosecuting attorneys, or others having
similar municipal expertise or governmental interests, such as the State Bar Association, the League
of Wisconsin Municipalities, or others with regulatory authority or expertise related to the
operation of the City.
The City’s consent as described in this Ordinance includes general municipal topics, trends, and issues;
proposed and enacted legislation at the local, state, and federal levels; and, matters that have been included
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in public statements, memoranda, or filings with courts or agencies.
The City’s consent as described in this Ordinance does not include circumstances and information related
to current or anticipated bargaining positions, specific details or strategies of pending or anticipated
litigation or regulatory actions, details of disciplinary proceedings, or disputes with other units of
government whose legal counsel may potentially receive the information through the City Attorney’s
disclosure.
The City may expand or retract the consent described in this Ordinance through subsequent formal action.
The City herein authorizes the City Manager to provide informed consent to the City Attorney for other
matters not specifically described herein at the City Manager’s discretion.
[Statutory Reference §§ 62.09(12) Wis. Stats.]
SECTION 2-25 CITY CLERK
The City Clerk shall perform the duties prescribed by Wisconsin Statutes, including Sections 62.09(11) and
those duties prescribed in Chapters 5-12 pertaining to elections. The City Clerk’s Office is responsible for
all official records of the city; preserving the records, actions and official minutes of the Common Council;
legal publications, issuance of liquor licenses and various permits and such other duties as may be
prescribed by statute and/or the City Manager, including the following:
• Maintains custody of city official records including council minutes, ordinances, resolutions,
contracts, agreements, insurance certificates, bonds, licenses, special assessments, annexations
and oaths of offices
• Serves as Recording Secretary for the Common Council including attending council meetings,
recording and preserving records of all council actions, posting of all meeting notices when
required
• Administer application process, issuance and renewal of all liquor/fermented malt licenses
granted by the Common Council along with operator/bartender and other licenses and permits
as required by local and state laws
• Publication of legal notices as required along with ordinance/resolutions and minutes of
Council
• Administer oaths of office to newly elected officials, firefighters, police officers; and appointees
to boards and committees
• Certify official documents
• Create and process cemetery deeds and perpetual care bonds
• Maintain custody of the city seal
• Serves as secretary of the Board of Review including posting of meeting notices coordinating
staff, board members and petitions; gathering and distributing necessary documents,
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maintaining accurate record of proceedings, and publishing legal notices as required
In the absence or disability of the City Clerk or in the case of a vacancy in the office of the City Clerk, the
Deputy City Clerk shall perform the City Clerk's duties and shall have power to administer oaths and
affirmation.
The City Clerk shall have the authority to correct any mere clerical error in any Council minutes, files,
or other documents, in any Resolution or Ordinance passed by Council or in the Municipal Code. Mere
clerical errors shall include errors in spelling, the use of one word for another where such misuse is
clearly identifiable, as “affect” for “effect”, plural for singular, misnumbering, mistakes in references to
sections, and such other minor errors and corrections as shall not affect the intent of any action taken.
[Statutory Reference § 62.09 (11) Wis. Stats.]
SECTION 2-26 ADMINISTRATIVE SERVICES
The Administrative Services Office shall be administering the Human Resources Division; administering
the General Services Division, and Administering the Information Technology Services Division, and such
other duties as the City Manager may prescribe.
(A) Human Resources Division
The Human Resources Division shall be responsible for recruiting and selection of employees;
maintaining personnel records; collective bargaining and other employment matters; and
administering the City’s workers compensation program, the Wisconsin Retirement Fund,
unemployment compensation, safety, training, liability insurance, health and life insurance.
(B) General Services Division
The General Services Division shall be responsible for ensuring purchases for city goods and
services are done in accordance with Chapter 12 of this Municipal Code; administering purchasing
solicitations, tools and procedures; providing facilities and equipment replacement/planning;
coordinating oversight and maintenance of General Services’ buildings/facilities; supervising the
Oshkosh Media operations.
(C) Information Technology Services Division
The Information Technology Services Division shall be responsible for developing and maintaining
the various computing and telecommunication systems facilities utilized by the City, coordinating
the activities of central services, including printing and mailing, and such other duties as the City
Manager may prescribe.
SECTION 2-27 RESERVED
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DIVISION 2. DEPARTMENTS
SECTION 2-28 PUBLIC WORKS
(A) Director of Public Works
The Director of Public Works shall supervise the operations and functions of the Department of
Public Works and such other duties as directed by the City Manager. The Director of Public Works
shall be responsible to the City Manager. The Director of Public Works shall be the head of any
division of the Department of Public Works when a vacancy exists. The Assistant Director of Public
Works shall be Acting Director of Public Works while the Director of Public Works is absent from
the City or incapacitated or a temporary vacancy exists in the position of Director of Public Works.
(B) Duties
The duties of the Department of Public Works shall include the following:
(1) Preparation of plans and specifications;
(2) Supervision of construction projects;
(3) Coordination of non-city owned utility construction with City maintenance and
improvement construction projects;
(4) Review and permitting of Non-City owned utility construction within the City’s right-of-
way;
(5) Setting of street and sidewalk grades;
(6) Maintaining a current City boundary description and coordinating with GIS staff for
updating the description in the City GIS system;
(7) Maintaining current records and locations of all City owned utilities;
(8) Street maintenance;
(9) Leaf collection;
(10) Sewer maintenance including cleaning, televising, and manhole repair;
(11) Weed cutting;
(12) City owned parking lot maintenance, including snow plowing and removal, crack filling,
and pavement patching;
(13) Operation and maintenance of the Water Filtration Plant, former pretreatment basin, water
storage tanks, high pressure zone booster station, pressure regulating valve stations,
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hydrants, water meters, and all water lines owned or operated by the City;
(14) Operation and maintenance of the Wastewater Treatment Plant all pump stations connected
to the sewer system, and all sewage force mains connected to those pump stations;
(15) Operation and maintenance of the City owned stormwater facilities and all appurtenant
structures connected to the system, including lift stations;
(16) Collection of refuse and recyclables;
(17) Maintain all Department and other City owned vehicles, dispense fuel and oil, operate a
stock room and garages necessary for housing of City vehicular equipment, maintain cost
records on each piece of equipment; and
(18) Such other duties as may be assigned by the City Manager.
SECTION 2-29 DEPARTMENT OF FINANCE
(A) Director of Finance
The Director of Finance shall perform the duties prescribed by the Wisconsin Statutes, particularly
sections 62.09(9) and (10) thereof and shall be responsible for planning, reporting and controlling all
financial affairs of the city; the Director shall supervise the operations and functions of the
Department of Finance; shall act as Budget Control Officer; assist the City Manager in the
preparation of the budget; perform the statutory duties of City Treasurer and Comptroller; and
such other duties as directed by the City Manager. The Deputy Director of Finance shall be acting
Director of Finance and be responsible for the statutory duties of City Treasurer and Comptroller
while the Director of Finance is absent or incapacitated.
(B) Duties
The duties of the Finance Department shall include:
(1) Collection of all accounts receivable, including taxes, special assessments, fees, non-moving
violation fines, water, sewer, departmental earnings, etc.
(2) Maintain the administration of the parking program to include tickets issuance and public
sale of parking permits in city lots.
(3) Execution of trust funds.
(4) Make and Record bond payments.
(5) Preparation of current cash statement.
(6) Invest idle funds.
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(7) Post tax payments to tax roll.
(8) Tax Settlement to County.
(9) Payment of City Bills and Obligations.
(10) Processing of accounts receivable.
(11) Issuance of accounting statements.
(12) Maintain cost records for water utility.
(13) Preliminary budget preparation.
(14) Internal auditing.
(15) Preparation of Payroll.
(16) Oversee collection and aging of Ambulance Revenues.
(17) Such other duties as may be assigned by the City Manager.
(C) Pursuant to Section 70.67(2), of the Wisconsin Statutes, as may be amended from time to time, the
city shall be obligated to pay, in case the Director of Finance shall fail to do so, all state and county
taxes required by law to be paid by such Director to the County Treasurer.
[Statutory Reference § 62.09 (9) & (10) Wis. Stats.]
SECTION 2-30 FIRE DEPARTMENT
(A) Purpose
The Fire Department shall be organized primarily to provide for the personal safety, protection of
life and property of the inhabitants of the City of Oshkosh, from the adverse effects of fires, medical
emergencies or other dangerous conditions, whether manmade or natural. The Fire Department
shall perform such other duties as may be prescribed by the City Manager, providing these duties
do not interfere with the primary duties of the Department.
(B) Fire Chief to Supervise Operations
The Fire Chief shall supervise and command the operations of this Department and perform such
other duties as directed by the City Manager. The Fire Chief shall be under the direction of the City
Manager for the operation of the Fire Department.
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(C) Submission of information to Board of Police and Fire Commissioners by Fire Chief
Since the Fire Chief is appointed by and subject to removal by the Board of Police and Fire
Commissioners, the Fire Chief shall provide any information requested by the Board which, in the
Board's opinion, might help its members evaluate the Chief's performance in executing the
Manager's directives and directing and supervising the operations of the Fire Department and
evaluating employee job performance. [Statutory Reference §62.13 Wis. Stats.]
SECTION 2-31 POLICE DEPARTMENT
(A) Function; Organization
The Police Department shall be organized primarily for the enforcement of the laws of the State of
Wisconsin and the ordinances of the City of Oshkosh and for the purposes of crime and accident
prevention.
(B) Police Chief to Supervise Operations
The Police Chief shall supervise and command the operations of this Department and perform such
other duties as directed by the City Manager. The Police Chief shall be under the direction of the
City Manager in the operation of the Police Department.
(C) Submission of information to Board of Police and Fire Commissioners by Chief of Police
Since the Police Chief is appointed by and subject to removal by the Board of Police and Fire
Commissioners, the Police Chief shall provide any information requested by the Board which, in
the Board's opinion, might help its members evaluate the Chief's performance in executing the
Manager's directives, and directing and supervising the operations of the Police Department and
evaluating employee job performance. [Statutory Reference §62.13 Wis. Stats.]
SECTION 2-32 DEPARTMENT OF PARKS
(A) The Director of Parks
The Director of Parks shall supervise the operations and functions of the department of Parks and
such other duties as directed by the City Manager. The Director of Parks shall be responsible to the
City Manager. The Director of Parks shall be the head of any division of the Department of Parks
when a vacancy exists. The Assistant Director of Parks shall be Acting Director of Parks while the
Director of Parks is absent from the City or incapacitated or a temporary vacancy exists in the
position of Director of Parks.
The Director of Parks shall perform the following duties and such other duties as may be prescribed
by the City Manager:
(1) Shall provide for the operation and maintenance of all parks, playgrounds, and any other
recreational facilities owned or acquired by the City;
(2) Shall provide for the operation and maintenance of Pollock Water Park and Leach
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Amphitheatre;
(3) Oversee the operation of the Forestry Division and Senior Services Division; and
(4) Operate and maintain municipal cemeteries.
SECTION 2-33 DEPARTMENT OF TRANSPORTATION
(A) Director of Transportation
The Director of Transportation shall supervise the operations and functions of the Department of
Transportation and such other duties as directed by the City Manager. The Director of
Transportation shall be responsible to the City Manager. The Director of Transportation shall be
the head of any division of the Department of Transportation during a period in which a vacancy
exists. The Director of Transportation shall appoint an assistant to be Acting Director of
Transportation while the Director of Transportation is absent from the City or incapacitated or a
temporary vacancy exists in the position of Director of Transportation.
(B) Duties
The Department of Transportation shall be responsible for the following duties:
(1) Maintain and operate the transit system as General Manager within the City;
(2) Oversee the Sign Division including signage, street markings and traffic engineering as
needed; and
(3) Oversee the operation of the Electrical Division
(4) Oversee the city’s public parking lots and parking policies
SECTION 2-34 DEPARTMENT OF COMMUNITY DEVELOPMENT
(A) Director of Community Development
The Director of Community Development shall supervise the operations and functions of the
Department of Community Development and such other duties as directed by the City Manager.
The Director of Community Development shall be responsible to the City Manager. The Director of
Community Development shall be the head of any division of the Department of Community
Development when a vacancy exists. The Director of Community Development shall appoint an
assistant to be Acting Director of Community Development while the Director of Community
Development is absent from the City or incapacitated or a temporary vacancy exists in the position
of Director of Community Development.
(B) Duties
The duties of the Department of Community Development shall include the following:
(1) Operation of the Economic Development Services Division which shall be responsible for
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the City’s economic and business development efforts.
(2) Operation of a Planning Services Division with such responsibilities as defined under
section 62.23 of the Wisconsin Statutes, and which shall aid the City Manager in gathering
facts and analyzing data necessary in making recommendations to the Common Council
and the City Plan Commission;
(3) Operation of an Inspection Services Division which shall perform the protective inspection
services, such as plumbing inspection, electrical inspection, building inspection, weights
and measures inspection, and housing inspection; and
(C) Operation of the Assessment Services Division
The Assessment Services Division shall be managed by the City Assessor who shall be under the
direction and supervision of the Director of Community Development. This Division shall perform
the duty of maintaining current assessments on all property within the City, in accordance with
State Statutes, and such other duties as directed by the Director of Community Development. In
the Assessor's absence, the Director of Community Development shall manage this Division.
(1) Confidentiality Required
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), of the Wisconsin Statutes,
or any successor statute, 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 such
information may be revealed to and used by persons: (a) in the discharge of duties imposed
by law; (b) 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 the performance of its official duties; or (c) pursuant to order of a court.
Income and expense information provided to the Assessor under Section 70.47(7)(af), of the
Wisconsin Statutes, unless a court determines that it is inaccurate, is not subject to the right
of inspection and copying under Section 19.35(1) of the Wisconsin Statutes.
(2) Property Record Maintenance Fee
The City of Oshkosh Assessor Division creates and maintains property records for all real
estate parcels within the jurisdiction of the City of Oshkosh. In order to recover the costs
associated with the processing of requested changes and permits for new construction,
remodeling, and additions, the governing body authorizes a property record maintenance
fee. The fees referred to in this section shall be established by the governing body and may
from time to time be modified by resolution. A schedule of the fees established by the
governing body shall be available for review in the City Assessor’s offices and the City
Clerk’s office, City Hall, 215 Church Avenue, Oshkosh, Wisconsin.
(3) Such other duties as may be assigned by the City Manager.
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SECTION 2-35 PUBLIC MUSEUM
The Director of the Oshkosh Public Museum shall supervise the operations and functions of the Oshkosh
Public Museum in accordance with the policy direction of the Oshkosh Public Museum Board and as
directed by the City Manager.
(A) The Director of the Oshkosh Public Museum shall administer the City’s policies and
programs pertaining to the museum, public arts and landmarks.
(B) Duties
(1) The Director shall be the chief executive officer exercising all executive and
administrative authority for the Oshkosh Public Museum.
(2) The Director shall serve as staff liaison to the Museum, Arts and Culture Board.
(3) Serve as staff liaison to the City’s Landmarks Commission.
ARTICLE VI. CITIZENS ADVISORY BOARDS AND COMMISSIONS
DIVISION 1. GENERAL PROVISIONS
SECTION 2-36 RULES, MINUTES, NOTICE AND COMPENSATION
Unless specifically modified elsewhere in this Code, the following provisions shall apply to all boards or
commissions of the City of Oshkosh:
(A) Notwithstanding anything to the contrary contained within this Municipal Code, terms for citizen
members of all advisory boards, commissions and committees, whether enumerated in this Chapter
or elsewhere in this Code, shall begin on June 1 and shall terminate on May 31 of the respective
year; except that the terms for Board of Review shall begin on May 1 and shall terminate on April
30 of the respective year. Terms for Council members shall begin upon appointment and shall
continue until new appointments are made, but shall terminate automatically if the person no
longer serves on the Council. Terms for individuals appointed by virtue of the person’s position or
title shall begin upon the person taking the position or title and shall automatically terminate for
that individual when that person no longer holds the position or title.
(B) Except for boards and commissions specifying a particular membership by the person’s position or
title and members of the Library Board and BID Board, all persons appointed to or serving as a
member of a standing board or commission of the City shall be residents of the City of Oshkosh. A
vacancy is created whenever a member who is required under this section to be a resident of the
City of Oshkosh ceases to be a resident of the City of Oshkosh.
(C) Individuals shall serve on no more than two (2) boards or commissions for the City of Oshkosh.
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(D) In order to provide continuity, appointments to boards and commissions shall be made upon a
staggered basis so that a proportionate share of each board or commission is initially appointed for
staggered terms and thereafter appointed for full terms.
(E) Boards and commissions shall hold regular meetings at a regular time and place as fixed by the
board or commission. Special meetings may be called by the chairperson upon written notice to the
members. Meetings shall be duly and properly noticed and open to the public as provided by law.
(F) Boards and commissions shall generally be governed by such rules of order as the Council may
adopt from time to time as may be necessary for the efficient conduct of business. Boards and
commissions may, in addition to those general rules, adopt specific rules for their governance and
procedures as may be appropriate for the conduct of business before the individual board or
commission. The most recent version of Roberts Rules of Order may be used for guidance if a
matter is not addressed within the adopted Rules of Order.
(G) Each board and commission shall keep minutes of its proceedings, showing the vote of each
member upon each question, or if absent or failing to vote, indicating such fact, and shall keep
records of its examinations and other official actions, all of which shall be immediately filed with
the secretary of the board or commission or with the City Clerk and shall be public records.
Minutes of the meetings shall be forwarded to the City Council.
(H) Each board and commission shall elect from its membership a chairperson who shall preside at all
meetings and a vice chairperson who shall exercise the powers of chairperson in the absence or
disability of the chairperson. Each shall serve one-year terms, until a successor is elected and
qualified.
(I) No compensation shall be paid to any board or commission member for service as such, but
members may be reimbursed for actual and necessary expenses incurred in performing related
duties outside the City if so authorized by the board or commission and approved by the City
Manager.
(J) A majority of the membership shall constitute a quorum. A lesser number may adjourn. A
majority vote of those members present and voting shall be necessary to adopt any motion. In the
event that a board or commission member declines to vote, except as provided below, the secretary
shall record the vote as “present” and that member shall not be counted toward the number present
and shall not have their vote counted as either “aye” or “no” in relation to the matter. In the event
that a board or commission member declines to vote and by declining to vote, the board or
commission member’s declining to vote shall reduce the number present at the meeting to below a
quorum of the board or commission, city staff shall consider the wishes of the applicant, any
statutory or ordinance time limits and any other considerations or limitations with respect to the
particular matter in determining whether to reschedule the matter before the board or commission
for further consideration, forward the matter to Council or take other action as may be appropriate
with regard to the matter.
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(K) The Mayor, subject to Council approval, or the chairperson, subject to board or commission
approval, may establish subcommittees for specific purposes as determined by the Council, or the
board or commission. These general provisions shall apply to all subcommittees.
(L) The Mayor, subject to Council approval, may appoint up to two (2) alternates to any board or
commission except the Police and Fire Commission, the Library Board or as otherwise may be
prohibited by law. Without regard to the length of term for other members of the Board or
Commission, the term for each alternate member shall be two (2) years. Alternates shall be
authorized to act in the place of and shall have all authority and responsibility to act as a member of
the board or commission in the absence or upon the recusal of any regular member of the board or
commission.
(M) The Mayor, subject to Council approval, may appoint up to two youth members, defined as persons
between the ages of 15-19, to any board or commission except the Police and Fire Commission, the
Library Board or as otherwise may be prohibited by law. Without regard to the length of term for
other members of the board or commission, the term for each youth member shall be one (1) year,
or such other term no longer than one (1) year, as may be specified within the appointing
Resolution (ex. an appointment for a semester or school year). Youth members shall not be
entitled to vote on matters but may participate in the discussion of legislative matters before the
board or commission in the same manner as other board or commission members, but may not
participate as a member of the board or commission in quasi-judicial matters that may come before
the board or commission.
DIVISION 2. BOARDS AND COMMISSIONS
SECTION 2-37 (REPEALED)
SECTION 2-38 BID BOARD
(A) Membership and Terms
The Downtown Oshkosh Business Improvement District (BID) Board shall consist of thirteen (13)
members appointed for three (3) year terms. Members shall be of the category necessary to ensure
Board representation stipulated by the annual operating plan.
(B) Duties and Responsibilities
The Board shall develop and implement an annual operating plan for the BID. [Statutory Reference
§66.1109 Wis. Stats.]
SECTION 2-39 (RESERVED)
SECTION 2-40 (RESERVED)
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SECTION 2-41 DIVERSITY, EQUITY AND INCLUSION COMMITTEE
(A) Membership and Terms
The Diversity, Equity, and Inclusion Committee shall consist of five (5) members, one (1) of
whom shall be a Common Council Member. Due consideration shall be given to ensuring
membership reflects the gender, racial, LGBTQ, and ethnic characteristics of the Oshkosh
community. Members shall be appointed and serve three-year terms, except the term of the
Common Council representative shall be a one (1) year term. Up to two (2) members of the
committee may be non-residents of the City of Oshkosh, in order to achieve greater
diversity on the committee and to offer additional perspective to the committee’s work.
The Director of Administrative Services or their designee shall serve as coordinator and
recording secretary for the Committee.
(B) Responsibility
The Diversity, Equity, and Inclusion Committee shall act as an advisory body to the City
Manager and Common Council in providing comment and support regarding appropriate
strategies to develop activities, resources, and services that promote a positive community
environment of equity and inclusion, and celebrate the diverse identities of the City of
Oshkosh.
(C) Support
The City of Oshkosh shall provide annual membership in and resources from the
Government Alliance on Race and Equity and/or other comparable organizations.
(D) Duties
(1) Serve as a resource, recommend goals, and advise the City Manager and Common
Council on existing and / or proposed city ordinances, program development and
actions, as well as best practices for health, housing and economic mobility, to
promote community equity and inclusion for all who live, work, and learn in a
diverse Oshkosh.
(2) Facilitate input from all geographic areas of Oshkosh, a broad spectrum of residents,
business leaders, students, and employees from diverse circumstances, to advance
the benefits of community diversity, equity, and inclusion.
(3) To educate the public about diversity, equity, and inclusion. The committee will
implement a public education plan, and actively plan, sponsor, and participate in
events that promote and celebrate diversity.
(4) Within one (1) year of creation, report to the City Manager and Common Council on
goals of the committee and identify (a) 5 – 7 equity performance measures for each
city department developed by each department, and approved by the Committee (b)
additional resources necessary to achieve said goals, (c) information relative to
community diversity, equity and inclusion to share with the general public and
underserved populations, and (d) best practices of community diversity, equity and
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inclusion for health, housing and economic mobility that the city may consider
adopting. Thereafter, the Committee shall annually report to the City Manager and
Common Council on specific progress on, and future goals tied to, department-level
equity performance metrics. Progress on all performance metrics shall be reported
in the annual city budget as part of the regular budget process, and be maintained
on a dedicated city website.
SECTION 2-42 SUSTAINABILITY ADVISORY BOARD
(A) Membership and Terms
The Sustainability Advisory Board shall consist of seven (7) members, one (1) of whom shall be a
Common Council Member. Members shall be appointed and serve three-year terms, except the
term of the Common Council representative shall be a one (1) year term. The Director of
Community Development or their designee shall serve as coordinator and recording secretary for
the Board.
(B) Responsibility
The Sustainability Advisory Board is charged with the responsibility of advising the City Manager
and Common Council on sustainability issues affecting municipal operations and the community at
large.
(C) Duties
(1) Promote sustainability in the community.
(2) Advise the City Manager and Common Council on existing and proposed City Ordinances
and actions and State and Federal regulations pertaining to sustainability.
(3) Facilitate citizen and agency input pertaining to sustainability.
(4) Collaborate in the development and monitor implementation of a Community
Sustainability Plan.
SECTION 2-43 FAIR HOUSING COMMISSION
(A) Membership and Terms
The Fair Housing Commission shall be comprised of five (5) members, in addition to the Director of
Community Development or designee, who shall be secretary thereof, without vote. Appointments
shall be for three year terms.
(B) Powers and Duties of Commission
The Fair Housing Commission shall be as prescribed in section 16-7 of this Municipal Code.
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SECTION 2-44 LONG RANGE FINANCE COMMITTEE
(A) Membership and Terms
The Long Range Finance Committee shall consist of five (5) members, one (1) of whom shall be a
Common Council Member. Members shall be appointed and serve three-year terms, except the
term of the Common Council representative shall be a one (1) year term.
(B) Purpose, Duties and Functions
The Long Range Finance Committee shall have the responsibility to advise the Common Council on
policy issues related to the City’s finances including areas such as policy development,
communications, and the impact of state legislation.
SECTION 2-45 (RESERVED)
SECTION 2-46 (RESERVED)
SECTION 2-47 REPEALED (formally PUBLIC ARTS AND BEAUTIFICATION COMMITTEE)
SECTION 2-48 LANDMARKS COMMISSION
(A) Membership and Terms
The Landmarks Commission shall be composed of no more than seven (7) voting members
consisting of: six (6) citizen members, and one (1) Council Member. The Director of the Oshkosh
Public Museum or designee shall serve as coordinator and recording secretary for the
Commission. Citizen Members shall serve three (3) year terms. In addition to these voting
members, the Director or his/her designee of the Paine Art Center and Gardens shall be a non-
voting members of the Commission.
(B) Duties, Purposes, and Functions
The Landmarks Commission:
(1) Shall recommend to the City Council those historic sites, structures, and districts which are of
sufficient significance to be classified as landmarks and the criteria under which these were
developed.
(2) May receive and expend funds for the benefit of protecting, supporting or promoting the City's
historic, architectural and cultural heritage.
(3) Shall report to the Oshkosh City Council as requested to review its work program and
expenditures.
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(4) Shall foster the protection, enhancement, and perpetuation of historic improvements and of
districts which represent or reflect elements of the City's cultural, social, economic, political and
architectural history.
(5) Shall safeguard and foster civic pride in the City's historic and cultural heritage as embodied
and reflected in landmarks and historic districts.
(6) Shall cooperate with the City administration to provide information on historic resources to be
used to comply with relevant State laws.
(7) Shall implement and regulate the provisions of Article XIV, of Chapter 30 of this Code, Historic
Preservation. [Statutory Reference §62.23(7) (me) Wis. Stats.]
(8) Advise and assist the City Administration and Common Council concerning capital
improvements proposed for the Grand Opera House that may impact the historical significance
of the facility.
(9) Provide recommendations to the Common Council on the use of proceeds from donations made
to the City and deposited with the City Treasurer into a special fund for purposes of
supporting, adding to, or improving the Grand Opera House. All expenditures from said fund
shall be solely for the purpose of adding to or improving the Grand Opera House, and shall be
spent solely with the approval of the Oshkosh City Council.
SECTION 2-49 LIBRARY BOARD
(A) Membership and Terms
The Library Board shall consist of nine (9) members who shall be appointed for three-year terms.
Eight members shall be residents of the City of Oshkosh except that not more than two (2) members
may be residents of towns adjacent to the municipality, who shall be appointed by the Mayor with
the concurrence of the Council. The Superintendent of Schools or his/her representative shall be an
additional member of the Board. Up to five (5) additional members may be appointed by the
County as provided in Sec. 43.60(3) Wis. Stats. [Wisconsin Statutes Section 43.54]
(B) Duties and Powers
The Library Board supervises the administration of the Library. The Library Board establishes all
policies governing the management and operation of the Library and the Board has the power to
contract for the extension of Library Services. [Wisconsin Statutes Section 43.52 and 43.58]
(C) Employees
The Library Board shall appoint a librarian, who shall appoint such other assistants and employees
as the Library Board deems necessary, and who prescribes their duties and compensation.
[Wisconsin Statutes Section 43.58]
(D) Budget
The Library Board shall have exclusive control of the expenditure of all moneys collected, donated,
or appropriated for the Library Fund, and of the purchase of a site and the erection of Library
Buildings whenever authorized. The Library Board also shall have exclusive charge, control and
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custody of all lands, buildings, money or other property devised, bequeathed, given or granted to,
or otherwise acquired or leased by, the municipality for library purposes. [Statutory Reference
Chapter 43, Wis. Stats.]
SECTION 2-50 REPEALED
SECTION 2-51 ADVISORY PARK BOARD
(A) Membership and Terms
The Advisory Park Board shall consist of five (5) members, one of whom shall be a City Council
Member. Members shall be appointed and serve three-year terms, except the term of the Common
Council representative shall be a one (1) year term.
(B) Functions
The Advisory Park Board is empowered and directed to:
(1) Advise and assist the City Parks Director, City Administration, Common Council, and
Planning Commission in planning and developing the Oshkosh Park System to include
parks, open spaces, forestry, municipal cemeteries, waterways, and other related areas.
(2) Participate in the development of the Parks Capital Improvement Program and annually
recommend priorities.
(C) Coordination of the Advisory Park Board with other Governmental Units
Prior to acting on the Park Capital Improvements Budget or any Park Acquisition or sale the
Common Council and Planning Commission shall obtain an advisory review from the Park Board.
SECTION 2-52 PLAN COMMISSION
(A) Membership and Terms
The City Plan Commission shall consist of one (1) Council person and eight (8) citizens so that the
Commission shall consist of nine (9) members. Citizen members shall be persons of recognized
experience and qualifications. The term of the eight (8) citizen members shall be for a three (3) year
term. The council member shall serve for a term of one (1) year.
(B) Functions and Duties
The functions and duties of the Commission shall be as prescribed in Chapter 30 of this Code and in
Section 62.23 of the Wisconsin Statutes. [Statutory Reference §62.23 Wis. Stats.]
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SECTION 2-52.1 EXTRATERRITORIAL ZONING COMMITTEE
(A) Membership and Terms.
The Extraterritorial Zoning Committee shall consist of three (3) citizen members of the Plan
Commission and two (2) alternate citizen members of the Plan Commission.
(B) Functions and Duties.
The functions and duties of the Extraterritorial Zoning Committee shall be as prescribed in Chapter
30 of this Code and in Section 62.23(7a) of the Wisconsin Statutes as it relates to the Town of
Algoma. [Statutory Reference §62.23(7a)(c) Wis. Stats.]
SECTION 2-53 BOARD OF POLICE AND FIRE COMMISSIONERS
(A) Membership and Terms
The Board of Police and Fire Commissioners shall consist of five (5) citizens who shall be appointed
by the Mayor for a term of five years.
(B) Functions and Duties
The Board shall have such functions and duties as are prescribed by the Wisconsin Statutes,
particularly section 62.13 thereof. [Statutory Reference §62.13 Wis. Stats.]
SECTION 2-54 OSHKOSH MUSEUM, ARTS AND CULTURE BOARD
(A) Membership and Terms
The Oshkosh Museum, Arts and Culture Board shall consist of five (5) members, one (1) of whom
shall be a Common Council Member. Members shall be appointed and serve three year terms,
except the term of the Common Council representative shall be a one (1) year term.
(B) Duties and Responsibilities Pertaining to the Oshkosh Public Museum
(1) General Powers
The Board shall have power to manage, control, and operate the Museum through the
establishment of strategic and other plans and the setting of policies related to the care,
maintenance and acquisition/disposal of the Museum and Museum property including
appurtenances, fixtures, furniture and items within exhibits or collections, where such
policies are not inconsistent with the ordinances and policies of the City of Oshkosh.
(2) Acquisition, Disposition, Care and Management of Property
The Board shall have power to accept all gifts, donations, bequests, grants, and devises of or
to direct the purchase of property, both real and personal with funds budgeted for such
purposes or with donated funds, for the enrichment and improvement of the Museum
collections and properties, provided, however, that, before accepting grants, devises, or gifts
of or otherwise acquiring real estate, such acquisition of real estate must be approved by the
Common Council. All books, specimens and other personal property within the museum
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collections shall be under the care, management and control of the Board who may provide
for the disposition of such property in accordance with policies which the Board may adopt.
(3) Employees
The Board shall recommend a Director to be appointed by the City Manager to be the chief
executive officer exercising all executive and administrative authority for the Oshkosh
Public Museum. Other employees may be employed as deemed necessary for the proper
operation, management, and functioning of the Museum as authorized within the City’s
organizational chart and current city budget. The compensation for the Director and all
employees shall be included in the budget submitted to the City Manager and presented to
the Common Council for approval.
(4) Approval of Annual Budget / Appropriated Funding
The Board shall annually review the budget for the Museum to be submitted to the City
Manager for review and submittal to the Common Council for approval. Funds
appropriated to the Museum by the Common Council shall be used for the purposes
appropriated and shall not be used for any purpose other than for the operation, care and
maintenance of the Museum.
(5) Other Revenue
The Board shall have the power to derive additional revenues in proper legal ways which
the members shall from time to time agree upon, to be expended at the direction of the
Museum Board for Museum purposes.
(6) Trust Funds, Monetary Gifts and Contributions
The City Treasurer shall set up accounts on the books as appropriate, for the purpose of
supporting the Oshkosh Public Museum. All gifts or contributions, or the proceeds
therefrom in the form of money shall be deposited by the Museum Board with the City
Treasurer and shall be credited to such funds.
The Board shall have control over the expenditure of all money devised, bequeathed, given
or granted to, or otherwise acquired by the Museum and/or the City for Museum purposes.
All expenditures from said funds shall be made in accordance with the intent of the donors
and in accordance with the provisions of any trust document or other instrument of gift and
made solely for the purpose of adding to or improving the various collections and exhibits
or for the care, maintenance or improvement of the Museum or Museum property. All
disbursements from such funds, unless otherwise provided by the donor, shall be made
solely at the discretion of the Museum Board without further approval required.
Bonds or securities devised, bequeathed, given or granted to the Museum shall be invested
in accordance with municipal statutes governing the investment of public funds or may be
converted to cash as deemed appropriate by the Director of Finance.
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The Museum Board shall have management and control over investments but such trusts or
similar funds established for the benefit of the Museum shall be invested in accordance with
the laws, rules and policies governing the investment of public funds.
(7) Expenditures
Expenditures shall be made consistent with the approved budget and with City ordinances
and City and Museum policies. Capital Expenditures shall require Council approval.
(8) Code of Ethics
The relations between the Museum and the public, between museums, between the Director
and the Museum Board, between the Director and other museum employees, between other
museum employees and the Director, and between museum employees shall be governed
in all respects where possible and practicable by the Code of Ethics of the American
Alliance of Museums, and it shall be the further duty of the Museum Board to enforce said
code whenever need for such enforcement is called to its attention.
(C) Duties Pertaining to Public Art and Art in Public Places
(1) Terms Defined
a) Public Art. The term “Public Art” or “Art in Public Place” means any Work of Art
acquired by the City and displayed on city-owned property in an area open or viewable
by the public, on the exterior of city-owned facility, or on non-City property open to or
viewable by the public if the artwork is installed or financed, in whole or in part, with
City funds or grants procured by the City, or if the artwork is owned by, donated to, or
on loan to the City.
b) Work of Art. The term “Work of Art” means any application of skill and taste to the
production of tangible objects according to aesthetic principles, including but not
limited to paintings, sculptures, engravings, carvings, frescoes, mobiles, murals,
collages, mosaics, statues, tapestries, photographs, drawings and ceramics, but
excluding purely structural or supportive elements, advertising, or those required by
applicable law, code, rule or regulation.
(2) Purpose, Duties, and Functions.
The Museum, Arts and Culture Board shall have the responsibility to:
a) Promote Public Art in the community.
b) Advise the City Manager, Common Council and appropriate boards and
commissions on matters pertaining to Public Art and art in public places and the
planning and development of policies and projects for Public Art.
c) Advise the Common Council on Gifts or donations of Public Art pursuant to the City
of Oshkosh Gifts and Donations Policy.
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d) Receive and expend funds for the benefit of protecting, supporting or promoting
Public Art
(D) The provisions of this section are not intended to supersede collections governed by policies of
the Oshkosh Public Museum or Oshkosh Public Library.
SECTION 2-55 BOARD OF PUBLIC WORKS
The duties of the Board of Public Works as set forth in the Wisconsin Statutes, particularly Section 62.14
thereof, shall be exercised by the City Manager. [Statutory Reference §62.14 Wis. Stats.]
SECTION 2-56 BOARD OF REVIEW
(A) Composition
The Board of Review shall consist of five (5) members, each being residents of the City of Oshkosh,
none of whom shall occupy any public office or be publicly employed. Members and alternates
shall serve for five-year terms and shall be appointed by the Mayor with approval of the Common
Council. Alternates shall serve when a member is absent from a hearing or hearings, or is
otherwise unable to participate in a hearing or hearings pursuant to Sec. 70.47(6m), Wis. Stats. In
addition, the City Clerk shall serve as a non-voting member of the Board.
(B) Functions and Duties
The Board shall have such functions and duties as are prescribed by the Wisconsin Statutes,
particularly Section 70.45 and Section 70.47 thereof. [Statutory Reference §70.46 Wis. Stats.]
(C) Notwithstanding section 2-36(I), each member of the Board of Review shall receive
compensation in the amount to be established from time to time by resolution of the Common
Council for attendance at training sessions; attendance for hearings and other matters when the
Board of Review is in session, including breaks as may be provided; and for time spent in
review of a transcript, recording and/or summary of evidence as provided in section 70.47(9) of
the Wisconsin Statutes, as may be required for a determination by a quorum of the Board.
SECTION 2-57 TRANSPORTATION COMMITTEE
(A) Membership and Terms
The Transportation Committee shall be composed of five (5) members. The Director of
Transportation or designee shall serve as the coordinator for the Committee. The Committee shall
be comprised of four (4) citizen members who shall serve three (3) year terms and one (1) Council
Member who shall serve a one (1) year term.
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(B) Functions and Duties
(1) Traffic. The Committee shall study and recommend to the Common Council on all matters
involving vehicular traffic, intersectional traffic flow, speed limits, pedestrian right of ways,
crosswalks, bus stops, school zones, and bicycle lanes.
(2) Parking in General.
(a) Advise City staff and the Common Council with respect to the goals and objectives of public
parking in the City, as it pertains to the parking areas under its jurisdiction.
(b) Advise the Common Council on all matters involving the operations of parking areas under
its jurisdiction, including establishment of parking rates, time limits, availability of and
requirements for leased and permit parking.
(c) Recommend to the Common Council all matters involving the City’s inventory of parking
infrastructure, including, acquisition and disposition of land, proposed property
improvements, and investments in revenue collection technology.
(d) Review requests to restrict access to parking areas under its jurisdiction, and provide
recommendations to the Common Council as to whether such reservations are consistent with
the goals and objectives of public parking in the City.
(3) On Street Parking. The Committee shall study and recommend to the Common Council on all
matters involving on–street parking.
(4) Municipal Parking Lots. The Committee shall study and recommend to the Common Council
on all matters involving off-street parking in the following municipal parking lots:
(a) 300 West Lot, at the southeast corner of the intersection of Algoma Boulevard and Brown
Street and the area on High Avenue bordering the Grand Opera House to the west
(b) Convention Center North Lot, at the northeast corner of the intersection of Ceape Avenue
and State Street
(c) Grand Lot, between High Avenue and Pearl Avenue, and west of Market Street
(d) 400 East Lot, at the southwest corner of Jefferson Street and Merritt Avenue
(e) 200 East Lot, at the northwest corner of the intersection of Otter Avenue and State Street
(f) Otter Lot, on the south side of Otter Avenue between State Street and Court Street
(g) Convention Center East Lot, on the south side of Ceape Avenue, bordering the Oshkosh
Convention Center on the east
(h) State Lot, on the east side of State Street between Waugoo Avenue and Washington Avenue
(i) 300 East Lot, at the southwest corner of the intersection of State Street and Washington
Avenue
(j) 400 West Lot, on the east side of Division Street between Church Avenue and Algoma
Boulevard
(k) 500 West Street Lot, at the northeast corner of Church Avenue and Division Street
(l) 8th North Lot, on the north side of 8th Avenue, east of Oregon Street
(m) 9th South Lot, behind the west side of Oregon Street between 9th Avenue and 10th Avenue
(n) 10th South Lot, on the south side of 10th Avenue, east of Oregon Street
(5) Private Parking Lots under Municipal Agreements. The Committee shall study and
recommend to the Common Council on all matters involving off-street parking in the following
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private parking lots, according to filed agreements with the respective property owners:
(a) City Center Lot, at the southwest corner of Market Street and Pearl Avenue
(b) 200 West Lot, at the northwest corner of Main Street and Pearl Avenue
(c) Rec Gym Lot, on the west side of Division Street between Church Avenue and Algoma
Boulevard.
(6) Parking Lots not included in Committee’s Authority. The Committee shall not have jurisdiction
over off-street parking areas wholly included in the boundaries of a municipal park. The
Committee shall also not have jurisdiction over the Leach Lot (adjacent to the Leach
Amphitheater, south of Ceape Avenue and east of Court Street).
The Committee shall not have jurisdiction over parking lots on municipal property designated
to exclusively serve City facilities, including but not limited to City Hall, the Safety Building and
Library.
(7) The Committee shall guide and assist in the implementation of improved transit service to the
City of Oshkosh. The Committee will monitor the level of transit service provided to ensure an
efficient and effective operation.
(8) The Committee will make recommendations on major route, service and/or fare changes.
(9) Bicycle and Pedestrian Matters
The Committee shall:
(a) advise the Common Council with respect to recommendations on bicycle/pedestrian
matters.
(b) assist with developing, implementing, and updating the City’s Bicycle and
Pedestrian Circulation Plan.
(c) coordinate education, encouragement, and outreach activities across City
departments, other government agencies, non-profit organizations, and the private
sector.
(d) make recommendations on capital and maintenance projects to improve bicycle and
pedestrian safety and mobility.
SECTION 2-58 (RESERVED)
SECTION 2-59 BOARD OF APPEALS
(A) Membership and Terms
The Board of Appeals shall consist of five (5) members appointed for a term of three years.
(B) Functions and Duties
The Board of Appeals shall have the duties and powers prescribed in Section 62.23 of the Wisconsin
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Statutes and Chapter 30 of this Municipal Code. [Statutory Reference §62.23(7)(e) Wis. Stats.]
SECTION 2-60 (RESERVED)
ARTICLE VII. PERSONNEL
DIVISION 1. EMPLOYEES
SECTION 2-61 REPRESENTED EMPLOYEES.
Employees as defined in Section 111.70 of the Wisconsin Statutes shall be governed and controlled insofar
as wages, hours and conditions of employment are concerned by labor agreements entered into between
the various employee representatives and the City of Oshkosh.
SECTION 2-62 NON-REPRESENTED EMPLOYEES.
Non-Represented employees shall be governed by rules and regulations adopted by the City Manager and
approved by the Common Council of the City of Oshkosh with regard to wages, hours, and conditions of
employment.
DIVISION 2. WORKER'S COMPENSATION AND INSURANCE
SECTION 2-63 WORKER'S COMPENSATION RESERVE FUND
(A) Funds Obtained From Appropriations
The Worker's Compensation Reserve Fund of the City shall be kept as a separate fund under said
title by the City Treasurer. The fund shall consist of all unexpended appropriations, if any,
provided for in the current budget each year for payment of worker's compensation claims as of the
close of the City's business day on December 31st each year hereafter. The Treasurer shall, at the
close of each year, credit the unexpended appropriations, if any, to the Worker's Compensation
Reserve Fund.
(B) Fund Limited to $100,000.00
When the Worker's Compensation Reserve Fund shall have reached One Hundred Thousand
Dollars ($100,000.00) in amount, the City Treasurer shall discontinue crediting any further
unexpended appropriations as aforesaid to the fund.
(C) Deficiencies to be Made Up from Reserve Fund
If worker's compensation claims, payable by the City in any one year, shall exceed the amount
appropriated in the budget for the year for such purposes, then the claims in excess of the current
appropriations shall be paid to whatever extent necessary or possible out of the Worker's
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Compensation Reserve Fund. In any event, the City Treasurer shall continue to credit the
unexpended appropriations, if any, to the Worker's Compensation Reserve Fund at all times when
the fund shall amount to less than One Hundred Thousand Dollars ($100,000.00).
ARTICLE VIII. PENALTIES
SECTION 2-64 PENALTIES
Any person who shall violate any of the provisions of this Chapter or of any Section thereof, shall, upon
conviction thereof, be punished by a forfeiture of not less than $75.00 nor more than $500.00, together with
the costs of prosecution, and in default of payment thereof, by imprisonment in the County Jail for a period
not to exceed sixty (60) days. Each day of violation shall constitute a separate offense.