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HomeMy WebLinkAboutChapter 02 - Administration City of Oshkosh Municipal Codes Revised 09/14/2021 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 2-25 CITY CLERK City of Oshkosh Chapter 2—Page 1 Municipal Codes City of Oshkosh Municipal Codes Revised 09/14/2021 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 2-34.1 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 COMMITTEE ON AGING 2-38 BID BOARD 2-39 BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE (Created 12/13/11) 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 (OSHKOSH C.A.N. BOARD—repealed 5/11/04) 2-41 DIVERSITY, EQUITY AND INCLUSION COMMITTEE 2-42 SUSTAINABILITY ADVISORY BOARD(Formerly ENERGY&ENVIRONMENT—repealed 4/14/09) 2-43 FAIR HOUSING COMMISSION 2-44 LONG RANGE FINANCE COMMITTEE 2-45 DELETED (ADVISORY GRAND OPERA HOUSE BOARD-5/22/18) 2-46 RESERVED. 2-47 PUBLIC ARTS ADVISORY COMMITTEE 2-48 LANDMARKS COMMISSION 2-49 LIBRARY BOARD 2-50 REPEALED 2-51 ADVISORY PARK BOARD 2-52 PLAN COMMISSION 2-52.1 EXTRATERRITORIAL ZONING COMMITTEE 2-53 BOARD OF POLICE AND FIRE COMMISSIONERS 2-54 PUBLIC MUSEUM BOARD 2-55 BOARD OF PUBLIC WORKS 2-56 BOARD OF REVIEW 2-57 TRAFFIC AND PARKING ADVISORY BOARD 2-58 TRANSIT ADVISORY BOARD 2-59 BOARD OF APPEALS City of Oshkosh Chapter 2—Page 2 Municipal Codes City of Oshkosh Municipal Codes Revised 09/14/2021 2-59.2 RENTAL HOUSING ADVISORY BOARD 2-60 STORM WATER UTILITY APPEALS BOARD ARTICLE VII.PERSONNEL DIVISION 1. EMPLOYEES 2-61 REPRESENTED EMPLOYEES 2-62 NON-REPRESENTED EMPLOYEES DIVISION2. WORKMEN'S COMPENSATION AND INSURANCE 2-63 WORKMEN'S COMPENSATION RESERVE FUND ARTICLE VIII. PENALTIES 2-64 PENALTIES City of Oshkosh Chapter 2—Page 3 Municipal Codes City of Oshkosh Municipal Codes Revised 09/14/2021 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.] City of Oshkosh Chapter 2—Page 4 Municipal Codes City of Oshkosh Municipal Codes Revised 09/14/2021 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 There shall be at least seven(7)election inspectors at a polling place for all elections. [Statutory Reference §§7.30, 7.32 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. City of Oshkosh Chapter 2—Page 5 Municipal Codes City of Oshkosh Municipal Codes Revised 09/14/2021 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.] City of Oshkosh Chapter 2—Page 6 Municipal Codes City of Oshkosh Municipal Codes Revised 09/14/2021 (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 MeetinVss 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 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 City of Oshkosh Chapter 2—Page 7 Municipal Codes City of Oshkosh Municipal Codes Revised 09/14/2021 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. (H) Issue Proclamations To issue all proclamations. (I) Appointments To appoint, subject to Council approval,members to the various Boards and Commissions within City of Oshkosh Chapter 2—Page 8 Municipal Codes City of Oshkosh Municipal Codes Revised 09/14/2021 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 (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 City of Oshkosh Chapter 2—Page 9 Municipal Codes City of Oshkosh Municipal Codes Revised 09/14/2021 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 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 City of Oshkosh Chapter 2—Page 10 Municipal Codes City of Oshkosh Municipal Codes Revised 09/14/2021 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.] 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.] City of Oshkosh Chapter 2—Page 11 Municipal Codes City of Oshkosh Municipal Codes Revised 09/14/2021 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 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. City of Oshkosh Chapter 2—Page 12 Municipal Codes City of Oshkosh Municipal Codes Revised 09/14/2021 (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. 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. City of Oshkosh Chapter 2—Page 13 Municipal Codes City of Oshkosh Municipal Codes Revised 09/14/2021 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. 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. City of Oshkosh Chapter 2—Page 14 Municipal Codes City of Oshkosh Municipal Codes Revised 09/14/2021 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. [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,and such other duties as may be prescribed by statute and/or the City Manager. 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 (1) The General Services Division shall supervise operation of the Community Access Television and Radio Stations;secure certificates of title for all city-owned vehicles;act as purchasing agent for the Board of Public Works; make other purchases for the City of Oshkosh in accordance with Chapter 12 of this Municipal Code; dispose of surplus equipment, buildings and materials; and provide for maintenance of the City Hall and other City facilities. City of Oshkosh Chapter 2—Page 15 Municipal Codes City of Oshkosh Municipal Codes Revised 09/14/2021 (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 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 private utility construction with City maintenance and improvement projects; (4) Setting of street and sidewalk grades; (5) Maintaining a current boundary map of the City; (6) Maintaining current records and locations of all utilities and City owned property; (7) Street maintenance; (8) Sealcoating; (9) Street cleaning; (10) Snow plowing and removal; City of Oshkosh Chapter 2—Page 16 Municipal Codes City of Oshkosh Municipal Codes Revised 09/14/2021 (11) Leaf removal; (12) Sewer cleaning; (13) Sewer maintenance; (14) Weed cutting; (15) Parking lot maintenance; (16) Operation and maintenance of the filtration plant, pretreatment basin, all water storage tanks,hydrants,water meters, and water pipe lines owned or operated by the City; (17) Operation and maintenance of the sewage disposal plant and all lift stations connected to the sewer system; (18) Operation and maintenance of the stormwater facilities and all appurtenant structures connected to the system; (19) Collection of refuse and recyclables; (20) Maintain all Department vehicles, dispense gas and oil, operate a stock room and garages necessary for housing of City vehicular equipment,maintain cost records on each piece of equipment; and (21) 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. City of Oshkosh Chapter 2—Page 17 Municipal Codes City of Oshkosh Municipal Codes Revised 09/14/2021 (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. (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 City of Oshkosh Chapter 2—Page 18 Municipal Codes City of Oshkosh Municipal Codes Revised 09/14/2021 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. (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. City of Oshkosh Chapter 2—Page 19 Municipal Codes City of Oshkosh Municipal Codes Revised 09/14/2021 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 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 within the City; (2) Traffic Engineering including signage, and street markings; and (3) Electrical Division 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. City of Oshkosh Chapter 2—Page 20 Municipal Codes City of Oshkosh Municipal Codes Revised 09/14/2021 (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 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. City of Oshkosh Chapter 2—Page 21 Municipal Codes City of Oshkosh Municipal Codes Revised 09/14/2021 (3) Such other duties as may be assigned by the City Manager. 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. 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. (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 City of Oshkosh Chapter 2—Page 22 Municipal Codes City of Oshkosh Municipal Codes Revised 09/14/2021 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. (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. City of Oshkosh Chapter 2—Page 23 Municipal Codes City of Oshkosh Municipal Codes Revised 09/14/2021 (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 COMMITTEE ON AGING (A) Membership and Terms The Oshkosh Committee on Aging shall consist of nine (9) members, one of whom shall be a City Common Council member serving a one year term. At initial appointment,four members shall be appointed to a two (2) year term and four (4) members shall be appointed for three (3) year terms. The Committee's composition should seek to reflect the diversity of parities interested in, or professionally engaged in, areas and issues affecting senior citizens, such as but not limited to: isolation,transportation,programs and services. The Senior Services Manager or designee shall serve as staff liaison(Committee Coordinator) and shall not have voting privileges. The Senior Center Office Assistant shall serve as Secretary to this Committee. (B) Duties,Purposes and Functions The Committee shall: (1) Advise the City Common Council with respect to recommendations on the promotion and development of Oshkosh with an emphasis on aging services and planning issues. (2) Assess the needs to of the Aging, determine the resources available, and recommend action for bridging the gap between needs and resources. (3) Promote existing community services to meet the needs of the Aging to avoid overlapping and duplication. (4) Recommend, if needed,the establishment of services and programs to meet the needs of the Aging. City of Oshkosh Chapter 2—Page 24 Municipal Codes City of Oshkosh Municipal Codes Revised 09/14/2021 (5) Appoint sub-committees such as but not limited to: (1) Isolation(2) Transportation; (3) Health; (4) Housing; (5) Economic Independence; (6) Social Services; and others as determined by the Committee. (C) Notwithstanding anything to the contrary,not more than 25% of the membership of the entities created pursuant to subparagraph B (5) above may be non-residents. 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 BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE (A) Membership and Terms (1) The Committee shall consist of seven (7) members, one of whom shall be a City Council member. Citizen members shall serve for a term of three (3)years and the council member shall serve for a term of one (1) year. (2) The Committee's composition should seek to reflect the diversity of parties interested in bicycle and pedestrian mobility issues,such as,but neither limited to nor excluding,schools and universities, recreational organizations, members of the elderly and disabled community, and the health community. (3) The Director of Community Development or designee shall serve as the Committee Coordinator and shall not have voting privileges. (B) Functions and Duties (1) The Committee shall advise the Common Council with respect to recommendations on bicycle/pedestrian matters with an emphasis on policy and planning issues. (2) The Committee shall be responsible for developing,implementing,and updating the City's Bicycle and Pedestrian Circulation Plan. (3) The Committee shall coordinate education,encouragement,and outreach activities across City departments, other government agencies, non-profit organizations, and the private sector. City of Oshkosh Chapter 2—Page 25 Municipal Codes City of Oshkosh Municipal Codes Revised 09/14/2021 (4) The Committee shall make recommendations on capital and maintenance projects to improve bicycle and pedestrian safety and mobility. (5) The Committee shall recommend to the Common Council the priorities for expenditures from the Bicycle Fund. (C) Coordination with Other Governmental Units (1) Any Committee recommendations which require changes in the number and type of travel lanes or in the availability or duration of on-street parking shall obtain an advisory review from the Traffic Review Advisory Board. (2) Any Committee recommendations which involve the Oshkosh Park System shall obtain an advisory review from the Advisory Parks Board. (3) Any Committee recommendations which would entail physical changes to the public right- of-way shall obtain an advisory review from the Board of Public Works. SECTION 2-40 (RESERVED) SECTION 2-41 DIVERSITY,EQUITY AND INCLUSION COMMITTEE (A) Membership and Terms The Diversity, Equity, and Inclusion Committee shall consist of nine (9) members. Due consideration shall be given to ensuring membership reflects the gender,racial,LGBTQ,and ethnic characteristics of the Oshkosh community. Terms of members shall initially be three (3) members serving staggered one (1),two (2), and three (3)year terms,and thereafter for three(3)years. 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. One(1)Council member may serve as a liaison in an ex-officio capacity, with no voting rights and shall not count towards a quorum. 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. City of Oshkosh Chapter 2—Page 26 Municipal Codes City of Oshkosh Municipal Codes Revised 09/14/2021 (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 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 nine(9)members. Terms of members shall be for three (3) years. 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 City of Oshkosh Chapter 2—Page 27 Municipal Codes City of Oshkosh Municipal Codes Revised 09/14/2021 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. SECTION 2-44 LONG RANGE FINANCE COMMITTEE (A) Membership and Terms The Long Range Finance Committee shall consist of nine (9) 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 (DELETED) SECTION 2-46 (RESERVED) SECTION 2-47 PUBLIC ARTS AND BEAUTIFICATION COMMITTEE (A) Membership and Terms The Public Arts and Beautification Committee shall be composed of seven (7) voting members consisting of: Six (6) citizen members and one (1) Council Member. The Director of Community Development or designee shall serve as coordinator and recording secretary for the Committee. 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,Oshkosh Public Museum,Oshkosh Parks City of Oshkosh Chapter 2—Page 28 Municipal Codes City of Oshkosh Municipal Codes Revised 09/14/2021 Department and Oshkosh Public Library shall be nonvoting ex officio advisory members of the Committee. (B) Terms Defined 1) Public Art. The term "Public Art" means any Work of Art acquired by the City and integrated into the design of, or placed or performed in, on or about a place generally accessible or visible to the general public. 2) 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. (C) Scope of Authority The committee shall provide assistance for Public Art projects that utilize public funding or are located on property owned by the City of Oshkosh. (D) Purpose,Duties, and Functions The Public Arts Advisory Committee shall have the responsibility to: 1) Promote public art and beautification in the community. 2) Advise the City Manager, Common Council and appropriate boards and commissions on matters pertaining to public art and beautification. 3) Facilitate community and agency input pertaining to public art and beautification. 4) Advise the Common Council on Gifts or donations of public art pursuant to the City of Oshkosh Gifts and Donations Policy. 5) Act upon appeals under the City's mural ordinance. 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 Community Development 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 and the Director or his/her designee of the Oshkosh Public Museum shall be non-voting members of the Commission. City of Oshkosh Chapter 2—Page 29 Municipal Codes City of Oshkosh Municipal Codes Revised 09/14/2021 (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. (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] City of Oshkosh Chapter 2—Page 30 Municipal Codes City of Oshkosh Municipal Codes Revised 09/14/2021 (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 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 nine (9) members, one of whom shall be a City Council Member. Citizen members shall serve for a term of three (3) years and the council member shall serve for a term of one (1) year. (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 City of Oshkosh Chapter 2—Page 31 Municipal Codes City of Oshkosh Municipal Codes Revised 09/14/2021 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.] 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 PUBLIC MUSEUM BOARD (A) Membership and Terms The Oshkosh Museum Board shall consist of seven(7)members,each being appointed for a term of three (3) years. The President of the School Board and the Superintendent of Schools shall be ex officio members so that the Board shall consist of nine (9) members. (B) General Powers The Museum 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. (C) Acquisition,Disposition, Care and Management of Property City of Oshkosh Chapter 2—Page 32 Municipal Codes City of Oshkosh Municipal Codes Revised 09/14/2021 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 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. (D) Employees The Board shall recommend a Director to be appointed by the City Manager to be in active charge of 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. (E) 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. (F) 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. (G) 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 Museum 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. City of Oshkosh Chapter 2—Page 33 Municipal Codes City of Oshkosh Municipal Codes Revised 09/14/2021 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. (H) 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. (I) 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. 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.] SECTION 2-57 TRAFFIC AND PARKING ADVISORY BOARD (A) Membership and Terms The Traffic and Parking Advisory Board shall be composed of seven(7)members. The Director of Transportation or designee shall serve as the coordinator for the Board. The Board shall be comprised of six (6) citizen members who shall serve three (3) year terms and one (1) Council Member who shall serve a one (1) year term. City of Oshkosh Chapter 2—Page 34 Municipal Codes City of Oshkosh Municipal Codes Revised 09/14/2021 (B) Functions and Duties (1) Traffic. The Board 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,bicycle lanes and snow emergency traffic regulations. (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 all 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 Board shall study and recommend to the Common Council on all matters involving on—street parking. (4) Municipal Parking Lots. The Board 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 (1) 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 Board shall study and recommend to City of Oshkosh Chapter 2—Page 35 Municipal Codes City of Oshkosh Municipal Codes Revised 09/14/2021 the Common Council on all matters involving off-street parking in the following 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 Board's Authority. The Board shall not have jurisdiction over off- street parking areas wholly included in the boundaries of a municipal park. The Board shall also not have jurisdiction over the Leach Lot (adjacent to the Leach Amphitheater, south of Ceape Avenue and east of Court Street). The Board 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. SECTION 2-58 TRANSIT ADVISORY BOARD (A) Membership and Terms The Transit Advisory Board shall be composed of seven(7)members. The Transportation Director or designee shall serve as the coordinator for the Board. The Board shall be comprised of six (6) citizen members who shall serve four(4)year terms and one (1)council member who shall serve a one (1) year term. (B) Duties and Responsibilities The Transit Advisory Board shall guide and assist in the implementation of improved transit service to the City of Oshkosh. The Board will monitor the level of transit service provided to ensure an efficient and effective operation. 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 Statutes and Chapter 30 of this Municipal Code. [Statutory Reference§62.23(7)(e) Wis. Stats.] SECTION 2-59.2 RENTAL HOUSING ADVISORY BOARD (A) Membership and Terms Membership and Terms The Oshkosh Rental Housing Advisory Board shall consist of seven(7) members, of which one (1) member shall be a member of the Common Council. Each member City of Oshkosh Chapter 2—Page 36 Municipal Codes City of Oshkosh Municipal Codes Revised 09/14/2021 shall serve for a period of three (3) years,except for the Council member,whose term shall be (1) year. The Board's composition should seek to reflect the diverse interests in rental housing conditions, such as, but not limited to nor excluding landlords, tenants, neighborhood association representatives,health and safety professionals,real estate agents, and contractors. (B) Purpose The Board's purpose is to advise staff on the creation of rental housing educational materials and residential rental training programs for landlords and tenants, to review and make recommendations regarding City policy or changes to municipal code pertaining to rental housing. SECTION 2-60 STORM WATER UTILITY APPEALS BOARD (A) Membership and Terms The Storm Water Utility Appeals Board shall consist of five (5) members appointed for a term of three (3) years. (B) Functions and Duties The Board shall provide advice and recommendations to the Council concerning stormwater utility planning,projects,rates and credits,and shall conduct all appeals,pursuant to Sections 14-37)of this Code. [Statutory Reference§66.0805 Wis. Stats.] 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 City of Oshkosh Chapter 2—Page 37 Municipal Codes City of Oshkosh Municipal Codes Revised 09/14/2021 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 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. City of Oshkosh Chapter 2—Page 38 Municipal Codes