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LEGISLATIVE LOGISTICS June 12, 2007

LEGISLATIVE LOGISTICS June 12, 2007. RESOLUTIONS, COMMITTEE MEETINGS, AND COUNTY BOARD PROCESSES. County Board Process. Board acts on committee recommendations Board meets 1 st and 3 rd Thursdays, but only once in July and August (usually)

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LEGISLATIVE LOGISTICS June 12, 2007

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  1. LEGISLATIVE LOGISTICSJune 12, 2007 RESOLUTIONS, COMMITTEE MEETINGS, AND COUNTY BOARD PROCESSES

  2. County Board Process • Board acts on committee recommendations • Board meets 1st and 3rd Thursdays, but only once in July and August (usually) • Board calendar is prepared the Friday before the meeting by the County Board Office – all committee action must be reported by then

  3. Committee Process • Resolutions and ordinance amendments are referred to standing committees, and relevant boards and commissions • Committees must schedule referrals within 60 days of referral – items cannot be withdrawn from committee until 60 days have passed after referral

  4. Committee Actions • Committees make recommendations to the board – adoption, denial, indefinite postponement – which send the item to the board • If a motion to make a recommendation fails, the item stays in committee until a recommendation is made, or the committee votes affirmatively to send it to the board “without recommendation” • Committees can indefinitely postpone an item IN COMMITTEE – in that case, the measure stays in committee (but that action must be clearly stated)

  5. MinutesCounty Board Rules • Sec. 7.23 MINUTES OF MEETINGS. (1) Minutes shall be kept of all committee meetings and a copy filed with the county clerk within five days after the meeting except that minutes from meetings held on Mondays, Tuesdays or Wednesdays of a week in which the county board calendar is prepared shall be given to the clerk by 9:00 a.m. on the day which is 7 days before the next board meeting.

  6. MinutesCounty Board Rules (2) The minutes shall include the following: (a) Name of committee. (b) Date, hour, location of meeting and time of adjournment. (c) Separate listings of committee members present and absent. d) Each matter considered and the action taken.

  7. MinutesCounty Board Rules (e) Persons appearing, other than supervisors, the matter on which they appear and the position taken. (f) Positions of supervisors or members of the committee or any information furnished, shall be recorded only if so requested by that member or supervisor. (g) Minutes shall reflect action taken but shall be kept as brief as possible.

  8. MinutesCounty Board Rules (h) Any resolution or ordinance amendment voted on in committee will contain immediately after its recommendation a statement of the numerical vote in committee. When a roll call is taken or when people wish to be recorded as voting "yes" or "no," names of members and their votes shall be recorded. All references to ordinances and resolutions in minutes of committees shall include the number of the resolution or ordinance amendment.

  9. Committee MinutesCounty Clerk’s Office • Should be submitted within five days • Should be submitted electronically • Files maintained for each committee in hard copy in the Clerk’s Office and online, accessible at the Clerk’s and County Board web sites

  10. Committee MinutesCounty Board Office • Used to document committee action – if the minutes aren’t in the clerk’s office, resolutions or ordinance amendments may not be on the county board calendar, since we won’t have committee action recorded

  11. Open Meetings ComplianceAgendas • Governmental bodies must give notice of public meetings – the agenda is the way we do that • Agendas must contain the time and place of the meeting and the matters to be discussed • Resolutions and ordinances shall be placed on an agenda by including a clear reference to the ordinance amendment's or resolution's title and number

  12. Open Meetings ComplianceAgendas – State Law • “Every public notice of a meeting of a governmental body shall set forth the time, date, place and subject matter of the meeting, including that intended for consideration at any contemplated closed session, in such form as is reasonably likely to apprise members of the public and the news media thereof.” Wi. Open Meetings Law – sec. 19.84(2)

  13. Open Meetings ComplianceAgendas – County Ordinances • 16.65 NOTICE OF MEETING. (1) A copy of the agenda, including the time and place, of all county meetings and of the matters to be discussed, shall be given to the county clerk for posting on the bulletin board in or near his or her office and such other place(s) in the courthouse which provide prompt and sufficient notice to the public as soon as possible after scheduling but no less than three (3) days prior to the meeting. The county clerk shall accept for posting, and shall post on the public meeting posting board, all notices of county meetings submitted to the clerk.

  14. Open Meetings ComplianceAccessibility • An “open session” is defined in Wis. Stat. § 19.82(3) as “a meeting which is held in a place reasonably accessible to members of the public and open to all citizens at all times.” This provision requires that governmental bodies hold their meetings in rooms that are reasonably calculated to be large enough to accommodate all citizens who wish to attend the meetings.

  15. Open Meetings ComplianceAccessibility • In the case of a state governmental body, “open session” means a building and room that enables access by persons with functional limitations, as defined in Wis. Stat. § 101.13(1). Wis. Stat. § 19.82(3). This provision requires that state governmental bodies hold their meetings in buildings and rooms that are accessible, without assistance, to persons with functional limitations.

  16. Open Meetings ComplianceAccessiblity • The policy of openness and accessibility favors governmental bodies holding their meetings in public places, such as a municipal hall or school, rather than on private premises. The law prohibits meetings on private premises that are not open and reasonably accessible to the public. Generally speaking, places such as a private room in a restaurant or a dining room in a private club are not considered “reasonably accessible.” A governmental body should meet on private premises only in exceptional cases, where the governmental body has a specific reason for doing so which does not compromise the public’s right to information about governmental affairs.

  17. RESOLUTIONS ANDORDINANCE AMENDMENTS • 59.01Body corporate; status. Each county in this state is a body corporate, authorized to sue and be sued, to acquire and hold, lease or rent real and personal estate for public uses or purposes, including lands acquired under ch. 75, to sell, lease and convey the same, including the authority to enter into leases or contracts with the state for a period of years for the uses and purposes specified in s. 23.09 (2) (d), to make such contracts and to do such other acts as are necessary and proper to the exercise of the powers and privileges granted and the performance of the legal duties charged upon it.

  18. RESOLUTIONS ANDORDINANCE AMENDMENTS • 59.02Powers, how exercised; quorum.(1) The powers of a county as a body corporate can only be exercised by the board, or in pursuance of a resolution adopted or ordinance enacted by the board. 2) Ordinances may be enacted and resolutions may be adopted by a majority vote of a quorum or by such larger vote as may be required by law.

  19. RESOLUTIONS ANDORDINANCE AMENDMENTS • DEFINITIONS (Administrative Practices Manual): • Resolution: A document that establishes or amends Dane County policies, procedures, expenditures or revenues. • Ordinance Amendment: A document that adds to, deletes, or otherwise changes the existing Dane County Ordinance.

  20. RESOLUTIONS:FORMAT • All Resolutions should be on letter-size (8 1/2 x 11) paper. • The title of the Resolution shall:  A. Be limited to one line if possible B. Be in all Caps. C. Include the term "contract" if a Resolution is dealing with a contract award.

  21. RESOLUTIONS:FORMAT D. Include the names of the departments involved in the resolution. E. Explain all abbreviations if they are not explained in the body of the resolution. F. Be succinct - should not specify too many details if they will be covered in the body, but should give enough information tobemeaningful.

  22. RESOLUTIONS:FORMAT • The Preamble (Introduction) shall: A. Be short and to the point, briefly stating the substance of the Resolution and the reason (whys and wherefores) for the proposal. • B. Identify any previous action taken by the County Board that affects the proposed resolution. C. Not use "Whereas.“ D. Not contain any pompous or verbose language. E. Not include long real estate descriptions

  23. RESOLUTIONS:FORMAT • Resolved Clauses: A. Explains what is to be approved or adopted. Each position, policy, stand and/or action to be taken will be identified in separate resolved clauses. B. Resolved clauses will appear as follows: 1) First clause: "NOW, THEREFORE, BE IT RESOLVED..." 2) Second clause: "BE IT FURTHER RESOLVED..."

  24. RESOLUTIONS:FORMAT • Resolved Clauses (Continued) B. 3) Last clause: "BE IT FINALLY RESOLVED..."

  25. RESOLUTIONSFORMAT - CONTRACTS • C. When a Resolution is to award a contract, it shall include separate resolved clauses for each of the following: 1) Amount of money involved 2) Name and address of the contractor 3) Term of the contract, if not covered in the Preamble 4) Reasonable informative description of the goods or services or other items to be provided, if not covered in the Preamble.

  26. RESOLUTIONS:FORMAT - CONTRACTS • D. When the expenditure of money is involved, the Resolution shall include provision for appropriation. Account names, dollar amounts, and revenue accounts shall be included. (Contact the Controller's Office for account information.)

  27. RESOLUTIONS:FORMAT - CONTRACTS • E. Shall include authorization statement as to who is authorized to execute the agreement. For real estate documents: "THEREFORE, BE IT RESOLVED that the Dane County Clerk is authorized to execute said deed."

  28. RESOLUTIONSContracts Requiring Board Approval • Contracts for professional services in amounts over $25,000 (professional services are those requiring a license) • Contracts that expend or take in amounts of $100,000.

  29. RESOLUTIONSContract Routing • Personnel and Finance takes considers nearly all contract resolutions. • To be placed on the P&F agenda, contract must be signed and routed prior to the meeting. • Contracts over $100,000 must be fully routed before the end of Thursday prior to the P&F meeting.

  30. RESOLUTIONS:SPONSORS-BOARD RULES • 7.52 (3): The primary sponsor shall be designated by labeling the first line, and if not so labeled the first name at the top right shall be the primary sponsor. No resolution or ordinance amendment shall be circulated for co-sponsors until the primary sponsor has signed the resolution or ordinance amendment.

  31. SPONSORS • How to get signatures: • Circulate at committee meetings • Place in supervisor’s box in County Board Office • Deliver to County Clerk’s Office and will be circulated at County Board meeting • Bring to County Board meeting

  32. ORDINANCE AMENDMENTS • All ordinances and ordinance amendments shall be drafted by the Corporation Counsel or reviewed by Corporation Counsel prior to referral • All Ordinance Amendments should be on letter-size (8 1/2 x 11) paper • Explanation of the proposal shall: A. Outline the impact of the proposed amendment. B. Be constructed and/or reviewed by Corporation Counsel.

  33. AMENDMENTS AND SUBSTITUTE AMENDMENTS • If changes to an original resolution are desirable, the following options are available: A. A substitute means that changes are extensive and/or throughout. Substitutes are identified as follows: 1) The original title and number of the resolution is retained but a substitute number is added. For example: Sub. No. 1 to Res. 1, 2002-03. 2) The supervisor or committee initiating the substitute is identified above the title of the resolution to the right.

  34. AMENDMENTS AND SUBSTITUTE AMENDMENTS B. A committee amendment means that one or two sentences or less are changed in the resolution. The amendment is recorded as a motion in the minutes of the committee meeting.

  35. POLICY AND FISCAL NOTES • 7.25 FISCAL NOTES. All resolutions and ordinances involving the expenditure or receipt of funds shall carry a fiscal note using a form approved by the Personnel & Finance Committee which details the resolution's impact upon county finances. A resolution or • ordinance which does not have attached a fiscal note shall not be considered by the Board until such a note is provided unless the requirement has been waived by the county board chairperson at the time of referral.

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