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- Ordinances & Resolutions FAQ 3
Ordinances & Resolutions FAQ 3
What is the difference between an
ordinance and a resolution and what determines whether an ordinance or
resolution should be used?
Generally, an ordinance is a local law of
a municipal corporation, duly enacted by the proper authorities,
prescribing general, uniform and permanent rules of conduct relating to
the corporate powers of the municipality. A simple or ordinary
ordinance, as opposed to a charter ordinance, is used to effect most
local legislative actions. State statutes sometimes require exercise of
city or village powers by enactment of ordinances. Some examples include
sec. 61.20(4) (changing number of village trustees), sec. 61.32
(changing salaries of village president and trustees), sec. 62.08(1)
(altering aldermanic districts), sec. 62.09(6)(a) (changing salary of
mayor and aldermen), and sec. 62.13(2) (cities under 4,000 adopting or
repealing police and fire commission law).
In contrast, resolutions are generally
less permanent enactments than ordinances. Resolutions commonly deal
with matters of a special or temporary character. A resolution
ordinarily denotes something less solemn or formal than, or not rising
to the dignity of, an ordinance. They seldom if ever contain penalties
and are the most common form of legislation employed by governing bodies
to deal with special matters not affecting the general public such as
granting special privileges, expressing opinions or communicating with
other governmental units or departments or agencies of the municipality.
Resolutions are generally brought to the council or board floor in
writing. However, oral resolutions confirming committee reports or
administrative actions are not uncommon. Certain state statutes specify
exercise of city or village powers by resolution. Some examples include
sec. 61.189(1), Stats. (changing from a village to a city), sec.
62.15(5), Stats. (rejecting bids on public construction), sec.
66.1105(4)(gm), Stats. (creating a tax incremental district) and sec.
66.0703(8), Stats. (levying special assessments).
Sometimes the decision regarding whether
to use a resolution or ordinance will be governed by state or local law.
As the above examples show, specific statutes may exist which require
that action be taken by ordinance or resolution. But often the statutes
do not specify a required form and then a local governing body has wide
latitude in determining the form that its legislative or administrative
actions take, and exercises this discretion on the basis of the desired
permanency and impact of the action.
In general, the governing body should use
an ordinary ordinance when amending, repealing or modifying an existing
ordinance; or required by state law; or the act is of general
application and intended to be reasonably permanent; or public notice
(publication and inclusion in the local code of ordinances or ordinance
book) is deemed desirable.
A resolution should be used when
amending, repealing or modifying an existing resolution; or required by
state law; or the action is temporary in nature, or not of general
public concern; or the act is an order or directive relating primarily
to internal municipal governmental affairs; or the act confirms previous
action of a municipal officer or body not properly authorized by the
governing body; or the act is an order or directive requiring a
specified officer, agency or person to comply therewith.