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- Governing Bodies: General FAQ 1
Governing Bodies: General FAQ 1
What do the Wisconsin statutes say about committee appointments, structure, organization and powers?
Nothing. While it is common for municipal
governing bodies to create committees and to delegate certain types of
preliminary work to committees, the state statutes do not provide for or
otherwise discuss the appointment, structure, organization or powers of
committees. These issues are governed exclusively by local ordinances
or bylaws.
Committees are creatures of the governing
body. Consequently, any actions taken by a committee must have been
previously authorized by, or be subsequently ratified by, the governing
body. Committees are governmental bodies subject to the requirements of
the open meetings law. Thus, any meeting of a committee must be
publicly noticed in advance as required by the open meetings law.
Over the years, numerous League legal
opinions and notes have been written addressing questions relating to
committees or summarizing relevant court cases. The conclusions of these
opinions or notes are listed below. Contact the League for a copy of
any of the items listed below.
Appointments & Vacancies 165
(05/04/59) It is customarily an attribute of the office that the
village president make committee appointments, especially standing
committees. However, this may be varied by ordinance or resolution.
Commissions 104 (03/25/63) If village
president alone made committee appointments, then he may change or
remove members at pleasure. But if confirmation of village board was
required, then only the village board (including the village president)
can make such change at pleasure.
Commissions 137 (10/11/72) Legal status of village board committees discussed.
Governing Bodies 228 (09/24/73) Mayor presides at committee of the whole meetings unless council rules provide otherwise.
Governing Bodies 229 (03/25/74) Committee
appointed by common council to investigate and report to council
recommendation for local action or legislation has power to subpoena
witnesses under sec. 885.01 even if all of committee members are not
aldermen.
Governing Bodies 263I (07/10/79) A
committee formally constituted by a village board to which the authority
to study an issue is delegated by the village board is a governmental
body within the meaning of the open meeting law, because the definition
of governmental body under sec. 19.82(1) expressly includes committees
and, by its very nature, it constitutes a subunit of the board.
Governing Bodies 276 (12/02/80) The
chairman of a committee of the village board should not unilaterally
decide issues pending before the committee without either consulting
with or the knowledge of the other committee members.
Governing Bodies 279 (02/20/81) Each
meeting of a committee of a governing body must be preceded by public
notice which must contain that information prescribed by sec. 19.84,
Stats., of the Wisconsin open meeting law.
Governing Bodies 285 (09/18/81) Under the
council's rules of procedure, the mayor would seemingly be the
appropriate authority to remove involuntarily an alderman from the
position of committee chairman, since the mayor was the appointing
authority and the rule is silent as to who may remove an alderman once
appointed.
Governing Bodies 287 (11/12/81) Under the
city council's rules of procedure, the committee on committees, which
is appointed by the council and which appoints the members and the
chairmen of the three standing committees of the council, would
presumably be the authority to effect the removal of a chairman, since
no rule specifically delegates the removal authority to another person
or body.
Governing Bodies 290 (03/25/82) Since the
statutes do not prescribe a specific method of selecting members to the
standing committees of a governing body, the governing body has wide
latitude in devising the manner in which these appointments are to be
made.
Governing Bodies 307 (03/26/86) The
quorum for a committee of the whole is the same as the quorum for the
parent body, according to Robert's Rules of Order (Revised 1970), unless
the parent body provides otherwise.
Governing Bodies 328 (10/03/91)
Municipalities may by ordinance limit the number of years persons may
consecutively serve as chairpersons of governing body committees and
locally created boards and commissions.
Public Buildings and Property 207 (03/27/92)
Concludes that the common council may
delegate authority to sell municipal land and personal property to a
committee, provided that the delegation contains sufficient standards to
guide the committee in the sale of municipal property. 74 Op. Att’y
Gen. 227 (1985)
Governing Bodies 331 (04/06/92) Affirms
prior opinions concluding that a member of a governmental body may not
be excluded from a closed meeting of a committee of the governmental
body unless the rules of the governmental body so provide. Sec.
19.89,Stats.
Governing Bodies 332 (04/06/92) Concludes
that an illegal meeting of the village board would not occur merely
because a quorum of the board is present at a committee meeting as long
as the members of the committee (at a properly noticed committee
meeting) confine their discussion and actions to committee matters.
However, if the committee were to discuss other village matters outside
the purview of the committee, they would probably be acting as the
village board at an improperly noticed meeting.
Financial Procedure 227 (10/02/95)
City's practice, pursuant to local
ordinance of having the finance committee prepare a proposed budget for
submission to the council is a legally viable method for preparing the
annual budget. However, there is nothing precluding the mayor from
relying on his power as the chief executive officer of the city (see
secs. 62.09(8)(a) & (b),Stats.) to obtain budget information from
each city department and prepare a budget proposal for submission to the
council. The council would then have two proposed budgets to review and
consider; one prepared by the finance committee and one prepared by the
mayor.
Governing Bodies 364 (7/21/99). Concludes
that common council's practice of approving or disapproving the minutes
of commission and committee meetings at its regular monthly meeting has
no legal effect or consequence.
Governing Bodies 372 (4/30/01)
Legislative body's self-imposed procedures regarding committee
assignments are a question of policy for legislative, not judicial,
determination. A legislature, even a municipal one, should control its
own procedures. Oliveira v. City of Milwaukee, 2000 WI 27, reversing 2000 WI App. 49, 233 Wis.2d 532, 608 N.W.2d 419.