CCR1994184COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION t184-94
AMENDED
DIRECT LEGISLATION PETITION
REGARDING TERM LIMITS
WHEREAS, on August 10, 1994, there was filed in the office of the
City Clerk certain petitions requesting the adoption of an
ordinance and resolution relating to imposing term limits on the
office of Mayor and Alderman in the City of Muskego and urging
the establishment of term limits for those state legislators and
members of Congress or, if the Common Council fails to adopt the
ordinance and resolution within the required time, submittal of
the ordinance and resolution to a referendum; and
WHEREAS, the Clerk certified on August 23, 1994 that she had made
a careful examination of the petitions to determine their
sufficiency and had determined that the number of qualifying
petitioners meets the requirements of Section 9.20(1), Wisconsin
Statutes, in that they equal or exceed 15 percent of the votes
cast for governor at the last general election in the City. The
Clerk had determined that 860 signature lines were sufficient,
exceeding the required 151 valid signatures; and
WHEREAS, the Clerk further certified on August 23, 1994 that she
had reviewed the form of the proposed ordinance and resolution
and determined that Section 9.20, Wisconsin Statutes, does not
authorize such a form. Under the statute, the proposed
legislation must be in the form of either a resolution or an
ordinance or a charter ordinance. It may not be in a combination
of such forms; and
WHEREAS, the Clerk further certified in her August 23, 1994
certification the particulars of the insufficiency of the
documents submitted to her and notified the person designated;
and
WHEREAS, on August 24, 1994, the attached letter, Ordinance to
Establish Term Limits for the Offices of Mayor and Alderman, and
Urging Term Limits for State Legislators and Members of Congress
and a document dated August, 1994 from Wisconsin Term Limits were
petitions; and
submitted to the Clerk without the original petitions or any new
WHEREAS, the Clerk has a copy of the original petitions; and
WHEREAS, on August 31, 1994, the Clerk certified by the attached
certificate that the documents submitted are sufficient and are
in substantial compliance with Section 8.40, Wisconsin Statutes,
as to proper form; and
WHEREAS, the City Attorney has submitted a legal opinion dated
the 2nd of September, 1994.
Resolution #184-94
NOW, THEREFORE, BE IT RESOLVED THAT THE COMMON COUNCIL OF THE
CITY OF MUSKEG0 HEREBY DOES AS FOLLOWS:
1. Not adopt the documents referred to as the Ordinance to 0 Establish Term Limits for the Offices of Mayor and Alderman,
and Urging Term Limits for State Legislators and Members of
Congress without alteration nor referring it to a vote of the
electors for the following reasons:
A. The ordinance proposed includes administration subject
matter which is inappropriate for direct legislation in
that the resolution does not establish a new permanent
rule or policy of general applicability. It instructs
writing state legislators and members of Congress and
an officer of the City to carry out a specific action,
informing them that the citizens of the City favor term
limits for state and federal elected officials. This
and is not a proper subject for direct legislation.
subject matter is administrative rather than legislative
Under the statute, the Council cannot alter the petition
for direct legislation; and
B. The terms of office of Mayor and Alderman are
established by charter ordinance and can only be changed
by charter ordinance and not ordinance as required by
state law, especially Section 62.09(5), Wisconsin
Statutes; and
0 C. The original petitions were not resubmitted and no new
petitions were submitted with the ordinance entitled,
Mayor and Alderman, and Urging Term Limits for State
"Ordinance to Establish Term Limits for the Offices of
Legislators and Members of Congress" and, therefore, it
is unclear what petitions, if any, have been submitted
in support of said proposed ordinance; and
D. The proposed ordinance is in conflict with the charter
ordinance as to Mayor and Alderman which do not limit
terms.
DATED THIS 13TH DAY OF SEPTEMBER , 1994.
CITY OF MUSKEGO
David L. De Angelis, Mayor
This is to certify that this is a true and accurate copy of
Resolution #184-94 which was amended and adopted by the Common
Council of the City of Muskego.
0 9/94 jmb
0
AUG 2 4 1994
NANCY SALENTINE
Muskego, WI 53 1 SO
W174 S7482 Michi Drive -,, ? 1 I -
August 24, 1994
Jem K. Mmnda, City Clerk
City of Muskego
W 182 S8200 Racine Averme, Box 903
Muskego, Wisconsin 53150-0903
Re: Direct Legislation -- Tenn Limits
Dear Ms. Marenda: I
I.
Attadwd plense fmd ordinnnce wording submitted pursuant to Section 9.20(3),
Wisconsin Statutes, to amend the petition earlier submitted, which was the subject of your
adifiicate dated August 23. Since the petition is now in compliance with your certificate as to
form and since you have already certified its sufficiency, it is your statutory duty to forward ir
immediately to the common CounciL
I am not resubmitting the signed petitions themselves Once they were duly filed, they
became a public record that you had no authority to relinquish. You had a legal duty to keep
them in your office, available for public exaahation and possible chnllenge. There is no
statutory duty to resubmit them. I understand yw do have photocopies for reference purposes.
The amended ordinance does not employ a resolution form. The third paragraph of your
cedScate is diff~cuh to interpret. Sedion 9.20, Wisconsin Statutes provides for both ordinance
and resolution forms and it certainly does not sa^ that more than one of each my not be
circulated and submitted together. That is your interpretation of the statute, which is
objectionable on two grounds: First, such an interpretation goes beyond fom and sufficiency,
which the statute does not allow you to do. Second, if you relied on such an interpretation to
block this petition, you would play violate Section 5.01(1), Wisconsin Statutes which says
that the Election Code (including sec. 9.20) "shall be construed to give effect to the will of the
electors, if that can be ascertained from the proceedings, notwithstanding informality or failure to
comply with some of fits] provisions." ?be will of the people who signed this term limits
petition both in its original and now in its amended form is mystal clear.
t
I I
I
Sincerely,
COMMON COUNCIL -- ClTY OF MUSKEG0
ORDINANCE # (Clerk fill in.)
AN ORDINANCETOESTABLISH TERM LIMlTS
FOR THE OFFICES OF MAYOR AND ALDW, AND URGING TERM LIMITS
FOR STATE LEGISLATORS AND MEMl3FBS OF CONGRESS
FOLLOWS:
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS
SECTION 1: A General Ordinance in the City of Muskego entitled Establish Term Limits for
the Offices of Mayor and Aldermen, and Urging Term Limits for State Legislators and Members of
Congress is hereby created to read as follows:
No person shall be eligible to be nominated, elected, or to serve in the office of Mayor if that
person shall previously have held such office for two or more fuU consecutive tams, unless me full
tern or more has elapsed since that person last held such office. No person shall be eligible to be
nominated, elected, or to serve in the ofice of Alderman if that person hall previously have held such
office for three or more full consecutive terms. unless one full term or more has elapsed since hat
person last held such office. For the purposes of this ordinance, terms shall be deemed consecutive
unless more than two years apart, and a term shall be deemed full if a person has wed at least half of
the time dotted for the term. Service prior to the passage of this ordinance shall not count in
determining length of service. The City Clerk is hereby instructed to contact, in writing, within 30 days
after adoption of this ordinance, all state legislators and members of the United States Congress who
have any constituents within the city limits and instruct them that it is the resolute desire of the citizens
of the City of Muskego that tm limits be enaded by the legislature of Wisconsin and the United States
Congress, and that the maximum consecutive tern in office be no more than six years (three terms) in
the United States House of Representatives, no more thna twelve years (two tern) in the United States
Senate, and no mom than eight consecutive years iu either the Wisconsin State Sennte or State
Assembly. The people of the City of Muskego hereby instruct all state and federal legislators,
representing any part of this city, to individually do their utmost to promote and pass binding legislation
or a constitutional amendment enadmg the tenn limits specsled in this section. The inshudion or
resolution shall remain in effect for tu tuany years as att required to effect these changes, and shall bo
state on its face.
SECTION 2: The sevemble sections of this ordinance are declared to be severable. If any
section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be
invalid, unlawful, or unenforceable, such decision shall apply only to the specifc section or portion
portion thereof of the ordinance which shall remain in full force and effect. Any other ordinance whose
thereof directly specified in the decision, and not affect the validity of all other provisions, sections, or
terms are in conflict with the provisions of this ordinance are hereby repealed as to hse tams that
conflict.
SECTION 3: This ordinance be in full force and effect fimn and after its passage and
publication.
Passed and approved this day of ,19-.
CITY OFMUSKEGO
City Clerk
PUBLISHED THIS DAY OF ,[9-.
Wisconsin Term Limits Term Limics: It's Sornehing You Can Do!
125 N. 70 Street, Milwaukee, WI 53213-3831, (414) 258-1146, Fax 1414) 258-8028.1-800-303-1146
August, 1994
To Wisconsin City/Viilage Clerk:
DO NOT LEAVE YOURSELF OPEN TO CRTMINAL PENALTIES OR
EXPOSE YOURSELF TO PERSONAL LIABILITY FOR CIVIL DAMAGES
LEGISLATION FILED UNDER SECTION 9.20, WISCONSIN STATUTES.
BY SHORT-STOPPING TERM LIMITS PETITIONS OR DIRECT
Consider:
Your duty is to forward Detitions to the eouncil/board, fit checking & the:
1) Sufliciclry of the petition, and
2) The of the ordinnnce or resolution.
This is a non-delegable ministerinl duty which is your resuonslbtlitv to perform yithovt w. The law requires that the "clerk state lis or her findings" (emphnsis supplied) in a
certificnte including the "prticuLus" EO that petitionem cnn mke all the changes needed to get
the form right within ten dnys (9.20[3] Stnts.).
Once the form is right, you must forwnrd the OrdinMCe or resolution to the council bod
(9.20[3] Stnts.).
you Can't WS the buck on th& dut& Objections ns to the constitutionality ofthe
ordinance or resolution, or whether they nre proper subjects of direct legislation we irreleva
to this duty of m. In other words, negative opinions from the city/villngc attorney are
excuse for vou. (Althouse v. Madison, 79 Wis. 2d 97; Noah v. Goetz, I16 Wis. 2d 239 [App.
19831).
You are an "election official." (501[4e], Stats.)
Flection Fraud is committed by any election official who wilfully neglects or refuses to
perfom n duty prescribed by, nmong other sections, section 9.20, Wisconsin Statutes
(12.13[2][11], Stnts.), or by anyone (including citylvillnge attorneys) who intentionnlly violates, or
intentionally muses another person toviolnte, Section 9.20 (12.13[2][b]7, Stats.).
The penaltv for election fraud is n fme of not more than $10,000, or imprisonment for
not more than three (3) years, or both (12.6O[l][a], Stnts.).
In addition, nn election official convicted of election hud is barred &on1 election duties, ' @e. from mnny of the duties required for your job) for live (5) yea (12.60[3]. Slats.).
Wisconsin Term Limits will assist local citizen petitioners in filk sworn COmDhhtS
with the district attorney toprosecute election frnud violations (see 11.61[2], Stnls.).
The Wisconsin Elections Code (which includes section 9.20) starts out by saying it "shall , be construed to give effect to the will ofthe electors, iftbnt c~ul be nscertnined from the
proceedings, notwithstanding infommlity or failure to comply fully with sonle of [its]
\provisions." (5.01[1], Stats.)
\ PLEASE DO YOUR JOB UNDER THE LAW, WHICH IS ALSO THE RIGHT
THING TO DO. THE WISHES OF THE PEOPLE WHO SIGNED THE PETITIONS AND
THE RIGHT OF THE PEOPLE TO VOTE IN A REFERENDUM CERTAINLY OUGHT TO
OUTWEIGH CITY HALL PRESSURES AND ZNFLUENCE
,
Willian~ A. Pangn~an, Atty.
Kirby Ensign Bmnk Alty.
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CITY CLERK'S OFFICE
CITY OF MUSZEGC
DIRECT LEGISLATION AS TO AMENDED ORDINANCE
CERTIFICATE RELATING TO PETITIONS FOR
On August 23, 1994, I, Jean K. Marenda, City Clerk of the City of Muskego,
certified that on August 10, 1994 there were filed in my office petitions
requesting under Section 9.20, Wisconsin Statutes, the adoption of an ordinance
and resolution relating to imposing term limits on the office of Mayor and
Alderman in the City of Muskego and urging the establishment of term limits for
state legislators and members of Congress or, if the Common Council fails to
adopt the ordinance and resolution within the required time, submittal of the
ordinance and resolution to a referendum.
On August 23, 1994, I further certified that I made a careful examination
of the petitions to determine their sufficiency 2nd determined that the number
of qualifying petitioners meets the requirements of Section 9.20(1), Wisconsin
Statutes, in that they equal or exceed 15 percent of the votes cast for
governor at the last general election in the City. I determined that 860
signature lines are sufficient, exceeding the required 751 valid signatures.
On August 23, 1994 I further certified that I reviewed the form of the
proposed ordinance and resolution and determined that Section 9.20, Wisconsin
Statutes, does not authorize such a form. Under the statute, the proposed
legislation must be in the form of either a resolution or an ordinance or a
charter ordinance. It may not be in a ccmbination of such forms. 0
In my certificate of August 23, 1994, I further stated the particulars of
the insufficiency of the documents submitted to me and notified the person
designated of the insufficiencies.
On August 24, 1994, the attached letter dated August 24, 1994 was submitted
to me along with a document entitled, "An Ordinance to Establish Term Limits
for the Offices of Mayor and Alderman, and Urging Term Limits for State
Legislators and Members of Congress" and a document dated August, 1994 from
Wisconsin Term Limits, all of which are attached hereto. No new petition was
submitted nor was the original of the old petitions resubmitted. My office has
a copy of the original petitions. I hereby certify that the documents are
sufficient and in substantial compliance with Section 8.40, Wisconsin Statutes,
as to proper form, and I am submitting the same to the Common Council.
Certification is not provided as to the legality or asppropriateness of the
petition and other documents submitted.
Dated in Muskego, Wisconsin this 31st day of August, 1994.
CITY OF MUSKEG0
ffpan K. Marenda, CMC
Yity Clerk