Advisory — Green Bay, WI
Date: 2011-06-01
Time: 17:00

MINUTES
 ADVISORY COMMITTEE
 Wednesday, June 1, 2011
 City Hall, Room 604
 6:00 p.m.
MEMBERS PRESENT: Council President Tom DeWane, Council Vice-President
Amy Kocha, Ald. Chris Wery, Ald. Steve Deneys, Ald. Jerry Wiezbiskie

MEMBERS EXCUSED: Ald. Tony Theisen

OTHERS PRESENT: City Attorney Tony Wachewicz, Members of the Media


1. Call to Order.
 The meeting was called to order at 6:00 p.m. by Chairman, Ald. Tom
 DeWane. Attendance was taken as noted above.

2. Approval of the agenda.
 Motion made by Ald. Wery, second by Ald. Wiezbiskie to approve the
 agenda. Motion carried.

3. Approval of the minutes of the March 3, 2011 Advisory Committee.
 Motion made by Ald. Wery second by Ald. Wiezbiskie to approve the
 minutes of the March 3, 2011 meeting of the Advisory Committee, as
 submitted. Motion carried.

4. Request made by Ald. Zima that the Council consider changing our
 City policy/ordinances to allow the right of reconsideration on all
 City matters including appointments by the Mayor.
 Chairman De Wane requested a motion to hold this item until the end of
 the agenda to allow time for Ald. Zima to arrive. Motion made by Ald.
 Weizbiskie, second by Ald. Kocha to hold this item until the end. Motion
 carried.

5. Request by Ald. Dorff and Wery to capitalize on positive press,
 recent and current redevelopment, and cause the fewest problems
 for residents and businesses, the City shall select portions of
 Gregby and/or Washington Way as the sites for a potential
 “McCarthy’s Way”.
 Ald. Wery stated he isn’t certain why this went to both committees and
 believes this item is before the I&S Committee right now, but Ald. Kocha
 said it has not come before I&S. Ald. Wiezbiskie said it was also referred
 to Planning. Ald. DeWane inquired of Atty. Wachewicz if it would be a
 proper motion to receive and place on file since there was a pending
 referral to I&S. Atty. Wachewicz said this would be appropriate. Ald. Wery
 stated this item previously went to the Traffic Commission and Brad Hopp,
 Chair of the Traffic Commission called and said he does not want to see
 this downtown. Ald. Wery said Ridge Road was tossed around a lot but
 many residents in his district are not in favor of renaming Ridge Road,
 which would cause them hardship. He suggested renaming another street
 around Lambeau Field instead. Ald. Wiezbiskie believes this deserves
 more thought and is not in favor of a small street like Gregby Way, or it
 isn’t worthy of calling it McCarthy’s Way. He feels we need to do more
 work on this and agrees with Brad Hopp. Ald. Deneys stated this needs to
 be put somewhere on the west side, possibly an off ramp or bypass from
 the highway. This would cause no hardship to residents or businesses.

 Motion made by Ald. Deneys, second by Ald. Wiezbiskie to receive and
 place on file. Ald. DeWane said he agrees that residents on Ridge Way
 (Road) should not be placed in a hardship and we should take the time to
 look at another street. He said Ashland is one option and feels this is
 deserving of an appropriate street.

 A vote was taken on the motion to receive and place on file. Motion
 carried.

6. Request by Ald. Kocha for an ordinance relating to registration of
 lobbyists.
 Ald. Kocha said this started quite a while back when the City was trying to
 come forward with ideas related to open government. She believes any
 person who is hired to try to influence the posture of any legislation,
 ordinances or activity that is going on in the City, be on record as such.
 She indicated she worked with Atty. Decker to draft an ordinance, which is
 included in the packet.

 Motion made by Ald. Kocha, second by Ald. Wery, to approve the
 ordinance relating to registration of lobbyists, as drafted.
 Discussion: Ald. Deneys inquired if the ordinance pertains to use of City
 Hall for lobbying? Ald. Kocha responded it has nothing to do with City Hall
 but refers to anyone hired to talk to elected officials to influence the way
 government is going to act. They would need to register and pay a $20
 fee and indicate who they are lobbying for and how much they are being
 paid. The point is trying to make the public aware that someone is
 concerned enough about a certain issue that they are willing to try to
 engage with elected officials.

 Brief discussion ensued regarding the draft ordinance. Ald. Wiezbiskie
 would like to see added that City Council members be notified when
 lobbyists register for an entity. He suggested either via email or a phone
 call. Ald. Deneys and Kocha agreed with notifying Council members.
 Atty. Wachewicz said this could be added in sub (2) under the registration
 process and add (f) that would require the City Clerk to provide copies of
 any registrations by lobbyists to City Council members. Ald. Kocha
 inquired about adding it as sub (5), with Atty. Wachewicz stating he would
 add the item as sub (4) and move penalties down to (5). After further
 discussion, it was agreed to amend the Ordinance to require the City Clerk
 to provide notification to any elected officials via mail and phone, when a
 registration is received for a lobbyist.
 A vote was taken to approve the ordinance as amended. Motion carried.

7. Request by Ald. Wiezbiskie to review the resignation process for
 aldermen to assure immediate dismissal upon resignation.
 Ald. Wiezbiskie stated in the normal business world, it is customary when
 a person decides they are leaving, he is gone immediately. Usually an
 officer of the company walks them to the door and they pack up the
 employee’s belongings and deliver to them. He state in some incidents,
 the locks on the doors are changed. In a recent incident in the city, a city
 official wavered back and forth that he was leaving and when and was still
 involved in city business, making decisions. He suggested referring to the
 Mayor’s staff to come up with a policy. Atty. Wachewicz responded that
 the question in the situation referred to by Ald. Wiezbiskie, was what was
 going on exactly, and said the unique perspective is there was a question
 if the individual was still living in the district and when the resignation was
 to become effective. If there is a question whether someone has moved
 out of the district, he indicated it may be necessary to file a writ and go
 through the court process and let the court decide if the person has
 vacated their district and are acting in their lawful authority. Another
 example would be having an alderperson say they are resigning effective
 immediately. Atty. Wachewicz said when you have the question of a date
 that is out there, it’s difficult to declare the person as vacated from that
 office.

 Ald. Kocha questioned if we are bound statutorily in any way when it
 comes to elected officials when it comes to a resignation date? She would
 support the idea of sending this to staff to research and provide
 clarification on what our options are. She expressed concern with making
 a distinction between a verbal expression of leaving or asked if it has to be
 in writing? She wants to eliminate this gray area of if a person is or is not
 in office. Atty. Wachewicz responded this goes back to another question
 of having something definitive. Ald. Wiezbiskie would like this to include
 all city employees. Ald. Kocha said employment law will dictate those
 things, under Human Resources. Ald. Wiezbiskie will send
 communication to Human Resources. After further brief discussion, Atty.
 Wachewicz said they could refer to staff to put something more definitive
 together. He will contact Ald. Wiezbiskie before the final draft to be certain
 he is satisfied with the content.

 Motion was made by Ald. Wiezbiskie, second by Ald. Kocha to refer to
 staff. Motion carried.

8. Referral from Council to discuss voter fraud in Green Bay.
 Ald. DeWane inquired if any action is needed with the Governor’s Voter ID
 Bill, which may have been signed today. Ald. Deneys indicated he initially
 brought this up and would like to keep this on hold to be kept to updated.
 Atty. Wachewicz said it sounds like passage of the Voter ID bill is
 imminent. Ald. Kocha suggested asking for an update at Council since the
 Advisory Committee meets infrequently and since the City Clerk is not
 present to address this item. Ald. Deneys wants to keep this item active.
 Motion made by Ald. Kocha, second by Ald. Wiezbiskie to request the City
 Clerk to address this item at Council and to give an update. Motion
 carried.

9. Request by Ald. Wiezbiskie to review policies referencing use of City
 Hall by outside parties and set some reasonable guidelines to ensure
 normal business use.
 Ald. Wiezbiskie stated he brought this up due to some minor disruptions in
 normal city business when the recall issue was happening. He asked for
 something more firm in the form of a policy as to what activities are
 acceptable in City Hall. He indicated Parks is in charge of policing what
 happens at City Hall. He stated he was a bit offended by the actions when
 he came to city hall during this time. Atty. Wachewicz distributed a draft of
 scheduling procedures for City Hall meeting rooms. He indicated some of
 the procedures date back to 1990 and said the committee could have a
 discussion and decide if there is anything they would like to add. He
 recommended that any guidelines that might be set, the committee keep
 in mind people’s right to express themselves. He said they have the right
 to set guidelines based on time, place and manner, reasonable type
 restrictions. He cautioned against regulating any meeting based on what
 the group’s content or view point might be.

 Ald. DeWane inquired if they could include no political lobbying? Atty.
 Wachewicz said this would involve a political candidate using the building
 for their own political gain, which is prohibited. The case in point is a
 general kind of organization doing something. Ald. DeWane questioned if
 Council members are considered City employees? Atty. Wachewicz said
 more or less, yes. Ald. DeWane inquired about Alderpersons collecting
 signatures, Atty. Wachewicz said alderpersons have a right to their own
 personal rights and political views. Ald. Kocha said it’s important to
 distinguish whether they are collecting signatures for their own election or
 acting as a citizen and supporting someone else. She also said that while
 they are city employees, they are in a different category as elected
 officials. She commented that the group not act in haste because we
 didn’t like a group collecting signatures for their cause in City Hall, but said
 she supports not limiting how City Hall should be used.

 Ald. Wiezbiskie made a motion to refer this item back to the next Advisory
 Committee meeting with committee members to bring back ideas,
 including use of the hallways. Ald. Kocha seconded the motion. Motion
 carried.

10. Request by Ald. Wery that, should Brown County decide to decrease
 the number of Green Bay supervisors from 12 to 11, that the City of
 Green Bay maintain our current 12 Council members.
 Ald. Wery said this wasn’t an issue and then it was. He said the County
 Board decided we were going to have 12 but the County Executive is
 challenging the plan and it’s in legal limbo right now. He inquired if we
 should hold this item until the County resolves it or we can move ahead
 with what the County Board approved. Ald. DeWane gave an update, as
 a County Board Supervisor stating that the County Executive and Director
 Lamine are in the process of making their own district mapping. He said
 it’s never been done that way and he believes it will end up going to court.
 He feels we can hold this item until we know what the decision will be.
 Ald. Wiezbiskie stated we all have the right to draw up our own maps and
 present them for the court case, as he understands it. He said he has
 been told by the Mayor’s Office we have the right to set up our Aldermanic
 people as we see fit. Ald. DeWane agreed with Ald. Wiezbiskie stating this
 won’t need to be brought back to Advisory because the city has their
 choice. Atty. Wachewicz commented that the tentative supervisory district
 plan is in limbo and June 6th is the deadline for any resident or municipality
 to submit their own plan and at that point it’s up to the court to make a
 decision. Once the city receives the tentative supervisory plan, that kicks
 in our 60-day time limit to draw our own wards and go about our process.

 Ald. Wery made a motion, second by Ald. Deneys to refer this item to
 Planning with the recommendation to keep 12 aldermen. Motion carried.

11. Request by David and Brenda Nichols for a review of the actions of
 Ald. Wery in matters related to them that are or have been before the
 Green Bay City Council and its committees.
 The Council may convene in closed session pursuant to Sections
 19.85(1)(g), Wis. Stats., to confer with legal counsel with respect to
 litigation in which it is or is likely to become involved. The Council
 may thereafter reconvene in open session pursuant to Section
 19.85(2), Wis. Stats., to report the results of the closed session and
 consider the balance of the agenda.
 Ald. DeWane stated that he didn’t receive a call from David or Brenda
 Nichols or the attorney’s office. Ald. Deneys inquired what this is all
 about, with Atty. Wachewicz stating he doesn’t know. Motion was made by
 Ald. Deneys, second by Ald. Kocha to receive and place on file. Ald.
 Kocha said there is no one here to discuss this item and she agrees with
 the motion. Ald. Wiezbiskie suggested convening in closed session if
 further discussion was necessary. Ald. DeWane indicated there was no
 need to convene in closed session.

 A vote was taken on the motion to receive and place on file. Motion
 carried with Ald. Wery abstaining.

4. Request by Ald. Zima that the Council consider changing our City
 policy/ordinances to allow the right of reconsideration on all City
 matters including appointments by the Mayor.(Held up pending arrival
 of Ald. Zima) Ald. Zima did not arrive for this item. Ald. Kocha stated
 attached is information from Atty. Kail Decker, which is a good
 informational piece as to how the law pertains to this. She supports a
 motion to receive and place on file. Ald. DeWane stated he likes to give
 the person another chance to discuss the item, with Ald. Kocha said the
 item could be pulled at Council and discussed. Ald. Wiezbiskie said this
 information is included in the manual that Alderpersons are given when
 they are elected.
Motion by Ald. Kocha, second by Ald. Wiezbiskie to receive and place on
file. Motion carried, with Ald. DeWane voting No.

There being no further business, a motion was made by Ald. Deneys,
second by Ald. Wiezbiskie to adjourn. Motion carried.

Respectfully submitted,

Mary Haupt, Recording Secretary