Sponsor
Alderman Coe
Title
Ordinance 0016-17
An Ordinance to recreate Chapter 2, Article III, Division 8. - Reserved of the City of Racine Code of Ordinances.
The Common Council of the City of Racine, Wisconsin, do ordain as follows:
Part 1: To create sections 2-261 through 2-265 of Division 8, Article III, Chapter 2 to read as follows:
“Division 8. - Due Process Board.
Sec. 2-261. - Created, appointments.
There is hereby created a due process board consisting of 4 citizen members, 1 aldermen and 1 non-voting member of the Tavern League of Wisconsin. The aldermen member of the due process board shall not be a current standing member of the Public Safety & Licensing Committee. The non-voting member of the Tavern League of Wisconsin may be excused from participating in any meeting at his or her request and with approval of the chairman of the board. All members of the due process board shall be appointed by the mayor subject to confirmation by the common council; vacancies shall be filled in the same manner. The due process board shall elect a citizen member from among its membership to serve as the chairman of the board at its first meeting following the common council’s annual organizational meeting.
Sec. 2-262. - Terms; quorum.
(a) Terms. All appointments of members for the due process board shall be for a term of two years. The alderman member of the board shall serve during the time he or she holds his or her respective office and during the period that he or she has been appointed to the board. Appointments shall be made on the third Tuesday in May. The term of office shall begin upon appointment, confirmation and qualification and shall continue until the qualification of a successor. Vacancies shall be filled for the unexpired term.
(b) Quorum and voting. The presence of at least three voting members of the due process board at any meeting duly called shall constitute a quorum. A concurring vote of a majority of a properly convened board shall be required on any matter upon which the board is required to consider under this Article.
Sec. 2-263. - Functions.
The due process board shall have the following powers and duties:
Conduct hearings on an appeal filed by a person adversely affected as a result of the chief of police’s determination of a chronic nuisance premise under Article XXIX of Chapter 66. After such hearing, the board shall either affirm or reverse the determination of the chief, depending on its findings as to whether the criteria for declaring a chronic nuisance premise and assessing costs and forfeitures have been met under the ordinance.
Sec. 2-264. - Hearing procedures.
(a) Procedures. Meetings of the due process board shall be held at the call of the chairman and at such time as may be required pursuant to the functions of the board. The chairman of the due process board shall be the presiding officer and may administer oaths and compel the attendance of witnesses through subpoenas. The chairman shall ensure that an orderly hearing is conducted in accordance with the requirements of this subsection. The chairman shall rule on objections to the admissibility of evidence. Any ruling of the chairman shall be final unless appealed to the board, and the board shall reverse such ruling only upon the vote of a majority of its members present and voting. In the absence of the chairman, the members of the board shall elect one of its citizen members to preside and exercise the functions of the chairman.
(b) A member of the clerk’s office shall be present at each meeting to take minutes and shall keep records of its hearings and other official actions.
(c) All meetings of the board shall be open to the public.
(d) At all stages of the proceedings before the board or before the common council, the licensee shall be entitled to appear both in person and by an attorney.
Sec. 2-265. - Compensations.
Excepting the alderman for his or her role as an elected official, members of the due process board shall receive no compensation for their services.”
Part 2: This ordinance shall take effect upon passage by a majority vote of the members-elect of the City Common Council and publication or posting as required by law.
Fiscal Note: N/A