Title
Subject: (Direct Referral) Communication from the City Attorney presenting a proposed Policy for the Use of City Hall. (Res.09-1330)
Recommended: that the following policy be adopted:
USE OF CITY HALL COUNCIL CHAMBERS POLICY
I. General.
The City Hall was constructed to serve the general public by providing a facility conducive to the conduct of public business. Technological advances and the installation of recording and broadcast equipment in the Council Chambers have made the Council Chambers a particularly desirable area for the civic purpose of informing and educating the public.
II. Use of Council Chambers.
1. The use of the Council Chambers shall be permitted with or without charge, when available to any governmental entities, public service agencies or non-profit organizations on a first-come, first-serve basis. Definition of “not for profit corporation” or “nonprofit corporation” means a corporation or association that is registered with the State of Wisconsin and no part of their income is distributed to its members, directors, or officers. The term does not include representation of any political party or religious group.
No group, committee or representative shall be permitted the use of Council Chambers for the purpose of selling, buying, advertising services or products, or for the purpose of campaigning. Use of Council Chambers by persons or organizations for purposes contrary to federal or state laws or City of Racine ordinances is not allowed. Additionally, the Council Chambers shall not be used for private or religious ceremonies or activities.
2. No admission fees or tuition may be charged to those in attendance.
III. Use Priority.
1. Classification of Activity Types.
Priority One. Priority One activities are those of the Racine City government, including elected and appointed officials, staff meetings, standing committee meetings, official City committees, commissions and boards.
Priority Two. Priority Two activities are those of other governmental agencies, including the federal government, the State of Wisconsin, Racine Unified School District or other similar organizations.
Priority Three. Priority Three activities are those of non-governmental entities, including non-profit organizations, community organizations and other similar organizations.
Priority One activities shall have priority over all other uses. If there is a scheduling conflict, the Priority One activity will have priority. Any other activity will be cancelled or rescheduled to accommodate the Priority One activity. Any exceptions to this rule must receive the approval of the Mayor, or in the Mayor’s absence, the City Administrator. In the event of a conflict, the Building Supervisor shall contact the group or individual whose activity conflicts with the Priority One activity as soon as possible and attempt to reschedule the conflicting activity.
Priority Two activities shall have priority over Priority Three activities. City sponsored activities shall have priority over non-City sponsored activities. If there is a scheduling conflict between a Priority Two activity and a Priority Three activity, the Priority Three activity will be cancelled or rescheduled to accommodate the Priority Two activity. In the event of such a conflict, the Mayor’s Administrative Assistant shall contact the group or individual whose activity conflicts with the Priority Two activity as soon as possible and attempt to reschedule the conflicting activity.
In the case of conflicting activities with the same priority designation (such as two (2) Priority Three entities requesting a reservation for the same date and time), priority shall be given to the first to request a reservation.
2. Dispute Resolution.
In the event that a dispute arises regarding an application for use of the Council Chambers, the Mayor or the Mayor’s designee will make a determination as to whether the proposed forum, informational meeting or activity is legal, lawful and complies with this Use Policy. If the applicant disagrees with the decision rendered by the Mayor or the Mayor’s designee, the applicant may appeal the decision to the City Council.
3. Use Policy Subject to Change.
Any other rules or regulations pertinent to the effective and efficient operation and preservation of the Building will be established as necessary by the governing body and enforced by the Mayor or the Mayor’s designee.
The City’s governing body reserves the right to amend and terminate the Use Policy and related rules at any time when deemed necessary or desirable by the governing body.
4. Liability.
i. All groups using the Council Chambers must agree to hold the City of Racine harmless from any and all claims by persons arising from use of the facility.
ii. Prior to approval, applicants must state that the applying organization does not discriminate on the basis of race, creed, color, national origin, sex, age, religion, disability, marital or veteran status or any other basis that is protected under local, state or federal law.
iii. Authorized use shall be limited to those facilities specified in the Application.
IV. Procedure for Applying.
1. Application forms may be obtained from the Department of Public Works during normal office hours, or be mailed to the applicant.
2. Application blanks shall be fully completed by requesting organizations and returned to the Department of Public Works at least one week but not more than eight weeks prior to the scheduled use. If an application is on file from a previous request, a request may be accepted by telephone. Reservations shall not be official until the Department of Public Works has signed the application and informed the applicant of its status.
3. Any group or organization using the Council Chambers for the purpose of convening a public meeting must conform with “open meeting law” requirements pursuant to Wisconsin Statutes.
4. Use of other City Hall facilities shall be governed by past practice or, to the extent they exist, departmental policies.
Fiscal Note: N/A