Legislative Process

Resolutions vs. Ordinances

Resolutions

• Resolutions generally deal with an individual matter, such as approval of a contract, setting internal City policy, or approval of an expenditure. Any person may draft a resolution.
• They only are reviewed by the City Attorney upon request.

Ordinances

• Ordinances generally deal with rules that affect the general public. The zoning and building codes, permits, plus traffic and other offenses that may involve a forfeiture are examples.
• Only the City Attorney may draft an ordinance.
• Codified in the Madison General Ordinances (MGO).

Drafting, Fiscal Notes, and Sponsorship

• Resolutions may be drafted by anyone, but only the City Attorney's Office may draft ordinances.
• All ordinances and resolutions must have a sponsor. The mayor or an alderperson may do so except as provided in Sec. 2.05(6), MGO (Board of Public Works, Planning, and the Attorney's Office).
• After drafting, must go to Finance Department for a fiscal note, so drafters must plan enough time for that.
• Find a sponsor before drafting.
• Contract approvals must include legal name of other party, authorized named City officials to sign, and the purpose and amount of contract.
• Standing committees are created by ordinance.
• Committees must include name, purpose, membership, plus appointment and end date.

Committees and Sec. 33.01, MGO

• The result of a long process to bring order to Boards, Committees and Commissions. Most of these Sub-units are now in Chapter 33.
• Committees must have a name, duties and powers, membership and appointment process.
• Standing or permanent Committees are to be codified in the MGO.
• Ad hoc committees are created by resolution or written order of the mayor or Common Council president and must have an ending date or event.
• See the template for Committee creation.
• Committees make recommendations to the Council.
• Boards or Commissions have some power to act without further approval of the Council.
• Sub-committees are made up of members of the Committee and may be created by the Committee.
• Common Council may not amend appointments without the mayor’s consent.
• Normal terms are 3 years; an alderperson's term on City bodies is one (1) year.
• 12-year term limit unless 2/3 of Council says otherwise.
• 15-minute rule to establish a quorum.
• Majority vote of quorum and of attendees.
• Rules of Procedure and role of the Chairperson.
• Council participation.
• Dates not to meet.

Introduction of Legislation

• The general rule is that ordinance or resolution must be introduced at one Common Council meeting and then considered at a later meeting.
• Common Council may suspend this rule by a 2/3 vote and act at the same meeting as introduced.
• Proposed ordinances must be transmitted to the City Clerk by Wednesday before a Tuesday meeting.
• Ordinances may be introduced from the floor.

Committee Referral Process

• Nearly all items are referred to a Board, Commission, or Committee of the City.
• If multiple referrals, the first Committee listed is the “lead referral.” Others are “secondary referrals.”
• The process works best if secondary referrals act before lead referral. They may make suggested changes in the proposal.
• Council may act without referral, and, with a few exceptions (Plan Commission), need not wait for a committee to act.
• MGO Sec. 2.055(2) requires each referral to designate the date on which the recommendations from City bodies must return to the Council.
• Action of the lead referral is normally the proposed action on the Council floor. Lead referral examines other suggestions.

Substitutes, Alternates, and Amendments

• Basic Rule: Any change in the legislative proposal after introduction must be made by a person with authority to sponsor legislation, which will then be given a different name depending on who sponsors the change and when it occurs.
• If the lead sponsor desires changes in the ordinance or resolution prior to the time it reaches the Council floor, a substitute is created. Multiple substitutes create numbered substitutes (e.g., Second Substitute Resolution).
• If an alderperson or the mayor want changes prior to the time the proposal reaches the Council floor, and the lead sponsor does not support those changes, then an Alternate is created. Multiple alternates may also be numbered.
• Committee staff should check with the lead sponsor (and other sponsors, as a courtesy) to see if they support suggested changes.
• Substitute or alternate ordinance proposals must be drafted by the City Attorney.
• Committees may also make recommendations that show up in the legislative history; even without a substitute or alternate, these may be considered on the Council floor.
• Any change to a proposal made on the Council floor results in an amendment to the proposal.
• Thus, we may end up with an Amended Second Substitute Ordinance, or Amended Third Alternate Resolution, etc.
• Prior versions of the proposal should be kept in Legistar as an attachment.
• Substitutes or alternates must have a fiscal note.
• The preferred legislation on the Common Council’s agenda normally will be the version recommended by the Lead Committee, if that version obtains a sponsor. The lead referral’s recommended action will stand as a substitute if it is supported by the lead sponsor; it will stand as an amendment if the lead sponsor does not support it and another alder does. Other versions will be an attachment in Legistar to the preferred proposal. However, the Council President can approve a recommended action different from the lead referral with the consent of the lead sponsor.
• Do not confuse our use of “substitute” in the Legislative Process with a special type of amendment which may be offered on the Council floor under Robert’s Rules and called a substitute amendment.

Public Hearings

• Members of the public are allowed to speak to any item on the Council agenda that is up for consideration.
• Members of the public may speak at Committee meetings on agenda items or anything else. Committees may not act on a new item if not on the agenda but may ask questions.
• There is a three-minute limit on regular Common Council agenda items and for Public Hearings.
• By statute, some things (e.g., zoning change, special assessments, new liquor license) must be preceded by a public hearing, which is why they appear that way on agenda.

Placing on File

• The equivalent of a motion to delay or postpone indefinitely, "to place on file" is a recommendation to not adopt without voting down the proposal.
• This avoids a motion stated in the negative.
• It must specify whether the motion recommends placing it on file with or without prejudice. "With prejudice" prohibits substantially the same proposal from being reintroduced within sixty (60) days.
• If a motion to recommend approval fails, the best practice is to then consider a motion to place on file.

Approval and Effective Date

• All matters must get the vote of eleven (11) Council members, regardless of number voting.
• Some matters require 2/3 (14 votes) or ¾ (15 votes).
• The mayor may only vote in the case of a 10-10 tie.
• The mayor has a right to veto; a 2/3 vote by the Council is needed to override the veto.
• After meeting, Clerk prepares “proceedings” of the meeting.
• The mayor signs the proceedings. This usually is a day or two after the meeting.
• Legislation goes into effect one day after the proceedings and summaries of legislation are published in the official newspaper, which usually happens within a week or so of the meeting.

Drafted May 2016; revised October 2025.

For questions, please contact the City Attorney's Office at (608) 266-4511.