Parliamentary Procedure FAQ 3

In cities, when a particular measure must be enacted by a majority, three-fourths or two-thirds vote of all the members of the common council, such as a budget change, is the mayor included in calculating the total membership of the council and thus the number of votes necessary to take the action?

No. The mayor is only counted if the mayor votes due to a tie. Wis. Stat. sec. 62.11(1) provides as follows:

The mayor and alderpersons shall be the common council. The mayor shall not be counted in determining whether a quorum is present at a meeting, but may vote in case of a tie. When the mayor does vote in case of a tie the mayor's vote shall be counted in determining whether a sufficient number of the council has voted favorably or unfavorably on any measure.

In any extraordinary or super majority vote setting, the mayor is not counted unless the mayor votes because there is a tie. If the mayor votes, then the mayor is counted as a member of the council for purposes of determining the number of votes necessary to pass the measure and whether the necessary extraordinary vote requirement has been met.

Bear in mind that the only time the mayor's vote will be a matter of consequence is when the measure must be enacted by a majority of all the members. If there is a tie vote and the measure must be enacted by a three-fourths or two-thirds majority, then the measure will fail regardless of whether the mayor votes. This conclusion is based on conversations Daniel Olson had with Franklin City Attorney Jesse Wesolowski on this issue and his analysis of Seelig v. City of Ripon, 237 Wis. 533 (1941) and the legislative history of sec. 62.11(1), Stats.