Executive committee approves ordinance setting procedures for alder removal hearings

The Madison Common Council Executive Committee on March 11 approved an ordinance to create section 2.37 of the Madison General Ordinances establishing procedures for removal hearings of alderpersons, passing the measure 5-1.

The ordinance adds a procedural step in which the council determines whether the allegations, assuming they were true, would state a claim for removal under the governing statute; if the council makes that determination the city attorney is then directed to prepare and introduce an authorizing resolution to initiate a hearing. The committee approved the measure on a roll call of five ayes and one no.

President Figueroa Cole, chair of the Common Council Executive Committee, called the item and placed it before the body. Alder Harrington McKinney questioned whether the council had enough information to decide at that initial stage and asked that the city attorney be present to provide legal guidance. "How can the alders make that determination without having all the facts?" McKinney asked during the discussion.

City Attorney Haas said the proposed step was intended as a gatekeeping device and compared it to a court practice of dismissing claims that would not state a legal cause of action. "The council is to determine whether the allegations, if true, would state a claim for removal of an alder under the statute," Haas said, adding his office would explain the legal standard but not dictate how individual members should vote.

Committee members also discussed practical points the ordinance does not define, including what counts as a "resident taxpayer." Haas noted the statute requires a resident taxpayer may file a complaint but does not specify the type of tax (property, sales, etc.), and that the complaint process requires a verified affidavit filed with the clerk's office. He also confirmed the statute requires a transcript of any hearing and that a complaint could be filed even without the city adopting the local ordinance.

The committee recorded the vote by roll call: Vice President Duncan, Alder Govinda Rajan, Alder Conklin, Alder Martinez Rutherford and Alder Ugar voted aye; Alder Harrington McKinney voted no. The committee approved the ordinance and directed follow-up steps to finalize the ordinance language and implementation logistics, including city attorney support for the council and procedures for hiring a hearing officer and obtaining transcription.

The ordinance now moves forward for next steps consistent with council procedures; committee members said they expect to revisit language and implementation at a future meeting if needed.