Waukesha council mulls changing city attorney from elected to appointed; proposal halted for now

A proposal to change the Waukesha city attorney from an elected office to an appointed position drew extended discussion at the Common Council meeting on Sept. 2 before council members voted to discontinue the current ordinance effort.

Supporters said appointing the city attorney would broaden the candidate pool beyond residents and allow the council to better vet specialized legal candidates. “I want the largest pool of applicants possible rather than someone who happens to live in the city,” said Alderman Evan Slaven, noting that an appointed hire could allow internal promotion and attract candidates who would not run for election.

Opponents said an elected city attorney provides stronger independence from elected officials. “Keeping it an elected position is the most certain and strongest way to maintain the independence of the position,” said Alderman Eric Payne, who stressed that the office must be able to refuse politically driven requests.

City Attorney Brian Running, who presented a draft ordinance earlier in the process, summarized the proposed framework and explained the statute-based rationale behind many provisions. Running said the draft was drawn from existing city-administrator language and state law and emphasized that many duties are statutory under Wisconsin law. He told the council the draft was primarily intended to preserve the office’s independence, including a proposed ‘‘for cause’’ removal standard and a three‑quarters vote threshold for removal. Running also noted routine authorities it would codify, such as the city attorney’s existing ability to settle municipal matters and to engage outside counsel with oversight.

The council heard public comment earlier in the meeting from residents who favored keeping the office elected. Lisa Sald said the city should “preserve the independence of the office. Keep it elected.” Charles Betker also urged caution, saying voters should be consulted.

Several alderpersons urged more constituent outreach before any change. After extensive discussion, Alderman Eric Payne moved to discontinue consideration of the proposal at this time. The motion to discontinue the proposal carried, and the item was removed from the next meeting’s agenda.

City Attorney Running announced to the council at the end of the meeting that he intends to run for re-election.

Why it matters: The city attorney advises the council and city departments on legal issues and supervises the city’s law business. Changing how the position is filled would alter the city’s governance structure and the selection and accountability process for a statutory legal officer. The council did not adopt the draft ordinance; members asked for further constituent outreach and discussion before any future action.