Council waives conflict so Von Briesen can continue representing city in labor negotiations despite potential claim involving Charter Communications

The Waukesha Common Council on June 3 voted unanimously to waive a potential conflict of interest so the Von Briesen law firm may continue representing the city in police and fire contract negotiations even though the firm also represents Charter Communications.

A city staff presenter explained the request followed a notice of injury alleging a pedestrian tripped on a handhole cover in a downtown sidewalk area in front of First Baptist Church. The presenter said the handhole in question appears to be owned by Charter Communications and that, if a lawsuit names both the city and Charter, the firm could become adverse to one client in a cross-claim.

The staff presenter recommended granting the waiver after weighing the likelihood of a substantive conflict. The presenter said, in part, that “the realm of union labor contracts does not really cross over into the realm of defense of personal injury claims,” and that different lawyers and departments within a firm typically handle those matters. The presenter also noted the city values continuity with the attorney who handles labor negotiations.

Councilor Moulton moved to approve the waiver; the motion was seconded and the council approved it unanimously.

The waiver allows Von Briesen to continue work on labor negotiations for the city. City staff said the decision was precautionary: it does not determine future conflicts if litigation progresses and circumstances change.