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Cudahy council goes into closed session over possible conflict with law firm; directs mayor to sign documents
Summary
At a brief March 17 special meeting, the Cudahy Common Council voted to meet in closed session under Wisconsin Statute Sec. 19.85(1)(g) to consult with legal counsel about a possible conflict of interest involving Godfrey & Kahn and later directed the mayor to sign related documents before adjourning at 6:49 p.m.
The Cudahy Common Council on March 17 voted to move into closed session to consult with legal counsel about a possible conflict of interest involving the law firm Godfrey & Kahn and a real estate matter, then returned to open session and authorized the mayor to sign related documents.
Mayor John Hohenfeldt called the special meeting to order at 6:45 p.m. and the council read the required open meeting statement. The roll call showed Council Members Moralez, Schissel, Hollenbeck and Bartoshevich present; Alderperson Litkowiec was absent and excused. City Clerk Dennis Broderick and City Attorney Eberhardy were also in attendance.
Ald. Schissel moved that the council adjourn into closed session under Wisconsin Statute Sec. 19.85(1)(g), which permits a governmental body to confer with its legal counsel, citing a possible conflict of interest with the law firm Godfrey & Kahn in connection with a real estate matter; Ald. Bartoshevich seconded the motion. On the roll call vote the motion carried unanimously.
After the closed-session consultation, Ald. Hollenbeck moved and Ald. Schissel seconded that the council adjourn the closed session and reconvene in open session; that motion also passed on a roll call vote. Back in open session, Ald. Moralez moved and Ald. Schissel seconded a motion to direct Mayor Hohenfeldt to sign appropriate documents arising from the closed-session discussion. The motion carried unanimously.
The council then approved a motion to adjourn, made by Ald. Bartoshevich and seconded by Ald. Schissel; the meeting adjourned at 6:49 p.m. The minutes of the special meeting were signed and later passed and approved on April 8, 2015.
Why it matters: The council used the closed-session authority in Sec. 19.85(1)(g) to receive legal advice about a potential conflict involving an outside law firm and a real estate matter. The public record in the minutes documents the statutory grounds for the private consultation and the council's subsequent directive that the mayor execute documents identified during that consultation. The minutes do not specify the nature of the real estate matter, what the alleged conflict entails, or the exact documents the mayor was authorized to sign.
What remains unanswered: The minutes identify Godfrey & Kahn by name and note a possible conflict of interest but do not provide details about the underlying real estate transaction, the nature of any conflict, or whether any written opinion or further public report will be produced. The council did not record any specific votes by name beyond noting roll call unanimity; Alderperson Litkowiec was recorded as absent and excused.
