Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the City Attorney Selection topic
No spam. Unsubscribe anytime.
Waukesha council drops plan to make city attorney an appointed post after extended debate
Summary
After hours of discussion about independence and candidate pools, the Waukesha Common Council voted to discontinue consideration of a proposal to change the city attorney from an elected to an appointed position.
The Waukesha Common Council on Sept. 2 ended consideration of a proposed ordinance that would have converted the city attorney from an elected to an appointed position, following several hours of debate among council members and public commenters.
City Attorney Brian Running summarized a draft ordinance that would have the council appoint the city attorney with statutory safeguards intended to preserve independence, including an ad-hoc selection committee and removal only for cause by a supermajority. Running told the council the draft paralleled statutory duties and sought to clarify authorities such as executing routine settlements and engaging outside counsel when appropriate.
Supporters of appointment said it would broaden the candidate pool beyond city residents, allow the council to vet qualifications and promote continuity from within the attorney’s office. “If we make this an appointed position, we open it up to wherever — a much bigger candidate pool to ensure that we have the best city attorney that we can have,” one alderman said.
Opponents argued an elected attorney better preserves legal independence from the mayor, administrator or council. “It needs to remain an elected position,” another council member said, adding that elections remove the risk of political pressure and safeguard the attorney’s ability to say no to elected officials.
The council considered a procedural motion to remove the item from the agenda so the matter would not proceed to a third reading this cycle. A motion to discontinue further action on the proposal carried; the mayor announced the proposal will not appear on the next meeting’s agenda.
The item had generated public comment before the council discussion, with residents urging the council to keep the city attorney elected to preserve independence and accountability to voters. Council members urged colleagues to consult constituents before taking a final vote if the issue returns.
The council did not adopt the draft ordinance and there was no formal change to the city charter or municipal code at the meeting. The matter may be revived in future sessions if council members choose to reintroduce amended language or pursue charter procedures.
