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Committee debates switching Waukesha city attorney from elected to appointed, asks attorney to revise draft ordinance
Summary
Committee members debated a draft ordinance to make the city attorney an appointed position rather than elected, raising concerns about independence, removal thresholds, reporting lines and authority to hire outside counsel; members asked the city attorney to produce a revised draft after receiving written comments.
Council member Beth introduced a referral and draft ordinance proposing that the city attorney be appointed rather than elected, explaining the referral’s purpose is “for the city to consider and then this committee to consider how to choose who whomever is our attorney after Brian is done serving.” Beth said she was not questioning the incumbent’s performance but raised concerns about the draft language — including the city attorney’s authority to bind the city, rules about outside counsel, and the proposed standard for removal. She said the ordinance as drafted could over-protect the attorney and leave the city with less flexibility.
Committee members offered divided views: some supported appointed status to widen the candidate pool and allow a recruitment-and-evaluation process; others stressed the value of an elected city attorney’s independence and anonymity, and cautioned that the draft’s proposed removal threshold (0.75 of full membership) was higher than the 0.667 standard for the city administrator. Alicia and other members recommended tweaking the draft and asked colleagues to email suggested edits to Brian, the city attorney, so he can produce an updated ordinance for a future meeting.
