Walker signs bill targeting Milwaukee board

By Beth Kevit

Some Milwaukee County supervisors are worried they will wander into gray areas of a new reform law as soon as they try to talk to department leaders.

Gov. Scott Walker signed a state bill into law Friday that limits the power of the Milwaukee County Board of Supervisors. State Rep. Joe Sanfelippo, R-West Allis, proposed the bill as one of his first actions in office after being elected to the Legislature in fall after serving on the County Board.

Under the law, Milwaukee County supervisors may not be involved in crafting real estate negotiations. They will have less oversight over contract signing. They must operate with a reduced budget and could see their salaries cut roughly in half, pending the results of a binding 2014 referendum.

But an immediate concern to some supervisors is how often they can pick up the phone to talk to department leaders.

“This is one of the most concerning and confusing parts of the bill,” Supervisor Jason Haas said.

According to the text of the law, supervisors can speak to department leaders to make inquiries, pass along constituent concerns or request they attend a committee meeting. However, the board cannot require any action of a department leader, and supervisors must go through the county executive’s office if they want to go beyond those parameters.

That provision will take effect Sunday, according to the state Legislative Reference Bureau.

The question, Haas said, is: Where is the line between telling a department leader about a problem and directing him or her to fix it?

Supervisor Gerry Broderick said he wonders the same thing. As chairman of the Parks, Energy and Environment Committee, Broderick said, he often speaks with the Parks Department director.

“We’re just going to have to tread very carefully,” he said, “so we don’t find ourselves in a position of violating state law, no matter how stupid it is.”

The board has approved hiring an outside attorney to help the supervisors figure out such unclear aspects of the law, Broderick said, and until that happens, he will be overly cautious when talking to department leaders. If he isn’t, he said, a department leader could construe interest in an issue as a directive to respond in some way.

“Anyone could later claim, ‘Well, Broderick told me to do this,’” he said. “It just creates a gray area that’s absolutely unnecessary.”

Milwaukee County Executive Chris Abele, who supports the law, discounted those concerns.

“That’s a lot about nothing,” he said. “There is nothing in this law that prevents supervisors, nothing that prevents supervisors, from talking to any staff they’d like to.”

Some supervisors agree. Deanna Alexander said she cannot think of any conversation she has had with a department leader that would not be related to an inquiry or a constituent concern. As long as supervisors don’t stray into the executive’s role, she said, they should have nothing to worry about.

Supervisors John Weishan Jr. and Mark Borkowski said they do not intend to change how they interact with department leaders unless they hear a complaint from Abele’s office.

Weishan said he does not believe he must, for instance, call Abele before calling public works to get litter cleaned up on a county highway.

“If he doesn’t like it, he can sue me,” Weishan said. “I don’t care.”

The attorney the board wants to hire provide clarity also could help the supervisors challenge the legality of the law. Weishan has argued the law violates the state constitution and other regulations by inappropriately targeting Milwaukee County.

Chairwoman Marina Dimitrijevic holds the authority to hire the attorney but did not immediately respond to requests for comment Friday afternoon.

Sanfelippo said he is not concerned about a legal challenge, and he dismissed the idea that portions of his law are vague.

“There clearly are no gray areas,” Sanfelippo said. “Anyone who thinks there are hasn’t taken the time to read the bill closely.”

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