The Meeting of the Common Council was called to order at 6:00 p.m. on
Wednesday, March 22, 2006. It was noted
that the meeting had been announced and a notice posted at City Hall.
Roll call was taken, with the following members present: Mayor Jim
Bialecki, Ald. Mike Giese, Ald. Jim Olson, Ald. Diane Oldani Wulf, Ald. Bill
Leathen and Ald. Kim Smith. Ald. Gary Gonczy was excused. Also present: City
Clerk Cari Burmaster, Financial Services Director Fred Buehler, and Attorney
Dawn Harris.
Consideration
and possible action on the following items:
Item 2 – Request from City of La Crosse to purchase water from the City
of Onalaska.
Mayor Bialecki referred the members to copies of an agreement dating back
to 1965. Mayor Bialecki reported that the agreement has been reviewed and
updated by Attorney Sean O’Flaherty.
Fred noted that the agreement is structured to use the current water
rates.
Ald. Leathen noted that in times of severe drought the City asks it
citizens to limit lawn watering. Ald. Leathen asked if the agreement indicates
that La Crosse County would be asked to do the same.
Mayor Bialecki responded, “I suspect, if that were a severe enough
drought, that La Crosse would probably require the same”.
In response to a question from Ald. Giese, Fred reported that MG-1 is the
code for a generic residential rate.
Motion by Ald. Wulf, second by Ald. Olson, to approve the agreement and
letter of understanding regarding the request the City of La Crosse to purchase
water from the City of Onalaska. On voice vote, motion carried.
Item 3 – Authorization to hire an outside labor attorney.
Mayor Bialecki noted that there are three individuals for consideration
for outside labor attorney.
Ald. Leathen asked if there were recommendation. Dawn stated that all three of the candidates
are qualified. One is local and would be “the most reasonable option, expense
wise”, One has been referred by CVMIC. This individual recently successfully
argued a disciplinary case in La Crosse. The third candidate is from Eau Claire
and would be the most expensive.
Dawn explained that she would not be able to represent the Police &
Fire Commission in this case. Dawn said, “I’m too involved in the underlying
investigation”.
Ald. Giese asked why is the representation required.
Dawn responded, “Whenever there’s a disciplinary matter that has to go in
front of Police & Fire Commission, they need to have representation to make
sure that they’re dotting their ‘Is’ and crossing their ‘Ts’ procedurally
regarding all the due process requirements for such a hearing. The City
Attorney always takes one roll. In this case I’m too involved in the underlying
investigation to be neutral enough to represent the Police & Fire
Commission. Either way we were going to hire one of the roles. So, I will be
proceeding with prosecuting. So this person will be objectively representing
the Commission. We’re not putting me in that position because that would give
the union a legal argument to argue against the City that the proceedings would
have been biased. So, that’s why we’re putting me in the prosecutor position”.
Ald. Giese asked what is the required skill set for this type of
attorney.
Dawn responded, “They need to understand labor. They need to understand
the civil, the municipality aspects of the laws; the meetings required and the
proper notices for the hearing, the evidentiary issues. They also need to be
strong enough to handle quite adversarial union attorneys. So, they really need
to be knowledgeable on what they’re doing. And these three candidates would all
meet that bill”.
Dawn stated that it is her understanding that the Police & Fire
Commission would prefer to work with Tom Sleik.
Motion by Ald. Smith, second by Ald. Wulf, to hire Tom Sleik as the
outside labor attorney. On voice vote, motion carried.
Item 4 - Any other business that may come up subsequent to this notice
There being no further business to discuss, motion by Ald. Giese, second
by Ald. Smith, to adjourn at 6:10 p.m.
On voice vote, motion carried.
Recorded by:
Holly Traffas