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
Common Council
of the City of Onalaska
Wednesday, March 22, 2006
 
Reviewed 3-27-06