MONROE - Can something so simple to understand be made so complicated to express in law?
The February issue of "The Municipality: A publication of the League of Wisconsin Municipalities" has the answer - "Ten Tips: Using Your Municipal Attorney More Effectively."
"The municipal attorney can play a valuable role in helping a municipality carry out its responsibilities and accomplish its objectives in a lawful manner," begins the article.
The reason for several of the tips in that article were demonstrated at Tuesday night's Judiciary & Ordinance Review Committee (JORC) meeting.
Involve your municipal attorney early
Director of Public Works Kelly Finkenbinder wants to change the way late payment penalty charges are added to stormwater utility bills.
Changing the fee from 1 percent monthly to 3 percent quarterly would put the charge in line with the way water and sanitary sewer late fees are handled. Finkenbinder said it would make computing bills easier for the city.
The Board of Public Works saw the reasoning Monday night and forwarded the issue to the JORC.
The JORC saw the reasoning and even voted to recommend a public hearing and approval to the City Council. A public hearing is needed because the simple idea effected a change in City Code Section 8-7-10 (B): Late Payment for Stormwater Utility Charges.
But making things easier is not easy.
Lawyers are legal advisors, not policy makers
The way the resolution was written to present to Council was troubling for City Attorney Rex Ewald. There was no mention of "quarterly."
And there was no clear identification of "how much" of "which" bill would be calculated.
Understand that your municipal attorney cannot always give a concrete answer
So, what to do?
JORC member Jan Lefevre suggested they amend the recommendation. No, Mayor Ron Marsh told them, you'll have to rescind your previous recommendation.
JORC member Chuck Koch tried to make a motion to send the idea back to the Board of Public Works.
No, Marsh said, you have to rescind first.
The JORC rescinded, and then sent the idea back to the Board of Public Works for rewording.
Be very clear regarding expectations
Ewald said he understood what Finkenbinder and the committee wanted. He would rewrite the code wording.
The February issue of "The Municipality: A publication of the League of Wisconsin Municipalities" has the answer - "Ten Tips: Using Your Municipal Attorney More Effectively."
"The municipal attorney can play a valuable role in helping a municipality carry out its responsibilities and accomplish its objectives in a lawful manner," begins the article.
The reason for several of the tips in that article were demonstrated at Tuesday night's Judiciary & Ordinance Review Committee (JORC) meeting.
Involve your municipal attorney early
Director of Public Works Kelly Finkenbinder wants to change the way late payment penalty charges are added to stormwater utility bills.
Changing the fee from 1 percent monthly to 3 percent quarterly would put the charge in line with the way water and sanitary sewer late fees are handled. Finkenbinder said it would make computing bills easier for the city.
The Board of Public Works saw the reasoning Monday night and forwarded the issue to the JORC.
The JORC saw the reasoning and even voted to recommend a public hearing and approval to the City Council. A public hearing is needed because the simple idea effected a change in City Code Section 8-7-10 (B): Late Payment for Stormwater Utility Charges.
But making things easier is not easy.
Lawyers are legal advisors, not policy makers
The way the resolution was written to present to Council was troubling for City Attorney Rex Ewald. There was no mention of "quarterly."
And there was no clear identification of "how much" of "which" bill would be calculated.
Understand that your municipal attorney cannot always give a concrete answer
So, what to do?
JORC member Jan Lefevre suggested they amend the recommendation. No, Mayor Ron Marsh told them, you'll have to rescind your previous recommendation.
JORC member Chuck Koch tried to make a motion to send the idea back to the Board of Public Works.
No, Marsh said, you have to rescind first.
The JORC rescinded, and then sent the idea back to the Board of Public Works for rewording.
Be very clear regarding expectations
Ewald said he understood what Finkenbinder and the committee wanted. He would rewrite the code wording.