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Discussion and consideration of the Aldermanic vacancy in District 6 pursuant to Section 2.04.020 of the Wauwatosa Municipal Code
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Submitted by:
Zach Kessler, Director of Municipal Services
Deyanira Nevarez, City Clerk
Department:
Municipal Services - City Clerk’s Office
A. Issue
At the April 2026 election, Sean Lowe was elected to the office of Alderperson for the City’s sixth aldermanic district. Mr. Lowe subsequently resigned from that position on April 30, 2026, thereby creating a vacancy in the sixth aldermanic district.
Section 2.04.020 of the Wauwatosa Municipal Code defines and governs aldermanic vacancies and establishes the process for determining whether they are filled by election or by Council appointment. At the time the vacancy occurred, Section 2.04.020 had not yet been updated to reflect the City’s transition to a twelve-member Common Council consisting of one alderperson per district, which became effective on April 21, 2026.
In June 2026, the Common Council adopted amendments to Section 2.04.020 to align the ordinance with the City’s new council structure and to clarify the procedures governing aldermanic vacancies.
B. Background/Options
Subsection 2.04.020(D) of the Municipal Code requires that any aldermanic vacancy first be referred to the Government Affairs Committee for review and recommendation. The Committee must consider whether the vacancy should be filled by:
1. Leaving the seat vacant until the next regularly scheduled election;
2. Ordering a special election; or
3. Filling the vacancy by Council appointment.
In conducting its review, the Committee must consider the factors set forth in Subsection 2.04.020(E), including whether:
1. The unexpired term is twelve (12) months or fewer from the date of vacancy;
2. No qualifying election date exists within a reasonable period such that the district would otherwise remain unrepresented for more than one year;
3. The cost and administrative burden of a stand-alone special election would be disproportionate to the length of the unexpired term; or
4. Other extraordinary circumstances exist.
Following the Committee’s review, the Common Council must vote on a resolution at its next regular meeting to:
1. Hold the vacancy open until the next regularly scheduled election pursuant to Wis. Stat. § 17.23(1)(am);
2. Order a special election pursuant to Wis. Stat. § 8.50; or
3. Fill the vacancy by appointment pursuant to Section 2.04.020(F).
The Council does have the ability to make an interim appointment to fill the vacancy while awaiting a special election.
A copy of Section 2.04.020 of the Wauwatosa Municipal Code is included in the agenda packet for reference.
C. Recommendation
I recommend the Government Affairs Committee discuss the available options for filling the District 6 aldermanic vacancy and provide a recommendation to the full Common Council.