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Consideration of amendments to Section 2.04.020 of the Wauwatosa Municipal Code related to vacancies in the office of alderperson; selection of replacement
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Submitted by:
Jennifer Tate, City Attorney
Cody Pansing, Assistant City Attorney
Zach Kessler, Director of Municipal Services
Deyanira Nevarez, City Clerk
Department:
City Attorney & Municipal Services
A. Issue
Section 2.04.020 of the Wauwatosa Municipal Code outlines the circumstances under which an alderperson's office shall be deemed vacant; the composition of a committee to nominate replacements; and the selection process of replacements by the Common Council.
This chapter of the code is written assuming sixteen alderpersons from eight aldermanic districts. As of this year's April election, the Common Council is composed of twelve alderpersons from twelve districts.
As a result, the Common Council must amend Section 2.04.020 of the code to ensure the aldermanic vacancy and replacement process is aligned with the current structure of the Common Council.
In addition, the recent resignation of an alderperson has brought to light several areas of this section of the code where language is ambiguous and thus difficult to interpret in practice and apply consistently.
June 16, 2026 Update: This item was brought to the Government Affairs Committee during its May meeting and was held. The Committee directed staff to meet with Alderpersons Gustafson and Phillips to develop a singular ordinance for consideration by the Committee.
After the May Government Affairs Committee meeting, staff met with Alderpersons Gustafson and Phillips and developed a singular ordinance amendment to Section 2.04.020. Key changes include:
1. Removal of de facto service.
2. A new findings section to outline the position of the Council and to delineate roles.
3. The drawing of lots for the selection of members for the aldermanic selection committee.
4. A 60-day time limit to either fill the vacancy by appointme...
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