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Milwaukee County moves to fire its corporation counsel

By: Beth Kevit, [email protected]//June 19, 2013//

Milwaukee County moves to fire its corporation counsel

By: Beth Kevit, [email protected]//June 19, 2013//

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The Milwaukee County Board of Supervisors is expected to fire the county’s top in-house attorney Thursday.

Supervisor John Weishan Jr. said the board will consider a resolution at its regular meeting Thursday that would remove Kimberly Walker from her post as corporation counsel.

Walker did not immediately respond to a request for comment Wednesday.

Weishan declined to describe the motivation for the resolution. He said County Executive Chris Abele would be able to nominate someone to take Walker’s place, and until the board approved a replacement, Deputy Corporation Counsel Mark Grady would fill the void.

Grady did not immediately respond to a request for comment Wednesday.

Supervisor Theo Lipscomb Sr., chairman of the board’s Judiciary, Safety and General Services Committee, confirmed the board has the 12 votes necessary to survive a veto, but declined to offer a reason for the move.

Supervisor Mark Borkowski, who said he does not support the effort to oust Walker, said he suspects the board’s dissatisfaction with her stems from three main sources.

First, he said, the board was stung by the late-night move in Madison to settle the land-use question that has stymied Milwaukee developer Rick Barrett’s proposed 44-story building, The Couture.

Second, he said, the board was disappointed in Walker’s response when it requested an evaluation of Act 14, the state law that limits the supervisors’ power and budget. Although Walker told the board she believed her office could review the legality of the act, she also said she was worried supervisors would suspect bias if that review determined the new law was legal.

Third, he said, the fact that Walker is “perceived to be attached at the hip with Chris Abele,” appears to rankle some supervisors.

“I think the majority of the board considers that to be toxic,” Borkowski said.

Borkowski, vice chairman of the judiciary committee, has been a supervisor since 1992 and said he has never seen the board fire one of its attorneys.

Brendan Conway, Abele’s communications director, said he believed the effort to fire Walker was conceived as payback against Abele for his support of Act 14.

“Maybe instead of trying to fire corporation counsel,” Conway said, “many members of the board should also try to have a good relationship with corporation counsel.”

Conway said Abele had been hearing rumors that this was coming for about a week but was told more than once by County Board Chairwoman Marina Dimitrijevic that those rumors were incorrect.

Dimitrijevic did not immediately respond to a request for comment.

Weishan said he did not base his effort to hire outside counsel to evaluate Act 14 on Walker’s response to the request. Rather, he said, he wanted to ensure the county hired an expert on the state constitution.

When the board gave Dimitrijevic the OK in May to look at available firms, Weishan said he had faith in Walker as an attorney. But as of Wednesday, he said, his opinion had changed.

“I think that, just to be polite, I’m going to leave it,” he said, “at, you know, I appreciate the time she spent with us.”

County considers Hawks Quindel to
evaluate lawsuit potential, despite conflicts

The Milwaukee County Board of Supervisors has narrowed down its list of potential firms to evaluate Act 14 for a potential lawsuit.

But Milwaukee-based Hawks Quindel SC, the firm selected by County Board Chairwoman Marina Dimitrijevic, has several potential conflicts of interest that could bar it from evaluating Act 14 for the county.

Act 14 is a state law limiting the power and budget of the County Board. The act also set a referendum for April 2014 that will determine whether supervisors should see a pay cut.

According to a letter attributed to Richard Saks of Hawks Quindel, the firm’s potential conflicts of interest include four workers’ compensation claims against the county, a sexual harassment lawsuit against a former County Board chairman, collective bargaining work for the Wisconsin Federation of Nurses and Health Professionals and for the Milwaukee County Attorneys Association, and three county employee pension-related lawsuits.

Supervisor John Weishan Jr., who first proposed hiring an attorney to evaluate the act, said he believed some of the provisions violated the state constitution. He said the county should not use its in-house attorneys because he wanted to ensure the review was conducted by an expert on the state constitution.

In the May resolution allowing the county to hire an outside attorney, Dimitrijevic was given the authority to choose a firm pending the board’s approval. She selected Hawks Quindel from about half a dozen possible firms, Weishan said.

Dimitrijevic did not immediately respond to a request for comment, and Weishan declined to name other firms that were considered.

Supervisor Mark Borkowski, vice-chairman of the board’s Judiciary, Safety and General Services committee, said he was opposed to hiring any outside attorney and dismayed by Hawks Quindel’s potential conflicts of interest.

Included with the letter was a memo attributed to Richard Cayo of Milwaukee-based Halling & Cayo SC that supported Hawks Quindel’s claim that the potential conflicts of interest would not impede the firm’s “loyalty or zeal” in reviewing Act 14 and possibly filing a lawsuit over the changes.

Borkowski acknowledged the county draws a multitude of lawsuits but said he believed the county could have found a more suitable firm. Such as, he said, one that is not currently suing the county.

“You could have Pope Francis come down here,” he said, “and speak on their behalf, and it wouldn’t matter to me.”

Weishan, however, said he was not concerned by the potential conflicts of interest. He said he had faith in the firm’s ability to build a firewall between the Act 14 evaluation and any pending action against the county.

“I’m sure you can find, you know, other law firms out there,” he said, “but the problem is, Are they experts in this field?”

Beth Kevit

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