Attorney general clarifies County Board’s authority

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The Milwaukee County Board of Supervisors can require department directors submit status reports, according to a state attorney general opinion released Wednesday.

However, Attorney General J.B. Van Hollen determined supervisors cannot require department directors report to the board. Van Hollen distinguished between the act of reporting, which would imply board oversight, and a report of information.

Oversight, according to the opinion, remains vested in the county executive’s office.

Kimberly Walker, former Milwaukee County corporation counsel, in 2012 requested the opinion.

Van Hollen also upheld the validity of an ordinance prohibiting department directors from lobbying the Legislature or any of its members without the board’s approval. That ordinance does not apply to the county executive in his or her public role, according to the opinion.

Act 14, which the Legislature passed in May, gives the Milwaukee County executive “some authority” to lobby the Legislature in opposition to the board, according to Van Hollen’s opinion. But the board can require a county executive reveal if the executive’s private lobbying contradicts the county’s formal opinion.

Walker also requested an opinion on the legality of an ordinance prescribing “discharge, suspension or demotion” for violating the reporting requirement or lobbying restriction.

Van Hollen determined state law would bar the board from carrying out those actions. Most department directors are appointed by the county executive and confirmed by the board, meaning the supervisors do not hold firing power.

Brendan Conway, spokesman for County Executive Chris Abele, said Abele viewed that ordinance as the board vying for more power.

“It was one of those perfect examples,” Conway said, “of why Act 14 was necessary.”

Bill Zaferos, spokesman for the County Board, did not immediately respond to a request for comment.

Walker had sought an opinion on whether the board acted illegally by abolishing the position of economic development director. However, Van Hollen did not address that question.

The board re-created the position under the title of director of county economic development, a procedural move that forced Brian Taffora to lose his job.