Muskego Referendum Could Set Precedent

As 3,400 signatures were turned in on Monday by the citizen-organized political action committee Muskego for Ethical Government (MEG), questions remained on whether the efforts could indeed force a referendum after a vote on the resolution to purchase property on Little Muskego Lake was already cast.

Claire Silverman, an attorney with the League of Wisconsin Municipalities, said "the courts have said that direct legislation cannot be used to repeal prior legislation so it may be that the common council can disregard the petition."

She declined to address Muskego's particular case, and said the validity of the petition or whether a referendum will be binding or advisory would be "the municipal attorney's prerogative and responsibility."

Silverman did refer to previous cases where direct legislation was inappropriately applied. State ex rel Althouse v. City of Madison involved an attempt to reverse the approval of the location of a secured treatment facility in the city, where it was determined the matter was "not a proper subject for direct legislation because it directly conflicts with two previous resolutions adopted."

Other cases were cited on the league's website as "not a proper subject for direct legislation since proposal attempt to repeal existing resolution that provides for opposite and irreconcilable action."

If an attempt at a referendum fails, there has been talk of recalling Mayor Kathy Chiaverotti, as well as other aldermen who voted in the affirmative on Jan. 24. Chiaverotti told 620 WTMJ's John Mercure, "that's the mentality today; if we don't get what we want, we recall."

Chiaverotti said that while it was a right for citizens to file a petition, a recall based on the council vote was "completely inappropriate" as the process is meant to oust officials who acted illegally. She also felt the time to take action against officials was during an election, stating, "they have an opportunity to speak in 2014."

Lorie Oliver, who has been a spokeperson for MEG was asked about the Mayor's comments, and while she declined to speak on the group's behalf, she felt personally that a recall may be necessary.

"I personally think they don't leave us many options. I don't know what other recourse there is," she said.

The city has 15 days to certify the signatures and up to 30 days beyond that to render a decision on allowing a referendum.