County Board vs. County Executive spat

Why does the county board need to hire an outside expert? The county board is planning to hire Pines Bach LLP as a consultant for $15,000 and if things can’t be solved they will go to the Wisconsin Attorney General as a “neutral arbiter.”I debated going to the Executive Committee meeting today at 5:30 to hear what they would have to say, but I figure if I show up, there will be little to no discussion.  Here’s what we do know.

THE RESOLUTION

Here’s what the resolution says:

RETAINING AN OUTSIDE EXPERT FOR THE DANE COUNTY BOARD

County government requires a balance of power between the County Board and the County Executive. To set the county’s annual budget requires County Board consideration of items  proposed by the County Executive. In the absence of details regarding a new allocation proposed by the County Executive, the County Board amended the 2020 operating budget resolution to specify review and approval of program criteria and grant recipients. This is a long-standing  process used throughout county government including for grants managed by UW-Extension, the Office for Equity and Inclusion, and the Department of Land and Water Resources. The budget  amendment specifying a public process regarding details for new mental health funding was vetoed by the County Executive.

The Dane County Corporation Counsel has opined that the setting of criteria and award of funds  is solely within the purview of the County Executive. The County Board requires outside expertise  to review this opinion and offer independent advice regarding the legality of the budget amendment in question.

The County Board would like to join the County Executive in a collaborative process to identify  and research questions of relative powers to more fully define the extent of both the Board’s policy  making authority and of the County Executive’s administrative role. This exercise would bring  outside expertise to provide a fresh set of eyes to questions which have been debated in counties  with county executives around the state. After definition of key questions, independent investigation of relevant statute and case law, and discussion of areas of commonality and  difference between the findings of the Corporation Counsel and outside expertise, the areas in  dispute should be forwarded to the Wisconsin Attorney General as a neutral arbiter.

Forwarding questions to the Attorney General without first engaging in a collaborative process ignores the spirit of collaboration foundational to Dane County government.

NOW, THEREFORE, BE IT RESOLVED that the Dane County Board of Supervisors, using funds already budgeted for policy and program evaluation, hereby approves a contract in an amount  not to exceed $15,000 with Pine Bach LLP for research regarding questions of relative powers and participation in a collaborative process and that bidding requirements are waived regarding  this contract.

BE IT FINALLY RESOLVED the County Executive and the County Clerk be directed to execute the contract with Pines Bach LLP .

THE FISCAL NOTE

It brief but says the following:

Current Policy or Practice

There are differences of opinion regarding the policy-making authority of the County Board and the administrative authority of the County Executive.

Impact of Adopting Proposal

A full discussion as part of a collaborative process will result in a request to the Attorney General to opine on areas of continued difference.  Ultimately, the goal is more efficient and effective county government.

YOU THINK THESE WILL BE PUBLIC MEETINGS?!?!?!!

Pop the pop corn – this could be fun to watch.

Although, I bet these discussions won’t be held in public.  But they at least partially be held in public.  I could understand going into closed session for legal advice, but this resolution doesn’t really say that they are hiring Pines Bach for legal advice – they just want research and to send it to the Attorney General to make any decisions.

UH-OH

I took a quick look at Josh Kaul’s campaign finance reports and guess who some of his contributors are . . .

County Executive

  • 5/9/2018 – Joe Parisi – $100
  • 12/17/2017 – Joe Parisi – $100

Current County Board Members

  • 10/30/18 – Heidi Wegleitner – $100
  • 6/25/18 – Heidi Wegleitner – $50
  • 6/18/19 – Yogesh Chawla – $50
  • 12/29/17- Carousel Bayrd – $100
  • 12/8/17 – Jeremy Levin – $50
  •  10/23/18 – Kelly Danner – $100.00
  •  7/12/18 – Andrew Schauer – $50
  •  12/7/17- Andrew Schauer – $298.94
  •  6/17/17- Andrew Schauer – $100
  •  7/30/18 – Maureen McCarville – $50
  •  12/04/17- Maureen McCarville – $50
  • 10/30/18 – Patrick Miles – $100.00

County Board Candidates

  • Kathleen McGinnity – $25

So, he could be losing some supporters one way or the other!  Wonder if he needs to recuse himself?

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