CITY ATTY TO COUNCIL : DENY MMAC CLAIM ON SICK PAY LAW

In a letter of such significance that it required two signatures, [see below] the office of the City Attorney of the City of Milwaukee recommended denial of the claim of the Metropolitan Milwaukee Association of Commerce relating to the city's new Paid Sick Leave ordinance, [Chapter 112, Milwaukee Code of Ordinances] and requested it be "scheduled for immediate adoption at the November 25, 2008 Common Council meeting."
Next stop: Circuit Court.
According to signatories City Attorney Grant F. Langley [Marquette U. '70] and Deputy City Attorney Linda Uliss Burke, [St. John's U. '77] there are two reasons to recommend denial of the claim.

• Since the "city is prohibited by law from repealing or amending the ordinance for two years, and might be ordered to enforce the ordinance by a court in a mandamus proceeding ... these facts alone bar the city from granting this claim."

• "In addition, whether the ordinance is a lawful exercise of the City's police powers depends upon whetehr there is a nexus between the benefit provided and the public health. To date, no record has been made establishing such a nexus."

Oh boy! When you're talking "nexus" you're talking complex litigation. Mayor Tom Barrett said he downloaded the San Francisco sick pay ordinance lawsuit from Milwaukeeworld to give him an idea of what to expect from the upcoming legal action.

The denial of the claim was expected. The Judiciary and Legislation Committee, meeting in closed session with the city attorney, was told by Langley to expect a judge to enjoin enforcement of the law pending the outcome of the suit.

The Mayor's policy staff will meet with Council President Willie Hines soon to discuss how to constitute -- or reconstitute the Equal Rights Commission, which is charged with enforcing the ordinance. We learned some time ago that the commission has no members, hasn't met in years, and may be on a tottering legal framework due to its inactivity.

Meanwhile, a second informational meeting on the sick pay legislation has been scheduled by the MMAC, after the first was booked to capacity (70 people!)

Follow this link to see if you are lucky enough to register for the December 2nd, 2008 meeting at the MMAC offices from 4 to 5:15 p.m..

city atty letter.pdf