CITY ATTORNEY.
Madison General Ordinances § 3.07
in effect3.07 - CITY ATTORNEY.
(1) The City Attorney is a statutory office created pursuant to Wis. Stat. § 62.09(12) and shall be responsible for the duties contained therein and for the conduct of all legal services of the City and shall serve as legal advisor to the Council, the Mayor and all departments and offices of the City. The City Attorney shall be in charge of the prosecution of all cases arising out of the violation of the provisions of the City ordinances. The City Attorney shall represent the City in matters in which the municipality is interested before any court or tribunal and shall perform such other duties as may be required by the Mayor or Common Council. It shall be the duty of the City Attorney to call to the attention of the Mayor and Common Council all matters of law affecting the City.
The City Attorney shall be the official revisor of ordinances. No ordinance shall be enacted by the Common Council unless such ordinance is first referred to the City Attorney for a study respecting form and legality. In the revisions of the official codification of the Madison General Ordinances the City Attorney is empowered to renumber sections and subdivisions if in their opinion this is necessary, and to make editorial changes which are minor and not substantive in nature.
Effective March 1, 1989, the position of City Attorney as it becomes vacant shall be filled according to Sec. 3.54(9)(f) of these ordinances. The incumbent of the position as of the above date may enter into an employment contract as described in such section at their option.
This is a Charter Ordinance and shall be effective upon sixty (60) days from passage and publication subject, however, to the referendum procedures of Wis. Stat. § 66.0101(5).
(2) Public Nuisance Authority.
The City Attorney is authorized to commence and prosecute public nuisance actions on behalf of the City under Wis. Stat. ch. 823, if the following occurs:
(a) The City Attorney provides written notice to the Mayor and Common Council of the intent to file a nuisance action. This written notice will include a description of the nuisance, why action is necessary, and a reminder of the fifteen (15) day time limit in this ordinance to request Common Council consideration of a resolution.
(b) If the Mayor or any member of the Common Council wishes to have the matter considered by resolution of the Common Council, they shall, within fifteen (15) days of receipt of the notice from the City Attorney, provide a written request for such a resolution to the City Attorney.
(c) If there is a request for a resolution, the City Attorney shall draft a resolution (sponsored by the person requesting the same) requesting authorization to commence the nuisance action. This resolution is to be considered immediately at the next scheduled Common Council Meeting.
(d) If the City Attorney does not receive a request for a resolution within fifteen (15) days of receipt of the City Attorney's notice, the City Attorney does not need to obtain a resolution and is authorized to commence and prosecute the nuisance action as authorized under Wis. Stat. ch. 823.
(3) Informed Consent.
(a) Pursuant to this section, the Common Council provides informed consent for the Office of the City Attorney to share information regarding the Office's representation of the City, including the identity of the City as a client and information which may not be available to the public at the time of release, to the extent necessary for the purposes of consulting and collaborating with other municipal attorneys or legal counsel representing other governmental jurisdictions or other public or private organizations or parties, for the benefit of the City. This informed consent includes but is not limited to participation with legal listservs, joint meetings or conferences with other attorneys, and individual consultations with other attorneys with expertise in the subject matter or legal interests similar to those of the City.
(b) This section shall not provide informed consent for the Office of the City Attorney to release confidential information relating to the representation of the City where communication of the information would disadvantage the City's legal position or where communication of the information is likely to result in that information being conveyed to a party that is adverse to the City in the particular matter related to the information or to that party's legal counsel. In its sole discretion, the Common Council may establish additional restrictions or conditions related to its informed consent pursuant to this section.
(c) In specific instances where the Office of the City Attorney deems it necessary to seek more specific informed consent regarding communication of information due to the requirements of subsection (b) or due to other obligations of the City Attorney under the rules of professional conduct for attorneys or to other factors or circumstances, the City Attorney may seek such informed consent from the Mayor and the Mayor may, in their sole judgment, determine whether such informed consent may be provided on behalf of the City.
(d) The City Attorney shall include a written reminder of this section and the informed consent provided pursuant to it in the City Attorney's orientation of newly-elected and appointed members of the Common Council.
(Former Sec. 3.15(1) Am. by Charter Ord. 61, 3-30-89; Renum. by ORD-07-00048, 4-12-07; Am. by ORD-14-00012, 1-14-14; ORD-14-00173, 12-10-14) (Cr. by ORD-24-00046, 7-15-24) (Cr. by ORD-05-00006, 1-4-05; Am. by ORD-05-00167, 11-8-05; Renum. by ORD-07-00048, 4-12-07)
Source: City of Madison, Wisconsin, Madison General Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/wi/madison/codes/code_of_ordinances?nodeId=COORMAWIVOICH1--10_CH3OFBOEMPURE_SUBCHAPTER_3AOROFDE_3.07CIATFetched: 11/1/2026