Action by the Common Council.
Milwaukee Code of Ordinances § 303-29
in effect303-29. Action by the Common Council.
1. COMPLAINT FILED. If findings relative to an elected or appointed official are filed by the board of ethics with the common council, the matter shall be referred to the appropriate standing committee of the common council for a report, or the common council may appoint a special committee and proceed in accordance with the provisions of s. 4-28, city charter.
2. RECOMMENDATIONS. The committee, in reporting the matter to the common council, may recommend a dismissal of the charges, a reprimand, or a hearing before the common council to determine whether removal from office is warranted under s. 4-28, city charter. Failure of an official to file the statement of economic interests required in s. 303-11 may constitute grounds for removal from office.
3. HEARING. Any hearing by the common council or by a special or standing committee as designated by the council, shall be conducted in accordance with the following provisions:
a. The official must be given at least 20 days notice of the hearing date.
b. The rules of evidence shall apply to the hearing. All evidence, including certified copies of records and documents which the council considers shall be fully offered and made part of the record in the case. Each party shall be afforded adequate opportunity to rebut or offer countervailing evidence.
c. During the entire hearing conducted under the provisions of this chapter, the official or any person whose activities are under investigation shall be entitled to be represented by counsel of his or her choosing. The common council shall immediately disclose and forward to the official or his or her counsel any evidence which it possesses that may tend to clear the official.
d. The official or his or her representative shall have an adequate opportunity to examine all documents and records to be used at the hearing at a reasonable time before the date of the hearing as well as during the hearing, to bring witnesses to establish all pertinent facts and circumstances, and to question or refute any testimony or evidence, including the opportunity to confront and cross-examine adverse witnesses. Upon the request of the officer involved, the council shall subpoena named individuals to appear as witnesses at the hearing, if such action is necessary to compel their attendance.
e. The council shall have the power to compel the attendance of witnesses and to issue subpoenas for books, records, documents or papers therein to be designated under the authority granted to it by s. 885.01(3), Wis. Stats.
f. The council may request the Wisconsin department of revenue for permission to have a designated public officer examine the income tax returns of the official whose conduct or activities are under consideration by the council. The examination of the official's income tax returns shall be in accordance with s. 71.78(4), Wis. Stats.
4. COUNCIL ACTION. The common council shall make a determination in regard to the recommendation of the committee. Dismissal of the findings by the board of ethics as referred to council, or reprimand by the council shall be by a majority vote. Removal from office is governed by the laws of the state of Wisconsin and failure of an official to file the statement of economic interests required in s. 303-11 may constitute grounds for removal from office. The hearing conducted by the common council shall be in accordance with the provisions of s. 17.12, Wis. Stats., and s. 4-28 of the city charter, as well as with the requirements of due process and such provisions of this chapter as may be applicable.
Source: City of Milwaukee Legislative Reference Bureau, Milwaukee City Charter and Code of Ordinances (city.milwaukee.gov master PDFs)URL: https://city.milwaukee.gov/ImageLibrary/Groups/ccClerk/Ordinances/Volume-3/CH303.pdf#page=11Fetched: 10/26/2026