City of Milwaukee - File #: 231647

• File #: 231647
• Version: 3
• Type: Ordinance
• Status: In Committee
• File created: 2/27/2024
• In control: JUDICIARY & LEGISLATION COMMITTEE
• Title: A substitute ordinance relating to provisions of the code of ethics.
• Sponsors: ALD. BAUMAN
• Indexes: ETHICS CODE

Date	Ver.	Action By	Action	Result	Tally
4/3/2024	3	JUDICIARY & LEGISLATION COMMITTEE	HELD TO CALL OF THE CHAIR	Pass	4:0
3/19/2024	2	COMMON COUNCIL	SUBSTITUTED	Pass	15:0
3/19/2024	3	COMMON COUNCIL	ASSIGNED TO	Pass	11:4
3/14/2024	0	JUDICIARY & LEGISLATION COMMITTEE	SUBSTITUTED; Minutes note: Ald. Bauman further moved to AMEND the Proposed SUB A and move approval, as amended. There were no objections.	Pass	5:0
3/14/2024	1	JUDICIARY & LEGISLATION COMMITTEE	RECOMMENDED FOR PASSAGE	Pass	5:0
2/27/2024	0	COMMON COUNCIL	ASSIGNED TO

Number
231647
Version
SUBSTITUTE 3
Reference

Sponsor
ALD. BAUMAN
Title
A substitute ordinance relating to provisions of the code of ethics.
Sections
303-11.5 cr
303-5-9 rc
Analysis
This ordinance specifies that any licensed attorney in the City Attorney’s Office may not engage in the private practice of law, and that each violation within a billing statement shall constitute a separate offense.
Body
Whereas, It is prudent for the City to prevent conflicts of interest among employees through explicit language in the Code of Ethics chapter of the Code of Ordinances; and

Whereas, While the Code of Ordinances does not define “practice of law,” the Wisconsin Supreme Court provides a definition that can be adopted into the Code; and

Whereas, The Code of Ordinances does not explicitly prohibit any employee of the City Attorney’s Office who holds a Wisconsin law license from concurrently working for the City and in a private law practice; and

Whereas, To sufficiently deter the private practice of law by licensed attorneys in the City Attorney’s Office, it is prudent to subject each line item documenting private practice in an attorney’s billing statement to the penalty provided in the Code of Ethics; now, therefore

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1. Section 303-11.5 of the code is created to read:

303-3. Definitions.

11.5. PRACTICE OF LAW means the application of legal principles and judgment with regard to the circumstances or objectives of another entity or person where there is a client relationship of trust or reliance and which require the knowledge, judgment, and skill of a person trained as a lawyer. The practice of law includes, but is not limited to:

a. Giving advice or counsel to another entity or person as to their legal rights or the legal rights or responsibilities of others for fees or other consideration.

b. Selection, drafting, or completion for another entity or person of...