Photo credit: Chris Abele for Milwaukee County Executive Facebook Page
Proposed state legislation that would drastically increase Milwaukee County Executive Chris Abele’s power—and decrease the Milwaukee County Board of Supervisors’ ability to provide the necessary checks and balances on the county executive—was recently tabled in committee. Although it appears to have withered for this term, capitol watchers expect that it will resurface.
Assembly Bill 923/Senate Bill 777 drew much opposition and limited support at a hastily called hearing by the Assembly Committee on Government Accountability and Oversight on Wednesday, Feb. 14. A week later, the bill was pulled at the last minute from a senate committee docket. Rep. Dale Kooyenga (R-Brookfield) was the sole sponsor touting its merits in committee. Milwaukee Democrats Sen. Lena Taylor and Rep. Jason Fields also co-sponsored; their absence was conspicuous in the crowded hearing room. Taylor did not respond to requests for comment. Sen. Van H. Wanggaard (R-Racine) also co-sponsored.
Many proposed provisions would have primarily affected Milwaukee County; some would also impact Wisconsin’s 10 other county executives, as well as county administrators. Abele told the committee that other county executives support the bill, and that he represented a new group called “County Leaders for Modernization.” Abele also admitted he is funding six highly paid lobbyists pushing the bill. He has donated to the campaigns of at least three of the bill’s sponsors.
Blogger Dominique Paul Noth has reported that several county executives primarily supported its allowance for two-year budgeting. Steven Walters of Wisconsin Eye reported that Kenosha County Executive Jim Kreuser explained his opposition thus: “I had met with a group of county executives last year and offered early input on possible language for a bill that would update statutory language for county executive duties.” Kreuser added, “This bill in no way reflects my input.” Walters reported that Winnebago County Executive Mark Harris also said he “played no part” in the bill. Dane County registered its opposition to the bill.
Several speakers at the hearing called it a “power grab” by Abele. Recurring concerns included that it would undermine American democracy’s three-pronged balance of power, eliminate or reduce the voice of the people on many issues, and diminish transparency and accountability. Some asked whether committee members would want a governor to have parallel powers.
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Milwaukee County Comptroller Scott Manske expressed the most passionate opposition. He was joined by Milwaukee County Treasurer David Cullen. Both are elected officials.
Manske expressed grave concerns about what a county executive could do without oversight by an elected board or other constitutional officers. He cited how, as Milwaukee County’s appointed comptroller, he had been left in the dark about pension program changes that continue to cripple the county’s budget—and haunt him daily. “I promised myself I would never let that happen again,” said Manske, overcome with emotion.
In a two-page letter, Manske outlined potential threats from provisions in the bill. He noted that the legislation would give the Milwaukee County Executive “full authority, without limitation or public disclosure, to establish pay and benefits” of more than 3,500 county employees. “It also gives that person the power to determine staffing levels for elected officials such as myself, the sheriff and the chief judge without any appeal process or recourse should there be disagreements.” He said his concerns were neutral in nature, proclaiming: “I’m Switzerland.”
Committee member Rep. Jonathan Brostoff (D-Milwaukee) asked why there was a rush to fast track “this incredibly complicated 53-page bill” without adequate time for legislators and citizens to analyze its far-reaching implications. Milwaukeean Larry Bandy called for a hearing of the bill in Milwaukee County, where residents could speak to it without having to drive to Madison.
Milwaukee County Board Chairman Theo Lipscomb spoke against the bill, as did six other supervisors, represented by James “Luigi” Schmitt and the board’s contracted lobbyist, Liz Stephens.
No Shortage of Opposition
Others opponents included representatives of the League of Wisconsin Municipalities, League of Women Voters of Wisconsin (and Milwaukee County), Wisconsin Counties Association, League of Progressive Seniors and a transportation workers union. Representatives of Waukesha County’s Board and the City of Milwaukee also outlined concerns. Other entities registered in opposition include Badger State Sheriff’s Association, Wisconsin Sheriffs and Deputy Sheriffs Association and the Wisconsin Treasurers Association. Rep. Brostoff commented in an email: “This just goes to show that big community mobilization can still beat big money.”
The bill’s sole provision favored by several speakers, including opponents, was the two-year budgeting option. Lipscomb said he welcomes it if logistical challenges can be addressed. However, he and others disapproved of giving an executive sole authority to switch to biennial budgeting, along with a raft of piggybacked exclusive powers for an executive making that decision. Steve Baas of the Metropolitan Milwaukee Association of Commerce supported the bill, saying it would “clarify responsibilities.” So did Eric Peterson, a Milwaukee County employee who works as a lobbyist within Abele’s office.
Abele already is the sole Wisconsin county executive granted immense power over all county property not specifically zoned as being “parkland.” Zoning can be easily changed, thus diminishing the parkland distinction. Land-use expert Steve Hiniker said in 2016: “It’s a horrible, horrible precedent to grant this much power over public land to one person. It may be quicker and easier not to get public input about land-use issues, but that doesn’t make it right.” The proposed legislation would extend such power to other county executives.
Some observers believe that Abele would use expanded authority to impose parking fees in parks without input from either the Milwaukee County Board or county citizens. The Legislative Reference Bureau wrote that SB777/AB923 “gives the county executive sole authority to exercise the powers…establishing parking areas” on lands owned or leased by the county and also gives the county executive exclusive power over procurement and contracting decisions. Bowing to public outrage, Abele recently withdrew his paid-parking-in-parks recommendations, but only “for this year.”
For more on Abele’s plans for installing parking meters in County Parks, go here.
