City of Oak Creek

Common Council Report

Meeting Date: 05/04/04

Item No.:5

Recommendation: That the Mayor and Council authorize an application/interview process and timetable for a temporary replacement for the vacancy in the position of Municipal Judge.

Background:  Sadly, there is a vacancy in the position of Municipal Judge.  John E. Grahovac, who served as the City’s Municipal Judge since May, 1986, recently passed away shortly after being re-elected to his tenth term of office. 

According to State Statutes, in order to fill the vacancy in that office the Common Council appoints a successor until a special election can be held at the next spring election.  Although our local ordinance provides for a special election within 55 to 70 days of the order of the Council, that provision is superseded by state law.  The Council most recently faced an elected office vacancy in April, 2003, when the 4^th District Aldermanic post became vacant.  At that time, the Council chose an application and interview process to select a replacement, and we are suggesting a similar method at this time.

This recommendation assumes the Council would:

1.         Utilize an application and interview process to temporarily place a qualified individual.

2.         Fill the vacancy quickly, while allowing enough time for qualified interested candidates to apply

3.         Announce the vacancy and appointment process through the Oak Creek Pictorial, readerboard and any other means of advertising that may be recommended.

4,         Verify U.S. citizenship, verify current license to practice law in Wisconsin, and conduct police record checks for all qualified applicants.

5.         Conduct interviews of all qualified candidates in open session.

6.         Ask all candidates the same questions, from a list prepared for the Council prior to the interview.

7.         As a courtesy to the other applicants, ask all candidates to remain outside the Council Chambers until their scheduled interview, although they cannot be required to do so.

We are suggesting the following schedule:

Tuesday, May 4, 2004 7:00 PM            Announce the opening, required qualifications, and                                                                       the process to be followed.

Friday, June 4, 2004 12:00 PM          Deadline for applications to be submitted; drawing                                                                        for interview appointment; candidates to be notified.

Thursday, June 10, 2004,         6:00 PM            Special Council meeting, to conduct candidate                                                                             interviews, and to vote on an appointment.

Wednesday, June 16, 2004 5:00 PM            Appointee takes office, subject to completion of                                                                            state-required ethics and financial interest forms.

The Council may choose another method of replacement or modify the outlined process, and may adjust the timetable as needed. 

Fiscal Impact:

Minimal costs may be incurred to advertise or handle the process, but funding is available in the General Government—Miscellaneous Expense category.  Funding for an interim Municipal Judge from another community is covered by the Gen. Gov’t. PT Salaries account.

Prepared by and Fiscal Review by:

Beverly A. Buretta, CMC

City Clerk