State Bar of Wisconsin

What Does the Municipal Attorney Do?

By Claire Silverman, Legal Counsel
League of Wisconsin Municipalities

Wisconsin law does not specify the responsibilities of the municipal attorney in any great detail.  In fact, although the attorney is an enumerated officer in the statutory chapter governing cities, the chapter governing villages does not mention an attorney at all.  The statute setting forth the responsibilities of the city attorney states that the attorney shall “conduct all the law business in which the city is interested,” and it sets forth a few specific duties.

With so little statutory guidance, there are wide variations in the way in which communities use their municipal attorney.  Although the job of the municipal attorney varies depending on the size of the municipality and the complexity of the issues it faces and the services it provides, here are some things that municipal attorneys or special counsel (e.g., labor counsel or bond counsel typically do for municipalities:

• Give legal advice and opinions to the governing body, and other boards, commissions and departments.
• Draft resolutions, ordinances, deeds, contracts and other legal documents that the municipality is a party to.
• Represent the municipality’s interests in legal proceedings.
• Examine the tax and assessment rolls and other tax proceedings and advise the proper municipal officers in regard thereto.
• Attend governing body meetings and meetings of other boards and commissions, when requested.
• Review governing body agendas to identify potential legal problems.
• Develop forms, policies and procedures to standardize government operations and ensure that the municipality is proceeding lawfully.
• Ensure that bodies acting in a quasi-judicial capacity do so in a meaningful way that ensures due process and develops an adequate evidentiary record.
• Represent the municipality in labor negotiations
• Advise the municipality regarding financial matters
• Assist in matters relating to land acquisition and development.
• Prosecute cases involving ordinance violations
• Assist in ordinance codification