CCR1981151Proposal B-6
RESOLUTION #151-81
ESTABLISHING WARD BOUNDARIES USING 1980
CENSUS FIGURES
WHEREAS, the City of Muskego is required to establish ward
boundaries using 1980 census, and
WHEREAS, the ward boundaries will be used in establishing
Supervisory as well as aldermanic districts,
THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego does hereby approve the ward boundaries
as described on Exhibit "A".
DATED THIS 2, a DAY OF
v B
, 1981.
ATTEST :
City Clerk
Ald. Wayne Salentine
October 2, 1981
TO : The Honorable Aldermen
FRON: Mayor Gottfried
e Gentlemen
Attached is my veto message involving your action on Resolution
8151-81, adopted September 22, 1981. As you know, it is our
absolute legal responsibility to,first, create a ward map which
meets the requirements of the State Statutes and, secondly, use
that ward map to create aldermanic districts. The only legal ward
map we have at this time is the temporary one known as "B-4"
approved by Judge McGraw. According to Chapter 62.08 of the State
Statutes, the governing body has 60 days to develop aldermanic
promulgated by Judge McGraw. In other words, we have until
districts, by ordinance, using in this case the ward map that was
November 2, 1981 to fulfill our obligations.
Once the aldermanic districts have been approved by ordinance and
after proper public notice, it is the responsibility of the City
Clerk to notify every elector in the City and advise him of the
aldermanic district and ward he resides in and where he is to vote.
However, if the question of aldermanic district boundaries has not
clerk, treasurer, assessor and aldermen for districts 1, 3 and 5.
been resolved, the nomination papers for aldermen in districts 1,
3 and 5 cannot be circulated since it would not be known in which
district a person resides.
materials that would be needed to notify the approximately 10,000
I have asked Charlotte Stewart to estimate for me the time and
registered voters in the City. She has advised me that the
approximate cost would be $2,828.00, of which $1,227.00 would be
salaries. However, if she does not have at least one month to
notify the registered voters, overtime would most assuredly raise
the cost since wages at time and one-half would be involved.
Up to this date we have looked at approximately 10 maps, although
only 4 actually were considered by the Comon Council. You will
recall that the two maps prepared by a cormittee comprised of
one citizen from each ward were never actually brought to the Council
floor for consideration. However, they were used as a starting
e On December 1, 1981, nomination papers can be circulated for mayor,
e point as aldermen and staff people tried to develop an acceptable
ward map.
On July 28, 1981, you adopted Resolution #125-81 (Map C). That
map was illegal because it split a census block and split the Bass's
Bay neighborhood as well as separatin residents in Dist. 4 with like
interests. That resolution was veto,% and the veto &stained.
On August 4, 1981, you adopted Resolution $1128-81 (Map D) , which although added all residents of the Bass's Bay area to District 7,
with common interests in District 4. My veto of that action was
nevertheless continued to split a census block and divided people
overridden and Map D was sent to the County.
As you know, a group of citizens from the Jewel Crest area took
issue with Map D and submitted Map B-4 to the court. Judge McGraw
ward ma until such time as the governing body could approve a
agreed with them and decided that Map B-4 would be the temporary
proposa P which would m.eet the criteria he established.
On September 8, 1981, Resolution 11148-81 was adopted which involved
a ward map known as B-5. That proposal reduced the number of 9 individuals living in District 6 to 1390, thus violating to a
constitution which relates to the one man one vote concept. It
greater extent than any other previous plan, that part of the
e
To all Aldermen
October 2, 1981
Page Two
0 also reduced the population of Ward 11 so close to the minimum
as to be impractical. Apparently you all agreed that proposal
B-5 was ill-conceived since no effort was made to override my
veto of Resolution #148-81.
Finally, on September 22, 1981, Resolution #l51-81 was adopted
and was vetoed on September 23, 1981. That proposal, B-6, split
the neighborhood known as Durham Hill and the boundaries were
gerrymandered in such a way to make sure the present alderman of
District 7 would remain in that district. The resulting aldermanic
district 6, in my opinion, became very illogical. Beyond that,
it did not even create ward boundaries and, therefore, did not
follow the law that requires ward bour,daries be established prior
to aldermanic districts.
A review of the history of our efforts to redistrict the City of
Muskego clearly shows that in every case the laws of the
State of Wisconsin which relate to establishment of wards was not
followed; and, therefore, I had no choice but to veto your actions
At no time have you approved a proposal which meets the require-
ments of Chapter 5.15 of the laws of the State of Wisconsin. Time
is now becoming extremely important. If the electors of districts
1, 3 and 5 are going to be able to exercise their right to vote, it is
essential that this matter be resolved immediately. On October 13,
1981, you will be considering Ordinance 8416 which creates alder-
manic districts based on a legal map approved by Judge McGraw.
I urge that you adopt that ordinance and put this matter to rest.
It has been said repeatedly that one reason a compromise can't be
reached is a majority of the aldermen feel their position should
prevail. I would remind you that every time the majority adopted
minority has a right to be heard and prevent, if possible, an
a ward plan it was illegal. Further, certainly the voice of the
illegal act from being taken.
e
Sincerely,
JJG/ jm
October 2, 1981
TO THE HONORABLE ALDERMEN OF THE CITY OF MUSKEG0
FROM. MAYOR GOTTFRIED
e Gentlemen '
On the 22nddayd September your honorable body adopted
Resolution #151-81, entitled, Establishing Ward Boundaries
Using 1980 Census Figures. I have decide; to veto your action
for the following reasons.
(1) The wards which were used by the county to create
Map B-4 which Judge McGraw made the official temporary ward
Supervisory District 32 and 33 were established by using
map for the City of Muskego. Any change in ward boundaries
would necessitate amendments to the supervisory districts by
the County Board.
(2) Ward 11 (which is-one of the wards approved by the
e by Resolution #151-81, would have a population of 371. As you
County Board) of Aldermanic District VI, under the plan adopted
know, by state law a ward cannot have less than 600 people.
Aldermanic District IV, as proposed in Resolution #151-81,
also changes ward boundaries and would require amendments to
the supervisory districts by the County Board.
(3) The resolution and the map known as B-6 Exhibit "A"
does not actually create ward boundaries but has created
aldermanic districts. Aldermanic districts cannot be created
until the ward boundary map has been settled upon and then only,
by ordinance, after proper publication.
(4) If wards would be established in such a way as to
create the aldermanic districts suggested in the map known
as B-6, Aldermanic District VI would be more difficult to
represent than it is now. It would also separate a large portion
of the community neighborhood which we know as Durham Hill. I
sincerely feel that the people living in that area should be
kept together as much as possible and represented by the same
alderman.
0 It is for the above reasons I have vetoed your action and
respectfully request that you sustain that veto.
JJG/ je
W102 50200 RACINE AVENUE * MUSKEGO. WISCONSIN 53150
September 23, 1981
TO WHOM IT MAY CONCERN
I, Charlotte L. Stewart, City Clerk of the Ci-ty of ' f ~- , ~. L
Muskego, do hereby certify that on September 23, 1981, the
Mayor of the City of Muskego submitted to this office his
intention to veto,Resolution'~#151-81, entitled, Establishing
Ward Boundaries Using 1980 Census Figures (Proposal B-6) and
which adopted by,a vote of 4 - 3 at the Common Council meeting
held September 22, 1981.
/
.
Charlotte L. Stewart, City Clerk
CITY OF MUSKEG0
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