Title
Resolution Authorizing City Attorney to Take Action to Contest the Ruling in In RE: The Commitment of Joe L. Wofford, Jr., Milwaukee County Circuit Court Case #95-CF-950391 Invalidating the Sex Offender Residency Ordinances in Milwaukee County.
Body
WHEREAS, the City has adopted Section 6.027 of the Revised Municipal Code regulating where certain sex offenders may reside within the City; and,
WHEREAS, the Wisconsin Court of Appeals has upheld the validity of such sex offender residency ordinances in the case of City of South Milwaukee v. Kester; and,
WHEREAS, neither the City of West Allis or any other municipality was a party to the Wofford matter; and,
WHEREAS, no municipality was afforded notice of the issues in the Wofford matter; and,
WHEREAS, no municipality was given an opportunity to be heard regarding the validity of such sex offender residency ordinances; and,
WHEREAS, Judge Moroney's Order in the Wofford matter disregarded the statutory and due process rights of the City of West Allis and unlawfully purports the invalidate an ordinance of the City to the detriment of public safety and contrary to binding legal authority; and,
WHEREAS, it is in the interest of the City to take all steps to oppose Judge Moroney's Order in the Wofford matter.
NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of West Allis that the City Attorney is hereby authorized to take all legal and equitable measures he deems appropriate to uphold the validity of Section 6.027 of the Revised Municipal Code and to contest the decision of Judge Moroney or any other court that attempts to declare Section 6.027 invalid or unenforceable.
BE IT FURTHER RESOLVED that the City Attorney is authorized to cooperate with other municipalities and to enter into an agreement or agreements for mutual representation, cost sharing, and such other matters as are deemed necessary or convenient to accomplish the goals of this Resolution.
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