The Village of West Milwaukee is trying to pull some shenanigans on us. At the village board meeting, the board unanimously voted to reject the petition, on the advice of the village attorney, who told them that the ordinance we are attempting to pass is in conflict with state law. This action of the village board is illegal, in violation of Wisconsin Statute 9.20(4) which gives the village board only two options at this point: either pass the ordinance as-is, or put it on the ballot.
We have attempted to contact the village attorney to resolve the issue, but they have not responded to us. After some research, it appears that we can file a civil lawsuit against the village, seeking what is called “mandamus”. Mandamus is when the courts compel the village to perform its mandatory duty.
Such a lawsuit will likely incur a cost, so we are still hoping to resolve the issue with the Village of West Milwaukee outside of the court system.
The following is the email I just sent to the village board, the village clerk, and the village attorney. It goes into detail about why the village board does not have the authority to make the decision it did, and what we plan to do to remedy the situation.