Milwaukee County - File #: 11-65

• File #: 11-65
• Version: 1
• Name: Committee Referal of File No. 10-396
• Type: Ordinance
• Status: Published
• File created: 2/8/2011
• In control: County Clerk
• Final action: 3/31/2011
• Title: An adopted resolution, 11/4/10, authorizing and directing the Corporation Counsel and outside counsel to provide the Director, Department of Audit, confidential and privileged access to the unreleased Behavioral Health Division patient security report.]

Date	Ver.	Action By	Action	Result
3/31/2011	1	County Clerk	PUBLISHED
3/23/2011	1	County Executive	SIGNED
3/17/2011	1	Milwaukee County Board of Supervisors	ADOPTED	Pass
3/3/2011	1	Judiciary, Safety and General Services Committee	RECOMMENDED FOR ADOPTION	Pass
2/9/2011	1	Board Chairman	ASSIGNED
1/20/2011	1	Judiciary, Safety and General Services Committee	RECOMMENDED FOR ADOPTION
1/20/2011	1	Judiciary, Safety and General Services Committee	LAY OVER FOR ONE MEETING	Pass

Title
An adopted resolution, 11/4/10, authorizing and directing the Corporation Counsel and outside counsel to provide the Director, Department of Audit, confidential and privileged access to the unreleased Behavioral Health Division patient security report.]

Body
Issue
At the November 4, 2010 special meeting of the Committee on Judiciary, Safety and General Services, the Committee recommended approval of the subject file and further requested County Board staff to consult with the Department of Audit and the Office of Corporation Counsel to provide recommendations relative to allowing the County Auditor privileged and confidential access to all records of County government. File no. 10-396 was subsequently adopted by the County Board at its meeting on the same date.

Discussion
Board staff conferred with the Office of Corporation Counsel and the Director of Audits as directed. Corporation Counsel and the Director of Audits both noted that s. 57.04 of the Milwaukee County Code of General Ordinances (MCGO) currently provides access authority for the Director of Audits:

The documents, books and records of each county office, department, board or commission, or any agency receiving a grant of county funds, or any agency receiving a grant of federal or state funds through the county and for which the county is accountable shall be available to the director of audits at any and all times with or without notice. Every county unit and grantee is to cooperate with the director of audits and comply with all requests for information relating to this function.

Additionally, s. 1.11 MCGO, as currently constructed, could reasonably be interpreted as providing the Judiciary Committee with authority with regard to “[l]egal questions pertaining to suits or claims against the county.” Corporation Counsel suggests this provision gives “general superintending authority” over litigation matters, including decisions regarding access to information that may be protected as p...