The long running fight over Delafield’s fire and EMS future has officially moved into a courtroom. Town of Delafield Chairman Edward Kranick filed suit Thursday against the City of Delafield and Mayor Tim Aicher, alleging the Common Council violated Wisconsin’s open meetings law when it shifted talks about competing fire service proposals into closed session. The lawsuit follows months of complaints Kranick filed with the county prosecutor and a sharp public dispute over how Delafield is weighing its fire and emergency medical options.
In the complaint, Kranick accuses the Delafield Common Council and Mayor Tim Aicher of using closed sessions to hear a proposal from the Western Lakes Fire District that he says should have been presented in public, according to The Freeman. The filing asks a court to declare the meetings unlawful and to grant whatever relief the judge considers appropriate.
Kranick had already filed verified complaints with the Waukesha County district attorney in late February and early March, attaching agendas, meeting minutes and emails to support his claim that the closed sessions were informational rather than bargaining, the Wisconsin Newspaper Association reports. His complaint leans on state law and precedent that say purely informational presentations are not a valid basis for a closed session.
Mayor Tim Aicher pushed back, saying the city "will always comply with the law regarding open meetings and competitive negotiation of long-term contracts involving millions of dollars of taxpayer money," and suggesting the timing of the suit looked political, according to The Freeman. City attorney Kathryn Sawyer-Gutenkunst told the paper she had not seen the complaints and called the situation unfortunate, given a near final amended intermunicipal agreement.
What the fire district records show
Agendas and minutes from the Western Lakes Fire District show the board discussed a request for proposal from Delafield and used closed session language stating it would reconvene in open session and "may act on matters discussed in closed session," according to district records. The documents list closed session items tied to the proposal review and note the presence of legal counsel, which officials have cited as a reason for confidentiality. Materials from the Western Lakes Fire District make clear the district was reviewing Delafield’s request.
The dispute lands as Delafield weighs long term options for fire and EMS coverage. The city currently contracts with Lake Country Fire & Rescue along with several neighboring municipalities, and leaders had been negotiating a framework for future cooperation, the Wisconsin Newspaper Association reports. If a prosecutor or judge finds the council overstepped, any final intermunicipal agreement or contract timeline could be delayed.
Legal implications
Wisconsin’s Open Meetings Law allows closed sessions only in specific circumstances, for example to "deliberate or negotiate" public business when "competitive or bargaining reasons" require confidentiality. The Department of Justice’s compliance guide and recent case law distinguish between negotiations and informational briefings. The Wisconsin DOJ open meetings guide will likely be a key reference if prosecutors or a court weigh the complaint.
Kranick has told local media he wants the district attorney to review his filings; the DA’s office has not publicly commented. The lawsuit sets up a legal review that could settle whether Delafield’s closed sessions were lawful and shape how the city handles future contract discussions.
