Showing posts with label Law and Justice. Show all posts
Showing posts with label Law and Justice. Show all posts

Thursday, September 22, 2011

Gay Straight Alliance for Safe Schools Walk/Run/Eat on October 16th

A group of MG parents/teachers are planning to walk in the GSAFE (Gay Straight Alliance for Safe Schools) Walk/Run/Eat on October 16th at the Goodman Community Center in Madison to raise money to help this great organization help prevent bullying and promote safe schools for all. In fact, the team is called MG Parents supporting MG kids (Team members so far are Team Leader Sue Carr, Chad Speight, Doug Wood, Leslie Frank-Taylor, Kris Lehker, Molly Crossen, Chris Whelley, Jim Keck, and Melissa Zietz!) and I know you would love to join this team!
 
Register before October 8th and get $5 off your registration fee. Early bird registration is $20 for adults, $15 for youth (ages 12 to 17), and $10 for children (ages 11 and under).

On-site registration and check-in will begin at 9:30AM on Sunday, October 16th. The walk/run will kick off at 11:00AM, and lunch will be served at 11:30AM.

If not, how about a donation? We have already had some great friends and allies donate to support us!

The theme of the walk is SUPERHEROES so we could get really fancy with t shirts and stuff.... 

You can go to this link: and find our team. And please forward on to MG parents that you think might be interested! 

And there is a kids team too!
THANKS! 


--

Saturday, July 30, 2011

Who Benefits From Government Programs? "Not Me!"


I picked this up from the LBO News blog by Doug Henwood, (who got it from Boing Boing). It may help explain why - oh, hell, I don't know, it makes my head hurt:

[A]bout half of beneficiaries of federal benefit programs don’t realize they’ve enjoyed benefits. See table 3, here. Exact numbers: 44% of Social Security beneficiaries say they “have not used a government social program.” Ditto 43% of those who’ve gotten unemployment benefits and Pell Grants, 40% of those on Medicare, and 25% of those on Food Stamps.
Keep your government hands off my Medicare!

Are people really this ignorant, brainwashed, or too stupid to understand that a check written by the US Treasury is from the bleeding government?!



Friday, July 01, 2011

DOA Letter to Local Officials on Collective Bargaining Changes

Dear Local Official:

As you know, 2011 Wisconsin Act 10 made significant changes to public employee
compensation and collective bargaining provisions in order to provide state and local
governments with the flexibility needed to reduce costs and maintain essential public
services.

In addition, 2011 Wisconsin Act 32, the state's biennial budget bill, included a
number of important modifications to Act 10. This letter explains these changes and
discusses several important implementation issues, including the effective dates of
changes to employee health and pension contribution rates, changes to collective
bargaining provisions and the discontinuation of payroll deductions for union dues.
While Act 10 is now in effect, the effective dates of various changes are dependent on
the status of your collective bargaining agreements. Changes in Acts 10 and 32 will
not apply to employees that are covered under current collective bargaining
agreements until those agreements expire, are terminated, extended, modified or
renewed. The provisions in existing contracts must continue to be honored.

For collective bargaining agreements that have expired or been terminated, the
discontinuation of union dues collection should be implemented no later than
the first pay period after June 29th.

For Wisconsin Retirement System (WRS), City of Milwaukee and County of
Milwaukee pension contribution rate changes, the effective date should parallel
as closely as possible the timing for state employees, who will first see these
deductions on their August 25th paycheck.

If your local governmental unit participates in a health insurance plan offered
by the Group Insurance Board (GIB), the health insurance contribution rate
changes are effective January 1, 2012.

Finally, local governmental units that do not have a civil service system as of
June 29th are required to establish a grievance system no later than the first
day of the fourth month beginning after the effective date of the bill. This
means that local governmental units must create these systems by October 1,
2011.

June 30, 2011
Page 2 of 3
Changes to Act 10

The following modifications, affecting local governmental units, were made to Act 10 in
the state's biennial budget bill and will be effective the day after publication of Act 32:

1) Transit workers, as defined by Wisconsin Employment Relations Commission
(WERC), are exempt from Act 10 provisions. In addition, WERC will be required to
provide training programs to prepare individuals for participation as arbitrators.
WERC is authorized to charge a fee for such training. Any labor organization
representing transit employees which violates the prohibition on strikes may not
collect dues for one year. At the end of the year, dues collection may be reinstated.

2) Emergency Medical Services providers were added to the definition of public safety
employees.

3) Arbitrators are required to give greatest weight to economic conditions relating to
settlement of disputes with public safety employees

4) The design and selection of health care coverage plans by the municipal employer
for public safety employees is no longer a subject of bargaining.

5) New public safety employees hired on or after the effective date of the bill are
subject to the requirement that they pay the same amounts toward their pensions
as general occupation employees as specified under Act 10.

6) In addition, new public safety employees hired by local governmental unit
employers who participate in health insurance plans offered by the Group
Insurance Board are required to pay at least 12 percent of the average premium
cost of the plan with the lowest premium cost, beginning on January 1, 2012.

7) School districts and technical colleges with collective bargaining agreements that
were initially entered into prior to February 1, 2011 are permitted to enter into a
memorandum of understanding (MOU) that reduces employer compensation or
fringe benefit costs. No MOU may be entered into later than 90 days after the
effective date of Act 32 and it must remain in effect for the duration of the existing
contract. As a result of this provision, every school and technical college district
should have the flexibility to realize pension and health savings comparable to what
the Governor projected they could.

8) Administrative Modifications

a) Employee contributions for retirement into the WRS must be made from the
employee's pre-tax income for the purposes of federal and state income taxes.
FICA tax calculations are unaffected. This reduces the employee's taxable
liability.

b) Employers are no longer required to recoup WRS or other local governmental
unit retirement payments from employees that were to begin on the first day of
the first pay period after March 13, 2011 under Act 10.

June 30, 2011
Page 3 of 3

c) Employees who serve under a fixed term appointment (e.g., Planning Board
Commissioner) are treated the same as elected officials in terms of the timing of
the change to WRS multipliers. The effective date of the 1.6% normal pension
benefit multiplier would occur on the first day of a term of office that begins after
the effective date of the bill. [Under Act 10, officials on fixed-term appointments
were not covered under the same delayed effective date as elected officials.]

d) The calculation of eligible wage increases under the Consumer Price Index (CPI)
has been modified such that the Department of Revenue would calculate the
average annual CPI for both state and local bargaining and that this calculation
only applies to base wages of represented staff to provide uniformity across the
state. The Department of Revenue will calculate the CPI upon a request from the
WERC. The CPI calculation will be based on the 12 months preceding the date
of the request from the WERC. If there is a decrease or no change in the CPI, the
base pay of employees in the collective bargaining agreement is frozen.

e) For those collective bargaining agreements that have expired or are operating
under an extension, the union certification vote as originally outlined under Act
10 must now occur in the third month after the effective date of Act 32. The
WERC is now required to assess and collect a certification fee for each election
that is conducted.

While implementation of Acts 10 and 32 will be challenging for all levels of the public
sector, I am confident that these changes will help set Wisconsin on a course toward
stable, affordable and effective government. State and local governments will become
more nimble in the face of change and be able to achieve continuous improvement.

Your thoughtful and measured approach to managing these changes along with
constant communication with employees will be critical to preserving government
services and Wisconsin's quality of life.

Sincerely,
Mike Huebsch
Secretary
cc: Governor Scott Walker
Keith Gilkes

Monday, June 13, 2011

MarkFest 2011

The Monona Progressive Cookie Group is hosting a thank you picnic for Mark Miller at Firemen's Park in Monona on Sunday, June 26, 2011 from 4 pm to 7 pm.





[BEGIN PRESS RELEASE]

PRESS RELEASE


Date: June 12, 2011

For more information contact:

Peter McKeever, 223-0385

Monona Progressives Organize to Promote Community Values

On June 26 Monona Senator Mark Miller will be the guest of honor at “MarkFest”, a potluck picnic organized by the Monona Progressive Cookie Group.  This will be an opportunity for local residents opposed to Governor Scott Walker’s assault on local communities, school boards, workers, and families to thank Sen. Miller for standing up for working family and local communities.

The Monona Progressive Cookie Group is a growing group of Monona residents organized to inform the community about progressive and liberal principles. It is important to keep these principles in the forefront as the city council and the school board deal with the attacks on local control and community values that are coming from the Governor and the current conservative-led legislature.


One of the cornerstones of our democracy is the important role that government plays to protect the general welfare. Local governments have a critical role in looking out for the interests of all members of the community, not just corporations and the wealthy. Coalition members are concerned that many of the programs and policies being pushed by the new administration hurt small businesses, public education, the environment, the elderly, local government, the middle class, and families, especially low-income households. 


Coalition members are working to inform themselves and the community about the impact of these changes on our community.   Rather than focusing on the next election or the latest legislative proposal, it is time to develop a long-term message and strategy. Members will promote local policies and programs that protect and advance the qualities that make Monona an attractive place to live, raise and educate children, and run a business.  With the erosion of living standards for many, and new attacks almost daily from Wall Street-funded politicians, all Americans need a new contract, a binding relationship for their security, for their families, and for future generations.


Sen. Miller will attend and speak. Other invited speakers include State Representative Mark Pocan, Dane County Executive Joe Parisi, local city council members Doug Wood, and Chad Speight, Dane County Board member Robin Schmidt, and Pilar Schiavo, an organizer with the national coalition promoting the Main Street Contract. (http://www.commondreams.org/view/2011/03/11)  


The picnic will be Sunday, June 26, from 4-7 pm, at Firemen’s Park.  Bring a dish to pass, meat or vegetables for the grill, and your own plate, utensils, and drinks. Parking is tight; bike or walk if you can. Cookies and potato salad will be provided.


Kids are welcome. Firemen’s Park is located in the northwest corner of Winnequah Park. Facilities include a sand volleyball court, playground equipment, a baseball diamond, restrooms and a picnic shelter.



For more information, call Peter McKeever at 223-0385, or email petermckeever@charter.net.





XOXOXOX

[END PRESS RELEASE]

 I found this nice piece of work at http://baileysbuddy.blogspot.com/2011/02/i-stand-with-wisconsin.html

Monday, May 02, 2011

Mum's the Word

Yes, mum appears to be the word for getting onself in dutch with Sunny's stormy view from the pier...Two weeks running I managed to make an appearance in her column for wehat I didn't say. First, was the non-Walker statement. And last week upon my return from the Great Northwest, I found her commenting upon my refusal to say the words 'so help me God' as part of my oath of office.

The former I regard as humorous in my intent and bemused in my reaction to the response in some quarters. The latter is more serious. In my opinion, the words 'so help me God' have no place in an oath of office for an elected official. One might refuse to say that phrase based on a belief in separation of church and state or a non-belief in a god. In my case, both are true.

I've never really made any bones about my nonbelief nor have I made a big issue of it. I don't care much for proselytizing on matters of personal conscience. So, now the issue was sort of forced into the public eye. I could have repeated the phrase and avoided any controversy, but of course, in my case that would have been a false oath. I really had no hesitation in declining to say the phrase.

More than enough said.

***

And I have no bone to pick with Sunny for reporting my omission of the God pharse in her column (she was sitting in the front row). I read something recently about the relationship between reporters and sources  about the great radical journalist Izzy Stone. Sources provide information; you can be friendly but not exactly friends. OK, before anyone keels over, I'm not comparing Sunny to Izzy Stone, but she does have the same independent streak.

Friday, April 08, 2011

Mad Dog on the Loose

A certain State Rep named Steve N**s has launched an attack on an attorney at the state DOJ because the attorney sent an email to one of the Wisconsin 14. From his own computer. From his own home. On his own time.

I won't spell out the state rep's full name (see, Google News Alerts), but it rhymes with crass, lass, and large-mouth bass, but not Baba Ram Dass.

Pure and simple, this is an attempt to chill the freedom of expression.

The attorney's employer rejected the Assemblyperson's call for the attorney's resignation and an even wilder assertion that this attorney's views could undermine the DOJ's defense of the anti-collective bargaining law (even though this attorney isn't working on that case). Chalk one up for JB Van Hollen (ooh, that left a funny taste in  my mouth).

What horrible things did the attorney say? According to this account, he "warned the Democrats that they could be arrested, even hiding out in Illinois, and suggested they seek legal advice."

So, suggesting that the Senate Democrats should seek legal advice might undermine the DOJ's defense of anti-union law???

Thursday, April 07, 2011

Pony Up - Update: Or Maybe Not

UPDATE: Pending the discovery of more ballots, it appears that the margin is still less than one-half of one percent and thus the taxpayers would (properly, in my opinion) pay the cost of the recount.

And we are lucky that we have Kevin Kennedy as our state elections chief. As noted in this article, Kennedy wants to ensure both an accurate count and transparency to ensure voter confidence in the credibility of the results.

It would also appear that we can put away the conspiracy theories on this error (I refuse to call it a 'flub' as the MJS did in its top of the fold, front page headline this morning. A flub is booting an easy ground ball in an over 40 softball league.) Adding these ballots brings the Waukesha totals more in line with overall voter turnout in the area, whereas it had been low before.) Keep those theories handy, however, because we ain't done counting - or not counting - yet.

Now if Eileen Bruskewitz gains 69,130 votes and beats Joe Parisi by one vote, then get out the pitchforks, warm up the tar and gather the feathers.



[END OF UPDATE]

The mess in Waukesha County has put Prosser almost exactly far enough in the lead that the Kloppenburg will have to pay for a recount. They are now accepting donations. Go here.

From a madison.com story by JESSICA VANEGEREN AND STEVEN ELBOW:

The Brookfield votes give Prosser a roughly 7,500 vote lead, though certification of votes by county officials around the state will continue Friday and likely through next week.


That lead, if it holds, could be a significant number. While Wisconsin does not have a law that automatically triggers a recount in slim victories, candidates do not have to pay for the recount themselves if the margin of victory is less than one half of 1 percent of the total votes cast. In the Supreme Court race, where 1.5 million votes were cast, less than 7,500 votes would have to separate the two candidates for the state to pick up the tab for the recount. Otherwise, there is a $5 per ward fee.


At least it's good to know that high-powered lawyers from DC will cash in on our $#@%&*@#-up election. Think of the money they will spend at our local restaurants!! This is all part of the Governor's savvy plan to add 250,000 restaurant workers to Wisconsin's work force.

Ballots, Ballots, Where Are the Ballots? Or " I Was Lost But Now Am Found"

With the Kloppenprosser race bouncing back and forth by the hour and - eh, hmm - missing votes being found here and there and everywhere, I found myself where do missing ballots go before they are found?

Down the rabbit hole?

The memory hole?

Where would you go if you were a lost ballot? Waukesha County, perhaps.

"Waukesha — Waukesha County Clerk Kathy Nickolaus' decision to go it alone in how she collects and maintains election results has some county officials raising a red flag about the integrity of the system."


Guess what? That story was published on August 10, 2010.
But, hey, at least they know where Wisconsin is now....

http://feeds.nytimes.com/click.phdo?i=9b5b2d5e2b3cdf6ac9db08568976f960

http://www.latimes.com/news/nationworld/nation/la-na-wisconsin-election-20110408,0,5633870.story

http://www.npr.org/blogs/itsallpolitics/2011/04/07/135224999/wisconsin-supreme-ct-shocker-error-fix-gives-gop-judge-big-lead

***

Where else might Nickolaus have misplaced votes? Some possibilities:
This pamphlet has some excellent ideas for building your own secret hiding places. These folks have some nifty ideas too. Stuff your ballots in a PVC tube and bury them in the garden, wait for spring, harvest the ballots at the appropriate moment.

And way back when - after Luther nailed his ideas up - there was a need for "Priest Holes" to, yep, hide priests.

These folks suggest hiding stuff in a Tampon box. Nah, you really couldn't hide that many ballots in a tampon box.

By now, bad faith is presumed all around. Let's hope it's just incompetence. But maybe they took a page out of LBJ's 1948 Brazos election. First, you wait until the votes are counted so you can figure out how many votes short you are and then you 'discover' a box full of just enough ballots to win! This plan was so obvious that even the New York Times figured it out - in 1990.

Are election officials more honest in 2011 than 1948? I really do hope so.

But this count/recount/de-count is getting off to a Florida-like start rather than a Minnesota-like start.

Anybody want to bet that this Brookfield thing is the last episode? Not me. Out of the 1850 towns, villages, and cities in Wisconsin that handle the election duties, there are going to be at least a few more oopsies.


***

For the young'uns, LBJ was Lyndon Baines Johnson, President of the United States of America, who could've been one of the greatest Presidents of all time except for a place and a war called Vietnam. (Sort of like Clinton, except Bill's problem was a little - well, we know what his problem was and it wasn't as deadly as LBJ's.)

***

(I'd swear "I'se lost before I'se found" was a lyric on on the great Circle album, but can't track it down. Oh, duh, try Amazing Grace "I once was lost but now am found").

Wednesday, April 06, 2011

97% and counting

And finally it's a lamb slide with a 204 vote margarine!!

RESULTS as of Wednesday, Apr 06, 2011 at 07:35 am CDT


Wow, a 585 vote margin.

Election Home

Supreme Court REPORTING 99%

David Prosser (inc) 733,074
50%

Joanne Kloppenburg 732,489
50%







RESULTS as of Wednesday, Apr 06, 2011 at 12:36 am CDT


And say good night Gracie.Election Home


Supreme Court REPORTING 97%


David Prosser (inc) 726,750


50%


Joanne Kloppenburg 724,651


50%



RESULTS as of Wednesday, Apr 06, 2011 at 12:17 am CDT


Election Home

Supreme Court REPORTING 97%

David Prosser (inc) 724,859

50%

Joanne Kloppenburg 723,175

50%


RESULTS as of Wednesday, Apr 06, 2011 at 12:08 am CDT



Election Home


Supreme Court REPORTING 97%


David Prosser (inc) 724,355

50%
Joanne Kloppenburg 722,518
50%

Lead is back up to 4000.


Milwaukee JS RESULTS as of Tuesday, Apr 05, 2011 at 11:58 pm CDT
Election Home
Supreme Court REPORTING 97%

David Prosser (inc) 720,760
50%
Joanne Kloppenburg 716,089
50%


Prosser's lead is shrinking; down to less than 1200 votes.


Supreme Court REPORTING 97%


David Prosser (inc) 704,507
50%


Joanne Kloppenburg 703,324
50%

Update: I may have called the Supreme Court race prematurely; in the move from 94% to 97% of the votes Kloppenburg shaved over 4000 votes off of a 6,000 vote lead:


Milwaukee JS RESULTS as of Tuesday, Apr 05, 2011 at 11:44 pm CDT
Election Home
Supreme Court REPORTING 97%
David Prosser (inc) 703,675
50%
Joanne Kloppenburg 701,760
50%

Apparently the MJS has two three four five six 97%'s:

Thursday, March 31, 2011

Kloppenburg Responds to the B.S. and the Baloney

I got the email below from the Kloppenburg campaign. It responds to some of the stupider charges being made against her. (If you beleive the attacks, lawyers can put people in jail! Crap, I never knew that and I've let all that power go to waste for the last 29 years.)

[Kloppenburg campaign email begins]

Dear Friends,


Third party groups are pouring money into very misleading, negative ads against JoAnne.

They can’t win this campaign on the facts so they resort to disrespectful and deceitful ad campaigns.

Let’s set the record straight on a couple of their most outrageous allegations:

Fiction: JoAnne put an 80-year-old farmer in jail for not planting native grasses on a field.

Fact: A farmer named Wayne Hensler in Jefferson County was ordered by the State of Wisconsin to take action to stop pollution from run-off from his farm going into Rock Lake. Mr. Hensler refused to do the work but finally agreed to pay to have others do the remediation work. Then he refused to pay the money he’d agreed to pay. Jefferson County Judge Randy Koschnick (who you may remember ran against Shirley Abrahamson) ordered Mr. Hensler to pay what he owed. He would not. Finally, another Judge in Jefferson County, John Ullsvik, found Hensler in contempt and put him in jail for a few days. Two facts are pertinent here: no attorney can put anyone in jail. Only a Judge can do that. Secondly, the farmer was jailed for contempt of court for refusing to pay money he had been repeatedly ordered to pay, not for “refusing to plant a field.”



Big money being used to try to mislead you: Our research shows that the “Citizens for a Stronger America” is spending about $526,000 on this TV ad.



Fiction: JoAnne is unqualified for the Court because she has never been a judge and because in the past she has applied for open judgeships for which others were chosen.



Fact: JoAnne is a graduate of Yale, Princeton and the UW Law School. She has been a prosecutor for 21 years. Her legal experience is broad and deep and she has tried numerous cases in Wisconsin Circuit Courts, the Court of Appeals and the Wisconsin Supreme Court. JoAnne has earned the endorsement of sitting Judges who know best what what it takes to do the job.



It is not unusual for attorneys who aren’t judges to be elected or appointed as a judge and many legal experts say it is healthy that judges come from a variety of backgrounds. David Prosser was not a judge when he was appointed to the Supreme Court. Nor was Shirley Abrahamson. One of the Supreme Court Justices David Prosser says he admires most, Justice Rehnquist was not a judge before being appointed to the United States Supreme Court.



It is also not unusual for attorneys to apply for open judgeships and JoAnne has applied for open seats. Those openings usually attract long lists of very qualified applicants and only one can be chosen. Some of those applicants end up not being selected for the judgeship and running for office. For example, Brian Blanchard applied to be an appeals court judge. He was not selected. He then ran for the Court and was elected handily.



Big money being used to try to mislead you: Our research shows that "Americans for Prosperity" and the Tea Party are spending about $45,000 on radio and TV ads with this fiction in it. It is also in the Citizens for a Stronger America ad.

We're counting on your help to get the facts out. With only five days before the election, quickly setting the record straight is crucial -- because spreading untrue statements about JoAnne is all that our opponents have left.

Sincerely,



Melissa Mulliken

Campaign Manager

[Kloppenburg campaign email ends]

Monday, March 28, 2011

Chilling Bill Cronon, et al?

You may recall a couple weeks ago, I posted about UW professor Bill Cronon's analysis of where the wave of right-wing legilation originated. Cronon on the Roots of the Wisconsin Conservative Political Movement.

Now an official in the state GOP is using the Open Records Law against Cronon (rather than address his thesis).

And now the New Yorker has written to his rescue (sorry, I can't resist a little snark whenever geographically-impaired Coasties take note of Wisconsin - it's a nice piece.).

Cronon is a big cheese, so to speak. He won't be chilled, but others-

Sunday, March 27, 2011

The Most Important Race

The most important race on April 5, certainly isn't my city council election, or Bob versus Jeffrey for Mayor, or even Joe Parisi over "Eileen" (getting warm though). No, the most important race is JoAnne Kloppenburg's run for the Wisconsin Supreme Court against David "The Destroyer" Prosser.

http://www.kloppenburgforjustice.com/

Go to her website and volunteer. And then vote.

***

Don't miss this story about Prosser calling the Chief Justice a 'bitch' and threatening to 'destroy her'. He won't even admit he was out of line. Instead he blames the Chief Justice and Justice Bradley for goading him into losing control and thus making a ass out of himself.  

http://www.jsonline.com/news/statepolitics/118310479.html

The Wausau Daily Herald endorses Kloppenburg in part because of Prosser's "injudicious personality" and in part because of Kloppenburg's work for the Department of Justice:

As an assistant attorney general, Kloppenburg has worked under four attorney generals, both Democrats and Republicans. She has demonstrated an ability to work on legal matters in a nonpartisan way, to work within multiple areas of the law. She has argued before the state Supreme Court in multiple cases.

Friday, March 25, 2011

They Did What?

According to news reports The Legislative Reference Bureau has published the controversial collective bargaining law despite the temporary restraining order that is in place.


A footnote mentions the court order but notes that statute "requires the Legislative Reference Bureau to publish every act within 10 working days after its date of enactment." Section 30.095 (3) (a) does require the LRB to publish "within 10 days after its enactment". The secretary of state, however, sets the date of publication (within those ten days) and the secretary of state has been restrained by a court order from proceeding with publication.

So, was this a mere ministerial act by the LRB or a deliberate attempt to do an end run on the restraining order? And what does it mean? Are they going to argue that the Act has taken effect? Hard to believe the trial judge would stand for that. More political gamesmanship.

Here's a theory: The Walkerstans actually want to drag out the legal maneuvering past David Prosser's April 5 election date so that he doesn't have to vote to uphold this Act before the voters go to the polls.

Saturday update: Nice theory, but it appears the LRB took this action on its own. http://host.madison.com/wsj/news/local/govt-and-politics/article_f22629e6-572a-11e0-ab2f-001cc4c002e0.html

But officials with the nonpartisan Reference Bureau and the Legislative Council — the Legislature's drafting and research agency and its legal service, respectively — said publication of the act online was only an administrative step.

But the FitzWalkers did jump on the publication to claim the law goes into effect on Saturday (today).

Unintended consequences: The same story quotes Madison atttorney Lester Pines as saying that would also open up legal channels for other groups who have been waiting to challenge the law but had to wait until it was enacted.


"This is going to unleash a tsunami of litigation," Pines said.


[END OF UPDATE]

Prosser's in trouble and running scared. He is taking the low road at their face-to-face debates. He sounds like a whiny schoolboy. (OK, he actually sounds like whiny -the-name-he-called-the-Chief-Justice.).


30.095 (3) PUBLICATION. (a) The legislative reference bureau shall


publish every act and every portion of an act which is enacted by

the legislature over the governor’s partial veto within 10 working

days after its date of enactment.

(b) The secretary of state shall designate a date of publication

for each act and every portion of an act which is enacted by the legislature

over the governor’s partial veto. The date of publication

may not be more than 10 working days after the date of enactment.

Monday, March 14, 2011

Fitzgerald: Senate Dems Can't Vote

I fact-checked this email because it seems unbelievable even for this crew.

The votes of Senate Dems in committee will not be counted or recorded. He will let them attend these public meetings, which, you know, is really nice of him.

And here it on WisPolitics:

http://wispolitics.com/index.iml?Article=230087


Sen. Fitzgerald: Email re: Senate Democrat voting privileges in standing committees


3/14/2011
From: Sen.Fitzgerald

Sent: Monday, March 14, 2011 3:52 PM


To: *Legislative Senate Republicans
Subject: Senate Democrat voting privileges in standing committees


Dear Members,

With the return of the Senate Democrats this weekend, questions have arisen regarding Democrat members’ participation in Senate standing committee public hearings and executive sessions.

Please note that all 14 Democrat senators are still in contempt of the Senate. Therefore, when taking roll call votes on amendments and bills during executive sessions, Senate Democrats’ votes will not be reflected in the Records of Committee Proceedings or the Senate Journal. They are free to attend hearings, listen to testimony, debate legislation, introduce amendments, and cast votes to signal their support/opposition, but those votes will not count, and will not be recorded.

If you have any questions, feel free to contact my office.


Thank you,


Scott Fitzgerald
Senate Majority Leader
13th Senate District

Thursday, March 10, 2011

Here's Why the Rush

From an OSER FAQ memo:

"What happens to the former collective bargaining agreements if the Budget Repair Bill does not pass prior to the termination of the contract extensions on March 13?


If the Budget Repair Bill has not passed by March 13, the dynamic status quo doctrine applies, which requires the State to continue wage and benefit provisions currently included in the contract."
 
The memo refers to passage of the "Budget Repair Bill" which isn't quite correct because it was written before the Senate pulled the collective bargaining stuff out and passed it as a separate bill.
 
Or maybe it is more accurate to say that they pulled the budget numbers out of the budget repair bill and pased everything else. The assumption in the news is that what they took out makes the amended bill not a budget bill that requires a 20-member quorum. But is the amended bill really not a budget bill? Go to the last few pages - the "nonstatutory provisions" (which are binding). Those provisions still have budgetary actions. For example, they add FTEs and there multiple sections titled "Fiscal changes".

Here's a link to the amended bill:
 
http://legis.wisconsin.gov/JR1AB11-CA1.pdf
 
Here's a link to the legislative history:
 
http://legis.wisconsin.gov/2011/data/jr1AB11hst.html
 
The bill is still titled: "AN ACT relating to: state finances, collective bargaining for public employees, compensation and fringe benefits of public employees, the state civil service system, the Medical Assistance program."

(And no, I'm not at work right now. I don't start until 9 AM this morning.)

Remedy for Wrongs

Article 1, Section 9 of the Wisconsin State Constitution provides:

"Remedy for wrongs. SECTION 9.

Every person is entitled to a certain remedy in the laws for all injuries, or wrongs which he may receive in his person, property, or character; he ought to obtain justice freely, and without being obliged to purchase it, completely and without denial, promptly and without delay, conformably to the laws."

Comment Time

After you toss your cookies, wipe your mouth off and toss your comments over here about tonight's zany doings down at the Dome. Here's mine.

Just when you think these folks can't come up with any more bad ideas, they do!

The Wisconsin Senate GOP suddenly realized tonight that the destruction of collective bargaining did not belong in the budget repair bill. "Gosh, how did that policy item get in there???" So, they did the only thing that a group of honorable and esteemed statesmen and stateswomen could do: They snatched it out of the budget despair and Presto! Change-O! It's a new bill, all by itself. It was such a wonderful idea, they just couldn't wait more to pass it.

So, they called a conference committee meeting late this afternoon or early evening on very short notice, yanked the collective bargaining stuff out. Sent that new bill to the Senate and the Senate approved it tonight and the Assembly will approve it tomorrow and then The Right Honorable, His Esteemed Smirkiness, Dear Leader Governor Walker signs it.

Gatherings around the water cooler are now banned, prohibited and verboten.

The headline on this story is incorrect (link below). The budget repair bill did not pass. They still don't have a quorum for that vote. The bill they passed was not the budget repair bill, it was a separate new anti-collective bargaining bill..

http://host.madison.com/wsj/news/local/govt-and-politics/article_8747fa04-4a74-11e0-8e6b-001cc4c03286.html

Did the Senate comply with the Open Meetings Law??? I don't know, but it sounds like maybe not.

Why the indecent haste? Maybe because the Democrats just might have come back to debate the separate bill and the GOP feared slippage. Schultz voted no. Two more votes and the collective bargaining bill would have failed. As a separate bill, it might have been easier for a couple more GOP senators to vote no.

Given some time, this maneuver just might have gotten the Dems to come back to fight the fight on this bill. Of course, that would have allowed the GOP to pass the budget repair bill.

On the other hand, why would they the Dems come back now?

Did the Senate comply with the Open Meetings Law??? I don't know, but it sounds like maybe not. And, yes, the law does apply to the legislature.


Think they complied with the spirit of the law:

OPEN MEETINGS OF GOVERNMENTAL BODIES


19.81 Declaration of policy. (1) In recognition of the fact

that a representative government of the American type is dependent

upon an informed electorate, it is declared to be the policy of

this state that the public is entitled to the fullest and most complete

information regarding the affairs of government as is compatible

with the conduct of governmental business.

***
 
19.84 Public notice. (1) Public notice of all meetings of a



governmental body shall be given in the following manner:

(a) As required by any other statutes; and

(b) By communication from the chief presiding officer of a

governmental body or such person’s designee to the public, to

those news media who have filed a written request for such notice,

and to the official newspaper designated under ss. 985.04, 985.05

and 985.06 or, if none exists, to a news medium likely to give

notice in the area.

(2) Every public notice of a meeting of a governmental body

shall set forth the time, date, place and subject matter of the meeting,

including that intended for consideration at any contemplated

closed session, in such form as is reasonably likely to apprise


members of the public and the news media thereof. The public

notice of a meeting of a governmental body may provide for a

period of public comment, during which the body may receive

information from members of the public.

(3) Public notice of every meeting of a governmental body


shall be given at least 24 hours prior to the commencement of such

meeting unless for good cause such notice is impossible or


impractical, in which case shorter notice may be given, but in no

case may the notice be provided less than 2 hours in advance of

the meeting.

(4) Separate public notice shall be given for each meeting of

a governmental body at a time and date reasonably proximate to

the time and date of the meeting.

 
19.87 Legislative meetings. This subchapter shall apply to



all meetings of the senate and assembly and the committees, subcommittees


and other subunits thereof, except that:

(1) Section 19.84 shall not apply to any meeting of the legislature

or a subunit thereof called solely for the purpose of scheduling

business before the legislative body; or adopting resolutions of

which the sole purpose is scheduling business before the senate or

the assembly.

(2) No provision of this subchapter which conflicts with a rule

of the senate or assembly or joint rule of the legislature shall apply

to a meeting conducted in compliance with such rule.

(3) No provision of this subchapter shall apply to any partisan

caucus of the senate or any partisan caucus of the assembly, except

as provided by legislative rule.

(4) Meetings of the senate or assembly committee on organization

under s. 71.78 (4) (c) or 77.61 (5) (b) 3. shall be closed

to the public.

History: 1975 c. 426; 1977 c. 418; 1987 a. 312 s. 17. 

Friday, February 25, 2011

Read It

The post below on the Inverse Square blog is required reading. The Inverse Square blog is a creation of Thomas Levenson, MIT professor and author of highly readable and erudite historical fiction.


The blog quotes his MIT colleague John Kochan, who shared his analysis on madison.com.
Wisconsin public employees are actually paid about 4.2% less than comparable private sector employees after taking into account fringe benefits. On pay, alone, the public sector is about 8% behind the private sector. And this was before the governor made it his mission to lower public employee compensation.
 
Reality Has A Well-Known Liberal Bias, Wisconsin Edition

The attacks also are likely to seriously harm Wisconsin's already weak economy.

Hmm, it's not about saving money and it's not about helping the economy, so what's behind the Walker Idea?

***

Levenson heads up the MIT Program in Writing and Humanistic Studies:

Professor Thomas Levenson is the winner of Walter P. Kistler Science Documentary Film Award, Peabody Award (shared), New York Chapter Emmy, and the AAAS/Westinghouse award. His articles and reviews have appeared in The Atlantic Monthly, The Boston Globe, Discover, The Sciences. Winner of the 2005 National Academies Communications Award for Origins.