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Gov. Walker Signs Bill Blocking Milwaukee’s Paid Sick Leave Law

In 2008, Milwaukee, Wisconsin became the third city in America to guarantee workers paid sick leave, joining Washington D.C. and San Fransisco. These cities are stepping up to fill a void left by the federal government, which is content to leave America as one of the only countriesin the developed world that does not guarantee workers paid time off if they are sick.

The sick leave law was approved by referendum — with nearly 70 percent of voters in favor — and was upheld a few weeks ago by the state’s court of appeals. However, Republicans in the Wisconsin state legislature passed a bill preempting the city’s law and ensuring that no jurisdiction within the state of Wisconsin is allowed to decide it wants to mandate paid sick days. Gov. Scott Walker (R-WI) — who gained notoriety for proposing a law stripping public sector workers of their collective bargaining rights and sparking mass protests — signed the anti-sick leave bill into law today:

Gov. Scott Walker has signed a bill that prohibits local governments from passing ordinances guaranteeing workers’ paid sick and family leave…Walker, a Republican, says in a statement the bill removes another barrier to creating jobs.

But Walker’s concern about job-loss is overblown. The Drum Major Institute conducted a study examining San Francisco’s paid sick leave law and found “no evidence that businesses in San Francisco have been negatively impacted by the enactment of paid sick leave.” In fact, the U.S. economy as a whole loses $180 billion in productivity annually due to sick employees attending work and infecting other workers.

Despite Walker’s misguided action, as the National Association of Working Women noted, plenty of other cities are forging ahead with paid sick leave legislation:

In Philadelphia, a paid sick days bill was passed out of a City Council committee a few weeks ago, and in Connecticut, the state legislature is moving forward on a bill with bipartisan support. Paid sick days legislation in New York City has 35 City Council sponsors, legislation is about to be introduced in Seattle, and more than a dozen states have coalitions advocating actively for paid sick days and paid family leave policies.  San Francisco and Washington, DC have already implemented paid sick days laws.

In the end, repealing Milwaukee’s paid sick leave law is simply one more way in which Walker is undertaking his assault on Wisconsin’s workers.

By: Pat Garofalo, The Wonk Room, Think Progress, May 5, 2011

May 6, 2011 Posted by | Collective Bargaining, Conservatives, Democracy, Economy, GOP, Gov Scott Walker, Governors, Ideology, Jobs, Lawmakers, Middle Class, Politics, Republicans, Right Wing, State Legislatures, States, Unions, Wisconsin, Wisconsin Republicans, Women, Womens Rights | , , , , , , , , , , , , | Leave a comment

Continuing The Fight: Wisconsinites Get Revved Up For Worker’s Rights

Hundreds of Wisconsinites lined Madison’s Capitol Square, Saturday, to welcome bikers from all over the Midwest and to protest Scott Walker’s attack on Wisconsin unions.

Just when Governor Scott Walker thought he memorized all the chants and signs, Wisconsinites revved it up a notch. Every kind of bike from Harley-Davidsons to Huffys descended onto the Square from Martin Luther King Jr. Blvd and South Hamilton St.

Eric Hartz, the organizer of the event, complemented the thunderous entrance with songs from the Raging Grannies, a social justice organization made up of older women. Other speakers included Sen. John Erpenbach, Sen. Mark Miller, Rep. Cory Mason, Rep. Peter Barca, Milwaukee Public School Teachers and the City of Middleton Fire Fighters.

Throughout the speeches you could hear the low rumbling from motorcycles surrounding the capitol building. “The sound from the engines and the crowd was overwhelming,” said Miriam Kopelow, a teacher at Wringra Middle School. “I could feel the chants of the people and the rumbling of the bikes.”

According to Rep. Cory Mason, motorcycles and collective bargaining rights have a special place in Wisconsin’s history. “There are two great things that were invented here in the state of Wisconsin,” said Mason. “One is public sector collective bargaining rights and the other one is Harley Davidson and no governor in their right mind would try to get rid of any of those fine institutions.”

Most of the bikers participating were veterans supporting the unions. Dave Boetcher, a member of the State Veterans Board, rode in support of public workers, but also talked about the privatization of the new veteran’s home in Chippewa Falls after private nursing home owners lobbied Gov. Walker.

“We are first and foremost a compassionate state,” said Sen. John Erpenback. However, Gov. Walker’s budget wants to “cut a third from the vocational colleges… a billion dollars from K12…turn back 20 years of
recycling” and ultimately wants “to destroy clean and open government in Wisconsin,” said Rep. Peter Barca.

Another Wisconsin invention Rep. Cory Mason pointed out, that will prove to be important in the coming months, is the right to recall elected officials. “We will continue this fight until we finally prevail, until we bring back our proud Wisconsin tradition that stands up for working people,” said Barca.

By: Summer Abdoh, Center for Media and Democracy, May 1, 2011

May 1, 2011 Posted by | Class Warfare, Collective Bargaining, Democracy, Education, Elections, GOP, Gov Scott Walker, Governors, Lawmakers, Politics, Public Employees, Republicans, State Legislatures, Teachers, Union Busting, Unions, Wisconsin, Wisconsin Republicans | , , , , , , , , , , , | Leave a comment

Justice Delayed: Wisconsin Recall Elections To Be Held July 12

A Dane County, WI judge has approved a request by the state Government Accountability Board (GAB), which oversees elections in the state, to delay some state Senate recall elections and consolidate them into one day on July 12. In the course of making that decision, the judge turned back Democratic objections that some of their recalls should proceed as quickly as possible in June.

The Milwaukee Journal Sentinel reports:

Signatures were filed against senators starting April 1, and under tight timelines in the statutes, the first election could have been scheduled in mid-June. But Dane County Judge John W. Markson agreed to give the accountability board more time to evaluate the petitions and schedule the elections.

He agreed the board needed more time because of the unprecedented demands on evaluating tens of thousands of signatures for each recall attempt. He also noted the board is bogged down by a statewide recount in the April 5 election for state Supreme Court.

The GAB had sought the extension primarily on the grounds that the extraordinary number of recalls was straining their capacity to review signatures. On the other hand, as WisPolitics reported on Thursday, Democratic Party attorney Jeremy Levinson had argued in a court filing that delaying any of the recalls would do damage to the Dems, and create political space for the Republicans to do mischief with the extra time:

Levinson argues delaying the matter would give the incumbents an “extra-statutory” fundraising advantage, and leave representation of those districts “an open and pending question.”

In addition, Levinson argues that delaying the recall elections may result in laws being enacted that would not be if the recalls are held in the time frame permitted by statute.

“The rush to put ‘Voter ID’ and the concealed carry of firearms before the legislature — to say nothing of the pending budget — confirm that this is an entirely concrete concern,” Levinson writes.

In addition, as Jessica Arp from the local CBS affiliate reported from Judge Markson’s court hearing, Levinson also argued that the earliest petitions, against state Sen. Dan Kapanke and state Sen. Randy Hopper, were filed so quickly as a deliberate decision on the Dems’ part, in order to have the recalls move forward quickly while the issues are still fresh in the public mind.

Ultimately, though, Markson declared that it had become difficult or impossible for the GAB to meet the statutory deadline, and that the public would be better served by having the recalls held on a single day.

The state Senate currently has a 19-14 Republican majority, with Democrats hoping to pick up three seats in recall elections and win a majority, in a backlash against Gov. Scott Walker’s anti-public employee union legislation. In order to initiate a recall, signatures of at least 25 percent of the number of voters in the previous gubernatorial election, within the targeted district, must be collected in a 60-day window.

Democrats have filed recall signatures against six Republicans: Dan Kapanke, Randy Hopper, Luther Olsen, Sheila Harsdorf, Alberta Darling and Rob Cowles. Republicans have filed recall signatures against three Democrats: Dave Hansen, Jim Holperin and Robert Wirch.

Under Wisconsin’s recall law, elected officials must have served at least one year of their term before being recalled — thus exempting the half of the Senate that was just elected in 2010. In addition, Dems have also declared their intention to recall Walker himself next year, when the one-year exemption runs out.

By: Eric Kleefeld, Talking Points Memo, April 29, 2011

April 30, 2011 Posted by | Collective Bargaining, Elections, Gov Scott Walker, Politics, Public Employees, State Legislatures, Unions, Voters, Wisconsin, Wisconsin Republicans | , , , , , , , , , | Leave a comment

Democracy On Trial: Wisconsin Supreme Court Recount Begins

The recount in Wisconsin’s Supreme Court race begins this Wednesday, April 27. Why was the recount called, how will it be carried out, and how can individuals get involved?

The Why

A recount was expected after the final, unofficial vote count showed Kloppenburg winning by 204 votes. Governor Scott Walker implied as much when he told the Associated Press “[t]he overriding principle has got to be that every vote that was legally cast in Wisconsin needs to be counted.”

The landscape shifted two days after the election when Waukesha County Clerk Kathy Nickolaus, a Republican activist in the state’s most conservative county, announced she inadvertently missed 14,000 votes, giving the conservative Justice Prosser a lead of more than 7,500 votes. This eleventh-hour announcement by someone who once worked for Prosser led many to question the integrity of Wisconsin’s elections, and Congresswoman Tammy Baldwin asked the U.S. Department of Justice to investigate.

The election was marked by other problems. The director of the state elections board, Kevin Kennedy, significantly miscalculated public interest in the election, predicting a turnout of 20 percent when the actual turnout topped 33 percent statewide and in some areas was as high as 54 percent. Wards around the state ran out of ballots and resorted to using photocopies or requiring all voters to use a single touch-screen machine normally reserved for persons with disabilities. While no voters were turned away, long lines may have deterred some potential voters, and photocopied or otherwise improvised ballots can give rise to challenges.

Even if Prosser’s lead will be difficult to overcome, Kloppenurg said she called for the recount because:

“Wisconsin residents must have full confidence that these election results are legitimate and that this election was fair. A recount will establish where votes were incorrectly tabulated and expose if irregularities compromised the electoral process. A recount may change the outcome of this election or it may confirm it. But when it is done, a recount will have shone necessary and appropriate light on an election which, right now, seems to many people, suspect.”

Additionally, Kloppenburg’s campaign asked the state elections board to appoint an independent investigator to look into potential misconduct surrounding the uncounted Waukesha County votes, citing County Clerk Nickolaus’ partisan affiliations and history of incompetence, and noting that right-wing media outlets reported the changed results before Nickolaus’ April 7 press conference. Kloppenburg may be requesting an independent investigation because Kevin Kennedy rushed to the defense of Nickolaus, issuing a statement expressing “confidence in Wisconsin’s county and municipal clerks,” before he had a chance to investigate the issue and even while admitting that he himself was not informed of the problems with the Waukesha count prior to the press conference held by Nickolaus.

The complaint also alleges that Prosser had a meeting with Governor Walker on April 6, one day after the election (and one day before the Waukesha votes were announced), and that Governor Walker commented on April 6 that there might be “ballots somewhere, somehow found out of the blue that weren’t counted before.” Both Walker and Prosser have denied there was such a meeting.

The How

Because Justice Prosser’s margin of victory was within ½ of one percent after statewide canvassing, Wisconsin law provides for a recount should a candidate request one.  All counties will count simultaneously, with participants likely working through the weekends in order to finish by the May 9 completion date. See the recount manual for more information.

The Milwaukee Journal-Sentinel sets the scene:

An indoor sports arena is filled with poll workers from every municipality in Milwaukee County, each in their own area. At each station, poll workers examine and count ballots one by one. And as they count, campaign volunteers, attorneys and journalists watch their every move – with the campaign representatives sometimes challenging the poll workers’ decisions – while sheriff’s deputies stand guard.

The Journal-Sentinel also reports that “Prosser attorney Jim Troupis has already said the incumbent’s campaign would have hundreds of volunteers, including some flying in from around the country, to monitor the recounts.” Prosser had initially hired the DC lawyer who represented George W. Bush during the infamous 2000 Florida recount that made “W” president, but has apparently replaced him with Troupis, the go-to election lawyer for Wisconsin Republicans. In the past year Troupis has represented Americans for Prosperity in a challenge to fair election rules, legislative Republicans in redistricting efforts, and Club for Growth in a case to compel Senate Democrats back into the state. (See OneWisconsinNow’s 2009 Troupis bio here). He also sits on the Board of Directors of the right-wing, Koch-connected thinktank MacIver Institute.

Kloppenburg initially hired attorneys who represented now-Senator Al Franken in his successful Minnesota recount, but has since retained the Madison firm Cullen, Weston, Pines & Bach.

Both Candidates Are Looking for Volunteers and Donations

Both campaigns are seeking volunteers to aid with the recount. The “Kloppenburg for Justice” facebook page has information on who lawyers and other potential volunteers can email to get involved, and Justice Prosser’s “Recount for Victory” website has a volunteer signup sheet.

Observers can watch for lapses in procedure and challenge the decisions of the canvassers if the intent of the voter becomes an issue on any specific ballot. Even in the wards where optical scanners will be used, the ballots will be visually inspected before they are fed to the machine, and observers can verify the machine total.

Although the state will pay for most of the costs associated with the recount, it will not pay lawyers’ fees, and public funding for campaigns no longer applies. Both candidates are accepting donations for what may be substantial lawyers’ fees; according to Justice Prosser’s “Victory Recount Fund” site, “donations are unlimited,” but corporate donations will not be accepted, possibly to avoid conflict-of-interest issues if a case involving a donor comes before the Supreme Court.

By: Brendan Fischer, Center for Media and Democracy, April 26, 2011

April 26, 2011 Posted by | Democracy, Elections, Politics, Wisconsin, Wisconsin Republicans | , , , , , , | 1 Comment

Amoral And Illegal: Gov Walker Misleads On His Administration’s Legal Support For GOP Legislators

Last week, Wisconsin Governor Scott Walker put a deceptively positive gloss on the legal battles surrounding his stalled union-busting bill in an interview with the right-wing Newsmax website.

Background on the Legal Battles

As CMD has reported, Governor Walker’s union-busting bill (“Act 10”) was amended by a conference committee on March 11 to avoid quorum requirements, then passed by the Wisconsin Senate with no Democrats present. State Open Meetings laws require 24 hours notice for all meetings, or two hours with “good cause,” but neither standard was met at the March 11 vote. Following a complaint from Dane County’s District Attorney, Judge MaryAnn Sumi found a probable Open Meetings violation and issued an order preventing the Secretary of State from publishing the bill, a necessary step before it can become law. Attorney General JB Van Hollen appealed the decision, and the Court of Appeals offered the case to the state Supreme Court on March 24, which has not taken action (possibly because Justice Prosser’s election is still pending). In the meantime, the Legislative Reference Bureau published the law under statutory authority separate from that of the Secretary of State, raising questions of whether the bill has become law, and prompting Judge Sumi to issue an order declaring it not to be in effect.

On April 7, Governor Walker’s Administration jumped into the fray and asked the Wisconsin Supreme Court to vacate Judge Sumi’s order.

Walker Administration’s Legal Position Contrary to Governor’s Statements

The Walker Administration’s petition was discussed during the Governor’s videotaped interview with mustachioed Newsmax anchor Ashley Martell. Walker said:

My administration this week appealed to the state Supreme Court on two counts. Really both on […] the fact that we don’t believe it is legitimate for the judge to be an issuing a temporary restraining order when we think the law was dufully (sic) passed by the members of the state legislature. (at 3:29)

Mustache Martella replied: “speaking of that, the legal issue seems to be the notice given before the vote . . .”

The heart of the issue that is regarding the restraining order really involves the issue of the open meetings laws and whether or not there was notice on that. The legislature feels, and I think they are right about this, that they very clearly did follow the statute, that under other circumstances there might be a problem, but in a special session . . . it is clear that they followed the law. (at 4:12)

Despite Walker’s faith in the conduct of fellow Wisconsin Republicans, his legal team is not contending that GOP legislators followed the law, but only that violations of that law be enforced more leniently. In its petition to the Supreme Court, not once does Walker’s Administration argue that Republican legislators acted lawfully.

Walker’s petition focuses on three issues, claiming (1) that breaking an Open Meetings law is a “procedural violation” that cannot be punished through voiding a legislative act, (2) that a court does not have jurisdiction to prevent a bill from becoming law (even if it may have authority to void a law once enacted), and (3) that the Act is published and is now law, meaning Sumi’s order has no relevance. The brief also questions whether the District Attorney can sue to invalidate a statute, and whether Judge Sumi could enter an order considering defendants’ legislative immunity. Significantly, the petition does not discuss whether legislative notice rules can override Open Meetings laws (which, if argued, could have implied legislators acted lawfully).

Put Your Money Where Your Mouth Is

Walker’s Newsmax statements give the impression that legislators acted honorably, avoiding the fact that they may have illegally shut citizens out of the political process, violated the state’s constitutionally-recognized open government guarantees, and did so on a bill that has a significant impact and massive public attention. This is no small matter. As the late Wisconsin Supreme Court Justice William Bablitch wrote in the 1994 case State ex rel. Hodge vs. Town of Turtle Lake: 

The purpose of the Open Meetings Law is to protect the public’s right to be informed to the fullest extent of the affairs of government. . . An open meetings law is not necessary to ensure openness in easy and noncontroversial matters where no one really cares whether the meeting is open or not. Like the First Amendment, which exists to protect unfavored speech, the Open Meetings Law exists to ensure open government in controversial matters.

Open Meetings laws are fundamentally important to Wisconsin’s democracy, and violations are serious business. If Walker genuinely believes the GOP lawmakers’ actions were virtuous and lawful, his administration’s legal documents should reflect that.

By: Brenda Fisher, Center for Media and Democracy, April 13, 2011

April 14, 2011 Posted by | Collective Bargaining, Democracy, Gov Scott Walker, Governors, Ideologues, Ideology, Politics, Public Employees, Right Wing, State Legislatures, Union Busting, Unions, Wisconsin, Wisconsin Republicans | , , , , , , , , , | Leave a comment

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