Wisconsin Senate Sneak Attack On Collective Bargaining May Have Violated “Open Meeting” Law.
Just a few hours ago on March 9th, the Wisconsin State Senate, using GOP shock tactics, and brooking no interruptions, speedily passed a proposal to severely limit the collective bargaining rights of most Wisconsin public sector employees. The RepubliCon senators found a way to bring the bill to the floor by stripping out all fiscal provisions, thus obviating the need for a super-quorum required by the Wisconsin Constitution:
Vote on fiscal bills; quorum. Article VIII, SECTION 8. On the passage in either house of the legislature of any law which imposes, continues or renews a tax, or creates a debt or charge, or makes, continues or renews an appropriation of public or trust money, or releases, discharges or commutes a claim or demand of the state, the question shall be taken by yeas and nays, which shall be duly entered on the journal; and three−fifths of all the members elected to such house shall in all such cases be required to constitute a quorum herein.
For bills without fiscal measures, like the one the GOP senators cobbled together today to crush collective bargaining rights, a simple majority is sufficient for a vote to be taken. Since the GOP senate delegation outnumbers the minority Dems, the trap was complete. In effect, removing the fiscal provisions literally mooted the Senate Democrats’ two week long diaspora to Illinois.
The maneuver, though, did not moot
Assembly Democratic Minority Leader, Peter Barca, D-Kenosha who was the only Democratic member present at the ambush. (See video at right.)
He immediately and loudly objected, mincing no words, “Mr. Chairman, this is a violation of law,” invoking the state’s Open Meeting statute that, among other things, requires (with a few exceptions) 24 hours notice before legislative action. And with this, Barca raised the possibility that the GOP tactic of using speed, shock, and awe may yet crash against the battlements of government in the sunshine. Violations of the law may lead to voiding of the GOP actions taken tonight.
The document below provides the text of the Open Meeting law, with certain irrelevant sections omitted. (To see the entire law, go here, pg 24, et seq.)
Also, I’ve highlighted various key provisions, sections that may be “in play” soon. The really crucial sections are highlighted in white with maroon colored text. See what you think!
