Wisconsin GOP Anti-Union Vote Violates State’s Open Meetings Law (updated)

[ProSense]

Wisconsin GOP Anti-Union Vote Violates State’s Open Meetings Law

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Wisconsin law requires all government meetings to be conducted publicly and with advance notice except under very limited circumstances. According to a guide to Wisconsin’s open meetings law prepared by the state’s Republican attorney general:

The provision in Wis. Stat. § 19.84(3) requires that every public notice of a meeting be given at least twenty-four hours in advance of the meeting, unless “for good cause” such notice is “impossible or impractical.” If “good cause” exists, the notice should be given as soon as possible and must be given at least two hours in advance of the meeting. … If there is any doubt whether “good cause” exists, the governmental body should provide the full twenty-four-hour notice. <...>

Wis. Stat. § 19.97(3) provides that a court may void any action taken at a meeting held in violation of the open meetings law if the court finds that the interest in enforcing the law outweighs any interest in maintaining the validity of the action.

Yet, when state Rep. Peter Barca (D) informed his colleagues of this legal requirement during tonight’s conference committee, the committee’s Republican majority ignored his protests and voted to approve the bill while Barca was still explaining why their actions were illegal. Watch it:

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A few GOP-aligned outlets are now trying to claim that the law was not violated because the conference committee was announced two hours in advance. Yet there is no evidence whatsoever that it would have been “impossible or impractical” to give the full day’s notice required by law. In other words, Barca’s arguments are clearly consistent with the attorney general’s understanding of the law, and the most important open question is whether the courts will exercise their authority to “void any action taken at a meeting held in violation of the open meetings law” and invalidate this bill.

Another issue raised by Yves Smith:

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Update: It appears despite the Republican assertions to the contrary, the collective bargaining bill contains elements that would be deemed fiscal. This memo (PDF) looks as if it would bolster a Constitutional challenge.

Updated to add: Labor Vows To Step Up Recall Effort Against Wisconsin GOP, Challenge Anti-Union Bill In Court

WASHINGTON -- Dealt a major setback Wednesday night in a high-stakes battle over union rights in Wisconsin, labor leaders nevertheless insisted that they would emerge from the three-week long saga energized and eager to continue fighting.

Hours after Gov. Scott Walker (R-Wis.) and his Republican allies in the state Senate took nearly everyone by surprise and pushed through a stand-alone bill stripping public employees of their collective bargaining rights, labor officials pledged to ramp up efforts to recall Republicans and challenge the legislation in court.

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[wtmusic]

1. It had to come to a head sooner or later

is it just a matter of time before this happens in D.C.? :shrug:

[Greybnk48]

2. Thank you for this.

I am so glad the WI 14 were wise enough not to react by coming back. This will be overturned (although I must admit I'm feeling shakey on this; when it comes to Repugs having to obey the law, it doesn't seem to happen much any more).

[deacon]

3. K + R

[HopeHoops]

4. Wasn't it Newt who said Clinton was "irrelevant to the process" just before Bill whacked GOP peepee?

The weeping orange boner can try the same thing, but Obama still has the big ol' pen in the oval office.

[HereSince1628]

5. Clearly, Fitzgerald saw attacks on Unions and citizens as 'for good cause'

I don't know how anyone can challenge _that_.

Sarcastic I know, but with the WI Courts being as they are...the law says what the law says.