CAPiTOL EYE

Nothing charging

No new criminal charges in National Guard sex assault investigation

The state Department of Justice says no new

criminal charges will be filed after an agency review of more than 30 sexual assault cases that had previously been investigated by the Wisconsin National Guard between 2009-2019.

Still, the agency recommended several policy changes on fraternization and the consumption of alcohol, improvements in how the National Guard investigates sexual assault allegations, and changes in how survivors are kept apprised of a probe.

Maj. Gen. Don Dunbar, who had been the state’s adjutant general since 2007, resigned at the request of Gov. Tony Evers in December 2019 after a review found the Wisconsin National Guard created its own arm to investigate allegations of sexual harassment and assault in violation of state and federal law.

Evers signed an executive order that month ordering changes recommended in a report by the National Guard Bureau’s Office of Complex Investigations that detailed the missteps.

Breakthrough cases in WI have increased

New numbers released by the state Department of Health Services illustrate how COVID-19 vaccines provide protection against infection, hospitalization and death. But they also show that breakthrough cases among fully vaccinated people have increased between February and July of this year.

The data for July 2021 show 125.4 cases per 100,000 fully vaccinated people, compared to 369.2 cases per 100,000 unvaccinated people. Hospitalizations were also much lower for those who are vaccinated, at 4.9 per 100,000, compared to 18.2 per 100,000 for the unvaccinated.

The greatest difference is shown in death rates, with more than 10 times as many deaths for unvaccinated people in July -- 0.1 per 100,000 fully vaccinated people, versus 1.1 per 100,000 unvaccinated.

The DHS dashboard also shows breakthrough COVID-19 cases among fully vaccinated people increasing from 56.6 per 100,000 in February to 125.4 per 100,000 in July. Over the same period, cases among the unvaccinated remained at a much higher level but didn’t see a similar increase.

In a call with reporters, state health officials noted that breakthrough cases are expected and emphasized the benefits of getting vaccinated. They attributed the increase in breakthrough cases to the more infectious nature of the delta variant.

State unemployment rate remains 3.9 percent

The state’s unemployment rate in July remained at 3.9 percent, marking the fourth month in a row the rate hasn’t changed.

That’s according to the latest federal figures released by the state Department of Workforce Development. Wisconsin’s unemployment rate remains below the national rate of 5.4 percent.

The DWD release shows 12,400 private-sector jobs were added over the month, driven by gains in wholesale trade, educational services, and leisure and hospitality. Most industries are seeing substantial recovery over job numbers from July 2020.

Some decreased police spending before George Floyd

At least 253 municipalities decreased total police spending before George Floyd was killed by a police officer last year, according to a recent analysis.

A Wisconsin Policy Forum analysis of 1,854 municipalities showed over 250 local governments, including large cities such as Milwaukee and Green Bay, as well as 144 municipalities with under 2,000 residents, decreased the dollar amount they spent on police from 2018 to 2019. The group used Department of Revenue data from financial statements that look backward. Because of the perspective, the group states the analysis cannot be used to determine which municipalities would have been penalized by legislation Gov. Tony Evers vetoed earlier this summer.

SB 119 sought to reduce shared revenue for certain municipalities if they decreased budgeted spending on police, fire departments and emergency medical responders, or if they decreased the number of people employed in those areas. The bill only focused on budgetary changes to areas dedicated to hiring, training and retaining those workers.

Waukesha county exec now also state GOP chair

The state GOP Executive Committee unanimously elected Waukesha County Exec Paul Farrow to be the next party chair.

Farrow, a former state lawmaker, immediately takes over for Andrew Hitt, who announced last month he was stepping down to spend more time with his young family. Farrow will serve out the remainder of Hitt’s term, which ends just after the 2022 election.

Farrow told WisPolitics.com he will continue to serve as county exec while working in the volunteer role as state chair, saying the new position won’t affect his work leading Waukesha County.

“Since my first election as county executive, I have worked hard to keep our county tax levy low, support public safety, including our sheriff’s department, courts system, 9-1-1 dispatch services, and improve our county roads,” said Farrow, who was unopposed for state chair. “I will continue to support our county in this way and will keep working hard to serve the people of Waukesha County.”

Farrow, who previously served in the state Legislature, had been the party’s finance chair before being elevated to chair.

Nass seeking to sue over UW COVID policy

A key Republican lawmaker says he’s seeking

permission to sue the UW System after President Tommy Thompson vowed to reject a JCRAR request to submit COVID-19 policies as rules by Sept. 2.

The committee’s Co-chair Sen. Steve Nass, R-Whitewater, said he will ask Assembly Speaker Robin Vos, R-Rochester, and Senate Majority Leader Devin LeMahieu, R-Oostburg, to take legal action against the System after the deadline.

“It is sad that Interim President Tommy Thompson has once again shown his belief in big government control over the rights of individuals to make their own health related decisions,” Nass said in a statement Tuesday.

He accused the System of attempting to “banish” unvaccinated people from campuses despite Thompson’s comments today doubling down on his refusal to require immunizations against COVID-19. Nass also said different rules apply to those attending football games, though UW-Madison is requiring masks for attendees while they are indoors.

Thompson during a call Tuesday said the UW System is a “separate entity” and has the authority to manage its buildings and the safety of students under Wisconsin statutes and administrative rules. Despite his confidence that the System will win any potential battle in court, Thompson said an unfavorable ruling could be costly for universities. Removing testing, masking and vaccination protocols would drive students and faculty away, he said.

“If in fact, they find a way to rule against the university, how in the hell would you run it?” Thompson said. “The university could not function with the Legislature overruling on all decisions.”

But Thompson added that he won’t be intimidated by efforts to strike down the System’s COVID-19 mitigation policies.

“We will contest it aggressively, whether it be in the circuit court, Court of Appeals, or the Supreme Court,” Thompson said. “I’m going to use public health science in order to make my decisions. I’m not going to abdicate my responsibility. I’m not going to deviate.”

“I understand he has a responsibility and I hope he understands we do too,” Neylon said. “JCRAR has a responsibility to make sure that state agencies are following the law when issuing emergency orders. We have oversight responsibilities and must protect the rule of law.”

Amid likelihood of impasse, lawsuits ask courts to prepare to draw new district lines

Competing redistricting suits are before the courts as the conservative Wisconsin Institute for Law & Liberty asked the state Supreme Court to step in and several nonpartisan groups went to federal court.

The actions follow a suit from a half-dozen Dem voters asking a federal court earlier this month to set a deadline for GOP lawmakers and Dem Gov. Tony Evers to pass a map before taking over to draw the lines.

All three suits have one thing in common: they argue the likelihood of Evers and GOP lawmakers reaching a deal on new legislative and congressional boundaries is extremely low.

They want the courts to declare the current lines are unconstitutional due to population shifts and to put in place plans to draw lines on their own if the Legislature and Evers fail to reach a deal in a timely fashion.

On Monday, WILL asked the conservative-leaning state Supreme Court to take original jurisdiction in the case, arguing the states have primary responsibility for drawing new lines.

In addition to seeking a declaration that the current boundaries are unconstitutional, the suit then asks the court to stay the matter until the Legislature has adopted a new plan. If that happens, the suit wants the justices to weigh in on the constitutionality of those lines. If the Legislature and guv fail to reach an agreement, the suit asks the court to draw new districts.

GOP lawmakers last week filed a motion seeking to dismiss the suit filed by the Dems voters. They called it “wildly premature” and argued lawmakers should be first given the opportunity to draw new lines.

The WILL filing acknowledges that suit. Noting that federal and state courts have concurrent jurisdiction, WILL argues the state’s role is “primary” in redistricting suits.