Vukmir clip collection - Open Records Battle by Wisconsin Newspaper Association

Oct 2013 Page 10 A007

Clip resized 82%

New Richmond News

Sen. Leah Vukmir is wrong on records law 1

David D. Haynes Your Right to Know In a statement, Vukmir writes that she has complied with CMD’s open records request “and will continue to comply with all future requests for records, including two recent requests by CMD.” But when will she comply? And why does she believe she deserves such broad immunity? The senator ought to answer those questions. In the past, the state has argued that the constitution provides immunity from civil proceedings only during floor sessions, says Madison attorney Susan Crawford, a former assistant attorney general. That was the state’s position during the legislative caucus scandal a decade ago, she said. Crawford notes that the attorney general is

the state officer charged with enforcing the Open Records Law and now is arguing, essentially, that the law cannot be enforced against legislators. No court could hold them accountable, as long as they are in office. In the past, lawmakers on both sides of the aisle have been sued under the Open Records Law. Those legislators either acknowledged the violation and turned over the documents or fought it out in court. The constitutional provision, and similar ones in other state constitutions, can be traced to English common law, which aimed to prevent political foes from suing their rivals as a ploy to remove them from the floor during sessions of Parliament. Legislative immunity, then, was created to protect the democratic process – not to protect the politicians. Vukmir’s tactic turns a very reasonable idea on its head. This should not be a partisan issue: Everyone benefits from transparency in government. Rick Esenberg, a Milwaukee lawyer and blogger often allied with Republicans, recently told the Milwaukee Journal Sentinel that the Vukmir/Van Hollen motion “would seem to extend the scope of the exemption provision well beyond its

original meaning.” And this broad interpretation might also lead to claims of immunity in other kinds of civil lawsuits. Some legislators serve for decades. Could they sidestep any civil claim while in office? Van Hollen’s actions are a disappointment. He has been a strong supporter of open government in the past. When state Sen. Jon Erpenbach, D-Middleton, was sued by the conservative MacIver Institute over emails the senator received during the collective bargaining battle in 2011, Van Hollen declined to take the case. He should have done the same this time. As for Vukmir, she says she has “always believed in transparency in government.” She can demonstrate it by dropping her claim. She and Van Hollen may hope to cloak themselves in the state constitution, but in this instance it looks like a very poor fit. Your Right to Know is a monthly column distributed by the Wisconsin Freedom of Information Council (www.wisfoic.org), a nonprofit group dedicated to open government. David D. Haynes is editorial page editor of the Milwaukee Journal Sentinel.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Fond du Lac, The Reporter

Oct 09 2013

Clip at 100%

Wisconsin State Journal

Candidates line up for Wis. AG job Mary Spicuzza

Page A03

Republican Attorney General J.B. Van Hollen will not seek a third term next year, he announced this week. His decision to step away from the seat leaves a high profile state office wide open in 2014. But already on Monday, potential candidates began to emerge. Waukesha County District Attorney Brad Schimel said he will likely run for the Republican nomination. And state Rep. Chris Taylor, DMadison, said she was interested in running, but added that she needed to discuss it with her family. “I’m talking with family and friends right now. I’m leaning toward a run,” Schimel said. “I expect in the next few days to make a formal announcement.” And Taylor said, “It is a very intriguing seat.” Milwaukee County District Attorney John Chisholm and Dane County District Attorney Ismael Ozanne could not be reached Monday for comment about whether they would run. Charles Franklin, a professor of law and public policy and director of the Marquette University Law School Poll, said Van Hollen's decision not to run again opens up an

important statewide office — and one that has been “a stepping stone to the governorship.” “It opens up the race to a lot of potential candidates,” Franklin said. “This is an important office. And the current set of cases the attorney general is involved in emphasizes that.” Van Hollen has defended a number of laws passed after Republicans took control of the governor's office, Senate and Assembly in 2011. Much of that litigation is still ongoing. He has been in court fighting to uphold a slew of laws, including Act 10, the law limiting collective bargaining for most public workers throughout the state; the measure requiring voters to show photo identification at the polls and another that says doctors who perform abortions must have hospital admitting privileges. Van Hollen has faced a wave of criticism from Democrats and open government advocates while defending Sen. Leah Vukmir, R-Wauwatosa, in a case over public records by saying she is immune from the lawsuit while in office. Van Hollen’s announcement came shortly after Democratic businesswoman Mary Burke launched her campaign for governor.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Waterloo, The Courier Brandon Cedarwall

YOUR RIGHT TO KNOW

Oct 10

Vukmir wrong on records By David D. Haynes

2013

Milwaukee Journal Sentinel Editorial Page Editor

Page B08

Clip resized 62%

edged the violation and turned over the documents or fought it out in court. The constiDavid D. Haynes tutional proviEditorial Page sion, and simiEditor lar ones in other state constitutions, can be traced to English common law, which aimed to prevent political foes from suing their rivals as a ploy to remove them from the floor during sessions of Parliament. Legislative immunity, then, was created to protect the democratic process – not to protect the politicians. Vukmir’s tactic turns a very reasonable idea on its head. This should not be a partisan issue: Everyone benefits from transparency in government. Rick Esenberg, a Milwaukee lawyer and blogger often allied with Republicans, recently told the Milwaukee Journal Sentinel that the Vukmir/Van Hollen motion “would seem to extend the scope of the exemption provision well beyond its original meaning.” And this broad interpretation might also lead to claims of immunity in other kinds of civil lawsuits. Some legislators serve for decades. Could they sidestep any civil claim while in office? Van Hollen’s actions are a disappointment. He has been a strong supporter of open government in the past. When state Sen. Jon Erpenbach, D-Middleton, was sued by the conservative MacIver Institute over emails the senator received during the collective bargaining battle in 2011, Van Hollen declined to take the case. He should have done the same this time. As for Vukmir, she says she has “always believed in transparency in government.” She can demonstrate it by dropping her claim. She and Van Hollen may hope to cloak themselves in the state constitution, but in this instance it looks like a very poor fit. Your Right to Know is a monthly column distributed by the Wisconsin Freedom of Information Council (www.wisfoic.org), a nonprofit group dedicated to open government. David D. Haynes is editorial page editor of the Milwaukee Journal Sentinel.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Rice Lake, The Chronotype - 2013/10/09 - A004 Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Medford, The Star News

Oct 10

Van Hollen won’t seek third AG term

2013

by M.D. Kittle, Wisconsin Reporter

Page A013

Clip resized 89%

Asserting that no person should be “Attorney General for life, or for too long,” Wisconsin Attorney General J.B. Van Hollen on Monday announced he will not seek a third term. The Republican, first elected in 2006, has presided over arguably one of the more interesting and active times in Wisconsin law, standing at the legal center of everything from voter ID to the state’s controversial collective bargaining reform law to conceal and carry. Now, Van Hollen says it’s time to step aside, to give someone else a chance. “Our democracy requires a balance of experience and fresh views. For my family, for me, and this office, it’s time to give Wisconsin voters new choices,” the attorney general said in a statement Monday. Fellow Republican Gov. Scott Walker issued a short statement on Van Hollen’s announcement, calling the attorney general a real professional and a great friend. “It has been a pleasure working with J.B. Van Hollen on public safety issues,” Walker said. “I look forward to working with him throughout the remainder of his term.” The state’s top prosecutor has spent more of his time as defense attorney in recent years, his office defending Act 10, the law, led by Walker, that guts collective bargaining for most public sector employees in Wisconsin. Last month, after a federal court upheld the law, Van Hollen said the latest of many rulings in favor of the state, “proves, once again, that Act 10 is constitutional in all respects and that the challenges to the law are baseless.” Dane County Circuit Court Judge Juan Colas’ ruling that the law is unconstitutional has been challenged in several courts, and Van Hollen has been there in defense of Act 10. The state Supreme Court is expected to take up oral arguments Nov. 11. Van Hollen also has defended the state against lawsuits challenging the constitutionality of Wisconsin’s law requiring voters present identification at the polls. “From the start, we have defended the constitutionality of Wisconsin’s voter ID law,” the attorney general said in May after a Court of Appeals ruling in favor of the law. He noted other challenges pending. “We will continue to defend the law and look forward to favorable decisions in those other cases as well.” The voter ID law remains on hold as the courts sort out the challenges. Van Hollen earlier this month announced that employees of the state Department of Justice issued concealed carry permit license No. 200,000, on Sept. 30. The law took effect Nov. 1, 2011, making Wisconsin the 49th state in the nation to adopt a version of concealed carry. “As Attorney General, I’m pleased we’re able to offer

this public service to Wisconsin’s law-abiding citizens, and that we were able to reduce the cost and provide a rapid turnaround for those who wish to exercise their Second Amendment rights in this manner,” Van Hollen said in a statement after the milestone 200,000th permit. The Republican sparred with his party and the National Rifle Association at the time of implementation, when Van Hollen included mandatory, four-hour training in the permit application process. In his message Monday, Van Hollen made no specific reference to the politically charged issues of Act 10, voter ID and concealed carry. Instead, the attorney general pointed to the state Department of Justice’s efforts in enhancing public safety and integrity in the office. Among his chief accomplishments, Van Hollen noted to the elimination of the DNA backlog at the state crime laboratories. Grant County Sheriff Nathan Dreckman said it once was not uncommon for his investigators to wait a year or more for evidence to come back from the state. He said the backlog has been cut in half after Van Hollen’s initiative. “We used to have investigators sitting with a case on their desk and they could do nothing with it while they were waiting for this final piece of the investigation,” Dreckman said. “Clearing up some of the DNA backlog has helped us get evidence back here faster so we can get closure for victims.” Dreckman said Van Hollen has placed an emphasis on partnering with law enforcement around the state, and getting their input and buy-in on Justice initiatives. Case in point, the attorney general’s campaign, announced last week, to attack Wisconsin’s growing heroin problem. “We have problems with heroin down here,” the sheriff said of the rural, southwest Wisconsin county. “We asked if we could get involved and they got right back to us.” Van Hollen asserts his office has put the law and rule of law above politics, “eliminating the all-too-common Attorney General activism that grows government and contributes to political discord and dysfunction.” But the Republican attorney general has been criticized at times – many times by the left – for putting his party above law. Most recently Van Hollen has been attacked by open records advocates for defending state Sen. Leah Vukmir, R-Wauwatosa, from lawsuits seeking information on the senator’s involvement in the American Legislative Exchange Council, a conservative model law organization. So what’s next for the attorney general, after his second term ends? He’s not saying. Van Hollen says he’s just concentrating on the job at hand. “The decision not to run will allow me to focus exclusively on the remaining tasks without the distractions of a campaign,” he said.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Waupaca, County Post West - 2013/10/10 - A007 - copy resized to: 76% Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Waukesha, The Freeman

Sep 27

Van Hollen turns his back on the public 1

2013 Page A06

Clip resized 82%

When state lawmakers created the provision in the Constitution limiting the ability to sue legislators who are in session, there was reason behind it. We wouldn’t want legislators to be dragged away from the floor in shackles just because one group doesn’t like the legislator and decides to sue to avoid having a lawmaker cast a vote. If that happened, then some citizens would lose their representative while the Legislature is on the floor debating and voting on bills. But there is a vast difference between a floor session, when legislators are actually on the floor debating bills, and a legislative session, which covers an entire two-year period and then immediately starts anew after one session ends. Yet in a recent court filing, Wisconsin Attorney General J.B. Van Hollen claimed, because of a provision in the Wisconsin Constitution, a Republican legislator is immune from any civil process while the Legislature is in session. The current legislative session started Jan. 7 of this year and goes through Jan. 5, 2015, and during that period Van Hollen says the lawmaker receives legislative immunity. The case at question pertains to state Sen. Leah Vukmir, R-Wauwatosa, who serves as the state chairwoman of the American Legislative Exchange Council and sits on ALEC’s national board. The Center for Media and Democracy sued Vukmir in June for records pertaining to ALEC, but the Attorney General’s Office, which is defending Vukmir, filed a motion to quash the case on grounds of legislative immunity because the Legislature is in session. The problem is that after the current legislative session ends, another one starts right up, meaning that based on Van Hollen’s opinion, lawmakers would never need to produce documents until they are out of office. That could be decades, and completely evades the intent of the open records law. Following media criticism, Van Hollen said in an opinion piece: ‘‘Open government is an essential tool to citizen-

The Center for Media and Democracy sued Vukmir in June for records pertaining to ALEC, but the Attorney General’s Office, which is defending Vukmir, filed a motion to quash the case on grounds of legislative immunity because the Legislature is in session. informed democracy, and I remain committed to using my position as attorney general to facilitate full compliance with the law. But I also took an oath to uphold the state constitution.’’ He points to Article IV, Section 15 of Wisconsin’s Constitution that states ‘‘Members of the legislature shall in all cases, except treason, felony and breach of the peace, be privileged from arrest; nor shall they be subject to any civil process, during the session of the legislature, nor for fifteen days next before the commencement and after the termination of each session.’’ If that is the case, then Van Hollen should have provided the same guidance to state Sen. Jon Erpenbach, a Democrat, when the conservative MacIver Institute sued him for records, although that case was supposedly different. Van Hollen declined to represent Erpenbach, and advised him to give MacIver the records. Van Hollen goes on to say he is following the constitution and if he hadn’t the media would be right to publish an article headlined, ‘‘Attorney general turns his back on the constitution.’’ OK, we will not say that. But based on his interpretation, Van Hollen may not be turning his back on the constitution, but he is turning his back on the public. While we understand the intent of the provision in the constitution, we do not think Wisconsin’s founders meant to create a secret state where citizens can only learn about lawmaker’s actions decades after they occur. – The Journal Times, Racine

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Oct 2013 Page 02 A09

Clip resized 83%

Frederic, Inter-County Leader

Your Right to Know

E\ 'DYLG +D\QHV

State Sen. Leah Vukmir, R-Wauwatosa, is making a novel legal argument to dodge a public records request. Itâ&#x20AC;&#x2122;s one that, carried to its logical extreme, could neuter Wisconsinâ&#x20AC;&#x2122;s Open Records Law. Vukmir is claiming legislative immunity from a June lawsuit Ă&#x20AC;OHG E\ WKH OLEHUDO &HQter for Media and Democracy, which has alleged that she failed to turn over records related to the American Legislative Exchange 'DYLG +D\QHV Council. ALEC, a lightning rod for liberals, works with conservative state legislators around the country to write model legislation. ,Q D PRWLRQ Ă&#x20AC;OHG E\ VWDWH $WWRUQH\ *HQHUDO - % 9DQ +ROOHQÂˇV RIĂ&#x20AC;FH 9XNPLU FODLPV she canâ&#x20AC;&#x2122;t be sued while the Legislature is in session. If her argument prevails, lawmakers could no longer be compelled to comply with open records requests. Hereâ&#x20AC;&#x2122;s why: /HJLVODWRUV UHFHQWO\ KDYH GHĂ&#x20AC;QHG WKHLU

Vukmir wrong on records law â&#x20AC;&#x153;sessionsâ&#x20AC;? as beginning on the day they are sworn in and lasting until the next time they are sworn in. That would make Vukmir immune from lawsuit for the entire WLPH VKH UHPDLQV LQ RIĂ&#x20AC;FH ZKLFK FRXOG EH for many years. In a statement, Vukmir writes that she has complied with CMDâ&#x20AC;&#x2122;s open records request â&#x20AC;&#x153;and will continue to comply with all future requests for records, including two recent requests by CMD.â&#x20AC;? But when will she comply? And why does she believe she deserves such broad immunity? The senator ought to answer those questions. In the past, the state has argued that the constitution provides immunity from civil SURFHHGLQJV RQO\ GXULQJ Ă RRU VHVVLRQV says Madison attorney Susan Crawford, a former assistant attorney general. That was the stateâ&#x20AC;&#x2122;s position during the legislative caucus scandal a decade ago, she said. Crawford notes that the attorney general LV WKH VWDWH RIĂ&#x20AC;FHU FKDUJHG ZLWK HQIRUFLQJ the Open Records Law and now is arguing, essentially, that the law cannot be enforced against legislators. No court could hold

them accountable, as long as they are in ofĂ&#x20AC;FH In the past, lawmakers on both sides of the aisle have been sued under the Open Records Law. Those legislators either acknowledged the violation and turned over the documents or fought it out in court. The constitutional provision, and similar ones in other state constitutions, can be traced to English common law, which aimed to prevent political foes from suing their rivals as a ploy to remove them from WKH Ă RRU GXULQJ VHVVLRQV RI 3DUOLDPHQW Legislative immunity, then, was created to protect the democratic process â&#x20AC;&#x201C; not to protect the politicians. Vukmirâ&#x20AC;&#x2122;s tactic turns a very reasonable idea on its head. This should not be a partisan issue: EveryRQH EHQHĂ&#x20AC;WV IURP WUDQVSDUHQF\ LQ JRYHUQment. Rick Esenberg, a Milwaukee lawyer and blogger often allied with Republicans, recently told the Milwaukee Journal Sentinel that the Vukmir/Van Hollen motion â&#x20AC;&#x153;would seem to extend the scope of the exemption provision well beyond its original meaning.â&#x20AC;? And this broad interpretation might also

lead to claims of immunity in other kinds of civil lawsuits. Some legislators serve for decades. Could they sidestep any civil claim ZKLOH LQ RIĂ&#x20AC;FH" Van Hollenâ&#x20AC;&#x2122;s actions are a disappointment. He has been a strong supporter of open government in the past. When state Sen. Jon Erpenbach, D-Middleton, was sued by the conservative MacIver Institute over emails the senator received during the collective bargaining battle in 2011, Van Hollen declined to take the case. He should have done the same this time. As for Vukmir, she says she has â&#x20AC;&#x153;always believed in transparency in government.â&#x20AC;? She can demonstrate it by dropping her claim. She and Van Hollen may hope to cloak themselves in the state constitution, but in this instance it looks like a very poor Ă&#x20AC;W Your Right to Know is a monthly column distributed by the Wisconsin Freedom of InforPDWLRQ &RXQFLO D QRQSURĂ&#x20AC;W JURXS GHGLFDWHG WR open government. David D. Haynes is editorial page editor of the Milwaukee Journal Sentinel.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Black River Falls Jackson County Chronicle

Sen. Vukmir wrong on records law Oct 02

2013 Page A002 Clip at 100%

State Sen. Leah Vukmir, RWauwatosa, is making a novel legal argument to dodge a public records request. It’s one that, carried to its logical extreme, could neuter Wisconsin’s Open Records Law. Vukmir is claiming legislative immunity from a June lawsuit filed by the liberal Center for Media and Democracy, which has alleged that she failed to turn over records related to the American Legislative Exchange Council. ALEC, a lightning rod for liberals, works with conservative state legislators around the country to write model legislation. In a motion filed by state Attorney General J.B. Van Hollen’s office, Vukmir claims she can’t be sued while the Legislature is in session. If her argument prevails, lawmakers could no longer be compelled to comply with open records requests. Here’s why: Legislators recently have defined their “sessions” as beginning on the day they are sworn in and lasting until the next time they are sworn in. That would make Vukmir immune from lawsuit for the entire time she remains in office, which could be for many years. In a statement, Vukmir writes that she has complied with CMD’s open records request “and will continue to comply with all future requests for records, including two recent requests by CMD.” But when will she comply? And why does she believe she deserves such broad immunity? The senator ought to answer those questions. In the past, the state has argued that the constitution pro-

Your Right to Know

by David D. Haynes vides immunity from civil proceedings only during floor sessions, says Madison attorney Susan Crawford, a former assistant attorney general. That was the state’s position during the legislative caucus scandal a decade ago, she said. Crawford notes that the attorney general is the state officer charged with enforcing the Open Records Law and now is arguing, essentially, that the law cannot be enforced against legislators. No court could hold them accountable, as long as they are in office. In the past, lawmakers on both sides of the aisle have been sued under the Open Records Law. Those legislators either acknowledged the violation and turned over the documents or fought it out in court. The constitutional provision, and similar ones in other state constitutions, can be traced to English common law, which aimed to prevent political foes from suing their rivals as a ploy to remove them from the floor during sessions of Parliament. Legislative immunity, then, was created to protect the democratic process — not to protect the politicians. Vukmir’s tactic turns a very reasonable idea on its head.

This should not be a partisan issue: Everyone benefits from transparency in government. Rick Esenberg, a Milwaukee lawyer and blogger often allied with Republicans, recently told the Milwaukee Journal Sentinel that the Vukmir/Van Hollen motion “would seem to extend the scope of the exemption provision well beyond its original meaning.” And this broad interpretation might also lead to claims of immunity in other kinds of civil lawsuits. Some legislators serve for decades. Could they sidestep any civil claim while in office? Van Hollen’s actions are a disappointment. He has been a strong supporter of open government in the past. When state Sen. Jon Erpenbach, DMiddleton, was sued by the conservative MacIver Institute over e-mails the senator received during the collective bargaining battle in 2011, Van Hollen declined to take the case. He should have done the same this time. As for Vukmir, she says she has “always believed in transparency in government.” She can demonstrate it by dropping her claim. She and Van Hollen may hope to cloak themselves in the state constitution, but in this instance it looks like a very poor fit.

Your Right to Know is a monthly column distributed by the Wisconsin Freedom of Information Council (www.wisfoic.org), a nonprofit group dedicated to open government. David D. Haynes is editorial page editor of the Milwaukee Journal Sentinel.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Spring Valley & Elmwood Sun-Argus

Oct 02

2013 Page 0008 Clip at 100%

Is the Wisconsin Legislature above the Open Records Law? By Tim Morrissey, Wisconsin News Connection MADISON, WI - The Center for Media and Democracy has sued Republican State Sen. Leah Vukmir under the state’s Open Records Law to obtain correspondence she had with The American Legislative Exchange Council (ALEC). ALEC is a shadowy organization that works with corporations and conservatives to write model legislation. Vukmir and Republican State Attorney General J.B. VanHollen said she does not have to comply when the legislature is in session, which now is almost constantly. President of the Wisconsin Freedom of Information Council Bill Lueders has a different view. “We respectfully disagree with the position taken by the Attorney General. It’s highly unlikely that the legislative intent was to immunize lawmakers from civil action,” Lueders said. When the law was written, the legislature was in session only a few months of the year, but now legislators allege they are continually in session. Lueders said Vukmir is not really saying legislators are above the law. “What she’s asserting in terms of a legal privilege here, though, is that if someone believes that she’s not tell-

ing the truth about that, they should have no recourse,” he explained, “that she should be able to assert immunity, and say ‘I’ve given you everything, but don’t make me prove it, I don’t have to prove it, you can’t take me to court, I’m immune from civil litigation.’” In recent years, other legislators who have been sued under the Open Records law have either turned over the records requested or gone to court to fight the case. Lueders said even if this new approach stands, not much will change. “I don’t think that many lawmakers are going to avail themselves of this loophole,” Lueders said, “but, to the extent that it is asserted as a privilege, it would be used, I guess, just in those rare circumstances where someone really has something that they want to hide, and that’s what makes it dangerous.” Newspapers across the state have editorialized against this new approach to avoiding the Open Records Law. ALEC has claimed its communications are not subject to any open-records law, which Lueders said is absurd. “That has absolutely no weight or force in law; that is a completely ridiculous assertion for them to make on a document,” he said.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Oct 2013 Page 02 O29

Clip resized 71%

Madison, The Cap Times 1

In ALEC’s underworld, democracy is a burden

Rep. Chris Taylor

Chris Taylor, D-Madison, represents the 76th Assembly District in the Wisconsin Legislature.

ntrance to the 40th anniversary conference of the American Legislative Exchange Council was tightly controlled. But I had become a member, paid the $575 registration fee, and produced the required identification. For two days in August, I submerged myself in the ALEC underworld. Though I had witnessed the ALEC agenda in our own state, from the attack on workers’ rights and gutting of fair employment laws to the promulgation of right-to-kill bills, I was simultaneously horrified and fascinated by the extent of ALEC’s infestation of American policy decisions. ALEC is a menage a trois of wealthy corporations, conservative think tanks and right-wing state legislators that, over the past four decades, has birthed a political machine plowing through state legislatures. All across America, statehouses are passing ALEC model bills to maximize corporate profits and domination at the expense of most people. As Wall Street Journal columnist and Club for Growth founder Stephen Moore summed up: “What we really need is more rich people.” ALEC’s primary purpose is to develop model bills on “free market” topics that legislative members advance in their states. State legislators, big corporations and conservative think tank members form task forces in eight different issue areas to develop and adopt model bills that benefit corporate America. Many corporations, including ExxonMobil and Reynolds American, cough up money in exchange for task force membership. That corporate cash greases ALEC’s wheels and provides “scholarships” for state legislators, who are wined and dined at ALEC corporate-sponsored receptions. Conservative think tanks provide the data and research, while state legislators are the foot soldiers, marching to a corporate drum to advance policies that maximize corporate profits. And after 40 years, ALEC is a well-oiled, effective machine. In the area of tort reform, 200 ALECinspired model bills have already limited corporate responsibility to injured people. In a workshop entitled “A Sensible Lawsuit System,” legislators were admonished to “take back” their power from the courts by limiting judicial power, stalling asbestos litigation until injured parties die and shielding corporations from liability for defective products. Privatizing education is also a top ALEC priority. According to the Center for Media and Democracy, in 2013, there were 139 ALEC bills to fund private and religious schools with taxpayer money introduced throughout the nation. At the Education Task Force meeting, Scott Jensen, a pro-voucher lobbyist for the American Federation for Children and former Wisconsin Assembly speaker, boasted

ALEC is a menage a trois of wealthy corporations, conservative think tanks and right-wing state legislators that, over the past four decades, has birthed a political machine plowing through state legislatures. All across America, statehouses are passing ALEC model bills to maximize corporate profits and domination at the expense of most people.

that with 20 states now funding some form of private school K-12 vouchers, the question is when states will adopt private voucher schemes, not if. One of the most scathing ALEC attacks was leveled at public colleges and universities. Richard Vedder, an ALEC presenter, professor and fellow of several conservative think tanks, chided legislators for “overinvesting” in public education and “overeducating” students, who engage in a “hedonistic” lifestyle. Tom Lindsay from the Texas Public Policy Foundation declared that public universities are simply “unreformable from within.” The ALEC tactic therefore is to make the public angry by “humiliating and shaming” public universities through a newly adopted suite of model bills requiring academic testing of graduates and “transparency” measures to reveal alleged grade inﬂation, loan debt and starting salaries by majors. With Wisconsin Rep. Stephen Nass poised to become the new chair of ALEC’s Education Task Force, we may soon see some of these policies in our state. But ALEC members recoil when the transparency light is directed at them. The biggest ALEC outrage of the conference was U.S. Sen. Dick Durbin’s letter to some corporate ALEC members regarding their

knowledge and participation in crafting shoot-tokill policies such as Wisconsin’s “castle doctrine” and Florida’s “stand your ground” laws, which drew lots of national attention earlier this year when George Zimmerman was being tried for killing Trayvon Martin. Transparency when applied to them is what ALEC members like least of all. Right at home, state Sen. Leah Vukmir, the treasurer of ALEC, is refusing to comply with an open records request regarding her communications with ALEC from her legislative office. Attorney General J.B. Van Hollen is now complicit in shielding ALEC from public view in his mind-boggling argument that legislators are immune from complying with the open records law and, by extension, virtually all civil laws. The more the public learns about ALEC, the more endangered ALEC and its corporate agenda become. ALEC has another Achilles’ heel. An ALEC think tank member solicited my opinion on a convoluted constitutional amendment strategy to require congressional approval of federal regulations. I replied that I didn’t think this issue would inspire the American people to amend the U.S. Constitution. He stated with Republican domination in so many states, and corporate money that would surely flow, the consent of the people is not needed. In ALEC nation, people are irrelevant and democracy a burden, which is exactly what ALEC model bills reflect. ALEC can be defeated. But it is going to take establishing a progressive infrastructure and a proactive progressive agenda so that when we have the opportunity, in Wisconsin and in states throughout the nation, we will be ready to pass policies that are relevant and beneficial to people’s lives.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Reedsburg Times-Press

Vukmir wrong on records law Oct 02

2013 Page A05

Clip resized 61%

tate Sen. Leah Vukmir, R-Wauwatosa, is making a novel legal argument to dodge a public records request. It’s one that, carried to its logical extreme, could neuter Wisconsin’s Open Records Law. Vukmir is claiming legislative immunity from a June lawsuit filed by the liberal Center for Media and Democracy, which has alleged that she failed to turn over records related to the American Legislative Exchange Council. The council, a lightning rod for liberals, works with conservative state legislators around the country to write model legislation. In a motion filed by state Attorney General J.B. Van Hollen’s office, Vukmir claims she can’t be sued while the Legislature is in session. If her argument prevails, lawmakers could no longer be compelled to comply with open records requests. Here’s why: Legislators recently have defined their “sessions” as beginning on the day they are sworn in and lasting until the next time they are sworn in. That would make Vukmir immune from lawsuit for the entire time she remains in office, which could be for many years. In a statement, Vukmir writes that she has complied with the center’s open records request “and will continue to comply with all future requests for records, including two recent requests by CMD.” But when will she comply? And why does she believe she deserves such broad immunity? The senator ought to answer those questions. In the past, the state has argued that the constitution provides immunity from civil proceedings only during floor sessions, said Madison attorney Susan Crawford, a former assistant attorney general. That was the state’s position during the legislative caucus scandal a decade ago, she said. Crawford notes that the attorney general is the state officer charged with enforcing the Open Records Law and now is arguing, essentially, that the law cannot be enforced against legislators. No court could hold them accountable, as long as they are in office. In the past, lawmakers on both sides of the aisle have been sued under the Open Records Law. Those legislators either acknowledged the violation and turned over the

DAVID D. HAYNES GUEST COLUMNIST

documents or fought it out in court. The constitutional provision, and similar ones in other state constitutions, can be traced to English common law, which aimed to prevent political foes from suing their rivals as a ploy to remove them from the floor during sessions of Parliament. Legislative immunity, then, was created to protect the democratic process – not to protect the politicians. Vukmir’s tactic turns a very reasonable idea on its head. This should not be a partisan issue: Everyone benefits from transparency in government. Rick Esenberg, a Milwaukee lawyer and blogger often allied with Republicans, recently told the Milwaukee Journal Sentinel that the Vukmir/ Van Hollen motion “would seem to extend the scope of the exemption provision well beyond its original meaning.” And this broad interpretation might also lead to claims of immunity in other kinds of civil lawsuits. Some legislators serve for decades. Could they sidestep any civil claim while in office? Van Hollen’s actions are a disappointment. He has been a strong supporter of open government in the past. When state Sen. Jon Erpenbach, D-Middleton, was sued by the conservative MacIver Institute over emails the senator received during the collective bargaining battle in 2011, Van Hollen declined to take the case. He should have done the same this time. As for Vukmir, she says she has “always believed in transparency in government.” She can demonstrate it by dropping her claim. She and Van Hollen may hope to cloak themselves in the state constitution, but in this instance it looks like a very poor fit. Your Right to Know is a monthly column distributed by the Wisconsin Freedom of Information Council (www.wisfoic.org), a nonprofit group dedicated to open government. David D. Haynes is editorial page editor of the Milwaukee Journal Sentinel.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Madison, The Cap Times

Oct 02 2013 Page O33 Clip at 100%

the Dane County prosecutorial system. I responded that I was very aware of the extreme racial disparities. I was summarily thrown out of the jury pool. From prosecutor to judge, the individuals we elected to deliver justice have instead brought shame upon us, the people of Dane County. Michael D. Barrett, Madison

Look for yourself — ALEC is a cancer on country Dear Editor: Yet another assault on the people’s right to know has been launched — this time by none other than our own attorney general, J.B. Van Hollen. His brazen, unfettered defense of state Sen. Leah Vukmir’s refusal to release records related to her association with the American Legislative Exchange Council ought to raise red ﬂags on both sides of the political spectrum. For anyone who hasn’t yet ﬁgured out the activities of this evil acronym, ALEC, do yourself a favor and research the group if you care about democracy. A quick online search and a little investigation are sure to nauseate and disgust even the most conservative mind. Some of the “laws” passed by

our Wisconsin Legislature and defended by our Van Hollen are nothing more than “ﬁll-in-theblank” templates of legislation, peddled by members or alumni of ALEC and sold as their own. They’re all part of a malignancy that has infected these United States. Vukmir’s refusal to release these records and Van Hollen’s refusal to defend our state’s open records laws are testimonials to the decay in the democracy we once prided ourselves on as a state and as a nation. Dawn Fish, Windsor

Trapping animals for sport is heartless Dear Editor: I have to respond to the letter writer who feels that animals are here for our pleasure to be killed and trapped because they do not have a soul. Animals may not have a soul but they do have a nervous system like humans and they do feel pain and agony. Therefore, never torture an animal for pleasure because it feels the pain as you do. I am not a hunter but if hunting is done for food and survival, I will accept this. But for sport — trapping for sport? Shame on you. You are a cruel and heartless

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Woodville Leader

Oct 02

2013 Page 007 Clip at 100%

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Appleton, Post-Crescent

Oct 03

2013 Page A002

Clip resized 89%

has reached a deal with Michigan prosecutors to a case that accuses him of spitting into a police officer’s sandwich. Dalton Ursulean of Niagara, Wis., pleaded no contest Tuesday in Dickinson County District Court to placing harmful objects in food. In exchange, prosecutors agreed to mitigate his status as a habitual offender. A no contest plea isn’t an admission of guilt but allows for conviction and sentencing. On Aug. 25, authorities say Ursulean spit in a sandwich ordered by an officer from the Oscar Johnson VA Medical Center in Iron Mountain. The Daily News reports that Assistant Prosecutor Carl Downing says it’s likely Ursulean’s recommended sentence will be about a year in jail followed by about a year’s probation. Sentencing is Nov. 5.

mune from a lawsuit demanding records from her office. The Center for Media and Democracy has filed a lawsuit demanding Leah Vukmir turn over records from an American Legislative Exchange Council conference. The state Justice Department has countered the Wisconsin Constitution provides lawmakers immunity from civil lawsuits during the legislative session. CMD filed a brief with Dane County Circuit Judge Ellen Berz on Monday arguing again that under DOJ’s interpretation no one could sue a sitting lawmaker since the Legislature is in session year round. Recent legislative sessions have run continuously, with one session beginning the same day the last session ends.

DNR crews continue to work wildfire

MADISON — Gov. Scott Walker still isn’t sold on raw milk. Walker spoke about his reservations Wednesday when asked about the issue at the World Dairy Expo in Madison. A bill to legalize on-farm raw milk sales in Wisconsin has been introduced in the Legislature and has bipartisan support. Walker says he will look at the proposal, but he wants to make certain that any consideration revolves around protecting Wisconsin’s $2.6 billion dairy industry. Walker says the effects of legalizing raw milk must be looked at both from the impact on the farm industry and public health concerns. Supporters of legalizing raw milk sales say it has health benefits and is safe, but opponents say not pasteurizing milk needlessly puts people’s health at risk and jeopardizes Wisconsin’s dairy industry.

GRANTSBURG — Department of Natural Resources crews continued to secure fire lines and put out any hot spots after a planned fire unexpectedly spread in Burnett County. Crews contained the fire near Grantsburg on Tuesday afternoon, but not before it consumed 600 acres beyond a planned burn area of about 500 acres. DNR crews worked the lines and hot spots Wednesday. The prescribed burns are routinely used to manage marsh and grasslands for wildlife habitat. No structures were damaged and no one was hurt.

Judge urged to reject records claim MADISON — An investigative group has asked a judge to reject a Republican state senator’s arguments that’s she’s im-

Walker has concerns about raw milk

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Larry Gallup, Editor/Opinion 920-993-1000, ext. 375 email: lgallup@postcrescent.com Copy Reduced to %d%% from original to fit letter page

NATION/WORLD B3 Appleton, Post-Crescent 10/05/2013

Saturday, October 5, 2013

COMMENTARY

Senator wrong on view of public records law By David D. Haynes For the Wisconsin Freedom of Information Council

tate Sen. Leah Vukmir, R-Wauwatosa, is making a novel legal argument to dodge a public records request. It’s one

that, carried to its logical extreme, could neuter Wisconsin’s Public Records Law. Vukmir is claiming legislative immunity from a June lawsuit filed by the liberal Center for Media and Democracy, which has

alleged that she failed to turn over records related to the American Legislative Exchange Council. ALEC, a lightning rod for liberals, works with conservative state legislators around the country to write model legislation.

In a motion filed by state Attorney General J.B. Van Hollen’s office, Vukmir claims she can’t be sued while the Legislature is in session. If her argument prevails, lawmakers could See HAYNES, Page B2

THE POST-CRESCENT’S OPINION

Thumbs Up and Down

A woman takes a picture of the World War II Memorial from outside the site on Tuesday. GETTY IMAGES

o state legislation that can help the often-difficult task of collecting childsupport payments. Rep. Jim Steineke, R-Vandenbroek, and Rep. Scott Krug, R-Rome, will be introducing a bill that would require delinquent child-support or spousalsupport payments to be prioritized over other payments owed to the

some common sense to realize that there’s no reason to restrict visitors to the World War II Memorial or any of the other easily accessible memorials on or around the National Mall. It just looked silly.

o Gov. Scott Walker and the Wisconsin Manufacturers & Commerce, for making misleading

numbers to determine economic growth. We hope the bank’s statements will temper Walker’s claims in the future.

o a bill on the fast track in the state Legislature that hinders campaign finance transparency. October 11, 2013The 2:48bill, pm authored / by state Sen. Glenn Groth-

Appleton, Post-Crescent

Haynes

Continued from Page B1

Oct 05

2013 Page B002

Clip resized 87% From B001 3

no longer be compelled to comply with open records requests. Here’s why: Legislators recently have defined their “sessions” as beginning on the day they are sworn in and lasting until the next time they are sworn in. That would make Vukmir immune from lawsuit for the entire time she remains in office, which could be for many years. In a statement, Vukmir writes that she has complied with CMD’s open records request “and will continue to comply with all future requests for records, including two recent requests by CMD.” But when will she comply? And why does she believe she deserves such broad immunity? The senator ought to answer those questions. In the past, the state has argued that the constitution provides immunity from civil proceedings only during floor sessions, says Madison attorney Susan Crawford, a former assistant attorney general. That was the state’s position during the legislative caucus scandal a decade ago, she said. Crawford notes that the attorney general is the state officer charged with enforcing the Public Records Law and now is arguing, essentially, that the law cannot be enforced against legislators. No court could hold them accountable, as long as they are in office. In the past, lawmakers on both sides of the aisle have been sued under the Public Records Law. Those legislators either acknowledged the violation and turned over the documents or fought it out in court. The constitutional provision, and similar ones in other state constitutions, can be traced to

2 3 English common law, which aimed to prevent political foes from suing their rivals as a ploy to remove them from the floor during sessions of Parliament. Legislative immunity, then, was created to protect the democratic process — not to protect the politicians. Vukmir’s tactic turns a very reasonable idea on its head. This should not be a partisan issue: Everyone benefits from transparency in government. Rick Esenberg, a Milwaukee lawyer and blogger often allied with Republicans, recently told the Milwaukee Journal Sentinel that the Vukmir/Van Hollen motion “would seem to extend the scope of the exemption provision well beyond its original meaning.” And this broad interpretation might also lead to claims of immunity in other kinds of civil lawsuits. Some legisla-

4 tors serve for decades. Could they sidestep any civil claim while in office? Van Hollen’s actions are a disappointment. He has been a strong supporter of open government in the past. When state Sen. Jon Erpenbach, D-Middleton, was sued by the conservative MacIver Institute over emails the senator received during the collective bargaining battle in 2011, Van Hollen declined to take the case. He should have done the same this time. As for Vukmir, she says she has “always believed in transparency in government.” She can demonstrate it by dropping her claim. She and Van Hollen may hope to cloak themselves in the state constitution, but in this instance, it looks like a very poor fit. — David D. Haynes is editorial page editor of the Milwaukee Journal Sentinel

C & K Services, Inc. SINCE 1978

Serving the Fox Valley Area

PREVENT WINTER LEAKS & SAVE ENERGY!

ROOFING GUTTERS

Get your new ROOF and/or WINDOWS replaced before the snow ﬂies!

DECKS WINDOWS SIDING

Don’t de lay Call C& ... K!

DOORS

We also do repairs.

Have one of our experienced technicians come out and give you a free estimate on ALL your Home Improvement needs... inside AND out.

920-602-7367

FREE

ESTIMATES

800-894-6557

www.ckservicesinc.com

Your Home Deserves The Best!

FULLY INSURED • FINANCING AVAILABLE

WI-5001711661

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Fort Atkinson, Daily Jefferson County Union

Oct 03 2013 Page 0007 Clip at 100%

Group: Judge must reject records argument

MADISON — An investigative group has asked a judge to reject a Republican state senator’s arguments that’s she’s immune from a lawsuit demanding records from her office. The Center for Media and Democracy has filed a lawsuit demanding Leah Vukmir turn over records from an American Legislative Exchange Council conference. The state Justice Department has countered the Wisconsin Constitution provides lawmakers immunity from civil lawsuits during the legislative session. CMD filed a brief with Dane County Circuit Judge Ellen Berz on Monday arguing again that under DOJ’s interpretation no one could sue a sitting lawmaker since the Legislature is in session year round. Recent legislative sessions have run continuously, with one session beginning the same day the last session ends.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Oct 2013 Page 03 A002

OPINION

Clip at 100%

Lake Mills Leader

Republican Double Standard Dangerous 1

FIRES

Most of us believe that, even if you help to make laws, you are not above the law. And yet, it seems as though State Senator Leah Vukmir (RWauwatosa) and Republican Attorney General J.B. Van Hollen believe there is some kind of a double standard. That would be exceedingly convenient for Sen. Vukmir, who is currently being sued by the Center for Media and Democracy, which alleges she failed to turn over public records from an American Legislative Exchange Conference. That conference – more commonly referred to in political circles as ALEC – often drafts legislation and encourages members to introduce the proposals in their home states. In essence, ALEC takes the work – and thought – out of

lawmaking, and in exchange, drives conservative agendas all across the country. Republicancontrolled legislatures have very similar bills, and ALEC is a big reason for that. If Sen. Vukmir used ALEC drafts as the basis for some of her legislative proposals, it might be embarrassing for her to reveal. But, it’s not illegal. Last time I checked, withholding public records was. The point of Wisconsin’s public records law is to provide citizens with a measure of transparency in their government’s operations. The hope of this law is that people will educate themselves on their elected officials’ activities, and that legislators will keep to the highest ethical standards. It’s always been crystal clear to me: if someone requests specific files in your office, you

must provide access to them in a timely fashion. Sen. Vukmir sees things differently. Instead of just fulfilling the Center for Media and Democracy’s request, Vukmir is invoking a little-used statutory provision that safeguards legislators from civil lawsuits while the Legislature is in session. Those two words, “in session” are the key: Vukmir contends they mean the entirety of her legislative career, instead of days reserved for debate and votes on the Senate floor. And, Attorney General Van Hollen’s defense of this flimsy argument shows his true colors: that not of a top cop, but a polit-

ical player. While he refused to aid Democratic Senator Jon Erpenbach (D-Middleton) in a lawsuit over the legislator’s redaction of constituent names in emails, he’s now rushing to Sen. Vukmir’s side. Even more disturbing is this: if Vukmir and Van Hollen prevail, public records “law” would be an option, rather than a requirement for legislators. The transparency in government would be gone. That hope – of a truly educated electorate and ethical elected officials – could be dashed. And that – that is dangerous for our democracy.

REPORT TO THE 11TH S D

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Oct 2013 Page 03 A15

Clip resized 91%

Beaver Dam, Daily Citizen 1

Vukmir wrong on records law S

DAVID HAYNES

YOUR RIGHT TO KNOW that she has complied with CMD’s open records request “and will continue to comply with all future requests for records, including two recent requests by CMD.” But when will she comply? And why does she believe she deserves such broad immunity? The senator ought to answer those questions. In the past, the state has argued that the constitution provides immunity from civil proceedings only during floor sessions, says Madison attorney Susan Crawford, a former assistant attorney general. That was the state’s position during the legislative caucus scandal a decade ago, she said. Crawford notes that the attorney general is the state officer charged with enforcing

the Open Records Law and now is arguing, essentially, that the law cannot be enforced against legislators. No court could hold them accountable, as long as they are in office. In the past, lawmakers on both sides of the aisle have been sued under the Open Records Law. Those legislators either acknowledged the violation and turned over the documents or fought it out in court. The constitutional provision, and similar ones in other state constitutions, can be traced to English common law, which aimed to prevent political foes from suing their rivals as a ploy to remove them from the floor during sessions of Parliament. Legislative immunity, then, was created to protect the democratic process – not to protect the politicians. Vukmir’s tactic turns a very reasonable idea on its head. This should not be a partisan issue: Everyone benefits from transparency in government. Rick Esenberg, a Milwaukee lawyer and blogger often allied with Republicans, recently told the Milwaukee Journal Sentinel that the Vukmir/Van Hollen motion “would seem to extend the scope of the exemption provision well beyond its

original meaning.” And this broad interpretation of immunity might also lead to claims in other kinds of civil lawsuits. Some legislators serve for decades. Would they have to respond to any civil claim while in office? Van Hollen’s actions are a disappointment. He has been a strong supporter of open government in the past. When state Sen. Jon Erpenbach, D-Middleton, was sued by the conservative MacIver Institute over emails the senator received during the collective bargaining battle in 2011, Van Hollen declined to take the case. He should have done the same this time. As for Vukmir, she says she has “always believed in transparency in government.” She can demonstrate it by dropping her claim. She and Van Hollen may hope to cloak themselves in the state constitution, but in this instance it looks like a very poor fit. Your Right to Know is a monthly column distributed by the Wisconsin Freedom of Information Council (www.wisfoic. org), a nonprofit group dedicated to open government. David D. Haynes is editorial page editor of the Milwaukee Journal Sentinel.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Marshfield News-Herald

STATE NOTES

Oct 03 2013

Group urges denial of argument 1

Page A02 Clip at 100% 2

Bill would rework hunting grant rules MADISON — Democratic lawmakers have introduced a bill that would re-

work the rules for awarding a contentious $500,000 hunting grant. The measure would specify applicants must be nonprofit organizations that educate and recruit hunters, anglers and trappers. Winners would get a maximum $100,000 and have to submit spending reports. The bill comes after word broke that a GOP state budget provision funneled the grant to the politically connected United Sportsmen of Wisconsin Foundation. Gov. Scott Walker rescinded the grant last month. Democrats said at a news conference Wednesday the bill would inject transparency into the grant process.

Shutdown could affect pantry food MILWAUKEE — The federal government’s partial shutdown could eventually cut into supplies at food pantries. Hunger Task Force director Sherrie Tussler, in Milwaukee, says the commodity food the pantry usually receives from the federal government could be in jeopardy if the shutdown continues. — Associated Press

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Portage Daily Register

Oct 03 2013

Page A05 Clip resized 94%

Vukmir wrong on records law S tate Sen. Leah Vukmir, R-Wauwatosa, is making a novel legal argument to dodge a public records request. It’s one that, carried to its logical extreme, could neuter Wisconsin’s Open Records Law. Vukmir is claiming legislative immunity from a June lawsuit filed by the liberal Center for Media and Democracy, which has alleged that she failed to turn over records related to the American Legislative Exchange Council. ALEC, a lightning rod for liberals, works with conservative state legislators around the country to write model legislation. In a motion filed by state Attorney General J.B. Van Hollen’s office, Vukmir claims she can’t be sued while the Legislature is in session. If her argument prevails, lawmakers could no longer be compelled to comply with open records requests. Here’s why: Legislators recently have defined their “sessions” as beginning on the day they are sworn in and lasting until the next time they are sworn in. That would make Vukmir immune from lawsuit for the entire time she remains in office, which could be for many years. In a statement, Vukmir

DAVID D. HAYNES YOUR RIGHT TO KNOW

writes that she has complied with CMD’s open records request “and will continue to comply with all future requests for records, including two recent requests by CMD.” But when will she comply? And why does she believe she deserves such broad immunity? The senator ought to answer those questions. In the past, the state has argued that the Constitution provides immunity from civil proceedings only during floor sessions, says Madison attorney Susan Crawford, a former assistant attorney general. That was the state’s position during the legislative caucus scandal a decade ago, she said. Crawford notes that the attorney general is the state officer charged with enforcing the Open Records Law and now is arguing, essentially,

that the law cannot be enforced against legislators. No court could hold them accountable, as long as they are in office. In the past, lawmakers on both sides of the aisle have been sued under the Open Records Law. Those legislators either acknowledged the violation and turned over the documents or fought it out in court. The constitutional provision, and similar ones in other state constitutions, can be traced to English common law, which aimed to prevent political foes from suing their rivals as a ploy to remove them from the floor during sessions of Parliament. Legislative immunity, then, was created to protect the democratic process — not to protect the politicians. Vukmir’s tactic turns a very reasonable idea on its head. This should not be a partisan issue: Everyone benefits from transparency in government. Rick Esenberg, a Milwaukee lawyer and blogger often allied with Republicans, recently told the Milwaukee Journal Sentinel that the Vukmir/Van Hollen motion “would seem to extend the scope of the exemption provision well beyond its original meaning.”

And this broad interpretation might also lead to claims of immunity in other kinds of civil lawsuits. Some legislators serve for decades. Could they sidestep any civil claim while in office? Van Hollen’s actions are a disappointment. He has been a strong supporter of open government in the past. When state Sen. Jon Erpenbach, D-Middleton, was sued by the conservative MacIver Institute over emails the senator received during the collective bargaining battle in 2011, Van Hollen declined to take the case. He should have done the same this time. As for Vukmir, she says she has “always believed in transparency in government.” She can demonstrate it by dropping her claim. She and Van Hollen may hope to cloak themselves in the state constitution, but in this instance it looks like a very poor fit. Your Right to Know is a monthly column distributed by the Wisconsin Freedom of Information Council (www.wisfoic. org), a nonprofit group dedicated to open government. David D. Haynes is editorial page editor of the Milwaukee Journal Sentinel.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Marinette, EagleHerald

Oct 03 1

2013

IN THE NEWS

Page A002 Clip at 100%

WISCONSIN ■ MADISON — An investigative group has asked a judge to reject a Republican state senator’s arguments that’s she’s immune from a lawsuit demanding records from her office. The Center for Media and Democracy has filed a lawsuit demanding Leah Vukmir turn over records from an American Legislative Exchange Council conference. The state Justice Department has countered the Wisconsin Constitution provides lawmakers immunity from civil lawsuits during the legislative session. CMD filed a brief with Dane County Circuit Judge Ellen Berz on Monday arguing again DOJ’s interpretation no one could ever sue a sitting lawmaker since the Legislature is in session year round. Recent legislative session have run continuously from the day lawmakers are sworn in until the next the next class takes the oath two years later, when the next session starts. MICHIGAN

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Oct 2013 Page 03 A007

Clip resized 88%

Racine, The Journal Times

Vukmir, Van Hollen wrong on Open Records Law DAVID D. HAYNES

while the Legislature is in session. If her argument State Sen. Leah Vukmir, prevails, lawmakers could R-Wauwatosa, is making no longer be compelled to a novel legal argument to comply with open records dodge a public records requests. Here’s why: request. It’s one that, Legislators recently have carried to its logical defined their extreme, could “sessions” as neuter Wisconsin’s beginning on 2 Open Records Law. the day they are Vukmir is claiming sworn in and legislative immunity lasting until from a June lawsuit the next time filed by the liberal they are sworn Center for Media and in. That would Democracy, which make Vukmir 3 has alleged that she immune from Haynes failed to turn over lawsuit for the records related to the entire time she American Legislative remains in office, which Exchange Council. ALEC, could be for many years. a lightning rod for liberals, In a statement, Vukmir works with conservative writes that she has state legislators around complied with CMD’s 4 the country to write open records request “and will continue to comply model legislation. In a motion filed by state with all future requests for records, including two Attorney General J.B. Van recent requests by CMD.” Hollen’s office, Vukmir But when will she claims she can’t be sued 1

YOUR RIGHT TO KNOW comply? And why does she believe she deserves such broad immunity? The senator ought to answer those questions. In the past, the state has argued that the constitution provides immunity from civil proceedings only during ﬂoor sessions, says Madison attorney Susan Crawford, a former assistant attorney general. That was the state’s position during the legislative caucus scandal a decade ago, she said. Crawford notes that the attorney general is the state officer charged with enforcing the Open Records Law and now is arguing, essentially, that the law cannot be enforced against legislators. No court could hold them accountable as

long as they are in office. In the past, lawmakers on both sides of the aisle have been sued under the Open Records Law. Those legislators either acknowledged the violation and turned over the documents or fought it out in court. The constitutional provision, and similar ones in other state constitutions, can be traced to English common law, which aimed to prevent political foes from suing their rivals as a ploy to remove them from the ﬂoor during sessions of Parliament. Legislative immunity, then, was created to protect the democratic process — not to protect the politicians. Vukmir’s tactic turns a very reasonable idea on its head.

This should not be a partisan issue: Everyone beneﬁts from transparency in government. Rick Esenberg, a Milwaukee lawyer and blogger often allied with Republicans, recently told the Milwaukee Journal Sentinel that the Vukmir/Van Hollen motion “would seem to extend the scope of the exemption provision well beyond its original meaning.” And this broad interpretation might also lead to claims of immunity in other kinds of civil lawsuits. Some legislators serve for decades. Could they sidestep any civil claim while in office? Van Hollen’s actions are a disappointment. He has been a strong supporter of open government in the past. When state Sen. Jon

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Erpenbach, D-Middleton, was sued by the conservative MacIver Institute over emails the senator received during the collective bargaining battle in 2011, Van Hollen declined to take the case. He should have done the same this time. As for Vukmir, she says she has “always believed in transparency in government.” She can demonstrate it by dropping her claim. She and Van Hollen may hope to cloak themselves in the state constitution, but in this instance it looks like a very poor ﬁt. Your Right to Know is a monthly column distributed by the Wisconsin Freedom of Information Council (www. wisfoic.org), a nonprofit group dedicated to open government. David D. Haynes is editorial page editor of the Milwaukee Journal Sentinel.

Racine, The Journal Times

Oct 03 1

2013 Page B003 Clip at 100%

milk sales in Wisconsin has been introduced in the Legislature and has bipartisan support. Walker says he will look at the proposal, but he wants to make certain that any consideration revolves around protecting Wisconsin’s $2.6 billion dairy industry. Walker says the effects of legalizing raw milk must be looked at both from the impact on the farm industry and public health concerns. Supporters of legalizing raw milk sales say it has health beneﬁts and is safe, but opponents say not pasteurizing milk needlessly puts people’s health at risk and jeopardizes Wisconsin’s dairy industry. ■ MADISON

Group urges Wis. judge to reject records argument

y 5

An investigative group has asked a judge to reject a Republican state senator’s arguments that’s she’s immune from a lawsuit demanding records from her office. The Center for Media and Democracy has ﬁled a lawsuit demanding Leah Vukmir turn over records from an American Legislative Exchange Council conference. The state Justice Department has countered the Wisconsin Constitution provides lawmakers immunity from civil lawsuits during the legislative session. CMD ﬁled a brief with Dane County Circuit Judge Ellen Berz on Monday arguing again DOJ’s

interpretation no one could ever sue a sitting lawmaker since the Legislature is in session year-round. Recent legislative session have run continuously from the day lawmakers are sworn in until the next the next class takes the oath two years later, when the next session starts. ■ MILWAUKEE

Woman sentenced for striking, killing disabled man A Milwaukee-area woman who admitted striking and killing a developmentally disabled man with her SUV last October will spend a year in the House of Correction. Thirty-one-year-old Josephine Sardina of Greendale was charged with homicide by intoxicated use of a vehicle and could have faced a maximum penalty of 25 years in prison, a ﬁne of $100,000 or both. But she agreed to plead guilty to homicide by negligent operation of a vehicle. Prosecutors say Sardina was reading a text message at about the moment she hit 54-yearold David Budge. She also had marijuana in her system. Sardina will be on probation for four years after serving her jail term. She also was sentenced Wednesday to 500 hours of community service. According to published reports, Sardina apologized at the hearing. Associated Press

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Stevens Point Journal

Oct 03

Group urges denial of argument

2013 Page A02 Clip at 100%

MADISON — An investigative group has asked a judge to reject a Republican state senator’s arguments that’s she’s immune from a lawsuit demanding records from her office. The Center for Media and Democracy has filed a lawsuit demanding Leah Vukmir turn over records from an American Legislative Exchange Council conference. The state Justice Department has countered the Wisconsin Constitution provides lawmakers immunity from civil lawsuits during the legislative session. CMD filed a brief with Dane County Circuit JudgeEllenBerzonMonday arguing again that under DOJ’s interpretation no one could sue a sitting lawmaker since the Legislature is in session year round. Recent legislative sessions have run continuously, with one session beginning the same day the last session ends.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Janesville, The Gazette

Oct 03 2013 Page A002 Clip at 100%

1 2 3 bill. bill extension. Congress is still working on a new farm

Group: Reject open records argument MADISON—An investigative group has asked a judge to reject a Republican state senator’s arguments that’s she’s immune from a lawsuit demanding records from her office. The Center for Media and Democracy has filed a lawsuit 1 demanding Leah Vukmir turn over records from an American Legislative Exchange Council conference. The state Justice Department has countered the Wisconsin Constitution provides lawmakers immunity from civil lawsuits during the legislative session. CMD filed a brief with Dane County Circuit Judge Ellen Berz on Monday arguing again that under DOJ’s interpreta2 tion no one could sue a sitting lawmaker since the Legislature is in session year round.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Oshkosh Northwestern

Oct 03 1

2013

BRIEFS

Page A03 Clip at 100%

Group urges judge to reject argument 1

MADISON (AP) — An investigative group has asked a judge to reject a Republican state senator’s arguments that’s she’s immune from a lawsuit demanding records from her office. The Center for Media and Democracy has filed a lawsuit demanding Leah Vukmir turn over records from an American Legislative Exchange Council conference. The state Justice Department has countered the Wisconsin Constitution provides lawmakers immunity from civil lawsuits during the legislative session. CMD filed a brief with Dane County Circuit Judge Ellen Berz on Monday arguing again DOJ’s interpretation no one could ever sue a sitting lawmaker since the Legislature is in session year round.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Waukesha, The Freeman

Oct 03 2013 Page A08 Clip at 100%

STATE NEWS point. Those checks could be the last ones farmers receive from the program, which ended Sept. 30 with the expiration of a farm bill extension. Congress is still working on a new farm bill.

suit demanding Vukmir turn over records from an American Legislative Exchange Council conferMADISON (AP) – The 1 biggest impact Wisconsin ence. The state Department of Justice has countered farmers could experience the Wisconsin Constitution from the government shutprovides lawmakers immudown could be delays in fednity from civil lawsuits dureral payments that typically Group urges judge to ing the legislative session. arrive in October. CMD filed a brief with That’s according to Wisreject Vukmir's records Dane County Circuit Judge 2 consin Agriculture Secreargument Ellen Berz on Monday argutary Ben Brancel, who ing again that under the spoke Wednesday at the MADISON (AP) – An DOJ’s interpretation, no World Dairy Expo in Madiinvestigative group has one could sue a sitting lawson. asked a judge to reject the maker since the Legislature Brancel said the delays arguments of state Sen. could include any checks Leah Vukmir, R-Wauwatosa, is in session year-round. Recent legislative sessions dairy farmers might be that’s she’s immune from a 3 have run continuously, with owed by the federal milk lawsuit demanding records one session beginning the income loss program, which from her office. pays farmers when milk The Center for Media and same day the last session ends. prices fall below a certain Democracy has filed a law-

Shutdown likely to delay payments to farmers

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Madison, Wisconsin State Journal

Oct 03 2013 Page A04 Clip at 100%

Group asks judge to reject lawmaker’s immunity claim MADISON — An investigative group has asked a judge to reject a Republican state 1 senator’s arguments that she’s immune from a lawsuit demanding records from her office. The Center for Media and Democracy has ﬁled a lawsuit demanding Leah Vukmir turn over records from an American Legislative Exchange Council conference. The 2 state Justice Department has countered the Wisconsin Constitution provides lawmakers immunity from civil lawsuits during the legislative session. CMD ﬁled a brief with Dane County Circuit Judge Ellen Berz on Monday arguing against the DOJ’s interpretation that no one 3 could ever sue a sitting lawmaker because the Legislature is in session year round. Recent legislative sessions have run continuously from the day lawmakers are sworn in until the next class takes the oath two years later, when the next session starts.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Madison, Wisconsin State Journal

1 YOUR RIGHT TO KNOW

Vukmir wrong on records law Oct 03

2013 Page A11

Clip resized 64%

DAVID D. HAYNES

tate Sen. Leah Vukmir, R-Wauwatosa, is making a novel legal argument to dodge a public records request. It’s one that, carried to its logical extreme, could neuter Wisconsin’s open records law. Vukmir is claiming legislative immunity from a June lawsuit filed by the liberal Center for Media and Democracy, which has alleged she failed to turn over records related to the American Legislative Exchange Council. ALEC, a lightning rod for liberals, works with conservative state legislators around the country to David D. write model legislation. Haynes In a motion filed by state Attorney General J.B. Van Hollen’s office, Vukmir claims she can’t be sued while the Legislature is in session. If her argument prevails, lawmakers could no longer be compelled to comply with open records requests. Here’s why: Legislators recently have defined their “sessions” as beginning on the day they are sworn in and lasting until the next time they are sworn in. That would make Vukmir immune from lawsuit for the entire time she remains in office, which could be for many years. In a statement, Vukmir writes that she has complied with CMD’s open records request “and will continue to comply with all future requests for records, including two recent requests by CMD.” But when will she comply? And why does she believe she deserves such broad immunity? The senator ought to answer those questions. In the past, the state has argued that the constitution provides immunity from civil proceedings only during floor sessions, says Madison attorney Susan Crawford, a former assistant attorney general. That was the state’s position during the legislative caucus scandal a decade ago, she said. Crawford notes the attorney general is the state officer charged with enforcing the open records law and now is arguing, essentially, that the law cannot be enforced against legislators. No court could hold them accountable, as long as they are in office. In the past, lawmakers on both sides of the aisle have been sued under the open records law. Those legislators either acknowledged the violation and turned over the documents or fought it out in court. The constitutional provision, and similar ones in other state constitutions, can be traced to English common law, which aimed to prevent political foes from suing their rivals as a ploy to remove them from the floor during sessions of Parliament. Legislative immunity, then, was created to protect the democratic process — not to protect the politicians. Vukmir’s tactic turns a very reasonable idea on its head. This should not be a partisan issue: Everyone benefits from transparency in government. Rick Esenberg, a Milwaukee lawyer and blogger often allied with Republicans, recently told the Milwaukee Journal Sentinel the Vukmir/Van Hollen motion “would seem to extend the scope of the exemption provision well beyond its original meaning.” And this broad interpretation might also lead to claims of immunity in other kinds of civil lawsuits. Some legislators serve for decades. Could they sidestep any civil claim while in office? Van Hollen’s actions are a disappointment. He has been a strong supporter of open government in the past. When state Sen. Jon Erpenbach, D-Middleton, was sued by the conservative MacIver Institute over emails the senator received during the collective bargaining battle in 2011, Van Hollen declined to take the case. He should have done the same this time. As for Vukmir, she says she has “always believed in transparency in government.” She can demonstrate it by dropping her claim. She and Van Hollen may hope to cloak themselves in the state constitution, but in this instance it looks like a very poor fit. Haynes is editorial page editor of the Milwaukee Journal Sentinel. Your Right to Know is a monthly column distributed by the Wisconsin Freedom of Information Council.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Kenosha News

Oct 05

BY DAVID D. HAYNES MILWAUKEE JOURNAL-SENTINEL

Page A009 2

A novel threat to the Open Records Law

2013

Clip at 100%

tate Sen. Leah Vukmir, R-Wauwatosa, is making a novel legal argument to dodge a public records request. It’s one that, carried to its logical extreme, could neuter Wisconsin’s Open Records Law. Vukmir is claiming legislative immunity from a June lawsuit filed by the liberal Center for Media and Democracy, which has alleged that she failed to turn over records related to the American Legislative Exchange Council. ALEC, a lightning rod for liberals, works with conservative state legislators around the country to write model legislation. David In a motion filed by state Attorney General J.B. Van Haynes Hollen’s office, Vukmir claims she can’t be sued while the Legislature is in session. If her argument prevails, lawmakers could no longer be compelled to comply with open records requests. Here’s why: Legislators recently have defined their “sessions” as beginning on the day they are sworn in and lasting until the next time they are sworn in. That would make Vukmir immune from lawsuit for the entire time she remains in office, which could be for many years. In a statement, Vukmir writes that she has complied with CMD’s open records request “and will continue to comply with all future requests for records, including two recent requests by CMD.” But when will she comply? And why does she believe she deserves such broad immunity? The senator ought to answer those questions. In the past, the state has argued that the constitution provides immunity from civil proceedings only during floor sessions, says Madison attorney Susan Crawford, a former assistant attorney general. That was the state’s position during the legislative caucus scandal a decade ago, she said. Crawford notes that the attorney general is the state officer charged with enforcing the Open Records Law and now is arguing, essentially, that the law cannot be enforced against

YOUR RIGHT TO KNOW legislators. No court could hold them accountable, as long as they are in office. In the past, lawmakers on both sides of the aisle have been sued under the Open Records Law. Those legislators either acknowledged the violation and turned over the documents or fought it out in court. The constitutional provision, and similar ones in other state constitutions, can be traced to English common law, which aimed to prevent political foes from suing their rivals as a ploy to remove them from the floor during sessions of Parliament. Legislative immunity, then, was created to protect the democratic process — not to protect the politicians. Vukmir’s tactic turns a very reasonable idea on its head. This should not be a partisan issue: Everyone benefits from transparency in government. Rick Esenberg, a Milwaukee lawyer and blogger often allied with Republicans, recently told the Milwaukee Journal Sentinel that the Vukmir/Van Hollen motion “would seem to extend the scope of the exemption provision well beyond its original meaning.” And this broad interpretation might also lead to claims of immunity in other kinds of civil lawsuits. Some legislators serve for decades. Could they sidestep any civil claim while in office? Van Hollen’s actions are a disappointment. He has been a strong supporter of open government in the past. When state Sen. Jon Erpenbach, D-Middleton, was sued by the conservative MacIver Institute over emails the senator received during the collective bargaining battle in 2011, Van Hollen declined to take the case. He should have done the same this time. As for Vukmir, she says she has “always believed in transparency in government.” She can demonstrate it by dropping her claim. She and Van Hollen may hope to cloak themselves in the state constitution, but in this instance it looks like a very poor fit.

Your Right to Know is a monthly column distributed by the Wisconsin Freedom of Information Council. David D. Haynes is editorial page editor of the Milwaukee Journal Sentinel.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Baraboo News Republic

Oct 04

2013 Page A05

Clip resized 50%

Republicans willing to help their own I t’s hard to believe the extent of Republican hypocrisy, and it’s foolish to believe the lies they tell to disguise it. For instance, state Republicans say they value Wisconsin’s sportsmen. Yet, they adopted a provision in the last budget that loosened regulations on high-capacity wells — wells that can pump more than 100,000 gallons a day. The revised rule allows the Department of Natural Resources to authorize wells without considering their potential negative impact, combined with other area wells, on lakes, streams, wetlands, and private or public wells. Sportsmen should be up in arms at what this will do to wildlife habitat. There already have been devastating effects on Wisconsin’s waters due to the drastic increase in the numbers of these wells. The destruction to wetlands alone will reduce wildlife populations because ducks, geese and fish rely on wetlands for breeding, feeding, and nurturing their young. Streams like the Little Plover River, vital for trout and other aquatic life, are going dry. The depth of Long Lake, near Plainfield, has fallen from 12 feet to three feet, and residents say it’s because of the large number of high capacity wells in the area. But, here’s the kicker. Thanks to Republican legislation, the DNR now has only 65 days to determine if it will approve or reject a well. If the time runs out, the well is automatically approved. Meanwhile, demands for these wells keep increasing. Because of a lack of resources, the DNR is behind on processing 100 applications for more wells, with 50 new applications coming in just the past two months. Senate Bill 302, introduced last week and sponsored by State Sen. Neal Kedzie, R-Elkhorn, would make it worse. A Wausau Daily Herald article Sept. 26 summarized the bill, it will “make it easier to drill or replace so-called highcapacity water wells and head off stricter regulation in the future. It would also prohibit the DNR from placing additional restrictions on any high-capacity replacement well beyond those governing the original well.” Sen. Kedzie admitted he introduced the bill “to expressly limit the authority of the DNR.” Simply put, if DNR scientists determine that the volume of water withdrawn from an existing well is harming lakes, streams, or private wells, it cannot increase the regulations on a replacement well. As always, follow the money; huge corporate farms and mining companies helped finance Republican campaigns. Another example of Republicans taking the side of corporations while sticking it to private citizens recently came

PAT NASH COLUMNIST

to light. Under current law, if tax-free property held under the Managed Forest Land Program is pulled from the program, the owner is responsible for any unpaid back taxes. Gogebic Taconite wants to pull from the program 3,500 acres of the land where it wants to take samples in the Penokee Range. That means the landowner would owe about $900,000 in back taxes. But now Republicans want to change the law and eliminate that penalty. In contrast, Jim Kostohrys, an Iowa County landowner, wants to pull just three of his acres from the program and was told if he does, he’d owe the state $1,000. “If you are a big donor or you are a big business, you get the royal treatment in this state. You don’t have to worry about laws,” Kostohrys said in a Sept. 27, Capital Times article by Jessica Vanegeren. He’s got that right. And while Walker claims he values education, he still hasn’t implemented the $400,000 Read to Lead education program he took credit for in 2011 and which was supposed to start last year. According to the Legislative Audit Bureau, not one penny has yet been spent on it because Walker never appointed anyone to lead it. Even more hypocrisy is evident in the actions of Walker-supporter and state Attorney General J.B. Van Hollen. When Democratic Sen. Jon Erpenbach asked him to intervene when he was sued by the Republican Party to give up emails from his constituents that included their personal information, Van Hollen told him he couldn’t help because of the open records law. But when Sen. Mary Vukmir refused to release documents she received from the American Legislative Exchange Council, Van Hollen supported her by claiming the open records law doesn’t apply to lawsuits against legislators as long as they’re in office. Did I mention Sen. Vukmir is a Republican? How corrupt and hypocritical does a political party have to be before the people rise up and vote the perpetrators out of office? We’ll find out on Election Day. Pat Nash has worked as a freelance writer, farmer, human resource manager, customer service supervisor, and educator. Nash has lived in the Baraboo area, off and on, for over 30 years. Contact her at patnash5149@gmail.com.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Oct 2013 Page 04 A009

Clip resized 89%

Minocqua, The Lakeland Times 1 is where distortions 2 budget battles. This

3 4 Obama Good Morning America that

Vukmir wrong on records law 1

David Haynes proceedings only during floor sessions, says Madison attorney Susan Crawford, a former assistant attorney general. That was the state’s position during the legislative caucus scandal a decade ago, she said. Crawford notes that the attorney general is the state officer charged with enforcing the Open Records Law and now is arguing, essentially, that the law cannot be enforced against legislators. No court could hold them accountable, as long as they are in office. In the past, lawmakers on both sides of the aisle have been sued under the Open Records Law. Those legislators either acknowledged the violation and turned over the documents or fought it out in court. The constitutional provision, and similar ones in other state constitutions, can be traced to English common law, which aimed to prevent political foes from suing their rivals as a ploy to remove them from the floor during sessions of Parliament. Legislative immunity, then, was created to protect the democratic process – not to protect the politicians. Vukmir’s tactic

turns a very reasonable idea on its head. This should not be a partisan issue: Everyone benefits from transparency in government. Rick Esenberg, a Milwaukee lawyer and blogger often allied with Republicans, recently told the Milwaukee Journal Sentinel that the Vukmir/Van Hollen motion “would seem to extend the scope of the exemption provision well beyond its original meaning.” And this broad interpretation might also lead to claims of immunity in other kinds of civil lawsuits. Some legislators serve for decades. Could they sidestep any civil claim while in office? Van Hollen’s actions are a disappointment. He has been a strong supporter of open government in the past. When state Sen. Jon Erpenbach, D-Middleton, was sued by the conservative MacIver Institute over emails the senator received during the collective bargaining battle in 2011, Van Hollen declined to take the case. He should have done the same this time. As for Vukmir, she says she has “always believed in transparency in government.” She can demonstrate it by dropping her claim. She and Van Hollen may hope to cloak themselves in the state constitution, but in this instance it looks like a very poor fit. Your Right to Know is a monthly column distributed by the Wisconsin Freedom of Information Council (www.wisfoic.org), a nonprofit group dedicated to open government. David D. Haynes is editorial page editor of the Milwaukee Journal Sentinel.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Milwaukee, Journal Sentinel

Sep 15

2013 Page B003

Clip resized 87%

ñ / 41 " 1 >

2 ¹ CÑ pñQ ªèÑ¤C Õp¤ß ¤p ¿]ª

9A ¥ l y ´´lc ¥ ÌlZ¥ÌcÐ Aëa Ì´l PAZ ÐAíÐ 0ã´´¥ÌÚ ¥y 9ã Ì ZA lc ´AÌÚ ÐA

>` Ã p i VÁ>Í V ÄÍ>Íi Äi >Í Á >VVÖÄi` ÍÍ Á iß i iÁ> ± ± 6> i v ÁiÜiÁÄ } Ä ¬ Ä Í ¬ÖL V ÁiV Á`Ä Í i ¬ V ÄiÁÜ> Í ÜiÄ] Ä>ß } Í i ÄÍ>Íi¾Ä Í ¬ >ÝßiÁ ÍÁi>Íi` ÜiÁß ` vviÁ i Í ß Ý i i Ý>Ä ÄÖi`± -i ± Á¬i L>V ® ` ` iÍ ¯ > ÄÍ>Íi i Í Ä> ` 6> i ¾Ä i}> > iÖÜiÁÄ Í i ¬ÖL V ÁiV Á`Ä V>Äi v -i ± i> 6Ö Á ®, 7>ÖÝ>Í Ä>¯ ÝiÁi »L >Í> Í ¬>ÁÍ Ä> > ` ¬ Í V> >VÍ Ä±¼ 6> i > ` 6Ö Á >Ái V > } V ÖÁÍ Í >Í 6Ö Á Ä Ö i vÁ >ÝÄÖ Í `ÖÁ } Í i i} Ä >Í Üi ÄiÄÄ p > V Íi Í Í >Í] v ÄÖVViÄÄvÖ ] V Ö ` i> i} Ä >Í ÁÄ V> Í Li ÄÖi` Ö ìÁ Í i ¬i Ái V Á`Ä >Ý `ÖÁ } Í i i Í Ái Í i Í iß ÄiÁÜi vv Vi± "¬i } ÜiÁ i Í >`Ü V>ÍiÄ Ä>ß Í i i}> Í i Áß Ý Ö ` > Ý i} Ä >Í ÁÄ Í Ý vÖ ß Ý Í ` Ái V Á`Ä vÁ Í i ¬ÖL V Ý Í ÖÍ V Äi¶Öi Vi± } Í Äi ¶ÖiÄÍ } 6> i ¾Ä i}> >Á}Ö i Í Ä , V Äi LiÁ}] > V ÄiÁÜ>Í Üi Ý>Ö ii >ÍÍ Á iß Ý v Íi Ä ìÄ Ý Í ,i¬ÖL V> Ä± 1 ìÁ Í i ÄÍ>Íi V ÄÍ ÍÖÍ ] i} Ä >Í ÁÄ i ß >Í i>ÄÍ Ä i Ö Íß vÁ >ÝÄÖ ÍÄ] LÖÍ Äi LiÁ} Ä> ` 6> i ¾Ä

Í i Áß »Ý Ö ` Äii Í iÞÍi ` Í i ÄV ¬i v Í i iÞi ¬Í ¬Á Ü Ä Ýi Liß ` ÍÄ Á } > i> }±¼ Äi LiÁ} >Ä Lii Ü Üi` Ä Ý >ÝÄÖ Í ÜiÁ ¬ÖL V ÁiV Á`Ä p >}> ÄÍ Á¬i L>V ± / i V ÄiÁÜ>Í Üi >V ÜiÁ ÄÍ ÍÖÍi Ä Ö} Í Í ÖÄ> `Ä v i > Ä Á¬i L>V ÁiVi Üi` `ÖÁ } Í i Ôå¤¤ i} Ä >Í Üi v } Í ÜiÁ V iVÍ Üi L>Á}> }± Á¬i L>V ¬Á Ü `i` Í i i > Ä LÖÍ L >V i` ÖÍ Í i > iÄ v Í i Äi `iÁÄ± >V ÜiÁ i ÄÍi` Äi LiÁ} > ` ÄÖi` Á¬i L>V Á> Í Ö Íß

ÁVÖ Í ÖÁÍ± 6> i `iV i` Í Ái¬ ÁiÄi Í Á¬i L>V ] > ` Í i Äi >Í Á >` Í Ái > ¬Á Ü>Íi >ÍÍ Á iß Í >Í V ÄÍ Í>Þ¬>ßiÁÄ i>Á ß f¤{å]ååå± Á¬i L>V Ý V ÁVÖ Í V ÖÁÍ > ` Í i V>Äi Ä Ý Liv Ái Í i ÖÁÍ v ¬¬i> Ä± / i ] Í Ä Ö i] Í i LiÁ>

i ÍiÁ v Á i` > > ` i V Á>Vß ÄÖi` 6Ö Á >Ä Í ¬ÖÁ ÄÖi` ÁiV Á`Ä Ái >Íi` Í iÁ >ß ÍÁ ¬ Í > iÁ V> i} Ä >Í Üi ÞV > }i Ö V iiÍ } " > > Íß± Ä > }Á Ö¬ Í >Í Ý Á Ä Ý Í V ÄiÁÜ>Í ÜiÄ > ` V Á¬ Á>Í Ä Í `Á>vÍ i} Ä >Í Í >Í V> Li ÍÁ `ÖVi` ÄÍ>ÍiÄ >Á Ö ` Í i V Ö ÍÁß± Í Ä Í >Í >ÝÄÖ Í Í >Í >Í Í Á ißÄ 6> i ¾Ä vv Vi

>Üi V Íi ì` Í >Í i} Ä > Í ÁÄ V> Í Li ÄÖi`± » v ` Í > >ã } Í >Í] Í i ìvi Äi v > V ÄiÁÜ>Í Üi Á}> ã>Í ] ÍÍ Á iß i iÁ> 6> i Ý V > Ä Í >Í > i} Ä >Í Á Ä Ö ` Í Li Ái ¶Ö Ái` Í V ¬ ß Ý Í > ¬i ÁiV Á`Ä Ái¶ÖiÄÍ v Á i > Ä]¼ Á¬i L>V Ä> ` Ä ÄÍ>Íi i Í± »/ Ä Ä Í i ¬¬ Ä Íi v Ä ÄÍ> Vi ÍÝ ßi>ÁÄ >} ] Ý i > V ÄiÁÜ>Í Üi Á}> ã>Í ÄÖi` i ± ± ± ®6> i ¯ Ái vÖÄi` Í ¬Á Ü ì > ß V Ö Äi Í iÁ Í > Í Íi i Í >V ¶Ö iÄVi Í Í i V ÄiÁÜ>Í Üi Á }> ã>Í ¾Ä Ái¶ÖiÄÍ± » v ß Ö >Ái ¬Á ÍiVÍ } ] Í i >ÍÍ Á iß }i iÁ> Ý Ö ¬ Í Ái¬ÁiÄi Í ß Ö] LÖÍ v ß Ö >Ái ¬Á ÍiVÍ } V Í ãi Ä i >¬¬>Ái Í ß V> Í Li L Í iÁi`±¼ ÁiÄ¬ Äi] 6> i Ä¬ iÄÝ > > > ÁÖiV Ä ÄÖi` > ÄÍ>Íi i Í Ä>ß } Í i ÍÝ V>ÄiÄ >Ái ` vviÁi Í± »-i ± Á¬i L>V >Ä Ý i`}i v ÖÁ ` ÄVÖÄÄ Ä Ý Í ÖÁ V i Í] -i ± 6Ö ÁÇ Í Äi ` ÄVÖÄÄ Ä >Ái ¬Á Ü i}i`] >Ä >Ái Í i ` ÄVÖÄÄ Ä Í >Í Í ¬ >Vi Ý i Í Ý>Ä V Ä ìÁi` Ý iÍ iÁ Ýi¾` Ái¬ ÁiÄi Í -i ± Á¬i L>V ]¼ iÁ ÄÍ>Íi i Í Ä> `± » i Ä Ýi V i Í Ý> Üi Í >Í ¬Á Ü i}i > ` v ® i¯ Ý Ä iÄ Í ` Ä ÝÁ Í }] Ýi Ý Ö ` Í i Ái Ä¬ ` Í Ä V >Á>VÍiÁ ã>Í v Í Äi iÜi ÍÄ±¼ / i ÄÍ>Íi V ÄÍ ÍÖÍ Ä>ßÄ

>Ý > iÁÄ >Ái Í »ÄÖL iVÍ Í > ß V Ü ¬Á ViÄÄ `ÖÁ } Í i ÄiÄÄ v Í i i} Ä >ÍÖÁi±¼ / i i} Ä >ÍÖÁi >Ä ìv i` ÍÄ ÄiÄÄ ÁiVi Í ßi>ÁÄ >Ä >ÄÍ } Í i vÖ ÍÝ ßi>Á ÍiÁ Ä v ÄÍ>Íi Ái¬ÁiÄi Í>Í ÜiÄ p i> } Í >Í >Ý > iÁÄ V Ö ` Li ¬iÁ¬iÍÖ> ß Ö i vÁ >ÝÄÖ Í Ý i Í iß ÄiÁÜi vv Vi v 6> i ¬ÁiÜ> Ä± "Í iÁ >ÍÍ Á ißÄ V Íi ` Í i ÍiÁ ÃiÃÃ >Ä > Ái >Á Á Ý i> } Í i V ÄÍ ÍÖ Í > ` >Ý > iÁÄ >Ái Ö i ß v Á Ä ÁÍ ¬iÁ `Ä] ÄÖV >Ä Í i `>ßÄ > ` Ýii Ä Ý i Ü Í } VVÖÁÄ Í i -i >Íi > ` ÄÄi L ß v ÁÄ± 7 i ¬Á ViÄÄ ÄiÁÜiÁÄ ÍÁ i` Í ÄiÁÜi i}> ¬>¬iÁÄ > > ì Í 6Ö Á] Í i > ì ÁivÖÄi` Í >VVi¬Í Í i > ` `ÖÁ } Í i Ä¶Ö>LL }] Í i ¬Á ViÄÄ ÄiÁÜ iÁ Ý Ö ` Ö¬ Í i }Á Ö `± 6Ö Á¾Ä ÁiÄ¬ Äi Í Í i >ÝÄÖ Í Ä >Í ``Ä Ý Í Ý v Üi v iÁ ,i¬ÖL V> V i>}ÖiÄÁi>VÍi`Ý i ÄÖi` >ÄÍ ßi>Á Lß Í i Ä> i Vi ÍiÁ v Á ÁiV Á`Ä± "VÍ LiÁ] Í Äi v Üi i} Ä >Í ÁÄ ¶Ö V ß ÄiÍÍ i` Í i Á V>ÄiÄ Lß ÍÖÁ } ÜiÁ ÁiV Á`Ä Í iß >` Lii Ý Í ` }± >Ä V i Ö ìÁ ÄVÁÖ Í ß ÜiÁ ÍÄ ÄÖ¬¬ ÁÍ v Á Ü ÍiÁ >ÝÄ > ` »ÄÍ> ` ß ÖÁ }Á Ö `¼ }Ö >ÝÄ± - i V Á ¬ Á>Í Ä Ý >Üi ¬>ÁÍi` Ý Í ± bƁöŬŬ»Ŕ¦ ŬƁöŬŬ»ŔĹ ęćţį ŬŔö þć Ŕÿ»ƃ

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Monroe Times

Oct 03 2013

Page B004 Clip at 100%

MADISON

Group urges judge to reject argument 1

MADISON (AP) — An investigative group has asked a judge to reject a Republican state senator’s arguments that’s she’s immune from a lawsuit demanding records from her office. The Center for Media and Democracy has filed a lawsuit demanding Leah Vukmir turn over records from an American Legislative Exchange Council conference. The state Justice Department has countered the Wisconsin Constitution provides lawmakers immunity from civil lawsuits during the legislative session. CMD filed a brief with Dane County Circuit Judge Ellen Berz on Monday arguing again that under DOJ’s interpretation no one could sue a sitting lawmaker since the Legislature is in session year round. Recent legislative sessions have run continuously, with one session beginning the same day the last session ends.

e t l l l o l m b n m h W

D h D i r a i a o r t m t b

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Oct 2013 Page 05 A005

Clip resized 91%

Beloit Daily News 1

Your Right to Know

Vukmir wrong on records law By David D. Haynes State Sen. Leah Vukmir, R-Wauwatosa, is making a novel legal argument to dodge a public records request. It’s one that, carried to its logical extreme, could neuter Wisconsin’s 2 Open Records Law. Vukmir is claiming legislative immunity from a June lawsuit filed by the liberal Center for Media and Democracy, which has alleged that she failed to turn over records related to 3 the American Legislative Exchange Council. ALEC, a lightning rod for liberals, works with conservative state legislators around the country to write model legislation. 1

IN A MOTION filed by state Attorney General J.B. Van Hollen’s office, Vukmir claims she can’t be sued while the Legislature is in session. If her argument prevails, lawmakers could 5 no longer be compelled to comply with open records requests. Here’s why: Legislators recently have defined their “sessions” as beginning on the day they are sworn in and lasting until the next 6 time they are sworn in. That would make Vukmir

immune from lawsuit for the entire time she remains in office, which could be for many years. In a statement, Vukmir writes that she has complied with CMD’s open records request “and will continue to comply with all future requests for records, including two recent requests by CMD.” But when will she comply? And why does she believe she deserves such broad immunity? The senator ought to answer those questions. IN THE PAST, the state has argued that the constitution provides immunity from civil proceedings only during floor sessions, says Madison attorney Susan Crawford, a former assistant attorney general. That was the state’s position during the legislative caucus scandal a decade ago, she said. Crawford notes that the attorney general is the state officer charged with enforcing the Open Records Law and now is arguing, essentially, that the law cannot be enforced against legislators. No court could hold them accountable, as long as they are in office. In the past, lawmakers

on both sides of the aisle have been sued under the Open Records Law. Those legislators either acknowledged the violation and turned over the documents or fought it out in court. THE constitutional provision, and similar ones in other state constitutions, can be traced to English common law, which aimed to prevent political foes from suing their rivals as a ploy to remove them from the floor during sessions of Parliament. Legislative immunity, then, was created to protect the democratic process — not to protect the politicians. Vukmir’s tactic turns a very reasonable idea on its head. This should not be a partisan issue: Everyone benefits from transparency in government. Rick Esenberg, a Milwaukee lawyer and blogger often allied with Republicans, recently told the Milwaukee Journal Sentinel that the Vukmir/Van Hollen motion “would seem to extend the scope of the exemption provision well beyond its original meaning.” And this broad interpretation might also lead to claims of immunity in other kinds of civil lawsuits.

Some legislators serve for decades. Could they sidestep any civil claim while in office? VAN HOLLEN’S actions are a disappointment. He has been a strong supporter of open government in the past. When state Sen. Jon Erpenbach, D-Middleton, was sued by the conservative MacIver Institute over emails the senator received during the collective bargaining battle in 2011, Van Hollen declined to take the case. He should have done the same this time. As for Vukmir, she says she has “always believed in transparency in government.” She can demonstrate it by dropping her claim. She and Van Hollen may hope to cloak themselves in the state constitution, but in this instance it looks like a very poor fit. David D. Haynes is the editorial page editor of the Milwaukee Journal Sentinel. Your Right to Know is a monthly column distributed by the Wisconsin Freedom of Information Council (www.wisfoic.org), a nonprofit group dedicated to open government.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Eau Claire, Leader-Telegram

Records law must prevail By David D. Haynes

Oct 05

2013 Page A06

Clip resized 45%

State Sen. Leah Vukmir, R-Wauwatosa, is making a novel legal argument to dodge a public records request. It’s one that, carried to its logical extreme, could neuter Wisconsin’s Open Records Law. Vukmir is claiming legislative immunity from a June lawsuit filed by the liberal Center for Media and Democracy, which claims she failed to turn over records related to the American Legislative Exchange Council. ALEC, a lightning rod for liberals, works with conservative state legislators around the country to write model legislation. In a motion filed by state Attorney General J.B. Van Hollen’s office, Vukmir claims she can’t be sued while the Legislature is in session. If her argument prevails, lawmakers could no longer be compelled to comply with open records requests. Here’s why: Legislators recently have defined their “sessions” as beginning on the day they are sworn in and lasting until the next time they are sworn in. That would make Vukmir immune from lawsuit for the entire time she remains in office, which could be many years. In a statement, Vukmir writes that she has complied with CMD’s open records request “and will continue to comply with all future requests for records, including two recent requests by CMD.” But when will she comply? And why does she believe she deserves such broad immunity? The senator ought to answer those questions. In the past, the state has argued that the constitution provides immunity from civil proceedings only during floor sessions, says Madison attorney Susan Crawford, a former assistant attorney general. That was the state’s position during the legislative caucus scandal a decade ago, she said. Crawford notes that the attorney general is the state officer charged with enforcing the Open Records Law and now is arguing, essentially, that the law cannot be enforced against sitting legislators. In the past, lawmakers on both sides of the aisle have been sued under the Open Records Law. Those legislators either acknowledged the violation and turned over the documents or fought it out in court. This should not be a partisan issue: Everyone benefits from transparency in government. Van Hollen’s actions are a disappointment. He has been a strong supporter of open government in the past. When state Sen. Jon Erpenbach, D-Middleton, was sued by the conservative MacIver Institute over emails the senator received during the collective bargaining battle in 2011, Van Hollen declined to take the case. He should have done the same this time. As for Vukmir, she says she has “always believed in transparency in government.” She can demonstrate it by dropping her claim. She and Van Hollen may hope to cloak themselves in the state constitution, but in this instance it looks like a very poor fit. Haynes is editorial page editor of the Milwaukee Journal Sentinel.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Rhinelander, The Northwoods River News

GUEST EDITORIAL Oct 05

Vukmir wrong on records law By David D. Haynes

2013 Page A004

Clip resized 70%

both sides of the aisle have been sued under the Open Records Law. Those legislators either acknowledged the violation and turned over the documents or fought it out in court. The constitutional provision, and similar ones in other state constitutions, can be traced to English common law, which aimed to prevent political foes from suing their rivals as a ploy to remove them from the floor during sessions of Parliament. Legislative immunity, then, was created to protect the democratic process — not to protect the politicians. Vukmir’s tactic turns a very reasonable idea on its head. This should not be a partisan issue: Everyone benefits from transparency in government. Rick Esenberg, a Milwaukee lawyer and blogger often allied with Republicans, recently told the Milwaukee Journal Sentinel that the Vukmir/Van Hollen motion “would seem to extend the scope of the exemption provision well beyond its original meaning.” And this broad interpretation might also lead to claims of immunity in other kinds of civil lawsuits. Some legislators serve for decades. Could they sidestep any civil claim while in office? Van Hollen’s actions are a disappointment. He has been a strong supporter of open government in the past. When state Sen. Jon Erpenbach, D-Middleton, was sued by the conservative MacIver Institute over emails the senator received during the collective bargaining battle in 2011, Van Hollen declined to take the case. He should have done the same this time. As for Vukmir, she says she has “always believed in transparency in government.” She can demonstrate it by dropping her claim. She and Van Hollen may hope to cloak themselves in the state constitution, but in this instance it looks like a very poor fit. Your Right to Know is a monthly column distributed by the Wisconsin Freedom of Information Council (www.wisfoic.org), a nonprofit group dedicated to open government. David D. Haynes is editorial page editor of the Milwaukee Journal Sentinel.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Menomonie, The Dunn County News

YOUR RIGHT TO KNOW

Oct 06

Vukmir wrong on records law

2013 Page A005

2 DAVID D. HAYNES

In a motion filed by state Attorney General J.B. Van Hollen’s office, Vukmir claims she can’t be sued while the Legislature is in session.

For THE NEWS

Clip resized 64%

In the past, lawmakers on both sides of the aisle have been sued under the Open Records Law. Those legislators either acknowledged the violation and turned over the documents or fought it out in court. The constitutional provision and similar ones in other state constitutions, can be traced to English common law, which aimed to prevent political foes from suing their rivals as a ploy to remove them from the floor during sessions of Parliament. Legislative immunity, then, was created to protect the democrat ic process — not to protect the politicians. Vukmir’s tactic turn a very reasonable idea on its head. This should not be a partisan issue: Everyone benefits from transparency in government. Rick Esenberg, a Milwaukee lawyer and blogger often allied with Republicans, recently told the Milwaukee Journal Sentinel that the Vukmir/Van Hollen motion “would seem to extend the scope of the exemption provision well beyond its original meaning.” And this broad interpretation might also lead to claims of immunity in other kinds of civil lawsuits. Some legislators serve for decades. Could they sidestep any civil claim while in office? Van Hollen’s actions are a dis appointment. He has been a strong supporter of open government in the past. When state Sen. Jon Erpenbach, DMiddleton, was sued by the con servative MacIver Institute over emails the senator received during the collective bargaining bat tle in 2011, Van Hollen declined to take the case. He should have done the same this time. As for Vukmir, she says she has “always believed in transparency in government.” She can demonstrate it by dropping her claim. She and Van Hollen may hope to cloak themselves in the state constitution, but in this instance it looks like very poor fit. Your Right to Know is a monthly column distributed by the Wisconsin Freedom of Information Council (www.wisfoic.org), a nonprofit group dedi cated to open government. Davi D. Haynes is editorial page edito of the Milwaukee Journal Sentinel.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Lancaster, Grant County Herald Independent

Oct 03

2013 Page A010

Clip resized 88%

Vukmir wrong on records law S t a t e S e n . L e a h Vu k m i r, R-Wauwatosa, is making a novel legal argument to dodge a public records request. Itâ&#x20AC;&#x2122;s one that, carried to its logical extreme, could neuter Wisconsinâ&#x20AC;&#x2122;s Open Records Law. Vukmir is claiming legislative LPPXQLW\ IURP D -XQH ODZVXLW Ă&#x20AC;OHG by the liberal Center for Media and Democracy, which has alleged that she failed to turn over records related to the American Legislative Exchange Council. ALEC, a lightning rod for liberals, works with conservative state legislators around the country to write model legislation. ,Q D PRWLRQ Ă&#x20AC;OHG E\ VWDWH $WWRUQH\ General J.B. Van Hollenâ&#x20AC;&#x2122;s office, Vukmir claims she canâ&#x20AC;&#x2122;t be sued while the Legislature is in session. If her argument prevails, lawmakers could no longer be compelled to comply with open records requests. Hereâ&#x20AC;&#x2122;s why: /HJLVODWRUV UHFHQWO\ KDYH GHĂ&#x20AC;QHG WKHLU Â´VHVVLRQVÂľ DV EHJLQQLQJ RQ WKH day they are sworn in and lasting until the next time they are sworn in. That would make Vukmir immune from lawsuit for the entire time she UHPDLQV LQ RIĂ&#x20AC;FH ZKLFK FRXOG EH IRU many years. In a statement, Vukmir writes that she has complied with CMDâ&#x20AC;&#x2122;s open UHFRUGV UHTXHVW Â´DQG ZLOO FRQWLQXH WR comply with all future requests for records, including two recent requests E\ &0' Âľ But when will she comply? And why does she believe she deserves such broad immunity? The senator ought to answer those questions. In the past, the state has argued that the constitution provides immunity from civil proceedings only during Ă RRU VHVVLRQV VD\V 0DGLVRQ DWWRUQH\ Susan Crawford, a former assistant attorney general. That was the stateâ&#x20AC;&#x2122;s position during the legislative caucus scandal a decade ago, she said. Crawford notes that the attorney JHQHUDO LV WKH VWDWH RIĂ&#x20AC;FHU FKDUJHG with enforcing the Open Records Law and now is arguing, essentially, that the law cannot be enforced against legislators. No court could hold them accountable, as long as they are in

RIĂ&#x20AC;FH In the past, lawmakers on both sides of the aisle have been sued under the Open Records Law. Those legislators either acknowledged the violation and turned over the documents or fought it out in court. The constitutional provision, and similar ones in other state constitutions, can be traced to English common law, which aimed to prevent political foes from suing their rivals as a ploy to remove them from the floor during sessions of Parliament. Legislative immunity, then, was created to protect the democratic process â&#x20AC;&#x201C; not to protect the politicians. Vukmirâ&#x20AC;&#x2122;s tactic turns a very reasonable idea on its head. This should not be a partisan issue: (YHU\RQH EHQHĂ&#x20AC;WV IURP WUDQVSDUHQF\ in government. Rick Esenberg, a Milwaukee lawyer and blogger often allied with Republicans, recently told the Milwaukee Journal Sentinel that the Vukmir/Van Hollen motion Â´ZRXOG VHHP WR H[WHQG WKH VFRSH RI the exemption provision well beyond LWV RULJLQDO PHDQLQJ Âľ And this broad interpretation of immunity might also lead to claims in other kinds of civil lawsuits. Some legislators serve for decades. Would they have to respond to any civil claim ZKLOH LQ RIĂ&#x20AC;FH" Va n H o l l e n â&#x20AC;&#x2122;s a c t i o n s a r e a disappointment. He has been a strong supporter of open government in the past. When state Sen. Jon Erpenbach, D-Middleton, was sued by the conservative MacIver Institute over emails the senator received during the collective bargaining battle in 2011, Van Hollen declined to take the case. He should have done the same this time. As for Vukmir, she says she has Â´DOZD\V EHOLHYHG LQ WUDQVSDUHQF\ LQ JRYHUQPHQW Âľ She can demonstrate it by dropping her claim. She and Van Hollen may hope to cloak themselves in the state constitution, but in this instance it ORRNV OLNH D YHU\ SRRU Ă&#x20AC;W

DAVID D. HAYNES

MILWAUKEE JOURNAL SENTINEL.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Oct 2013 Page 09 O25

Clip resized 85%

Madison, The Cap Times

1 PAUL FANLUND, editor, pfanlund@madison.com

2 3 DAVE ZWEIFEL, editor emeritus, dzweifel@madison.com

4 5 JOHN NICHOLS, associate editor, jnichols@madison.com

6 7 8 JUDIE KLEINMAIER, opinion editor, LYNN DANIELSON, opinion editor, jkleinmaier@madison.com ldanielson@madison.com

OPINION & COMMENTARY AG must probe budget shenanigans

ttorney General J.B. Van Hollen often gets in trouble for putting partisanship ahead of his sworn duty to serve the citizens of Wisconsin. He has, for instance, recently been condemned by virtually OUR VIEWS every newspaper in the state for seek3 ing to gut open records laws in order Send us yours: tctvoice@madison.com to protect a fellow Republican, state Sen. Leah Vukmir, from public scrutiny. And he’s frequently been called out for attempting to manipulate voting rules and requirements before elections. But there are times when even Van Hollen must recognize that the Department of Justice must hold Republicans to ac4 count. And such a point has been reached with regard to the scandal involving moves by former Assembly Majority Leader Scott Suder, R-Abbotsford, and Gov. 5 Scott Walker to secure a $500,000 state grant for a group with which they have political ties.

The scandal arose after it was revealed that the group, the United Sportsmen of Wisconsin Foundation, was ill-suited to the work for which it had been assigned half a million dollars. The United Sportsman grant has been rescinded. And Suder,

FILE PHOTO

Attorney General J.B. Van Hollen

who shortly after the United Sportsman deal was done left the Assembly to take a high-paying job with the state Public Service Commission, has suddenly decided not to take the PSC job. But the scandal has not gone away. Suder and Walker still owe Wisconsin an explanation. State Rep. Peter Barca, DKenosha, said after Suder gave

up his PSC gig: “This does not resolve the many questions swirling around the broad, scandalous betrayal of hunters and taxpayers. And this should be a huge red ﬂag to the public and hunters that there is very likely far more ﬁre behind all this smoke.” If there was an attempt to divert taxpayer money to political cronies, Suder and Walker will need to be held to account. And Van Hollen has a responsibility to determine if the state budget process was abused by the former majority leader and the governor. Scot Ross, of the watchdog group One Wisconsin Now, makes a good point when he says: “You’d think news story after story about the corruption and shady dealings in this affair, and the refusal of the conspirators to come clean, should catch the attention of At-

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

torney General J.B. Van Hollen.” “But,” notes Ross, “so far we’ve heard zip, zero, nada.” Ross observes: “Rigged bids to send state tax dollars to politically connected front groups, lobbyist offers of junkets, and cushy taxpayer-ﬁnanced jobs that look like hush money aren’t the Wisconsin way. And the people behind these outrages need to be held accountable under the law!” That is true, as is the argument that if Suder and Walker refuse to come clean, then Wisconsin’s top law enforcement officer must investigate. Now that Van Hollen has announced he will not seek re-election as attorney general, it should be easier for him to put aside partisan concerns. He should not hesitate to stand up for the public interest and the principles of good government in Wisconsin.

Minocqua, The Lakeland Times

Our View Sep 27 2013

Page A009 Clip resized 60%

In this edition we report on a story in which state Sen. Leah Vukmir (RWauwatosa) is battling an open-records complaint filed against her by the liberal Center for Media and Democracy by claiming legislative immunity. Basically, she says the state Constitution protects her from being sued civilly while the Legislature is in session, and it’s in session until January 2015. Attorney general J.B. Van Hollen is backing her up. The media and open-records groups, not to mention the CDM, are up in arms, saying the unprecedented declaration of immunity will kill the open-records law and charts a dangerous course for Wisconsin. To which we say, relax everybody. Vukmir’s claim of immunity is a unique way to dodge the open-records law, to be sure, but the context of this situation is nothing new at all. Both sides have fair points, and some not-so-fair points, but here’s the bottom line: This case does not imperil the open-records law, though it does underscore several important and longstanding truths. First, the attorney general’s legal opinion is sound. The Constitution protects lawmakers from civil suits while the Legislature is in session. Vukmir may be the first to claim legislative immunity in an open-records case, but, as the attorney general asked, what’s he supposed to do, ignore the Constitution? Apparently, that’s exactly what the hysterical press and liberal open-records groups would like him to do, and that exposes the first truth: No one on the left or in the media cares about constitutions anymore. As Van Hollen said, the constitutional immunity provision may or may not be wise, but there it is, and nothing in the open-records statutes trumps it. That he is likely playing partisan politics, as some claim, is beside the point. The CDM has a fair point, too, when it takes issue with Vukmir’s public claim that she has complied with the request. They disagree and want to sort it out in court. But when everyone gets to court, Vukmir doesn’t claim she replied with the request, she claims she’s immune. So the Wauwatosa lawmaker makes one argument for the public, and another for the courts. Which is it? If she’s going to claim immunity before a judge, she should do so before the public and just be done with it. If she is going to go a step further and tell us she complied with the request, well then, Ms. Vukmir, prove it. More important is the claim about this case gutting the open-records law. It does no such thing. The constitutional grant of immunity only covers lawmakers, not anyone else. State agencies can’t use it to evade requests, nor can the governor or, for that matter, the attorney general. The exemption is narrow. What’s more, the Legislature is already exempt because it exempts itself from the state’s records retention laws, as we have pointed out for years. Unless a request for a record has already been made, lawmakers can destroy any public records they like at any time they wish to do so. Unlike a constitutional provision, the retention loophole could be fixed by statute, but the hysterical press and openSee OUR VIEW. . . page 10

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Minocqua, The Lakeland Times

Sep 27 2013 Page A010 Clip at 100% From A009

OUR VIEW

y d 1r r , . s e 2

f . y g n 3t e t

From page 9

records advocates haven’t really pressed the matter. That’s because it has generally benefited Democrats. But when a Republican uses another loophole to accomplish the same end – evading the open-records law – it’s a headline in the Milwaukee Journal Sentinel. Go figure. It’s probably too much to ask anyone to act responsibly, but that’s what ought to be done. Sen. Vukmir has the right to claim immunity, but she should be pressured from all sides to withdraw that claim in the name of transparency and to resolve the issue in court. The attorney general has the right to defend her, but

he should tell her the same thing publicly, and he should defend lawmakers of either party equally. As an alternative. those opposing Vukmir’s claim could seek a court interpretation of the intent of the constitutional provision, or they could publicly pressure the Legislature to redefine what it means for it to be “in session.” They can do so without hand-wringing melodrama. In the meantime, the press and openrecords advocates should quit with their nonsense about gutting the open-records law and acknowledge this as just the latest attempt by a legislator to exempt herself from it. Instead, we have a hysterical press, partisan politics, and lawmakers who don’t want to live by the same rules they impose on us. Nothing new here.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Sep 2013 Page 26 B006

Clip at 100%

Milton Courier 1

GUEST COLUMN 1

Not ‘turning my back’ on open government By J.B. Van Hollen Wisconsin Attorney General

The (Milwaukee) Journal-Sentinel’s editorial, “Legislators Are Not Above The Open Records Law,” accuses me of “turning my back” on my commitment to open government because of a position the Department of Justice has taken in court to defend a legislator against a lawsuit brought under the public records law. Open government is an essential tool to citizeninformed democracy, and I remain committed to using my position as attorney general to facilitate full compliance with the law. But I also took an oath to uphold the state Constitution. Article IV, Section 15 of Wisconsin’s Constitution provides that members of the legislature “shall not

be right to publish be subject to any an article entitled civil process, dur“Attorney General ing the session of Turns His Back On the Legislature....” The Constitution.” The framers of In the case that the Constitution inspired the Journalinserted this proviSentinel’s editorial, sion – common Sen. Leah Vukmir among state conJ.B. Van Hollen chose to invoke her stitutions – to give privilege from civil temporary protecprocess – as she is constition to lawmakers from tutionally entitled to do. civil suits while they are Some legislators make that doing the people’s work. Whether the framers’ deci- choice, some do not. But sion to provide this unique neither Sen. Vukmir nor I believe legislators are protection to legislators above the public records was a proper balancing law. In fact, in this case, of interests is a debatSen. Vukmir’s position is able question. What is not that she has fully complied debatable is my responsibility to defend its applica- with the public records law tion when it is invoked. An by producing all records subject to the request. This attorney general simply is unlike the position taken cannot pick and choose by the other legislator menparts of the Constitution tioned in your story, who to disregard because they asserted that he had no may act to frustrate a different policy goal. If I had, obligation under the public the Journal-Sentinel would records law to disclose the

name of any person who contacted his ofﬁce about a controversial piece of legislation. The issue then, is not if the public records law applies to legislators. It does. Legislators, like other public ofﬁcials, are under a legal duty to respond to public records requests as soon as practicable and without delay. The only question is when they may be sued for an alleged violation. If they choose to invoke their temporary privilege, that is a question the Constitution answers. Editor’s note: The Milton Courier’s “Viewpoint” editorial in the Sept. 19 edition followed many of the same arguments presented by the Milwaukee Journal Sentinel on this open records issue. Van Hollen’s response is being published to present his stance on the matter.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Milwaukee, Journal Sentinel

Sep 27 2013 Page A010 Clip at 100%

} Ä i v Í i i ÄiÍÍ } Ä V ÄÍ ivviV Í Üi± / Ä i> Ä Í >Í > i Í> i> Í ¬Á viÄ Ä > Ä Ö ` Li ¬ >Vi` > i> Í V>Ái V V > ` > ¬Á >Áß V>Ái ¬ ßÄ V > Í i ÖÍ¬>Í i Í i Í> i> Í V VÄ± /Á>} V> ß] Í Äi Ý Í V Á V > ` ÄiÜiÁi i Í> iÄÄ 1 ÁiVi Üi >ì¶Ö>Íi i` V> V>Ái > ` vÍi ` i Í i >ÜiÁ>}i Ôx ßi>ÁÄ i>Á iÁ± ` ¾Í Äii Ý i>ìÁÄ ¬ Ä } } Í Li >``ÁiÄÄi`± ¾Í Ýi ii` > `ß > V i>ìÁ Ý V iÄ Ý Í > >Í > ÍÁ>V ÁiV Á` Í ÁiÜ Üi > ` ÁiÜ Äi Í Ä ÄßÄÍi · *>ß ÄÖV > ¬iÁÄ Ý >Í i Á Ä i Ä Ý ÁÍ ] > ` } Üi Í >Í ¬iÁÄ i Ö} vÁii` Í ` Ý >Í 2 ii`Ä Í Li ` i± Á } } ÖÍÄ ì V ÄÖ Í> ÍÄ V> ¾Í >VV ¬ Ä Í Ä Ä ÁÍ v } > ] Í iÁ Í > Í ÁiV i ` ¬ ÄÄ L i i>ìÁÄ± / i ] Ý i i>Á Í >Í Í i V Ö Íß¾Ä Í > Í ÜiÄ Ý V Í Öi ¬>ÁÍ iÁÄ ¬Ä Ý Í V Ö Íß >}i V iÄ Í >Í >Üi > Ái>`ß Lii ¬>ÁÍ v Í i ¬Á L i Ä] Li} Í ` ÖLÍ Í >Í Ä Ö 3 Í Ä Ý Li >Í > ` > ßÍ i Ä ± ¿ 2ßpîp¤ "ª}} ]d "¿ ¿

Ü>Õ ii

/ i iÁ V> i} Ä >Í Üi ÞV > }i

Ö V Ä > »Li ` V Äi` ` ÁÄ¼ Á}> ã>Í Ý Á } Ý Í ÖÁ ÄÍ>Íi > ` viìÁ> i} Ä >Í ÁÄ ÄiVÁiÍ ß ÝÁ Í } » ì ¼ i} Ä > Í Í >Í v>Ü ÁÄ L } V Á¬ Á>Í Ä± >Ä i >ÄÍiÁ] > ` Í >Í >ÄÍiÁ Ä »L } iß V Á¬ Á>Í Ä±¼ / i Á}> ã>Í ¾Ä ÁiV Á` Ä ÝÄ ÍÄ i LiÁÄ >Üi ÍiÁiÄÍ Ái¬ ÁiÄi Í } ` Ü `Ö> V Í ãi Ä± Ä > }Á Ý } V> ViÁ ÖÁ i} Ä > Í Üi V > LiÁÄ > ÜiÁ Í i V Ö ÍÁß p L Í 7>Ä }Í ] ± ] > ` ÖÁ ÄÍ>Íi } ÜiÁ i ÍÄ± Í Ä > }Á Ý } V> ViÁ Á } Í iÁi >` Ä ] Ý Í > ß v ÖÁ 7 ÄV Ä i} Ä >Í ÁÄ Li } } > ` ¬>ß } `ÖiÄ Í ± > ß] Í Ä Ä> `] > ` Li iÜi > ß } ` iÁ V> Ý Ö ` >}Áii] i Ä >L Üi Í i >Ý± / >Í ¶Ö Íi V ÖìÄ -i ± i> 6Ö Á > ` ÍÍ Á iß i iÁ> ± ± 6> i ± 7 >Í ` iÄ 6Ö Á >Üi Í ì Í >Í Ä i > ` 6> i Ý> Í Í ¬Á ÍiVÍ· ÄÖÄ¬iVÍ Ä i >Ä v Á >Í >L ÖÍ > ` ÖÁ ÄÍ>Íi Ái¬ ÁiÄi Í>Í ÜiÄ Í >Í Ä i > ` 6> i ®> ` Í iÁÄ¯ Ý> Í Í ii¬ ÄiVÁiÍ±

CÕ¹pÑ 4¿ Ñpp¤

À>

CÑ p ß p ¹CÑp¤ßÕ iÍ i }iÍ Í Ä Á } Í± v i>Üi > V ` > V>Á > Í `>ß] > >Í v>Ö Í± v i>Üi 4 Á iÁ i > i > ` Ä iÍ } >¬¬i Ä] > >Í v>Ö Í± ÖÍ v V Ä ii¬ > ` ß V `] Í >Í¾Ä " · Ö} t Í Ä Í i Í V >Á}i Í iÄi >`Ö ÍÄ Ý Í i} }i Vi > ` ÖÁ`iÁ± #ªÑ C #ªïC

iÜ iÀ 5

Õ C Ñªï ¤ ]C¤]pÑ Ý>Ä `Ö Lv Ö `i`] >Ä vÁi¶Öi Í ß > ] Ý i Ä i i ÝÁ ÍiÄ > iÍÍiÁ >L ÖÍ Ä i Í } v Ý V i Á Ä i Ä Ö v Á i`± ÁÖVi >ÁÁ Ä ¾Ä iÍÍiÁ Ý>Ä ÄÖV > iÍÍiÁ ®»6Ö Á] 6> i >Ái Á } Í]¼ 9 ÖÁ 6 iÝÄ] -i¬Í± ÔÔ¯±

pßßpÑÕ è gp ¤pÕ <Ñ ßpc pßßpÑÕ ßª ß p pg ßªÑd " ïCè pp ªèÑ¤C 2p¤ß ¤p d /¿&¿ ªð áÙ±d " ïCè ppd < áæ÷± ÷áÙ± Cðc » ± ¼ ææá C c Õpg ßQ Ñ¤¿]ª pßßpÑÕ CÑp p¤pÑC ñ ßpg ßª æ÷÷ ïªÑgÕ C¤g CÑp ÕèS p]ß ßª pg ß ¤ ¿ / pCÕp ¤] ègp ñªèÑ ¤C pd ÕßÑppß CggÑpÕÕ C¤g gCñß p ¹ ª¤p ¤è SpÑ¿ <p gª ¤ªß ¹èS Õ ¹ªpßÑñd ª¹p¤ ªÑ C¤ª¤ñ ªèÕ pßßpÑÕ C¤g pßßpÑÕ ¹Ñ ¤ßpg p Õpï pÑp¿ C] ïÑ ßpÑ Õ ßpg ßª ª¤p ¹èS Õ pg pßßpÑ pîpÑñ ßïª ª¤ß Õ¿ p]CèÕp ª} ß p îª è p ª} C ïp Ñp]p îpd ïp ]C¤¤ªß ¹Ñ ¤ß pîpÑñ pßßpÑd C¤g ïp gª ¤ªß C] ¤ªï pg p Ñp]p ¹ß ªÑ ÑpßèÑ¤ ÕèS ÕÕ ª¤Õ¿

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Sep 2013 Page 27 A016

Clip resized 83%

Minocqua, The Lakeland Times

Critics say Vukmir challenge threatens open-records law 1

Senator, AG: Lawmakers can’t be sued for records’ violations while in session By Richard Moore of The Lakeland Times

During a month in which state attorney general J.B. Van Hollen publicized his yearly series of educational seminars about 2 open-records compliance, one GOP lawmaker has tried to add a lesson to the playbook, and in the process is being accused of attempting to evade the law. And Van Hollen is siding with her. In response to an open-records lawsuit filed against her by the Center for Media and Democracy, which is seeking records

the liberal group maintains shed light on Sen. Leah Vukmir’s relationship with the conservative American Legislative Exchange Council, Vukmir (RWauwatosa) claims she’s got legislative immunity. Simply put, Vukmir asserts in a motion, the state constitution prevents a legislator from being served with a civil summons while the Legislature is in session, and an open-records lawsuit is a civil process. Per Senate resolution, the motion contends, the Legislature is in session until January 2015. Van Hollen filed the reply motion

for Vukmir. “The rationale behind this provision of the Constitution is to prevent Members of the Legislature from being distracted by civil lawsuits and minor criminal violations,” the motion states. “A civil lawsuit can interfere with a Member’s full participation representing her constituents, and when a legislator cannot appear because of a civil lawsuit ‘then the people whom the legislator represents lose their voice in debate and vote.’” Critics say such a position, if successful, would eviscerate the open-records law, and they accuse Van Hollen of kowtowing to partisan politics in his support. For her part, Vukmir says it’s all a big misunderstanding.

The critics The senator’s detractors were quick to point out her departure from normal procedure, whereby lawmakers either accede to requests or fight them in court. For example, Sen. Jon Erpenbach (DMilwaukee) is still embroiled in an openrecords case in which he has been resisting attempts to compel him to release the identities of government employees who sent him emails from government computers about collective bargaining reform. Erpenbach did not claim legislative immunity but hired a private attorney to represent him at taxpayer expense. Officials at the Wisconsin Freedom of Information Council said they were See VUKMIR. . . page 17

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Sep 2013 Page 27 A017

Clip resized From 77% A016

Minocqua, The Lakeland Times 1

The Lakeland Times

September 27, 2013 • Page 17

VUKMIR From page 16

‘shocked and saddened’ by Vukmir’s unprecedented legal argument. “Our state’s openness laws are fundamental to its ability to function as a democracy,” the FOIC said in a statement. “Members of the Legislature, which passed these laws, ought to respect that. We call upon Sen. Vukmir to reconsider her position in light of the damage it could cause to the state.” The FOIC described Vukmir’s position as a ruse and said the attorney general had in the past initiated legal action against members of the Legislature. “In fact, lawmakers have been sued for violating the Open Records Law on a number of occasions,” the FOIC stated. “They sometimes lost, sometimes settled, and sometimes won. But in no prior instance did they claim to be above the law. Wisconsin’s traditions of open government, including the ability to litigate cases of alleged noncompliance, have served the state well. That is not a tradition with which we should dispense.” One such instance cited by the FOIC was a case in which The Lakeland Times sued state Sen. Mark Miller (D-Monona) for not providing records in response to a request. The case was settled with Miller agreeing to pay fees and costs, the FOIC observed.

Erpenbach, Van Hollen

Meanwhile, Erpenbach said he was shocked to hear of Van Hollen’s opinion because it did not square with what the attorney general told him when Erpenbach sought advice from the Department of Justice about his own case. “I find it amazing that, in the defense of

a conservative organization, attorney general Van Hollen now claims that a legislator should not be required to comply with an open-records request for emails,” Erpenbach said. “This is the opposite of his stance two years ago, when a conservative organization sued me in an attempt to gain an unprecedented level of personally identifying information from emails sent to me by constituents. At that time, I sought the advice of attorney general Van Hollen, who is a constitutional officer sworn to represent the Legislature without prejudice. He refused to provide any counsel other than to tell me to acquiesce to the conservative organization’s request.” Erpenbach said Van Hollen’s about-face was a blatantly partisan political maneuver. “(The attorney general’s actions) are an embarrassment to his office and to the Department of Justice,” he said. “Sen. Vukmir is certainly entitled to her defense against the lawsuit for her open records denial; what I simply find unbelievable is the partisan level of representation by a constitutional officer sworn to represent the Legislature without prejudice. If you are protecting ALEC, the attorney general will jump to represent you, but if you are protecting citizens he apparently cannot be bothered.” After the Milwaukee Journal Sentinel added to the salvo with an editorial of its own, Van Hollen defended his position. The attorney general said the editorial unfairly accused him of turning his back on a commitment to open government. Open government, Van Hollen wrote, is an essential tool to citizen-informed democracy, and he said he remained committed to using his position to facilitate compliance with the law. But he also said he took an oath to uphold the state constitution, including the section protecting sitting lawmakers from civil actions.

“The framers of the constitution inserted this provision – common among state constitutions – to give temporary protection to lawmakers from civil suits while they are doing the people’s work,” Van Hollen wrote. “Whether the framers’ decision to provide this unique protection to legislators was a proper balancing of interests is a debatable question. What is not debatable is my responsibility to defend its application when it is invoked.” An attorney general cannot simply pick and choose parts of the constitution to disregard because they may act to frustrate a different policy goal, Van Hollen continued. “... Sen. Vukmir chose to invoke her privilege from civil process – as she is constitutionally entitled to do,” Van Hollen wrote. “Some legislators make that choice, some do not. But neither Senator Vukmir nor I believe legislators are above the public records law.” Indeed, Van Hollen added, Vukmir believes she has fully adhered to the public records law by releasing all records subject to the request. “This is unlike the position taken by the other legislator mentioned in your story (Erpenbach), who asserted that he had no obligation under the public records law to disclose the name of any person who contacted his office about a controversial piece of legislation,” the attorney general wrote. The issue then, Van Hollen wrote, is not if the public records law applies to legislators. “It does,” he concluded. “Legislators, like other public officials, are under a legal duty to respond to public records requests as soon as practicable and without delay. The only question is when they may be sued for an alleged violation. If they choose to invoke their temporary privilege, that is a question the constitution answers.”

Fast facts • Sen. Leah Vukmir (R-Wauwatosa) claims she’s got legislative immunity from an open-records lawsuit filed against her and can’t be sued for a violation. • Vukmir says the state constitution prevents a legislator from being served with a civil summons while the Legislature is in session, and an openrecords lawsuit is a civil process. The Legislature is in session until January 2015. • Officials at the Wisconsin Freedom of Information Council said they were ‘shocked and saddened’ by Vukmir’s unprecedented legal argument and said her position could damage the state. • Attorney general J.B. Van Hollen said open government is an essential tool to citizen-informed democracy, but, in backing Vukmir, he also said he took an oath to uphold the state constitution. • Vukmir said she has complied with the request, but the Center for Media and Democracy disagreed, saying that factual dispute should be resolved in court.

Vukmir, CMD For her part, Vukmir said it was all one big misapprehension, though she said the ongoing status of the litigation precluded her from explaining why. “Despite media accounts stating otherwise, I have met my obligations regarding the requests for records sought by CMD,” Vukmir said. “I do not believe legislators

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

See VUKMIR. . . page 18

Sep 2013 Page 27 A018

Clip resized From 81% A016

Minocqua, The Lakeland Times

VUKMIR From page 17

are above the public records law. My position is that I have fully complied with the public records law and have produced all records subject to this open records request, as I have done with the five previous requests from CMD since the beginning of April.” Vukmir said she has always believed in transparent government and would continue to comply with all future requests for records, including two recent requests by CMD. “This has proven to be an unfortunate and largely misunderstood matter, and due to the current legal situation, I will continue to refer future inquiries to the Department of Justice,” she said. But CMD disagreed that the senator had

satisfied its request. Pointing out her position as ALEC’s national treasurer, and her appearance at the group’s Oklahoma City meeting in May – not to mention her sponsorship of model ALEC legislation – the group said it was hard to believe she did not have a single record relating to the bill, her position as a leader of ALEC, or the Oklahoma meeting, except for text messages and a few emails showing her attendance at the meeting. “When Sen. Vukmir says she has provided all records ‘subject to this open records request,’ her claim must be viewed in light of the fact that ALEC has been stamping its bills and communications to legislators with a disclaimer asserting the documents are ‘not subject to’ any state’s public records law,” CMD said in a statement. “We have no confidence she is com-

plying with Wisconsin’s public records laws versus abiding by ALEC’s claim that materials it provides to lawmakers are not subject to any public records law.” What’s more, the group said it was not known whether Vukmir withheld any materials distributed to her via an Internet dropbox, which it said ALEC has used in the past. The bottom line was, CMD stated, the two sides factually disputed whether the senator had observed the law, and court was the appropriate venue to sort it all out. “It is Sen. Vukmir’s claim that she has complied with our public records requests, and it is CMD’s position that she has not,” the group stated. “The proper place to resolve this is in court. If she has fully complied with our request, why is she taking the extraordinary and unprecedented

step of asserting legislative immunity to block the case from proceeding? What is she hiding that she won’t allow this matter to be resolved on the merits?” Vukmir was not the only lawmaker to have been on the receiving end of CMD open-records requests about ALEC. The organization sued five other legislators last year; those five ultimately released the records. Vukmir, 55, was elected to the Senate in 2010. She served in the Assembly from 2003 to 2010. In 2007, she cosponsored the “Earmark Transparency Act” that would have required public debate on all earmark spending, as well as the disclosure of which legislator sought a particular earmark. The legislation did not pass. Richard Moore may be reached at richardmoore.gov@gmail.com

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

West Bend, Daily News

Sep 27

2013 Page A06

Clip resized 86%

Van Hollen turns his back on the public When state lawmakers created the provision in the Constitution limiting the ability to sue legislators who are in session, there was reason behind it. We wouldn’t want legislators to be dragged away from the floor in shackles just because one group doesn’t like the legislator and decides to sue to avoid having a lawmaker cast a vote. If that happened, then some citizens would lose their representative while the Legislature is on the floor debating and voting on bills. But there is a vast difference between a floor session, when legislators are actually on the floor debating bills, and a legislative session, which covers an entire two-year period and then immediately starts anew after one session ends. Yet in a recent court filing, Wisconsin Attorney General J.B. Van Hollen claimed, because of a provision in the Wisconsin Constitution, a Republican legislator is immune from any civil process while the Legislature is in session. The current legislative session started Jan. 7 of this year and goes through Jan. 5, 2015, and during that period Van Hollen says the lawmaker receives legislative immunity. The case at question pertains to state Sen. Leah Vukmir, RWauwatosa, who serves as the state charwoman of the American Legislative Exchange Council and sits on ALEC’s national board. The Center for Media and Democracy sued Vukmir in June for records pertaining to ALEC, but the Attorney General’s Office, which is defending Vukmir, filed a motion to quash the case on grounds of legislative immunity because the Legislature is in session. The problem is that after the current legislative session ends, another one starts right up, meaning that based on Van Hollen’s opinion, lawmakers would never need to produce

documents until they are out of office. That could be decades, and completely evades the intent of the open records law. Following media criticism, Van Hollen said in an opinion piece: ‘‘Open government is an essential tool to citizeninformed democracy, and I remain committed to using my position as attorney general to facilitate full compliance with the law. But I also took an oath to uphold the state constitution.’’ He points to Article IV, Section 15 of Wisconsin’s Constitution that states ‘‘Members of the legislature shall in all cases, except treason, felony and breach of the peace, be privileged from arrest; nor shall they be subject to any civil process, during the session of the legislature, nor for fifteen days next before the commencement and after the termination of each session.’’ If that is the case, then Van Hollen should have provided the same guidance to state Sen. Jon Erpenbach, a Democrat, when the conservative MacIver Institute sued him for records, although that case was supposedly different. Van Hollen declined to represent Erpenbach, and advised him to give MacIver the records. Van Hollen goes on to say he is following the constitution and if he hadn’t the media would be right to publish an article headlined, ‘‘Attorney general turns his back on the constitution.’’ OK, we will not say that. But based on his interpretation, Van Hollen may not be turning his back on the constitution, but he is turning his back on the public. While we understand the intent of the provision in the constitution, we do not think Wisconsin’s founders meant to create a secret state where citizens can only learn about lawmaker’s actions decades after they occur. — The Journal Times, Racine

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Rhinelander, The Northwoods River News

Critics say Vukmir challenge threatens open-records law

Sep 28

By Richard Moore OF THE LAKELAND TIMES

2013 Page A006

Clip resized 58% 2

During a month in which state attorney general J.B. Van Hollen publicized his yearly series of educational seminars about openrecords compliance, one GOP lawmaker has tried to add a lesson to the playbook, and in the process is being accused of attempting to evade the law. And Van Hollen is siding with her. In response to an openrecords lawsuit filed against her by the Center for Media and Democracy, which is seeking records the liberal group maintains shed light on Sen. Leah Vukmir’s relationship with the conservative American Legislative Exchange Council, Vukmir (R-Wauwatosa) claims she’s got legislative immunity. Simply put, Vukmir asserts in a motion, the state constitution prevents a legislator from being served with a civil summons while the Legislature is in session, and an open-records lawsuit is a civil process. Per Senate resolution, the motion contends, the Legislature is in session until January 2015. Van Hollen filed the reply motion for Vukmir. “The rationale behind this provision of the Constitution is to prevent Members of the Legislature from being distracted by civil lawsuits and minor criminal violations,” the motion states. “A civil lawsuit can interfere with a Member’s full participation representing her constituents, and when a legislator cannot appear because of a civil lawsuit ‘then the people whom the legislator represents lose their voice in debate and vote.’” Critics say such a posi-

Senator, AG: Lawmakers can’t be sued for records violations while in session tion, if successful, would eviscerate the openrecords law, and they accuse Van Hollen of kowtowing to partisan politics in his support. For her part, Vukmir says it’s all a big misunderstanding. The critics The senator’s detractors were quick to point out her departure from normal procedure, whereby lawmakers either accede to requests or fight them in court. For example, Sen. Jon Erpenbach (DMilwaukee) is still embroiled in an openrecords case in which he has been resisting attempts to compel him to release the identities of government employees who sent him emails from government computers about collective bargaining reform. Erpenbach did not claim legislative immunity but hired a private attorney to represent him at taxpayer expense. Officials at the Wisconsin Freedom of Information Council said they were ‘shocked and saddened’ by Vukmir’s unprecedented legal argument. “Our state’s openness laws are fundamental to its ability to function as a democracy,” the FOIC said in a statement. “Members of the Legislature, which passed these laws, ought to respect that. We call upon Sen. Vukmir to reconsider her position in light of the damage it could cause to the state.” The FOIC described Vukmir’s position as a ruse and said the attorney general had in the past initiated legal action against members of the Legislature.

“In fact, lawmakers have been sued for violating the Open Records Law on a number of occasions,” the FOIC stated. “They sometimes lost, sometimes settled, and sometimes won. But in no prior instance did they claim to be above the law. Wisconsin’s traditions of open government, including the ability to litigate cases of alleged noncompliance, have served the state well. That is not a tradition with which we should dispense.” One such instance cited by the FOIC was a case in which The Lakeland Times sued state Sen. Mark Miller (D-Monona) for not providing records in response to a request. The case was settled with Miller agreeing to pay fees and costs, the FOIC observed. Erpenbach, Van Hollen Meanwhile, Erpenbach said he was shocked to hear of Van Hollen’s opinion because it did not square with what the attorney general told him when Erpenbach sought advice from the Department of Justice about his own case. “I find it amazing that, in the defense of a conservative organization, attorney general Van Hollen now claims that a legislator should not be required to comply with an open-records request for emails,” Erpenbach said. “This is the opposite of his stance two years ago, when a conservative organization sued me in an attempt to gain an unprecedented level of personally identifying information from emails

sent to me by constituents. At that time, I sought the advice of attorney general Van Hollen, who is a constitutional officer sworn to represent the Legislature without prejudice. He refused to provide any counsel other than to tell me to acquiesce to the conservative organization’s request.” Erpenbach said Van Hollen’s about-face was a blatantly partisan political maneuver. “(The attorney general’s actions) are an embarrassment to his office and to the Department of Justice,” he said. “Sen. Vukmir is certainly entitled to her defense against the lawsuit for her open records denial; what I simply find unbelievable is the partisan level of representation by a constitutional officer sworn to represent the Legislature without prejudice. If you are protecting ALEC, the attorney general will jump to represent you, but if you are protecting citizens he apparently cannot be bothered.” After the Milwaukee Journal Sentinel added to the salvo with an editorial of its own, Van Hollen defended his position. The attorney general said the editorial unfairly accused him of turning his back on a commitment to open government. Open government, Van Hollen wrote, is an essential tool to citizeninformed democracy, and he said he remained committed to using his position to facilitate compliance with the law. But he also said he took an oath to uphold the state

constitution, including the section protecting sitting lawmakers from civil actions. “The framers of the constitution inserted this provision — common among state constitutions — to give temporary protection to lawmakers from civil suits while they are doing the people’s work,” Van Hollen wrote. “Whether the framers’ decision to provide this unique protection to legislators was a proper balancing of interests is a debatable question. What is not debatable is my responsibility to defend its application when it is invoked.” An attorney general cannot simply pick and choose parts of the constitution to disregard because they may act to frustrate a different policy goal, Van Hollen continued. “... Sen. Vukmir chose to invoke her privilege from civil process — as she is constitutionally entitled to do,” Van Hollen wrote. “Some legislators make that choice, some do not. But neither Senator Vukmir nor I believe legislators are above the public records law.” Indeed, Van Hollen added, Vukmir believes she has fully adhered to the public records law by releasing all records subject to the request. “This is unlike the position taken by the other legislator mentioned in your story (Erpenbach), who asserted that he had no obligation under the public records law to disclose the name of any person who contacted his office about a controversial piece of legislation,” the attorney general wrote. The issue then, Van Hollen wrote, is not if the public records law applies to legislators. “It does,” he concluded. “Legislators, like other public officials, are under a legal duty to respond to public records requests as soon as practicable and without delay. The only question

is when they may be sued for an alleged violation. If they choose to invoke their temporary privilege, that is a question the constitution answers.” Vukmir, CMD For her part, Vukmir said it was all one big misapprehension, though she said the ongoing status of the litigation precluded her from explaining why. “Despite media accounts stating otherwise, I have met my obligations regarding the requests for records sought by CMD,” Vukmir said. “I do not believe legislators are above the public records law. My position is that I have fully complied with the public records law and have produced all records subject to this open records request, as I have done with the five previous requests from CMD since the beginning of April.” Vukmir said she has always believed in transparent government and would continue to comply with all future requests for records, including two recent requests by CMD. “This has proven to be an unfortunate and largely misunderstood matter, and due to the current legal situation, I will continue to refer future inquiries to the Department of Justice,” she said. But CMD disagreed that the senator had satisfied its request. Pointing out her position as ALEC’s national treasurer, and her appearance at the group’s Oklahoma City meeting in May — not to mention her sponsorship of model ALEC legislation — the group said it was hard to believe she did not have a single record relating to the bill, her position as a leader of ALEC, or the Oklahoma meeting, except for text messages and a few emails showing her attendance at the meeting.

See Challenge, Page 7A

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Sep 2013 Page 28 A007

Clip at 100%

From A006

Rhinelander, The Northwoods River News

Challenge Continued from Page 6A 1

“When Sen. Vukmir says she has provided all records ‘subject to this open records request,’ her claim must be viewed in light of the fact that ALEC has been stamping its bills and communications to legislators with a disclaimer asserting the documents are ‘not subject to’ any state’s public records law,” CMD said in a statement. “We have no confidence she is complying with Wisconsin’s public records laws versus abiding by ALEC’s claim that materials it provides to lawmakers are not subject to any public records law.” What’s more, the group said it was not known whether Vukmir

withheld any materials distributed to her via an Internet dropbox, which it said ALEC has used in the past. The bottom line is, CMD stated, the two sides factually disputed whether the senator had observed the law, and court is the appropriate venue to sort it all out. “It is Sen. Vukmir’s claim that she has complied with our public records requests, and it is CMD’s position that she has not,” the group stated. “The proper place to resolve this is in court. If she has fully complied with our request, why is she taking the extraordinary and unprecedented step of asserting legislative immunity to block the case from proceeding? What is she hiding that she won’t allow this matter to be resolved

on the merits?” Vukmir was not the only lawmaker to have been on the receiving end of CMD open-records requests about ALEC. The organization sued five other legislators last year; those five ultimately released the records. Vukmir, 55, was elected to the Senate in 2010. She served in the Assembly from 2003 to 2010. In 2007, she cosponsored the “Earmark Transparency Act” that would have required public debate on all earmark spending, as well as the disclosure of which legislator sought a particular earmark. The legislation did not pass. Richard Moore may be reached at richardmoore. gov@gmail.com

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Waukesha, The Freeman

Vukmir suit an overreach

Oct 01

2013 Page A06

Clip resized 91%

To the editor: State Sen. Leah Vukmir and Attorney General J.B. Van Hollen are correct in refusing to release records in regard to Senator Vukmir’s involvement with the American Legislative Exchange Council. As described in a Milwaukee Journal Sentinel article, “ALEC works with corporations and conservatives to write model legislation that can be introduced in state legislatures throughout the country.” This means they are looking at hypothetical future legislation that could be coming forth. The group makes sure that the legislation can be feasible and can pass the tests of being constitutional. By doing this before bills get to the legislatures it saves precious legislative time and taxpayer money by being done in the private sector. It makes no difference if it is a conservative or liberal group. Jessica McBride stated in her column that the attorney general did not defend a Democratic lawmaker in an open records suit. The difference in that case was that the sought-after emails were related to the 2011 fight over collective bargaining. That was actual pending legislation in Wisconsin. It was a matter of public record. With the current case it shouldn’t matter if Senator Vukmir is exempt from lawsuits while the Senate is technically in session, or if she is exempt during her entire term. This case should be settled on the public’s right to know. The first line of Wisconsin’s open meeting law partially states that “it is declared to be the public policy of this state that all persons are entitled to the greatest possible information regarding the affairs of government and the official acts of those officers and employees who represent them.” Senator Vukmir is not acting on behalf of the state of Wisconsin in an official capacity with ALEC. Open records laws are very important to all citizens to keep our government transparent. This suit is just an overreach by a specific group trying to get information about potential future legislation. They are just looking to get information that is none of their business. What’s next? Are informal meetings and social gatherings of the political parties going to be subject to open meetings laws? Enough already with the senseless lawsuits that waste precious court resources and taxpayer money. Bruce Harrison Town of Oconomowoc

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

shall make no law respecting ent of religion, he free exerr abridging the eech, or of the ght of the bly to to petition the r a redress of

Sep 2013 Page 30 A004

Clip resized 97%

Monroe Times

STATE VIEW

AG Van Hollen turns his back on the public By the Journal Times Racine

When state lawmakers created the provision in the Constitution limiting the ability to sue legislators who are in 2 session, there was reason behind it. We wouldn’t want legislators to be dragged away from the floor in shackles just because one group doesn’t like the legislator and decides to sue to avoid having a lawmaker cast a vote. If that happened, then some citizens 3 would lose their representative while the Legislature is on the floor debating and voting on bills. But there is a vast difference between a floor session, when legislators are actually on the floor debating 4 bills, and a legislative session, which covers an entire two-year period and then immediately starts anew after one session ends. Yet in a recent court filing, Wisconsin Attorney General J.B. Van

Hollen claimed, because of a provision in the Wisconsin Constitution, a Republican legislator is immune from any civil process while the Legislature is in session. The current legislative session started Jan. 7 of this year and goes through Jan. 5, 2015 and during that period Van Hollen says the lawmaker receives legislative immunity. The case at question pertains to state Sen. Leah Vukmir, R-Wauwatosa, who serves as the state charwoman of the American Legislative Exchange Council and sits on ALEC’s national board. The Center for Media and Democracy sued Vukmir in June for records pertaining to ALEC, but the Attorney General’s Office, which is defending Vukmir, filed a motion to quash the case on grounds of legislative immunity because the Legislature is in session. The problem is that after the current

legislative session ends, another one starts right up, meaning that based on Van Hollen’s opinion, lawmakers would never need to produce documents until they are out of office. That could be decades, and completely evades the intent of the open records law. Following media criticism, Van Hollen said in an opinion piece: “Open government is an essential tool to citizen-informed democracy, and I remain committed to using my position as attorney general to facilitate full compliance with the law. But I also took an oath to uphold the state constitution.” He points to Article IV, Section 15 of Wisconsin’s Constitution that states “Members of the legislature shall in all cases, except treason, felony and breach of the peace, be privileged from arrest; nor shall they be subject to any civil process, during the session of the legislature, nor for fifteen days next before the commencement and after

the termination of each session.” If that is the case, then Van Hollen should have provided the same guidance to state Sen. Jon Erpenbach, a Democrat, when the conservative MacIver Institute sued him for records although that case was supposedly different. Van Hollen declined to represent Erpenbach, and advised him to give MacIver the records. Van Hollen goes on to say he is following the constitution and if he hadn the media would be right to publish an article headlined, “Attorney general turns his back on the constitution.” OK, we will not say that. But based on his interpretation, Van Hollen may not be turning his back on the constitu tion, but he is turning his back on the public. While we understand the inten of the provision in the constitution, we do not think Wisconsin’s founders meant to create a secret state where cit izens can only learn about lawmaker’s actions decades after they occur.

ew:

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

participants who refuse to get a permit since September 2012. Stephanie Marquis, spokeswoman for the Department of Administration, which oversees the Capitol Police, referred all ques tions about the release of personal informa tion to the Department of Justice, noting that it "looks like this was something that

Isthmus 09/20/2013

a violation of federal or state law? It is unclear why Spaulding and others were provided any information on other pro testers or why sensitive personal information was not redacted before it was released. Rep. Chris Taylor (D-Madison), a vocal critic of the arrests of Solidarity Sing Along participants, called the release of confidential

171.000 tax forms with residents’ Social Secu rity numbers on the mailing labels, though only 115.000 were mailed. The state ended up pay ing just under $602,000 to monitor the credit of 28,477 residents whose Social Security numbers were exposed. The company that printed the booklets pitched in $110,000 toward the credit monitoring>

Camp Randall notice a burglar in their apartment. They return home to find three teenagers robbing their home. The residents hold one of the burglars until police arrive, but two others escape. ■ Eric S. Prunn, 40. allegedly stabs his girlfriend. Semilla Anderson. 32, at their east-side apartment 29 times and then refuses to allow her to call 911 until she agrees to tell tacked her.

Is attorney general playing politics?

“Basically it means lawmakers can never be sued," says Bill Lueders, president of the Wiscon sin Freedom of Information Council. "And the very fact they’ve been sued before successfully shows just how radical an interpretation it is." It also appears to be unprecedented nationally “This is a brand new defense to me,” says Kenneth Bunting, executive director of the National Freedom of Information Council. “I have heard of state legislatures that have said [their members] can’t be compelled to appear during session, but that is different from be ing entirely above the law.” Van Hollen defended his decision in a state ment Tuesday. He said he remained committed to open government but is bound to uphold a state constitutional provision stating that law makers “shall not be subject to any civil pro cess, during the session of the Legislature.” “Whether the framers’ decision to provide this unique protection to legislators was a proper balancing of interests is a debatable question,” Van Hollen said. “What is not de batable is my responsibility to defend its ap plication when it is invoked.” Van Hollen also responded to criticism that he chose to defend Vukmir, a Republican like himself, but not Sen. Jon Erpenbach, when the Democratic lawmaker from Middleton was sued by the conservative Maclver Institute for provid ing records with redacted personal information

someone

else

Monday, 9.16 ■ The Department of Justice settles a lawsuit against Wisconsin Auto Title Loans Inc., which was allegedly selling customers an optional service that cus tomers either thought they had to buy or

J.B. Van Hollen comes under fire for controversial open records defense isconsin Attorney General J.B. Van Hollen has stuck close to his conser vative roots since taking office in 2006. He has made defending the state’s Voter ID law — a Republican initiative — a priority. And he has refused to defend the state’s domes tic partnership law, which was championed by Democrats. But his handling of the state’s open records and meetings law rose above the fray of partisan politics —until now. Critics are lambasting Van Hollen’s decision n to argue in court that state Sen. Leah Vukmir, = a conservative Republican from Wauwatosa, is 3 immune from lawsuits while in office. Vukmir 5 is being sued by the liberal Center for Media £ and Democracy, which contends she violated : the state’s open records law by not turning over * documents related to an American Legislative * Exchange Council task force meeting she atj tended in May. Vukmir told the Center she had 3 no records from the meeting. | ALEC has come under intense scrutiny I in recent years for its practice of developing i model legislation in concert with corpora£ tions. The legislation is then pushed by con~ servatives in statehouses around the country. * Because the Wisconsin Legislature is 3 now a full-time body, the attorney general’s i contention that Vukmir has legislative im5 munity from the Center’s lawsuit could have 6 far-reaching implications.

police

Van Hollen argued that Vukmir complied with the open records request, while Erpenbach asserted he was not required to “disclose the name of any person who contacted his office about a controversial piece of legislation.” Attorney Susan Crawford, a former assis tant attorney general and chief legal counsel to Gov. Jim Doyle, doesn’t buy it. "Sen. Erpenbach won his case in the circuit court,” says Crawford, now a partner with Cul len, Weston, Pines & Bach, a frequent legal foe of Gov. Scott Walker’s administration. “There clearly was a viable legal defense that the AG was simply unwilling to make for political reasons. And this has become a pattern for this attorney general.” Crawford says attorneys in Van Hollen’s of fice have otherwise dutifully carried out their statutory functions relating to the state’s open records and meetings law. “I think what you’re seeing here is when the AG leaves it to his staff of civil servant attorneys to advise and counsel public officials on their ob ligations under the public records law, they do an excellent job,” says Crawford. But, she adds, “It seems clear to me that the AG has gotten in volved in this one for political reasons.” Dana Brueck, spokeswoman for Van Hollen, calls that assertion “absurd.” "Attorney Crawford's analysis has no basis in the law and belies the lack of a clear under stands af the tanlfi and the constitution.’>

were unaware they were paying for. The company agrees to pay $2.75 million into a restitution fund and eliminate all finance charges that accrued on 36,000 loans.

Tuesday, 9.17 ■

The state Senate approves, along par

ty lines, a bill that gives landlords more power over tenants. The bill allows them to hold people responsible for crimes thafcjoccur in their apartments and to immediately dispose evicted tenants.

property

from

COMPILED FROM LOCAL MEDIA

FORTUNES t

UP:

David

Bender.

The

Sierra

Club announces it will give the William O. Douglas Award on Sept. 21 to the Madison attorney. It writes. "Bender has sued dozens of Wisconsin polluters and has helped stop the construction of coalfired power plants across the country." I

DOWN:

Judge by

two

Unions.

William

Conley

Madison-area

U.S.

District

dismisses public

claims

employee

unions that Gov. Scott Walker's Act 10 violates their rights of free speech and equal protection.

September 24, 2013 2:22 pm /

Merrill Courier 09/20/2013

Page 4 MERRILL COURIER

OPINION

Letters to the Edito

EDITORIAL

HABITAT AUCTION

To the Editor: Merrill Habitat for Human ity’s Labor Day Fundraiser was a great success. We had excel lent donations from our Merrill Community and many people supported our mission through raffle ticket sales and bidding for items at the silent auction. We (From the Wisconsin Freedom of Information Council) The Wisconsin Freedom of Information Council is shocked and wish to extend our apprecia saddened that a member of the state Legislature is, with the help of tion to the Merrill Community the state Attorney General's Office, effectively claiming immunity for helping make our auction from the state’s Open Records Law. a success, which will help us to State Sen. Leah Vukmir, R-Wauwatosa, is advancing a legal build our next home.We wish argument that “would let all lawmakers ignore the Open Records to extend our appreciation to Law.” The senator claims she cannot be sued while the Legislature is the Merrill Courier, Foto News, in session and that the session extends for a legislator’s entire term. Wausau Daily Herald. WJMT. Our state's openness laws are fundamental to its ability to func WJFW - CH 12, for supporting tion as a democracy. Members of the Legislature, which passed these our fund raising efforts. laws, ought to respect that. We call upon Sen. Vulmir to reconsider A special thank you goes her position in light of the damage it could cause to the state. out to River Valley Bank for So far as we can recall, no lawmaker has ever before tried to sponsoring our organization ling this ruse. We are through the summer months. the Attorney We appreciate having their sup position it has taken, in its Sept. 11, port in press releases, display 2013 court filing. ing our scrapbooks, and selling The state Attorney General’s Office has statutory authority for raffle tickets. interpreting and enforcing the state’s openness laws. In the past, the Our annual Labor Day raf office has initiated legal action against members of the Legislature. fle brought in a lot of proceeds In fact, lawmakers have been sued for violating the Open Re for the Habitat for Humanity. cords Law on a number of occasions, listed below. They sometimes We wish to thank our dedicated lost, sometimes settled, and sometimes won. But in no prior instance Habitat Quilters, Miller Home did they claim to be above the law. Furnishings, Courtside Furni Wisconsin’s traditions of open government, including the abil ture, and Wal-Mart for their ity to litigate cases of alleged noncompliance, have served the state well. That is not a tradition with which we should dispense. Ye Olde Sweet Shoppe Eagle's Club - Gift Certificates - Gift Certificates and HISTORY

WHAT ARE THEY TRYING TO HIDE?

Lawmaker seeks ‘legislative immunity’ to openness

Antiques Prior cases of Open Records lawsuits against state of Wisconsin lawmakers: Wl State Journal v. Wl Joint Committee on Legislative Organization, Sen. Alan Lasse, Sen. Man/ Pan 3’s Company zer, Rep. John Gard, Dane County Case Number 2003CV003343. Brought by news media to obtain an inves - Gift Certificates tigative report into operations of the Joint Committee on Legislative organization. The report was released. Champs State of Wl v. David A Zien and Scott Gunderson, Dane County Case Number 2005CV002896. Brought by state Attorney General Peg Lautenschlager. alleging that the lawmakers were violating the law in not pro - Gift Certificates viding access to draft bills being shared with others. The case was dismissed by an appellate court because Auto Jockey’s Lautenschlager was no longer in office. Gift Certificates Wisconsin State v. Jeffrey Stone, Milwaukee County Case Number 2006CX000003. Brought by the Attorney General's Office under Peg Lautenschlager. The case was ultimately dismissed when Lauten- Dairy Queen schlager’s successor, J.B. Van Hollen, decided not to pursue it - Gift Certificates Democratic Party of Wl v. State Sen. Dan Kapanke, Dane County Case Number 2009CV003928. This Cellcom case settled when Sen. Kapanke produced the disputed records; he later promised to reimburse taxpayers Ice Crystal Speakers for attorneys fees. Lakeland Times v. Mark Miller, Dane County Case Number 2010CV002011 Minocqua-based news Subway paper sued state Sen. Mark Miller, for not providing records in response to a request The case was settled - Gift Certificates with Miller agreeing to pay fees and costs. One Wisconsin Now v. Alberta Darling, Dane County Case Number 2011CV003529. Liberal advocacy group sued state Sen. Darling over her failure to release records. CaseBook is World settled out of court with Darling agreeing to release the records and pay the group’s legal fees. - Musky Tour Books Center for Media & Democracy v. five state lawmakers, Dane County Case Number 2012CV003922. Mama De Luca's Pizza The same group now trying to sue Sen. Vukmir sued five state representatives (Jeremy Thiesfeldt, Pat - Gift Certificates Strachota, Tyler August Dan Knodl and Tom Larsen) for not providing records on request The lawmakers settled, agreeing to release the records and pay costs and fees. John K Maciver Institute v. Jon Erpenbach, McDonald's Grant County Case Number 2012CV000063. A conservative public policy group sued state Sen. Erpenbach, - Gift Certificates alleging he violated the open records law in redacting identifying information from requested records. A circuit Beacon Bar court judge ruled in E/penbach's favor but the case is on appeal.

PORK IN THE PARK HITS ITS MARK

Pictured above is Austin Dahl, ne the raffle tickets out on Labor Day.

generous donations. We are pleased to announce that we now have enough proceeds to )lan for building another home or a local family in need. The results of the raffle prize drawings are: Queen Size Quilt donated by Habitat Quilters -winner-Mike Shafel; $500.00 Gift Certificate for Miller Home Furnishings-win-

Chips - Gift Certificates

Bill Pitt -Wildli

River Street Antiques - Gift Certificate

Napa Auto Parts - Car Detailing Kit/Bucket

Pine G - Gift C

Cimino's - Gift Certificate

Hair For All - Gift Certificates

Ku'sWo - Gift C

Merrill Golf Course - Gift Certificates

Associated Bank -EssentialsTool Kit

LeRoy’s Barber - Nexus Shampoo

Trina Knospe - Champagne glasses/ Miller Beer Bucket

Pine Ri Gas Sta - Gift C

Brickne - Gift C

Checkered Chum - Coffee Mug

Robert/Janet Reimann - Onental/Wildlife/Wild Bird Print

John C - Hand horse b

Culver's - Gift Certificates

Hugo's Pizza - Pizza Party Pack

Bill/Ca -Wool

Images - Kenna Hair Care Set

Family Video - Gift Certificate

Design - Gift C

Qah/ns - Gift Certificate

Johnson's Gift - Halloween Basket

Briq's S - Gift C

Ed/Sharon's Restaurant - Gift Certificates

Fresh B - Gift C

Merrill Breamann Ford - Gift Certificates

Schmidt's Septic - Gift Certificates

Service

3rd graders, meet the

Pigs fly off the grill at chamber event By Jeremy Ratliff

Special to the Courier Saturday afternoon, the Merrill Chamber of Commerce show cased the first ever “Pork in the Park” event at the Merrill Area Recreation Center (MARC). I will admit, I was skeptical of just how well the event would progress; due to the annual MDA Fall Ride event in Tomahawk. After all, the biker event attracts thou sands from around the state, and the nation, to our smaller neigh boring city to the north. But according to preliminary stats from the Merrill Chamber of Commerce; the end result of “Pork in the Park” exceeded the furthest of expectations. Vendors not only found themselves “porkless” within hours of the event’s debut, but in turn saw over a thousand people partici pate in the event. As far as I’m concerned; the chamber cranked one out of the park in the name of future progress. No pun intended. There is little doubt as to the economic stimulus the fall ride pumps into Tomahawk. This year though, the Merrill masterminds derived a method of not only tapping into the rolling thunder which we all hear ev ery year; but in turn flip a considerable profit for our city. We as Merrillites are already witnessing a promising future in the making. In my eyes; the success of “Pork in The Park” is yet another golden block in laying the yellow brick road to the future of Merrill. In showing my optimism for Merill, I have been tagged a “dreamer”. I appreciate that title and embrace it wholeheartedly! “Pork in the Park” was a big hit, with hopefully many more to come.

Third grade students at Kate Goodrich and Washington El ementary are looking towards the future of learning with mo bile technology. When students returned to the classroom this year, they received an additional tool from their teachers to help them with their learning, an Ap ple iPad. Over the past five years the district has been looking into op portunities to bring mobile tech nology to their students. It started with introducing an open campus wireless network at Merrill High in 2008 according to Technol ogy Director Michael Giese. “We wanted to give the students the opportunity to bring in their own equipment and have access to Internet at any time.” From that start, the technology de partment focused their attention on upgrading the existing infra structure to support the demands which would be needed in the fu ture with the addition of wireless network and devices at all district locations The completion of that plan allowed the district to move forward with the purchase of mo bile devices. The decision to go with iP

September 24, 2013 2:23 pm /

ads came from a team of district personnel who investigated one to one technology ana traveled to other districts to see what wa available. One of the schools that really impressed them was Franklin Elementary in Wau sau. “Prinipal, John Euting and his staff were very welcoming and accommodating to our vis its last year. It was great for our 3rd grade teachers involved in our pilot to see the students at Franlclin using their iPads and so engaged in their learning. We look forward to collaborating with the staff at Franklin school as we begin to implement our 3rd grade pilot at Washington and Kate Goodrich,” said Kate Goodrich Elementary Principal Mark Jahnke. Introducing the students to the iPad is a joint effort with teachers and the district tech nology integration specialist Jim Hostvedt. ‘Tiach week the third grade teachers and myself meet to plan out meaningful lessons for their students. We look at their current curriculum, state standards, and the needs of the students. By keeping the goal of the le

Shawano

Summers’ nomination after some enterprising staffer thought to call him ask. Tester apparently Leaderand09/18/2013 felt that as a creature of Wall Street, Summers would be insensitive to the needs of community banks serving Main Street. Obama issued an inex plicable tribute to Sum mers’ alleged rescue of the U.S. economy. “Larry was a critical member of my team as we faced down the worst economic crisis since the Great Depres sion,” his statejjjgnt read. Another view is that Summers was one of the reasons for the worst economic crisis since the Great Depression. As an adviser to Presi dent Clinton, he helped block regulation of the derivatives market. For tunes were made in the speculation that ensued. Then the market collapsed and, with it, much of the economy. In 1996, the TYeasury was about to release a report suggesting that Fannie Mae and Freddie Mac be privatized — that is, an end to the implied taxpayer guarantee of the mortgage giants’ securi ties. Then-Deputy Treasury Secretary Summers basi cally forced the Treasury's economists to rewrite the report. You see, his boss, Robert Rubin, was a pal of Jim Johnson’s, the Fannie Mae CEO making many millions off the sweet abil ity to push his risk onto the taxpayers. “Nobody has bullied me in my adult life the way that Larry did on this one,” a TVeasury staffer told Gretchen Morgenson, reporting for her book “Reckless Endangerment.” Fannie Mae jumped into the subprime mort gage frenzy. Twelve years later, it had to be saved with a massive taxpayer bailout. Elevated to TVea sury secretary in 1999, Summers cleared the road for the coming economic debacle by helping strike down Glass-Steagall, the Depression-era law forbid ding commercial banks to engage in the investment business. Of late, Summers has been busily scooping up millions on Wall Street. He consults for Citigroup and a huge hedge fund and serves on numerous boards. His price may fall a bit, now that he won’t be Fed chair, but he’s doing fine. As for us, let’s be glad that Larry Summers is out of the running.

the day before the rampage. WASHINGTON

Poverty rate stays at 15 percent The nation’s poverty rate re-

AROUND

THE

AG must defend lawmaker in lawsuit Wisconsin’s open records laws apply to legislators, but they can claim immunity from lawsuits seeking their docu ments, Attorney General J.B. Van Hollen said Tuesday. Van Hollen, a Republican, has been criticized after the state Justice Department ar gued in court filings last week that the Wisconsin Constitution grants Sen. Leah Vukmir im munity from a Center for Media and Democracy lawsuit seek ing records from an American Legislative Exchange Confer ence she attended. The lawsuit noted Vukmir, R-Wauwatosa, has turned over nine pages at CMD’s request but alleges she must have more in her possession. The attorney general re leased a statement Tuesday say ing the Wisconsin Constitution says lawmakers aren’t subject

THE

than 50 businesses in the two towns. Seaside Heights Mayor William William Akers said there is no issue with poten tially compromised wiring on the surviving sections of the boardwalk.

to civil lawsuits while the Legis lature is in session and Vukmir has invoked that privilege.

parents of the results.

MADISON

MILWAUKEE

MADISON

District drops letter grades for K-8

Senate approves tougher pot sanctions

to electrical wiring

STATE

MADISON

AROUND

The massive fire that de stroyed part of a Jersey shore boardwalk and dozens of busi nesses began accidentally in wiring damaged in Superstorm Sandy, and should prompt

rate had failed to improve, the Census Bureau reported Tues day. Median income for the na tion’s households was $51,017, also unchanged from the pre vious year after two consecu tive annual declines, while the

The state’s largest school district is replacing its letter grade system for K-8 students with a broader evaluation sys tem that separates academic progress from behavioral is sues. Milwaukee Public Schools will offer an updated report card that identifies the skills students need to master in each grade level. The corresponding letter grades will be replaced with an AD for advanced, PR for proficient, BA for basic and MI for minimal, the Milwaukee Journal Sentinel reported. Students will still be judged on work habits, behavior and effort, such as following rules or arriving to class prepared. But that feedback will be sepa rated into a different measure and rated on a scale of 1 to 4.

The state Senate has ap proved a Republican bill that would expand the authority of cities and villages to enforce marijuana ordinances after district attorneys decline to prosecute. Under current state law, municipalities can enact and enforce ordinances prohibit ing possession of 25 grams or less of marijuana or synthetic marijuana. But they can’t prosecute those who possess more than 25 grams or for second-offense possession of any amount. The bill passed on a biparti san 24-9 vote Tuesday would al low for municipalities to enact ordinances prohibiting posses sion of any amount of marijua na and give them the authority to prosecute second offenses. The bill now goes to the state Assembly.

But if signs emerge that Syria is not fulfilling the agree ment or there are reports of further chemical weapons use, “then the Security Council will examine the situation,” Lavrov said.

caused by Manuel. Federal officials said it could take at least another day to open the main highway to Aca pulco, which was hit by more than 13 landslides from sur rounding hills.

phasized the importance of re storing the nation’s civic pride by righting the Concordia, up right for the first time since the Jan. 13, 2012, shipwreck that killed 32 people near Giglio Is land.

MEXICO

ITALY

GERMANY

Help slowly reaching Acapulco

Concordia success boosts pride for Italy

European auto sales hit new low

Emergency flights began ar riving in Acapulco on Tuesday to evacuate some of the tens of thousands of tourists stranded in the resort city by flooding and landslides that shut down the highway to Mexico City and swamped the international air port. The death toll rose to 38 from the combined punch of TVopical Storm Manuel, which hit Acapulco and hundreds of miles of Mexico’s Pacific Coast, and Hurricane Ingrid, which battered the Gulf Coast over the weekend. As many as 60,000 tourists found themselves stranded in Acapulco, with the airport flooded and highways blocked by landslides and flooding

The extraordinary righting of the Costa Concordia from its watery Tuscan graveyard has given Italy a boost of sorely needed pride, helping erase the shame many felt after an Ital ian captain took the cruise ship off course in an apparent stunt, crashed it and then abandoned ship before everyone was evac uated. It didn’t seem to matter that the chief salvage master was from South Africa or that his 500-member crew hailed from 26 different nations. Italy, beset by two years of recession and political instability, had pulled off an unprecedented engineer ing feat as the world watched live on television. Premier Enrico Letta em

Car sales in Europe are still sagging despite the return of modest economic growth. For the first eight months of the year, passenger car sales in the European Union were off 5.2 percent to 7.84 million com pared with the same period last year, the European Automobile Manufacturers’ Association said Tuesday. That’s the lowest January-August figure since the group started keeping track in 1990. The economy in the 28-coun try EU grew 0.4 percent in the second quarter, ending a reces sion. But the unemployment rate remains high at 11.0 per cent making many consumers unable or afraid to buy a new car.

Most schools, districts meet expectations The majority of Wisconsin public schools and districts meet or exceed expectations as graded on report cards re leased Tuesday by the Depart ment of Public Instruction. Milwaukee Public Schools was the only district in the 2012 academic year that failed to meet expectations, the low est ranking. Ten other districts met few expectations, the sec ond-lowest ranking. This is the second year the state Department of Public In struction released report cards for all public schools and first with districtwide data. The report cards were provided to school districts a month ago to be vetted, and many have already informed

WORLD

MOSCOW

Russia opposes use of force in Syria Russia insisted Tuesday that a U.N. Security Council resolu tion governing Syria’s handling of its chemical weapons not al low the use of force, but it sug gested that could change if Da mascus reneges on the deal to give up its stockpile. The main Syrian opposition coalition, meanwhile, urged the international community to take swift action against the regime of President Bashar Assad in response to a U.N. finding that the nerve agent sa rin was used in a deadly attack near the capital last month. Russian Foreign Minister Sergey Lavrov said his country “spoke clearly” about rejecting the use of force when the chem ical weapons agreement was worked out Saturday in Ge neva between Washington and Moscow. The plan calls for an inventory of Syria’s chemical weapons within a week, with all components of the program out of the country or destroyed by mid-2014.

QUOTE OF THE DAY

"Most, if not all, the evidence would suggest the economy is improving." JIM DUNIGAN, managing executive of investments for PNC Wealth Management in Philadelphia, after stocks rose on Tuesday as the Federal Reserve began a two-day meeting where the Fed might reduce its bond-buying program

c 2013 The Providence Journal

September 24, 2013 2:24 pm /

Krisik of WI Group ry, WI

the street, as I had some valu- it had MN plates. I know it had assume it is because they were they will say “what?” ables in the back and wanted to some minor damage, as I have a either drinking or doing somekeepAmery an eye on it. As I was09/24/2013 about piece of its plastic mirror housthingto(i.e. texting, the phone, Free Press Copy Reduced %d%% from on original to fit letter page to take a bite, a late model Chevy ing, but my mirror was complete- etc.) that would make them clearSilverado, extended cab and silly destroyed. It will cost around ly responsible.

Rick Gates Amery

Openness applies to lawmakers, too Should Wisconsin legislators have complete immunity to lawsuits while they are in office and perhaps beyond? That’s the assertion that State Sen. Leah Vukmir, R-Wauwatosa, makes in a legal argument to an open-records lawsuit with support from Republican Attorney General J.B. Van Hollen. If that ridiculous assertion is legally upheld, we might as well hang a sold sign on the front door of the Capitol because we will have lost the war to special interests. A lawsuit filed by the liberal Center for Media and Democracy contends that Vukmir has violated state open-records law because she has not turned over

records concerning her involvement with the American Legislative Exchange Council. ALEC is a conservative group that works with legislators around the country with plug-and-play legislation that can be introduced in any state. Although Wisconsin Republican leaders downplay the influence of ALEC, one needs only look at key legislative bills passed since 2011 that are directly from the ALEC playbook, including tort reform, telecommunications deregulation, voter identification, school vouchers and others. Vukmir has been an ALEC state chairwoman whose job is to push ALEC bills, and she is the group’s national treasurer.

Other legislators who have been sued by the Center for Media and Democracy have either turned over documents, admitted they violated the open-records law or continue to fight. Wisconsin’s constitution says lawmakers are not subject to being sued during the legislative session. That’s an important protection to allow our legislators to work independently and without threats of intervention. But Vukmir — through a motion filed on her behalf by Van Hollen’s office — contends that the legislation session lasts the entire term or perhaps even beyond that. So, in other words, the public is not entitled to ever know,

at any time, who has contacted their legislators, what documents they have received and who has their ear. That goes against the very principles of transparency and open government and would open wide the door to corruption. Each year, Van Hollen holds public records and open-meetings law sessions around the state to help inform local government officials and others about the state’s laws. It’s disappointing he thinks state legislators are apparently above the laws with which everyone else must comply. — La Crosse Tribune, Sept. 15

September 25, 2013 1:26 pm /

Kenosha News 09/24/2013

Copy Reduced to %d%% from original to fit letter page

Commentary

KENOSHA NEWS | TUESDAY, SEPTEMBER 24, 2013 | A9

Public employees’court victory may be short-lived Exchange Council. In addition to saying Vukmir has already fulfilled the open records request, Van Hollen argues the provision in the constitution shielding lawmakers from “civil process” during the legislative session protects her from the suit. In addition, the Legislature has the sole power to define the length of its session, and it essentially doesn’t adjourn. But critics howl the stance would essentially gut the law because lawmakers couldn’t be challenged from the day they walk into the Legislature until the day they leave office.

BY THE EDITORS OF WISPOLITICS.COM

Political Stock Report

Rising Public employees: Shortly after a federal judge dealt them a setback in court, government workers get good news from a Dane County judge. Both sides of a suit before Judge Juan Colás have argued for months about the impact of his decision that some of Gov. Scott Walker’s collective bargaining law is unconstitutional and cannot be enforced. While public employees insisted it applied to all of their union brethren, the state insisted the impact was limited to the parties involved in the suit. Colás weighs in, writing the state may not enforce the provisions he nullified on any public employees, including those not party to the suit. But he also declines to issue an injunction preventing the state from enforcing Act 10 on the other government employees. Colás writes he can only issue an injunction affecting those directly involved in the suit. Both sides claim a piece of victory in the suit. But in the end, some say, it’s likely the public employees’ celebration will be short-lived. The governor and his boosters don’t appear fazed by any Dane County rulings in favor of the other side anymore, content to wait for round two with the appeals court, believing they’ll get a fairer shake there. Walker backers also believe the conservative-minded Supreme Court is their ultimate trump card in these legal skirmishes. Landlords: The tenant-landlord relationship is on the verge of taking another tilt toward the owners. The Senate approves legislation requiring courts to hand over apartments to landlords immediately after they win a court case, allowing landlords to tow vehicles on private property without a parking citation as long as law enforcement is notified and permitting landlords to evict tenants if a crime is commit-

An inside look at state politics

ted on the property, with exceptions for crimes that involve sexual or domestic abuse or stalking. Backers say it levels a playing field they believe has been stacked too long against landlords. Local road spending: After cutting maintenance in 2009 and 2010 thanks to the Great Recession, the state’s largest cities increased road spending 3.8 percent in 2011, according to the Wisconsin Taxpayers Alliance. While the per capita spending of $116 is still below the 2008 mark of $122, the overall rise eclipses the increase in overall city and village spending.

Mixed Mary Burke: There’s good and bad in the latest Public Policy Polling survey for the Madison School Board member and possible guv candidate. On the one hand, Gov. Scott Walker is below 50 percent. On the other, very few voters know who Burke is and a fifth of those responding to the poll have a negative opinion of her. The PPP polls find Walker leading Burke 48 percent to 42 percent, a similar spread to matchups between Walker and Assembly Minority Leader Peter Barca, state Sen. Kathleen Vinehout and Outagamie County Exec Tom Nelson. Still, 61 percent of respondents don’t have an opinion of Burke, while 18 percent have a favorable view of her and 21 percent an unfavorable view. Dems argue that’s actually not a bad starting point. Meanwhile, some see the building fight over a proposed off-

reservation casino in Kenosha as a possible headache for Walker. The Forest County Potawatomi, deeply opposed to the project, has shown a willingness in the past to pump big dollars into politics. Some believe if Walker nixes the project — as many expect him to do considering the high bar he’s set — he could ensure the tribe doesn’t throw its weight behind a Dem candidate next fall. The downfall, some say, is going against the project could also rankle swing voters in Kenosha and Racine counties considering the number of jobs casino backers say would be created in the area if the project goes forward. Others, though, say Walker would lose more support if he broke with his previous standard and note the number of companies that have moved into the Kenosha area under Walker’s watch will help him with voters there concerned about jobs. Scott Suder: The former Assembly majority leader finally gets his job with the PSC. But the Abbotsford Republican slides into the spot with a big of a cloud hanging over him, insiders say. Suder

resigned his Assembly seat Sept. 3, but it took almost two weeks for an appointment letter to be finalized with his Oct. 7 start date and salary of $94,000, almost twice what he was making in the Legislature. As the days passed, some wondered whether that was a sign there was some hangup with the appointment, especially as the United Sportsmen mess continued to play out. Suder was a key figure in the creation of the DNR grant in the budget that ultimately went to the politically connected group only to be nixed by Walker following one bad headline after another.

Falling J.B. Van Hollen: The AG may have a legal leg to stand on in arguing the state constitution shields a GOP lawmaker from an open records lawsuit. But it’s a political loser for him, insiders say. Newspaper editorials across the state take Van Hollen to task for his defense of GOP state Sen. Leah Vukmir in a suit filed by the liberal Center for Media and Democracy seeking documents regarding her relationship with the American Legislative

Brett Hulsey: Colleagues continue to watch the Madison Dem’s saga with a mix of amusement, befuddlement, annoyance and downright concern. In the latest development, WisPolitics.com reports that Hulsey has been using a 1987 convertible he purchased with campaign funds to drive to work and travel to Wausau for office hours with college students. Hulsey says he paid for the gas out of his own pocket and believed he had the OK from the GAB. But the agency says it warned Hulsey he couldn’t use the campaign car for personal use, including driving to work.His strained relationship with the Assembly Dem caucus also continues to worsen after a meeting with Minority Leader Peter Barca and Assistant Minority Leader Sandy Pasch that Hulsey acknowledges “did not go well.” WisPolitics.com also reports Hulsey approached Speaker Robin Vos prior to the budget vote this summer seeking to join the GOP caucus..But a Vos spokeswoman says Hulsey was told he either had to earn a spot in the GOP caucus at the ballot box or through his votes — essentially a polite thanks but no thanks.

WisPolitics.com is an online magazine based in Madison.

Advice Affair with trainer taxes relationship fitness Dear Amy: Nine months ago I ended an abusive and destructive relationship. For the past six months I have been in a happy relationship. In my previous destructive relationship, I ended up cheating on my boyfriend. This was a horrible mistake but also a way for me to finally find a way out of the relationship. I make no excuses for my actions. The person I cheated with is my personal trainer, who was (and still is) dating someone else. I have no feelings for this person, but I continue training with him, even though he sometimes makes comments (which I don’t appreciate) that allude to our past mistake. I feel this isn’t fair to my current boyfriend. If he knew my past with my trainer, he would be upset. However, it seems silly to get a new trainer. I have

Ask Amy Amy Dickinson

and privacy in my life has vanished. My sister’s children are, to put it kindly, brats of the worst kind. They yell, scream, constantly fight and make noise. (The community we live in does not permit residents to make noise that violates the rights of others in the community.) I am fed up and angry with my sister’s daughter living in our home; it is cramped, and she does nothing to control her brats. I don’t know how much

Bedridden person can ring the bell Dear Heloise: My sisterin-law was bedridden, and my brother-in-law had just retired and had lots to do around the house. Every time he would go outside, she would call him. Sometimes he couldn’t hear her, so he couldn’t go out to the garage. We bought them a battery-powered doorbell and had him put the doorbell ringer on her headboard. One bell was in the back family room, and the other in the garage. When she needed him, she just pushed the doorbell ringer, and he could come running. It was such a blessing to both of them. — Marianne D. in Kansas This is a good hint for anyone who is a nurse to someone who’s sick at home. With cold and flu season coming up, I’d say it’s time to buy a cheap doorbell! — Heloise

Pretty potted plants Dear Heloise: I lose plant markers or they blow away. I can’t always tell the difference between the herbs just by looking. My daughter thought it’d be cute for all the pots to be the same, so we painted them with black chalkboard paint. We then used chalk to label each pot with the plant name and other important information. Luckily, you can’t lose the marker if it IS the pot! — Caroline D. in Iowa

Easy fix

Overprotective parents are driving daughter out Dear Abby: I’m a 23-yearold woman who still lives at home. I have been working for the last five years and have saved enough to live comfortably on my own. Unfortunately, my parents have forbidden me to do it because they think I’m being manipulated into it by my boyfriend, that I just want to “do whatever I want” and be out until late their threat to disown you (although I’m rarely up is serious or not. However, past 9 p.m. and they know if it is, realize it’s a form it), and because I “can’t of blackmail, and you will stand them” anymore. have to decide which is more I have no privacy! My important — your freedom or mail is opened “mistaktheir support. enly” and my calls are Dear Abby: “Lights Out listened in on even when I in Federal Way, Wash.” politely — and sometimes (Aug. 13) asked if it was a angrily — ask them not to. “sign” that her deceased They have even imposed a rule that I must show them parents were watching over her when streetlights my bank balance weekly. would go out as she drove They have told me I will not leave the house without under them on her way being married first. I would home. I understand your desire September / like to live on25, my 2013 own 1:27 pm to give encouragement to before I actually marry so someone who has lost her I can experience what it’s loved ones, but don’t you

Racine, The Journal Times 09/24/2013

Copy Reduced to %d%% from original to fit letter page

OUR PERSPECTIVE

Van Hollen turns his back on the public When state lawmakers created the provision in the Constitution limiting the ability to sue legislators who are in session, there was reason behind it. We wouldn’t want legislators to be dragged away from the floor in shackles just because one group doesn’t like the legislator and decides to sue to avoid having a lawmaker cast a vote. If that happened, then some citizens would lose their representative while the Legislature is on the floor debating and voting on bills. But there is a vast difference between a floor session, when legislators are actually on the floor debating bills, and a legislative session, which covers an entire two-year period and then immediately starts anew after one session ends. Yet in a recent court filing, Wisconsin Attorney General J.B. Van Hollen claimed, because of a provision in the Wisconsin Constitution, a Republican legislator is immune from any civil process while the Legislature is in session. The current legislative session started Jan. 7 of this year and goes through Jan. 5, 2015 and during that period Van Hollen says the lawmaker receives legislative immunity. The case at question pertains to state Sen. Leah Vukmir, R-Wauwatosa, who serves as the state charwoman of the American Legislative Exchange Council and sits on ALEC’s national board. The Center for Media and Democracy sued Vukmir in June for records pertaining to ALEC, but the Attorney General’s Office, which is defending Vukmir, filed a motion to quash the case on grounds of legislative immunity because the Legislature is in session. The problem is that after the current legislative session ends, another one starts right up, meaning that based on Van Hollen’s opinion, lawmakers would never

need to produce documents until they are out of office. That could be decades, and completely evades the intent of the open records law. Following media criticism, Van Hollen said in an opinion piece: “Open government is an essential tool to citizeninformed democracy, and I remain committed to using my position as attorney general to facilitate full compliance with the law. But I also took an oath to uphold the state constitution.” He points to Article IV, Section 15 of Wisconsin’s Constitution that states “Members of the legislature shall in all cases, except treason, felony and breach of the peace, be privileged from arrest; nor shall they be subject to any civil process, during the session of the legislature, nor for ﬁfteen days next before the commencement and after the termination of each session.” If that is the case, then Van Hollen should have provided the same guidance to state Sen. Jon Erpenbach, a Democrat, when the conservative MacIver Institute sued him for records, although that case was supposedly different. Van Hollen declined to represent Erpenbach, and advised him to give MacIver the records. Van Hollen goes on to say he is following the constitution and if he hadn’t the media would be right to publish an article headlined, “Attorney general turns his back on the constitution.” OK, we will not say that. But based on his interpretation, Van Hollen may not be turning his back on the constitution, but he is turning his back on the public. While we understand the intent of the provision in the constitution, we do not think Wisconsin’s founders meant to create a secret state where citizens can only learn about lawmaker’s actions decades after they occur.

Kids Connection. Due to o volunteers, the playgroun surrounding property now amazing and we hope it co to be enjoyed by families a children in the future. No asking the public for ﬁnancial help. In 2000 we allocated $2 for ongoing maintenance was held in a segregated f only for this playground. Kids Connection has been supporting for 13 years (at cost to taxpayers); but sup costly. To keep it in top co it needs re-sealing, painti and wood chips every 2-3 Our maintenance fund is completely depleted and w to ask the public to step fo to help replenish the main fund. No donation is too s If you can help, we can ma happen. Donors can send a taxdeductible donation to th Kids Connection Playgrou Maintenance Fund, c/o th of Caledonia, 6922 Nicho Road, Caledonia, WI 5310 you!

Juliet Primuth

General Coordinator, Kids Con Community Built Playground

Ideological inconsistency

I have observed somethi over the past several mon reading the Opinion secti your paper. Opinions from

LETTERS POLICY

Letters submitted for publication sho subjects of general interest and no more words in length. Anonymous or unsigned not be published. Letters must include the writer’s nam age and telephone number. Phone numb used to authenticate letters and will not b unless specifically requested by the write Upon request, mailing addresses will b Contributors are limited to one letter e While we do not publish letters from grou political candidates, we will carry letters d candidates and campaign issues.

Shedding li

The following editorial appe the Los Angeles Times on Th In releasing an opinion b a secret court approving t bulk collection of Americ telephone records, the dir of national intelligence m have thought he would bo support for the breathtak broad program whose exis was revealed by former N Security Agency contract Edward Snowden. But Judge Claire Eagan’s explanation of the legal justiﬁcation for the progr unpersuasive, and her sug September 25, 2013 1:28 pm / that members of Congres the details of the program

Chaos among House Republicans

Baraboo News Republic 09/25/2013

Editor  Ben Bromley, Assistant Editor  Stephen J. Rundio III, Reader Member Opinions expressed here are not necessarily those of the Copy Reduced to %d%% editorial board or this paper. Opinions expressedfrom by the original editorial board will be labeled a News Republic Editorial.

to fit letter page

ANOTHER VIEW

hen state lawmakers created the provision in the Constitution limiting the ability to sue legislators who are in session, there was reason behind it. We wouldn’t want legislators to be dragged away from the floor in shackles just because one group doesn’t like the legislator and decides to sue to avoid having a lawmaker cast a vote. If that happened, then some citizens would lose their representative while the Legislature is on the floor debating and voting on bills. But there is a vast difference between a floor session, when legislators are actually on the floor debating bills, and a legislative session, which covers an entire two-year period and then immediately starts anew after one session ends. Yet in a recent court filing, Wisconsin Attorney General J.B. Van Hollen claimed, because of a provision in the Wisconsin Constitution, a Republican legislator is immune from any civil process while the Legislature is in session. The current legislative session started Jan. 7 of this year and goes through Jan. 5, 2015 and during that period Van Hollen says the lawmaker receives legislative immunity. The case at question pertains to state Sen. Leah Vukmir, R-Wauwatosa, who serves as the state charwoman of the American Legislative Exchange Council and sits on ALEC’s national board. The Center for Media and Democracy sued Vukmir in June for records pertaining to ALEC, but the Attorney General’s Office, which is defending Vukmir, filed a motion to quash the case on grounds of legislative immunity because the Legislature is in session. The problem is that

after the current legislative session ends, another one starts right up, meaning that based on Van Hollen’s opinion, lawmakers would never need to produce documents until they are out of office. That could be decades, and completely evades the intent of the open records law. Following media criticism, Van Hollen said in an opinion piece: “Open government is an essential tool to citizen-informed democracy, and I remain committed to using my position as attorney general to facilitate full compliance with the law. But I also took an oath to uphold the state constitution.” He points to Article IV, Section 15 of Wisconsin’s Constitution that states “Members of the legislature shall in all cases, except treason, felony and breach of the peace, be privileged from arrest; nor shall they be subject to any civil process, during the session of the legislature, nor for fifteen days next before the commencement and after the termination of each session.” If that is the case, then Van Hollen should have provided the same guidance to state Sen. Jon Erpenbach, a Democrat, when the conservative MacIver Institute sued him for records, although that case was supposedly different. Van Hollen declined to represent Erpenbach, and advised him to give MacIver the records. Van Hollen goes on to say he is following the constitution and if he hadn’t the media would be right to publish an article headlined, “Attorney general turns his back on the constitution.” OK, we will not say that. But based on his interpretation, Van Hollen may not be turning his back on the constitution, but he is turning his back on the public. While we understand the intent of the provision in the constitution, we do not think Wisconsin’s founders meant to create a secret state where citizens can only learn about lawmaker’s actions decades after they occur.

Do we still need Miss Ame

ews from this month’s Miss America Pageant blew me away. I was amazed: Not that a winner of Indian-American descent was crowned, but that there still is a Miss America pageant. I had assumed this bit of Americana had become an anachronism. Its time seemed to have passed, like telephone booths, encyclopedias and Bret Michaels. I mean really, an institution designed to heap praise on the prettiest, most popular girl? We already have such a thing: It’s called high school. But after learning how some yokels reacted to the outcome, I decided we might still need Miss America, after all. Nina Davuluri of New York was crowned Miss America, the first IndianAmerican to win the crown. Theresa Vail of Kansas also broke a barrier, proudly brandishing her tattoos in the swimsuit competition. It’s good to see the pageant is joining the rest of us in the 21st century. You know you’re behind the times when you consider tattoos cutting-edge. You

ben bromley it’s a funny thing can’t even find grannies without ink these days. Some people see the pageant as a charming nod to a time when June Cleaver prepared dinner in an apron and heels as Ward put his feet up and read his evening newspaper. Others see the pageant as an offensive objectification of women. These are the types who would whack Ward over the head with his paper until he got up and helped with the casserole. It’s hard to argue with those who say the pageant celebrates the very phenomenon — recognizing women only for their looks — that so many have worked to eliminate from daily life. You can talk all you want about the contestants’ socially conscious platforms,

Go online at www.baraboonewsrepublic.com and vote on

lack s have and In “Miss Al Qa befor jokes. who n throw Th the ne poise — jus argum eant’s peopl atten ica, a peopl on wh be Am Ha to you ing ar and h that’s gals w — see And y exerc mote sity — Asian deaf w crown still b Amer sure t near B

Fol Ben B

Mailbag On jobs and mobility When young, many of us had summer or after school jobs. We were hired for these jobs, not for the experience or wisdom we brought to the workplace, but for our ability to lift stuff like bales of hay, half barrels of beer, and the winter’s mix of straw and manure from calf pens; and most importantly, the expectation that we were going to show up every day. My first job on a farm paid $2 a day. I was 13 years old and I couldn’t wait to get there every day. Subsequently, jobs through high school and college came with increasing responsibility, more pay, and sometimes less back strain. In a word, these early work experiences develop a record of reliability and performance that produce upward mobility.

The pessimist, Bill Dagnon, would have us believe that our efforts counted for nothing; instead our successes relate to choosing parents with high income and educational levels. An idea half done at best. By this standard, I was definitely pointed toward failure. My father finished eighth grade, my mother ninth. We had little of material wealth. What response then to Dagnon’s premise? Perhaps the lack of multiple safety nets stiffens one’s resolve not to slip from the wire. Poverty is the natural and logical outcome of programs and government interventions that distort markets and permanently lock people into government dependence. The “Great Society” programs of the 1960s promised the end of poverty, while creating

destruction that resulted in the breakdown of families and drastic increases in crime. Poverty has been affected not at all, merely redefined, the work of politicians. These programs have thrust upon their recipients a slavery of the will and spirit and deprived them of initiative, the true driver of upward mobility. Dagnon speaks of economic upward mobility as being unattainable and then moves to the “all men are created equal” argument from the Declaration of Independence, perverting the framers’ original intent by slyly inferring equal outcomes rather than equal opportunity. His trap is sprung. We do not lack for government programs; rather, we have a surfeit of them. Medicaid, Medicare, Social Security, unemployment benefits, income tax credits, food stamps, housing allowance, and more

too nu All ke fortab rather uncom Benja ished Ih Dagno grams the up have t incen freedo accor Peopl out of stay in it just that D total r happe last p It i this s that t are st clean

Letters

We welcome letters to the editor. Please type or print your name, address and phone number and sign you only your name and town. Other information is for verification. We reserve the right to edit letters for gram spelling, libel and clarity. Letters must be kept to 500 words or less. Letters from local people or about loc ity. We will not run unsigned letters. We reserve the right not to publish a letter. Send letters to Editor, Bara 714 Matt’s Ferry Road, P.O. Box 9, Baraboo, WI 53913; fax (608) 356-0344 or email bnr-editorial@capitaln

Doonesbury: By Garry Trudeau September 26, 2013 1:40 pm /

Web poll

or point out that winners get scholarships to further their education. But make no mistake, this event is all about babes in bikinis. The New York Times has reported that the talent show and interviews — the pageant’s response to feminist criticism — get the lowest ratings, with only the swimsuit competition drawing viewers. The pageant has bounced around in recent years, moving from Atlantic City to Las Vegas and back, from ABC to cable and back, and from September to January and back. And while TV ratings flagged for decades, they’ve risen in recent years, signaling that Miss America isn’t ready to wave (elbow, elbow, wrist-wrist-wrist) goodbye just yet. Once upon a time, Miss America was a national icon, the female equivalent of the president. But neither one commands the same level of respect anymore. And sadly, both are expected to carry around their birth certificates to prove they’re American. Davuluri’s win sparked racist outrage among those who

Daily Register Editorial Board

Portage Daily Register 09/25/2013

 Matt Meyers, General Manager  Jason Maddux, Editor  Michael Thompson, Assistant Editor

Copyexpressed Reduced tonecessarily %d%% Opinions here are not those from of the editorial board or this paper. Opinions expressed by the editorial board will be labeled a Daily Register Editorial.

original to fit letter page

Another View

Van Hollen turns back on public The following editorial was published Wednesday in the Journal Times of Racine, a Lee Enterprises Newspaper. Lee Enterprises is the parent company of Capital Newspapers, which owns this newspaper. hen state lawmakers created the provision in the Constitution limiting the ability to sue legislators who are in session, there was reason behind it. We wouldn’t want legislators to be dragged away from the floor in shackles just because one group doesn’t like the legislator and decides to sue to avoid having a lawmaker cast a vote. If that happened, then some citizens would lose their representative while the Legislature is on the floor debating and voting on bills. But there is a vast difference between a floor session, when legislators are actually on the floor debating bills, and a legislative session, which covers an entire two-year period and then immediately starts anew after one session ends. Yet in a recent court filing, Wisconsin Attorney General J.B. Van Hollen claimed, because of a provision in the Wisconsin Constitution, a Republican legislator is immune from any civil process while the Legislature is in session. The current legislative session started Jan. 7 of this year and goes through Jan. 5, 2015 and during that period Van Hollen says the lawmaker receives legislative immunity. The case at question pertains to state Sen. Leah Vukmir, R-Wauwatosa, who serves as the state charwoman of the American Legislative Exchange Council and sits on ALEC’s national board. The Center for Media and Democracy sued Vukmir in June for records pertaining to ALEC, but the Attorney General’s Office, which is defending Vukmir, filed a motion to quash the case on grounds of legislative immunity because the Legislature is in session. The problem is that after the current legislative session ends, another one starts right up, meaning that based on Van Hollen’s opinion, lawmakers would never need to produce documents until they are out of office. That could be decades, and completely evades the intent of the open records law. Following media criticism, Van Hollen said in an opinion piece: “Open government is an essential tool to citizen-informed democracy, and I remain committed to using my position as attorney general to facilitate full compliance with the law. But I also took an oath to uphold the state constitution.” He points to Article IV, Section 15 of Wisconsin’s Constitution that states “Members of the legislature shall in all cases, except treason, felony and breach of the peace, be privileged from arrest; nor shall they be subject to any civil process, during the session of the legislature, nor for fifteen days next before the commencement and after the termination of each session.” If that is the case, then Van Hollen should have provided the same guidance to state Sen. Jon Erpenbach, a Democrat, when the conservative MacIver Institute sued him for records, although that case was supposedly different. Van Hollen declined to represent Erpenbach, and advised him to give MacIver the records. Van Hollen goes on to say he is following the Constitution and if he hadn’t the media would be right to publish an article headlined, “Attorney general turns his back on the Constitution.” OK, we will not say that. But based on his interpretation, Van Hollen may not be turning his back on the Constitution, but he is turning his back on the public. While we understand the intent of the provision in the Constitution, we do not think Wisconsin’s founders meant to create a secret state where citizens can only learn about lawmaker’s actions decades after they occur.

Go online at www.portagedailyregister. com and vote on our poll question: Should Obamacare be implemented as scheduled in October?

Do we still need Miss Am N ews from this month’s Miss America Pageant blew me away. I was amazed: Not that a winner of Indian-American descent was crowned, but that there still is a Miss America pageant. I had assumed this bit of Americana had become an anachronism. Its time seemed to have passed, like telephone booths, encyclopedias and Bret Michaels. I mean really, an institution designed to heap praise on the prettiest, most popular girl? We already have such a thing: It’s called high school. But after learning how some yokels reacted to the outcome, I decided we might still need Miss America, after all. Nina Davuluri of New York was crowned Miss America, the first Indian-American to win the crown. Theresa Vail of Kansas also broke a barrier, proudly brandishing her tattoos in the swimsuit competition. It’s good to see the pageant is joining the rest of us in the 21st century. You know you’re behind the times when you consider tattoos cutting-edge. You can’t even find grannies

Ben Bromley it’s a funny thing without ink these days. Some people see the pageant as a charming nod to a time when June Cleaver prepared dinner in an apron and heels as Ward put his feet up and read his evening newspaper. Others see the pageant as an offensive objectification of women. These are the types who would whack Ward over the head with his paper until he got up and helped with the casserole. It’s hard to argue with those who say the pageant celebrates the very phenomenon – recognizing women only for their looks – that so many have worked to eliminate from daily life. You can talk all you want about the contestants’ socially

conscious platforms, or point out that winners get scholarships to further their education. But make no mistake, this event is all about babes in bikinis. The New York Times has reported that the talent show and interviews – the pageant’s response to feminist criticism – get the lowest ratings, with only the swimsuit competition drawing viewers. The pageant has bounced around in recent years, moving from Atlantic City to Las Vegas and back, from ABC to cable and back, and from September to January and back. And while TV ratings flagged for decades, they’ve risen in recent years, signaling that Miss America isn’t ready to wave (elbow, elbow, wristwrist-wrist) goodbye just yet. Once upon a time, Miss America was a national icon, the female equivalent of the president. But neither one commands the same level of respect anymore. And sadly, both are expected to carry around their birth certificates to prove they’re American. Davuluri’s win sparked racist outrage among those who

Drunken driving laws, vouchers a

oney issues are bouncing around two current hot issues for state government: reform of drunken-driving laws and accountability reporting for voucher schools. The public and some editorial pages are pushing for tougher laws to fight Matt Pommer drunken driving, and the Political Commentary politicians seem ready to get on board. But there are push for tougher penalties. substantial costs for almost Requiring everyone all of the ideas in the Legarrested for drunken drivislature. ing to appear in court and Earlier this year, the tougher penalties will nonpartisan Legislative increase the workloads in Fiscal Bureau estimated courthouses across the that one set of ideas could state. Some of the time cost an additional $250 spent behind bars will come million. The Departin county jails. ment of Corrections also County officials want to estimates it would need know who is going to pay to spend $236 million to for the increased workloads build additional facilities to in the courts and jails. house an increase of conThe changes in judicial victed drunken drivers sent procedures and incarcerato prison. Proponents discount the tion will cost money at the county level. idea of significant increases Additionally, county in state-agency costs. They government leaders want contend tougher penalties will reduce dramatically the the Legislature to pay for their increased costs number of drunks behind including prosecutors. Oththe wheel. erwise, the burden is likely “The deterrent effect to end up in higher county needs to be taken into September 26, 2013 1:40 pm / property tax bills, they say. account; otherwise there’s Wisconsin has a reputano point in doing it,” tion of being a hard-drinksaid State Rep. Jim Ott,

which doesn’t criminalize a first offense, instead treating it similar to a speeding ticket. More than 12,000 establishments sell booze. The state was one of the last to increase the legal drinking age to 21. Among the legislative ideas are mandatory time of six months to three years in prison if a person were injured in an accident, requiring court appearances for all accused of drunken driving, and allowing the seizure of a vehicle involved in such accidents. The topic of money also has popped up in the legislative efforts to get additional information about the educational success of students who attend private schools with state financial help through vouchers. This year the Legislature expanded the programs. The vouchers are $7,210 for kindergarten through eighth grade and $7,856 for high school. The latest proposal would test every public, charter or voucher school in five categories. A series of consequences would flow to schools which underperform for a three-year period, including removal from the voucher program. A spokesman for

kid act

Spring Valley & Elmwood Sun-Argus 09/25/2013 Copy Reduced to %d%% from original to fit letter page

W e e k

Walker tops potential Dem rivals, but approval rating under 50 percent Gov. Scott Walker led several potential challengers in a new survey from the Democratic firm Public Policy Polling. But Walker’s approval rating was 48 percent with 49 percent of respondents disapproving of his job performance, and he was backed by less than 50 percent of respondents in each of the hypothetical match ups. The Dems paired with Walker were also largely unknown by those polled. Walker was up on Assembly Minority Leader Peter Barca 47-43, former Commerce Secretary Mary Burke 48-42, Outagamie County Exec Tom Nelson 47-40 and state Sen. Kathleen Vinehout 47-41. The automated phone survey of 1,180 Wisconsin voters was conducted Thursday through Monday, after Wisconsin Manufacturers & Commerce went up on the air with a TV spot praising Walker. The poll had a margin of error of plus or minus 2.9 percentage points. The survey also found Wisconsin GOP voters preferred U.S. Paul Ryan over Walker in a hypothetical contest for the Republican presidential nomination in 2016. In a nine-way primary, Ryan led with 27 percent of the vote, followed by Walker at 14 percent and Chris Christie at 12 percent. With Walker dropped from the list, Ryan was backed by 33 percent of Republicans surveyed, while Christie was second at 12 percent. And paired head-to-head, 47 percent preferred Ryan, compared to 38 percent for Walker. Van Hollen, Erpenbach spar over open records support GOP Attorney General J.B. Van Hollen is defending his agency’s decision to argue lawmakers are immune from civil suits over the state’s Open Records law. But state Sen. Jon Erpenbach, D-Middleton, said the AG’s explanation is further evidence of his hypocrisy in handling open records cases. Van Hollen’s statement on Sept. 17 specifically responds to an editorial in the Milwaukee Journal Sentinel criticizing his agency’s argument that GOP state Sen. Leah Vukmir is immune from an open records lawsuit filed by the liberal Center for Media and Democracy because of a provision in the state constitution giving lawmakers immunity from “civil process” while the Legislature is in session. Van Hollen said whether that “was a proper balancing of interests is a debatable question.” “What is not debatable is my responsibility to defend its application when it is invoked,” Van Hollen said. Erpenbach, who was sued by the conservative MacIver Institute in a separate open records case, said Van Hollen’s Department of Justice never offered him similar counsel in that suit. Instead, Erpenbach said, Van Hollen said DOJ would seek to settle the case and turn over the information if the agency represented the lawmaker. Erpenbach eventually hired a private attorney in his case, and a Dane County judge ruled in his favor. MacIver has appealed. “I think it’s a pathetic excuse for a defense of not complying with Wisconsin’s open records

I n

law,” Erpenbach said of the DOJ argument in Vukmir’s case. “Legislators aren’t above the law. This move is making all of us look really bad.” Judge declines to issue injunction on Act 10 ruling A Dane County judge said his earlier decision that the state may not enforce certain portions of the guv’s collective bargaining changes applies to all public employees, including those who were not party to a suit filed by Madison teachers. Still, in his Sept. 17 ruling Judge Juan Colás declined to issue an injunction preventing the state from enforcing Act 10 with other government employees who were not part of the lawsuit. Both sides in the case, now on appeal, have been arguing in court about the extent of Colás’ decision. The state Department of Justice has argued it only applies to the parties in the case and that Colás’ ruling does not bind other courts. Colás wrote DOJ’s argument on whether his ruling set a precedent is “irrelevant.” “The question here is not whether other courts or non-parties are bound by this court’s ruling,” Colás wrote. “It is whether the defendants are bound by it. Plainly they are, as all parties to a lawsuit are, and in a case in which the statute was found facially unconstitutional they may not enforce it under any circumstances, against anyone.” Still, Colás wrote the state may be causing “irreparable harm” to others who are not plaintiffs in the case. But state law requires the moving party to show harm to itself. “For that reason, though the defendants are bound by the court’s judgment, even with respect to their actions toward non-parties, the court cannot issue the requested injunction,” Colás wrote. DOJ spokeswoman Dana Brueck said, “We’re pleased he declined to issue an injunction. As to what else it might mean, we’ll confer with our clients.” Finance Committee alters estate recovery for medical costs The Joint Finance Committee on Sept. 18 tweaked the Walker administration’s expanded estate recovery plan for medical assistance costs. JFC Democrats and GOP Sens. Mary Lazich of New Berlin and Sheila Harsdorf of River Falls voted against the motion, which passed 10-6. The state budget expanded the estate recovery program to include assets that an MA recipient had an interest in at death, as well as 100 percent of marital property. The LFB memo on the subject noted that latter provision may be in conflict with federal law, depending on the interpretation of the law and the state’s community property standard for marriage. The budget changes required approval from JFC before the Department of Health Services had authority to implement them. Under the revised motion proposed by JFC Co-Chairs Alberta Darling and John Nygren, DHS can implement most of the changes to the estate recovery and divestment penalty programs, except for provisions regarding promissory notes, voiding certain transfers of real property, and provisions relating to recovery of expenses by recovering assets in special

Contact your representatives!

State Senator Kathleen Vinehout (877) 763-6636 sen.vinehout@legis.wisconsin.gov State Assemblyman John Murtha (888) 529-0029 rep.murtha@legis.wisconsin.gov State Assemblyman Chris Danou

sen.harsdorf@legis.wisconsin.gov Congressman Ron Kind (888) 442-8040 Senator Tammy Baldwin 608-264-5338 Senator Ron Johnson (414) 276-7282

R e v i e w

needs, pooled or living trusts. That addresses some of the concerns posed in the LFB analysis of legal conflicts, but not all. Democrats sought to halt the changes altogether, saying it was “government overreach” that allowed an unwarranted seizure of assets from spouses and penalized heirs, which they argue would hurt the middle class. Sens. Glenn Grothman, R-West Bend, and Sen. Luther Olsen, R-Ripon, argued the provision wasn’t “hidden” in the state budget briefing books as Dems claimed. Grothman also said those individuals should be paying for those medical expenses owed to the state and the expansion only attempts to ensure that. Administration announces insurance exchange service areas State businesses seeking to enroll in the health exchange will likely be able to choose between two or three insurers, while some individuals enrolling in rural counties will only have one choice, according to information released by the state insurance commissioner on Sept. 19. Although individuals in the larger counties of Wisconsin -- such as Brown, Dane and Milwaukee -- will have at least four insurers to choose from in the exchanges, employers have only two choices in Dane and Brown and one choice in Milwaukee. Several rural counties will also have minimal options, with only one or two options in employer and individual markets. Marquette County will fare the worst, with only one insurer offering plans through the exchange for individuals and no options for employers. The individual figures differ somewhat from an estimate of coverage provided by Citizen Action of Wisconsin last month. Kevin Kane, who authored that study, said two of the providers reduced their coverage areas after the study was released. Citizen Action of Wisconsin Director Robert Kraig used the news to once again criticize the administration for not releasing the full data on rates being offered by the insurers participating in the health exchange. However, he also praised the options offered through the exchange. “The array of options for the vast majority of Wisconsin citizens is good news for those concerned about quality affordable healthcare for all,” Kraig said. “The results show that our democracy can step in and fix a broken insurance market. We can provide greater opportunity, freedom and choice to our citizens; as well as offer protections to consumers from the threat of pre-existing condition discrimination and other insurance abuses.” Report cards show most state schools meeting expectations About 88 percent of Wisconsin schools have met or exceeded performance expectations, according to report cards from the state Department of Public instruction on Sept. 17. Fifty-eight schools failed to meet expectations on student achievement or engagement, most of which were in the Milwaukee Public School District. MPS was the only district to fail to meet expectations, though 10 other districts, including Racine Unified, Beloit and Barron school districts, met “few expectations.” While the 88 percent mark

improved upon the 85 percent of schools that met those criteria last year, DPI officials said the report cards could not be directly compared to last year’s due to shifts in calculation methods. Gov. Scott Walker highlighted the report cards as needed tools for parents to make “informed decisions for their children.” “The data in these report cards show more Wisconsin schools are meeting or exceeding expectations over last year, and that’s great news for parents and children across our state,” Walker said. “While we’ve seen marked improvement in our schools, there is still room for improvement, and we will continue striving for the day when every school in this state meets or exceeds expectations because every child deserves access to a great education.” Wisconsin Education Association Council President Betsy Kippers praised the multifaceted nature of the report cards, but also cautioned against using them as justification for reducing teacher salaries or school funding. “Wisconsin educators stand together in seeking success for every single student, no matter which school district that child attends,” Kippers said. “We’ll stand united to partner in any true effort to help students learn and we’ll stand against schemes that don’t.” WisconsinEye to review user agreement after Planned Parenthood ad WisconsinEye will consider tightening language in its user agreement after Planned Parenthood used footage from a floor debate to target GOP Sen. Mike Ellis in a TV ad. But President Jon Henkes said the network won’t take legal action against the group after concluding the “fair use” doctrine overrides WisconsinEye’s user agreement that organizations sign in order to obtain its footage of Capitol proceedings. Planned Parenthood of Wisconsin has released two ads knocking Ellis, R-Neenah, that feature footage from a Senate floor debate in which he ordered Dem members to sit down. The group recut the original spot after WisconsinEye objected to the use of its footage, but it used a different source to include the video in the ad. Henkes said fair use -- which permits the use of copyrighted material without permission for things like commentary, news reporting and criticism -- nullifies some of the contractual user agreement the network now has. “We believe that in its current language, the user agreement positions us for a complicated legal battle,” Henkes said. “We are not intending to pursue that course right now.’’ WisconsinEye criticized Planned Parenthood in a statement, saying the group distorted what happened during the Senate debate. The group fired back and reiterated its contention that Ellis “shut down debate” on a bill introduced only seven days earlier. “The only bad behavior here is by Senator Mike Ellis and his Republican colleagues who cut access to cervical and breast cancer screenings, birth control and STD testing and treatment for women at Planned Parenthood,” said Planned Parenthood legal counsel Nicole Safar.

Estate Sale

LOG HOME KITS

AMERICAN LOG HOMES IS ASSISTING LIQUIDATION OF LAND DEVELOPER’S ESTATE 3 Log Homes selling for BALANCE OWED. FREE DELIVERY s -ODEL #AROLINA BALANCE OWED $17,000 s -ODEL 'EORGIA BALANCE OWED $22,900 s -ODEL "ILOXI BALANCE OWED $15,700 s .%7 n (/-%3 (!6% ./4 "%%. -!.5&!#452%$

September 26, 2013 1:41 pm /

Vote issue

Submitt Governm America Action N MAD released 2013 sh voters b a seriou should p The Opinion voters t public h solution solution to requ 60 minu school d “Wh most ef ing chil the mo up and m Wiscon Directo Society (ACS C eight or schools working In f respond major obesity. percent cal acti physica academ “Req

Stat imm

Submitt Newspa The Informa saddene Legislat Attorney claiming Open Re As r Journal Vukmir a legal lawmak Law.” T be sued sion and legislato Our fundam tion as a Legislat ought to Sen. Vu in light o the state So fa er has e state’s o this ruse in both General taken, in filing. The s has stat ing and laws. In

• Fre • Life • Fin

ort to help students learn and percent of voters believe daily physi- half of all Wisconsin adults will be ll stand against schemes that cal activity isn’t just good for kids’ overweight within the next 15 years. Spring Valley & Elmwood Sun-Argus ’t.” physical fitness 09/25/2013 but also for their To see the full poll results visit: academic performance. http://www.healthfirstwi.org/twisconsinEye to review user “Requiring more physical edu- poll. eement after Planned renthood ad WisconsinEye will coner tightening language in its r agreement after Planned enthood used footage from a or debate to target GOP Sen. legal action against members of the Submitted by the Wisconsin ke Ellis in a TV ad. Newspaper Association Legislature. But President Jon Henkes said The Wisconsin Freedom of In fact, lawmakers have been sued network won’t take legal action Information Council is shocked and for violating the Open Records Law on inst the group after concluding saddened that a member of the state a number of occasions, listed below. “fair use” doctrine overrides Legislature is, with the help of the state They sometimes lost, sometimes setsconsinEye’s user agreement Attorney General’s Office, effectively tled, and sometimes won. But in no organizations sign in order claiming immunity from the state’s prior instance did they claim to be obtain its footage of Capitol Open Records Law. above the law. ceedings. As reported by the Milwaukee Wisconsin’s traditions of open govPlanned Parenthood of Journal Sentinel, state Sen. Leah ernment, including the ability to litigate sconsin has released two ads Vukmir, R-Wauwatosa, is advancing cases of alleged noncompliance, have ocking Ellis, R-Neenah, that a legal argument that “would let all served the state well. That is not a traditure footage from a Senate lawmakers ignore the Open Records tion with which we should dispense. or debate in which he ordered Law.” The senator claims she cannot The Wisconsin Freedom of m members to sit down. The be sued while the Legislature is in ses- Information Council is comprised of up recut the original spot after sion and that the session extends for a five members representing the public sconsinEye objected to the use legislator’s entire term. plus representatives from each of the ts footage, but it used a differOur state’s openness laws are following: source to include the video in fundamental to its ability to funcWisconsin Newspaper Association, ad. tion as a democracy. Members of the Wisconsin Broadcasters Association/ Henkes said fair use -- which Legislature, which passed these laws, Broadcast News Council, Wisconsin mits the use of copyrighted ought to respect that. We call upon Associated Press, Society of erial without permission for Sen. Vulmir to reconsider her position Professional Journalists--Sigma ngs like commentary, news in light of the damage it could cause to Delta Chi, and the Wisconsin News orting and criticism -- nullithe state. Photographers Association. some of the contractual user So far as we can recall, no lawmakEditor/Publishers note: The eement the network now has. er has ever before tried to defeat the Woodville Leader and Sun-Argus news“We believe that in its curstate’s open records law by employing papers as members of the Wisconsin t language, the user agreement this ruse. We are deeply disappointed Newspaper Association absolutely conitions us for a complicated in both Sen. Vukmir and the Attorney cur with the sentiments stated above by al battle,” Henkes said. “We General’s Office, for the position it has the Wisconsin Freedom of Information not intending to pursue that taken, in its September 11, 2013 court Council and most heartily agree that it rse right now.’’ filing. is shocking that a member of the state WisconsinEye criticized The state Attorney General’s Office Legislature is, with the help of the state nned Parenthood in a statehas statutory authority for interpretAttorney General’s office, effectively nt, saying the group distorted ing and enforcing the state’s openness claiming immunity from the state’s at happened during the Senate laws. In the past, the office has initiated Open Records Law. ate. The group fired back and reiterd its contention that Ellis “shut wn debate” on a bill introduced y seven days earlier. “The only bad behavior here by Senator Mike Ellis and his publican colleagues who cut ess to cervical and breast canscreenings, birth control and D testing and treatment for men at Planned Parenthood,” d Planned Parenthood legal Any size installed* nsel Nicole Safar.

Sale

E KITS

ISTING LIQUIDATION OF R’S ESTATE ED. FREE DELIVERY

Statement on claims of legislative immunity to state Open Records Law

WINDOW SALE

$195

Call Now for Self-Cleaning Glass Free Upgrade

• Free installation • Lifetime warranty • Financing available

September 26, 2013 1:42 pm /

$94,000 a year. Now Suder’s in trouble.

Suder smacks of even more cronyism. involvement in the scheme disqualifies Instead of making a bad situation worse him as a candidate for the PSC job. “His by trying to make a case for Suder, Montapparent attempt to deceive state taxpaygomery and Walker should accept that this information his page who appears to have been a prime The scandal surrounding the attempt by 09/25/2013 Madison, The Cap Times Copymover Reduceders, to withhold %d%% critical from original to from fit letter fellow legislators, and the ethical questions selection is no longer defensible. in arranging a “training” grant designed Republicans to provide $500,000 in public The Suder appointment should be withraised by his attempt to divert millions of to secure a major payout for the politically funds to the so-called “United Sportsdrawn. tax dollars to the questionable group Uniconnected group. men” organization has blown up on Suder,

If Van Hollen doesn’t change course, he needs to go

ttorney General J.B. Van Hollen is trying to promote the fantasy that he is still defending Wisconsin’s open records law. But no one is buying it. The attorney general has sent his lawyers into court to argue that state Sen. Leah Vukmir, a Republican, is immune from legal actions that seek to get her to comply with open records requests. If Van Hollen’s attack on the law prevails, Vukmir will not be alone in rejecting the public’s right to know. Every legislator will be freed from having to follow the dictates of the open records law when the state Assembly and Senate are in session. Since those chambers essentially remain

in session throughout the legislative term, every legislator will be able dismiss requests from citizens and the media about what they do in their official capacities. Never before has Wisconsin seen so clear and unequivocal an assault on the open records law. So how can Van Hollen claim to be a defender of the law? The AG thinks Wisconsinites are fools. And he is determined to fool them. So far, it isn’t working. The Capital Times has published several editorials criticizing Vukmir and Van Hollen. That will come as no surprise. This newspaper has always called out politicians — Democrats and Republicans, liberals and conservatives — who attack the

THE HUMAN COST OF WAR U.S. Department of Defense

public’s right to know. But newspapers across the state, representing a wide range of ideological positions, have joined the chorus of condemnation. Here are the headlines: The Milwaukee Journal Sentinel: “Legislators are not above state’s open records law” The La Crosse Tribune: “Openness applies to lawmakers, too” The Beloit Daily News: “Disregard for right to know” The Appleton Post-Crescent: “Senator threatens state’s open government” The Green Bay Press Gazette: “Elected officials should err on side of transparency.”

2,140

U.S. deaths in Afghanistan as of Sept. 23

The Janesville Gazette: “Vukmir, Van Hollen seek to subvert open government in Wisconsin” Even the Wisconsin State Journal says that Wisconsin should: “Keep sun shining on lawmakers” Van Hollen has no takers for his fantasy. If he persists in peddling it, he will need to be replaced with an attorney general who represents the people of Wisconsin — rather than the desire of politicians to govern without the informed consent of the people. That’s where the real test will come. Newspapers that oppose the subversion of government will not be able to support Van Hollen for a new term. And the same goes for the voters of Wisconsin. The public’s right to know must be a make-or-break issue.

19,310

Wounded in action in Afghanistan as of Sept. 23

September 25-October 1, 2013 « The Cap Times «

September 26, 2013 1:43 pm /

Walker is below 50 percent. On the other, very few voters know who Burke is and a MIXED fth of those responding to the poll have a Madison, The CapfiTimes 09/25/2013 negative opinion of her. There are similar

much like Ron Johnson in 2010 and Eric Hovde in 2012. Burke has yet to say if she’s getting into the race, but insiders on both sides expect her to run barring some major

J.B. Van Hollen

FALLING

The attorney general may have a legal leg to stand on in arguing the state constitution shields a GOP lawmaker from an open records lawsuit. But it’s a political loser for him, insiders say. Newspaper editorials across the state take Van Hollen to task for his defense of GOP state Van Hollen Sen. Leah Vukmir in a suit filed by the liberal Center for Media and Democracy seeking documents regarding her relationship with ALEC. In addition to saying Vukmir has already fulfilled the open records request, Van Hollen argues the provision in the constitution shielding lawmakers from “civil process” during the legislative session protects her from the suit. In addition, the Legislature has the sole power to define the length of its session, and it essentially doesn’t adjourn. But critics howl the stance would essentially gut the law because lawmakers couldn’t be challenged from the day they walk into the Legislature until the day they leave office. Dem Sen. Jon Erpenbach also delivers shots at Van Hollen, saying the AG didn’t offer him similar guidance in a separate open records suit. Instead, Erpenbach says, Van Hollen told him to settle and turn over the documents. While Dems claim the decision reeks of politics, Van Hollen’s supporters argue it’s actually another example of the AG carrying out his respon-

cent of respondents do of Burke, while 18 perce view of her and 21 perce view.

sibility to defend the constitution without regard to the political implications.

Brett Hulsey Colleagues continue to watch the Madison Dem’s saga with a mix of amusement, befuddlement, annoyance and downright concern. WisPolitics. com reports that Hulsey has been using a 1987 convertible Hulsey he purchased with campaign funds to drive to work and travel to Wausau for office hours with college students. Hulsey says he paid for the gas out of his own pocket and believed he had the OK from the Government Accountability Board. But the agency says it warned Hulsey he couldn’t use the campaign car for personal use, including driving to work. His strained relationship with the Assembly Dem caucus also continues to worsen after a meeting with Minority Leader Peter Barca and Assistant Minority Leader Sandy Pasch that Hulsey acknowledges “did not go well.” WisPolitics.com also reports that Hulsey approached Speaker Robin Vos prior to the budget vote this summer seeking to join the GOP caucus. Hulsey says he only went to the GOP leader because Dems didn’t want him to introduce his amendment to the budget and he just wanted to drop by the Republican caucus from time to time to share his ideas. But a Vos spokeswoman says Hulsey was told he either had to

12 « THE CAP TIMES « SEPTEMBER 25-OCTOBER 1, 2013

September 26, 2013 1:44 pm /

earn a spo through h no thanks related to time perso antics con Madison A to run for times, em challenge continue t would be u

New ab

Assemb com he do ing throug new Publi The poll fo the new “ ture, whil offered no the aborti “abortion bill this se woman ca leges at a l procedure on hold by to the legi Republica

fort to help students learn and percent of voters believe daily physi- half of all Wisconsin adults will be e’ll stand against schemes that cal activity isn’t just good for kids’ overweight within the next 15 years. Woodville Leader 09/25/2013 on’t.” physical fitness but also for their To see the full poll results visit: academic performance. http://www.healthfirstwi.org/twiWisconsinEye to review user “Requiring more physical edu- poll. greement after Planned arenthood ad WisconsinEye will conder tightening language in its ser agreement after Planned arenthood used footage from a oor debate to target GOP Sen. legal action against members of the Submitted by the Wisconsin Mike Ellis in a TV ad. Newspaper Association Legislature. But President Jon Henkes said The Wisconsin Freedom of In fact, lawmakers have been sued e network won’t take legal action Information Council is shocked and for violating the Open Records Law on gainst the group after concluding saddened that a member of the state a number of occasions, listed below. e “fair use” doctrine overrides Legislature is, with the help of the state They sometimes lost, sometimes setWisconsinEye’s user agreement Attorney General’s Office, effectively tled, and sometimes won. But in no at organizations sign in order claiming immunity from the state’s prior instance did they claim to be obtain its footage of Capitol Open Records Law. above the law. roceedings. As reported by the Milwaukee Wisconsin’s traditions of open govPlanned Parenthood of Journal Sentinel, state Sen. Leah ernment, including the ability to litigate Wisconsin has released two ads Vukmir, R-Wauwatosa, is advancing cases of alleged noncompliance, have nocking Ellis, R-Neenah, that a legal argument that “would let all served the state well. That is not a tradiature footage from a Senate lawmakers ignore the Open Records tion with which we should dispense. oor debate in which he ordered Law.” The senator claims she cannot The Wisconsin Freedom of em members to sit down. The be sued while the Legislature is in ses- Information Council is comprised of roup recut the original spot after sion and that the session extends for a five members representing the public WisconsinEye objected to the use legislator’s entire term. plus representatives from each of the f its footage, but it used a differOur state’s openness laws are following: nt source to include the video in fundamental to its ability to funcWisconsin Newspaper Association, e ad. tion as a democracy. Members of the Wisconsin Broadcasters Association/ Henkes said fair use -- which Legislature, which passed these laws, Broadcast News Council, Wisconsin ermits the use of copyrighted ought to respect that. We call upon Associated Press, Society of aterial without permission for Sen. Vulmir to reconsider her position Professional Journalists--Sigma ings like commentary, news in light of the damage it could cause to Delta Chi, and the Wisconsin News porting and criticism -- nullithe state. Photographers Association. es some of the contractual user So far as we can recall, no lawmakEditor/Publishers note: The greement the network now has. er has ever before tried to defeat the Woodville Leader and Sun-Argus news“We believe that in its curstate’s open records law by employing papers as members of the Wisconsin nt language, the user agreement this ruse. We are deeply disappointed Newspaper Association absolutely conositions us for a complicated in both Sen. Vukmir and the Attorney cur with the sentiments stated above by gal battle,” Henkes said. “We General’s Office, for the position it has the Wisconsin Freedom of Information e not intending to pursue that taken, in its September 11, 2013 court Council and most heartily agree that it ourse right now.’’ filing. is shocking that a member of the state WisconsinEye criticized The state Attorney General’s Office Legislature is, with the help of the state lanned Parenthood in a statehas statutory authority for interpret- Attorney General’s office, effectively ent, saying the group distorted ing and enforcing the state’s openness claiming immunity from the state’s hat happened during the Senate laws. In the past, the office has initiated Open Records Law. ebate. The group fired back and reitered its contention that Ellis “shut own debate” on a bill introduced nly seven days earlier. “The only bad behavior here by Senator Mike Ellis and his epublican colleagues who cut ccess to cervical and breast caner screenings, birth control and TD testing and treatment for omen at Planned Parenthood,” aid Planned Parenthood legal Any size installed* ounsel Nicole Safar.

Statement on claims of legislative immunity to state Open Records Law

WINDOW SALE

$195

Sale

ME KITS

SSISTING LIQUIDATION OF ER’S ESTATE OWED. FREE DELIVERY

Call Now for Self-Cleaning Glass Free Upgrade

• Free installation • Lifetime warranty • Financing available

September 26, 2013 1:45 pm /

Woodville Leader 09/25/2013

k a

Copy Reduced to %d%% from original to fit letter page

W e e k

I n

Contact your representatives!

R e v i e w

Estate Sale

September 26, 2013 1:45 pm /

LOG HOME KITS

V i

S G A A

r 2 v a s

O v p s s t 6 s

m i t u W D S ( e s w

r m o p c p a

S i

S N

I s L A c O

J V a la L b s le

f ti L o S in th

e s th in G ta f

h in la

Cedarburg, News Graphic

Sep 26

Lawmaker’s attempt at secrecy is disappointing

2013

Legislators not above the law, should be open to scrutiny

Page A07

By Bill Lueders Wisconsin Freedom of Information Council president

Clip resized 51%

The Wisconsin Freedom of Information Council is shocked and saddened that a member of the state Legislature is, with the help of the state Attorney General’s Office, effectively claiming immunity from the state’s Open Records Law. As reported by the Milwaukee Journal Sentinel, state Sen. Leah Vukmir, R-Wauwatosa, is advancing a legal argument that “would let all lawmakers ignore the Open Records Law.” The senator claims she cannot be sued while the Legislature is in session and that the session extends for a legislator’s entire term. Our state’s openness laws are fundamental to its ability to function as a democracy. Members of the Legislature, which passed these laws, ought to respect that. We call upon Vukmir to reconsider her position in light of the damage it could cause to the state. So far as we can recall, no lawmaker has ever before tried to defeat the state’s Open Records Law by employing this ruse. We are deeply disappointed in both Vukmir and the Attorney General’s Office, for the position it has taken, in its Sept. 11, 2013, court filing. The state Attorney General’s Office has statutory authority for interpreting and enforcing the state’s openness laws. In the past, the office has initiated legal action against members of the Legislature. In fact, lawmakers have been sued for violating the Open Records Law on a number of occasions, listed below. They sometimes lost, sometimes settled, and sometimes won. But in no prior instance did they claim to be above the law. Wisconsin’s traditions of open government, including the ability to litigate cases of alleged noncompliance, have served the state well. That is not a tradition with which we should dispense. Prior cases of open records lawsuits against state of Wisconsin lawmakers are: ■ Wisconsin State Journal v. Wisconsin Joint Committee on Legislative Organization, Sen. Alan Lasse, Sen. Mary Panzer, Rep. John Gard, Dane County Case Number 2003CV003343. Brought by news media to obtain an investigative report into operations of the Joint Committee on Legislative organization. The report was released. ■ State of Wisconsin v. David A. Zien and Scott Gunderson, Dane County Case Number 2005CV002896. Brought by state Attorney General Peg Lautenschlager, alleging that the lawmakers were violating the law in not providing access to draft bills being shared with others. The case was dismissed by an appellate court because Lautenschlager was no longer in office. ■ Wisconsin State v. Jeffrey Stone, Milwaukee County Case Number 2006CX000003. Brought by the Attorney General’s Office under Peg Lautenschlager. The case was ultimately dismissed when Lautenschlager’s successor, J.B. Van Hollen, decided not to pursue it. ■ Democratic Party of Wisconsin v. State Sen. Dan Kapanke, Dane County Case Number 2009CV003928. This case settled when Kapanke produced the disputed records; he later promised to reimburse taxpayers for attorneys fees. ■ Lakeland Times v. Mark Miller, Dane County Case Number 2010CV002011. Minocqua-based newspaper sued state Sen. Mark Miller for not providing records in response to a request. The case was settled with Miller agreeing to pay fees and costs. ■ One Wisconsin Now v. State Sen. Alberta Darling, Dane County Case Number 2011CV003529. Liberal advocacy group sued Darling over her failure to release records. Case is settled out of court, with Darling agreeing to release the records and pay the group’s legal fees. ■ Center for Media & Democracy v. five state lawmakers, Dane County Case Number 2012CV003922. The same group now trying to sue Vukmir sued five state representatives (Jeremy Thiesfeldt, Pat Strachota, Tyler August, Dan Knodl and Tom Larsen) for not providing records on request. The lawmakers settled, agreeing to release the records and pay costs and fees. ■ John K Maciver Institute v. State Sen. Jon Erpenbach, Grant County Case Number 2012CV000063. A conservative public policy group sued Erpenbach, alleging he violated the open records law in redacting identifying information from requested records. A circuit court judge ruled in Erpenbach’s favor but the case is on appeal.

Guest viewpoint

The Wisconsin Freedom of Information Council, founded in 1978, seeks to safeguard access to information that citizens must have to act responsibly in a free and democratic society.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Oconomowoc Enterprise

1 JESSICA McBRIDE

Closing a door on open records Sep 26

2013 Page A04

Clip resized 42%

Vukmir’s immunity defense raises larger questions First of all, I like Leah Vukmir. I think she’s a fine legislator. She’s hardworking and, in my view, generally right. However, she’s wrong to assert a novel defense that could result, if she is victorious, in Wisconsin lawmakers being exempt from open records lawsuits while they are in office. For some legislators, that could be a long time. Think how long Vukmir herself has been in office! Sure, Vukmir is entitled to raise a legal defense to an open records lawsuit brought by a liberal group. However, as a public servant, and, as a steward of the public trust, I do not believe she should raise this one. Neither should Attorney General Van Hollen, who is raising it for her as her attorney. Legislators are exempt from some lawsuits while they are in session. It’s the definition of session that is not clear here. That being: Does that mean when they are literally in session or does it mean their entire terms? Legal experts dispute it. It would fly in the face of Wisconsin’s storied tradition of open government for the citizenry and the media to not be able to turn to the courts to seek enforcement of open records and meetings violations by lawmakers during their terms in office. What pressure would there be on lawmakers, then, to fully comply (especially those who have long tenures and are unlikely to leave office soon)? And why would it be too much trouble to deal with an Vukmir open records lawsuit when not actually in Madison? The public (and media) deserve to be able to monitor the functions of government. That’s the basic principle underpinning our open records laws. It goes without saying that this watchdog function can help prevent excesses. Furthermore, the lawmakers work for all of us. They should be accountable to us. The Legislature, in my humble opinion, should get out of the “war games” mentality it sometimes seems stuck in. This is not about a liberal group upset about the American Legislative Exchange Council, or whatev er. I don’t particularly care who the players are here. What I care about is the principle. And I want to see the public’s right to monitor the functions of government protected. Don’t think this argument, if successful, wouldn’t come back to bite conservatives, though. Conservative groups like Media Trackers or the MacIver Institute rely heavily on open records and meetings laws in their watchdog function over government (and liberal lawmakers). It would work both ways. Some might argue that she’s right on the law. Well, that seems far from settled. I am, thus, also very disappointed in Van Hollen for choosing to mount this defense. The AG doesn’t have to mount every single defense a single legislator wants, and he has chosen not to defend a Democratic lawmaker in a recent open records case (why didn’t he raise the immunity argument then?) and the state in others. His office won’t say why regarding the Democrat. That raises at least the perception of political unfairness. One pre-eminent conservative legal scholar told the media that the AG’s defense of Vukmir would seem to create a novel interpretation of immunity protections for legislators that were not intended. If it’s open to interpretation, interpret it on the side of the public good and historical precedent. Or stay out of it. Furthermore, if this was such a pressing constitutional matter, as the AG seemed to argue in a newspaper column this week, then how come for years and years and years, legislators were sued over open records laws and simply allowed the matter to be vetted out in court? No one raised this immunity argument. That worked fine. Vukmir’s supporters argue that she complied with the open records request. Obviously, the requesters disagree because they sued her. The AG should argue that she complied with the request, then, (if the facts back that up) and be done with it. He shouldn’t be putting forth a defense that could gut open meetings and open records laws. It’s a question of principle and grayness in the law and legislative intent, mostly. But it’s also just awful PR. To some, it makes the Leg islature seem arrogant and like the Legislature is above public scrutiny (or scared of it) I don’t believe those things, but it makes it seem that way to some. Why would the Legislature want to define itself that way over a nothing lawsuit that Vukmir very well might just win on the merits without furthering some novel argument with sweeping consequence? This is also a surefire way to tick off every single editorial board. Since the AG has dug in his legal heels now, it’s Vukmir, the client, who should ask him to drop this, and the Legislature should define session in a manner that preserves the public’s ability to monitor the actions of legislators – during their terms. That’s exactly when the scrutiny matters most. Who cares what they did in the past when they are no longer in office? What matters is what is happening now, while bills are being debated and laws created. (Jessica McBride is a member of the journalism faculty at the University of WisconsinMilwaukee and a Waukesha resident. Her column runs Saturdays in The Freeman.)

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Wausau, City Pages

Sep 26 2013 Page 07 Clip resized 74%

they win a court case, allows them to tow vehicles on private property without a parking citation as long as law enforcement is notified, and permits landlords to evict tenants if a crime is committed on the property, with exceptions for crimes that involve sexual or domestic abuse or stalking. Dems denounce the changes as unfair 1 to tenants, saying it would increase the number of evictions while overriding local ordinances. But backers say it levels a playing field they believe has been stacked too long against landlords. The Senate bill now heads to the Assembly, which already has passed its own version of the legislation.

Insurance exchanges

State businesses seeking to enroll in the health exchange will likely be able to choose between two or three insurers, while some individuals enrolling in rural counties will only have one choice, according to information released by the state insurance commissioner last week. 3 Citizen Action of Wisconsin Director Robert Kraig used the news to once again criticize the Walker administration for not releasing the full data on rates being offered by the insurers participating in the health exchange, however, he also praised the options offered. “The array of options for the vast ma4 jority of Wisconsin citizens is good news for those concerned about quality affordable healthcare for all,” Kraig said. “The results show that our democracy can step in and fix a broken insurance market. We can provide greater opportunity, freedom and choice to our citizens; as well as offer protections to consumers from the threat of pre-existing condition discrimination 5 and other insurance abuses.”

Van Hollen, lawmaker spar over open records GOP Attorney General J.B. Van Hollen is defending his agency’s decision to argue lawmakers are immune from civil suits over the state’s open records law. But state 6 Sen. Jon Erpenbach, D-Middleton, said the AG’s explanation is further evidence of his hypocrisy in handling open records cases. Van Hollen responded last week to an editorial in the Milwaukee Journal Sentinel criticizing his agency’s argument that GOP state Sen. Leah Vukmir is immune from an open records lawsuit filed by the 7 liberal Center for Media and Democracy because of a provision in the state constitution giving lawmakers immunity from “civil process” while the Legislature is in session. Van Hollen said whether that “was a proper balancing of interests is a debatable question.” “What is not debatable is my responsibility to defend its application when it is 8 invoked,” Van Hollen said. Erpenbach, who was sued by the conservative MacIver Institute in a separate open records case, said Van Hollen’s Department of Justice never offered him similar counsel. Instead, according to Erpenbach, Van Hollen said the DOJ would seek to settle

the case and turn over the information if the agency represented the lawmaker. Erpenbach eventually hired a private attorney in his case, and a Dane County judge ruled in his favor. MacIver has appealed. “I think it’s a pathetic excuse for a defense of not complying with Wisconsin’s open records law,” Erpenbach said of the DOJ argument in Vukmir’s case. “Legislators aren’t above the law. This move is making all of us look really bad.”

Walker, GOP leaders roll out workforce development bills Gov. Scott Walker and GOP legislative leaders this week proposed eight bills that would invest $100 million in workforce development. The package includes things like an additional $500,000 for the youth apprenticeship program, which provides job training as well as tech college-level instruction for students at their local high schools, and a separate bill creating $1,000-per-pupil incentive grants to school districts to graduate more students with skills in high-need fields. The incentive grants were originally proposed by state Superintendent Tony Evers and modeled after a program in Kansas. The most expensive piece is a bill from state Sen. Jennifer Shilling, D-La Crosse, and Rep. Katrina Shankland, D-Stevens Point, that would invest $4 million in state funds in vocational rehabilitation services for those with disabilities. The state money would be matched by $14 million from the federal government over the next two years. Walker’s office said the package included $8.5 million in state dollars and $14 million in federal money. Some would be new funds, while other money would be reallocated within state agencies.

FAMILY RESTAURANT Open 7 Days a Week SPECIALS SERVED 7 DAYS A WEEK!

12 oz. Sirloin Steak and 3 Jumbo Shrimp $9.99 12 oz. Boneless Pork Chop $6.99 Both include choice of potato and soup or salad SOUP TO GO! Homemade Potato Pancakes All Day Every Day!

PROUDLY SERVING HOMEMADE FOOD Breakfast - Lunch - Dinner - Senior Menu

715-261-2700 1702 Grand Ave., Wausau

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Rhinelander, The Northwoods River News

Sep 26 2013 1

Page A004

PAGE 4A

LETTERS

Clip at 100% 1

Our democracy is crumbling

To the editor: When 800,000 Democrats who voted for Obama in 2008 chose not to vote in 2010, Wisconsin became the exclu2 sive property of the American Legislative Exchange Council and the Koch brothers. Their agenda holds sway. Their legislation is enacted with blinding speed, the skids 3 greased by money and secrecy. They and their disciples (Scott Walker, J.B. Van Hollen, Leah Vukmir, etc.) believe themselves not only exceptional, but invulnerable. And We the People? We 4 allowed ourselves to be deafened by the media echo chamber and drowned in trivia. We shrugged our shoulders, convinced that neither our voices nor our votes mat-

tered, and settled down to hibernate in a sturdy democracy we felt it was safe to ignore. While we slept, insatiable termites began eating away at our foundations, devouring everything we value: Our Constitutional rights, environment, familysupporting jobs, schools, access to health care, and the safety net for the most vulnerable. If we awoke at all, it was to yell at the sleeper next door. Our mindless scuffles with one another masked the sounds of the termites’ relentless assault. That’s how “divide and conquer” works. And in Wisconsin it has worked beautifully. Wake up Wisconsin. Your democracy is crumbling. Your indifference will bury us all. Sheila Plotkin McFarland

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Wausau, City Pages

Sep 26 2013 Page 07 Clip resized 73%

they win a court case, allows them to tow vehicles on private property without a parking citation as long as law enforcement is notified, and permits landlords to evict tenants if a crime is committed on the property, with exceptions for crimes that involve sexual or domestic abuse or stalking. 1 Dems denounce the changes as unfair to tenants, saying it would increase the number of evictions while overriding local ordinances. But backers say it levels a playing field they believe has been stacked too long against landlords. The Senate bill now heads to the Assembly, which already has passed its own version of the legislation.

Insurance exchanges State businesses seeking to enroll in the health exchange will likely be able to choose between two or three insurers, while some individuals enrolling in rural counties will only have one choice, according to information released by the state insurance 3 commissioner last week. Citizen Action of Wisconsin Director Robert Kraig used the news to once again criticize the Walker administration for not releasing the full data on rates being offered by the insurers participating in the health exchange, however, he also praised the options offered. “The array of options for the vast ma4 jority of Wisconsin citizens is good news for those concerned about quality affordable healthcare for all,” Kraig said. “The results show that our democracy can step in and fix a broken insurance market. We can provide greater opportunity, freedom and choice to our citizens; as well as offer protections to consumers from the threat of pre-existing condition discrimination 5 and other insurance abuses.”

Van Hollen, lawmaker spar over open records GOP Attorney General J.B. Van Hollen is defending his agency’s decision to argue lawmakers are immune from civil suits 6 over the state’s open records law. But state Sen. Jon Erpenbach, D-Middleton, said the AG’s explanation is further evidence of his hypocrisy in handling open records cases. Van Hollen responded last week to an editorial in the Milwaukee Journal Sentinel criticizing his agency’s argument that GOP state Sen. Leah Vukmir is immune from an open records lawsuit filed by the 7 liberal Center for Media and Democracy because of a provision in the state constitution giving lawmakers immunity from “civil process” while the Legislature is in session. Van Hollen said whether that “was a proper balancing of interests is a debatable question.” “What is not debatable is my responsibility to defend its application when it is 8 invoked,” Van Hollen said. Erpenbach, who was sued by the conservative MacIver Institute in a separate open records case, said Van Hollen’s Department of Justice never offered him similar counsel. Instead, according to Erpenbach, Van Hollen said the DOJ would seek to settle

FAMILY RESTAURANT Open 7 Days a Week SPECIALS SERVED 7 DAYS A WEEK!

12 oz. Sirloin Steak and 3 Jumbo Shrimp $9.99 12 oz. Boneless Pork Chop $6.99 Both include choice of potato and soup or salad SOUP TO GO! Homemade Potato Pancakes All Day Every Day!

PROUDLY SERVING HOMEMADE FOOD Breakfast - Lunch - Dinner - Senior Menu

715-261-2700 1702 Grand Ave., Wausau

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Kiel, Tri-County News - 2013/09/26 - 033 Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Kiel, Tri-County News - 2013/09/26 - 029 - copy resized to: 74% Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Oconomowoc Enterprise

JESSICA McBRIDE

Sep 26

Closing a door on open records

1 Vukmir’s immunity defense

raises larger questions

2013 Page A04

Clip resized 42%

First of all, I like Leah Vukmir. I think she’s a fine legislator. She’s hardworking and, in my view, generally right. However, she’s wrong to assert a novel defense that could result, if she is victorious, in Wisconsin lawmakers being exempt from open records lawsuits while they are in office. For some legislators, that could be a long time. Think how long Vukmir herself has been in office! Sure, Vukmir is entitled to raise a legal defense to an open records lawsuit brought by a liberal group. However, as a public servant, and, as a steward of the public trust, I do not believe she should raise this one. Neither should Attorney General Van Hollen, who is raising it for her as her attorney. Legislators are exempt from some lawsuits while they are in session. It’s the definition of session that is not clear here. That being: Does that mean when they are literally in session or does it mean their entire terms? Legal experts dispute it. It would fly in the face of Wisconsin’s storied tradition of open government for the citizenry and the media to not be able to turn to the courts to seek enforcement of open records and meetings violations by lawmakers during their terms in office. What pressure would there be on lawmakers, then, to fully comply (especially those who have long tenures and are unlikely to leave office soon)? And why would it be too much trouble to deal with an Vukmir open records lawsuit when not actually in Madison? The public (and media) deserve to be able to monitor the functions of government. That’s the basic principle underpinning our open records laws. It goes without saying that this watchdog function can help prevent excesses. Furthermore, the lawmakers work for all of us. They should be accountable to us. The Legislature, in my humble opinion, should get out of the “war games” mentality it sometimes seems stuck in. This is not about a liberal group upset about the American Legislative Exchange Council, or whatever. I don’t particularly care who the players are here. What I care about is the principle. And I want to see the public’s right to monitor the functions of government protected. Don’t think this argument, if successful, wouldn’t come back to bite conservatives, though. Conservative groups like Media Trackers or the MacIver Institute rely heavily on open records and meetings laws in their watchdog function over government (and liberal lawmakers). It would work both ways. Some might argue that she’s right on the law. Well, that seems far from settled. I am, thus, also very disappointed in Van Hollen for choosing to mount this defense. The AG doesn’t have to mount every single defense a single legislator wants, and he has chosen not to defend a Democratic lawmaker in a recent open records case (why didn’t he raise the immunity argument then?) and the state in others. His office won’t say why regarding the Democrat. That raises at least the perception of political unfairness. One pre-eminent conservative legal scholar told the media that the AG’s defense of Vukmir would seem to create a novel interpretation of immunity protections for legislators that were not intended. If it’s open to interpretation, interpret it on the side of the public good and historical precedent. Or stay out of it. Furthermore, if this was such a pressing constitutional matter, as the AG seemed to argue in a newspaper column this week, then how come for years and years and years, legislators were sued over open records laws and simply allowed the matter to be vetted out in court? No one raised this immunity argument. That worked fine. Vukmir’s supporters argue that she complied with the open records request. Obviously, the requesters disagree because they sued her. The AG should argue that she complied with the request, then, (if the facts back that up) and be done with it. He shouldn’t be putting forth a defense that could gut open meetings and open records laws. It’s a question of principle and grayness in the law and legislative intent, mostly. But it’s also just awful PR. To some, it makes the Legislature seem arrogant and like the Legislature is above public scrutiny (or scared of it). I don’t believe those things, but it makes it seem that way to some. Why would the Legislature want to define itself that way over a nothing lawsuit that Vukmir very well might just win on the merits without furthering some novel argument with sweeping consequence? This is also a surefire way to tick off every single editorial board. Since the AG has dug in his legal heels now, it’s Vukmir, the client, who should ask him to drop this, and the Legislature should define session in a manner that preserves the public’s ability to monitor the actions of legislators – during their terms. That’s exactly when the scrutiny matters most. Who cares what they did in the past when they are no longer in office? What matters is what is happening now, while bills are being debated and laws created. (Jessica McBride is a member of the journalism faculty at the University of WisconsinMilwaukee and a Waukesha resident. Her column runs Saturdays in The Freeman.)

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Portage Daily Register

Sep 26

Redistricting needs reform

2013 Page A05 Clip resized 95%

’m going to join the chorus of newspaper folk asking Republican leaders to step up and do what other Wisconsin lawmakers haven’t had the courage to do: reform our redistricting process. Every 10 years Democrat and Republican lawmakers fight an expensive and hyper-partisan turf war over the boundaries of our congressional and legislative districts, and the results can create complacent incumbents and disengaged citizens. Legislators meet behind closed doors with a team of lawyers — paid with taxpayer money — to figure out how to reapportion districts to their advantage without quite breaking the law. If both parties are making maps, neither ever accepts the other’s plan, so the state Supreme Court eventually has to take over and do the job for them. If one party controls all branches of the government, it gets to redistrict as it pleases, much to the consternation of the minority party. It will thunder against the majority for its unseemly methods of “grabbing power” while hoping voters don’t remember that it did all the same things 10 years ago. Then it and assorted special interest groups will file a passel of lawsuits challenging the new maps, and once again, the courts have to sort things out for us. Everyone knows it’s a bad system, but party leaders resist reforming it because having the power

ELLEN BUENO COMMENTARY

to redraw borders means having the power to tip the balance in a toss-up district toward their party or make a district uncompetitive and “safe” for the incumbent. That’s why there’s a funny S-shaped border between Wisconsin’s 1st and 2nd congressional districts. It loops west around Janesville to keep Republican Rep. Paul Ryan’s hometown in the 1st District, then swings east to give Beloit’s Democratic votes to the 2nd District. With the addition of Beloit, residents of the 2nd District like myself saw our district become so safe for Democrat incumbents that Republicans gave up supporting candidates to run against them. The incumbent — Tammy Baldwin then, Mark Pocan now — gets to coast along, term after term, unconcerned about challengers or constituents who aren’t Democrats. The champions of redistricting would call this a success. Their opponents gave up and

their incumbent can serve from the Barcalounger. But it’s really a failure for democracy. Wisconsin Democrats chose not to reform the redistricting process when they controlled the government, but Republicans now have the opportunity to show they are the party that serves the people instead of the other way around. Republican Sen. Dale Schultz and Democratic Sen. Tim Cullen are currently promoting a bill that would shift redistricting duty from lawmakers to the nonpartisan Legislative Reference Bureau. Senate Bill 163 and its twin, Assembly Bill 185, propose a system modeled on Iowa’s method, which has been working for the Hawkeye State since 1980. When it’s time to redistrict, Iowa’s majority and minority party leaders select four commission members to be part of the Temporary Redistricting Advisory Commission. Those four members elect a fifth member to be their chairperson. One noteworthy rule: Nobody on the commission can hold a partisan political office or even be related to or employed by a politician. A preliminary redistricting map is generated by a computer program that only uses population data as criteria. The commission works from that map to create compact districts of nearly equal size that don’t divide

counties or cities. Lawmakers can accept or reject the recommended maps, but cannot change them. If they’re rejected, the commission tries again. If the second plan were also rejected, the state Supreme Court would take over the process. But that has never happened. Iowa legislators have always approved the commission’s recommendations because its strict standards, transparency and political neutrality give it credibility and clout. Republican Senate Majority Leader Scott Fitzgerald says he’s uninterested in handing redistricting duties over to “an unelected, unaccountable board of individuals that could bring their own partisan leanings and internal agendas to the process.” So am I. But if Iowa can devise a system that sidesteps partisan agendas, Wisconsin can, too. The 2011 redistricting fight cost Wisconsin taxpayers more than $2 million. Republicans are the party of fiscal responsibility and limited government. They’ve proven they have the backbone and the brains to reform systems that don’t work for the people. So don’t stop now, Republicans. Let the history books show that you were the party that also reformed Wisconsin’s shabby redistricting process. Ellen Bueno is a longtime Baraboo resident.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Waupaca, Wisconsin State Farmer

Bill Continued from page 1 Sep 20 2013

Page A005 Clip resized 85%

From A001

Risk Management Agency and these private companies sets and provides different levels of subsidies but a typical level is 18.5 percent of the farmer-paid portion of the premium. This agreement between the USDA agency and the companies also determines how much risk the companies will have when they have ﬁnished writing their entire portfolio of insurance policies for the cropping year. At that time the companies determine what policies they would like to retain the premiums and liability for and which of them they will give over completely to the federal government. The requirement is that they must retain 20 percent of the policies they consider to be high risk and at least 35 percent of their entire business portfolio for each state. Rep. Ron Kind (D-WI) and Rep. Tom Petri (R-WI) along with six of their colleagues in the House introduced the AFFIRM Act because they said the program needed “bold reforms” and that it would save taxpayer dollars and promote transparency. Kind and Petri said the act would have saved taxpayers $11 billion over 10 years and would still have provided a safety net for smaller and medium-sized farms. “Unlike other subsidies, Congress does not know who receives crop insurance subsidies. Taxpayers deserve to know where their tax dollars are going,” Kind said. The measure - which ultimately didn’t survive as an amendment during debate on the farm bill in the House – would have limited the total value of crop insurance subsidies to $40,000 per person each year. Kind said that under current programs there is no cap. It would have also eliminated crop insurance premium subsidies for individuals with an adjusted gross income (AGI) of

more than $250,000 and would have required the private insurance companies to bear more of those “administrative and operating” expenses. Kind said that the measure would have promoted operating efficiencies in the crop insurance companies. The measure would also have lowered the “target rate of return” that USDA builds into premiums through the Standard Reinsurance Agreement, which is done in order to guarantee longterm profitability for crop insurance companies. Kind said that he introduced the measure after a Government Accounting Office (GAO) report showed that the top four percent of recipients benefit from onethird of all taxpayer premium subsidies. “The top 10 percent receive 54 percent of the taxpayer premium subsidies. This shows how topheavy the current system is.” He also voiced concern that as crop insurance subsidies become more important in replacing old farm safety net programs they could run afoul of international trade rules with the World Trade Organization (WTO.) The jury is still out on whether or not federally subsidized crop insurance programs in lieu of other farm subsidies are going to get the green light under WTO agreements. They may be considered a distorting influence on crop production. PROGRAM TRANSPARENCY If it had passed, the AFFIRM measure would have been a step toward promoting transparency in government subsidies by requiring the reporting of all parties that receive federally subsidized crop insurance, Kind said. That transparency in itself would have also been a step toward cutting down on waste, fraud and abuse, he added. In May, Petri said he was delighted to be part of the bi-par-

tisan effort to “provide a muchneeded tightening up of the crop insurance program.” Petri noted that the federal government subsidizes roughly 62 percent of farmers’ crop insurance premiums at a cost of $9 billion a year. America’s small farmers received only 27 percent of the subsidies, he said. The bill, he said, was intended to keep in place a safety net for farmers who need assistance, while ensuring the program is not exploited at a cost to taxpayers. It would have also prevented farmers from “farming for government insurance.” The men said that from 200112, crop insurance companies enjoyed $10.3 billion in underwriting gains. According to the GAO report, over 4,200 farmers individually received more than $100,000 in premium subsidies in 2011; 26 received more than $1 million in subsidies. In contrast, the bottom 80 percent of policyholders received only 27 percent of subsidies in 2011, with an average subsidy of around $5,000. Kind said that ﬁgure again highlights how topheavy the program is. DIVERSE SUPPORT Though it ultimately didn’t pass, the Kind-Petri measure had support from a wide range of stakeholders including several major environmental interest groups and a coalition of 12 conservative organizations. Joining Reps. Kind and Petri in sponsoring the bill were Reps. Jim Sensenbrenner (R-WI), Earl Blumenauer (D-OR), Rosa DeLauro (D-CT), Jim Cooper (DTN), Jim McGovern (D-MA), and Henry Waxman (D-CA). Some of those supporters noted that as the crop insurance program becomes the largest subsidy to farmers – and stands in for ad hoc disaster programs that Congress passed when severe weather warranted them –

a o w the program needs reforms that d will make it more targeted and B accountable to taxpayers. They said the AFFIRM pro- r posal would have done so by p establishing a modest payment limit and means test, by reduc- i ing subsidies for industry, and by a promoting transparency. R One of the reasons the mea- i sure had support from some environment groups is that the crop insurance program as it stands today has a conserva- a tion impact. Kind noted that it i promotes yield or revenue pro- s tections for farmers who bring d highly erodible land back into production. a That is an ongoing concern p for many in the farm bill debate. p The high price of corn and soy- s beans, coupled with the end of many Conservation Reserve Pro- $ gram (CRP) contracts, is likely to d entice farmers to return much of l that formerly protected land to m the production of row crops. “A generous crop insurance m program further incentivizes S production on these sensitive E areas absent a conservation com- c pliance program,” Kind said. As other safety net programs l disappear, the government con- l tinues to load up crop insurance r and it has become a new avenue p for taxpayer subsidies, he added. u With last year’s drought, the e government shouldered 75 percent of the $17 billion in crop in- n surance payouts, Kind said. “This program puts taxpayers on the hook for an inordinate amount of crop insurance subsidies.” His reform package would have eliminated the incentive to over insure, he said, and would not affect 96 percent of farmers, emphasizing the top-heavy design of the program. As it stands today the program contributes to further consolidation in agriculture as larger entities gobble up land and can protect their investment with government subsidized crop insurance, he added.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Cedarburg, News Graphic

Sep 26

Lawmaker’s attempt at secrecy is disappointing

2013

Legislators not above the law, should be open to scrutiny

Page A07

By Bill Lueders Wisconsin Freedom of Information Council president

Clip resized 51%

Guest viewpoint

The Wisconsin Freedom of Information Council, founded in 1978, seeks to safeguard access to information that citizens must have to act responsibly in a free and democratic society.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Sep 2013 Page 20 A001

Clip at 100%

Waupaca, Wisconsin State Farmer

Crop insurance reforms were proposed by state leaders during farm bill debate Jan Shepel Associate Editor

MADISON Third and ﬁnal in a series on crop insurance - now the method Congress has cho2 sen to help support agriculture. As the farm bill was working its way through Congress in May, two Wiscon-

sin representatives led a group of lawmakers that proposed major reforms to the federally subsidized crop insurance program they called “wasteful.” The bi-partisan bill, dubbed AFFIRM, (Assisting Family Farmers through Insurance Reform Measures) would have saved taxpayers $11 billion over 10

Yield prospects dip again for Wisconsin’s corn, soybeans

percent jump from the production in 2012. This would give the country a reMADISON cord production of 13.8 billion bushA shortage of rainfall and several els of corn. 4 periods of hot weather have combined Those numbers are based on a harto put another dent on the yield out- vest of 89.1 million acres of corn for look for Wisconsin’s two major cash crops. Yield Continued on page 4 According to the update report for Ray Mueller Correspondent

years, say the bill’s authors, by placing limits on how much crop insurance premium subsidies could go to one person. It would have also limited crop insurance premium subsidies for individuals with an adjusted gross income of more than $250,000. The measure would have also required more of the administrative and operating costs of the programs to be handled by the private insurance companies that offer coverage. The way the federal government runs the program, 18 private crop insurance companies are approved to write policies to farmers. A U.S. Department of Agriculture agency helps pay for their “administrative and operating” costs. The agreement between the USDA’s

Bill Continued on page 5

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Baraboo News Republic

Sep 26

2013 Page A05 Clip resized 94%

Redistricting needs reform I ’m going to join the chorus of newspaper folk asking Republican leaders to step up and do what other Wisconsin lawmakers haven’t had the courage to do: reform our redistricting process. Every 10 years Democrat and Republican lawmakers fight an expensive and hyper-partisan turf war over the boundaries of our congressional and legislative districts, and the results can create complacent incumbents and disengaged citizens. Legislators meet behind closed doors with a team of lawyers – paid with taxpayer money – to figure out how to reapportion districts to their advantage without quite breaking the law. If both parties are making maps, neither ever accepts the other’s plan, so the state Supreme Court eventually has to take over and do the job for them. If one party controls all branches of the government, it gets to redistrict as it pleases, much to the consternation of the minority party. It will thunder against the majority for its unseemly methods of “grabbing power” while hoping voters don’t remember that it did all the same things 10 years ago. Then it and assorted special interest groups will file a passel of lawsuits challenging the new maps, and once again, the courts have to sort things out for us. Everyone knows it’s a bad system, but party leaders resist reforming it

ELLEN BUENO

SUPPLY AND DEMAND because having the power to redraw borders means having the power to tip the balance in a toss-up district toward their party or make a district uncompetitive and “safe” for the incumbent. That’s why there’s a funny S-shaped border between Wisconsin’s 1st and 2nd congressional districts. It loops west around Janesville to keep Republican Rep. Paul Ryan’s hometown in the 1st District, then swings east to give Beloit’s Democratic votes to the 2nd District. With the addition of Beloit, residents of the 2nd District like myself saw our district become so safe for Democrat incumbents that Republicans gave up supporting candidates to run against them. The incumbent – Tammy Baldwin then, Mark Pocan now – gets to coast along, term after term, unconcerned about challengers or constituents who aren’t Democrats. The champions of redistricting would call this a success. Their opponents gave up and

Lawmakers can accept or reject the recommended maps, but cannot change them. If they’re rejected, the commission tries again. If the second plan were also rejected, the state Supreme Court would take over the process. But that has never happened. Iowa legislators have always approved the commission’s recommendations because its strict standards, transparency and political neutrality give it credibility and clout. Republican Senate Majority Leader Scott Fitzgerald says he’s uninterested in handing redistricting duties over to “an unelected, unaccountable board of individuals that could bring their own partisan leanings and internal agendas to the process.” So am I. But if Iowa can devise a system that sidesteps partisan agendas, Wisconsin can, too. The 2011 redistricting fight cost Wisconsin taxpayers more than $2 million. Republicans are the party of fiscal responsibility and limited government. They’ve proven they have the backbone and the brains to reform systems that don’t work for the people. So don’t stop now, Republicans. Let the history books show that you were the party that also reformed Wisconsin’s shabby redistricting process. Ellen Bueno is a longtime Baraboo resident.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Sep 2013 Page 26 A002

Clip resized 84%

Courier Sentinel 1

Report cards come out for schools, not children By KATHLEEN VINEHOUT, State Senator Report cards are coming out. Not for the 1 children, but for schools. These report cards help us know how our schools are doing and how schools can improve to help all students learn. Should private schools that operate with tax dollars have the same report cards? What if that school is funded 100 percent or near that 2 with tax dollars? This question was the topic of a recent Senate Education Committee hearing.

Each public school will soon release a report card given by the state. The school earns a score based on performance in four areas including student achievement in reading and math, student growth, closing gaps with students with different needs, and career and college readiness. Factors like graduation, attendance and ACT participation are included in the last category. State officials at the Department of Public Instruction (DPI) first released the report cards last year as part of a statewide school accountability system.

CENTRAL WISCONSIN PUBLICATIONS, INC. CAROL O’LEARY, PUBLISHER 3

COURIER SENTINEL • Cadott, Cornell & Lake Holcombe ISSN 0885-078X

Courier Sentinel (ISSN O885-078X) is a periodical newspaper published every Thursday by Central Wisconsin Publications, Inc., 121 Main St., Box 546, Cornell, WI. 54732 and entered as periodical matter in the Cornell, WI, post office. 4 POSTMASTER: Send address changes to: Courier Sentinel, PO Box 546, Cornell, WI 54732 Active member Wisconsin Newspaper Association. Sustaining member, National Newspaper Association. A SOUND PRINCIPLE: Every govern5 ment official or board that handles public money should publish at regular intervals an accounting of it, showing where and how each dollar is spent. We hold this to be a fundamental principle of democratic government. COMING EVENTS: If a function raises money, advertising the event is a normal ex6 pense and will be charged at regular advertising rates.

YEAR’S SUBSCRIPTION RATES Chippewa, Rusk and Eau Claire Counties ...................................................$30.00 Elsewhere in Wisconsin ..................$33.00 Outside Wisconsin...........................$40.00 Our policy is that no cash refunds are given for cancellation of subscriptions.

COURIER SENTINEL Cornell Office 121 Main St., Cornell, WI 715-239-6688 Cadott Office 327 N Main., Cadott, WI 715-289-4978 Business Manager .........Rebecca Lindquist Cadott Manager..............Monique Westaby Ad Production...........................Joy Bischel Ad Sales/Typesetter................Ginna Young Ad Sales ..................................David Barry Managing Editor .....................John Marder

The system was developed two years ago in a task force chaired by, among others, the governor and the superintendent of public instruction. At that time leaders of public and private schools who receive public money wrote about the importance of accountability: We believe that every school enrolling publically funded students – traditional public schools, charter schools or private schools in the choice program – should be part of this new accountability system (July 9, 2011 Milwaukee Journal Sentinel). Parents of students who attend private schools with state tax dollars will not read the school’s report card this year, or next year. Private schools are not yet required to complete the testing and other data collection used for the report card. The state budget created a loophole to not require testing of these voucher students for many years. Education Committee Chairs Sen. Olsen and Rep. Kestell want to change this. They introduced legislation to make good on the promise to keep all publically funded private schools accountable. They worked hard to bring uniformity to the measures used in the report card. They even asked the Legislative Audit Bureau to make sure all measures were uniformly and appropriately applied to all schools. Despite earlier promises to the contrary, private school lobbying groups balked at turning over student tests and other data to DPI. Private school representatives complained collecting student test scores, graduation rates, absenteeism and other data would be burdensome. These groups called the accountability requirement “onerous and invasive” and expressed concerns over student privacy. Sen Olsen told the committee “No matter

if you are public, choice or charter, if you get a check you need a check-up.” He explained both small public and private schools have privacy issues. For this reason federal requirements state if a group is smaller than 20 students no test score will be released. Some senators wanted to go farther in requirements for voucher private schools. Sen. Lehman and Sen. Shilling wrote a bill to add a number of public school requirements to publically funded private schools. These measures include background checks, teacher licensure, similar graduation requirements, building inspections and adherence to the state’s open records law. Sen. Lehman argued that both “inputs” what goes into a child’s education, and “outputs” -that child’s performance - are the types of accountability taxpayers expect. Sen. Vukmir expressed concerns private schools were “ceding all power to DPI.” Sen. Cullen responded by saying if a school is failing for six years it doesn’t make sense to put that school in charge of policing itself. Most publically funded private schools are in Milwaukee. DPI testified 78 percent of students in Milwaukee private voucher schools are attending with taxpayer money. It’s time taxpayers learned how well these schools are doing. Lawmakers and the governor should make good on their promise to hold all schools accountable. Soon you will see the report card for the local public school. Let’s make sure you can also see how well the students with taxpayer-funded vouchers are doing at the private schools. As Heather Ross, a mom who testified at the hearing to our committee said: “Whoever pays the piper, calls the tune.” When taxpayers are footing the bill, they deserve to see the results

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Fort Atkinson, Daily Jefferson County Union

Sep 26

Journalists need federal shield law now more than ever before 1

2013 Page 0002 Clip resized 84%

Who is a journalist? That’s not a question limited to college classes, like the one Steve teaches on media ethics at George Washington University. Congress now is grappling with a definition as it debates a media shield law that would protect reporters against “unwarranted intrusion” by federal prosecutors, in the words of Sen. Chuck Schumer. The bill passed the Senate Judiciary Committee with bipartisan support earlier this month and could soon be headed to the Senate floor. It sprang to life after a spate of intrusions by the Justice Department last spring graphically demonstrated how overzealous law enforcement can threaten the vitality of independent journalism. In one case, the department subpoenaed the phone records of Associated Press personnel who had broken a story about a failed terrorist plot in Yemen. In another case, a Fox reporter was branded a possible “co-conspirator” in an espionage investigation, an unprecedented attempt to criminalize the act of newsgathering. The ensuing outcry forced President Obama and Attorney General Eric Holder to revise Justice Department guidelines and make it harder for prosecutors to procure the testimony of journalists. But only Congress, they said, could decide who should qualify for those enhanced protections. Defining a journalist is not easy, and the shooting at the Navy Yard here in Washington this week showed why. Amateurs rushed to help with the coverage, monitoring police scanners, taking photos and videos, tweeting and re-tweeting information. Some of their contributions were very helpful, and crowdsourcing is a growing part of the media universe. Police pleaded for citizen journalists to help fill in the background of the Navy Yard shooter, Aaron Alexis. But the amateurs also made a lot of mistakes, and one of them was to take information directly from police scanners and post it HERMAN® by Jim Unger

on social media as established fact. Mark Brady, an information officer for Prince George’s County in suburban Washington, D.C., told AP that “People on Twitter take it for granted that (scanner chatter) is real and confirmed,” when it’s not. Relaying such data without confirming it is “asking for trouble,” he said. Jim Farley, an executive at allnews radio station WTOP, told the Washington Post that experienced journalists wouldn’t commit that error. “We’ve always had a rule here: A scanner doesn’t

COKIE & STEVEN V. ROBERTS

give you information; it tells you (whom) to call,” he said. “It’s not a source.” Yes, professional journalists make mistakes too. We’ve made plenty ourselves. But there is a difference between an amateur and a professional: a difference in training, standards, experience and purpose. And that difference should be recognized in federal law. A shield law that applies to anyone with a laptop or cellphone would be meaningless. It also could be dangerous. One example: Every good journalist takes national security seriously, balancing the right of the public to be informed against its right to be safe. The Washington Post did exactly that after receiving leaks about clandestine surveillance operations from Edward Snowden. It published the story but withheld the most sensitive details at the request of the Obama administration. Should Wikileaks, which shows no such regard for security concerns, enjoy the same protections as the Post? What about Snowden himself? If he sits in the Moscow airport, writing a blog on his laptop, does that make him a journalist worthy of legal protec-

tion? Obviously not. The line has to be drawn somewhere. And the Senate committee did a good job: It defines a journalist as someone who has had an “employment relationship” with a media outlet for at least one year out of the last 20, or three months out of the last five years. It also includes student journalists, as well as freelancers with a “substantial track record” of performance. The lawmakers understand that the online landscape is changing rapidly, and not all journalists get regular paychecks or even freelance assignments. So they drafted a provision that allows a federal judge to include under the law anyone else who is engaged in “lawful and legitimate newsgathering activities.” A federal shield law is needed now more than ever. As Obama has demonstrated, politicians have a growing ability to communicate directly with citizens over multiple social media platforms, and avoid the questioning and scrutiny of independent journalists. Republicans should realize they have a vested interest here. No White House, of either party, should have the power to intimidate its journalistic critics. So here’s a way to get Republican votes for the shield law: Rename it the “Hold Obama’s Feet to the Fire Act.” (Editor’s note: Steve and Cokie Roberts can be contacted by email at stevecokie@gmail.com.)

MODERATELY CONFUSED™ by Jeff Stahler

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Portage Daily Register

ANOTHER VIEW

Sep 26 2013 Page A05

Journalist shield law in Senate’s hands

The following editorial was published Wednesday in the Billings, Mont., Gazette, a Lee Enterprises Newspaper. Lee Enterprises is the parent 2 company of Capital Newspapers, which owns this newspaper.

Clip resized 69%

I 3

n the grind-it-out world of Washington politics, a galvanizing event is often needed to bring disparate interests together for the common good. In the case of the Free Flow of Information Act of 2013, now in the hands of the U.S. Senate, that event was the discovery, in May, that the U.S. Department of Justice had secretly subpoenaed personal and work telephone records for Associated Press reporters and editors, along with general AP office numbers in a variety of locations, including the U.S. House of Representatives press gallery. We urge the Senate to follow the lead of its Judiciary Committee, which recently endorsed the bill on a 13-5 vote, and move this measure closer to becoming law. We join with the Society of Professional Journalists in celebrating the Judiciary Committee’s vote. “This was a monumental step toward protecting journalists from overly aggressive federal agencies who would bankrupt or jail journalists for just doing their jobs,” said David Cuillier, the organization’s president. “Now I hope the Senate and House approve the bill so journalists report without the threat of prison.” We have the same hope. One of the potentially nettlesome issues addressed by the bill is what, exactly, makes a journalist. In an age where raw, unsubstantiated information proliferates, reasonable people can be hesitant to anoint anyone with an Internet connection and a police scanner as a journalist. Similarly, one might wonder how an organization like WikiLeaks, which makes classified information public without regard to its content, could qualify as a journalistic endeavor. Sens. Dianne Feinstein, D-Calif., and Richard Durbin, D-Ill., made a good-faith effort to establish a defining line: The Senate bill identifies a journalist as someone who has had an “employment relationship” with a media outlet for at least one year out of the past 20, or three months out of the past five years. In addition, the measure grants latitude for a federal judge to include anyone engaged in “lawful and legitimate newsgathering activities” under the law’s protection. We believe that is a good place to start. Our Founding Fathers saw fit to include a free press among the pillars of this nation. When legitimate news organizations are kept from their work — and their sources are cowed into fear — by overreaching, threatening federal agencies, the press is not free. Passing a shield law would be a step toward bringing things back into balance. We call on Sens. Max Baucus and Jon Tester, co-sponsors of the Free Flow of Information Act, and Rep. Steve Daines to push their respective legislative bodies toward passage of this important legis-

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Rhinelander, The Northwoods River News

District begins revising professional employee salary plan

Sep 26

Draft plan coming soon

2013 1

Page A005 Clip resized 62% 2

By Marcus Nesemann RIVER NEWS REPORTER

A who’s who of School District of Rhinelander (SDR) officials and staff members met with the Employee Relations Committee Monday evening to begin preliminary discussions on how to restructure the district’s salary plan for professional employees. The decision to restructure the plan was made in July when committee chairman Ray Burgan said he wanted a pay-for-performance plan ready to be implemented for this school year. That goal was deemed unreachable, however the rest of the committee agreed that a plan should be formulated for the 2014-’15 school year. The committee invited school officials and staff members to attend a brainstorming session Monday to begin discussions on the new plan. “We’re trying to design a salary strategy so we know what a new teacher should start at, where somebody who’s a high performer or low performer should be at, but we have a lot of options on the table,” Burgan said. “Tonight, we’re going to look at what we want for our goals with the salary structure. ... It’s about setting our priorities, our nonnegotiables, and the criteria for what we want the plan to do.” The purpose The discussion began with a dialogue about the purpose of the new salary plan. Superintendent Kelli Jacobi said the new plan needs to focus on improving teacher recruitment and retention and attracting teachers to areas experiencing shortages. “(Improving teacher recruitment and retention) is high on my list. This has to be motivating and not demeaning in any way,” Jacobi said. Not only should the plan help attract the best and brightest to Rhinelander, it should also help bring teachers into areas that are difficult to fill, Jacobi said. “As we’re doing the interviewing and hiring process,

we find there are areas that are already difficult and are going to become even more difficult and this is a way that we can hope to attract teachers in those areas,” she explained. Furthermore, Jacobi said the salary plan has to work seemlessly with a fair and balanced staff evaluation process. “Once we have that evaluation piece in place that will be able to tell us how teachers are doing, which teachers need more support, which ones can provide that support, that will help us in moving forward,” Jacobi said. “The process is multi-tiered. We’re looking at the educator effectiveness, the state’s model. We’ll be training administrators this fall to learn how to use that program so that we can implement it. We want to make sure the principals understand it first and then we’ll share it with teachers and get them more accustomed to it and then we’ll be able to use it next year.” Student achievement will also be a part of the new plan, Jacobi said. “The state tells us that (the student achievement piece) is coming, it’s going to be part of the evaluation process, so we need to decide how that’s going to fit in with our evaluation and salary restructuring plan,” Jacobi said. Finally, Jacobi said the new plan needs to motivate employees. “It has to be a motivational plan. It has to motivate staff. It can’t be demeaning. We want to go for that thriving mode,” Jacobi said. Fourth grade teacher Shari Wendland agreed. “A compensation plan for employees should motivate employees not penalize them. (It) should help teachers thrive in the classroom, not fight to survive,” she said. “A compensation plan that places employees down to the same rate of pay, a predetermined base if you will, has no basis other than sending the wrong message, depressing teacher salaries, and putting them into that survival mode rather than the thriving mode, and ... taking morale, as well as collaboration, to a whole different direction.”

Although the district is moving away from compensation based on seniority, high school teacher Fred Lintereur said the plan should still recognize the value of experience. “I know seniority has kind of become a four-letter word, but I think we need something in there as far as years of service. I think, as far as retention, as far as loyalty and dedication within the district, that needs to be recognized,” Lintereur said. Committee member Merlin Van Buren noted that many are calling for schools to be operated like businesses and seniority is a practice utilized in the business world. “In companies, a lot of times seniority gets you more vacation time. For teachers, that’s not really an option, so there’s got to be another way to recognize that,” he said. Non-negotiables After discussing the purpose of the plan, the group began outlining its nonnegotiables — aspects of the plan not open to discussion or modification. First, there were some obvious nonnegotiables. The plan cannot violate Act 10. It must be fiscally responsible. It can’t discriminate against anyone. It must be fair. It must meet all state goals and objectives. Furthermore, Assistant Superintendent Dave Wall said the plan must be something the district can realistically implement. “It has to be doable. It has to be a promise that can be fulfilled. In other words, to come up with a plan, and oftentimes plans look good and they sound good, but they’re really not doable. What’s even worse is to come up with a plan that is never implemented or implemented without fidelity,” he said. Wall said the district must make a plan that does not reduce salaries. “Another thing that I’d like to see on the nonnegotiable list is that there be no salary reduction per employee — no individual salary reduction,” he said. “In other words, it would be frozen. That’s the worst that you could do, if you were a low performer, is be frozen. The reason I say that is that we have other processes in

place to help poor performers improve.” Committee member Judy Conlin said the new plan needs to be transparent and easily understood. “I would like to see transparency and that it’s a plan that’s able to be easily understood, so that everybody can look at it and understand how decisions are made,” she said. Criteria The last part of the discussion centered around staff evaluation. Lintereur said there needs to be an arbitration process within the evaluation plan in case there’s a situation where a staff member disagrees with the findings. “We’ve talked before about that it’s subjective. There should be a clear system of arbitration if you don’t agree with your evaluation,” Lintereur said. “I don’t know if arbitration is the right word, but there has to be some way to come forward to mutually review the evaluation.” Jacobi said the evaluations and the evaluators need to be objective. “That’s good. I was going to add that evaluations have to be reliable and the validity has to be there,” Jacobi said. “It doesn’t matter who does your evaluation, it should be the same results. That means there has to be clear and concise training for evaluators, whoever they might be, ... so that they’re not subjective and they’re not arbitrary.” Jacobi also brought up transparency, noting that staff members need to know exactly what the evaluation process is and how it’s completed. “It has to be so clear that everyone impacted by it clearly understands it and knows what the expectations are,” she said. “There needs to be nothing going on that they’re not privy to.” Burgan said the evaluator needs to spend enough time with the staff member being evaluated to make sure the findings are valid. “The evaluator has to be able to see the performance enough to fairly evaluate it,” he said. “They have to be able to have the time to judge the performance.”

Central Intermediate School Principal Tim Howell said the evaluation needs to take into consideration factors including class size, staff responsibilities, and beyond. “How are we going to compare a Title 1 teacher to a special education teacher to a regular education teacher to a room that has 18 kids in it to a room that has 25 kids in it? Are there going to be categories or what are we going to do?” Howell said. “We need to look at all of that, at job responsibilities.” Finally, Conlin said the plan needs to recognize staff growth and development as well as student achievements. “We need to make sure we value professional development and growth. We want all teachers to want to get better,” she said. “It also has to be tied to student achievement and growth which we know is coming from the state.” Other districts For the final part of the brainstorming session, the group took a look at plans from districts around the state. The group reviewed compensation plans from Wausau, Lakeland Union High School, Three Lakes, Antigo, Chippewa Falls, Northland Pines, Merrill, and Fox Point Bayside. Since most districts are still in the early stages of salary plan restructuring, some of the information was not complete. The plans appeared to vary widely. Many had some sort of arbitration process in place, most did not allow for a salary decrease, and many took years of service into consideration. Some had no arbitration process, allowed for salary decreases, and did not take years of service into consideration. Moving forward The committee will now distill all the input it received into a draft. “It’s our job now to come back with one or two proposals. We’ll take all the input and come back with proposals to then get further input,” Burgan said. Marcus Nesemann may be reached at marcus@ rivernewsonline.com.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Viroqua, Vernon County Broadcaster

Sep 26 2013 Page A004

Clip resized 75%

Private schools collecting state money should be held accountable by the DPI by State Sen. Kathleen Vinehout Report cards are coming out. Not for the children, but for schools. These report cards help us know how our schools are doing and how schools can improve to help all students learn. Should private schools that operate with tax dollars have the same report cards? What if that school is funded 100 percent or near that with tax dollars? This question was the topic of a recent Senate Education Committee hearing. Each public school will soon release a report card given by the state. The school earns a score based on performance in four areas including student achievement in reading and math, student growth, closing gaps with students with different needs, and career and college readiness. Factors like graduation, attendance and ACT participation are included in the last category. State officials at the Department of Public Instruction (DPI) first released the report cards last year as part of a statewide school accountability system. The system was developed two years ago in a task force chaired by, among others, the governor and the superintendent of public instruction. At that time leaders of both public schools and private schools who receive public money wrote about the importance of accountability. We believe that every school enrolling publically funded students — traditional public schools, charter schools or private schools in the choice program — should be part of this new accountability system. (July 9, 2011 Milwaukee Journal Sentinel) Parents of students who attend private schools with state tax dollars will not read the school’s report card this year, or next year. Private schools are not yet required to complete the testing and other data collection used for the report card. The state budget created a loophole to not require testing of these voucher students for many years. Education Committee Chairs Sen. Luther Olsen and Rep. Steve Kestell want to change this. They introduced legislation to make good on the promise to keep all publically-funded private schools accountable. They worked hard to bring uniformity to the measures used in the report card. They even asked the Legislative Audit Bureau to make sure all measures were uniformly and appropriately applied to all schools. Despite earlier promises to the contrary, private school lobbying groups

balked at turning over student test and other data to DPI. Private school representatives complained collecting student test scores, graduation rates, absenteeism and other data would be burdensome. These groups called the accountability requirement “onerous and invasive” and expressed concerns over student privacy. Sen. Olsen told the committee, “No matter if you are public, choice or charter, if you get a check you need a checkup.” He explained both small public and private schools have privacy issues. For this reason federal requirements state if a group is smaller than 20 students no test score will be released. Some senators wanted to go farther in requirements for voucher private schools. Sens. John Lehman and Jennifer Shilling wrote a bill to add a number of public school requirements to publicallyfunded private schools. These measures include background checks, teacher licensure, similar graduation requirements, building inspections, and adherence to the state’s open records law. Senator Lehman argued that both “inputs,” what goes into a child’s education, and “outputs,” that child’s performance, are the types of accountability taxpayers expect. Sen. Leah Vukmir expressed concerns private schools were “ceding all power to DPI”. Sen. Tim Cullen responded by saying if a school is failing for six years it doesn’t make sense to put that school in charge of policing itself. Most publically funded private schools are in Milwaukee. DPI testified 78 percent of students in Milwaukee private voucher schools are attending with taxpayer money. It’s time taxpayers learned how well these schools are doing. Lawmakers and the governor should make good on their promise to hold all schools accountable. Soon you will see the report card for the local public school. Let’s make sure you can also see how well the students with taxpayerfunded vouchers are doing at the private schools. As Heather Ross, a mom who testified at the hearing said to our committee, “Whoever pays the piper, calls the tune.” If taxpayers are footing the bill, they deserve to see the results.

The view of others

Letter to the editor:

Kathleen Vinehout (D-Alma) is the State Senator for the 31st Senate District and an organic farmer. She was first elected to the state senate in 2006.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Sep 2013 Page 20 A006

Clip resized 87%

Green Bay Press-Gazette

FRIDAY, SEPTEMBER 20, 2013 e

OUR VIEW 1

www.greenbaypressgazette.com » (920) 435-4411

OPEN RECORDS

Elected officials should err on side of transparency A

state senator, with the state attorney general’s consent, is using an exemption in the state Constitution to avoid a civil suit that was filed over an open records request. The implications are far2 reaching and could hurt the history of openness and transparency in Wisconsin and our state government. In June, the Center for Media and Democracy filed a lawsuit against Sen. Leah Vukmir, R-Wauwatosa, accusing her 3 of failing to honor an open records request for materials from her May trip to an American Legislative Exchange Council conference. The CMD is widely considered a liberal organization — a nonprofit investigative report-

ing group. ALEC is a conservative think tank that offers model legislation to lawmakers, and Vukmir is the ALEC state chair for Wisconsin and is a member of its national board of directors The Center for Media and Democracy believes ALEC “has had significant influence” in the state and traced 32 bills and budget provisions in the 2011-12 legislative session to ALEC. Therefore, the CMD was interested in Vukmir’s involvement at the national conference. That’s the background. The key point is Vukmir’s defense. Last week, Vukmir said she couldn’t be sued while the Legislature is in session, or while she is in office. Then on Wednesday, Vukmir

said she had complied with the records request and turned over nine pages of records. But the CMD believes she has more ALEC-related materials. CMD General Counsel Brendan Fischer on Wednesday said ALEC has claimed that “materials it provides to lawmakers are not subject to any public records laws.” The two sides disagree on whether Vukmir has complied. They need a third party to intervene, and that’s why the CMD is taking her to court. Meanwhile, state Attorney General J.B. Van Hollen has backed up Vukmir’s defense by saying that Constitution shields members of the Legislature from “any civil process during the session of the Legislature.” The whole case is disconcert-

ing because Vukmir and Van Hollen stretch what is normally considered a session of the Legislature. Is it when the Legislature actually meets? For example, the Legislature was in session this month from Sept. 17-19. The next session is set for Oct. 8-17. Or is it the entire two-year term, from when the members of the Legislature are sworn in until they leave office, which could be two years, or many years, later? If it is the latter, then legislators would never be subject to civil lawsuits. If they fail to comply with your open records request, you’d have no way to press your case. If, for example, you wanted to know what special interest groups your legislator was

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

meeting with and you asked for that information through an open records request and got no response, or what you believed to be an incomplete response, you couldn’t file a civil suit and let a judge decide whether your request was met. It would allow our state government to secretly operate and keep its constituents in the dark. That’s not the type of open, transparent government we want in Wisconsin. The only recourse you’d have would be in the voting booth. Van Hollen considers himself a strong believer in open government. He has equated integrity in public office with openness. It’s time elected officials started acting with that integrity.

shall make no law respecting ent of religion, he free exerr abridging the eech, or of the ght of the bly to to petition the r a redress of

Sep 2013 Page 20 A004

Clip resized 97%

Monroe Times

STATE VIEW

Openness applies to lawmakers, too

By the La Crosse Tribune Should Wisconsin legislators have complete immunity to lawsuits while they are in office and perhaps 2 beyond? That’s the assertion that State Sen. Leah Vukmir, R-Wauwatosa, makes in a legal argument to an open-records lawsuit with support from Republican Attorney General J.B. Van Hollen. If that ridiculous assertion is legally 3 upheld, we might as well hang a sold sign on the front door of the Capitol because we will have lost the war to special interests. A lawsuit filed by the liberal Center for Media and Democracy contends 4 that Vukmir has violated state openrecords law because she has not turned over records concerning her

If that ridiculous assertion is legally upheld, we might as well hang a sold sign on the front door of the Capitol involvement with the American Legislative Exchange Council. ALEC is a conservative group that works with legislators around the country with plug-and-play legislation that can be introduced in any state. Although Wisconsin Republican leaders downplay the influence of ALEC, one needs only look at key legislative bills passed since 2011 that are directly from the ALEC playbook, including tort reform, telecommunications deregulation, voter identification, school vouchers and others. Vukmir has been an ALEC state

chairwoman whose job is to push ALEC bills, and she is the group’s national treasurer. Other legislators who have been sued by the Center for Media and Democracy have either turned over documents, admitted they violated the open-records law or continue to fight. Wisconsin’s constitution says lawmakers are not subject to being sued during the legislative session. That’s an important protection to allow our legislators to work independently and without threats of intervention. But Vukmir — through a motion

filed on her behalf by Van Hollen’s office — contends that the legislation session lasts the entire term or perhaps even beyond that. So, in other words, the public is no entitled to ever know, at any time, who has contacted their legislators, what documents they have received and who has their ear. That goes against the very principles of transparency and open government and would open wide the door to corruption. Each year, Van Hollen holds public records and open-meetings law sessions around the state to help inform local government officials and others about the state’s laws. It’s disappointing he thinks state legislators are apparently above the laws with which everyone else must comply.

ew:

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Madison, Wisconsin State Journal

Sep 20 2013 Page A04 Clip at 100%

Senator complied with open records law The headline on a Local digest item on page 5 of Thu dayâ&#x20AC;&#x2122;s paper mischaracterized state Sen. Leah Vukmirâ&#x20AC;&#x2122;s response to an open records lawsuit. Vukmir maintain the records she has already released constitute compli 1 ance with the law; she has not released additional reco or changed her position on the request by the Center fo Media and Democracy.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Beloit Daily News

Weekend Daily News

Editorial Sep 21

Clarity needed in government

2013

Uncertainties from Act 10 should be sorted out soon.

Page A005

MEMO TO THE SEVEN justices of the Wisconsin 2 Supreme Court: Get it in gear. Yet another ruling has been handed down from a Dane County judge, tossing one more monkey wrench into the works of Act 10, Gov. Scott Walker’s signature legislative measure all but ending collective bargaining for government employees (except public safety workers and a few others). And this ruling is so confusing even lawyers for the two sides can’t agree on what it means.

Clip resized 82%

THE RULING SEEMS to say the state cannot enforce the portion of the law requiring government unions to hold recertification elections on an annual basis. Then again, maybe not. “If you get to the bottom line, he (Dane County Judge Juan Colas) denies the request that we be enjoined from proceeding (with requiring annual elections),” the general counsel for the Wisconsin Employment Relations Commission, Peter Davis, was quoted saying. 4 “Completely wrong,” says Lester Pines, lawyer for the unions in the lawsuit. “The judge said, ‘That’s what my decision means’; the WERC is saying, ‘We don’t care.’ That kind of arrogance and lawlessness is emblematic of the Walker administration.” Fault the judge when he issues a ruling that leaves both sides scratching their heads over its confusing conclusions. 5 FOR THE MOMENT, let’s try to move beyond the relative merits of Act 10 and refocus on the need for clarity. Yes, we know, that’s hard. Some in Wisconsin love it. Others hate it. That’s not going to change anytime soon. Nor do we fault opponents when they take their grievances to the political arena. Act 10 supporters say it’s the law of the state and it’s time for the opposition to accept it and stand down. Tell that to Republicans in the 6 U.S. House of Representatives who have voted more than 40 times to repeal Obamacare. There’s nothing wrong with vigorously challenging contentious issues in the democratic way. Elections eventually settle the matter. Meanwhile, though, units of government have to build budgets and try to keep up with confusing signals from the courts. Is this a requirement? Is that now null and void? Should we negotiate that point? Or refuse to bargain? What happens if the law changes again placing a 7 unit in non-compliance? IT’S TIME FOR the Wisconsin Supreme Court to rule. The justices have accepted Act 10 cases but the process is moving slowly. Get going; it’s unfair to government managers, employees, elected city councils and school boards and — oh, yeah, taxpayers — to leave this dangling. It’s a fool’s errand to predict the outcome of a 8 Supreme Court ruling, but oddsmakers would not miss the frequently-displayed 4-3 edge held by conservative justices. Walker still looks to be in the catbird seat. Thus far, Act 10 has withstood every legal challenge, including in the federal court system. So get on with it, justices. Make a decision.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Waukesha, The Freeman

JESSICA McBRIDE

Sep 21

Vukmir’s immunity defense raises larger questions

2013 Page A06

Closing a door on open records

Clip resized 44%

First of all, I like Leah Vukmir. I think she’s a fine legislator. She’s hardworking and, in my view, generally right. However, she’s wrong to assert a novel defense that could result, if she is victorious, in Wisconsin lawmakers being exempt from open records lawsuits while they are in office. For some legislators, that could be a long time. Think how long Vukmir herself has been in office! Sure, Vukmir is entitled to raise a legal defense to an open records lawsuit brought by a liberal group. However, as a public servant, and, as a steward of the public trust, I do not believe she should raise this one. Neither should Attorney General Van Hollen, who is raising it for her as her attorney. Legislators are exempt from some lawsuits while they are in session. It’s the definition of session that is not clear here. That being: Does that mean when they are literally in session or does it mean their entire terms? Legal experts dispute it. It would fly in the face of Wisconsin’s storied tradition of open government for the citizenry and the media to not be able to turn to the courts to seek enforcement of open records and meetings violations by lawmakers during their terms in office. What pressure would there be on lawmakers, then, to fully comply (especially those who have long tenures and are unlikely to leave office soon)? And why would it be too much trouble to deal with an open records lawsuit when not actually in Madison? The public (and media) deserve to be able to monitor the functions Vukmir of government. That’s the basic principle underpinning our open records laws. It goes without saying that this watchdog function can help prevent excesses. Furthermore, the lawmakers work for all of us. They should be accountable to us. The Legislature, in my humble opinion, should get out of the “war games” mentality it sometimes seems stuck in. This is not about a liberal group upset about the American Legislative Exchange Council, or whatever. I don’t particularly care who the players are here. What I care about is the principle. And I want to see the public’s right to monitor the functions of government protected. Don’t think this argument, if successful, wouldn’t come back to bite conservatives, though. Conservative groups like Media Trackers or the MacIver Institute rely heavily on open records and meetings laws in their watchdog function over government (and liberal lawmakers). It would work both ways. Some might argue that she’s right on the law. Well, that seems far from settled. I am, thus, also very disappointed in Van Hollen for choosing to mount this defense. The AG doesn’t have to mount every single defense a single legislator wants, and he has chosen not to defend a Democratic lawmaker in a recent open records case (why didn’t he raise the immunity argument then?) and the state in others. His office won’t say why regarding the Democrat. That raises at least the perception of political unfairness. One pre-eminent conservative legal scholar told the media that the AG’s defense of Vukmir would seem to create a novel interpretation of immunity protections for legislators that were not intended. If it’s open to interpretation, interpret it on the side of the public good and historical precedent. Or stay out of it. Furthermore, if this was such a pressing constitutional matter, as the AG seemed to argue in a newspaper column this week, then how come for years and years and years, legislators were sued over open records laws and simply allowed the matter to be vetted out in court? No one raised this immunity argument. That worked fine. Vukmir’s supporters argue that she complied with the open records request. Obviously, the requesters disagree because they sued her. The AG should argue that she complied with the request, then, (if the facts back that up) and be done with it. He shouldn’t be putting forth a defense that could gut open meetings and open records laws. It’s a question of principle and grayness in the law and legislative intent, mostly. But it’s also just awful PR. To some, it makes the Legislature seem arrogant and like the Legislature is above public scrutiny (or scared of it). I don’t believe those things, but it makes it seem that way to some. Why would the Legislature want to define itself that way over a nothing lawsuit that Vukmir very well might just win on the merits without furthering some novel argument with sweeping consequence? This is also a surefire way to tick off every single editorial board. Since the AG has dug in his legal heels now, it’s Vukmir, the client, who should ask him to drop this, and the Legislature should define session in a manner that preserves the public’s ability to monitor the actions of legislators – during their terms. That’s exactly when the scrutiny matters most. Who cares what they did in the past when they are no longer in office? What matters is what is happening now, while bills are being debated and laws created. (Jessica McBride is a member of the journalism faculty at the University of Wisconsin-Milwaukee and a Waukesha resident. Her column runs Saturdays in The Freeman.)

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

West Bend, Daily News

JESSICA MCBRIDE

Sep 21

2013 Page A06

Clip resized 45%

What part of ‘people’s business’ don’t they understand?

First of all, I like state Sen. Leah Vukmir, R-Wauwatosa. I think she’s a fine legislator. She’s hardworking and, in my view, generally right. However, she’s wrong to assert a novel defense that could result, if she is victorious, in Wisconsin lawmakers being exempt from open records lawsuits while they are in office. For some legislators, that could be a long time. Think how long Vukmir herself has been in office! Sure, Vukmir is entitled to raise a legal defense to an open records lawsuit brought by a liberal group. However, as a public servant, and, as a steward of the public trust, I do not believe she should raise this one. Neither should Attorney General J.B. Van Hollen, who is raising it for her as her attorney. Legislators are exempt from some lawsuits while they are in session. It’s the definition of session that is not clear here. That being: Does that mean when they are literally in session or does it mean their entire terms? Legal experts dispute it. It would fly in the face of Wisconsin’s storied tradition of open government for the citizenry and the media to not be able to turn to the courts to seek enforcement of open records and meetings violations by lawmakers during their terms in office. What pressure would there be on lawmakers, then, to fully comply (especially those who have long tenures and are unlikely to leave office soon)? And why would it be too much trouble to deal with an open records lawsuit when not actually in Madison? The public (and media) deserve to be able to monitor the functions of government. That’s the basic principle underpinning our open records laws. It goes without saying that this watchdog function can help prevent excesses. Furthermore, the lawmakers work for all of us. They should be accountable to us. The Legislature, in my humble opinion, should get out of the “war games” mentality it sometimes seems stuck in. This is not about a liberal group upset about the American Legislative Exchange Council or whatever. I don’t particularly care who the players are here. What I care about is the principle. And I want to see the public’s right to monitor the functions of government protected. Don’t think this argument, if successful, wouldn’t come back to bite conservatives, though. Conservative groups like Media Trackers or the MacIver Institute rely heavily on open records and meetings laws in their watchdog function over government (and liberal lawmakers). It would work both ways. Some might argue that she’s right on the law. Well, that seems far from settled. I am, thus, also very disappointed in Van Hollen for choosing to mount this defense. The AG doesn’t have to mount every single defense a single legislator wants, and he has chosen not to defend a Democratic lawmaker in a recent open records case (why didn’t he raise the immunity argument then?) and the state in others. His office won’t say why regarding the Democrat. That raises at least the perception of political unfairness. One pre-eminent conservative legal scholar told the media that the AG’s defense of Vukmir would seem to create a novel interpretation of immunity protections for legislators that were not intended. If it’s open to interpretation, interpret it on the side of the public good and historical precedent. Or stay out of it. Furthermore, if this was such a pressing constitutional matter, as the AG seemed to argue in a newspaper column this week, then how come for years and years and years, legislators were sued over open records laws and simply allowed the matter to be vetted out in court? No one raised this immunity argument. That worked fine. Vukmir’s supporters argue that she complied with the open records request. Obviously, the requesters disagree because they sued her. The AG should argue that she complied with the request, then, (if the facts back that up) and be done with it. He shouldn’t be putting forth a defense that could gut open meetings and open records laws. It’s a question of principle and grayness in the law and legislative intent, mostly. But it’s also just awful PR. To some, it makes the Legislature seem arrogant and like the Legislature is above public scrutiny (or scared of it). I don’t believe those things, but it makes it seem that way to some. Why would the Legislature want to define itself that way over a nothing lawsuit that Vukmir very well might just win on the merits without furthering some novel argument with sweeping consequence? This is also a surefire way to tick off every single editorial board. Since the AG has dug in his legal heels now, it’s Vukmir, the client, who should ask him to drop this, and the Legislature should define session in a manner that preserves the public’s ability to monitor the actions of legislators — during their terms. That’s exactly when the scrutiny matters most. Who cares what they did in the past when they are no longer in office? What matters is what is happening now, while bills are being debated and laws created. (Jessica McBride is a member of the journalism faculty of the University of Wisconsin-Milwaukee and a Merton resident. Her column runs Saturdays in the Daily News.)

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Watertown Daily Times

Sep 21

2013 Page A006 Clip at 100%

Vukmir makes right decision on openness State Sen. Leah Vukmir made the right decision this week when opted not to challenge Wisconsinâ&#x20AC;&#x2122;s open records law by claiming she had â&#x20AC;&#x153;legislative immunityâ&#x20AC;? from requests for inforPDWLRQ IURP KHU RÎ&#x20AC;FH

A liberal group, The Center for Media and Democracy some months ago requested records about Vukmirâ&#x20AC;&#x2122;s involvement with American Legislative Exchange Council, a conservative group that works to shape state government agendas. Vukmir resisted releasing the documents and based that on a clause in the state constitution which grants legislators immunity from civil processes but only when the legislature is in session. Her original claim was that technically the legislature is â&#x20AC;&#x153;in VHVVLRQÂľ WKURXJKRXW KHU WHUP WKH LPPXQLW\ FODXVH ZDV MXVWLĂ&#x20AC;HG

Fortunately, she changed her mind this week and decided to release all the documents requested. +DG VKH VWRRG Ă&#x20AC;UP DQG RULJLQDOO\ ZLWK WKH VXSSRUW RI $WWRUney General J. B. Van Hollen, it would have made a mockery of Wisconsinâ&#x20AC;&#x2122;s Open Records law, at least temporarily.

We canâ&#x20AC;&#x2122;t imagine how any judge could uphold her reasoning. The legislature is not in session constantly throughout a two year period. There would be plenty of time where court proceedings could be held without interfering with Vukmirâ&#x20AC;&#x2122;s legislative duties. To us, this was a no brainer. It was a simple matter of an open records request being made and then having the custodian of the records provide the information requested.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Madison, Wisconsin State Journal

Sep 21 2013 Page A04 Clip at 100%

Compliance with records law still in dispute The headline on a Local digest item on page 5 of Thursday’s paper and on a correction on page 4 of Friday’s paper mischaracterized state Sen. Leah Vukmir’s response to an open records lawsuit. Vukmir maintains the records she has already released constitute compliance with the law. She has not released additional records or changed her posi1 tion on the request by the Center for Media and Democracy, which asserts in its lawsuit that the senator has not complied with the open records law.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Milwaukee, Journal Sentinel

Sep 22

2013 Page J003 Clip at 100%

} > Ä ÝiÁi\ i>V ÄÍÖ`i Í Ý Ö ` i>Á Í i V ÖÁÄi V Íi Í > ` Li >L i Í >¬¬ ß ÍÇ ¬Á Üi ` Ü `Ö> ÄÍÖ`ß >L ÍÄÇ > ` LiV i LiÍÍiÁ ¬i ¬ i ® iÄÍß] Ái >L Íß] V >Á>VÍiÁ¯ > ` V Í ãi Ä±

ÖÁ } ß Ïå ¬ ÖÄ ßi>ÁÄ v Íi>V }] »} ` ÄÍÖ`ß >L ÍÄ¼ ÝiÁi > V ÄÍ> Í ÁivÁ> V >ÄÄÁ Ä > ` ` ÁiVÍ ß V iVÍi` Í ÄÖVViÄÄ Í ß Í i V ÖÁÄi >Í > ` ® } iÁ ÍiÄÍ ÄV ÁiÄ > ` LiÍÍiÁ }Á>ìÄ¯] LÖÍ > Ä V i}i ÄÖVViÄÄ > ` vi }i iÁ> ± ¬ iÍ } `> ß iÝ Á ® Á > Ái>Ä >L i > Ö Í v Í i¯] ¬>ÁÍ V ¬>Í } V >ÄÄ > ` }Á Ö¬ >VÍ Ü Í iÄ] > ` iÞ L Í } > Li >Ü Á Í >Í ¬Á ÍiÄ ¬ Ä Í Üi i>Á } v Á Í i V >ÄÄ >Í > ` ÝiÁi Ü> Öi` >Ä Íi}Á> }Ái` i ÍÄ Í ÄÖV ViÄÄvÖ ÄÍÖì Í i>Á }± `] >Ä vi } i>Á iÁÄ] ÖÁ ÄÍÖì ÍÄ ii` Í i Ä Ä > ` >ÍÍ ÍÖìÄ Ý Í i>Á ì¬i ì Í ß > ` Ý Í ¬Á L i Ä Üi >Ä >`Ö ÍÄ± / iÄ >Ài V > } }± ` Í¾Ä ÄV>Áß± p¤ è CïC

- ÕÌ Ü>Õ ii

;è Ñd ;C¤ ª p¤ CÑp Ñ ß

-Í>Íi -i ± i> 6Ö Á > ` ÍÍ Á iß i iÁ> ± ± 6> i >Ái V ÁÁiVÍ ÁivÖÄ } Í Ái i>Äi ÁiV Á`Ä Ái}>Á` Í 6Ö Á¾Ä

Ü Üi i Í Ý Í Í i iÁ V> i} Ä >Í Üi ÞV > }i Ö V ®» i} Ä >Í ÁÄ >Ái Í >L Üi ÄÍ>Íi¾Ä ¬i ÁiV Á`Ä >Ý]¼ "ÖÁ 6 iÝ] -i¬Í± ¤È¯± Ä ÄÍ>Íi` Í i ÖÁ > -i Í i ] »

Ý Á Ä Ý Í V Á¬ Á>Í Ä > ` V ÄiÁÜ>Í ÜiÄ Í ÝÁ Íi ì i} Ä >Í Í >Í V> Li ÍÁ `ÖVi` ÄÍ>Íi i} Ä >ÍÖÁiÄ Í Á Ö} ÖÍ Í i V Ö ÍÁß±¼ / Ä i> Ä Í iß >Ái } >Í ß¬ Í iÍ V> vÖÍÖÁi i} Ä >Í Í >Í V Ö ` Li V } v ÁÍ ± / i }Á Ö¬ > iÄ ÄÖÁi Í >Í Í i i} Ä >Í V> Li vi>Ä L i > ` V> ¬>ÄÄ Í i ÍiÄÍÄ v Li } V ÄÍ ÍÖÍ > ± ß ` } Í Ä Liv Ái Í }iÍÄ Í Í i i} Ä >ÍÖÁiÄ] Í Ä Ä>Ü } Í i Í>Þ¬>ßiÁÄ iß Lß Li } ` i Í i ¬Á Ü>Íi ÄiVÍ Á± Í > iÄ ` vviÁi Vi v Í Ä > V ÄiÁÜ>Í Üi Á LiÁ> }Á Ö¬± / i i` Í Á > ÄÍ>Íi`] »7 i Í i V ÄiÁÜ> Í Üi >V ÜiÁ ÄÍ ÍÖÍi ÄÖi` i VÁ>Í V -i ± Á¬i L>V v Á i > Ä Ái >Íi` Í Í i Ôå¤¤ v } Í ÜiÁ V iVÍ Üi L>Á}> }] Í i >ÍÍ Á iß }i iÁ> ìV i` Í ìvi ` Á¬i L>V ±¼ / i ` vviÁi Vi Ä Í >Í Í i V iVÍ Üi L>Á}> } ÄÄÖi Ý>Ä >VÍÖ> ¬i ` } i} Ä >Í 7 Ä V Ä ± Í Ý>Ä > >ÍÍiÁ v ¬ÖL V ÁiV Á`± "¬i ÁiV Á`Ä >ÝÄ >Ái ÜiÁß ¬ ÁÍ> Í Í > V Í ãi Ä Í ii¬ ÖÁ } ÜiÁ i Í ÍÁ> Ä¬>Á i Í± / Ä ÄÖ Í Ä ÖÄÍ > ÜiÁÁi>V Lß > Ä¬i V v V }Á Ö¬ ÍÁß } Í }iÍ v Á >Í >L ÖÍ ¬ Íi Í > vÖÍÖÁi i} Ä >Í ± / i }Á Ö¬ Ä ÖÄÍ } Í }iÍ v Á >Í Í >Í Ä i v ÍÄ LÖÄ iÄÄ± Ñè]p CÑÑ Õª¤

"V Ü V

/ªª ] ªÕ ¤ Õ èÑß Õp¤ ªÑÕ - Ý] Ý>Ö ii Ö Íß ÞiVÖÍ Üi

Á Ä Li i Ý> ÍÄ Í Ä>Üi iß Lß V Ä } Í i ß ÍÝ ` Á ¬ Ä Í i Ý>Ö ii

Ö Íß *>Á Ä -ßÄÍi ®»{ ¬ V ÄÖÁiÄ V Ä `iÁi`]¼ -i¬Í± ¤ ¯± >Ä i iÜiÁ } i Í Í iÄi ¬ Ä > ` L ÄiÁÜi`· v i >`] i Ý Ö ` Äii `iÁ >`Ö ÍÄ

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Sep 2013 Page 20 A15

Clip at 100%

Beaver Dam, Daily Citizen

Openness applies to lawmakers too 1

La Crosse Tribune, Sept. 15

hould Wisconsin legislators have complete immunity to lawsuits while they are in office and perhaps beyond? 2 That’s the assertion that State Sen. Leah Vukmir, R-Wauwatosa, makes in a legal argument to an open-records lawsuit with support from Republican Attorney General J.B. Van Hollen. 3 If that ridiculous assertion is legally upheld, we might as well hang a sold sign on the front door of the Capitol because we will have lost the war to special interests. A lawsuit filed by the lib4 eral Center for Media and

Democracy contends that Vukmir has violated state openrecords law because she has not turned over records concerning her involvement with the American Legislative Exchange Council. ALEC is a conservative group that works with legislators around the country with plug-and-play legislation that can be introduced in any state. Although Wisconsin Republican leaders downplay the influence of ALEC, one needs only look at key legislative bills passed since 2011 that are directly from the ALEC playbook, including tort reform, telecommunications deregulation, voter identification, school vouchers and others. Vukmir has been an ALEC state

the entire term or perhaps even beyond that. So, in other words, the public is not entitled to ever know, at any time, who has contacted their legislators, what documents they have received and who has their ear. That goes against the very principles of transparency and open government and would open wide the door to corruption. Each year, Van Hollen holds public records and openmeetings law sessions around the state to help inform local government officials and others about the state’s laws. It’s disappointing he thinks state legislators are apparently above the laws with which everyone else must comply.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Sep 2013 Page 19 A008

Clip resized 78%

Milton Courier

VIEWPOINT

Radical idea: Lawmakers must follow the law

Since when did it become OK for state lawmakers to say a law does not apply to them? This week’s shadow on open government comes courtesy of a state Senator from the Milwaukee area with an assist from the Wisconsin Attorney General’s office. 2 The Milwaukee Journal Sentinel on Thursday reported Sen. Leah Vukmir of Wauwatosa responded to a lawsuit – which alleged her office violated the Wisconsin open records law – by claiming “legislative immunity.” Vukmir was sued in June by 3 the liberal Center for Media and Democracy for allegations she violated the open records law by withholding records related to her work with the American Legislative Exchange Council, the Journal Sentinel reported. ALEC works with conservatives and corporate interests to create model legisla4 tion for use in state legislatures nationwide. Representatives for Attorney General J.B. Van Hollen’s office argued on Vukmir’s behalf that

she cannot be sued because of a state constitutional provision that says legislators are not “subject to any civil process, during the session of the legislature,” during the 15 days prior to the start of a legislative session or 15 days after the end of the session. They contend the Legislature remains in session through Jan. 5, 2015, even though the Senate schedule clearly shows gaps between ﬂoor sessions throughout the biennial period. Van Hollen spoke out in defense of his argument on Tuesday after being taken to task by open records advocates in the press. He stated he has sworn to uphold the Constitution and Vukmir is invoking her constitutional right. That viewpoint is understandable and appreciated, but it is troubling that it appears Van Hollen and Vukmir are stretching what constitutes a session of the Legislature. “It’s hard to believe that the legislative intent (of the constitutional provision) was to say the Legislature should never be

Our view

Claiming ‘legislative immunity’ instead of releasing requested public records or defending the stance that they have already been released is simply a copout that could have grave consequences. subject to civil litigation,” Bill Lueders, president of the Wisconsin Freedom of Information Council, told the Wisconsin State Journal. Using that logic, why should any state lawmaker ever comply with the open records law? It certainly isn’t the first time a state lawmaker has tried to skirt the open records law, but this case appears to be the first time a lawmaker has claimed there’s nothing anybody can do to hold them accountable if they choose not to follow the law. Van Hollen’s office has the

authority to interpret and enforce the open records law and the office has used that authority in the past to initiate legal action against lawmakers for not following it. Van Hollen himself has been a vocal advocate for open records and open meetings, which is why this action has been startling. The intent of the open records law was to create government transparency, and the intent of the legislative immunity provision in the state Constitution was to keep legislators from being tangled up in lawsuits that would keep them from doing their jobs on the floor of the Legislature. If it’s true that Vukmir is withholding records that have been requested, then she’s not doing her job. In many cases, civil lawsuits against members of the Legislature that were filed for open records violations were settled out of court by simply doing what was asked in the first place and turning over the requested information. That was the case in 2012 when five state lawmakers were sued by

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

the Center for Media and Democracy for the same reason Vukmir is being sued. They, however, settled by releasing the records and paying court costs and fees. Van Hollen said Vukmir claims to have released all public records related to the Center for Media and Democracy’s request. If that is really the case, why not go to court with the defense that all documents have been released? Instead, we’re facing the potential establishment of a legal precedent that would undermine Wisconsin’s tradition of open government. Any legislator who acts ethically in ofﬁce should not fear an open records request. Legislators are elected to serve the public, and members of the public have every right to know what their representatives are doing in that capacity. Claiming “legislative immunity” instead of releasing the records or defending the stance that they have been released is simply a copout that could have grave consequences.

Sep 2013 Page 19 A006

Clip resized 82%

Medford, The Star News

No one should be above the law 1

Attorney General JB Van Hollen needs to remember who he works for. Or maybe the problem is he does, and it is just not the people who voted to put him in office. Van Hollen is backing state Sen. Leah Vukmir, R-Wauwatosa, in saying there is a constitutional bar to a legislator being sued while the legislature is in session. This constitutional provision is in place to prevent voters from losing their voice in government because their elected official is busy fending off civil claims. As reported in the Milwaukee Journal-Sentinel, the liberal Center for Media and Democracy sued Vukmir in June contending she had violated the open records law by not turning over records related to her involvement with the American Legislative Exchange Council. ALEC works with corporations and conservatives to write model legislation — including voter ID and stand your ground efforts — that can be introduced in state legislatures throughout the country. The five other legislators who were also sued for the same records all quickly turned over their documents as requested. Instead of complying with the spirit of openness that is intended to permeate government at all levels in Wisconsin, Vukmir’s aides threw a hissy-fit and lawyered up on the taxpayer dollar. Vukmir and the voters in her district need to be aware of the message she is sending. Sandbagging on a basic open records

request and mounting a costly and farfetched legal battle is not a good way to prove to voters that you have nothing to hide. Vukmir’s novel argument — and the one that makes this case so important for the those who want to keep an eye on what their government is up to — is the bizarre deﬁnition of what “in session” means. Attorney General JB Van Hollen, on behalf of Vukmir, is asserting that the legislature is “in session” during the legislator’s entire term in ofﬁce. This would effectively place members of the state

legislature above the law when it comes to any sort of civil action regardless of how many weeks it has been since they set foot in the assembly or senate chambers. It is the threat of remedy through civil action, which has been the main tool for those pushing for open government and access to government records. If Van Hollen is successful in pushing through this new broadening of the powers of legislators, it will effectively pull the teeth out of the watchdogs working to keep elected ofﬁcials accountable to the voters rather than kowtowing to special interest

and corporate lobbyists. Van Hollen, is correct in stating: “the issue then, is not if the public records law applies to legislators. It does. Legislators, like other public ofﬁcials, are under a legal duty to respond to public records requests as soon as practicable and without delay. The only question is when they may be sued for an alleged violation.” The clear answer is they are and should be held accountable for their actions whether in a court of law or in the court of public opinion, with the pause only for when the legislature is actually in formal session as intended by the framers of the state constitution. Vukmir’s and Van Hollen’s attempt to twist this very basic distinction is appalling. Wisconsin has a long tradition of open government providing access to records and government action regardless of what party is in power or who is making the request. Unfortunately, in recent years this openness has been attacked by those who care more for lining up their next job, or padding their campaign coffer than for the people they were elected to serve. The attorney general should be a champion of upholding the right of the people to hold their government accountable, instead Van Hollen has once again shown his true colors and his lack of regard for Wisconsin’s tradition of open and responsive government.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Ladysmith News - 2013/09/19 - A005 Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Madison, 77 Square

Sep 19 2013 Page A04 Clip at 100%

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Sep 2013 Page 19 004

Clip at 100%

Reedsburg Independent

Stuff 1

Indy column by Jeff Seering Some serious deadlines are approaching for the federal Affordable Care Act, better known as ObamaCare. While the bill has been talked about and debated for years, little explanation has been forthcoming so far about how it will affect individual people. The people it will affect most are people who currently don’t have health insurance. To answer those questions, the group Reedsburg Area Concerned Citizens, is holding an informational meeting on the subject on Sunday, Sept. 29 from 2 to 4 p.m. at the Reedsburg Library. There will be some expert speakers on hand and handouts will be available. ********* Do as I say, not as I do. That’s been the operating procedure of the Wisconsin state Legislature for the past several years, no matter which party is in charge. The Open Meetings Law it adopted several years ago applies to local government units but the legislature exempted itself from the law. That exemption allows the legislature’s majority party caucus, usually large enough to constitute a quorum, to meet behind

closed doors in secret to discuss and adopt the policies and bills that eventually become state laws. If a majority of a town, city, school or county board would meet in secret

Just Jeff...

to do similar things, they would be violating the Open Meetings Law, which is intended to bring the governing process out in the open for everyone except the state legislature. Now the state Attorney General has issued an opinion that a state Senator, Leah Vukmir, does not need to comply with an Open Records Law request because the state Constitution bars legislators from being civilly served in court suits while the legislature is in session.

The legislature has not been meeting fo several months but the legislature is now in terpreted as being in session from the begin ning to the end of the period legislator serve. That essentially means a legislator can ignore any Open Records Law requests. O course local officials must comply with tha law. The request to Vukmir was made by a lib eral organization seeking information on Vukmir’s contacts with the ALEC, a conser vative group that is alleged to create mode legislation that has been introduced worked for word in bills in several states. However if the Attorney General’s opin ion is followed, any conservative organiza tion seeking to explore ties of a legislator t a secretive liberal group would also run into an Open Records brick wall. The whole situation reminds me of th old feudal days in the Middle Ages when lords of the castle would sit in their castle and issue edicts without the need to explain themselves to the peasants. It’s no way to run a democracy.

Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association

Wisconsin Rapids, Daily Tribune 09/19/2013

Copy Reduced to %d%% from original to fit letter page

Legislators are not above records law

hen Leah Vukmir does it, that means it is not illegal. With apologies to Richard Nixon, that is the logic being used by some state officials as they seek to avoid complying with legally required open records law. Vukmir, the Republican state senator from Wauwatosa, has responded to an open records request with the extraordinary claim that she is immune from a lawsuit while the Legislature is in session — and that “in session” is defined as equivalent to her entire term in office. To understand how extreme a claim this is, think of what this interpretation of the law would mean. You are a concerned citizen, an investigative reporter, a member of an activist group. You file a legal request for records that the law requires to be open. The elected official says, nope, you can’t have it. And you are left with no options. None at all. The records are not open to public view, simply because the elected official has declared that to be the case. In a statement released Tuesday, state Attorney General J.B. Van Hollen defended Vukmir’s position — and his own office’s support of it — by noting that “Vukmir’s position is that she has fully complied with the public records law.” But it should be obvious that a system that makes an elected official herself the only arbiter of whether she is in compliance is not in the spirit of open records law. They’re the people the law gives us the power to check on! That’s why Wisconsin’s tradition has been to have robust protections for the public, and it’s why Van Hollen until recently has consistently argued that records custodians need to err on the side of openness. What is new here is Vukmir’s definition of “in session.” We are willing to agree that lawmakers should not be subject to civil suits that take them off the Capitol floor during budget negotiations or key votes. “In session” means — yes, it is this obvious, or should be — the time when the Legislature is actually in session. But it’s no good to keep the records shielded from the public for the official’s entire term in office. Often what the records contain is exactly what voters need to know before deciding whether the official deserves re-election. It is a bit like allowing your child to bar you from checking to see whether he’d cleaned his room until after he had already turned 18 and moved out. Van Hollen should know better. He has made access to open records one of his major issues. He regularly conducts open records training for public officials. In an op-ed column for Sunshine Week in March of this year, he wrote that public records and open meetings “provide broad access to information about how our state and local governments operate. The resulting public oversight forms an important foundation of our participatory democracy.” In 2010, he issued a statewide memo after the state Supreme Court found that the content of teachers’ personal emails were not subject to open records requests instructing records custodians to err on the side of openness. “Individuals who are concerned about misuse of public resources,” Van Hollen wrote then, “should not be deterred from making public records requests that might reveal the misuse.” We couldn’t have said it better ourselves. Van Hollen had it right in 2010, and should reconsider his 2013 view that when it comes to open records, legislators should get to decide for themselves what’s required.

Be vigilant, fight against Com

he set of new national education standards known as Common Core is bad for students, bad for teachers and bad for school districts. Have I left anybody out? Oh, and parents: Be vigilant. Where did Common Core come from? Let’s start back in the dark days of early 2009. The country was hurting. U.S. Reps. Dave Obey and Nancy Pelosi drafted a strategy called the American Recovery Act, or what would come to be known as “the stimulus.” Included in the bill was an allocation of $4.35 billion to the Department of Education, led by Secretary Arne Duncan. At the same time, local school districts were anxious because of shrinking tax income and their inability to achieve the expectations of No Child Left Behind. To solve this dilemma, President Barack Obama and Duncan came up with Race to the Top, a set of federal financial incentives for states to implement education reforms. By the summer of 2009, the trap was set. With a room full of governors whose states were starving for money, Obama addressed the National Governors Association, announcing Race to the Top. Here’s the catch: In order for the governors to get their hands on federal dollars and secure waivers from No Child Left Behind, they had to agree to accept

Common Core standards and implement Race to the Top policies. Where Jim Scott do we sign? No due diligence, no legislative review; Gov. Jim Doyle and state Department of Public Instruction Superintendent Tony Evers signed up because they wanted the money and the waivers. We’ll worry about Common Core later, they seemed to think, and nobody will notice. Obama was basically saying that if you want the money and the waivers, you have to adopt Common Core. Bribery, coercion, or just gamesmanship, I’ll let you be the judge. But Common Core was always linked to money. Let’s dispel the myth that Common Core is grassroots in its origin. It is a form of centralized control, period. Common Core is an example of the federal government imposing its will on the populace without consent. It was designed by Achieve Inc. and funded by folks like Microsoft’s Bill and Melinda Gates. Achieve’s leadership is composed of several east coast educational pseudo-elitists with an extreme socialist, progressive agenda. Achieve secured several grants from the Department of Education to design the Common Core standards. By getting the Na-

tional Governors Asso ciation and the Counci of Chief State School Officials to sign on, it gave the feds the cove they needed to make it look like Common Cor originated at the state level. Which is a relief because, you see it’s illegal for the Department of Education to design curriculum! Education has alway been one of the last ba tions of state’s rights. I Wisconsin, state statut provides the following guidance to citizens: “Each school board sh adopt pupil academic standards in mathema ics, science, reading an writing, geography an history.” Local school boards were forced to accept Common Core and its curriculum guidelines — remember, no Common Core, no money! School boards were terrified they would lo federal Title I money. S your school’s standard and much of the curriculum will now come from Washington, D.C from the Department o Education and its contractors, like Achieve and Pearson Education One of the stated lon term goals of some Common Core advocates is the ultimate elimination of local school boards. School administrations would be reduced to glorified paper-shufflers, waitin for the next regulation to come down from Madison or Washingto Many rank and file teachers are afraid to speak up. Remember Common Core is a coo

Congress can stop law in

e’re seeing yet another rerun in Washington, D.C., these days. Elected Republican “leaders” are running scared on an important issue and a critical opportunity to do something about it. The Affordable Care Act, better known as Obamacare, is about to embed itself into the federal bureaucracy. Yet despite promising voters they would do everything possible to fight it, many Republicans are balking at an important and meaningful opportunity to stop it. Fortunately, a new breed of conservatives is rising to fight for American families and against Obamacare. Senators Mike Lee of Utah, Ted Cruz of Texas, Marco Rubio of Florida and others reflect this new wave of leaders. Unafraid and undeterred by the consequences of choosing what is right over what is easy (otherwise known as what the GOP leadership wants), these

JENNY BETH MARTIN & L. BRENT BOZELL senators are leading the final battle against Obamacare, an effort to make sure taxpayers don’t get saddled with having to pay for this monstrosity. Every congressional Republican either voted against ObamaCare at the time of its passage or has since voted for its repeal. But those votes were symbolic, with no chance of success. When given the chance to take real action with consequential legislation, they run. Lee, Cruz, Rubio and a group of their Senate colleagues have risen above that fray of timid Republicans and pledged to use the approaching vote on a “Continuing Resolution” (intended to keep government running until a final budget is worked out) as a means of not funding Obamacare in this year’s budget and

September 19, 2013 3:42 pm /

making sure we do not pay for it. If the president can delay implementation Obamacare for Big Bu ness, Big Labor and Bi Government, why is th same consideration no made for American families who will bear the financial burdens and bureaucratic mora associated with this law The consequences o Obamacare are profound and happening right now: lost jobs and fewer work hours, high er health insurance pre miums, higher taxes, fewer doctors and man Americans losing their current coverage. Everything President Oba ma said Obamacare would do to help Amer icans has turned out to be false. He said health insurance premiums would go down; they’re set to go up. He said yo could keep your own private insurance; it turns out you may not b able to if your employe chooses to change it. H said it wouldn’t raise taxes; it does. He said you could keep your doctor if you wish; it

another report it requested revocation — for each type of medical board, said they could the paper, which contains some compile the report for 2003- of the information the commitearlier looking at disciplinary offense. Madison, Wisconsin State Journal 09/19/2013 “I’d like to see the distribution 2012. No timeline was set for tee is seeking for 2010-2012.‌ guidelines in Ohio.

stem exp rela tim stu vey is o agr how cha J Com stat wh tha to cha and

digest

State senator gives in to open records law MADISON — The state legislator claiming a constitutional protection from an open records lawsuit said Wednesday she is not above the open records law and has turned over all required documents. Sen. Leah Vukmir, R-Wauwa-

tosa, was sued by the Center for Media and Democracy, which requested documents related to her work with the American Legislative Exchange Council, a conservative organization that brings together businesses and lawmakers to craft model legislation. “I do not believe Legislators are above the public records

WOOD-LOOK

FLOORING

FOR LESS Nothing matches the look of real wood in your home. But if you are on a budget you can get real close. Save during the opening of our newly-expanded showroom and view the area’s largest wood and wood-look selections.

Wednesday that 24 acres of land at CamRock County Park near Cambridge is being designated as the pilot parcel in the “Organic Agriculture Lands” initiative. The land is suitable for farmers interested in growing crops such as grain or alfalfa which BRIEFLY could be sold to organic dairies, GOING ORGANIC: Dane beef producers and bakers. — State Journal, madison.com County officials announced law,” Vukmir said in a statement. “My position is that I have fully complied with the public records law and have produced all records subject to this open records request.”

2.25%

APY

Guaranteed for 3 years

GUARANTEED INTEREST GUARANTEED PRINCIPAL

Call 241-5678 • Only a 3 year commitment • Single Premium Deferred Annuities · Perfect for IRAs · $10,000 Minimum ($5,000 Minimum for IRAs)

MENNENGA TAX & FINANCIAL 814 Atlas Ave Madison, WI 53714

APY = Annual Percentage Yield Underwritten by ELCO Mutual Life and Annuity. Rates Subject to Change. Policy Form: WF105 Rates effective 11/09/12.

FREE ESTIMATES

Don’t Replace, • FAST, 2-DAY PROCESS

• FA • TH THA • THOUSANDS LESS THAN REPLACEMENT! • AL

Refinish!

• ALL WORK GUARANTEED

“Yesterday, my bathtu

We Also Repair and Refinish: • Countertops • Tile Showers & • Sinks & Vanities • Fiberglass Tub

Call for a FREE Estima

Each Method franchise independently ownedowned and operated. See o EachMiracle Miracle Method franchise independently and operated.

We ma your nei

• • • • • •

Up To

Quiet and available in handscraped and matte finishes. Laminate Floors

3.49/s.f.

from $

Material only.

Soft, quiet and looks like real wood. Luxury Vinyl Planks

from $

.59/s.f.

Material only.

,000 $1OFF • Roofing • Siding • Gutters • Windows • Water Restoration • Insulation • Decks • And More

20 ge

CALL FOR A F

CO C

FREEDOM CHECKING HAS NO MONTHLY SERVICE FEE !

WITH CHEC Durable and realistic.

September 20, 2013 1:30 pm /

A13 • Thursday, September 19, 2013

“Wisconsin’s independent voice”

OPINION

State Journal Editorial Board

Madison, Wisconsin State Journal 09/19/2013 Copy ReducedWILLIAM to %d%% from original to fit• letter page K. JOHNSTON Publisher JOHN SMALLEY SCOTT MILFRED Editorial page editor

Editor

The views expressed in the editorials are shaped by the board, independent of news coverage decisions elsewhere in the newspaper.

OUR OPINION

Keep sun shining on lawmakers L

egal arguments often hinge on a single word or phrase. “It depends on what the meaning of the word ‘is’ is,” after all. Add to the roster of creative legal linguists Wisconsin’s own state Sen. Leah Vukmir and Attorney General J.B. Van Hollen, who have manufactured a new way to keep the public in the dark. The liberal Center for Media and Democracy a few months ago filed a request for public records about Vukmir’s involvement with the conservative American Legislative Exchange Council, a favorite bogeyman of the left. She released a few documents, but the Madison-based group believes she has more, so it went to court. That’s when Vukmir, R-Wauwatosa, and Van Hollen’s Department of Justice came up with their legal dodge. In a court filing, they claim she cannot be sued because the state constitution guarantees lawmakers immunity to civil process “during the session of the Legislature.” It depends on what the meaning of the phrase “during the session of the Legislature” is.

Vukmir’s claim of immunity threatens Wisconsin’s open government law. The original intent of the Constitution was to ensure legal proceedings did not tie up a lawmaker, thereby denying the people representation. That’s not the case here. The legislative calendar contains plenty of gaps during which Vukmir could appear in court. Besides, in a case like this the lawyers would duke it out. Her physical presence would be unnecessary. Vukmir and Van Hollen suggest the session lasts all of Vukmir’s term, gaps or not. If she were re-elected, immunity could continue for another four years. The Center for Media and Democracy would be out of luck. If that’s right, lawmakers could avoid Wisconsin’s open government law. They alone would decide what the public gets to know. They could divulge the flattering and conceal the

AMBER ARNOLD — State Journal archives

Sen. Leah Vukmir speaks earlier this year at a hearing at the state Capitol in Madison. Her suggestion she’s immune to open records lawsuits is troubling.

embarrassing, and the public would have no neutral judicial redress. Transparency is a cornerstone of a healthy democracy. The people, even a

liberal watchdog group, need the ability to follow the money and the official actions of lawmakers. Without that, an informed electorate cannot exist.

GUEST COLUMN

Cover obesity treatments TOMMY G. THOMPSON

YOUR VIEWS

Is Visions’ sign really a pressing problem? The situation with the sign at Visions is like a bad joke, reappearing again and again. Visions again has put up a modest sign and is now under threat from the Madison zoning administrator, Matt Tucker, and

SEND YOUR VIEWS Send your letter, 200 words or less, to wsjopine@madison.com or to Letters to the Editor, P.O. Box 8058, Madison, WI 53708. Please include your full name, address and phone number for verification.

Really? Try this experiment. Set up a target representing two legs. Place your firing line about 20 feet away. Now run about a quarter of a mile to your firing line (to simulate stress), draw your weapon and fire three rounds at your target legs. Remember, this is combat shoot-

et’s face it: We are just too darn fat — both as individuals and as a society. And the problem isn’t going away. That includes my home state. Here in Wisconsin, we reside outside the obesity belt — but more than one in four Wisconsinites are obese. That’s too many. Obesity is more than an appearance or lifestyle issue. It has very real consequences, causing more and more chronic diseases. And those chronic diseases are killing more and more of our family members and putting a massive strain on our health system. Tommy G. In fact, a study released last month Thompson shows three times more deaths than previously thought are obesity related. That, quite simply, is unacceptable. We need personal solutions — and we need policy solutions to get obesity under control. First, personally. This is one I have been pushing for years. We must take personal responsibility by eating less, eating healthier and exercising more. That is the basic formula for losing weight. We all know that. But that doesn’t work for everyone. We can lecture, cajole and plead, but we still have an obesity problem. More than one in three American adults are obese — and the experts say it’s only going to get worse. That’s where the policy solution comes in. The American Medical Association recently — and rightly — classified obesity as a disease. That has sparked an important conversation about treatments September 2013 1:31 pm / and coverage20, of obesity. Medicare must begin covering obesity treatments because chronic diseases are a primary driver of

nes. You can to get some nt.com.

comparable). ... That’s a tive and unacceptable.” concert. apologizing profusely and Few would disagree with Reaction to the video was vowing to accept whatever Appleton, 09/19/2013 to %d%% frompeople original to fit letter page See PERRY, Page C2 But many also swiftPost-Crescent and severe. Everyone consequences theCopy teamReducedthat.

THE POST-CRESCENT’S OPINION

7277 views t or small

o, President f the world United States t Syria. we’re allowing be blown up we started. had the courpresident. The hiding behind e rest of the rian tip-toe ease give the efore you

OPEN GOVERNMENT AT STAKE IN STATE

VUKMIR THREATENS PRINCIPLE OF PUBLIC ACCOUNTABILITY

ck Frechette, Stockbridge

and last names nity of residence s can be edited for nute to leave your d messages and ersonal.

ION:

your children n?

ERS:

uch too often able: 50% vegetables. eir list: 26% d running on a 23%

nt poll and see s at www. m/polls

BUTE

escent.com

, nt, P.O. Box 54912

Appleton shington St.

ude your first day and night name and ed. Anonymous and first ntributors verified to our d to submit

o one pubhed phone call no longer

dited if necesclarity, brevity urces for facts r letter or call. material must

GETTY IMAGES

he state’s public records law is a hallmark of Wisconsin’s bedrock principle of open government. It holds that the public has a right to know what government is doing on its behalf. It’s vital to ensure the oversight and accountability of public officials. That principle is threatened, however, by state Sen. Leah Vukmir. Vukmir, a Republican from Wauwatosa, is being sued by the Center for Media and Democracy, which has requested public records related to her involvement with the American Legislative Exchange

Council, an organization that promotes conservative legislation. Vukmir turned over some records but the Center for Media and Democracy contends there are more that she’s withholding and is suing her to get them. In response, Vukmir said she’s immune from lawsuits because of a provision in the state constitution that says legislators can’t be sued while the Legislature is in session. She contends that “in session” means her entire term. That’s a subversion of both the constitution and the public records law. Unfortunately, she has Attorney

General J.B. Van Hollen on her side. The Department of Justice that Van Hollen heads is actually defending Vukmir in the lawsuit. Van Hollen, who has been an open-government advocate, claims he has to defend Vukmir because she did comply with the public records request and that, as a result, his constitutional obligation takes precedent. The Department of Justice is often asked to provide its interpretation of a legal issue. In this case, Van Hollen’s interpretation is wrong. Vukmir takes the term “in session” and stretches it beyond reason. Van Hollen shouldn’t defend her blatant

COMMENTARY

disregard for the public she serves. It endangers the standard of open government that he has so passionately promoted. Look at it this way — if Vukmir wins, no state legislators will ever have to comply with a public records request. They can simply say the records don’t exist — and the requester will have no recourse. Legislators will be able to hide all of their communications. As the late Supreme Court Justice Louis Brandeis said, “Sunlight is said to be the best of disinfectants.” The darkness that Leah Vukmir seeks will make state government dirtier.

September 19, 2013 3:29 pm /

a felony punishable by up to 10 years in prison and Baraboo News Republic 09/19/2013 $25,000 in fines. Detectives believe Remus’ husband, Jeffrey

there and he replied: “the less you know, the better.” She denied to investigators Vogelsberg ever took her to the woods. But

Senator responds to criticism regarding open records lawsuit Matthew DeFour Capital Newspapers

MADISON | The state legislator claiming a constitutional protection from an open records lawsuit said Wednesday she is not above the open records law and has turned over all required documents. Sen. Leah Vukmir, R-Wauwatosa, was sued by the Center for Media and Democracy, which requested documents related to her work with the American Legislative Exchange Council, a conservative organization that brings together businesses and lawmakers to craft model legislation. “I do not believe legislators are above the public records law,” Vukmir said in a statement. “My position is that I have fully complied with the public records law and have produced all records subject to this open records request, as I have done with the five previous requests from CMD since the beginning of April.” Groups monitoring ALEC’s activities are concerned the organization has instructed legislators that its documents are not subject to open records laws, said Brendan Fischer, general counsel for the Center for Media and Democracy. Fischer said ALEC might be using an Internetbased document storage system, such as Drop Box, so that legislators can access documents, but never be in possession of them, thus shielding them from records requests.

Remus’ attorney, William Jones, brokered a plea bargain with prosecutors that called for Remus to plead guilty to two new

already has serv than seven mon leaving her with than a month to An after-hou

Keeping it

On Politics State Journal reporters Matthew DeFour, Dee Hall and Mary Spicuzza bring you their takes on state and Madison-area politics. • Read more from this blog Follow @mspicuzzawsj Follow @WSJMattD4 Follow @deejhall

“The idea that a lobbying organization should have all its contacts with legislators to be secret is pretty shocking,” Fischer said. The lawsuit alarmed open records advocates when state Attorney General J.B. Van Hollen, who is representing Vukmir in the case, argued that the state constitution protects lawmakers from civil litigation during the legislative session. Van Hollen said the protection extends as long as a legislator is in office, while open records advocates say it refers only to floor sessions. Van Hollen responded to critics Tuesday saying legislators are required by law to follow the open records law, but that doesn’t mean they can be sued because of the constitutional protection. “This has proven to be an unfortunate and largely misunderstood matter, and due to the current legal situation, I will continue to refer future inquiries to the Department of Justice,” Vukmir said.

Phyllis Kitowski, of Monona, feeds bread to the Park on Lake Monona in Madison on Wednesda Kitowski said.

Lawmaker estate re The Associated Press

MADISON (AP) | Gov. Scott Walker’s administration got the green light Wednesday to move ahead with more aggressive tools aimed at recovering assets from the estates of former Medicaid recipients. The Legislature’s budget committee, on a divided 10-6 vote, scaled back some elements of the program it had earlier approved as part of the state budget, but allowed the majority of it to stand. All four Democrats, along with two Republicans, voted against Septembermoving 20, 2013forward, 1:21 pm saying / the ramifications were

through,” said Bob Wirch, D ant Prairie. Federal law every state to estate recover to reclaim Me money spent term care, but islature in thi budget greatly what could be back in Wisco in the months budget passed mer, elder law bankers, those estate industr critics said th could lead to s elderly people divorced or m difficult for ch inherit the fam business or pr

19 for our next event. We appreciate all our teens and everyone’s support. See everyone in October! Copy Reduced to %d%% - Jeanne Barr

Gays Mills, Crawford County Independent & Kickapoo Scout 09/19/2013 from original to fit letter page

Protect the law By BILL LEUDERS The Wisconsin Freedom of Information Council is shocked and saddened that a member of the Wisconsin State Legislature is, with the help of the Wisconsin State Attorney General’s Office, effectively claiming immunity from the state’s Open Records Law. As reported by the Milwaukee Journal Sentinel, Wisconsin State Senator Leah Vukmir (R-Wauwatosa) is advancing a legal argument that “would let all lawmakers ignore the Open Records Law.” The senator claims she cannot be sued while the legislature is in session and that the session extends for a legislator’s entire term. Our state’s openness laws are fundamental to its ability to function as a democracy. Members of the state legislature, which passed these laws, ought to respect that. We call upon State Senator Vulmir to reconsider her position in light of the damage it could cause to the state. So far as we can recall, no lawmaker has ever before tried to defeat the state’s open records law by employing this ruse. We are deeply disappointed in both Senator Vukmir and the Attorney General’s Office, for the position it has taken, in its Sept. 11, 2013 court filing. The Wisconsin State Attorney General’s Office has statutory authority for interpreting and enforcing the state’s openness laws. In the past, the office has initiated legal action against members of the legislature. In fact, lawmakers have been sued for violating the Open Records Law on a number of occasions, listed below. They sometimes lost, sometimes settled, and sometimes won. But in no prior instance did they claim to be above the law. Wisconsin’s traditions of open government, including the ability to litigate cases of alleged noncompliance, have served the state well. That is not a tradition with which we should dispense. Some prior cases of Open Records lawsuits against state of Wisconsin lawmakers: • WI State Journal v. WI Joint Committee on Legislative Organization, Sen. Alan Lasse, Sen. Mary Panzer, Rep. John Gard, Dane County Case Number 2003CV003343. Brought by news media to obtain an investigative report into operations of the Joint Committee on Legislative organization. The report was released. • State of WI v. David A Zien and Scott Gunderson, Dane County Case Number 2005CV002896. Brought by state Attorney General Peg Lautenschlager, alleging that the lawmakers were violating the law in not providing access to draft bills being shared with others. The case was dismissed by an appellate court because Lautenschlager was no longer in office. • Democratic Party of WI v. State Sen. Dan Kapanke, Dane County Case Number 2009CV003928. This case settled when Sen. Kapanke produced the disputed records; he later promised to reimburse taxpayers for attorneys fees. • John K Maciver Institute v. Jon Erpenbach, Grant County Case Number 2012CV000063. A conservative public policy group sued state Sen. Erpenbach, alleging he violated the open records law in redacting identifying information from requested records. A circuit court judge ruled in Erpenbach’s favor but the case is on appeal. Leuders is the President of the nonprofit Wisconsin Freedom of Information Council.

A spider web’s lessons of life

One day I noticed a large spider web in a corner of the window that overlooks the back yard. Luckily, it was on the outside of the window. With colder weather and fall approaching, spiders have been busy gathering the last mosquitoes, flies, and other winged prey. There was a fly trapped in the web outside the window. I watched as the spider suddenly appeared from somewhere near the bottom of the web. When he reached the struggling fly, the spider began to rotate it, weaving silk strands around it. When the spider was finished, the fly was wrapped inside a silken cocoon. In all my years of observing life and nature around me, I had never seen a spider wrap a fly. He must have been full and wanted to save the fly for a later meal. It reminded me of Frodo in The Lord of the Rings when a giant spider paralyzed him and wrapped him in a silk cocoon. As I watched the spider and examined the spider’s web, I remembered Loren Eisele’s “Unexplained Universe” in which he writes about the lessons of life he learned from observing a spider web one day. As he watched how the spider reacted when he poked a pencil at the web, he realized that man does not exist in the spider’s universe. The only thing that concerned the spider was what kind of meal had become trapped in his web. He realized that like the spider, man is only concerned with those things that happen in his immediate universe. I began thinking about Eisele’s observations and realized how true they are in my own life. The web of my life stretches out from a central point. Wherever I’m located is the center of that universe, whether it is in my house or somewhere along my travels through life. Wherever I am, is the center of the universe–at least to me. That’s not unlike the area of the web where the spider might be found. Nothing con-

cerns the spider unless it invades the boundaries of its web. Any living creature that becomes entangled in the web will struggle to try and free itself, and the spider can sense the struggle and ventures forth to greet his prey and next meal. An inanimate object, like Loren Eisele’s pencil, will not put up a struggle and the spider will ignore it, knowing it’s not a meal. I realize, that like the spider, we as humans, are for the most part, only concerned when something happens that will have an impact on us, or

doesn’t pertain to their universe or web of life. Unlike the Vietnam War, which had an enormous affect on our family, the wars in Iraq and Afghanistan have had little, if any, direct affect on my daily life. It doesn’t have as much impact in my universe. If it suddenly touched someone close to me, and they were killed or seriously wounded, then it would become part of my universe. I look around me at my web of life and realize how small my universe really is. In proportion, it’s

Across the fence by Howard Sherpe

those close to us. Wars and famines in other countries are something to think about, and talk about, but the vast majority of people are not directly affected by those events. Therefore, we essentially go about our daily lives as if those events didn’t exist. People are starving to death all over the world every day, but I eat good and gain weight. Starving people do not exist in my universe. People suffering from diseases like AIDS are not in my universe unless it hits close to home. Until it enters the boundaries of my web, my universe, it has no affect on me. Drug dealing and gang related activities don’t exist in my universe. Oh, I know they exist somewhere out in the world around me. However, until I, or someone close to me, gets mugged or is robbed by a person looking for drug money, it’s not a part of my immediate universe. Wars don’t concern people unless they or a loved one are involved. If no one close is involved, the war

not much bigger than the web of that little spider. Not only does a very small part of the universe have a direct affect on my life, but I have very little direct affect on most of the universe. The web of life churns on and on at an increasing rate of speed and I hang onto the threads for dear life, knowing that if I let go, the web could spin away from me in the blink of an eye. The key to this web of life seems to be learning what affects us and what affect, hopefully positive, we can have on the universe and the people around us. The web for most of us is not very big. Like the spider, we must learn to sense what is important and what is not. Then we can react to those things that we can have some control over, and not worry about those things that we have no control over. That knowledge and understanding would make life a lot less stressful for all of us. We can learn a lot from observing a spider and its web. They have lessons to teach us about life.

2003: Village Greenhouse is destroyed by fire TEN YEARS AGO September 18, 2003 – The Village Greenhouse was destroyed in a fire early in the morning on Sept. 11. The store and the older greenhouse directly behind the store were total losses. The fire was believed to have begun due to an electrical short. Owner Joe Brandt vowed to rebuild… Only eight people attended the Seneca School annual meeting. TWENTY YEARS AGO September 16, 1993 – Fortyeight electors attending the North Crawford Schools annual meeting approving a $1.2 million levy, a 1.71-percent increase over the previous year… The Gays Mills PACE Club raised almost $1,500, with which they purchased a merry-go-round for the Log Cabin Village Park… The Kickapoo Exchange Food Co-op hosted speaker David Bell, an English teacher who worked in Moscow, Siberia and Dubna, Russia. Bell was involved in the sister city pairings of LaCrosse/Dubna and Viroqua/ Taldom. THIRTY YEARS AGO September 22, 1983 – John Bane, 52, died after being badly mauled by a bull. Bane and his wife Rita ran the Continental Theatrical Agency, an adult entertainment agency booking supper club entertainment in the U.S. and abroad

from their rural Soldiers Grove farm… The North Crawford School Board approved a project that would have the Crawford County Sheriff’s department fingerprint and ID all the children kindergarten through eighth grade… The Gays Mills Swimming Pool deficit was less than anticipated. The village has allocated $4,500 for the annual operating deficit, which came in at only $1,908. Donations from area townships and villages helped offset the shortfall… Joe and Stephanie Brandt opened the village GreenHouse in Gays Mills. The Brandts planned to expand the newly built floral shop with a greenhouse in the spring.

Remembering the way it was Compiled by Erin Martin

FORTY YEARS AGO September 20, 1973 – North Crawford High School was facing New Lisbon on the field for Homecoming… Someone shot three Holstein heifers and left them to die on the Herbert Berkum farm in rural Mt. Zion. The three missing heifers, initially thought to have strayed

or been stolen, were shot in the gut and died of peritonitis… Due to an increase in the cost of supplies, the Mt. Sterling and Utica churches canceled their annual lutefisk suppers… The Kickapoo Valley Medical Clinic in Soldiers Grove opened for business… “Invasion of the Bee Girls” was opening at the Blaine Theater in Boscobel, following Bruce Lee’s “The Chinese Connection.” FIFTY YEARS AGO September 18, 1963 – Plans for a 25th Anniversary Commemoration of the Crawford County Soils Conservation District and Civilian Conservation Corps reunion were reported to be progressing well. The event would be held in conjunction with Gays Mills Lions Club’s annual three-day fall celebration… The Gay Squares, a square dancing troupe from Gays Mills, performed in the Wisconsin Dells over the weekend. SIXTY YEARS AGO September 17, 1953 – The 44-year-old steel bridge crossing the Kickapoo River in Soldiers Grove was moved approximately 50-feet upstream as part of the effort to build a new bridge in the village… An hour-long hailstorm and the season’s first frost hit Copper Creek. Some farmers were still harvesting tobacco from their fields at the time.

120 Sunset Ridge Ave, P.O. Box 188 Gays Mills, WI 54631 Phone: (608) 735-4413 • Fax: (608) 735-4419 Publisher - John Ingebritsen Editor-Charley Preusser...............indnews@mwt.net Gen. Manager-J. Roth.....advertising@boscobeldial.net Ad Manager-Bonnie Olson...........indscout@mwt.net Reporter-Erin Martin.................indreporter@mwt.net

Kickapoo Scout

Postage paid at Gays Mills, WI 54631 - USPS 13696 Published weekly by Morris Newspaper Corporation of Wisconsin. Yearly subscription rates: In Wisconsin, $33; elsewhere $38. Contents © MMVIII by Morris Newspaper Corporation of Wisconsin. All rights reserved. PRINTED ON RECYCLED PAPER, 40% POST-CONSUMER WASTE MEMBER OF THE WISCONSIN NEWSPAPER ASSOCIATION

September 19, 2013 3:31 pm /

ramp is scheduled to re- some variation to coordiopen on Oct. 4. nate with police operaThe work tions. 09/19/2013 Greenzone Bay along Press-Gazette Monroe Avenue from The application deadMain Street to Cass Street line is Sept. 27. The appliis reduced to one lane in cation, requirements and each direction. All lane re- a waiver can be found onstrictions and work opera- line. tions depend on the weathThe interactive proer and are subject to gram is a mix of classroom change. and hands-on training aimed at giving residents — Press-Gazette Media a better understanding of the department and duties of officers, said Lt. Kevin GREEN BAY Warych, the department’s Sanctuary shifts public information offito winter hours cer. Participants will get a The Bay Beach Wildlife Sanctuary has implement- look at the dive team and ed its winter operating marine unit, SWAT team, hours. That schedule is in animal control, community policing, patrol operaplace through mid-April. investigations, The Nature Center is tions, open 8 a.m. to 4:30 p.m. dai- drugs, use of force, firely. The observation build- arms, canine unit, school ing, where people can resource officers and bring animal care and in- crime prevention. The program has room jured animals, is open 8 a.m. to 4:30 p.m. daily. The for 25 participants. For more information, hiking trails are open 8 a.m. to 4:30 p.m. daily. The contact Sherry Bosar at woodland building and (920) 448-3234 or Lt. Jeff habitrek are open 9 a.m to Brester at (920) 448-3082. 4:30 p.m. daily, and the gift shop is open noon to 4 p.m. — Press-Gazette Media daily.

MILWAUKEE Man pleads no contest in hit-run

— Press-Gazette Media

GREEN BAY Applications taken for police program The Green Bay Police Department is taking applications for its annual Citizens’ Academy, which gives residents an inside look at department opera-

ions

mswi.com ASE CALL! PR-no cost over $125K % APR ment Properties

er • Wisconsin’s Low Rate Leader •

PPLETON

is Car Sales 8-355-9798 rgstrom Acura 8-802-6191 rgstrom of Kaukauna 8-503-0085 rgstrom Luxury on ctory Lane 7-634-2681 rgstrom Imports on ctory Lane 7-245-2925 rgstrom GMC, Buick, Appleton 8-294-6710 rgstrom Chevrolet

Wisconsin’s Low Rate Leader • Wisconsin’s Low Rate Leader

r • Wisconsin’s Low Rate Leader •

A Milwaukee man has pleaded no contest in the hit-and-run death of a woman as she ran across a street last month. Forty-eight-year-old Edwood Hastings entered his plea Wednesday to hitand-run causing death, a felony. The court then found him guilty. Thirty-two-year-old Andrea Barringer was leaving a cafe on the night of Aug. 11 with friends when she was struck and killed. Witnesses say Hastings was speeding. Police found Hastings’ car at his home the next morning, about the same time Hastings had turned himself in.

Homan Auto Sales 866-906-2969 Lenz Truck Sales 866-347-3383 Lomira Auto 866-968-7705 Van Horn Hyundai of FDL 888-724-6966

MARSHFIELD

GREEN BAY

MAUSTON

Auto Haus on Velp 888-411-3608 Bergstrom Buick GMC Cadillac of Green Bay 877-728-3049 Best Price Auto 877-857-2081

conviction for hit and run. He faces up to 25 years in prison when he’s sentenced Nov. 26. — Associated Press

MADISON Senator says she followed law A Republican state senator says she has complied with an open records request from an investigative group suing her for more documents. Leah Vukmir released a brief statement Wednesday saying she has given the Center for Media and Democracy the records it requested and she believes in transparent government. CMD has been pressing Vukmir for records from an American Legislative Exchange Council conference this spring. CMD attorneys say Vukmir has turned over nine pages but believe she has more. The center filed a lawsuit in June demanding she release them. The state Justice Department has countered the Wisconsin Constitution protects lawmakers from civil suits during the legislative session. — Associated Press

MIDDLETON Walker to announce economic legislation Gov. Scott Walker says he plans to introduce a package of legislation focusing on economic development next week. Walker said Wednesday that the bills would improve the state’s economy. He said some of the proposals will deal with state technical colleges and helping the disabled find work. He didn’t go into any further detail. — Associated Press

Associated Sales & Leasing 866-642-7009 V&H Automotive 877-281-8802 Wheelers Chevrolet-GMC 877-305-2933 Kudick Chevrolet Buick 866-302-7536 Rudig-Jensen 866-565-3156

MEDFORD

WHEELERS CHEVROLET OF

Dave Specht Motor Co, Inc. 866-663-1650 Dick Brantmeier Ford Lincoln Kia 877-255-1656 Eric von Schledorn Ford 888-258-9104 Ernie von Schledorn Saukville 888-257-7958 Joe Van Horn Chevrolet 888-846-4005 Lakeland Automotive 866-634-2062 Lentz Used Vehicles 866-876-2184 Martin Automotive

September 19, 2013 3:32 pm /

Eau Claire, Leader-Telegram

effectively ignore the state open records law. Our view: This misguided effort, if successful, 09/19/2013 Reduced to %d%% to fit letter page is the finalCopy nail in Wisconsin’s coffin offrom openoriginal government.

If open records law falls, government is open to high bidder Why the secrecy, senator?

hy is it that so many who run for political office sing the praises of “transparency” and “serving the people” only to then try to throw up every roadblock imaginable to public access to information after they get elected? The latest example is state Sen. Leah Vukmir of Wauwatosa, who, with the help of Attorney General J.B. Van Hollen, a fellow Republican, is claiming immunity from being sued over allegations she failed to comply with the Wisconsin open records law. If this succeeds, it basically would mean all state lawmakers could keep correspondence private, and the public would be powerless to do anything about it. Vukmir is being sued by the liberal Center for Media and Democracy, which asked and received some records regarding her involvement with the American Legislative Exchange Council. According to a story in the Sept. 12 Milwaukee Journal Sentinel, ALEC works with corporations and conservatives to write model legislation that can be introduced in state legislatures. The CMD believes Vukmir didn't produce all the requested records and sued Vukmir, who has invoked the immunity argument. If Vukmir can block the request using this tactic, the reputation of our state government will go into the sewer. No longer would lawmakers have to worry about leaving a paper trail when they cut deals with special interests. Don’t be surprised to see Vukmir succeed. State lawmakers already don’t have to abide by the same Wisconsin open meetings law they require local governments to follow. This enables our state budget to be hammered out in secret and then passed quickly in open session, leaving the public and media to try to sort out what’s in it afterward. Politicians also cash in on the U.S. Supreme Court’s Citizens United ruling, which treats money as speech and corporations as people, all to the detriment of clean government. Finally we have a gerrymandered system of legislative boundaries, setting up dozens of “safe” districts drawn up in secret by the majority Republicans after the last census. And understand that the Democrats could have been counted on to do the same had they had the opportunity. And now the Republicans won’t so much as allow a hearing on a proposal to eliminate this “fox in charge of the henhouse” process. Vukmir’s ploy would complete the cycle of secrecy and selling government to the highest bidder in Wisconsin. It’s a shyster's dream: No open meetings, no open records, unlimited campaign donations and districts drawn to select your voters, rather than voters selecting lawmakers. It’s hard to tell if there’s anyone left in Madison with the faintest shred of decency to stop the hijacking of our government away from the people and into the greedy hands of special interests, but we can only hope this effort somehow gets stopped in its tracks. If it doesn’t, we at least should ask our lawmakers to be up front and change our state motto from “Forward” to “Shady.” — Don Huebscher, editor

Question of the Week What are your thoughts about using tax dollars to support the arts locally?

The issue: Immigration reform. Byron York’s view: The Republicans aren’t making it a p President Obama also has had to focus on other things.

Immigration reform’s cha appear to be stuck in neu It’s the House bipartisan immigration reform working group — it used to be the Gang of Eight before Republican Rep. Raul Labrador quit in frustration — and it has been rumored for months to be on the verge of releasing a comprehensive reform bill. It still hasn’t happened. And it’s unlikely to happen anytime soon. The group got almost nothing done during the August recess; the members barely kept in touch with each other. And then the concerns some Republican Gang members heard at town hall meetings convinced them that the proposal’s security and enforcement measures must be strengthened before GOP colleagues would even consider them. “What can we do to satisfy our guys that there is going to be border security?” asks one pro-reform Republican. The answer is not clear. By definition, the GOP Gang members — Reps. John Carter and Sam Johnson of Texas, plus Rep. Mario DiazBalart of Florida — are the Republicans most open to crafting a comprehensive measure. If they can’t come up with something that would appeal to more than a handful of their fellow Republicans, then things don’t look good. The job is harder now than it was in the spring. Since the Gang began work, Republican distrust of President Obama, already high, has grown considerably. When GOP lawmakers see the president enforcing parts of Obamacare while ignoring others; when they see him acting unilaterally on issues (the environment is one example) that should be the business of Congress; when they see him threaten to go around lawmakers on questions as diverse as immigration and war in Syria — all those things make it harder for Republicans to vote for any measure that depends on the president to enforce it. Today, Republicans are even less inclined to go along with Obama than

they were in June. Most of the pressure to seems to have disappeare House Majority Leader E sent Republican member for September and Octob will work on a continuin to fund the government, will work on a m tend the debt lim reform the food s On Obamacare. A on Syria. Only after touc those topics did C immigration. “Th and Homeland Se mittees have pro ber of specific bi House may begin this fall,” Cantor we consider any it is important that we pa securing our borders and forcement mechanisms t forcement officials.” Immigration reform isn cause Congress doesn’t h it. It’s failing because Con agree on how to do it. As reform supporters e this was to be the momen debated an immigration b seen as the signature ach President Obama’s secon it’s going nowhere fast. T distracted. And those Re believe a Senate-style com reform measure is essent ing the GOP’s prospects voters are now a mostly s Immigration reform w pear as an issue; its advo parties are organized, we determined. But the ener few months ago seemed t reform inexorably ahead completely dissipated. An little chance it will come this year. York is chief political co The Washington Examine

Byron York

United

Voice of the People GOP drifts from mandate Market rule val The grass roots of the GOP worked valiantly to give Republicans the majority so they could roll back years of progressive/socialistic policies. They (the membership) also adopted a slate of goals to achieve. In Gov. Scott Walker’s first two years, the elected Republicans were fearless in the face of opposition and were then rewarded with an even larger majority. Since the recall election, however, they have become the party pacifists September 19, 2013 3:30ofpm / and have refused to stay on course. They fear the media more than the wrath of

The Eau Claire Downt Market is, as the Leaderin a recent editorial, “... s entity with locally-grow To maintain that repu provide an honest servic Market must require ven the standards they have content. To do otherwise false advertising and allo who do not source locall unfairly with those who This is no “squabble” — the heart of why we prom

news TRI-COUNTY

Viewpoints

Editorials

Does constitution of state need tweak?

The constitution of the State of Wisconsin might need to be adjusted—or at least the discussion should be had—given the number of volleys fired in Madison in the past week over an Open Records Law issue. Here is what is happening: The liberal Center for Media Democracy sued Sen. Leah Vukmir, R-Wauwatosa, in June, saying she had not turned over requested records related to her involvement with the American Legislative Exchange Council, an organization which writes sample legislation for multiple states. Vukmir said she did provide all the records subject to the open records request which was made, or at least that is what Attorney General J. B. Van Hollen said. He has become a key player in this debate as well. The Wisconsin Freedom of Information Council— a great organization used by this and most newspapers in the state when needed—said in the past week that Vukmir “is advancing a legal argument that would let all lawmakers ignore the Open Records Law.” The senator claims she cannot be sued while the Legislature is in session and that the session extends for a legislator’s entire term. According to Van Hollen, she is right. It is in the state’s constitution, and is not uncommon in other states’ constitutions. In Wisconsin, that section of the constitution provides temporary protection for legislators from civil suits while the Legislature is in session. Perhaps the framers of these state constitutions saw the day coming when people would sue everyone over everything, making it hard for anyone—including legislators—to get things done because they would be so busy defending themselves from civil suits. Apparently legislators can choose whether or not to invoke this immunity on a case by case basis. In the past, some have chosen not to use the immunity. There have been a number of cases in the past in which lawsuits filed against legislators were used as a method of last resort to obtain records in the interest of open government. Even newspapers in relatively small cities have had to use lawsuits in an attempt to tear down walls being put up by local legislators. Van Hollen said, “Whether the (constitution) framers’ decision to provide this unique protection to legislators was a proper balancing of interests is a debatable question. What is not debatable is my responsibility to defend its application when it is invoked. An attorney general simply cannot pick and choose parts of the Constitution to disregard because they may act to frustrate a different policy goal.” The attorney general said in a statement Tuesday that he is still fully behind open government, but he also must enforce the state constitution. So perhaps the question is this: Is the state constitution correct on this issue? Should legislators have this immunity, or could it be used to block open government? That might be the real discussion which is needed.

Letters to the editor

The Tri-County News welcomes letters to the editor. All letters must be signed and names (first and last) will be printed. An initial in place of a first name will not be allowed. Bona fide local organizations may use their organization name as their signature if submitting a letter, although an individual’s name must be submitted (but will not be printed) for verification purposes. All letters submitted must have a contact phone number which will not be printed in the newspaper but is needed to verify authenticity of the letter. The Tri-County News reserves the right to edit or reject lettersfor length or libel concerns. “Thank you’s” are considered paid advertising and will be treated as such.

THURSDAY

September 19, 2013

Some fashions never change

It’s funny—although not at all surprising anymy closet, it might be even more rare for me to take more—how a Green Bay Packers win on Sunday something out and either toss it away or, more likely, seems to put everyone in a jovial mood on Monday. give it to charity (in exchange for a small tax writeSuch was the case prior to a meeting I attended in off, of course). Usually the only reason something which one of the passing topics was news that 1990s gets retired from the wardrobe is what I call a “perfashions are making a comeback. mastain”—usually grease from a burger consumed If there is a topic I know less about than fashion, while driving to another appointment. I have even I’m not sure what that would be. And I know most of been known to wash those items multiple times, hopyou right now are saying, “Yes, we’ve seen what you ing the next time will be the lucky one when the stain wear Mark, you’re right.” magically disappears and I can go back to wearing I couldn’t tell you what the style was of the 1990s that shirt. That has never happened, but I keep trying. or the 1980s or even what it is in 2013. As far as I can I usually put the shirt back in the closet and say to recall, my style has never myself, “Well, it will make changed even though the a good shirt for when I’m decades do. painting.” I probably have For the most part, I think enough of those shirts in my that is true of most people in closet to paint every house in the Tri-County News area. my neighborhood and never I enjoy visiting big cities wear the same shirt twice. in other states from time The same goes for blue to time, and one of the first jeans. You can’t wear those things you will notice is that suckers out, at least not to By Mark Sherry fashion seems to be quite a the point where you would bit different and much more actually have to throw them important to those folks. There’s nothing wrong with away. I have a pecking order of blue jeans. My “dress that, but personally, I prefer my perceptions of north- jeans” have the most blue on them, and no permaeast Wisconsin fashion—jeans and T-shirts, shorts stains. Then one day I will look in the mirror and say, when it’s warm. When you want to dress better for “Wow, those have worn white in some weird spots— work or church, a polo shirt and nicer pants, and time for a new pair of dress jeans.” The previous maybe the occasional dress shirt, tie and dress pants. pair is still OK for nights and weekends, but at some Once again, it will come as no surprise to any of point they diminish to the snowblowing section of you that my fashion budget each year for the last— the closet—they’re only good enough to wear while well, forever—has basically been zero. I rely on snowblowing. getting clothes as gifts for Christmas to finally put There is still a level below snowblowing jeans. something new in my closet. My only other source of Once holes begin to appear in places which you don’t new clothes is the occasional polo which comes with want exposed during winter, those jeans are still attending a state newspaper association function, or good enough as painting and lawnmowing jeans. I perhaps a T-shirt won at a golf outing or snagged at have several pairs of those, but even I won’t wear a Brewers game. Those shirts which are not 2X get those out in public. After all, those same exposed regifted to others. places are still there, and that’s a fashion statement As rare as it is for me to put something new into I’m not ready to make—nor one anyone wants to see.

Behind the

Front Page

Keeping small town stories alive

Ever since attended a paper convention a few years the stories of Lohr’s time in Kiel provide to be back, the Tri-County News has been running a series enlightening, educational, inspirational and more. entitled, “Moments in Time.” The weekly series has “Pete,” as he was nicknamed after his father, easily become the most popular part of our newspaper, touched a lot of people here through coaching, and our staff encounters positive comments about teaching and then for many years beyond catching up Moments every where we go. with folks at tournament time in Madison. The premise for the series is simple. Some of his closest associates remained friends for Our older friends in the community have incredible life, and it was a joy to recall and hear about those stories to share—stories friendships in the interview about their lives, growing process. up, schooling, careers, And, of course I would hobbies, etc. When they be remiss if I didn’t share pass this earthly time, their one other remarkable stories pass with them. aspect of this story. A speaker told us how Several of the folks important it was to preserve from Lohr’s time in Kiel these stories before people re-opened pages of my By Mike Mathes pass on. own family history, as Sometimes we miss the they shared memories of boat. Such is the case this my parents and family from week, as we feature the late Carroll “Pete” Lohr. years ago. In fact, I almost had to chuckle out loud Lohr passed away this past July at age 85, yet when Dick Smith, remembered me as “little Mikey he still holds a place dear in the hearts of many in Mathes.” I haven’t been confused for little in the this community for the decade he spent here as an better part of 50+ years. educator in the 1950s and 60s. Of course, when you look at the basketball team Through the voices of his friends and family, picture and see the names of Lechler, Bunge, we have been able to hear the stories that this man Lulloff, and others you won’t see them as you know inspired—and it proved to be an enlightening, even them today either. But, their ascent to a conference eerie experience. championship under Coach Lohr was a pretty good Kudos to Jack Lechler, who brought the whole idea story in its day, one I am sure they relive at reunions to of featuring Lohr to mind. Not only did Jack bring this day. the suggestion. he also fed me with an incredible They say it’s important to remember where we list of sources for interviews. Indeed, we could have come from, and in this story about Pete Lohr, we contacted even more of the folks on his list, but the can all be reminded that we don’t have to come from paper does have page limitations every week. our little towns of Kiel, or New Holstein, or Chilton, The assignment seemed enormous, and even got to keep those small town memories in our veins sidetracked when a hard-drive crash caused the loss throughout a lifetime. of some key material. Yet, in the end, recapturing We’re glad to help keep these stories alive.

Through the

Viewfinder

PAGE 6

FRIDAY, SEPTEMBER 13, 2013

DAILY JEFFERSON COUNTY UNION

State hunting prospects will shift into high gear Wisconsin hunting opportuni ties move into high gear this com ing week with the opening of the archery deer, fall turkey, squirrel, cottontail rabbit, and in some ar eas ruffed grouse seasons this Saturday, Sept. 14. There also is a two-day youth waterfowl hunt Saturday and Sunday, and then the Canada goose season opens on Monday, Sept. 16. Waterfowl hunters should note the duck season does not open until next Saturday, Sept. 21. While buck deer are being seen that already have shed antler velvet, some still are being seen in velvet, so it is possible that an early archery hunter might shoot a velvet buck. Hunters are being reminded that a special tag is sued from a conservation warden is required to retain velvet antlers. Turkey hunters scouting hunt ing areas report seeing broods with smaller poults, indicating later brood hatches this past spring. This past week saw the first good influx of geese from Cana dian breeding grounds, but there have not been reports of signifi cant waterfowl flights yet. The early goose season closes this Sunday, and many early season hunters continued to report lim ited access to hunting areas due to standing crops in fields. Mallard, wood duck, blue winged and green-winged teal numbers are good on Horicon

Marsh, with pintail, shoveler and widgeon numbers on the rise as well. Hunters heading into the field in west central Wisconsin are be ing reminded to be extremely careful with fire and any sources of ignition such as hot exhaust systems on vehicles. Fire danger levels in counties from Columbia to St. Croix are high as this area has been experiencing an ex tended drought.

Musky action has continued to be fairly consistent in the North woods, with a few larger fish showing up and walleye activity finally is improving slowly, with cooler water temperatures be ginning to move fish toward shal lower water. Panfish angling has been fair, with one angler bring ing in a 12.4-inch, 2.3-pound bluegill that was just short of the 2-pound, 9.8-ounce Wisconsin record. Musky stocking is getting un der way in Wisconsin this week with first stocking trucks filled with the state’s official fish rolling out from the Art Oehmcke State Fish Hatchery east of

Woodruff. In all, more than 33,000 musky fingerlings nine to 11 inches long will be stocked in about 200 Wisconsin lakes and rivers this fall. Lake Michigan trolling activi ty has begun to slow, but those heading out were doing fairly well with chinook and coho, but also with a few rainbows and lake trout. Activity at piers and harbors continues to increase as salmon and trout stage offshore prior to spawning runs, with good action at Kewaunee, Mani towoc, Sheboygan, Racine and Kenosha, where piers were loaded with anglers, and brown trout and large chinook could be seen jumping in the harbor. A few fish were seen in the Manitowoc, Sheboygan and Twin rivers, but water temperatures remain high and flows low so fish have not yet started moving up stream in large numbers. The fall bird migration is in full swing as a series of cold fronts this week brought major flights of warblers, thrushes and other songbirds to the state. Bird ers in the north found more than 20 species of warblers but noted increasing numbers of palm and yellow-rumped warblers, two harbingers of the warbler migra tion’s end. Now the raptor migration is picking up with sharp-shinned hawks, broad-winged hawks, os preys, kestrels and other birds of prey moving through the state.

Twenty Fort High students earn AP Scholar designation Twenty students from Fort Atkinson High School have earned the designation of AP Scholar by the College Board in recognition of their exceptional achievement on the college-level Advanced Placement Program (AP) Exams. This year’s AP scholars in clude: Megan Eaton, Naomi Engelke, Brady Hansen, Kaitlyn Hollman, Steven Horvatin, William Jacobs, Samuel Patter son, Dallas Ramsden, Cory Schroedl, Thomas Shockman,

♦

Thomas Smithyman, John Westby, Taylor Kysely, Josephine Lange, Adam McCulloch, Kelsey Miles, Dalton Schmidt, Eric Ben der, William Cook, and Lee Holl man. The College Board’s Advanced Placement Program offers stu dents the opportunity to take challenging college-level courses while still in high school, and to receive college credit, advanced placement, or both, for successful performance on the AP Exams. About 18 percent of the 1.8 mil-

06ituaries

♦

Alfred ‘Al’ W. Fiege JEFFERSON — Alfred “Al” W. Fiege, 70, of Jefferson, died on Wednesday, Sept. 11,2013, at the Rainbow Hospice Inpatient Cen ter in Johnson Creek. Born on July 7, 1943, in Waukesha, to Robert and Ida (Grob) Fiege, he married Ruth Glander on July 7, 1973, at St. John’s Evangelical Lutheran Church in Jefferson. He was a member of St. John’s Evangelical Lutheran Church in Jefferson. Al was baptized at the First English Lutheran Church in Whitewater. He lived in Hebron during his childhood, attended school in Whitewater and re ceived his GED in 1989. He and Ruth lived in the Jefferson area all their married life. Alfred A l’ W. Fiege He loved landscaping, working in his yard, camping, playing cards and his casino trips. Al worked at the former Thomas Industries in Fort Atkinson un til it closed in 1974. He worked at Uncle Josh Bait Company in Fort Atkinson until he and Ruth started their Adult Family Home busi ness in 1996. Surviving are his wife, Ruth Fiege of Fort Atkinson; three sons, Jason (Kristy) Fiege of Fort Atkinson, Fred (Fatina) Fiege of Round Rock, Texas, and Kevin (Caroline) Fiege of West Covina, Calif.; one daughter, Karin (Brian) Jenk of Round Rock, Texas; his grandchil dren; his mother, Ida Robbins of Fort Atkinson; three brothers, Robert (Carol) Fiege of Tennessee, Lonnie (Ginny) Fiege ofWatertown and Richard Fiege of Fort Atkinson; and nieces, nephews and cousins. He was preceded in death by his father; and sisters-in-law, Sue Fiege and Nancy Fiege; and uncles and aunts. Memorial services will be held at St. John’s Evangelical Luther an Church in Jefferson at 11 a.m. on Monday, Sept. 16, with the Rev. Mark Bartsch officiating. Friends may call at the church on Monday from 10 a.m. until the time of services. In lieu of flowers, the family requests memorials be made to the church, Lakeside Lutheran High School in Lake Mills, Rainbow Hos pice of Jefferson County or the Humane Society of Jefferson Coun ty The Olsen Funeral Home in Jefferson is assisting the family.

lion high school students world wide who took AP Exams per formed at a sufficiently high lev el to merit the recognition of AP Scholar. Fort Atkinson students took 224 AP Exams in May 2013 after completing challenging collegelevel courses at the high schools. The College Board recognizes several levels of achievement based on student’s performance on AP exams. Three students qualified for the AP Scholar with Distinction Award by earning an average grade of at least 3.5 on all AP Ex ams taken, and grades of 3 or higher on five or more AP exams. Students receiving the AP Schol ar with Distinction Award in clude: Eric Bender, William Cook, and Lee Hollman. Five students qualified for the AP Scholar with Honor Award by earning an average grade of at least 3.25 on all AP Exams tak en, and grades of 3 or higher on four or more AP exams. Students receiving the AP Scholar with Honor Award include: Taylor Ky sely, Josephine Lange, Adam Mc Culloch, Kelsey Miles and Dalton Schmidt. The other 12 students quali fied for the AP Scholar Award by completing three or more AP Ex aminations, with grades of 3 or higher. Most of the nation’s col leges and universities award credit, advanced placement, or both, based on successful per formance on the AP Exams. AP is accepted at more than 3,800 colleges and universities worldwide for college credit, ad vanced placement, or both, on the basis of successful AP Exam grades. This includes more than 90 percent of four-year institu tions in the United States. Research consistently shows that AP students typically expe rience greater academic success in college and have a higher grad uation rates than students who do not participate in AP. The School District of Fort Atkinson provides at least 10 AP courses each year. The courses are spread across several disci plines to meet student interests. Students who take AP courses have been shown to have greater success in college. By providing a full range of AP courses, Fort Atkinson High School is able to help students meet their college and career goals. Kidman is all right, but shaken after collision

NEW YORK (AP) — Nicole Sept. 13, 2013 Kidman says she was shaken up Daily Jefferson County Union, Fort Atkinson, Wis. after being knocked down by a bi cyclist on a city sidewalk. Kidman, 46, appeared on the Milo C. Larson red carpet Thursday night cele Milo C. Larson, 92, of Fort Atkinson, passed away on Thursday, brating Francisco Costa’s 10th anniversary as the women’s cre Sept. 12, 2013, at his home. Arrangements are pending at the Nitardy Funeral Home in Fort ative director of the Calvin Klein Collection. Atkinson. Earlier, the actress was outside www.nitardyfuneralhome.com a hotel when she was hit by a bi Sept. 13, 2013 cyclist. She was knocked to the Daily Jefferson County Union, Fort Atkinson, Wis. ground, but she said she was OK.

[

Beware of utility scams

)aily Log

Jefferson police, fire, EMS calls Sunday, Sept. 8 • Five warnings and repair no tices were issued for various traf fic violations. • Police issued three parking citations. • 1:25 a.m.: A motorist was cit ed for operating a motor vehicle while intoxicated-first offense, a prohibited alcohol content-first offense, and speeding on West Racine and South Main streets. The subject was booked and re leased from the police depart ment, and the vehicle was towed. • 1:40 a.m.: Two individuals were cited for disorderly conduct after domestic trouble in the 300 block of East Linden Drive. • 3:58 a.m.: A false alarm sounded in the 1000 block of In dustrial Drive. The keyholder was notified. • 1:51 p.m.: A motorist was cit ed for operating a motor vehicle without insurance and following too closely after a property damage-only accident in the 100 block of North Jackson Avenue. • 5:51 p.m.: A driver was cited for speeding on South Main and East Clara streets. • 6:26 p.m.: An officer was asked to keep the peace in the 200 block of South Pleasant Av enue. • 7:52 p.m.: Child neglect was reported in the 500 block of East Church Street. The mother was taken into custody. • 9:25 p.m.: A welfare check was requested in the 200 block of South Main Street. Everything was OK. • 10:10 p.m.: An individual was warned in regard to loud music in the 200 block of South Main Street. Monday, Sept. 9 • Seven warnings and repair notices were issued for various traffic violations. • Officers issued one parking citation. • 2:32 a.m.: Two subjects were cited for retail theft from a gas

Athletic complex ground-break set PALMYRA — Community members are invited to the groundbreaking ceremony on Monday, Sept. 16, at 11 a.m. for the Standard Process Athletic Complex at the Palmyra-Eagle High School stadium, 123 Burr Oak St., Palmyra. The athletic complex will in clude a new baseball diamond, softball diamond, several soccer fields and a new concession stand. Construction for the project is made possible through a gift from Standard Process, Inc. The Palmyra-Eagle School Dis trict, situated in the southern unit of the Kettle Moraine State Forest, serves approximately 1,200 students in portions of Jef ferson, Walworth and Waukesha counties, which includes all or part of the communities of Dousman, Eagle, Helenville, Jefferson, Palmyra, Sullivan and Whitewa ter. ‘Conversations about Judgment’ set Monday

St. Peter’s Episcopal Church in Fort Atkinson will offer a discus sion, “Conversations about Judg ment,” on Monday evening, Sept. 16, What does the Bible mean by the “end of the world”? In a com plicated world, do we ever have to make judgments about other people? Does our baptismal covenant play a part in how we are judged? On Judgment Day, how will we be measured? Come for a conversation Mon day at St. Peter’s Episcopal Church, 302 Merchants Ave., Fort Atkinson. Join the group for a potluck dinner at 5:30 p.m. and participate in the conversation at 6. The guest convener is the Rt. Rev. Keith B. Whitmore, Assis tant Bishop of the Episcopal Dio cese of Atlanta and director of Anglican Studies at Candler School of Theology at Emory Uni versity.

station in the 700 block of South Main Street. • 3:44 a.m.: An ambulance was requested in the 200 block of East Green Street. • 9:49 a.m.: A complainant re ported vandalism to a tree in the 500 block of East Elm Street. • 10 a.m.: A property damageonly accident occurred in the 100 block of Collins Road. • 10:44 a.m.: A suspicious fe male was reported in the 200 block of South Main Street. She was warned for soliciting. • 12:01 p.m.: A motorist was cited for failure to yield when making a left turn on West Puerner and North Main streets. • 1:08 p.m.: An ambulance was requested in the 800 block of Collins Road. • 3:26 p.m.: A motorist was cit ed for speeding in a school zone, violating the graduated driver’s license restriction-too many peo ple in vehicle, and operating a motor vehicle with a suspended driver’s license-first offense on South Main Street bridge. • 4:20 p.m.: Officers assisted Jefferson County Human Servic es with a male. • 5:14 p.m.: An ambulance was requested in the 200 block of Maple Grove Circle. • 7:14 p.m.: A driver was cited for a seatbelt violation and given a 15-day warning for a defective taillight and headlight on South Main Street and Riverview Drive. The subject was booked and released from the police de partment. • 7:46 p.m.: An ambulance was requested in the 400 block of East Linden Drive. Tuesday, Sept. 10 • Four warnings and repair no tices were issued for various traf fic violations. • Police issued one parking ci tation. • 4:44 a.m.: An ambulance was requested in the 700 block of Maple Grove Drive. • 7:33 a.m.: A dog was running at large on the east side of town. The dog was turned over to the Humane Society of Jefferson County. • 8:20 a.m.: A dog was running at large in the 100 block of South Marshall Avenue. The owner of the dog was given a warning. • 9:33 a.m.: The theft of a win dow flower box was reported on Fairway Lane. • 1:49 p.m.: A motorist was cit ed for inattentive driving after a property damage-only accident in the 1000 block of South White water Avenue. • 2:06 p.m.: Officers checked the welfare of a dog in the 200 block of West Milwaukee Street. Everything was OK. • 2:22 p.m.: The owner of a dog left in the direct sun was given a warning. • 2:58 p.m.: Officers assisted the water and light department with directing traffic on South Whitewater Avenue and South Street. • 2:59 p.m.: A subject was warned for abuse of the 911 sys tem. There were repeated calls without an emergency. • 4:49 p.m.: A complainant re ported an open door to a business in the 600 block of North Rail Av enue. • 6:40 p.m.: A lift assist was re quested in the 400 block of South Kranz Avenue. • 7:41 p.m.: A neighbor dispute was reported in the 200 block of North Fifth Street. Both parties involved were warned. • 8:01 p.m.: A driver was cited for operating a motor vehicle with a suspended driver’s license on North Main and Puerner streets. The subject was booked and released from the police de partment after bond was posted. The vehicle was towed.

JEFFERSON — Jefferson Utilities warns customers to be wary of callers who claim to be from the utility requesting im mediate payment for a bill or me ter. In one instance in Wisconsin, a caller told a small business owner that he had to pay a $499 deposit that was past due for a new meter — or have his elec tricity shut off. What’s more, the caller asked that the business owner buy a prepaid debit card to make the payment. These scams take advantage of business owners by calling them at busy times. In other instances, scammers target residential cus tomers, claiming that the house hold is behind on its electricity bill and needs to pay up now, or that a meter is malfunctioning and could put people at risk. Jefferson Utilities reminds customers: • The utility will not demand immediate payment over the phone. Customers receive a dis connection notice well before ac tion is taken. • Customers need not provide personal financial information over the telephone — such as a checking or credit card account number or a Social Security num ber — to enroll in any kind of pro gram or pay off a balance. The utility does not ask that customers make payments to purchase or repair electric me ters. If in doubt, hang up and call their office at (920) 674-7711. County Highway N reconstruction set

The Jefferson County Highway Department will be reconstruct ing County Highway N, from County Highway B to Church Road. The work is scheduled to take place beginning the week of Sept. 16. The existing deteriorated as phalt pavement will be removed followed by installation of cul verts. Upon completion of the cul verts, the roadway will be grad ed and new base course materi al placed prior to paving the roadway. During construction, the road way will be closed to through traffic but access to local resi dences and businesses as well as emergency vehicles will be main tained. The road will remain closed until approximately Thanksgiving, depending on the weather. During construction, motorists should find an alternate route to travel. A detour will be posted utilizing County Highways B, Q and A. Drivers are urged to use cau tion within the construction ar eas and keep children away from the operations. Persons who have any ques tions can contact Brian Udovich, P.E., operations manager, at (920) 674-7273. Senator tries to block open records lawsuit

MADISON (AP) — A Republi can state senator is arguing that she can’t be sued while the Leg islature is in session in order to avoid turning over public records. The Milwaukee Journal Sen tinel reported Friday that state Sen. Leah Vukmir is using that argument to avoid an open records lawsuit filed by the lib eral Center for Media and Democracy. The center sued Vukmir in June contended that she had vi olated the open records law by not turning over records related to her involvement with the American Legislative Exchange Council.

DOME ASPHALT PAVING, LLC

Driveways • Parking Lots Patch Work • Private Roads

UMZ] $500 Off ASPHALT PAVING, LLC

Henry E. Heil Owner & Operator

920 - 650-8086

NEW ASPHALT! DRIVEWAYS

Mention coupon when calling for FREE Estimate!

All Work Guaranteed

920-650-8086 Jefferson, Wl

Additional coupons on our website: www. h hasphaltpavi ng. net

We a We Accept A ll Major Credit Cards

Janesville, The Gazette 09/19/2013

OPINION

4A Thursday, September 19, 2013

Copy Reduced to %d%% from original to fit letter page

OUR VIEWS

Vukmir, Van Hollen seeking to subvert open government If state Sen. Leah Vukmir prevails in the latest assault on our state’s open records law, it would be huge blow to Wisconsin’s tradition of transparent government. The Wauwatosa Republican is essentially claiming that being a state lawmaker makes her immune from the records law. The liberal Center for Media and Democracy has sued Vukmir. It argues she violated the law by not turning over all records related to her involvement with the American Legislative Exchange Council. Liberals contend that ALEC, which is financed by corporations, is behind many conservative measures and even writes bills proposed in state legislatures. If successful, a motion Vukmir filed in Dane County Court would let all lawmakers ignore the open records law. It’s also disturbing that Republican Attorney General J.B. Van Hollen’s Department of Justice filed the motion on her behalf. This move smells of partisanship when Van Hollen refused to help DemoVukmir cratic state Sen. Jon Erpenbach after the conservative MacIver Institute sued the Middleton Democrat, seeking emails from his constituents. Erpenbach had to hire a private attorney, and taxpayers have spent a reported $140,000 on his legal counsel Van Hollen in a case now before an appeals court. Van Hollen claims the open records law does apply to legislators, that the two cases are different and that while Vukmir complied with the records request, Erpenbach did not because he redacted names of constituents. If Vukmir did comply fully, why is she being sued? Van Hollen also argues he’s doing his duty by upholding the state constitution. That’s because a state constitutional provision dating to 1848 grants lawmakers immunity from civil lawsuits while they’re in session. Back then, however, sessions lasted weeks or a few months. Now, despite frequent recesses, legislative sessions run two years. In other words, Vukmir’s motion argues, the session lasts the entire term of a state representative. We don’t believe that was ever the intent of that constitutional provision. The Wisconsin Freedom of Information Council said it is “shocked and saddened” that Vukmir, with the help of Van Hollen’s office, is claiming immunity from the law. “Our state’s openness laws are fundamental to its ability to function as a democracy,” the council said in a news release. “Members of the Legislature, which passed these laws, ought to respect that. We call upon Sen. Vukmir to reconsider her position in light of the damage it could cause to the state.” The council listed Erpenbach’s and seven other cases in which lawmakers have been sued for violating the records law. Sometimes lawmakers lost; sometimes they settled, and sometimes they won. But never before did they claim to be above the law. While Van Hollen claims a duty to uphold the state constitution, it’s also his duty to uphold an open records law that has served us well for decades. It keeps government transparent and roots out possible corruption. Complying shouldn’t be an option for lawmakers, as Van Hollen and Vukmir suggest, but yet this motion would allow that. Granted, Vukmir has served as ALEC’s state chairwoman and is the group’s national treasurer, and she might be embarrassed if records show just how cozy she has gotten with ALEC. We don’t expect her to do the right thing and drop her motion. But she should.

Sidney H. Bliss, Publisher Howard F. Bliss, 1883-1919 Harry H. Bliss, 1919-1937 Sidney H. Bliss, 1937-1969 Robert W. Bliss, 1937-1992

OTHER VIEWS

Here we go ag WASHINGTON

About 30 years ago as a young reporter in Florida, I was assigned a series on gun control in response to gun violence, which had peaked in the U.S. in 1980. I began the series with profiles of three gun users, including a woman who had killed her would-be rapist, the owner of a sport shooting club and a convicted murderer on death row at the Florida State Prison in Starke. Most dramatic was the woman, who was attacked as she entered her apartment after work one evening. She had just moved in, and boxes were stacked floor-to-ceiling, nary a broom nor a pot to use in self-defense. In her panic, she suddenly remembered the small derringer in her KATHLEEN purse, which still hung PARKER over her shoulder. Already, the man had her pinned against the wall. Reaching into her bag, she grabbed the gun, pressed it to his side and, boom! He died instantly. To my question, she replied: “Hell, yes, I’d do it again in a New York minute.” Or words to that effect. Most chilling was the murderer, whose name I no longer recall. I do remember that his fingertips were oddly flared and he pressed them together, expanding and contracting his hands like a bellows. No doubt aware that I was nervous, he seemed amused by my questions. “Sure,” he chuckled. “I’m all for gun control. Because that means you won’t have a gun. And I will always have a gun.” All of which is to say, the conversation we’re having today about how to avert the next act of gun violence is nothing new. Yet, we seem always to fall into the same procon template when a fresh shooting occurs. Before we knew the name of the shooter who killed 12 civilians at the Washington Navy Yard on Monday, social media were atwitter with the usual exclamations: More gun control! Guns don’t kill, people do! It is easy to become cynical when there’s nothing new to say and when, we know, nothing new will come of it. Gun control activists will push harder for tighter restrictions; Second Amendment champions will push back. The National Rifle Association will prevail. Hit repeat. Despite the redundancy of our renditions, there are some differences in gun vio-

our n lence between today and more than three stop m decades ago. Even though firearm deaths oc on have decreased, the recent rash of spree killings—five incidents this year alone—jus- lead t slaug tifies a heightened level of concern. Nearly N 70 mass shootings have occurred since sizes. 1982, according to Mother Jones, 28 of M them in just the past seven years. Half of are th the 12 deadliest mass shootings have ocperso curred since 2007. know Even so, for the sake of perspective, these represent a tiny Gun control activists w fraction of total gun deaths. They’re more horharder for tighter rest rific, so we take greater notice. But they represent Second Amendment cham less than 1 percent of all push back. The Nation gun deaths between 1980 and 2008, according to Association will prevail. the Bureau of Justice Statistics. Indeed, nearly used two-thirds of gun deaths are suicides act on (19,392 of a total of 31,672 in the U.S. in with 2010). cause In other words, the reflex to make game tougher laws may be missing more imporsingle tant points. This isn’t to say we shouldn’t clude consider imposing restrictions on who If owns guns, but as my guy in Starke suggested, there’s little comfort in forcing law-abid- viron we’ll ing citizens to submit to tighter controls tion a knowing that criminals will not. Ka As for the crazies who go on killing Wash sprees, rules rarely apply. Thus, what we’re really fighting about in kathl

YOUR VIEWS Fee is small price to pay for benefits union got us

Assad’s actions. If the agreement breaks down, could he convince Congress to support his original plan of action? And if Congress would not vote support, I would like to add three cheers to John does that mean Obama would carry out his R. Bergman’s letter about the union that ap- “surgical” attack through another executive peared in the Sept. 18 Gazette. order? I hear remarks that have been made, not Moving ahead, what will be the conseoften, but remarks that should never have quences here at home if the U.S. continues been made. Our union officials worked very unilateral military interventions in the Midhard to obtain the benefits that we receive. dle East without significant and “equal” I did not work in the factory at GM coalitions with other nations? Janesville but in the office. My husband Was not Obama’s “red line” announceworked many years in the factory there. Bement, together with an outline of military cause of the union’s great work, I receive a action, one more example of flawed U.S. formonthly check for my husband’s work eign policy or, more specifically, no definithere. tive policy at all? The small $2 fee per month that is asked And regarding our foreign policy, to of recipients of these checks is made gladly what extent is a Syrian civil war a direct by the majority of us. There will always be threat to U.S. security here at home to a desomeone who is ungrateful. gree that we must be the sole arbiter of SyrWANDA K. SONNENTAG Janesville ia’s conflict? If the agreement fails and military action is to be taken—granting the despicable genocide directed by Assad—should not the U.S. be joined in a sweeping coalition with nations with vested interests in the outcome? Let us hope that the current agreement G. FRED GOODSIR between Syria, Russia, and the U.S. ends in Janesville the stated objective with respect to Syrian President Bashar al-Assad’s chemical weapons. However, if it fails: Prior to this agreement, President Obama could not convince The liberals are coming! The liberals are allies geographically closer to Syria to join in an international coalition with respect to coming! Keep your children off the streets and remove them from the public schools, the exercise of military consequences for

U.S. response to Syria raises lots of questions

Liberals have long distorted the truth

167 years of community service. . . since 1845 September 20, 2013 1:27 pm /

Scott W. Angus, Editor sangus@gazettextra.com Sid Schwartz, Local News Editor sschwartz@gazettextra.com

wher loving Bu check know ing! Ku letter how l back Sen. M ment the w 1950s muni some Gazet tics, j ’50s w air on nists mand Bu place temp That’ a whi teller News Palin ways spect erals claim

The

The J itor. Lette ited to 25 tem.The

Marshfield News-Herald 09/19/2013

Copy Reduced to %d%% from original to fit letter page

Legislators are not Be vigilant, fight against Com above records law

hen Leah Vukmir does it, that means it is not illegal. With apologies to Richard Nixon, that is the logic being used by some state officials as they seek to avoid complying with legally required open records law. Vukmir, the Republican state senator from Wauwatosa, has responded to an open records request with the extraordinary claim that she is immune from a lawsuit while the Legislature is in session — and that “in session” is defined as equivalent to her entire term in office. To understand how extreme a claim this is, think of what this interpretation of the law would mean. You are a concerned citizen, an investigative reporter, a member of an activist group. You file a legal request for records that the law requires to be open. The elected official says, nope, you can’t have it. And you are left with no options. None at all. The records are not open to public view, simply because the elected official has declared that to be the case. In a statement released Tuesday, state Attorney General J.B. Van Hollen defended Vukmir’s position — and his own office’s support of it — by noting that “Vukmir’s position is that she STORY has fully complied with the public records law.” CHAT But it should be obvious that a Visit this editosystem that makes an elected rial online at marshﬁeld official herself the only arbiter newsherald. of whether she is in compliance com and paris not in the spirit of open recticipate in the Story Chat. ords law. They’re the people the law gives us the power to check on! That’s why Wisconsin’s tradition has been to have robust protections for the public, and it’s why Van Hollen until recently has consistently argued that records custodians need to err on the side of openness. What is new here is Vukmir’s definition of “in session.” We are willing to agree that lawmakers should not be subject to civil suits that take them off the Capitol floor during budget negotiations or key votes. “In session” means — yes, it is this obvious, or should be — the time when the Legislature is actually in session. But it’s no good to keep the records shielded from the public for the official’s entire term in office. Often what the records contain is exactly what voters need to know before deciding whether the official deserves re-election. It is a bit like allowing your child to bar you from checking to see whether he’d cleaned his room until after he had already turned 18 and moved out. Van Hollen should know better. He has made access to open records one of his major issues. He regularly conducts open records training for public officials. In an oped column for Sunshine Week in March of this year, he wrote that public records and open meetings “provide broad access to information about how our state and local governments operate. The resulting public oversight forms an important foundation of our participatory democracy.” In 2010, he issued a statewide memo after the state Supreme Court found that the content of teachers’ personal emails were not subject to open records requests instructing records custodians to err on the side of openness. “Individuals who are concerned about misuse of public resources,” Van Hollen wrote then, “should not be deterred from making public records requests that might reveal the misuse.” We couldn’t have said it better ourselves. Van Hollen had it right in 2010, and should reconsider his 2013 view that when it comes to open records, legislators should get to decide for themselves what’s required.

tional Governors Association and the Council of Chief State School Officials to sign on, it gave the feds the cover they needed to make it look like Common Core originated at the state level. Which is a relief, because, you see it’s illegal for the Department of Education to design curriculum! Education has always been one of the last bastions of state’s rights. In Wisconsin, state statute provides the following guidance to citizens: “Each school board shall adopt pupil academic standards in mathematics, science, reading and writing, geography and history.” Local school boards were forced to accept Common Core and its curriculum guidelines — remember, no Common Core, no money! School boards were terrified they would lose federal Title I money. So your school’s standards and much of the curriculum will now come from Washington, D.C., from the Department of Education and its contractors, like Achieve and Pearson Education. One of the stated long term goals of some Common Core advocates is the ultimate elimination of local school boards. School administrations would be reduced to glorified paper-shufflers, waiting for the next regulation to come down from Madison or Washington. Many rank and file teachers are afraid to speak up. Remember Common Core is a cook-

Congress can stop Obamacare

September 19, 2013 3:34 pm /

making sure we do not pay for it. If the president can delay implementation of Obamacare for Big Business, Big Labor and Big Government, why is the same consideration not made for American families who will bear the financial burdens and bureaucratic morass associated with this law? The consequences of Obamacare are profound and happening right now: lost jobs and fewer work hours, higher health insurance premiums, higher taxes, fewer doctors and many Americans losing their current coverage. Everything President Obama said Obamacare would do to help Americans has turned out to be false. He said health insurance premiums would go down; they’re set to go up. He said you could keep your own private insurance; it turns out you may not be able to if your employer chooses to change it. He said it wouldn’t raise taxes; it does. He said you could keep your doctor if you wish; it

Founder 1837

OPINIONS

Milwaukee, Journal Sentinel 09/19/2013

torial Page Editor

Another view: A ready answer in the constitution T By J.B. VAN HOLLEN

ANDERSON / HOUSTON CHRONICLE

he Journal Sentinel’s Tuesday editorial, “Legislators are not above the open records law,” accuses me of “turning my back” on my commitment to open government because of a position the Department of Justice has taken in court to defend a legislator against a lawsuit brought under the public records law. Open government is an essential tool to citizen-informed democracy, and I remain committed to using my position as attorney general to facilitate full compliance with the law. But I also took an oath to uphold the state constitution. Article IV, Section 15 of Wisconsin’s constitution provides that members of the Legislature “shall not be subject to any civil process, during the session of the Legislature. . . . ” The framers of the constitution inserted this provision — common among state constitutions — to give temporary protection to lawmakers from civil suits while they are doing the people’s work. Whether the framers’ decision to provide this unique protection to legislators was a proper balancing of interests is a debatable question. What is not debatable is my responsibility to defend its application when it is invoked. An attorney general simply cannot pick and choose parts of the constitution to disregard because they may act to frustrate a different policy goal. If I had, the

Journal Sentinel would be right to publish an article headlined “Attorney general turns his back on the constitution.” In the case that inspired the Journal Sentinel’s editorial, Sen. Leah Vukmir (R-Wauwatosa) chose to invoke her privilege from civil process — as she is constitutionally entitled to do. Some legislators make that choice; some do not. But neither Vukmir nor I believe legislators are above the public records law. In fact, in this case, Vukmir’s position is that she has fully complied with the public records law by producing all records subject to the request. This is unlike the position taken by the other legislator mentioned in the editorial, who asserted that he had no obligation under the public records law to disclose the name of any person who contacted his office about a controversial piece of legislation. The issue then is not if the public records law applies to legislators. It does. Legislators, like other public officials, are under a legal duty to respond to public records requests as soon as practicable and without delay. The only question is when they may be sued for an alleged violation. If they choose to invoke their temporary privilege, that is a question the constitution answers. J.B. Van Hollen is Wisconsin’s attorney general.

Another view: Protect workers By TOM TIFFANY

/ WASHINGTON POST WRITERS GROUP

a result of Congress failing to the debt ceiling than they e even during the brutal fight he issue back in 2011. . . . A P source indicated that ublicans and Lew talked past h other for much of the

n early June, employees working at a drilling site for the proposed taconite mine in Iron County were accosted by several masked, violent protesters. The radical Earth First! website, which urges “ecological resistance,” has since posted a written firsthand account, purportedly from some of the same individuals. Among their stated goals: shattering the employees’ sense of security and inflicting damage on the company. After this incident, it has since come to light that the saboteurs also allegedly removed bolts from a bridge, lined the roads used by the employees with makeshift roadblocks to prevent emergency help from reaching them and added their own lock and chain to the work site’s gated entrance. The attackers have also since said that they will be back and next there will be more of them. I take the attackers at their word, and I believe that we should take their threats seriously. These are more than a few bad actors; they are eco-terrorists, and they are here

drawn or transferred. When land is permanently withdrawn from the MFL program, it is subject to fees and withdrawal taxes. This bill simply provides the landowner where the mining activity is occurring to have the option of temporarily closing the land from public access under the MFL program. The land would be limited to the area specified in the Notice of Intent filed by a ferrous mining company with the state Department of Natural Resources. Any temporary closure of this land would require payment of the difference between the annual payment for MFL open and MFL closed. Most important, it provides the landowner and the DNR with the framework to establish a system to open parts of the land not being used for testing. The land would reopen when a mining permit has been approved or denied, the company ends the application or when the DNR determines a company is no longer September 19,legisla2013 3:36 pm / pursuing a permit to mine. This tion does not remove this land from the MFL program, nor does the landowner

Stevens Point Journal 09/19/2013

Copy Reduced to %d%% from original to fit letter page

Legislators are not above records law

SHARE YOUR VIEW Open Letters must be signed and include the writer’s name, address and a phone number where the writer can be reached during the day for confirmation. Limit is 350 words;

OPEN LETTERS UWSP parking lot solution short-sighted EDITOR: Plans are underway to develop a multi-level parking structure in Parking Lot T at University of Wisconsin-Stevens Point. The rationale is to provide more parking to students when the new science building project is undertaken. Currently, most day students do not park at UWSP in pay-for-parking areas. This has been verified by UWSP officials who stated that Parking Lot X, currently a metered parking area, is underutilized. The problem with using Lot T for this multi-level structure is that students will not use it. Once it is built, UWSP officials stated that rates for parking will be double what they are now. Students currently are parking on public streets adjacent to campus for free. What makes anyone believe with higher parking rates that students will park in this new structure, when they still would be able to park on city streets for free? Unless you have a

An artist’s rendering shows a proposed parkin University of Wisconsin-Stevens Point officials build where Lot T is currently. Neighbors in th opposed to the idea. IMAGE COURTESY UWSP

Field of Dreams mentality — “if you build it, they will come — it does not make sense. Once this structure is built in Lot T, what will be gained? A giant unused parking structure eyesore; wasted student money; a drop in property values for the homes in the immediate vicinity; city streets immediately around the area that will become even more unsafe for travel (they were never designed for this purpose); and further seepage of student parking into our city, as students will now have to travel farther away from campus to find free city street parking. Come on, UWSP ad-

ministration, better option This propos will hurt th won’t resolve lack of park pus. Stevens administratio get involved protect our c to help UWS with a better R St

Obamacar draining fr

EDITOR: to the recent care letter Hurrish: Tax foot the bill care. Taxes a even after Pr

Honor flag at Plo

believe that Sept. 11, 2001, was a turning point in America. It caused most Americans to take a step back and reflect on all that their country means to them and the freedoms it offers. As time passes, we must never forget and no longer take for granted that these freedoms will always be here. What would it take for you to be patriotic? Would it take a war or a terrorist attack? A manmade disaster? An educator explaining an event in history? Something the president said? Would it take losing a Al Tessmann, of Plover, folds an American flag loved one? Portage County Solid Waste Transfer Facility, Would it change your proper military style. CHRIS JONES/STEVENS POINT JO opinion if you lost some or all of your freedoms? On Saturd Would you become more come you to j patriotic if the economy AL TESSMANN VFW and ma were doing better? If it uals in honor were doing worse? properly reti VFW Post No. 10262 to Would you be more I found in the teach people about the patriotic if like-minded the day after proper treatment of the people in your communiDay. The goa ty got together to support flag. ceremony is t There are many reaa cause? Could words community a sons and events that spoken by someone you happen in our lives every hear others s trusted cause you to September 2013 3:37 pm what the flag day that/ propel us to become more 19, patriotic? them. We enc become more patriotic. When you see how to say what y We should never foget others live in war-torn

Watertown Daily Times 09/19/2013

Senator says she complied with open records law MADISON (AP) — A Republican state senator says she has complied with an open records request from an investigative group suing her for more documents. Leah Vukmir released a brief statement Wednesday saying she has given the Center for Media and Democracy the records it requested and she believes in transparent government. CMD has been pressing Vukmir for records from an American Legislative Exchange Council conference this spring. CMD attorneys say Vukmir has turned over nine pages but believe she has more. The center filed a lawsuit in June demanding she release them. The state Justice Department has countered the Wisconsin Constitution protects lawmakers from civil suits during the legislative session. CMD attorney Brendan Fischer maintains DOJ is interpreting the constitution too broadly and the center still believes Vukmir has more documents.

ASSOCIATED PRE

Looking it over

Mike Bankes judges the Junior Class gardening e hibits Wednesday on the opening night of the Verno County Fair.

Catholic church reverse State Patrol course on hosting Scou warns of phone scam MADISON (AP) — If someone calls claiming to be a Wisconsin state patrol sergeant looking for money to repair a vehicle after a crash, don’t believe them. The Wisconsin State Patrol is warning of a phone scam in which a caller identifies himself as a sergeant from the State Patrol Green Bay office and asks for money to resolve a car crash involving a relative

ALTOONA (AP) — A Boy charter organization,” Thi Scout troop will be able to keep in an email to troop paren its home base at a Catholic The scouting policy church in Altoona. “no youth may be denied Catholic leaders have recon- bership ... on the basis o sidered a tentative decision to ual orientation or pref have Troop 90 look elsewhere alone.” for a place to meet after the Boy The United States C Scouts revised a membership ence of Catholic Bisho policy to allow openly gay boys cently concluded the new to join the scouting program. Scout policy “does not The pastoral council at St. sarily contradict the Ch Mary’s Catholic Church had teaching, and therefore it strongly recommended cutting that dioceses can work ties with the troop, which has this new policy as it cur held its meeting at the church stands.” The La Crosse d for more than 2020, years. September 2013 1:28 pm / endorsed the conference Scoutmaster Bob Thill said clusion and cited Pope Fr that after further examination of recent statement that sam

Viroqua, Vernon County Broadcaster 09/19/2013

O PINION

“The theory of a free press is that truth will emerge from free discussion, not that it will be presented perfectly and instantly in any one account.” —Walter Li

Wisconsin A.G. Van Hollen fails state’s residents with Open Records opinion A Wisconsin State Senator is getting away with failure to comply with the state’s Open Records Law by claiming she cannot be sued while the Legislature is in session. Sen. Leah Vukmir (RWauwatosa) says that the term “in session” extends for a legislator’s entire term of office. While these claims seem ridiculous, the state Attorney General, J.B. Van Hollen, is letting her get away with it. Van Hollen is setting a precedent by not compelling Vukmir to comply with the Open Records Law. This will enable an era of political corruption that will compound Wisconsin’s growing reputation for trading in influence, patronage, cronyism and the “Divide and Conquer” unholy alliance between politics and business. Vukmir’s and Van Hollen’s positions sent both the Wisconsin Freedom of Information Council (FOIC) and newspapers such as the Milwaukee Journal Sentinel into fits this past week. “The Wisconsin Freedom of Information Council is shocked and saddened that a member of the state Legislature is, with the help of the state Attorney General's Office, effectively claiming immunity from the state's Open Records Law,” according to FOIC on Monday. “Our state's openness laws are fundamental to its ability to function as a democracy. Members of the Legislature, which passed these laws, ought to respect that. We call upon Sen. Vukmir to reconsider her position in light of the damage it could cause to the state.” Politics has lit the fire involving Vukmir’s case. The left-leaning Center for Media and Democracy (CMD) filed a suit against Vukmir to get all of her correspondence with the American Legislative Exchange Council (ALEC). ALEC connects mainly Republican legislators with corporations to draft laws, which largely benefit corporations. Open records requests must be com-

plied with in a timely manner. Vukmir does not want to comply with the CMD’s request. Van Hollen said in a court filing on behalf of Vukmir that the state Constitution gives her immunity from civil lawsuits like this while the legislature is in session. Yet, Van Hollen is playing partisan politics. He has not afforded Democratic lawmakers the same protection. Not that it would be right, but it’s simply an illustration of the political nature of Van Hollen’s action. Wisconsin Public Radio reported on Friday that Sen. Jon Erpenbach (D-Middleton) said “Van Hollen's department never discussed that option with him when he was sued for constituent e-mails by the conservative MacIver Institute. Instead, Erpenbach says the Department of Justice advised him to settle and turn the e-mails over.” Wisconsin has a strong Open Records Law to protect citizens at the grass roots level. Public officials must turn over information sought in open records requests. Van Hollen’s opinion along party lines will completely re-write the state’s Open Records Law, effectively gutting it. While lawmakers have won suits in the past in which they did not have to release records, and lawmakers have lost suits and have had to release records, this is the first case in Wisconsin where a lawmaker has simply claimed to be above the law. It has already been rubber-stamped by the state’s attorney general. Van Hollen has completely failed the state and its residents. We’re past the tipping point in Wisconsin. The state no longer requires lawmakers, who have the party favor of the governor, to comply with the state’s laws. A main circuit cable of government accountability has been unplugged. The repercussions of this stance will have long-lasting negative results that will cost state residents dearly. —Matt Johnson

Letter to the editor: I extend my thanks to th and the staff for the Bigley Po viding a clean, well-maintain place to swim. Last April, my wife encour start doing lap swimming at t first, I was not too excited ab ming back and forth for any time. For the first week I st swim eight laps and was exha doing so. However, I kept get a.m. to be at the pool by 5: couple of weeks I was up to s mile (36 laps) three mornin After a couple of months I was my blood sugar under contro about 40 pounds. I feel bette more energy than I have had years. The staff has been there on morning I came to swim. The er room and showers have

America needs in Vietnam

Letter to the editor: We went to school in Vie and Afghanistan. Did we learn Absolutely not. If you listen to the night September 19,And 2013 pm / like things are just Grandpa: Bacon! A whole damn plate! I 3:38sounds before, if not worse. These p usually drink my dinner. Now according to all of

‘Grumpier Old Men’ on aging... (In this scene from the 1995 movie “Grumpier Old Men,” John, played by Jack Lemmon, is deliv-

Letters to the ed Bigley Pool m providing clea

John Goss of the White House Council on Environmental Quality reported the find Antigo Daily Journal 09/18/2013 last week during a Great Lakes gathering in Milwaukee. He says the 53-inch, 82pound fish was caught about a month ago in

Democratic Sen. Debbie Stabenow of Michigan issued statements Tuesday repeating their call for permanent barriers between Lake Michigan and Chicago canals and rivers to protect the Great Lakes from Asian carp and other invasive species.

In records cases, lawmakers can claim immunity: Van Hollen By TODD RICHMOND Associated Press Wisconsin’s open records laws apply to legislators but they can claim immunity from lawsuits seeking their documents, Attorney General J.B. Van Hollen said Tuesday. Van Hollen, a Republican, has been criticized after the state Justice Department argued in court filings last week that the Wisconsin Constitution grants Sen. Leah Vukmir immunity from a Center for Media and Democracy lawsuit seeking records from an American Legislative Exchange Conference she attended. The lawsuit noted Vukmir, R-Wauwatosa, has turned over nine pages at CMD’s request but alleges she must have more in her possession. Van Hollen’s stance stunned open government advocates. The attorney general released a statement Tuesday saying legislators have a legal duty to respond to open record requests as

quickly as possible. He also said Vukmir complied with CMD’s request. But the Wisconsin Constitution says lawmakers aren’t subject to civil lawsuits while the Legislature is in session and Vukmir has invoked that privilege, the attorney general said. “Whether the framers’ decision to provide this unique protection to legislators was a proper balancing of interests is a debatable question,” Van Hollen said. “What is not debatable is my responsibility to defend its application when it is invoked. An attorney general simply cannot pick and choose parts of the Constitution to disregard ...” DOJ attorneys filed a motion last week asking a judge to quash CMD’s summons based on the constitution. CMD attorneys maintain DOJ’s position guts the state’s open records laws. No one could ever sue a lawmaker since the Legislature is

Even though the ommended death, it ly Naso would be e the judge agrees panel. There are 72 already on Californi Row and executio

%JT

always in session, they argue. Recent legislative sessions have run continuously from the day lawmakers are sworn in until the next class takes the oath two years later, triggering the start of the next session. CMD attorney Brendan Fischer said Van Hollen is broadly expanding the constitutional immunity privilege. Fischer argued the privilege is meant to apply only during floor periods, which typically last for a matter of days, not the entire session. “This statement that all he’s doing is upholding the constitution, that he has no role in this, is incorrect. It’s misleading,” Fischer said in an interview. Bill Lueders, president of the Wisconsin Freedom of Information Council, wrote in an email to The Associated Press that the council disagrees that the attorney general had no choice but to defend Sen. Vukmir’s “radical position.”

To learn more about Lifeline,

Activation at time of service required. Appli must certify eligibility to receive Lifeline dis fees charged on all service lines. An E911 fe location or www.cellcom.com/fees for deta

Par

Adam a N3154

September 19, 2013 3:43 pm /

Louis and W9560

tem, as well as the boating a berm that would prevent and fishing industries, it from flooding and enand hundreds of thou- abling Asian carp to esMcCloud, sands of jobs,” said Sen. cape, said Chris Appleton, Post-Crescent 09/18/2013 Debbie Stabenow, a Mich- spokesman for the Illinois Department of Natural igan Democrat. The director of the Resources. But it’s very close to White House Council on

tablished in the lakes and Chicago’s Lake Calumet, nected by the Calumet spread widely, they could out-compete other fish for where commercial fisher- River. — the base of men landed Copy a 3-foot-long latest from find “is an- plankton Reduced toThe %d%% original to fit letter page Asian carp in 2010 about other reminder that we aquatic food chains. Stabenow and Camp six miles from Lake Mich- must find a permanent soigan. Lake Calumet and lution to protect the Great sponsored legislation enLake Michigan are con- Lakes,” Rep. Dave Camp, acted last year that or-

commander Col. Frederic Drummond said during the Milwaukee conference. Public sessions will be conducted before decisions are made on a permanent fix, Goss said.

Van Hollen backs lawmaker in open records lawsuit Conference information sought from Wauwatosa GOP senator

By Todd Richmond Associated Press

Boelter

Continued from Page A3

things to look at. “I think it was definitely helpful,” he said. Boelter was murdered on Nov. 15, 2006. It is Appleton’s Boelter lone unsolved murder case. Reaching out to the Vidocq Society was only one method that’s been used to apprehend Boelter’s killer. The case has been featured on the “America’s Most Wanted” website and her family has kept the case in the public’s view with billboards, bumper stickers and memorial fundraising events. A $10,000 reward also has been offered. “We’re continually working on it,” said Leitzinger. The police department contacted the Vidocq So-

Power

Continued from Page A3

dent of energy supply. A third site, near the Kewaunee Power Station in Carlton, was ruled out as having too many disadvantages. Spicer said it was too far from a suitable natural gas pipeline and would have regulatory issues being near the non-operating but still “live” nuclear power plant. “We took a hard look at Kewaunee. In the end, however, the obstacles were just too great,” Spicer said. WPS considered its Weston power station near Wausau, but ruled it out as well.

grants Sen. Leah Vukmir immunity from a Center for Media and Democracy lawsuit seeking records from an American Legislative Exchange Conference she attended. The lawsuit noted Vukmir, R-Wauwatosa, has turned over nine pages at CMD’s request but alleges she must have more in her possession. Van Hollen’s stance stunned open government advocates. The attorney general released a state-

ment Tuesday saying legislators have a legal duty to respond to open record requests as quickly as possible. He also said Vukmir complied with CMD’s request. But the Wisconsin Constitution says lawmakers aren’t subject to civil lawsuits while the Legislature is in session and Vukmir has invoked that privilege, the attorney general said. “Whether the framers’ decision to provide this unique protection to legislators was a proper balancing of interests is a debatable question,” Van Hollen said. “What is not

debatable is my responsibility to defend its application when it is invoked. An attorney general simply cannot pick and choose parts of the Constitution to disregard ...” CMD attorneys maintain DOJ’s position guts the state’s open records laws. No one could ever sue a lawmaker since the Legislature is always in session, they argue. Recent legislative sessions have run continuously from the day lawmakers are sworn in until the next class takes the oath two years later, triggering the start of the next session. CMD attorney Bren-

dan Fischer said Van Hollen is broadly expanding the constitutional immunity privilege. Fischer argued the privilege is meant to apply only during floor periods, which typically last for a matter of days, not the entire session. “This statement that all he’s doing is upholding the constitution, that he has no role in this, is incorrect. It’s misleading,” Fischer said in an interview. Bill Lueders, president of the Wisconsin Freedom of Information Council, wrote to The Associated Press that the council dis-

agrees that the attorney general had no choice but to defend Sen. Vukmir’s “radical position.” He reiterated the council’s stance that DOJ’s interpretation would allow lawmakers to avoid any lawsuits, including actions seeking divorce or damages for injuries they might cause. “We feel (Vukmir) should rethink her stance and mount a substantive defense to the charge that she has violated what Attorney General Van Hollen acknowledges is a bedrock principle of open government in Wisconsin,” Lueders wrote.

ABOUT ‘COLD CASES’

FACTS ABOUT THE VIDOCQ SOCIETY

ON THE WEB

Gannett Wisconsin Media is publishing an exclusive series called Cold Cases: Tracking Wisconsin’s Unsolved Murders. Cold Cases is the most comprehensive unsolved-murders project of regional and statewide interest ever assembled in a print and digital format. The Gannett Wisconsin Media Investigative Team spearheaded the project in conjunction with local reporters at all 10 Gannett Wisconsin Media news organizations, including Post-Crescent Media. The Wisconsin Center for Investigative Journalism in Madison also partnered with the newspapers. The intent of Cold Cases is to generate new, valuable leads and tips for Wisconsin homicide investigators. Many of them have hit roadblocks or face dead ends. VIDEOS AND MORE: Follow the series in print and on mobile, tablet and desktop at postcrescent.com/coldcases.

» The Pennsylvania-based crime-solving organization meets monthly at the Union League of Philadelphia. Members of the Society honor Eugene François Vidocq, the brilliant 18th century French detective. » Vidocq is considered by historians to be the father of modern criminal investigation. Vidocq introduced record-keeping and the science of ballistics into police work, and he was the first to make plaster-of-paris casts of foot and shoe impressions. » The group uses its forensic and investigative skills to assist law enforcement agencies with cold case homicides. At Vidocq meetings, members “evaluate, investigate, refocus, revivify and solve the unsolved deaths officially brought to them.” » The Vidocq Society is dedicated to dealing with long-unsolved murders and other major cases. The Vidocq credo is Veritas Veritatum - The Truth of Truths. » The Vidocq Society’s 82 members (one for every year of Vidocq’s life) come from 17 states and 11 countries outside the U.S.

To learn more about the Vidocq Society, visit www.vidocq.org.

ciety at the suggestion of Deputy Chief Robert Kavanaugh, who watched a television show about the crime-solving organization. Vidocq officials reviewed a synopsis of the Boelter case and later invited Appleton detectives to Philadelphia. The Boelter case was presented during the traditional monthly luncheon at the Union League of Philadelphia, a historically rich building.

. % : :

“I was a little bit nervous and anxious,” said Leitzinger. “You just wonder what they are going to ask.” Meyer said they did a comprehensive job explaining the case details to the 82-member Vidocq Society. He said the Boelter slaying “is a case we have lived” for years. After the presentation, society members asked for clarification of details from the case and offered

insights into possible new investigative angles. “They provided us with different things to look at,” said Meyer, who declined to elaborate. That’s one of the missions of the Vidocq Society, said Edward Tenuto, communications director for the volunteer group. “We act as a resource to law enforcement. We

use a wealth of knowledge and information to support an investigation,” Tenuto said. The society is comprised of retired and active law enforcement professionals, FBI agents, medical examiners, forensic scientists, judges, lawyers and doctors. “It’s a diverse group,” Tenuto said.

&$"( !' )$# %

' ) . 5 % 1 "$ ' 5 ) " &

The society, which is privately funded and supported by dues, donations and a banquet, examines only one case every month. The sessions typically last about two hours. Tenuto said the society doesn’t have an exact count of how many cases it has helped to solve, but estimates it to be in the 80s. “Members of the society will look for things that they’re familiar with that maybe haven’t been addressed,” he said. “You just never can tell what little detail can open up a whole other avenue of opportunity for the investigator to go in a different direction.”

— Andy Thompson: 929-993-1000, ext. 257, or athompson@postcrescent.com ; on Twitter @Thompson_AW

4 : 1 ' ) " %

1$++-%'*) +%(, "0'/ !-+.$#& -86 +2772,3 #80!28< (:8:2AO 1H2(:68< F$OO 1&A2: $8-62MAK$68 A?6HK A 8:F K2:AKM:8K -62 A>$; 2:)HE >AOO:; *!$#%"& '()3 B&$1 $8>$1$68O:11 426>:;H2: A;;2:11:1 K&: H8;:2OD$8( >AH1: 6- A>$; 2:)HE A8; (:K1 D6H ?A>Q K6 :8"6D$8( O$-:3 (/:)9 !68;AD< L:4K:M?:2 IJ< I.5J AK +=J. 43M3 September 19, 2013 3:44 pm / (/:%:9 LK3 *O$CA?:K& %614$KAO '6FO:2 ,68-:2:8>: N66M1 I @ J

Beaver Dam, Daily Citizen 09/18/2013

d shorten the ging a lawsuit ter purchasing a three years.

unting ons lifted

P) | The state d a Republican isallow local m restricting ow hunting. law prohibments from ng, fishing ess the pros public health

d Tuesday at prohibition nd crossbow tions could be ng within 100 ng on govern-

d also leave in current prohig within 1,700 l, school or

STATE

Beaver Dam Daily Citizen

Open records advocates upset with AG MADISON (AP) | Wisconsin’s open records laws apply to legislators but they can claim immunity from lawsuits seeking their documents, Attorney General J.B. Van Hollen said Tuesday. Van Hollen, a Republican, has been criticized after the state Justice Department argued in court filings last week that the Wisconsin Constitution grants Sen. Leah Vukmir immunity from a Center for Media and Democracy lawsuit seeking records from an American Legislative Exchange Conference she attended. The lawsuit noted Vukmir, R-Wauwatosa, has turned over nine pages at CMD’s request but alleges she must have more in her possession. Van Hollen’s stance stunned open government advocates. The attorney

general released a statement Tuesday saying legislators have a legal duty to respond to open record requests as quickly as possible. He also said Vukmir complied with CMD’s request. But the Wisconsin Constitution says lawmakers aren’t subject to civil lawsuits while the Legislature is in session and Vukmir has invoked that privilege, the attorney general said. “Whether the framers’ decision to provide this unique protection to legislators was a proper balancing of interests is a debatable question,” Van Hollen said. “What is not debatable is my responsibility to defend its application when it is invoked.” CMD attorneys maintain DOJ’s position guts the state’s open records laws. No one

could ever sue a lawmaker since the Legislature is always in session, they argue. Recent legislative sessions have run continuously from the day lawmakers are sworn in until the next class takes the oath two years later, triggering the start of the next session. CMD attorney Brendan Fischer said Van Hollen is broadly expanding the constitutional immunity privilege. Fischer argued the privilege is meant to apply only during floor periods, which typically last for a matter of days, not the entire session. Bill Lueders, president of the Wisconsin Freedom of Information Council, wrote in an email to The Associated Press that the council disagrees that the attorney general had no choice but to defend Sen. Vukmir’s “radical position.”

September 15-21 September 19, 2013 3:45 pm /

Beloit Daily News 09/18/2013

Opinion

William R. Barth Editor 608-364-9221 Copy Reduced to %d%% from original to fit letter page Beloit Daily News

Editorial

They are not above the law Secrecy-minded argument not in keeping with Wisconsin traditions. IN THIS SPACE on Monday the Beloit Daily News criticized a legal argument that legislators can ignore Wisconsin’s open records law, advanced by Sen. Leah Vukmir, R-Wauwatosa, and supported by Republican Attorney General J.B. Van Hollen. Similar expressions of criticism are mounting, across the state. The Wisconsin Freedom of Information Council is a statewide organization that long has championed the public’s right to know. Its representatives come from five organizations whose members encompass the state’s news media — the Wisconsin Newspaper Association, the Wisconsin Broadcasters Association/ Broadcast News Council, Wisconsin Associated Press, Society of Professional Journalists-Sigma Delta Chi, and the Wisconsin News Photographers Association. Today, in this space, we publish the full statement released by the FOIC in defense of citizens’ access to public records. “THE WISCONSIN Freedom of Information Council is shocked and saddened that a member of the state Legislature is, with the help of the state Attorney General’s Office, effectively claiming immunity from the state’s Open Records Law. “As reported by the Milwaukee Journal Sentinel, state Sen. Leah Vukmir, R-Wauwatosa, is advancing a legal argument that ‘would let all lawmakers ignore the Open Records Law.’ The senator claims she cannot be sued while the Legislature is in session and that the session extends for a legislator’s entire term. “Our state’s openness laws are fundamental to its ability to function as a democracy. Members of the Legislature, which passed these laws, ought to respect that. We call upon Sen. Vukmir to reconsider her position in light of the damage it could cause to the state. “SO FAR as we can recall, no lawmaker has ever before tried to defeat the state’s open records law by employing this ruse. We are deeply disappointed in both Sen. Vukmir and the Attorney General’s Office, for the position it has taken, in its Sept. 11, 2013 court filing. “The state Attorney General’s Office has statutory authority for interpreting and enforcing the state’s openness laws. In the past, the office has initiated legal action against members of the Legislature. “In fact, lawmakers have been sued for violating the Open Records Law on a number of occasions, listed below. They sometimes lost, sometimes settled, and sometimes won. But in no prior instance did they claim to be above the law. “Wisconsin’s traditions of open government, including the ability to litigate cases of alleged noncompliance, have served the state well. That is not a tradition with which we should dispense. “PRIOR CASES of Open Records lawsuits against state of Wisconsin lawmakers: “WI State Journal v. WI Joint Committee on Legislative Organization, Sen. Alan Lasse, Sen. Mary Panzer, Rep. John Gard, Dane County Case Number 2003CV003343. Brought by news media to obtain an investigative report into operations of the Joint Committee on Legislative organization. The report was released. ... “State of WI v. David A Zien and Scott Gunderson, Dane County Case Number 2005CV002896. Brought by state Attorney General Peg Lautenschlager, alleging that the lawmakers were violating the law in not providing access to draft bills being shared with others. The case was dismissed by an appellate court because Lautenschlager was no longer in office. ... “Wisconsin State v. Jeffrey Stone, Milwaukee County Case Number 2006CX000003. Brought by the Attorney General’s Office under Peg Lautenschlager. The case was ultimately dismissed when Lautenschlager’s successor, J.B. Van Hollen, decided not to pursue it. ... “Democratic Party of WI v. State Sen. Dan Kapanke, Dane County Case Number 2009CV003928. This case settled when Sen. Kapanke produced the disputed records; he later promised to reimburse taxpayers for attorneys fees. ... “LAKELAND TIMES v. Mark Miller, Dane County Case Number 2010CV002011. Minocqua-based newspaper sued state Sen. Mark Miller, for not providing records in response to a request. The case was settled with Miller agreeing to pay fees and costs. ... “One Wisconsin Now v. Alberta Darling, Dane County Case Number 2011CV003529. Liberal advocacy group sued state Sen. Darling over her failure to release records. Case is settled out of court, with Darling agreeing to release the records and pay the group’s legal fees. ... “Center for Media & Democracy v. five state lawmakers, Dane County Case Number 2012CV003922. The same group now trying to sue Sen. Vukmir sued five state representatives (Jeremy Thiesfeldt, Pat Strachota, Tyler August, Dan Knodl and Tom Larsen) for not providing records on request. The lawmakers settled, agreeing to release the records and pay costs and fees. ... “John K Maciver Institute v. Jon Erpenbach, Grant County Case Number 2012CV000063. A conservative public policy group sued state Sen. Erpenbach, alleging he violated the open records law in redacting identifying information from requested records. A circuit court judge ruled in Erpenbach’s favor but the case is on appeal. ...” TO OUR READERS: Remember, while news organizations often find themselves on the front lines of these battles, access to government information is the right of the people, not some privilege for reporters and editors. That’s why journalists do not seek special treatment under the law. The right to know — perhaps especially when it comes to the state’s highest

public arena.”

Wednesday, September 18, 2013

Capitol newsletter

Policy issues are money issu

By Matt Pommer Money issues are bouncing around two current hot issues for state government: reform of drunkendriving laws and accountability-reporting for voucher schools. The public and some editorial pages are pushing for tougher laws to fight drunken driving, and the politicians seem ready to get on board. But there are substantial costs for almost all of the ideas in the Legislature. EARLIER THIS year the non-partisan Legislative Fiscal Bureau estimated that one set of ideas could cost an additional $250 million. The Department of Corrections also estimates it would need to spend $236 million to build additional facilities to house an increase of convicted drunken drivers sent to prison. Proponents discount the idea of significant increases in state-agency costs. They contend tougher penalties will dramatically reduce the number of drunks behind the wheel. “The deterrent effect

needs to be taken into account; otherwise there’s no point in doing it,” said State Rep. Jim Ott, R-Mequon, a leader in the push for tougher penalties. REQUIRING everyone arrested for drunken driving to appear in court and tougher penalties will increase the workloads in courthouses across the state. Some of the time spent behind bars will come in county jails. County officials want to know who is going to pay for the increased workloads in the courts and jails. The changes in judicial procedures and incarceration will cost money at the county level. Additionally, county government leaders want the Legislature to pay for their increased costs including prosecutors. Otherwise, the burden is likely to end up in higher county property tax bills, they say. WISCONSIN has a reputation of being a harddrinking state. It is the only one which doesn’t criminalize a first offense, instead treating it similar to a speeding ticket. More than

12,000 establishments sell booze. The state was one of the last to increase the legal drinking age to 21. Among the legislative ideas are mandatory time of six months to three years in prison if a person were injured in an accident, requiring court appearances for all accused of drunken driving, and allowing the seizure of a vehicle involved in such accidents. The topic of money also has popped up in the legislative efforts to get additional information about the educational success of students who attend private schools with state financial help through vouchers. This year the Legislature expanded the programs. The vouchers are $7,210 for kindergarten through eighth grade and $7,856 for high school. THE LATEST proposal would test every public, charter or voucher school in five categories. A series of consequences would flow to schools which underperform for a three-year period, including removal from the voucher program. A spokesman for the

Milwaukee lic schools tive hearin scores of vo could give a of a school On the oth all student schools wou she said. The priv need to fin that testing advocates press for fu in the next The Legisl reluctant t check to th out the test

STATE len, D-Ja voucher s understan ity is the p from increa lic tax mon the public told private Money p in that pub

Matt Po time Capito in Wiscons is distribu Wisconsin N ciation.

Public Forum ‘Milestone of 500 bicycles’ Thank you to the Beloit area community for your continued support of the Bike Elves project. Because of the great donations we have received and the help that we have received from Greg and Nancy Wicklund, owners of Beloit Bicycle Company, and many others who have assisted with collecting bikes, fixing bikes, etc, we have been able to fill every request we have received for bikes. We recently gave away the 500th bicycle in just 15 months of doing this project. On World Alzheimer’s Awareness Day, September 21, 2013 friends and family are holding a surprise celebration for Brian Reece for making that 500 bike milestone. Even though Brian struggles daily with this disease he continues to persevere and fixes bicycles to make children smile. The community is invited to attend this event. This event will be held at the Jones Pavilion in Beloit at 1:00 with a celebratory ride at 2:30 (tentatively). Information about Alzheimer’s Disease will be available at this event. If you are unable to attend, but want to help increase Alzheimer’s awareness, join us by wearing purple

How to write the Forum The Beloit Daily News welcomes letters to the editor from its readers on subjects of general interest. Opinions expressed in the Forum are the author’s, and do not reflect the views of the Beloit Daily News. Letters may be submitted for consideration to Public Forum, Beloit Daily News, 149 State St., Beloit, WI 53511, or electronically at the BDN Connection (beloitdailynews.com). Letters should be kept to 300 words or that day. Fo r m o r e i n f o r m a tion about this event, to let us know about a child that needs a bike or to make arrangements to donate bikes to us visit Brian Reece Bike Elves on Facebook or email us at bikeelves@gmail.com. Anne Reece Beloit

‘Settle disputes without war’

Diplomacy is always better than war. I couldn’t agree more with Dave and Stephanie

less, and must include the author’s name, signature, address and telephone number for verification purposes. Only the name and hometown will be published. Not all letters will be printed. Letters that engage in profanity, name-calling or address narrow personal interests will be rejected. The Daily News reserves the right to edit letters for brevity and clarity. Dobson’s letter of Sept. 14. War is not a sporting event. I was very much opposed to any military intervention in Syria and was very relieved when Russia and Syria agreed to a negotiated surrender of chemical weapons. Why is it that some people still think we should have gone in and bombed Syria? What would killing even more people have accomplished? Make the U.S. look tough? Why? What have we accomplished in Iraq and Afghanistan? Isn’t there a saying that

the definiti doing the s and over, e ent results? When w a non-viol internation doesn’t req tle disputes B

‘Remin with cl

Member graduatin High Sch enjoyed a c dinner Sat at the Belo Forty-se along with es and fam attended. T planned an a diligent c following c Darlene (Da Betty (Ho Beverly (K Doris (Gar and Ellen rett. David D regarding t ship accoun David Rey invocation program. W opportunity seek out ot and remin did enthusi

Today in history The Associated Press Today is Wednesday, Sept. 18, the 261st day of 2013. There are 104 days left in the year. Today’s Highlight in History: On Sept. 18, 1862, President Abraham Lincoln signed a commission naming Rabbi Jacob Frankel of Rodeph Shalom Congregation in Philadelphia the first Jewish chaplain of the U.S. Army. On this date: In 1759, the French formally surrendered Quebec to the British. In 1793, President George Washington laid the cornerstone of the U.S. Capitol. In 1810, Chile made its initial declaration of independence from Spain with the formation of a national September junta. In 1850, Congress passed the Fugitive Slave

System (later CBS) made its on-air debut with a basic network of 16 radio stations. In 1931, an explosion in the Chinese city of Mukden damaged a section of Japanese-owned railway track; Japan, blaming Chinese nationalists, invaded Manchuria the next day. In 1947, the National Security Act, which created a National Military Establishment, went into effect. In 1961, United Nations Secretary-General Dag Hammarskjold was killed in a plane crash in northern Rhodesia. In 1970, rock star Jimi Hendrix died in London at age 27. In 1975, newspaper heiress Patricia Hearst was captured by the FBI in San2013 Francisco, 19 months 19, 3:45 pm / after being kidnapped by the Symbionese Liberation Army. In 1981, a museum

site of the 1996 Summer Olympics. The organized crime drama “GoodFellas,” directed by Martin Scorsese, had its U.S. premiere in New York. Ten years ago: Hurricane Isabel plowed into North Carolina’s Outer Banks with 100 mph winds and pushed its way up the Eastern Seaboard; the storm was later blamed for 30 deaths. Five years ago: President George W. Bush told the country his administration was working feverishly to calm turmoil in the financial markets. The president met with Treasury Secretary Henry Paulson and Federal Reserve Chairman Ben Bernanke, who then asked Congress to give the government power to rescue banks by buying up their bad assets. Stocks on Wall Street shot up more than 400 points on word a plan was in the

ending a c mate with Emanuel o and job sec Today’s er Jimmie Actor Robe Former Se nett, R-Ut Fred Willa Eddie Jone singer Bob Singer Fra 73. Actres (“The Min 64. Rock m Livgren is 6 Deavere Sm ketball coa is 61. Co Hall of Fam NFL playe 58. Movie Romanek Hall of Fam berg is 54. musician 52. Singer erall (Hum 51. Actres son Peete

Madison, The Cap Times 09/18/2013 PAUL FANLUND, editor, pfanlund@madison.com

DAVE ZWEIFEL, editor emeritus, dzweifel@madison.com

Copy Reduced to %d%% from original to fit letter page JOHN NICHOLS, associate editor, jnichols@madison.com

JUDIE KLEINMAIER, opinion editor, jkleinmaier@madison.com

LYNN DANIELSON, opinion editor, ldanielson@madison.com

OPINION & COMMENTARY Don’t take ax to public’s right to know

f Wisconsinites were looking for a measure of how far out of control things have gotten under Gov. Scott Walker’s hyperpartisan approach to governing, they need look no further than an incident involving a key confidante of the governor and a process server seeking to deliver paperwork related to the state’s open records law. State Sen. Leah Vukmir, R-Wauwatosa, has for Our Views months been stonewalling a legitimate open records request from the Madison-based Center for Send us yours: tctvoice@madison.com Media and Democracy. The group is responsible for the ALEC Exposed project, which revealed how the corporate-funded American Legislative Exchange Council has been working with state legislators across the country to enact measures sought by special interests. Vukmir has worked closely with ALEC, and the center sought information regarding bills she has proposed in cooperation with the national group. Because of her refusal to cooperate, CMD is suing to force her to turn over the records. Vukmir is not the first legislator to try to thwart the public’s right to know. Just last year, the CMD had to sue six Republican legislators to get them to turn over ALEC-related documents under the open records law. But Vukmir has taken things to a new, and bizarre, level.

When a process server went to her office to deliver paperwork regarding the lawsuit, one of Vukmir’s top aides was — according to a document filed in regard to the case — verbally abusive, physically aggressive and threatening. When another process server went to the office, the abuse continued. The incident raises a big question: What is Leah Vukmir hiding? Furthermore, why is Attorney General J.B. Van Hollen sacrificing his own integrity and the good reputation of the state Department of Justice to help Vukmir try to thwart the open records law? Vukmir and Van Hollen are advancing an interpretation of the open records law that claims members of the Legislature do not have to obey the rules when the chambers

are in session. Since the Legislature is, for all intents and purposes, permanently in session, Van Hollen is effectively arguing that the open records law should no longer apply in any meaningful way to the Legislature. This a radical stance that raises even more questions. Brendan Fischer, a CMD lawyer, asks: Why are they willing to try to torpedo the open records law to keep Vukmir from having to defend her position? The answers that suggest themselves are these: First, since Walker and his allies took charge in 2011, Wisconsin has seen a steady importation of proposals regarding unions, public education and a host of other is-

THE HUMAN COST OF WAR U.S. Department of Defense

AMBER ARNOLD/STATE JOURNAL

The Center for Media and Democracy has sued Sen. Leah Vukmir to get her to hand over records about her attendance at a recent ALEC meeting.

sues. Instead of thinking for themselves, Walker and legislators like Vukmir seek to implement a national agenda shaped by corporate campaign donors and groups like ALEC. This is no secret. Vukmir and other top legislators such as Senate Majority Leader Scott Fitzgerald, R-Juneau, and former Assembly Majority Leader Scott Suder, R-Abbotsford, fly off to ALEC conferences with corporate titans. But specific revelations regarding Vukmir’s involvement, particularly with regard to the crafting of legislation, could provide Wisconsinites with a clearer picture of who is pulling the strings. Second, and perhaps even more importantly, under Walker and his allies state government has abandoned traditional models of serving all Wisconsinites. The operating premise coming from the governor’s office and legislative leaders is one of: You’re either with us or you’re against us. Van Hollen, as a state constitutional officer, should be with the people. Unfor-

2,137

U.S. deaths in Afghanistan as of Sept. 16

tunately, in this case he has chosen partisanship — like Vukmir, he’s an active Republican — over the rule of law. And the public interest. Again, we ask: Why? What is so vital about keeping ALEC details Attorney secret? General J.B. State Sen. Jon ErpenVan Hollen bach, D-Middleton, was sued two years ago by a conservative group seeking records of his email communications with constituents. Regarding that suit, Erpenbach says, “I sought the advice of Attorney General Van Hollen, who is a constitutional officer sworn to represent the Legislature without prejudice. He refused to provide any counsel other than to tell me to acquiesce to the conservative organization’s request.” Yet, in Vukmir’s case, Van Hollen’s lawyers are attacking the very same open records law. Erpenbach concludes: “If you are protecting ALEC, the attorney general will jump to represent you. But if you are protecting citizens, he apparently cannot be bothered.” It is hard to argue with Erpenbach’s determination that Van Hollen and the Department of Justice are engaging in “blatant partisan and political actions.” As the state’s chief law enforcement officer, Van Hollen should be encouraging Vukmir and his fellow Republicans to respect the law. But in Scott Walker’s Wisconsin, there appears to be one set of rules for Walker’s allies and another for everyone else. And the right of the voters to know what the state is doing in their name, and with their tax dollars, is being sacrificed on the altar of partisanship.

19,287

Wounded in action in Afghanistan as of Sept. 16

September 18-24, 2013 « The Cap Times «

September 19, 2013 3:50 pm /

Eau Claire, Leader-Telegram 09/18/2013

STATE

ong n l

AG says he must defend senator in records suit By The Associated Press MADISON — Wisconsin’s open records laws apply to legislators, but they can claim immunity from lawsuits seeking their documents, Attorney General J.B. Van Hollen said Tuesday. Van Hollen, a Republican, has been criticized after the state Justice Department argued in court filings last week that the Wisconsin Constitution grants Sen. Leah Vukmir, R-Wauwatosa, immunity from a Center for Media and Democracy lawsuit seeking records from

re that y farms

to conulhern, officer of lk Producsaid in a ent. “The uming raw y, but the illness and eal.” ll cleared ture with ort in 2010, from thena Democoncerns h and the isconsin’s

an American Legislative Exchange Conference she attended. The lawsuit noted Vukmir has turned over nine pages at CMD’s request but alleges she must have more in her possession. Van Hollen’s stance stunned open government advocates. The attorney general released a statement Tuesday saying legislators have a legal duty to respond to open record requests as quickly as possible. He also said Vukmir complied with CMD’s request. But the state constitution says

lawmakers aren’t subject to civil lawsuits while the Legislature is in session, and Vukmir has invoked that privilege, the attorney general said. “Whether the framers’ decision to provide this unique protection to legislators was a proper balancing of interests is a debatable question,” Van Hollen said. “What is not debatable is my responsibility to defend its application when it is invoked. An attorney general simply cannot pick and choose parts of the Constitution to disregard ...”

Add Value to your Home with New, Energy Efficient Windows! Call for your

Free Estimate

715-552-1890

www.WindowWorld.com www.WindowWorld.com

ov. Scott nday oking” slation, e would from mantly

a spokese Milk he group ny new ng it easilk, notallows es, the La reported. nk science mpromise aid. with the ion is Jim veterinarrmer from aid he — as do ndkids — k it should her people to it.” aig, who om his New Hol-

Wednesday, September 18, 2013 LEADER-TELEGRAM

6 PM

EC DT DN

- 25

- 18

6 13 13 -

9 10 12 15 22 23 24 25 26 27 28

350 307 235 327 335 251 252 206

210 239 115 166 162 127 108 140

WHWC WEUX FOX-48 WCCO-4 WQOW ABC-18 WSTP-5 WEAU NBC-13 WSAW-7 KARE-11 WKBT CBS-8 WKBTDT WAOW-9 KTCA CSPAN WQOWDT WGN-A STYLE CMT VH1 OXYGEN LIFE ESPN

6:30

7 PM

7:30

719689_9-3-13

8 PM

8:30

9 PM

9:30

10 PM 10:30 11 PM 11:30

PBS NewsHour (N) (HD) Earthflight-Nat NOVA “Why Ships Sink” Brains on Trial Latino Americans The history and people from 1565-1880. The Big The Big The X Factor “Auditions No. 3” Auditions continue. Fox25/48 TMZ (TVPG) The Arsenio Hall Show The Office The Office Bang Theory Bang Theory (TV14) (N) (HD) News at 9 (N) (HD) (TV14) (N) (HD) (HD) Ryan returns. News Wheel Survivor “Blood Is Thicker Than Anything” Big Brother (Season Finale) (N) (HD) News Late Show W/Letterman Ferguson News (N) Who Wants/ The Middle The Middle Modern Modern Nashville Deacon confronts News (N) (:35) Jimmy Kimmel Live (:37) NightMillionaire (HD) “Life Skills” Family (HD) Family (HD) Rayna about a secret. (TV14) (N) (HD) line (HD) News News The Middle The Middle Mod Fam Mod Fam Nashville (TVPG) (HD) 5 Eyewitness News at 10 Jimmy Kimmel Live (HD) WEAU 13 Wheel of The Million Second Quiz America’s Got Talent (Season Finale) The winner is WEAU 13 (:34) The Tonight Show Late Night News at Six Fortune (N) “Day 9” (Live) (N) (HD) announced. (Live) (TVPG) (N) (HD) News at Ten With Jay Leno (N) (HD) /Jimmy Fallon News 7 at 6 Extra (HD) Survivor “Blood Is Thicker Than Anything” Big Brother (Season Finale) (N) (HD) News 7 at 10 Late Show W/Letterman Ferguson News Ent The Million Second Quiz (N) America’s Got Talent The winner is announced. (N) News Tonight Show w/Jay Leno Jimmy Fallon News 8 at Entertain- Survivor “Blood Is Thicker Than Anything” Big Brother The jury votes for the winner News 8 at (:35) Late Show With David (:37) The Six (HD) ment Tonight Loved ones compete against each other. of the $500,000 first prize. (N) Ten (HD) Letterman (TVPG) (HD) Simpsons ThisMinute ThisMinute NUMB3RS “Longshot” NUMB3RS “Blackout” News (N) Dr. Phil (N) (PA Part 1 of 2) Dish Nation Ent Sunny News Ent The Middle The Middle Mod Fam Mod Fam Nashville (TVPG) (HD) News (:35) Jimmy Kimmel Live (N) Nightline (N) PBS NewsHour (N) (HD) Earthflight-Nat Life in Cold Blood (TVG) NOVA “Why Ships Sink” Red Green Red Green CONSTITUTION USA-Sagal (4:00) U.S. House of Representatives Capitol Hill Hearings Seinfeld Engagement Arrow (TV14) (HD) Supernatural “Sacrifice” Engagement Seinfeld Community Community ’70s Show ’70s Show Funniest Home Videos Engagement Engagement Engagement Engagement WGN News at Nine (HD) How I Met Engagement Engagement Parks Supernanny (TVPG) Tia & Tamera (HD) Giuliana & Bill (HD) Hot Listings Miami (HD) Tia & Tamera (HD) Giuliana & Bill (HD) Reba (HD) Reba (HD) RV (’06, Comedy) ›› Robin Williams. (PG) (HD) Dog and Beth: On the Hunt Cops Rel. Cops Rel. RV (’06) ›› Robin Williams. Mr. Deeds (’02, Comedy) › Adam Sandler. (PG-13) (HD) Tough Love: Co-Ed (HD) Tough Love: Co-Ed (HD) Tough Love: Co-Ed (HD) Miami Monkey (HD) (5:00) She’s All That ›› 13 Going on 30 (’04) ››› Jennifer Garner. (PG-13) Too Young to Marry? (N) 13 Going on 30 (’04) ››› Jennifer Garner. (PG-13) September 19, 2013 3:47 pm / Trading Spouses Julie & Julia (’09, Comedy-Drama) ››› Meryl Streep. (PG-13) (HD) (:01) Devious Maids (HD) (:02) Julie & Julia (’09) ››› aMLB Baseball: Teams TBA (Live) (N Subject to Blackout) (HD) aMLB Baseball: Los Angeles Dodgers at Arizona Diamondbacks (Live) (HD)

son, much of which airs on CBS. A football blackout would have been bad news for both Fort Atkinson, Daily County Union 09/18/2013 Warner, which might have lost subTimeJefferson scribers, and CBS, which might have lost ratings and advertisers.

It’s time for Congress to adjust them to catch up with two decades of enormous changes in the way television shows are made, sold and shown in this country. — Los Angeles Times.

J.B. Van Hollen’s decision stuns open-government advocates MADISON (AP) — Wisconsin’s open records laws apply to legislators, but they can claim immunity from lawsuits seeking their documents, Attorney General J.B. Van Hollen said Tuesday. Van Hollen, a Republican, has been criticized after the state Justice Department argued in court filings last week that the Wisconsin Constitution grants Sen. Leah Vukmir immunity from a Center for Media and Democracy lawsuit seeking records from an American Legislative Exchange Conference she attended. The lawsuit noted Vukmir, RWauwatosa, has turned over nine pages at CMD’s request, but alleges she must have more in her possession. Van Hollen’s stance stunned open government advocates. The attorney general released a statement Tuesday saying legislators have a legal duty to respond to open record requests as quickly as possible. He also said Vukmir complied with CMD’s request. But the Wisconsin Constitution says lawmakers aren’t subject to civil lawsuits while the HERMAN® by Jim Unger

Legislature is in session and Vukmir has invoked that privilege, the attorney general said. “Whether the framers’ decision to provide this unique protection to legislators was a proper balancing of interests is a debatable question,” Van Hollen said. “What is not debatable is my responsibility to defend its application when it is invoked. An attorney general simply cannot pick and choose parts of the Constitution to disregard ...” DOJ attorneys filed a motion last week asking a judge to quash CMD’s summons based on the constitution. CMD attorneys maintain DOJ’s position guts the state’s open records laws. No one could ever sue a lawmaker since the Legislature is always in session, they argue. Recent legislative sessions have run continuously from the day lawmakers are sworn in until the next class takes the oath two years later, triggering the start of the next session. CMD attorney Brendan Fischer said Van Hollen is broadly expanding the constitutional im-

munity privilege. Fischer argued the privilege is meant to apply only during floor periods, which typically last for a matter of days, not the entire session. “This statement that all he’s doing is upholding the constitution, that he has no role in this, is incorrect. It’s misleading,” Fischer said in an interview. Bill Lueders, president of the Wisconsin Freedom of Information Council, wrote in an email to The Associated Press that the council disagrees with the attorney general that he had no choice but to defend Sen. Vukmir’s radical position.” He reiterated the council’s stance that DOJ’s interpretation would allow lawmakers to avoid any lawsuits, including actions seeking divorce or damages for injuries they might cause. “We feel (Vukmir) should rethink her stance and mount a substantive defense to the charge that she has violated what Attorney General Van Hollen acknowledges is a bedrock principle of open government in Wisconsin,” Lueders wrote.

MODERATELY CONFUSED™ by Jeff Stahler

long been opposed by Cause in Wisconsin, t of Women Voters of Wis Wisconsin Democracy C Their cause got a boo August with the pub editorials in papers inc Wisconsin State Jou waukee Journal Senti Bay Press-Gazette, Post-Crescent, Belo

Lette

GOOD MEMORIES Editor, Daily Union the Jefferson High Sch statue article of inte brought back good me Mr. Jefferies was loo decal or emblem of an e was interested in mak gle that hung at the gym for many years. beautiful piece of work Mr. Jefferies was we He was a master craft I have no doubt t were others intereste form of eagle as a nic to the school décor, bu ent eagle was the resul of the Class of 1967. Ab ago, I wrote a letter to about its procuremen and placement. I will a briefly try to explain h pened. My wife and I were from her folks’ home i Point. As we approac eveld, we passed a J.I. ership and I noticed a 3 eagle in front of their b mentioned to my wi would be nice if we c one like it to place som the school. I contacted the J.I. C

The Daily

periodica pOstmaster: send address

p.O. B t

City Walking Route Subscri

Rural/City Motor Routes: after 6 p.m. and leave a me

christine m. span Managing Edito

• randall dullum, New jeff seisser, Sports ryan whisner, Regiona sue hartwicK, Society jOsh smith, Sports W

September 19, 2013 3:48 pm /

Janesville, The Gazette 09/18/2013

met few expectations, the second-low- school districts a month ago to be vetest ranking. This is the second year ted, and many have already informed the state Department of Public In- parents of the results. Student test were first in April, struction released report cards forfrom all scores Copy Reduced to %d%% original to released fit letter pagebut public schools and first with district- were combined with other data to

Immunity granted in records lawsuit Senator invokes right within state laws Associated Press MADISON

Wisconsin’s open records laws apply to legislators but they can claim immunity from lawsuits seeking their documents, Attorney General J.B. Van Hollen said Tuesday. Van Hollen, a Republican, has been criticized after the state Justice Department argued in court filings last week that the Wisconsin Constitution grants Sen. Leah Vukmir immunity from a Center for Media and Democracy lawsuit seeking records from an American Legislative Exchange Conference she attended. The lawsuit noted Vukmir, R-Wauwatosa, has turned over nine pages at CMD’s request but alleges she must have more in her possession. Van Hollen’s stance stunned open government advocates. The attorney general released a statement Tuesday saying legislators have a legal duty to respond to open record requests as quickly as possible. He also said Vukmir complied with CMD’s request. But the Wisconsin Constitution says lawmakers aren’t subject to civil lawsuits while the Legislature is in session and Vukmir has invoked that privilege, the attorney general said. “Whether the framers’ decision to provide this unique protection to legislators was a proper balancing of interests is a debatable question,” Van Hollen said. “What is not debatable is my responsibility to defend its application when it is invoked. An attorney general simply cannot pick and choose parts of the Constitution to disregard …” DOJ attorneys filed a motion last week asking a judge to quash CMD’s summons based on the constitution. CMD attorneys maintain DOJ’s position guts the state’s open records laws. No one could ever sue a lawmaker since the Legislature is always in session, they argue. Recent legislative sessions have run continuously from the day lawmakers are sworn in until the next class takes the oath two years later, triggering the start of the next session. CMD attorney Brendan Fischer said Van Hollen is broadly expanding the constitutional immunity privilege. Fischer argued the privilege is meant to apply only during floor periods, which typically last for a matter of days, not the entire session. “This statement that all he’s doing is upholding the constitution, that he has no role in this, is incorrect. It’s misleading,” Fischer said in an interview.

in progress,” Johnson said. “We’ve said that all along.” More changes will be coming in future years. For example, beginning in 2014, a new series of ACT tests will re-

BRIEFS

for each sch port cards r est, “signif tions,” had tricts, follo

Police: Shoo

Compiled from Gazette wire services

Associated Press

Wisconsin farmland values slow

MILWAUKEE

MADISON—The value of Wisconsin’s agricultural land inched up just 1 percent in the last year, well behind farmland value increases in neighboring states. A U.S. Department of Agriculture survey said the average value of Wisconsin farmland increased to $4,000 an acre. The 1 percent increase compares with a 20 percent jump in Iowa to $8,400 an acre and a 16.4 percent increase in Illinois to $7,800 an acre. The survey shows the biggest increase was in North Dakota where the average value of farm real estate jumped more than 36 percent to $1, 690 an acre.

Passed bill expands landlord powers MADISON—The Wisconsin state Senate has passed a bill that would grant landlords more power over tenants, a move opposed by Democrats as taking away tenants’ rights and limiting the control of local governments over property within their jurisdiction. The measure passed Tuesday with all Republicans in support and Democrats against. The bill would allow landlords to dispose of any property an evicted tenant leaves behind, immediately tow illegally parked vehicles and toss tenants out if a crime occurs on the property and the tenant was in a position to prevent it. The measure is opposed by the Wisconsin Coalition Against Domestic Violence, the cities of Milwaukee and Madison as well as the League of Wisconsin Municipalities and others. A similar version of the bill passed the Assembly in June.

Crossbow season bill passed by Senate MADISON—The state Senate has approved a bipartisan bill that would allow hunters to use crossbows during bow deer season. Currently only physically disabled hunters or hunters over age 65 can use crossbows. The bill’s supporters argue allowing open crossbow hunting would expand hunting opportunities, spare disabled hunters the required physical examination needed to get a permit and provide an economic boost to the hunting industry. Some bow hunters worry allowing crossbows, which operate with a trigger-pull like rifles, would taint traditional bow hunting. The bill has passed on a voice vote by the Senate on Tuesday includes a two-year pilot program for open crossbow hunting starting next year. It now heads back to the Assembly, which passed a nearly identical version of the proposal unanimously in June.

School shooters almost al ways telegraph their violen plans ahead of time, a tenden cy that could help authoritie prevent assaults as long a those close to the person plot ting an attack come forward in time, panelists said Tuesda at a summit for the nation’s at torneys general. There’s a general percep tion that shooters are peopl who just snap after having bad day, said Susan Riseling police chief at UW-Madison Instead the opposite is true These individuals are s meticulous about their crime that they’ll often study th shooting site ahead of time t strategize their actions, sh said. “Please remember that no body snaps. This is a process Riseling said at the summit o the National Association of At

ROCK CRUSHING

Brought to you by

ServiceMaster Commercial Cleaning

Nitrates in Your Water?

We Can Help. 806953

SCHEDULE YOUR CONSULTATION TODAY! 2306 Kennedy Road, Janesville • 752-9211 culliganjanesville.com

Tickets: 3 years and up: ..........$6 $7

Children under 3 ........Fre

Ban

Sponsored By

Baer Recycling

Casey Metcalf North American Pipe Com

Hausmann | Johnso I

MIKE NEHLS EXCAVATIN SEPTIC SYSTEMS INC 806491

September 19, 2013 3:49 pm /

Menomonie, The Dunn County News 09/18/2013 Copy Reduced to %d%% from original to fit letter page THE DUNN COUNTY NEWS

OPINION

WEDNESDAY, SEPTEMBER 18, 2013 Letters to the editor: editor@dunnconnect.com

OUR VIEW

Openness applies to lawmakers, too Should Wisconsin legislators have complete immunity to lawsuits while they are in office and perhaps beyond? That’s the assertion that state Sen. Leah Vukmir, RWauwatosa, makes in a legal argument to an open-records lawsuit with support from Republican Attorney General J.B. Van Hollen. If that ridiculous assertion is legally upheld, we might as well hang a sold sign on the front door of the Capitol because we will have lost the war to special interests. A lawsuit filed by the liberal

Center for Media and Democracy contends that Vukmir has violated state openrecords law because she has not turned over records concerning her involvement with the American Legislative Exchange Council. ALEC is a conservative group that works with legislators around the country with plug-and-play legislation that can be introduced in any state. Although Wisconsin Republican leaders downplay the influence of ALEC, one needs only look at key legislative bills passed since 2011 that are

directly from the ALEC playbook, including tort reform, telecommunications deregulation, voter identification, school vouchers and others. Vukmir has been an ALEC state chairwoman whose job is to push ALEC bills, and she is the group’s national treasurer. Other legislators who have been sued by the Center for Media and Democracy have either turned over documents, admitted they violated the open-records law or continue to fight. Wisconsin’s constitution says lawmakers are not subject to

being sued during the legislative session. That’s an important protection to allow our legislators to work independently and without threats of intervention. But Vukmir — through a motion filed on her behalf by Van Hollen’s office — contends that the legislation session lasts the entire term or perhaps even beyond that. So, in other words, the public is not entitled to ever know, at any time, who has contacted their legislators, what documents they have received and who has their ear. That goes

against the very principles of transparency and open government and would open wide the door to corruption. Each year, Van Hollen holds public records and open-meetings law sessions around the state to help inform local government officials and others about the state’s laws. It’s disappointing he thinks state legislators are apparently above the laws with which everyone else must comply.

— La Crosse Tribune editorial board

Steal her heart, not her phone

YOUR VIEWS Don’t dredge; fill in Wolske’s Bay instead By CHUCK BRENNER Menomonie

I have been a resident of Menomonie since 1968 and have observed the continued downward spiral of Lake Menomin. Every year, the algae blooms earlier and the stench gets more putrid. In

Everyone has “first date” horror stories. There are boring first dates who leave you staring blankly at their freckled faces and BEN BROMLEY playing “connect Lee Newspapers the dots.” There are hammered first dates who, after pounding three margaritas at dinner, leave you to pour them back into their front door at night’s end. And then there are frightening first dates who think it’s best to let you know right off the bat that their hobbies include rigging their doorbells to electrocute solicitors. But unless you’ve seen your date end the night in police custody, you have nothing on Fakhara Sultana. I take you to England, where a first date ended in a dramatic police chase. Sultana’s date, Kishore Nimmala, was upset that she refused to go Dutch on drinks and took her phone hostage. If you can’t steal her heart, steal her BlackBerry. Nimmala, 32, spent 54 pounds on two rounds and was furious when Sultana told him she thought men should pay on a first date. The Daily Mail reports that Nimmala pestered her for money as the first date — which was arranged online — already be operating by the went sour. Middle East and North make a significant improvetime this letter sees print, not Online dating is a real crapshoot. Africa. It could throw the ment in the water quality of People tend to be less than forthcoming entire system of international at month’s end. the lake. The first bus is scheduled when writing their profiles. For example, After work this afternoon, law and order out of balance.” they leave out the part about how they’re Expressing doubt that mil- to leave the Clock Tower at get in your car and drive 6:32 a.m. weekdays. This is a prone to theft. down to Wolske’s Bay. Get out itary intervention is in the pleasant alternative to people When Sultana tried to make a call on of your car and walk out onto United States’ long-term who need medical treatment her BlackBerry, Nimmala snatched it and interest, he continues: the island and take a in Eau Claire. ran off. Sultana screamed and followed “Millions around the world panoramic view of your surRides through the medical him, alerting two passing policemen who increasingly see America not roundings. Look at the lake, van service are expensive and joined the chase and nabbed the suspect. as a model of democracy but the bay, the island. Observe difficult to schedule. There Just because you’re without your phone as relying solely on brute the water quality. See how September 2013 3:52 pm / can’t call the cops. were even reports that some 19, doesn’t mean you force, cobbling coalitions much toxic blue-green algae people were stranded at their Nimmala threw the phone away durtogether under the slogan there is.

Milton Courier 09/18/2013

8A – Milton Courier

PEOPLE’S FORUM

Copy Reduced to %d%% from original to fit letter page

September 19, 2013

VIEWPOINT

Radical idea: Lawmakers must follow the law Since when did it become OK for state lawmakers to say a law does not apply to them? This week’s shadow on open government comes courtesy of a state Senator from the Milwaukee area with an assist from the Wisconsin Attorney General’s office. The Milwaukee Journal Sentinel on Thursday reported Sen. Leah Vukmir of Wauwatosa responded to a lawsuit – which alleged her office violated the Wisconsin open records law – by claiming “legislative immunity.” Vukmir was sued in June by the liberal Center for Media and Democracy for allegations she violated the open records law by withholding records related to her work with the American Legislative Exchange Council, the Journal Sentinel reported. ALEC works with conservatives and corporate interests to create model legislation for use in state legislatures nationwide. Representatives for Attorney General J.B. Van Hollen’s office argued on Vukmir’s behalf that

she cannot be sued because of a state constitutional provision that says legislators are not “subject to any civil process, during the session of the legislature,” during the 15 days prior to the start of a legislative session or 15 days after the end of the session. They contend the Legislature remains in session through Jan. 5, 2015, even though the Senate schedule clearly shows gaps between floor sessions throughout the biennial period. Van Hollen spoke out in defense of his argument on Tuesday after being taken to task by open records advocates in the press. He stated he has sworn to uphold the Constitution and Vukmir is invoking her constitutional right. That viewpoint is understandable and appreciated, but it is troubling that it appears Van Hollen and Vukmir are stretching what constitutes a session of the Legislature. “It’s hard to believe that the legislative intent (of the constitutional provision) was to say the Legislature should never be

Our view Claiming ‘legislative immunity’ instead of releasing requested public records or defending the stance that they have already been released is simply a copout that could have grave consequences. subject to civil litigation,” Bill Lueders, president of the Wisconsin Freedom of Information Council, told the Wisconsin State Journal. Using that logic, why should any state lawmaker ever comply with the open records law? It certainly isn’t the first time a state lawmaker has tried to skirt the open records law, but this case appears to be the first time a lawmaker has claimed there’s nothing anybody can do to hold them accountable if they choose not to follow the law. Van Hollen’s office has the

authority to interpret and enforce the open records law and the office has used that authority in the past to initiate legal action against lawmakers for not following it. Van Hollen himself has been a vocal advocate for open records and open meetings, which is why this action has been startling. The intent of the open records law was to create government transparency, and the intent of the legislative immunity provision in the state Constitution was to keep legislators from being tangled up in lawsuits that would keep them from doing their jobs on the floor of the Legislature. If it’s true that Vukmir is withholding records that have been requested, then she’s not doing her job. In many cases, civil lawsuits against members of the Legislature that were filed for open records violations were settled out of court by simply doing what was asked in the first place and turning over the requested information. That was the case in 2012 when five state lawmakers were sued by

EDITORIAL CARTOON

the Center for Media and Democracy for the same reason Vukmir is being sued. They, however, settled by releasing the records and paying court costs and fees. Van Hollen said Vukmir claims to have released all public records related to the Center for Media and Democracy’s request. If that is really the case, why not go to court with the defense that all documents have been released? Instead, we’re facing the potential establishment of a legal precedent that would undermine Wisconsin’s tradition of open government. Any legislator who acts ethically in office should not fear an open records request. Legislators are elected to serve the public, and members of the public have every right to know what their representatives are doing in that capacity. Claiming “legislative immunity” instead of releasing the records or defending the stance that they have been released is simply a copout that could have grave consequences.

CHEESE GRITS

Filling buckets

STATE CAPITOL NEWSLETTER

Money issues play a big role in public arena By Matt Pommer Wisconsin Newspaper Association Money issues are bouncing around two current hot issues for state government: reform of drunken-driving laws and accountability-reporting for voucher schools. The public and some editorial pages are pushing for tougher

laws to fight drunken driving, and the politicians seem ready to get on board. But there are substantial costs for almost all of the ideas in the Legislature. Earlier this year the non-partisan Legislative Fiscal Bureau estimated that one set of ideas could cost an additional $250 million. The Department of Corrections also estimates it would

need to spend $236 million to build additional facilities to house an increase of convicted drunken drivers sent to prison. Proponents discount the idea of significant increases in state-agency costs. They contend tougher penalties will dramatically reduce the number of

See ARENA, Page 9A

Matt Pommer

“I’m going to write in my This is a powerful image, diary whenever someone one that is easy for chilfills my bucket with hope dren to visualize and begin and joy,” my daughter deto understand how their clared from the back seat. words and actions might “Fills your bucket with affect the people around hope and joy? Where did them. you hear that phrase?” It’s an image that works “My teacher.” for adults as well, and I “What does it mean?” have even found myself “It means doing someasking, “If I say this or thing to make someone do this, will I be filling a feel special. And when you bucket with hope and joy fill someor emptying someone’s one else’s bucket?” bucket, you You don’t have to be refill yours ligious, mystical, Western too.” or Eastern to benefit from “Wow, asking this bucket quesyou know, tion before you open your I really like mouth or act. You just have it.” to care to treat others as I was you would like have them talking with treat you. Michele another I wonder what governArduengo parent at ment and politics would work about be like if every politician, this philosophy of buckets, political staffer, campaign and she was familiar with donor and campaign manit too. ager would stop and ask, “Yes, my son’s summer “If I say this, write this, or program used that phrase. enact this, will I be filling We learned about it after buckets with hope and joy he told someone that he or emptying buckets of liked her shirt, and we rocks over people’s heads?” commented that it was a I wonder how businesses nice thing to say. He rewould treat the communiplied that he just wanted to ties in which they function, ‘fill her bucket’. It took us the natural environment a while to discover what he that sustains them and was talking about, but we the employees who do liked it so much we started their work if they made using it at home.” the bucket question more And we are using it at important than the bottom our house too. When my line question. I wonder daughter starts to say indeed the bottom line September 19, 2013 3:52if pm / something that might not would be filled as they be so nice or might be a fill the buckets of those bit selfish, I ask her, “Now, around them.

Viewpoint: A radical idea? Lawmakers must follow the law Posted: Wednesday, September 18, 2013 11:07 am Since when did it become OK for state lawmakers to say a law does not apply to them? This week’s shadow on open government comes courtesy of a state Senator from the Milwaukee area with an assist from the Wisconsin Attorney General’s office. The Milwaukee Journal Sentinel on Thursday reported Sen. Leah Vukmir of Wauwatosa responded to a lawsuit – which alleged her office violated the Wisconsin open records law – by claiming “legislative immunity.” Vukmir was sued in June by the liberal Center for Media and Democracy for allegations she violated the open records law by withholding records related to her work with the American Legislative Exchange Council, the Journal Sentinel reported. ALEC works with conservatives and corporate interests to create model legislation for use in state legislatures nationwide. Representatives for Attorney General J.B. Van Hollen’s office argued on Vukmir’s behalf that she cannot be sued because of a state constitutional provision that says legislators are not “subject to any civil process, during the session of the legislature,” during the 15 days prior to the start of a legislative session or 15 days after the end of the session. They contend the Legislature remains in session through Jan. 5, 2015, even though the Senate schedule clearly shows gaps between floor sessions throughout the biennial period. Van Hollen spoke out in defense of his argument on Tuesday after being taken to task by open records advocates in the press. He stated he has sworn to uphold the Constitution and Vukmir is invoking her constitutional right. That viewpoint is understandable and appreciated, but it is troubling that it appears Van Hollen and Vukmir are stretching what constitutes a session of the Legislature. “It’s hard to believe that the legislative intent (of the constitutional provision) was to say the Legislature should never be subject to civil litigation,” Bill Lueders, president of the Wisconsin Freedom of Information Council, told the Wisconsin State Journal. Using that logic, why should any state lawmaker ever comply with the open records law? It certainly isn’t the first time a state lawmaker has tried to skirt the open records law, but this case appears to be the first time a lawmaker has claimed there’s nothing anybody can do to hold them accountable if they choose not to follow the law. Van Hollen’s office has the authority to interpret and enforce the open records law and the office has used that authority in the past to initiate legal action against lawmakers for not following it. Van Hollen himself has been a vocal advocate for open records and open meetings, which is why this action has been startling. The intent of the open records law was to create government transparency, and the intent of the legislative immunity provision in the state Constitution was to keep legislators from being

tangled up in lawsuits that would keep them from doing their jobs on the floor of the Legislature. If it’s true that Vukmir is withholding records that have been requested, then she’s not doing her job. In many cases, civil lawsuits against members of the Legislature that were filed for open records violations were settled out of court by simply doing what was asked in the first place and turning over the requested information. That was the case in 2012 when five state lawmakers were sued by the Center for Media and Democracy for the same reason Vukmir is being sued. They, however, settled by releasing the records and paying court costs and fees. Van Hollen said Vukmir claims to have released all public records related to the Center for Media and Democracy’s request. If that is really the case, why not go to court with the defense that all documents have been released? Instead, we’re facing the potential establishment of a legal precedent that would undermine Wisconsin’s tradition of open government. Any legislator who acts ethically in office should not fear an open records request. Legislators are elected to serve the public, and members of the public have every right to know what their representatives are doing in that capacity. Claiming “legislative immunity” instead of releasing the records or defending the stance that they have been released is simply a copout that could have grave consequences.

Hatchery Road while making their way back to the school Tuesday during a canoe

d has arrived from outing. Part of the school’s physical education program, the annual two-week session hat the giant spider Madison, Wisconsin Statethe Journal gives students chance09/18/2013 to guide the aluminum crafts along the Yahara River, which runs e is missing, and adjacent to their school on Madison’s South Side. tolen. reating it as a oln County Sheriff aid Tuesday from Merrill. t was discovered by ent Bill Rebane, the esponsible for “The r Invasion.” 75, sent me a note ws. I’ve been h the colorful and STEVEN VERBURG counsel Brendan Fischer. mmaker since we consin Freedom sverburg@madison.com, 608-252-6118 It’s not plausible that Vukmir a decade ago. I had of Information has no documents related to the m down in Saxon, Wisconsin Attorney General Council. model legislation or other matth in Iron County, “The framers J.B. Van Hollen said Tuesday that ters discussed at the conference, 003 when “The he believes in the open records of the ConstituFischer said. r Invasion” made law, but that doesn’t mean leg- tion inserted this At the time the lawsuit was at the Wisconsin islators can be forced into court provision — com- Vukmir filed, ALEC began claiming that al in Madison. to make them comply with the mon among state its documents weren’t subject to ing the film festiconstitutions — statute. ne said. Van Hollen’s state Depart- to give temporary protection to state records laws because they y played, it sold ment of Justice filed a motion in lawmakers from civil suits while were stamped with a disclaimer en in 2005 there was Dane County Circuit Court last they are doing the people’s work,” claiming they were exempt and e Film Festival at week claiming that state Sen. Van Hollen said in a statement. because they were distributed m Theater on State Leah Vukmir, R-Wauwatosa, is “Whether the framers’ decision to through Internet file sharing sites immune from lawsuits — includ- provide this unique protection to called “drop boxes.” Vukmir has not commented, nt Spider Invaing a pending open records suit — legislators was a proper balancing ns Rebane’s best of interests is a debatable ques- and she didn’t return an email while she is in office. , and while it may But open records advocates tion. What is not debatable is my Tuesday. State Department only in the “it’ssaid Vukmir and Van Hollen are responsibility to defend its appli- of Justice spokeswoman Dana Brueck wouldn’t say whether Van good” sense, it is trying to expand the reach of a cation when it is invoked.” netheless, having Van Hollen has fallen under Hollen accepts ALEC’s claims. state constitutional provision Open records advocates money overseas that protects lawmakers from heavy criticism for his departus pirated forms. being hauled into court and ren- ment’s defense of Vukmir, a fel- insist that whether a record is on paper or in some electronic he film’s director dered unable to fulfill legislative low Republican. ter, never saw much Vukmir is being sued by a form doesn’t make it less open to duties. ey, sparking feuds The state constitution says watchdog group that claims the public, and that ALEC can’t utors and others on lawmakers aren’t subject to law- she hasn’t turned over all pub- exempt itself from the law. In July, ALEC asked the Texas s side of film maksuits “during the session of the lic records related to her official m Rebane refers, not Legislature.” The advocates say actions at a May meeting of the Attorney General’s Office to he suits.” that means just during a “floor conservative American Legisla- exempt its documents from suns originally from session” when lawmakers are tive Exchange Council, or ALEC. shine laws, Fischer said. Lueders said that Van Holng moved to The Center for Media and debating and voting. th his family as a “It’s hard to believe that the Democracy filed the suit June 5 len has been a staunch defender tched countless legislative intent (of the consti- after Vukmir provided just a few of open records laws, and he effort to improve his tutional provision) was to say the documents related to the meet- suspects that the attorney genentually deciding he Legislature should never be sub- ing, where she introduced model eral isn’t completely comfortomething on screen ject to civil litigation,” said Bill legislation that was adopted by able with the extent of Vukmir’s al to what he’d Lueders, president of the Wis- the group, said CMD general immunity claim. ing. At some point ght a farm north and began making nt films. nt Spider Invasion” n Hale Jr. (the skipROB SCHULTZ Gilligan’s Island) rschultz@madison.com, 608-252-6487 Police a Hale (the secretary investigate ason”). Rebane A man and woman were found a home on with a Madisonian, dead Tuesday afternoon at a resiHighway N with whom he had dence on Highway N in the town after two sion commercials. of Bristol, police said. people were d around some sciLaw enforcement officials found dead ideas, and Rebane would not identify the two or Tuesday in meteor crashing offer any information about the the town of Huff said maybe causes of death until after the Bristol. ld crawl out. Dane County Medical ExamAMBER piders,” Huff once iner performs autopsies on them ARNOLD — can’t stand them.” Wednesday morning, Dane State Journal ook the idea to County Sheriff’s Office spokesSeptember 19, 2013 3:51 pm / A distributor said, woman Elise Schaffer said. an you make the The bodies were discovered and expressed concern for an Unit was at the scene, but Schaf-

Attorney general defends lawmaker’s immunity claim

Two people found dead in town of Bristol

expected to be filed on According to the wa Dane County Circuit Anderson told po Prunn argued about a relationship with a son. She said that P her into a bedroom an stabbed her, then wo call for help until she say someone else had Prunn claimed th first had the steak he took away from h chased her into a b stabbed her eight or n Medical personne counted 29 knife wou ing wounds to Ande shoulders, neck, hea chest and arms. Som to be defensive woun suffered internal injur In court, Assis Defender Daryl Jens Prunn has been livi son for about 5½ unemployed. He said “minor prior crimina Prunn is a reg offender from Florida conviction of lewd ous assault of a child, Florida records. Deta crime were not availa According to Flor ment of Corrections received a 13-year pri for the sex crime a sentences each for b grand theft convicti also convicted in 200 comply with the regis Prunn was convic in Dane County of m battery and disorderly an incident at a Willia bar in January 2011 groped a woman’s bre slammed her against she told him to stop. The woman sustai rated shoulder and a c criminal complaint st The 6-foot-5 Prunn had been employed as local bars, the compla In 2010, Prunn was disorderly conduct fo incident with a form at their apartment Street. According to complaint, Prunn a self with a knife whil there to investigate. Before the stabbi Prunn already faced a ing to pay support fo who lives in Louisia ing to a letter to the co week, Prunn said he work because empl his felony convictions Prunn wrote that h mation technology

Oshkosh Northwestern 09/18/2013

Copy Reduced to %d%% from original to fit letter page Oshkosh Northwestern • www.thenorthwestern.com

LOCAL & STATE

Van Hollen: Must School shooter defend lawmaker intent, says UW in records suit By Dinesh Ramde Associated Press

By Todd Richmond Associated Press

MADISON — Wisconsin’s open records laws apply to legislators but they can claim immunity from lawsuits seeking their documents, Attorney General J.B. Van Hollen said Tuesday. Van Hollen, a Republican, has been criticized after the state Justice Department argued in court filings last week that the Wisconsin Constitution grants Sen. Leah Vukmir immunity from a Center for Media and Democracy lawsuit seeking records from an American Legislative Exchange Conference she attended. The lawsuit noted Vukmir, R-Wauwatosa, has turned over nine pages at CMD’s request but alleges she must have more in her possession. Van Hollen’s stance stunned open government advocates. The attorney general released a statement Tuesday saying legislators have a legal duty to respond to open record requests as quickly as possible. He also said Vukmir complied with CMD’s request. But the Wisconsin Constitution says lawmakers aren’t subject to civil lawsuits while the Legislature is in session and Vukmir has invoked that privilege, the attorney general said. “Whether the framers’ decision to provide this unique protection to legislators was a proper balancing of interests is a debatable question,” Van Hollen said. “What is not debatable is my responsibility to defend its application when it is invoked. An attorney general simply cannot pick and choose parts of the Constitution to disregard ...” DOJ attorneys filed a

BRIEFS

motion last week asking a judge to quash CMD’s summons based on the constitution. CMD attorneys maintain DOJ’s position guts the state’s open records laws. No one could ever sue a lawmaker since the Legislature is always in session, they argue. Recent legislative sessions have run continuously from the day lawmakers are sworn in until the next class takes the oath two years later, triggering the start of the next session. CMD attorney Brendan Fischer said Van Hollen is broadly expanding the constitutional immunity privilege. Fischer argued the privilege is meant to apply only during floor periods, which typically last for a matter of days, not the entire session. “This statement that all he’s doing is upholding the constitution, that he has no role in this, is incorrect. It’s misleading,” Fischer said in an interview. Bill Lueders, president of the Wisconsin Freedom of Information Council, wrote in an email to The Associated Press that the council disagrees that the attorney general had no choice but to defend Sen. Vukmir’s “radical position.” He reiterated the council’s stance that DOJ’s interpretation would allow lawmakers to avoid any lawsuits, including actions seeking divorce or damages for injuries they might cause. “We feel (Vukmir) should rethink her stance and mount a substantive defense to the charge that she has violated what Attorney General Van Hollen acknowledges is a bedrock principle of open government in Wisconsin,” Lueders wrote.

MILWAUKEE — School shooters almost always telegraph their violent plans ahead of time, a tendency that could help authorities prevent assaults as long as those close to the person plotting an attack come forward in time, panelists said Tuesday at a summit for the nation’s attorneys general. There’s a general perception that shooters are people who just snap after having a bad day, said Susan Riseling, police chief at the University of Wisconsin-Madison. Instead the opposite is true: These individuals are so meticulous about their crimes that they’ll often study the shooting site ahead of time to strategize their actions, she said. “Please remember that nobody snaps. This is a process,” Riseling said at the summit of the National Association of Attorneys General in downtown Milwaukee. “If you know what to look for you will see it coming. The

good news about that that if you can see it co ing you can stop it.” The focus of the su mit, which attracted att neys general from 18 U states and territories, w keeping children safe. Riseling said she st ied thousands of “If you mass shootings over what t two decyou w ades and found that comin shooters alcan se ways follow the same you ca five steps: SUSAN R They fantapolice chie size about Wisconsinthe attack, plan it, prepare for it, practice it a finally carry it out. She was even willing make a prediction ab the former Navy rese ist who killed 12 people the Washington Na Yard on Monday morn before dying in a gun b tle with police. “They’re going carve up this person’s and they’re going to f all of these indication Riseling said. “… We w find out the Navy y

New ruling in union By Todd Richmond Associated Press

MADISON — A judge added more confusion Tuesday to the question of whether his ruling invalidating Gov. Scott Walker’s collective bargaining restrictions on municipal workers applies across Wisconsin. Two unions representing Madison teachers and local government workers in Milwaukee filed a lawsuit in 2011 alleging the restrictions are unconstitutional because they capped union workers’ raises but not those of their nonunion counterparts. Dane County Circuit Judge Juan Colas ruled the restrictions are unconstitutional as they pertain to members of those two unions. September 19, 2013 3:54 pm / It’s unclear whether the ruling applies to muni-

The state Supre Court agreed to take case in June. The unions’ attorn contend Walker’s adm stration is still mov forward to implement restrictions against ot unions not involved in lawsuit. They asked Colas April to issue an inju tion making clear t work must stop. On Tuesday, Colas sued a three-page de sion saying the Walker ministration cannot force the restricti against anyone. But he refused to is the injunction, saying Madison and Milwau unions haven’t b harmed because the strictions haven’t b enforced against them “For that reas though the defendants bound by the court’s ju ment, even with respec

rs can ATL page. Platteville Journal 09/18/2013 ited, liscial media ort that

apply en, which ilemma e should out factking news s were rer, the John eported to

about would t reporthe time. of the e the

l call at makes ver, it’s ce, instead Steiner, hing as parade all votes y.) es. I’m School member ast, the ing voice roll calls ’t be

of why giance … hool, never classes ect to get hat’s the l, the end my-dayted from e the

News4U.

wide start

eek of use of the ything beol earlier, g. ue to heat school motes ald, son Dilly Bar

ve done e never ed college ay,” by hen we mater, h host-

MADISON JOURNAL

Open Meetings Law applies to all

by Bill Lueders

President Wisconsin Freedom of Information Council

he Wisconsin Freedom of Information Council is shocked and saddened that a member of the state Legislature is, with the help of the state Attorney General’s Office, effectively claiming immunity from the state’s Open Records Law.

As reported by the Milwaukee Journal Sentinel, state Sen. Leah Vukmir (R–Wauwatosa) is advancing a legal argument that “would let all lawmakers ignore the Open Records Law.” The senator claims she cannot be sued while the Legislature is in session and that the session extends for a legislator’s entire term. Our state’s openness laws are fundamental to its ability to function as a democracy. Members of the Legislature, which passed these laws, ought to respect that. We call upon Sen. Vulmir to reconsider her position in light of the damage it could cause to the state. So far as we can recall, no lawmaker has ever before tried to defeat the state’s open records law by employing this ruse. We are deeply disappointed in both Sen. Vukmir and the Attorney General’s Office, for the position it has taken, in its Sept. 11 court filing. The state Attorney General’s Office has statutory authority for interpreting and enforcing the state’s openness laws. In the past, the office has initiated legal action against members of the Legislature.

In fact, lawmakers have been sued for violating the Open Records Law on a number of occasions. They sometimes lost, sometimes settled, and sometimes won. But in no prior instance did they claim to be above the law. Wisconsin’s traditions of open government, including the ability to litigate cases of alleged noncompliance, have served the state well. That is not a tradition with which we should dispense. Prior cases of Open Records lawsuits against state of Wisconsin lawmakers: Wisconsin State Journal v. Wisconsin Joint Committee on Legislative Organization, Sen. Alan Lasse, Sen. Mary Panzer, Rep. John Gard, Dane County Case Number 2003CV003343. Brought by news media to obtain an investigative report into operations of the Joint Committee on Legislative organization. The report was released. • State of Wisconsin v. David A Zien and Scott Gunderson, Dane County Case Number 2005CV002896. Brought by state Attorney General Peg Lautenschlager, alleging that the lawmakers were violating the law in not providing access to draft bills being shared with others. The case was dismissed by an appellate court because Lautenschlager was no longer in office. • Wisconsin State v. Jeffrey Stone, Milwaukee County Case Number 2006CX000003. Brought by the Attorney General’s Office under Peg Lautenschlager. The case was ultimately dismissed when Lautenschlager’s successor, J.B. Van Hollen, decided not to pursue it. • Democratic Party of Wisconsin v. State Sen. Dan Kapanke, Dane County

Case Number 2009CV003928. This case settled when Sen. Kapanke produced the disputed records; he later promised to reimburse taxpayers for attorneys fees. • Lakeland Times v. Mark Miller, Dane County Case Number 2010CV002011. Minocqua-based newspaper sued state Sen. Mark Miller, for not providing records in response to a request. The case was settled with Miller agreeing to pay fees and costs. • One Wisconsin Now v. Alberta Darling, Dane County Case Number 2011CV003529. Liberal advocacy group sued state Sen. Darling over her failure to release records. Case is settled out of court, with Darling agreeing to release the records and pay the group’s legal fees. • Center for Media & Democracy v. five state lawmakers, Dane County Case Number 2012CV003922. The same group now trying to sue Sen. Vukmir sued five state representatives (Jeremy Thiesfeldt, Pat Strachota, Tyler August, Dan Knodl and Tom Larsen) for not providing records on request. The lawmakers settled, agreeing to release the records and pay costs and fees. • John K. Maciver Institute v. Jon Erpenbach, Grant County Case Number 2012CV000063. A conservative public policy group sued state Sen. Erpenbach, alleging he violated the open records law in redacting identifying information from requested records. A circuit court judge ruled in Erpenbach’s favor but the case is on appeal.

LETTERS

The Platteville Journal, P.O. Box 266, Platteville, WI 53813-0266 • journaleditor@centurytel.net

Support public schools

As the new school year begins, the Platteville Area Retired Educators’ Association, serving Grant County and the Darlington area, commends the educators who serve our schools. We also commend the parents and other community members who support our schools. Our communities recognize that our schools are the heart and soul of our way of life. The pre-K–12 schools, Southwest Wisconsin Technical College, and UW–Platteville are “big business” and servants of our communities. We urge readers to join with us in advocating for high-quality and effective public education. Writing your local

Those who have questions regarding the spending of taxpayer funds are not permitted to speak. Minutes — read to the board but not the residents — may raise questions that are ignored. The town clerk’s monthly financial report is also scanned by board members during whispered conversations among themselves and out of earshot of residents in the audience. Sometimes threats and intimidation are meted out. Chairman Micah Bahr threatened to sue writers of letters to the editor, including me. And at the Aug. 12 meeting, the chairman informed someone he would not allow her to speak at future meetings. What kind of government can long

‘Cowardly crime(s)’

Secretary of State John Kerry probably does not want to remember history, when he speaks about the atrocity in Syria and calling it a “cowardly crime.” Was it not our government that gassed the children at Waco, and shot in the back a child at Ruby Ridge? These parents were not out destroying property or shooting people, as the protesters were doing in Egypt, Libya and now Syria. They were in their own homes. But our government went in with tanks and gassed those children, just because they could. And “we the people” did not hold September 19, 2013 3:55 pm / anyone accountable. The man we now have in our White

children to pass away. She dren. Services will be held married Louis Toth of Oak at a later date in Sturgeon Park IL, Journal in 1947 and they Bay, WI. Stevens Point 09/18/2013 made their home for many

Development Committee, 5:30 p.m., Plover Municipal Center, 2400 Post Road. Village of Plover Board, 6 p.m., Plover

Portage County Solid Waste Management Board, 4:30 p.m., Materials Recovery Facility, 600 Moore Road Plover.

AG: Lawmaker in records suit must be defended By Todd Richmond Associated Press

The lawsuit noted Vukmir, R-Wauwatosa, has turned over nine pages at CMD’s request but alleges she must have more in her possession. Van Hollen’s stance stunned open government advocates. The attorney general released a statement Tuesday saying legislators have a legal duty to respond to open record requests as quickly as possible. He also said Vukmir complied with CMD’s request. But the Wisconsin Constitution says lawmakers aren’t subject to civil lawsuits while the Legislature is in session and Vukmir has invoked that privilege, the attorney general said.

“Whether the framers’ decision to provide this unique protection to legislators was a proper balancing of interests is a debatable question,” Van Hollen said.“Whatisnotdebatable is my responsibility to defend its application when it is invoked. An attorney general simply cannot pick and choose parts of the Constitution to disregard ...” DOJ attorneys filed a motion last week asking a judge to quash CMD’s summonsbasedontheconstitution. CMD attorneys maintain DOJ’s position guts the state’s open records laws. No one could ever sue a lawmaker since the Legis-

lature is always in session, they argue. Recent legislative sessions have run continuously from the day lawmakers are sworn in until thenextclasstakestheoath two years later, triggering thestartofthenextsession. CMD attorney Brendan Fischer said Van Hollen is broadly expanding the constitutional immunity privilege. Fischer argued the privilege is meant to apply only during floor periods, which typically last for a matter of days, not the entire session. “This statement that all he’s doing is upholding the constitution, that he has no role in this, is incorrect. It’s misleading,” Fischer said in an interview.

Wis. Senate passes bill creating crossbow season By Scott Bauer Associated Press

MADISON — The Wisconsin Senate passed a bill Tuesday that would create a new open crossbow season torunconcurrentlywiththe archery deer season. The measure now heads backtotheAssembly,which passed a nearly identical bill unanimously in June. Currently, crossbow hunting is allowed only for those over age 65 and those with physical disabilities. Thebillwouldallowhunters

ofalllegalagesandphysical abilities to use crossbows to hunt deer and other smaller animals including rabbits and coyotes. The crossbow season would be the same as the archery deer season, which runs from mid-September until the end of November or beginning of December, depending on the year. After two years, the Department of Natural Resources could change the dates of the season. Supporters of the measure said it would expand

opportunities and interest in hunting, provide an economic boost to the hunting industry and remove hurdles disabled people face in trying to get a required physical examination. Creating the new crossbow season ran into some opposition from traditional bow-and-arrow hunters who worried that allowing a crossbow, which operates more like a rifle with the hunter pulling a trigger to release the arrow, would taint archery hunting. Democratic Sen. Mark

Miller, of Madison, cast the only vote against the bill. As a traditional bow hunter, he said he would have preferred that at least a portion of that season remain with no crossbows allowed. “A crossbow is different from a regular bow,” Miller said. “It’s more like a shotgun.” AlsoonTuesday,theSenate passed a bill that would prohibit local governments from restricting bow and crossbow hunting except within 100 yards of a building on government land.

September 19, 2013 3:55 pm /

or call Peter 715-845-065

Address: 1200 T Stevens Point, W Main Phone: 715

Hours: Monday-Friday 8

FULL

Digital Access O Including Mon.-S Including Sat. & Including Wed. & Rates that includ available. The Thanksgivin print edition delive which will be reflec tion delivery are als 1, 2013, Feb. 18, M

Monday-Friday: Saturday: $1.50

EZ Pay is a conve switch a subscripti spointjournal.com/

CLA

All classified ads from our Advertisin Point Journal reserv Errors must be repo liable for any loss o ment. No refunds f

If you miss delive calling 1-877-424-

Each Full Access let, mobile and the

Send address chan 54481. The Steven Point Journal, a div Stevens Point, WI. T Audit Bureau of C scription rate durin mail to the subscrib rate changes may b

Fax: Classified ads: Display ads:

Fax News Weddings & Engag Obituaries Sports Open Letters Business Photography

General Manager/E Local Content Edit Cir. Operations Ma Advertising Manag

he rulpublic ust in e. The eed to

ontend is still ement other e lawn April making

sued a ng the cannot gainst o issue Madunions ecause been

gh the by the with oward not isction,”

Madns’ at-

every d emtate of

swoment of ng the er adaid in y was cision.

Hot dog on a Harley

four issues last year at a cost of $300 to $500 per edition. North High journalism teacher Jamie Nusbaum said she’ll miss the printed version and how students would read and talk about it.

Watertown Daily Times 09/18/2013 Copy Reduced to %d%% from original to fit letter page The racing sausages race on Harley Davidson motorcycles before a baseball game between the Milwaukee Brewers and the Chicago Cubs on Tuesday in Milwaukee.

Van Hollen says lawmaker can’t be sued for records MADISON (AP) — Wisconsin’s open records laws apply to legislators but they can claim immunity from lawsuits seeking their documents, Attorney General J.B. Van Hollen said Tuesday. Van Hollen, a Republican, has been criticized after the state Justice Department argued in court filings last week that the Wisconsin Constitution grants Sen. Leah Vukmir immunity from a Center for Media and Democracy lawsuit seeking records from an American Legislative Exchange Conference she attended. The lawsuit noted Vukmir, R-Wauwatosa, has turned over nine pages at CMD’s request but alleges she must have more in her possession. Van Hollen’s stance stunned open government advocates. The attorney general released a statement Tuesday saying legislators have a legal duty to respond to open record requests as quickly as possible. He also said Vukmir complied with CMD’s request.

But the Wisconsin Constitution says lawmakers aren’t subject to civil lawsuits while the Legislature is in session and Vukmir has invoked that privilege, the attorney general said. “Whether the framers’ decision to provide this unique protection to legislators was a proper balancing of interests is a debatable question,” Van Hollen said. “What is not debatable is my responsibility to defend its application when it is invoked. An attorney general simply cannot pick and choose parts of the Constitution to disregard ....” DOJ attorneys filed a motion last week asking a judge to quash CMD’s summons based on the constitution. CMD attorneys maintain DOJ’s position guts the state’s open records laws. No one

could ever sue a lawmaker since the Legislature is always in session, they argue. Recent legislative sessions have run continuously from the day lawmakers are sworn in until the next class takes the oath two years later, triggering the start of the next session. CMD attorney Brendan Fischer said Van Hollen is broadly expanding the constitutional immunity privilege. Fischer argued the privilege is meant to apply only during floor periods, which typically last for a matter of days, not the entire session. “This statement that all he’s doing is upholding the constitution, that he has no role in this, is incorrect. It’s misleading,” Fischer said in an interview. Bill Lueders, president of the Wisconsin Freedom of In-

Concealed Carry Permit Classes

608-515-3607 WI/Utah/FL/AZ Permits Good in Over 35 States!

Only One Class Required WI and Utah Sep. 26th Oct. 10th Milford Hills Hunt Club $80 Certificates W5670 French Road, Johnson Creek 5pm-9pm 5pm-9pm State fees not included Call or Register Online at www.BadgerStateFirearms.com

formation Council, wrote in an email to The Associated Press that the council disagrees that the attorney general had no choice but to defend Sen. Vukmir’s “radical position.” He reiterated the council’s stance that DOJ’s interpretation would allow lawmakers to avoid any lawsuits, including actions seeking divorce or

damages for injuries they might cause. “We feel (Vukmir) should rethink her stance and mount a substantive defense to the charge that she has violated what Attorney General Van Hollen acknowledges is a bedrock principle of open government in Wisconsin,” Lueders wrote.

195

In store only. Phone orders accepted Watertown location only.

Store Hours: Sunday 12-5, Weekdays 9-8, Saturday 9-5. Hours may vary by market call for details. 126 Stores and Growing!

NOW OPEN! Watertown! (3 Blocks South of WalMart)

Also visit us in Beaver Dam 1645 N. Spring St. • 920-885-4244

ep my promises.”

INTERESTED IN WHAT’S NEW AT MARQUARDT VILLAGE?

lthy and fit as possible, for as long as possible,

We’re excited to report that work has

e Ron made to himself and his family long ago.

begun on a Master Plan of Expansion and Redevelopment of our 50-acre

of why he and his wife, Sally, live at Marquardt

campus in Watertown. If you’re

ndependent living focus promoting wellness of

interested in staying up-to-date on the

nd body makes it easier than ever to keep his

plan’s progress, we invite you to join

starters, he points to professional help with a

our Priority Membership Program. There’s no cost or obligation and

exercise program, healthy dining choices,

Priority Members are the first to know

ortunities, and residents and staff

details as they become available.

e about each other.

Among the many changes that will transform our retirement living campus for the future:

ou to come see the difference

illage can make in your life.

6-4663 to schedule a private

st more information.

• New independent living residences RON GREVE, Marquardt Village Resident

Walmart

1940 Market Way • 920-261-3000

• Renovated existing residences • Many more amenities and services • Progressive new care centers September 19, 2013 3:56 pm /

Call (920) 206-4663 about

Slumberland

Wausau Daily Herald 09/18/2013

WWW.WAUSAUDAILYHERALD.COM

LOCAL & WISCONSIN

AG: Lawmaker in records suit must be defended By Todd Richmond Associated Press

aren’t subject to civil lawsuits while the Legislature is in session and Vukmir has invoked that privilege, the attorney general said. “Whether the framers’ decision to provide this unique protection to legislators was a proper balancing of interests is a debatable question,” Van Hollen said. “What is not debatable is my responsibility to defend its application when it is invoked. An attorney general simply cannot pick and choose parts of the Constitution to disregard ...” DOJ attorneys filed a motion last week asking a judge to quash CMD’s summons based on the constitution. CMD attorneys maintain DOJ’s position guts the state’s open records laws. No one could ever sue a lawmaker since the Legislature is always in session, they argue. Recent legislative sessions have run continuously from the day lawmakers are sworn in until the next class takes the oath two years later, triggering the start of the next session. CMD attorney Brendan Fischer said Van Hollen is broadly expanding the constitutional immu-

BUILDI

nity privilege. Fischer argued the privilege is meant to apply only during floor periods, which typically last for a matter of days, not the entire session. “This statement that all he’s doing is upholding the constitution, that he has no role in this, is incorrect. It’s misleading,” Fischer said in an interview. Bill Lueders, president of the Wisconsin Freedom of Information Council, wrote in an email to The Associated Press that the council disagrees that the attorney general had no choice but to defend Sen. Vukmir’s “radical position.” He reiterated the council’s stance that DOJ’s interpretation would allow lawmakers to avoid any lawsuits, including actions seeking divorce or damages for injuries they might cause. “We feel (Vukmir) should rethink her stance and mount a substantive defense to the charge that she has violated what Attorney General Van Hollen acknowledges is a bedrock principle of open government in Wisconsin,” Lueders wrote.

A place of your ow purchasing a home help of the loan te attractive low rate locally based bank

Wis. Senate passes bill creating crossbow season Associated Press

MADISON — The Wisconsin Senate passed a bill Tuesday that would create a new open crossbow season to run concurrently with the archery deer season. The measure now heads back to the Assem-

ning of December, depending on the year. After two years, the Department of Natural Resources could change the dates of the season. Supporters of the measure said it would expand opportunities and interest in hunting, provide an economic boost to the hunting in-

the bill. As a traditional bow hunter, he said he would have preferred that at least a portion of that season remain with no crossbows allowed. “A crossbow is different from a regular bow,” Miller said. “It’s more like aSeptember shotgun.”19, 2013 3:58 pm / Also on Tuesday, the Senate passed a bill that byBank

By Scott Bauer

Whether you’re loo to move your grow 0)- 30-*#.#% 40.2

Talk with an AbbyB mortgage loan offic today to see how w make home-buying

www.abbyba ABBOTSFORD 401 E. Spruce St. (715) 223-2345

Wausau Daily Herald 09/18/2013

went to a party that someone’s older brother was throwing. I remember the Copy Reduced to %d%% from original to fit letter page party, sure — it was dark and scuzzy and I did not feel at home — but I think most about the ride home, through cornfield-lined rural roads. We were in the backseat of the older brother’s car, and the teenagers in the front seat both were drinking beer and throwing their cans out the window into the hen Leah Vukmir does it, that means it is not ditch. illegal. With apologies to Richard Nixon, Even then, realizing I that is the logic being used by some state was in a car with a drunofficials as they seek to avoid complying ken driver felt like I with legally required open records law. crossing some kind of Vukmir, the Republican state senator from Wauwatothreshold that separated sa, has responded to an open records request with the exciting transgressions extraordinary claim that she is immune from a lawsuit from actual, serious trouwhile the Legislature is in session — and that “in session” ble. I don’t know if this is defined as equivalent to her entire term in office. makes me seem naïve, but at 14 it was something toTo understand how extreme a claim this is, think of tally outside of my experiwhat this interpretation of the law would mean. You are a ence, almost unimaginable. concerned citizen, an investigative reporter, a member It was like being inside an of an activist group. You file a legal request for records after-school special about that the law requires to be open. The elected official the good kid who allows says, nope, you can’t have it. himself to be carried along And you are left with no options. None at all. The recby the bad kids, to tragic ords are not open to public view, simply because the ends. I think I even said elected official has declared that to be the case. something to them about In a statement rehow they weren’t being safe. But what could I do? leased Tuesday, state Not much. Attorney General J.B.

Legislators are not above records law

Subject: Open government Officials cannot be made exempt from records lawsuits.

Van Hollen defended Vukmir’s position — and his own office’s support of it — by noting that “Vukmir’s position is that she has fully complied with the public records law.” But it should be obvious that a system that makes an elected official herself the only arbiter of whether she is in compliance is not in the spirit of open records law. They’re the people the law gives us the power to check on! That’s why Wisconsin’s tradition has been to have robust protections for the public, and it’s why Van Hollen until recently has consistently argued that records custodians need to err on the side of openness. What is new here is Vukmir’s definition of “in session.” We are willing to agree that lawmakers should not be subject to civil suits that take them off the Capitol floor during budget negotiations or key votes. “In session” means — yes, it is this obvious, or should be — the time when the Legislature is actually in session. But it’s no good to keep the records shielded from the public for the official’s entire term in office. Often what the records contain is exactly what voters need to know before deciding whether the official deserves re-election. It is a bit like allowing your child to bar you from checking to see whether he’d cleaned his room until after he had already turned 18 and moved out. Van Hollen should know better. He has made access to open records one of his major issues. He regularly conducts open records training for public officials. In an op-ed column for Sunshine Week in March of this year, he wrote that public records and open meetings “provide broad access to information about how our state and local governments operate. The resulting public oversight forms an important foundation of our participatory democracy.” In 2010, he issued a statewide memo after the state Supreme Court found that the content of teachers’ personal emails were not subject to open records requests instructing records custodians to err on the side of openness. “Individuals who are concerned about misuse of public resources,” Van Hollen wrote then, “should not be deterred from making public records requests that might reveal the misuse.” We couldn’t have said it better ourselves. Van Hollen had it right in 2010, and should reconsider his 2013 view that when it comes to open records, legislators should get to decide for themselves what’s required.

SHARE YOUR THOUGHTS

LETTERS

Use your voice to make positive change EDITOR: The newest elements of the health care law may not directly affect you, but government efforts to thwart its implementation does really have a negative effect on all those looking for ways to afford health care for their families. We are very encouraged by the efforts of Citizen Action of Wisconsin to tell

Dudley helped local Boy Scouts EDITOR: Dick Dudley was a Boy Scout. He was ranked a Star Scout. In 1967, when the Wausau entrepreneur who died last month at 89 was an adult Scouter, he was appointed as finance chairman for the Samoset Council. In this capacity, Dudley developed and sold the sustaining

September 19, 2013 3:58 pm /

We welcome thoughtful and original letters to the editor written by our readers. We strongly prefer email submissions.

blurred, his speec tally altered. “I was out with friends,” he says. were all drinking heavily, just hopp bar to bar, just tr have a good time control. ... That p night, I made a m and got in my tru pletely blacked o decided to drive h “I ended up go wrong way down way, directly into ing traffic, and I car. I killed a man Moments later, tal alterations are moved. The man, reveals himself in video, says he wil guilty to the crim begs those watch drink and drive. Cordle has bee with aggravated v homicide and has a bit of a media s The power of his undeniable. The w spread impulse to his motives, I thin pretty undeniable Any confession sarily about the c his feelings, his i

the truth about the ple power is still th productive tool we outstrips and outcl money and the Rep agenda. All of us n in this political deb insure that all Ame citizens are treate equality, dignity an It’s about having voice in the mix. T only way we can k one voting; preserv en’s rights; keep af health care; create income jobs; elect Congress who will

membership enrol finance program t council financing. annual gifts. In 19 council budget had balanced for three years with him as In 1973, Dudley the visit of Miss A the council’s annu ing, which was hel su Insurance Com There were 540 in dance. In 1977, Dudley awarded the Scout

rate lawsuit this year. Earlier this month, a federal judge in Madison ruled the law was valid in yet another suit. The Wisconsin Law Enforcement Association also has challenged the law. That suit is still pending in Dane County court.

ol and district in the report cards sed Tuesday. The highest, “significantly eds expectations,” 86 schools and Monroehad Times 09/18/2013 districts, followed by “exceeds expecta,” which had 693 schools and 133 dis. The third highest rating, “meets expecns,” had 904 schools and 270 districts. ere were 169 schools and 10 districts in meets few expectations” category, while Milwaukee district and 58 individual ols were in the “fails to meet expecta.” lwaukee schools issued a statement, g the low rating reflects ongoing chales in improving academic achievement. district also said areas such as student dance have improved, but aren’t reflectn the report cards, which are based on from the 2012 academic year. ere were 201 schools and the Norris ol District that were too small and did ave enough data to be ranked.

Wis. AG: Must defend lawmaker in records suit MADISON (AP) — Wisconsin’s open records laws apply to legislators but they can claim immunity from lawsuits seeking their documents, Attorney General J.B. Van Hollen said Tuesday. Van Hollen, a Republican, has been criticized after the state Justice Department argued in court filings last week that the Wisconsin Constitution grants Sen. Leah Vukmir immunity from a Center for Media and Democracy lawsuit seeking records from an American Legislative Exchange Conference she attended. The lawsuit noted Vukmir, R-Wauwatosa, has turned over nine pages at CMD’s request but alleges she must have more in her possession. Van Hollen’s stance stunned open government advocates. The attorney general released a statement Tuesday saying legislators have a legal duty to respond to open record requests as quickly as possible. He also said Vukmir complied with CMD’s request. But the Wisconsin Constitution says lawmakers aren’t subject to civil lawsuits while the Legislature is in session and Vukmir has invoked that privilege, the attorney general said.

on law charges

MT197564

hasing a faulty vehicle to three years. he bill is backed by the state’s largest ness lobbying group as well as a coaliof vehicle manufacturers and dealers. he Assembly passed it on a bipartisan vote in June. The Senate passed it 32-1, Democratic Sen. Jon Erpenbach voting

day, October 5

orming Arts Center - 7:30 pm

ts of Motown - backed by live band!

$35, $25, $20, $15

Students: $10 (18 & under)

8-325-5700 OR 888-596-1249

nline at www.monroeartscenter.com

Media Underwriters:

Monroe Publishing, LLC

& Big Radio

MT205836

September 19, 2013 3:53 pm /

Madison Journal: The Open Meetings Law applies to all by Bill Lueders President, Wisconsin Freedom of Information Council September 18, 2013 The Wisconsin Freedom of Information Council is shocked and saddened that a member of the state Legislature is, with the help of the state Attorney General’s Office, effectively claiming immunity from the state’s Open Records Law. As reported by the Milwaukee Journal Sentinel, state Sen. Leah Vukmir (R– Wauwatosa) is advancing a legal argument that “would let all lawmakers ignore the Open Records Law.” The senator claims she cannot be sued while the Legislature is in session and that the session extends for a legislator’s entire term. Our state’s openness laws are fundamental to its ability to function as a democracy. Members of the Legislature, which passed these laws, ought to respect that. We call upon Sen. Vulmir to reconsider her position in light of the damage it could cause to the state. So far as we can recall, no lawmaker has ever before tried to defeat the state’s open records law by employing this ruse. We are deeply disappointed in both Sen. Vukmir and the Attorney General’s Office, for the position it has taken, in its Sept. 11 court filing. The state Attorney General’s Office has statutory authority for interpreting and enforcing the state’s openness laws. In the past, the office has initiated legal action against members of the Legislature. In fact, lawmakers have been sued for violating the Open Records Law on a number of occasions. They sometimes lost, sometimes settled, and sometimes won. But in no prior instance did they claim to be above the law. Wisconsin’s traditions of open government, including the ability to litigate cases of alleged noncompliance, have served the state well. That is not a tradition with which we should dispense. Prior cases of Open Records lawsuits against state of Wisconsin lawmakers: • Wisconsin State Journal v. Wisconsin Joint Committee on Legislative Organization, Sen. Alan Lasse, Sen. Mary Panzer, Rep. John Gard, Dane County Case Number 2003CV003343. Brought by news media to obtain an investigative report into operations of the Joint Committee on Legislative organization. The report was released.

• State of Wisconsin v. David A Zien and Scott Gunderson, Dane County Case Number 2005CV002896. Brought by state Attorney General Peg Lautenschlager, alleging that the lawmakers were violating the law in not providing access to draft bills being shared with others. The case was dismissed by an appellate court because Lautenschlager was no longer in office. • Wisconsin State v. Jeffrey Stone, Milwaukee County Case Number 2006CX000003. Brought by the Attorney General’s Office under Peg Lautenschlager. The case was ultimately dismissed when Lautenschlager’s successor, J.B. Van Hollen, decided not to pursue it. • Democratic Party of Wisconsin v. State Sen. Dan Kapanke, Dane County Case Number 2009CV003928. This case settled when Sen. Kapanke produced the disputed records; he later promised to reimburse taxpayers for attorneys fees. • Lakeland Times v. Mark Miller, Dane County Case Number 2010CV002011. Minocqua-based newspaper sued state Sen. Mark Miller, for not providing records in response to a request. The case was settled with Miller agreeing to pay fees and costs. • One Wisconsin Now v. Alberta Darling, Dane County Case Number 2011CV003529. Liberal advocacy group sued state Sen. Darling over her failure to release records. Case is settled out of court, with Darling agreeing to release the records and pay the group’s legal fees. • Center for Media & Democracy v. five state lawmakers, Dane County Case Number 2012CV003922. The same group now trying to sue Sen. Vukmir sued five state representatives (Jeremy Thiesfeldt, Pat Strachota, Tyler August, Dan Knodl and Tom Larsen) for not providing records on request. The lawmakers settled, agreeing to release the records and pay costs and fees. • John K. Maciver Institute v. Jon Erpenbach, Grant County Case Number 2012CV000063. A conservative public policy group sued state Sen. Erpenbach, alleging he violated the open records law in redacting identifying information from requested records. A circuit court judge ruled in Erpenbach’s favor but the case is on appeal.

ELIZABETH BRENNER, Publisher MARTIN KAISER, Editor

Milwaukee, Journal Sentinel 09/17/2013

DAVID D. HAYNES, Editorial Page Editor

ERNST-ULRICH FRANZEN, Associate Editorial Page Editor

TODAY’S TOPICS: OPEN GOVERNMENT, D.C. SHOOTING

Legislators are not above state’s open records law “W isconsin’s open government laws promote democracy by ensuring that all state, regional and local governments conduct their business with transparency. Wisconsin citizens have a right to know how their government is spending their tax dollars and exercising the powers granted by the people.” That’s from the Open Government page of the state Department of Justice’s website. Yet Attorney General J.B. Van Hollen, the head of that department, is turning his back on virtually every word in that statement in his argument on behalf of fellow Republican state Sen. Leah Vukmir that state legislators can’t be sued to provide records while they’re in office. Van Hollen’s and Vukmir’s argument flies in the face of the intent of the open records and open meeting’s laws and in the previous practice of obtaining open records. It flies in the face of every principle of open government and transparency. If Van Hollen’s argument prevails, legislators will be able to ignore the open records law at will and make open government an option rather than a requirement. In the case in question, the liberal Center for Media and Democracy sued Vukmir (R-Wauwatosa) in June, contending she had violated the open records law by not turning over records related to her involvement with the American Legislative Exchange Council, Journal Sentinel reporters Patrick Marley and Jason Stein reported last week. ALEC works with corporations and conservatives to write model legislation that can be introduced in state legislatures throughout the country. On Wednesday, Van Hollen filed a motion on Vukmir’s behalf, claiming she is immune from lawsuit while she remains in office. No other legislator who has faced such a case in recent years has argued that he or she is above the law. Those legislators have fought such cases or settled them. No

OUR VIEWS

one has said that the law doesn’t apply to legislators. Legislators do have a limited immunity from lawsuits while the Legislature is in session, which has been reasonably interpreted in the past to mean while the Legislature is actually meeting, not while it is technically in session but legislators are at home watching Packers games. And Van Hollen seemed to agree with that interpretation in the past, as have other attorneys general. As Marley reported in a separate article, when the conservative MacIver Institute sued Democratic Sen. Jon Erpenbach for emails related to the 2011 fight over collective bargaining, the attorney general declined to defend Erpenbach. A DOJ spokeswoman says the cases are different, but aside from one involving a Republican and one a Democrat, we fail to see how exactly. This shouldn’t be a partisan issue. In fact, Rick Esenberg, the conservative attorney MacIver hired to sue Erpenbach, told Marley that Van Hollen’s latest interpretation of the law “would seem to extend the scope of the exemption provision well beyond its original meaning.” Vukmir’s stance doesn’t necessarily surprise; the conservative ideologue doesn’t have a reputation as a champion for open government. But Van Hollen does; he has generally been very good in advocating for transparency and making sure governments abide by the law. He even won the Political Openness Advocate of the Year Award from the Wisconsin Freedom of Information Council for “ongoing commitment” and “vigorous affirmations” of public records law, a fact he has touted. But in a news release on Friday, the council said it was “shocked and saddened” by the stance taken by Vukmir and Van Hollen. Every citizen of Wisconsin should join with the council in that reaction and demand that Van Hollen pull out of his support for Vukmir’s attack on transparency and return to his role as a defender of open government.

Madness in Washington, D.C.

nother gunman; another mass shooting; 13 more people dead. This time, it was in Washington, D.C., at the Navy Yard. A dozen or more are wounded. It’s not possible to explain such madness in a rational way because it’s never

SEEN & HEARD ON T Live chat Tuesday

Talk with columnist James E and important national debate over guns. Causey and Tim Baack, an An official told The Washington Post that advocate for the homeless in three weapons were found on the gunMilwaukee, at 1:30 p.m. at man: an AR-15 assault rifle, a shotgun and JSOnline. a semiautomatic pistol. September 19, 2013 4:00 pm / President Barack Obama called it a Quotable “cowardly act,” and it certainly was that.

 Stephen J. Rundio III, Reader Member Opinions expressed here are not necessarily those of the editorial board or this paper. Opinions expressed by the Baraboo News Republic 09/16/2013 editorial board will be labeled a News Republic Editorial.

Openness applies to lawmakers, too The following editorial was published Sunday in the La Crosse Tribune, a Lee Enterprises paper. Lee Enterprises is the parent company of Capital Newspapers, which owns this newspaper. hould Wisconsin legislators have complete immunity to lawsuits while they are in office and perhaps beyond? That’s the assertion that State Sen. Leah Vukmir, R-Wauwatosa, makes in a legal argument to an openrecords lawsuit with support from Republican Attorney General J.B. Van Hollen. If that ridiculous assertion is legally upheld, we might as well hang a sold sign on the front door of the Capitol because we will have lost the war to special interests. A lawsuit filed by the liberal Center for Media and Democracy contends that Vukmir has violated state open-records law because she has not turned over records concerning her involvement with the American Legislative Exchange Council. ALEC is a conservative group that works with legislators around the country with plug-and-play legislation that can be introduced in any state. Although Wisconsin Republican leaders downplay the influence of ALEC, one needs only look at key legislative bills passed since 2011 that are directly from the ALEC playbook, including tort reform, telecommunications deregulation, voter identification, school vouchers and others. Vukmir has been an ALEC state chairwoman whose job is to push ALEC bills, and she is the group’s national treasurer. Other legislators who have been sued by the Center for Media and Democracy have either turned over documents, admitted they violated the open-records law or continue to fight. Wisconsin’s constitution says lawmakers are not subject to being sued during the legislative session. That’s an important protection to allow our legislators to work independently and without threats of intervention. But Vukmir — through a motion filed on her behalf by Van Hollen’s office — contends that the legislation session lasts the entire term or perhaps even beyond that. So, in other words, the public is not entitled to ever know, at any time, who has contacted their legislators, what documents they have received and who has their ear. That goes against the very principles of transparency and open government and would open wide the door to corruption. Each year, Van Hollen holds public records and openmeetings law sessions around the state to help inform local government officials and others about the state’s laws. It’s disappointing he thinks state legislators are apparently above the laws with which everyone else must comply.

The Columbia County

n his masterful portrayal of John F. Kennedy, Ted Sorensen, special counsel to the president, revealed JFK’s occasional frustration with the job of president. One evening, while changing clothes to get ready for a televised address to the nation on the Cuban missile crisis, following a contentious meeting with leaders of Congress, Kennedy turned to Sorensen in disgust and said: “If they want this --- — job, they can have it.” You can’t help but imagine that Barack Obama feels the same way today about Syria. For the last two years, on every front, he’s been “damned if he does, and damned if he doesn’t.” We should supply arms to the rebels; no, if we do so, we’re only helping al-Qaida. We should mount a no-fly zone over rebel-held territory; no, because that’s an act of war and we don’t want to get involved in another war in the Middle East. We should have bombed Syria the first time they used item from the agenda. A chemical weapons; no, voice vote, questionably September 19, 2013 4:00 pm / the president can’t use indistinguishable, ended military force without fulfillment of the board’s

Mailbag County Board hits new low

On Putin: ‘

bill p

political c

approach to not always b or easy to fo years, our st was to get ri al-Assad, bu nothing abo he walked in Garden on A reporters exp to announce military stri he announce consult Con Then, when rushed back changed cou and asked th vote while h Syria’s sudd conveyed th sian Preside Putin, to sur chemical we inspectors. And now ores of Wash quick to poin the perils of pursuing thi

608-364-9221 Beloit Daily News 09/16/2013

Copy Reduced to %d%% from original to fit letter page

Beloit Daily News

Editorial

Disregard for right to know Citizens should be outraged by attack on transparency in government. THERE HAVE BEEN a number of dubious “firsts” in Wisconsin politics the past few years, but this one is breathtaking. State Sen. Leah Vukmir, R-Wauwatosa, has responded to an open records case by saying, in essence, she’s above the law and the courts can’t make her turn over anything. To make it worse, Republican Attorney General J.B. Van Hollen is agreeing with her, arguing in a Dane County Circuit Court motion that legislators are not subject to civil process while in session under Wisconsin’s Constitution. Recent practice has been for legislative sessions to last from the day members are sworn in until the next election’s winners take office, meaning no sitting legislator ever could be subject to court challenge under Vukmir’s stance. The idea that constitutional clause ever was intended to shield legislators from following the civil laws of the state is ludicrous. It’s a new low in responsiveness to the people and a new high in arrogant disregard for citizens’ right to know. THE FACTS OF THE CASE are really irrelevant to Vukmir’s immunity claim, but here they are anyway. The liberal-leaning Center for Media and Democracy sought records from Vukmir about her ties to the American Legislative Exchange Council (ALEC) and eventually filed suit under Wisconsin’s open records law when she failed to satisfy the request. ALEC is a conservative-leaning organization known for writing national model legislation. The organization has been known for hatching creative strategies in an effort to avoid the various states’ open records laws. In a strange twist, Vukmir’s office attempted to duck process servers from presenting them with paperwork for the lawsuit. The matter is even being investigated over a process server’s allegation that a Vukmir aide chased him down, shoved him, and threw the paperwork at him after the summons was presented. The aide contests that version of the story, but doesn’t deny there was a confrontation. Now Vukmir insists that she, as an elected legislator, is not subject to the civil case and therefore does not have to produce records from her office for public inspection. If that argument prevails, legislative records could be kept secret for years from the people. THE APPROPRIATE REACTION from the people is a sputtering red rage at the depths of arrogance underlying such a claim. Republican or Democrat, these men and women serve in the people’s name. They are expected to act in the people’s interest. Thumbing their nose at the people and sneering at the principle of open government is an insult to democracy. Remember: No public official, at any level, performing their duties ethically and in accord with the law ever needs to fear the disclosure of records generated during their time in office. Only those with something to hide — something they don’t want the people to know — have reason to fear transparency. Wisconsin has been a national leader for many years in upholding the people’s right to know. Republican, Democrat or Independent, every citizen should be proud of that and guard its continuation. Government information, with only a handful of narrow exceptions, belongs to the people. That’s a fundamental principle of liberty. BY MAKING SUCH a repugnant claim, Leah Vukmir throws her fitness for public office into serious question. Likewise, as long as he remains in lockstep with Vukmir on this matter, Attorney General J.B. Van Hollen casts a shadow over his own fitness to serve. The people should expect an attorney general to defend access to government information, not to conspire with secretkeepers. Transparency is not a partisan issue. And transparency is not an ideological issue. Transparency is a hallmark of good government.

Public dollars,

Monday, September 16, 2013

Guest commentary

Health options for yo By Michelle Singletary WA S H I N G T O N — Before passage of the Affordable Care Act, becoming an adult meant getting kicked to the curb when it came to health coverage. “Our gift used to be when people turned 19 was to take away their health insurance,” said Karen Pollitz, a senior fellow at the Kaiser Family Foundation. “Turn 19 and we kick them out.” If you were in college, you could usually stay on your parents’ insurance until you turned 22. But until health care reform came about, young adults who didn’t find jobs with health coverage or qualified for government insurance were often left uninsured and vulnerable to massive medical bills. Now there’s a present awaiting young adults. THANKS TO the ACA, commonly referred to as Obamacare, you may now be able to get insurance or continue to be covered under a parent’s plan up to the age of 26. And this coverage is available even if you’re married, not living at home, attending school or are financially independent. Starting next year, young adults up to 26 can stay on their parents’ employer plan even if they have another offer of coverage through an employer. The downside for some parents is that they might have to pay extra to keep young adult children covered. But at least they will have insurance. And, in just a few weeks,

a new marketplace will open giving young adults, particularly those older than 26, another option for obtaining health insurance. Trust me, this is one shopping trip at www.healthcare.gov that you need to go on. THERE IS concern that not enough young healthy adults will purchase insurance, which will help offset the cost of those who are older and sicker and will need a lot of health care services. Some experts believe these concerns are overstated. They note that insurance plans in the new marketplace will cover a core set of benefits such as hospitalization, maternity and newborn care, mental health and substance-use disorder services and prescription drugs. With the help of trained personnel called navigators, insurance shoppers will be able to compare plans based on a number of factors including price and benefits. They’ll also be able to determine if they qualify for subsidies to help pay for the coverage. When you’re young and healthy, you may think you can put off getting health insurance. Maybe money is tight and you figure this is something you can delay until you get older, like contributing to a retirement plan. “Health insurance is something at the moment I feel I can’t afford,” said Josh Nece, 29, an uninsured restaurant server in Oakland, Calif. NECE, WHO suffers from severe eczema, says

with r studen other e afford insura he ne help p tion an his ecz says h treatm becaus He the m state. I with h “I’m going ance,” my 30 the ad do.”

IN J young wanted insura a resou to the c about they ar Still they ca thing t off a s up cos it did old so time in “He skate him,” s his wri Poll a “tea Thank on his erwise been a phe for

IT I that m ate ab word to

Secrecy doesn’t serve WASHINGTON — At 4 a.m. on Jan. 1, 1959, an hour when there never were commercial flights from Havana, David Atlee Phillips was lounging in a lawn chair there, sipping champagne after a New Year’s Eve party, when a commercial aircraft flew low over his house. He surmised that dictator Fulgencio Batista was fleeing because Fidel Castro was arriving. He was right. Soon he, and many others, would be spectacularly wrong about Cuba. According to Jim Rasenberger’s history of the Bay of Pigs invasion, “The Brilliant Disaster,” Phillips was “a handsome 37-yearold former stage actor” who “had been something of a dilettante before joining the CIA.” There, however, he was an expert. And in April 1960, he assured Richard Bissell, the CIA’s invasion mastermind, September 19, 2013 that 4:01 within six months radio propaganda would produce

George F.

Will

to (South Vietnam’s President Ngo Dinh) Diem that the United States intended to fully support the South Vietnamese effort to beat the Communists.” (Thirty months later, the United States was complicit in the military coup — regime change — in which Diem was murdered.) The Bay of Pigs led to Nikita Khrushchev’s disdainful treatment of Kennedy at the June summit in Vienna, and to Khrushchev being emboldened to put missiles in Cuba. pmIn / 1972, the Bay of Pigs made a cameo appearance in the Watergate sham-

a 52-ye Th the vo a sma classif argues should “delibe lege” th from Freedo Act. Th for som releas unlike first fo threat which are w candid written that, d work w

TH worry selectiv haps e arship flimsy solid i tion. A interes

OPINION

Chippewa Falls, The Chippewa Herald 09/16/2013 Copy Reduced to %d%% from original to fit letter page

THE CHIPPEWA HERALD MONDAY, September 16, 2013 Contact: editor@chippewa.com

OUR VIEW

A lawsuit filed by the liberal Center for Media and Democracy contends that Vukmir has violated state openrecords law because she has not turned over records concerning her involvement with the American Legislative Exchange Council. ALEC is a conservative group that works with legislators around the country with plug-and-play legislation that can be introduced in any state. Although Wisconsin Republican leaders downplay the influence of ALEC, one needs only look at key legislative

bills passed since 2011 that are directly from the ALEC playbook, including tort reform, telecommunications deregulation, voter identification, school vouchers and others. Vukmir has been an ALEC state chairwoman whose job is to push ALEC bills, and she is the group’s national treasurer. Other legislators who have been sued by the Center for Media and Democracy have either turned over documents, admitted they violated the open-records law or continue to fight.

Wisconsin’s constitution says lawmakers are not subject to being sued during the legislative session. That’s an important protection to allow our legislators to work independently and without threats of intervention. But Vukmir — through a motion filed on her behalf by Van Hollen’s office — contends that the legislation session lasts the entire term or perhaps even beyond that. So, in other words, the public is not entitled to ever know, at any time, who has contacted

their legislators, what documents they have received and who has their ear. That goes against the very principles of transparency and open government and would open wide the door to corruption. Each year, Van Hollen holds public records and open-meetings law sessions around the state to help inform local government officials and others about the state’s laws. It’s disappointing he thinks state legislators are apparently above the laws with which everyone else must comply.

Wisconsin remains cool to climate change action

BILL LUEDERS

A recent study ranked Wisconsin 19th in the nation for clean-energy leadership, behind all four of its Midwest neighbors.

Madison

The Wisconsin Federation of College Republicans made national news recently for taking an audacious stand: In a statement bashing President Barack Obama’s “nanny-state” climate-change initiatives, the state campus group argued that this is an issue the GOP should address. “It is time we apply conservative principles to climate policy,” the statement said, quoting a member who predicted, “Wisconsin will lead.” That may be overly optimistic. A recent study ranked Wisconsin 19th in the nation for clean-energy leadership, behind all four of its Midwest neighbors. Of the more than 600 bills introduced in Wisconsin’s 2013-14 legislative session, none contains the terms “climate change,” “greenhouse gases” or “global warming,” and only a handful deal with energy policy. A mostly Democrat-backed bill calling on state facilities to generate or buy 30 percent of their energy from renewable sources by 2025 has not advanced: no hearings, no committee action. Current law sets the goal at 20 percent by the end of 2011. The actual level in 2012 was 15.6 percent. State Rep. Brett Hulsey, D-Madison, plans to introduce

energy and conservation mandates. Dubbed the “Clean Energy Jobs Act,” the bill and its Senate companion generated 15,200 hours of reported lobbying activity, more than anything else that legislative session. The green group Wisconsin’s Environmental Decade, a proponent, logged 1,674 hours. The business group Wisconsin Manufacturers & Commerce, registered in opposition, put in 1,111 hours. Lobby groups representing the energy company Koch Industries and its subsidiary, Georgia Pacific, invested 1,124 hours. Their official position: “Undisclosed.” Koch Industries is run by billionaire oil barons David and Charles Koch. Now the Koch-funded advocacy group Americans for Prosperity has crafted a “No Climate Tax Pledge” for state and national politicians, committing them to “oppose any legislation relating to climate change that includes a net increase in government revenue.” The pledge has more that 400 signers, including Wisconsin Gov. Scott Walker, U.S. Sen. Ron Johnson, U.S. Reps. Sean Duffy, Reid Ribble and Jim Sensenbrenner, state Sens. Alberta Darling, Glenn

The American people’s reply to Vladimir Putin DANA MILBANK Washington Post

Dear President Putin, Thank you so much for your letter to the American people! I am an American person, and

of the issue.) Your arguments them, because they’re awfully against attack were creative, nice — but generally we accept which is why it’s such a shame that all countries have their that, at the very end, you kind of strengths. We know, for examstepped in it. When you told us ple, that Russians are better that Americans are not “excep- than us at producing delicacies tional” — well, that hurts all of such as caviar and dioxin. us American people. (Kidding!) I was surprised by this lapse When we say we are excepbecause I think you really “get” tional, what we really are saying Americans. When we saw phois we are different. With few 19, 2013 4:02 pm / we are all strangers tos of you September shirtless in Siberia, exceptions, you brought to mind one of our to our land; our families came most celebrated American law- from all corners of the world and

Opinions expressed here are not necessarily those of the editorial board or this paper. Opinions expressed by the editorial board will be labeled a Daily Register Editorial.

Portage Daily Register 09/16/2013

ANOTHER VIEW

Openness applies to lawmakers, too The following editorial was published Sunday in the La Crosse Tribune, a Lee Enterprises paper. Lee Enterprises is the parent company of Capital Newspapers, which owns this newspaper. ‌‌ ‌hould Wisconsin legislators have complete immunity to lawsuits while they are in office and perhaps beyond?‌ That’s the assertion that State Sen. Leah Vukmir, R-Wauwatosa, makes in a legal argument to an openrecords lawsuit with support from Republican Attorney General J.B. Van Hollen. If that ridiculous assertion is legally upheld, we might as well hang a sold sign on the front door of the Capitol because we will have lost the war to special interests. A lawsuit filed by the liberal Center for Media and Democracy contends that Vukmir has violated state open-records law because she has not turned over records concerning her involvement with the American Legislative Exchange Council. ALEC is a conservative group that works with legislators around the country with plug-and-play legislation that can be introduced in any state. Although Wisconsin Republican leaders downplay the influence of ALEC, one needs only look at key legislative bills passed since 2011 that are directly from the ALEC playbook, including tort reform, telecommunications deregulation, voter identification, school vouchers and others. Vukmir has been an ALEC state chairwoman whose job is to push ALEC bills, and she is the group’s national treasurer. Other legislators who have been sued by the Center for Media and Democracy have either turned over documents, admitted they violated the open-records law or continue to fight. Wisconsin’s constitution says lawmakers are not subject to being sued during the legislative session. That’s an important protection to allow our legislators to work independently and without threats of intervention. But Vukmir — through a motion filed on her behalf by Van Hollen’s office — contends that the legislation session lasts the entire term or perhaps even beyond that. So, in other words, the public is not entitled to ever know, at any time, who has contacted their legislators, what documents they have received and who has their ear. That goes against the very principles of transparency and open government and would open wide the door to corruption.‌ Each year, Van Hollen holds public records and openmeetings law sessions around the state to help inform local government officials and others about the state’s laws. It’s disappointing he thinks state legislators are apparently above the laws with which everyone else must comply.‌

Mailbag

On Putin: ‘ I

n‌his masterful portrayal of John F. Kennedy, Ted Sorensen, special counsel to the president, revealed JFK’s occasional frustration with the job of president. One evening, while changing clothes to get ready for a televised address to the nation on the Cuban missile crisis, following a contentious meeting with leaders of Congress, Kennedy turned to Sorensen in disgust and said: “If they want this — — — job, they can have it.”‌ You can’t help but imagine that Barack Obama feels the same way today about Syria. For the last two years, on every front, he’s been “damned if he does, and damned if he doesn’t.” We should supply arms to the rebels; no, if we do so, we’re only helping al-Qaida. We should mount a no-fly zone over rebel-held territory; no, because that’s an act of war and we don’t want to get involved in another war in the Middle East. We should have bombed Syria the first time they used chemical weapons; no, the president can’t use military force without congressional authorization. The poor guy can’t win for losing. September 19,Now, 2013 admittedly, 4:03 pm / part of the blame for confu-

bill p

political commentary

to Syria has n been steady follow. For tw stated goal w of Bashar alwe did nothi When he wa Rose Garden we reporters him to annou a military str he announce consult Cong Then, when rushed back changed cou asked them n while he exp sudden offer through Rus dent Vladim surrender its weapons to U tors. And now of Washingto to point out of Obama’s p this possible diplomatic s starters, you both Vladim Bashar al-As

Commentary of Scott Robert Shaw from WIZM in La Crosse: Wisconsin's Attorney General is joining a state legislator in trying to make a mockery of Wisconsin's open records laws. State Rep. Leah Vukmir of Wauwatosa is being sued over alleged violations of the state's open records laws. She has refused to provide emails outlining her relationship with the conservative group ALEC. This corporate funded group helps create model legislation for lawmakers to approve. Vukmir argues that because she is an incumbent lawmaker, she should not be subjected to the open records laws which apply to every other elected official at every level of government in the state. Obviously it is her view that she is above the law. Amazingly, Wisconsin's top law enforcer, Attorney General J.B. Van Hollen has filed a legal motion in support of Vukmir's arrogant argument. That is despite the fact that as Attorney General, Van Hollen is the one charged with enforcing the state's open records law. Yet he is willing to argue that because Vukmir is an incumbent lawmaker, she is somehow above the law. If that logic were extended, then the open records laws would essentially be optional for the very Wisconsin lawmakers who wrote and approved the law. And it could essentially allow incumbent lawmakers to ever be sued for anything. This argument may be trying to make a joke of Wisconsin's laws, but it is no laughing matter.

YOUR CONTACT Appleton, Post-Crescent 09/15/2013

Joel Christopher, digital content editor 920-993-1000, ext. 281

Copy Reduced to %d%% from original to fitemail: letter page jchristopher@postcrescent.com

www.postcrescent.com

Sunday, September 15, 2013

State senator tries to block lawsuit Republican says public records not public yet By Mary Spicuzza Wisconsin State Journal

be sued for any reason, observers said. Vukmir has been in a legal battle with the Madison-based Center for Media and Democracy for months, with the group accusing her of violating the state’s open records law by failing to Vukmir turn over records related to her involvement with the American Legislative Exchange Council, a corporate-financed conservative think tank that

prepares legislation for lawmakers. Vukmir filed a motion in Dane County Court last week arguing that she is immune from being sued while she remains in office. The state Department of Justice, led by Republican Attorney General J.B. Van Hollen — charged with enforcing the state’s records law — filed the motion on her behalf. Open records advocates argue that Vukmir is claiming to be above the law. “Our state’s openness laws are fundamental to its ability to function as a

democracy. Members of the Legislature, which passed these laws, ought to respect that,” the Wisconsin Freedom of Information Council said in a statement. “We call upon Sen. Vukmir to reconsider her position in light of the damage it could cause to the state.” Dennis Dresang, professor emeritus of public affairs and political science and founding director of the UW-Madison La Follette School of Public Affairs, said he would be surprised if her controversial argument held up in court. “It would make the

whole open records law a joke if you couldn’t enforce it,” Dresang said. He added that he was surprised the state Justice Department would make such an argument, saying “it seems more partisan than based on logic.” But Assistant Attorney General Daniel P. Lennington argued in the motion that a civil lawsuit can interfere with members’ ability to serve those in their districts. “A civil lawsuit can interfere with a Member’s full participation representing her constituents, and when a legislator can-

not appear because of a civil lawsuit, then the people whom the legislator represents lose their voice in debate and vote,” he wrote. Legislative sessions currently run continuously from the day lawmakers are sworn in until the next swearing in, which is two years later. The next two-year legislative session typically begins on that day. Brendan Fischer, CMD general counsel, called the motion an “outrageous move.” “It would basically See RECORDS, Page A14

Boom lifts offer overhead look of Quarry Quest

Families get a bird’s-eye view of Quarry Quest on Saturday as they go up in boom lifts at Michels Materials limestone quarry in Neenah. The event, which raises money for children’s charities and Environmental Education Fund throughout the community, featured hands-on activities that allowed participants to control giant cranes and backhoes, learn how to make concrete and construct a wall with bricks and mortar. Additionally, a sand sculpting contest was held. See more photos and a video of the event at postcrescent.com. RON PAGE/POST-CRESCENT MEDIA

WiFi, public art on downtown wish list Major changes he city’s plan commission reviewed

HAVE A

renaming the street, the plan will be shot down.

to stadium greet

September 18, 2013 8:52 pm /

Appleton, Post-Crescent 09/15/2013

A14

■

The Post-Crescent, Appleton-Fox Cities, Wis.

Records

Continued from Page A3

mean the open records law is optional for lawmakers,” Fischer said. “There would be no penalties if they refuse to comply.” Fischer said it appears Van Hollen is helping to dismantle the open records law in an effort to keep ALEC’s records secret. “There are no allegations in the that complaint against Sen. Vukmir that she denied an open records request or otherwise refused to provide access to responsive records,” said Dana Brueck, Justice

Department spokeswoman. Wisconsin is one of many states that have some sort of legislative immunity provisions included in its state constitution. Rick Esenberg, the founder and president and general counsel of the Wisconsin Institute for Law & Liberty, said Vukmir’s motion raises questions about what it means for the Legislature to be in session. The group represented

the conservative John K. MacIver Institute for Public Policy in a lawsuit against Sen. Jon Erpenbach, D-Middleton, which sought emails from constituents. Erpenbach said he consulted the Justice Department in that case and got an extremely different reaction. “He refused to provide any counsel other than to tell me to acquiesce to the conservative organization’s request,” Erpenbach said.

DRIVE 2009 Pontiac G6 GT

3.5L, Remote Start, Monsoon Stereo, Rear #15825

NOW

WAS $13,898

FEAT 2012 Nissan Sentra S

2.0L, Automatic, Rear Spoiler, Steering Wheel Controls, 31k

Happy

$14,998

#15847

1st

Birthday Sawyer Daniel 2007 Dodge Caliber

2.0L, Automatic, Power Windows, Power Locks, Rear Spoiler, Cast Wheels #15849

$8,998

Ovations Tile by Any Pattern, Any Color lor orr • 14”x14” 14 14” 4”x14” til tile tiles es • St Stone one and Naturals

2.99/sq. ft.

WI-5001704320

Come and see our NEW location!! • KIMBERLY • 920-687-6136 Mon & Thur 10-6 | Tues, Wed, Fri 10-5 | Sat 9-4 WI-5001704333

Your “Great” Grandpa & Grandma Remus

W. Northland Ave. (Cty. OO) at Lynndale (Cty. A) • APPLETON • 920-739-2092 Mon & Thur 9-7 | Tues, Wed, Fri 9-5 | Sat 9-4

2006 Chevy Monte Carlo SS

5.3L V8, Leather, Heated Seats, Moonroof, Aluminum Wheels, 83k #15764 WAS $13,998 NOW

$12,495

*See store for details www.ﬂoorsbyroberts.com

15 F F O ANY SERVICE $

• HEATING • PLUMBING ELECTRICAL • • COOLING

ore* f $100 or m Performed o any other offer. ith *Not valid w /13 Expires 9/30

2003 Chevy Malibu

3.1L, Automatic, Power Windows, Power Locks, Local Trade, 74k

$5,998

#15888

2011 Chevy HHR LT

2.2L, Automatic, Stabilitrak, Chrome Wheels, Traction Control, Ipod, Jack #15874

$14,498

WI-5001698660

1237 N. L APPLETON

Mon 8-8 • Wed & Thur

September 18, 2013 9:02 pmDRIVE / (888) 695-6968 • Drucks.com WI-5001700892

Central Wisconsin Sunday News 09/15/2013

Wisconsin

Copy Reduced to %d%% from original to fit letter page

Sunday, September 15, 2013

Wis. lawmakers cool to climate change

he Wisconsin Federation of College Republicans made national news recently for taking an audacious stand: In a statement bashing President Barack Obama’s “nannystate” climate-change initiatives, the state campus group argued that this is an issue the GOP should address. “It is time we apply conservative principles to climate policy,” the statement said, quoting a member who predicted, “Wisconsin will lead.” That may be overly optimistic. A recent study ranked Wisconsin 19th in the nation for clean-energy leadership, behind all four of its Midwest neighbors. Of the more than 600 bills introduced in Wisconsin’s 2013-14 legislative session, none contains the terms “climate change,” “greenhouse gases” or “global warming,” and only a handful deal with energy policy. A mostly Democratbacked bill calling on state facilities to generate or buy 30 percent of their energy from renewable sources by 2025 has not advanced: no hearings, no committee action. Current law sets the goal at 20 percent by the end of 2011. The actual level in 2012 was 15.6 percent. State Rep. Brett Hulsey, D-Madison, plans to introduce an “Energy Jobs Fund” bill this fall. It would create a revolving loan fund to make government buildings more efficient, paid back “through the realized energy savings.” Meanwhile, Republicans have introduced bills to ease a mandate that electric providers use more renewables and let local govern-

BILL LUEDERS Commentary

ments enact tougher rules for wind-power systems than those in state law. Environmentalist Spencer Black, who logged 26 years in the Assembly as a Madison Democrat, says that while states like California have taken major steps to address climate change, Wisconsin is “going the opposite way, making it harder to have renewable energy in this state.” He blames this on Republicans who have “coalesced against anything that would limit the use of fossil fuels.” He says that’s because the industry has spent millions of dollars trying to create confusion over the danger posed by climate change. Yet even when Democrats ran the show, in 2010, they weren’t able to pass a bill introduced by Black and backed by then-Gov. Jim Doyle, calling for new emission controls, along with renewable energy and conservation mandates. Dubbed the “Clean Energy Jobs Act,” the bill and its Senate companion generated 15,200 hours of reported lobbying activity, more than anything else that legislative session. The green group Wisconsin’s Environmental Decade, a proponent, logged 1,674 hours. The business group Wisconsin Manufacturers & Commerce, registered in opposition, put in 1,111 hours. Lobby groups repre-

senting the energy company Koch Industries and its subsidiary, Georgia Pacific, invested 1,124 hours. Their official position: “Undisclosed.” Koch Industries is run by billionaire oil barons David and Charles Koch. Now the Koch-funded advocacy group Americans for Prosperity has crafted a “No Climate Tax Pledge” for state and national politicians, committing them to “oppose any legislation relating to climate change that includes a net increase in government revenue.” The pledge has more that 400 signers, including Wisconsin Gov. Scott Walker, U.S. Sen. Ron Johnson, U.S. Reps. Sean Duffy, Reid Ribble and Jim Sensenbrenner, state Sens. Alberta Darling, Glenn Grothman, Mary Lazich and Leah Vukmir, and state Reps. Dale Kooyenga, Bill Kramer, Jim Ott and Don Pridemore, all Republicans. . Asked about climate change, Walker spokeswoman Jocelyn Webster writes: “The governor believes the focus in protecting our natural resources should be science-based and predictable. He believes you can ensure Wisconsin has clean air, clean land and clean water, while still fostering a positive business climate.” Spokespeople for state Assembly Speaker Robin Vos, R-Rochester, and Senate Majority Leader Scott Fitzgerald, R-Juneau, did not respond to requests for comment. Bill Lueders is the Money and Politics Project director at the Wisconsin Center for Investigative Journalism www.WisconsinWatch.org.

WO COMP

DO YO YOUR FIN

F ONECONSU

WITH MIC

EXPERIEN COMPENS

Friday, Se 9:00 AM

WISCONSIN R 220 JOH WISCO

800-

NO APPOI WI-5001704772

September 18, 2013 9:04 pm /

E3 • Sunday, September 15, 2013

COMMENTARY

Madison, Wisconsin State Journal 09/15/2013 Copy Reduced to %d%% from original to fit letter page

KG ou com org

VIEWS OF THE CAPITAL TIMES

J.B. Van Hollen attacks public’s right to know

ttorney General J.B. Van Hollen has declared war on the state’s open records standard. His Department of Justice is arguing that legislators are immune from lawsuits demanding that they turn over records that the public has a clearly defined right to review. If the attorney general’s lawless stance is accepted as the new normal in Gov. Scott Walker’s increasingly authoritarian Wisconsin, citizens would lose their right to demand information about what legislators are doing in their name and with their tax dollars. And the basic premises of democratic governance would be shredded. Those premises are stated in the Wisconsin Constitution, which declares that “governments are instituted, deriving their just powers from the consent of the governed.” Van Hollen It is impossible for the governed to give their consent if they cannot get answers to basic questions about what legislators are doing in their official capacity. Attorneys general of both parties have historically defended the public’s right to know. What Van Hollen is doing is unprecedented. Legislators generally respond to open records requests, and past attorneys general have refused to provide aid to members of the Assembly and Senate who have been reluctant to follow the rules. But Van Hollen is now arguing that state Sen. Leah Vukmir, R-Wauwatosa, need not follow the rules because she is immune when the Legislature is in session from lawsuits seeking to compel a response to an open records request. Since the Legislature rarely if ever goes out of session, this new standard would mean that legislators would rarely if ever have to respect the state’s open records law. “I think the attorney general’s position is a radical misinterpretation of that (provisions that are supposed to outline a narrow measure of legislative immunity),” Susan Crawford, a Madison attorney who served as an assistant attorney general and as chief counsel to former Gov. Jim Doyle, told the Milwaukee Journal Sentinel. “I’ve never heard a legislator asserting they’re above the law, which is what (Vukmir’s) doing. You have to wonder what she’s trying to hide.” What Vukmir has to hide are records of her involvement with the American Legislative Exchange Council, a shadowy national group that works with corporations to develop so-called “model legislation” and then urges friendly legislators to enact that legislation. The Madisonbased Center for Media and Democracy (with which The Capital Times has worked on a number of issues) sought those records from Vukmir. When she refused to turn them over, the group sued the senator. Van Hollen’s office is alleged to have instructed Vukmir’s office on how to resist demands for its cooperation. And his lawyers are in court trying to thwart an open records lawsuit. The attorney general is Wisconsin’s chief law enforcement officer. He is supposed to serve the people of the state. Yet, in attempting to block action to guarantee the public’s right to know, Van Hollen is attacking the right of citizens to know what their government is doing in their name but without their informed consent. No Wisconsin attorney general has ever so ill-served the state or its citizens. The Capital Times is Wisconsin’s progressive daily online news source.

tune ke

KATH PARK

The Capital Times archives

Bruce Springsteen and President Barack Obama visited Madison for an election-eve rally in 2012.

Obama’s misery in his second term

veryone elected president comes into office modeling himself on some predecessor: Abraham Lincoln, Franklin Roosevelt, Ronald Reagan. But those who win re-election eventually end up wondering whether they should have emulated James K. STEVE Polk instead. CHAPMAN Why? Because he promised to serve only one term, and he stuck to it. Barack Obama is probably reaching that stage about now. Ten months after concluding a victorious campaign, he finds himself with a public approval rating of 44 percent. That’s down 10 points since December — and the same as that of George W. Bush at this point in his presidency. Obama’s threat to attack Syria has put him at odds with Congress and the public. By last weekend, The Washington Post reported that “a majority of House members are now on the record as either against or leaning against authorizing President Obama to use military force.” An NBC News/Wall Street Journal poll on the eve of his Tuesday TV address found that only 28 percent of Americans approved of his handling of the matter. Public support for the proposed attack, says Gallup, is lower than for any U.S. war in the past two decades. The numbers reflect a couple of facts that are largely beyond his control. The first is that after 12 years of nonstop fighting in distant lands, Americans are sick of war. The second is that after nearly five years of watching him in the White House, many are also tired of Obama. This is a common consequence of protracted exposure. Most TV series don’t last more than five years — and TV series don’t air seven days a week, 52 weeks a year. There have been several new iPhone models since Obama was first elected. If you bought a suit or a dress five years ago, it’s no longer the epitome of fashion. Facing the aftermath of re-election is a challenge for the people in the administration, as well as the people they serve. Top aides burn out or cash in, leaving the White House to find replacements, who may not enjoy the same trust or access. Presidents run out of ideas. If they have any left over,

they’re even less likely to be able to get them through the second time around. Scandals also have a tendency to erupt in the second term, and the IRS targeting of tea party groups arrived this year right on schedule. All this comes before the midterm congressional elections, which typically bring losses to the party in the White House. Republicans are expected to enlarge their House majority and could capture the Senate. Obama’s honeymoon with Democratic liberals is a fading memory. Some are disillusioned by the National Security Agency surveillance, some oppose an attack in Syria, and most of them gag at the thought of Larry Summers taking over the Federal Reserve. While most presidents try to add new achievements in their second terms, Obama is still wrangling with Congress over the central one of his first term. The House has voted some 40 times to undo Obamacare, and some members want to force a government shutdown if necessary to attain that goal. So the president may get to relive the exquisite torture of battling Congress over the debt ceiling. Republicans show no inclination to pass the immigration reform he champions. The economy has been lousy for his entire presidency and shows every indication of staying that way. Foreign affairs are no ray of sunshine. Vladimir Putin may have spared Obama a war in Syria, but Obama will have to take care to avoid being scammed in the deal on Bashar al-Assad’s chemical weapons. He has to extricate the U.S. military from Afghanistan without unleashing chaos. North Korea reportedly has restarted a nuclear reactor to make fuel for additional nuclear weapons. Sometime in the next three years, Obama may have to decide whether to carry out a massive strike to prevent Iran from acquiring the bomb. It’s enough to make a guy wish he were free to focus on his presidential library. At the end of the brilliant 1970 biographical film “Patton,” Gen. George Patton recalls that when a Roman conqueror returned home to bask in adulation, a slave rode along in his chariot, whispering, “All glory is fleeting.” Obama needs no one to remind him. By now, he probably says it in his sleep. Chapman writes for The Chicago Tribune.

PBS’ ‘Latino Americans’ fails to inspire September 18, 2013 9:06 pm /

about h counti mir Pu al-Ass as reas down t mispla making dent. N Puti he rode truck. Obama We now can att a term day. Reca whose include Texas, Putin’s photog captur it must the tim always the me Next mate m sian Pr veyed a Putin. off, Ob after h more w “Wi foreign moved until n has app directl issues the che U.S. pr Brill We c right a with a feared stuck w making lyzes h Both gerous though than pi Obama inabilit himsel Cert trait. In is most right w black a explori But i the Un fer the He doe sequen and the as thou someh “I di said. “T only is The Tuesda was co Obama doesn’ why. Reco

OPINION La Crosse Tribune 09/15/2013

YOUR

Should Wisconsin legalize marijuana for medical use? Cast your vote at lacrossetribune.com.

OUR VIEW

TRIBUNE EDITORIAL BOARD Publisher: Russell Cunningham, rcunningham@lacrossetribune.com Editor: Chris Hardie, chardie@lacrossetribune.com Opinion and features editor: Scott Rada, srada@lacrossetribune.com Community members: Richard Kyte and Mary Jo Werner

Vukmir has violated state openrecords law because she has not turned over records concerning her involvement with the American Legislative Exchange Council. ALEC is a conservative group that works with legislators around the country with plug-and-play legislation that can be introduced in any state. Although Wisconsin Republican leaders downplay

the influence of ALEC, one needs only look at key legislative bills passed since 2011 that are directly from the ALEC playbook, including tort reform, telecommunications deregulation, voter identification, school vouchers and others. Vukmir has been an ALEC state chairwoman whose job is to push ALEC bills, and she is the group’s national treasurer.

So, in other words, the public is not entitled to ever know, at any time, who has contacted their legislators, what documents they have received and who has their ear. That goes against the very principles of transparency and open government and would open wide the door to corruption. Each year, Van Hollen holds public records and open-meetings law sessions around the state to help inform local government officials and others about the state’s laws. It’s disappointing he thinks state legislators are apparently above the laws with which everyone else must comply.

YOUR VIEWS War with Syria poses many dangers

Residents should weigh in on mining

By FRED KURTZ

By CHERYL RHODA

La Crosse

Whitehall

President Barack Obama is about to put this country in yet another war. Syria is not our fight, and most Americans do not want us to enter into it. When a government sends its army out against private citizens, something is terribly wrong with that government. With that said, it’s really none of our business, no matter how horrible it is. The world community is not with us in this fight. Russia’s leaders have said if we attack, they will support the regime of Bashar al-Assad. This could lead to a war with Russia on Syrian turf. We don’t need another Vietnam or Afghanistan. The Syrian rebels are made up of outside terrorists fighting alongside Syrian civilians. Many of these fighters are members of the Muslim Brotherhood and al-Qaida. Should we intervene, we’ll be in the same situation that we were in Afghanistan — we’ll be fighting against our own weapons. America has had enough of war. We have no draft, so the same soldiers are being sent into harm’s way over and over again. This is not right, not by a long shot. Earlier, Obama said there would be no boots on the ground in Syria, but now the media is reporting that war plans have escalated to who knows what.

The Trempealeau County Board has convened a committee to collect and analyze information and make a recommendation on whether aspects of industrial sand mining adversely affect public health and safety in the county. Citizens and interested parties are encouraged to provide feedback and resources for the committee around the topics of water quality (ground and surface), light pollution, sound pollution, ambient air quality, radon release, radioactivity and the ability to maintain stable communities. Send information to tchealth@tremplocounty.com or Trempealeau County Health Department P.O. Box 67 Whitehall, WI 54773-0067. The county’s website also has information about upcoming meetings. Cheryl Rhoda is a health officer with the Trempealeau County Health Department.

A THEISTIC WORLDVIEW

Faith often requires patience

Learn more about raw milk on Monday By VINCE HUNDT Coon Valley

DEAN STROUD The article about the raw milk debate being reignited in the Legislature (Wednesday’s Tribune) repeated an interesting statistic.

La Crosse

At Mansfield Park, there is a small room on an upper floor where Fanny finds solitude. Sir

man who has never encouraged things will be set right. her affection. She must keep her Paul offers a poignant examlove secret — and she must wait. ple of patience as he waits in She knows with St. Paul that prison to be executed. From his “love is patient.” cell he writes Timothy, “Do your It is in the practice of best to come to me soon. For patience in little things that God Demas, in love with the present teaches patience for Kingdom world, has deserted me.” things. But patience without a Impatient Demas has settled worthy object is no virtue. for the world’s treasures. He has Alasdair MacIntyre writes run pm away/ to an earthly city September 18,in 2013 9:05 “After Virtue” that “Patience is because he is in love with this the virtue of waiting attentively visible world and has grown

7 day:

39 1–3

oned said vice May, who him

cess d. data ortCPR hing. hing makrcunt. air the g it aid. CAS ave heir ions are and eyes d to rain,

ssisctor said ting can done sn’t

een neslton. een hose the nd a any

tongue all week, out of deference to the office of the president,” Ryan to turn over chemical weapons to unbelievably small strike aimed Russian Foreign Minister Sergey not to really achieve anything. And Lavrov met for a second day Friday said, before unleashing on Obama’s international control. Daily Newsstrikes. 09/14/2013 In an address to the Copy Reducedthen to %d%% fromside, original to fitnot letter in Geneva with U.N.-Arab League the other it was a page nation planBeloit for limited military “I do not support this action,” Tuesday night, Obama condition- pin prick, it was going to be sub- envoy Lakhdar Brahimi about the potential for a new peace conferRyan told a sold-out audience at ally endorsed a Russian offer for stantial.” Ryan said Obama’s approach ence related to Syria. the annual meeting of the Wauke- international inspectors to seize

State senator tries to block open records lawsuit

MADISON, Wis. (AP) — A Republican state senator insists an investigative group cannot sue her to obtain records while the Legislature is in session, a stance the group contends would bar anyone from ever suing a sitting lawmaker. The Center for Media and Democracy has been pressing Sen. Leah Vukmir, R-Wauwatosa, to turn over records from an American Legislative Exchange Council conference she attended in Oklahoma in May. The center has targeted ALEC, a conservative organization that brings legislators and business leaders together to develop cardiac arrest call in the county no matter where it’s at. “That’s big,” Wistrom said. “That will make a huge difference in responding to cardiac arrests. Departments will know one of these machines in on the way.” In addition to continuous chest compression, Deputy Fire Chief Joe Murray said the device will also help reduce back injuries to paramedics resulting from performing chest compressions. “It frees up hands to help with other tasks,” Murray said. Each machine costs about $15,000 each. The machine must have at least two inches to push down, and the patient has to fit between the arms of the machine, however, Flanagan said most body types will fit. Rich Gruber, vice president of Mercy Hospital, said the donation is nothing new to Mercy Hospital, which has donated other materials to fire departments in the past. He said the LUCAS machine will help paramedics save more lives. “It all begins with the paramedics,” he said. “You have to have the right people with the right training and equipment. This allows for consistent CPR, and will benefit everyone in the county.”

AGENDA LOIT CITY COUNCIL e Street, Beloit WI 53511 Hall Forum – 7:00 p.m. ay, September 16, 2013 CALL

AY/ANNOUNCEMENTS mber 2013 as Campus Fire Safety Month (Liggett)

model laws for states. Vukmir’s office has released nine pages, according to the center. But CMD officials believe she has more documents and filed a lawsuit in June demanding she turn them over. The Wisconsin Department of Justice, led by Republican Attorney General J.B. Van Hollen, filed a motion on Vukmir’s behalf on Wednesday contending she’s immune from the lawsuit. Assistant Attorney General Dan Lennington argued in the motion that the Wisconsin Constitution prohibits anyone from filing a civil lawsuit against a lawmaker while

Loitering

Continued from P. 1A there.” The ordinance, if passed, would prohibit actions that will “create or cause to be created a breach of peace,” “disturbance or annoyance to the comfort of any person” and “create...a littering problem.” Blocking the driveway or sidewalks and obstructing another person are also prohibited. Police officers would be able to issue a citation to people if they did not stop any of the prohibited actions immediately. Current city policy states “No person shall loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals under circumstances that warrant a justifiable and reasonable alarm for the safety of persons or property in the vicinity.” Police Chief Norm Jacobs said the new ordinance gives police more of a reason to make contact with people in the

Disability

Continued from P. 1A must also do its part and provide needed resources and access to basic anti-fraud data to the Social Security Administration.” The Social Security Administration said its accuracy rate for disability payments is more than 99 percent. But the agency noted that even small errors translate into big numbers. “We are planning to do an investigation, and we will recoup any improper payments from beneficiaries,” Social Security spokesman Mark Hinkle said. “It is too soon to tell what caused these overpayments, but if we determine that fraud is involved, we will refer these cases to our office of the inspector general for investigation.” More than 8.2 million disabled workers received disability payments in December 2010, a figure that has grown to nearly 9 million. Last year, the agency paid out $137 billion in disability payments. Before people can receive disability benefits, there is a 5-month waiting period in which they can, in general,

Fair

Continued from P. 1A Association Board held a Monday meeting to discuss options for the fair. In earlier interviews, McConnell said there isn’t enough room at the 17.5acre site in Janesville for 4-Hers or the tourists who visit the fair. And, he said, there are 21 pre-fair

education center. The fair would need 100-150 acres with space for parking and camping as well as buildings for the animals and events, McConnell said. Arft said the City of Beloit would be willing to speak to the fair representatives or the county at any time on a location. However, he said there isn’t

CMD attorney Brendan Fischer said DOJ’s position would preclude anyone from ever suing lawmakers because the Legislature is never out of session. “This position, if upheld by the court, would reverse decades of history and practice and effectively dismantle Wisconsin’s public records law as it applies to the state legislature,” Fischer said in a statement Friday. Wisconsin Freedom of Information Council President Bill Lueders said in an email to The Associated Press that the council is “shocked” at DOJ’s position.

parking lots that are creating problems. Officers will need to undergo some training in order to effectively approach people they believe are violating the ordinance. “You have to balance the person’s right to be in public place and others that want to use it responsibly,” he said. “For example, people who protest in public places often times can present an almost obnoxious position, but we can’t use the law to prevent them from expressing their positions. This (ordinance) is simpler than that, but there are times throughout the year certain places in any community where people misuse the public spaces.” Krueger said the first offense for loitering is $303, and second and third offenses increase in cost. She said the city hopes the possibility of a fine will deter the disturbance the lots have seen in the past. The ordinance is on the city council agenda for a first and second hearing for Monday night. earn no more than about $1,000 a month. The waiting period is to ensure that beneficiaries have long-term disabilities. Using a federal wage database, investigators checked whether a sample of disability beneficiaries had worked and earned significant wages during the waiting period, the report said. They found that most of the improper payments went to people who worked during the five months they waited for payments to begin. Once people start receiving benefits, they can return to work and still get benefits during a trial work period, in an attempt to re-enter the workforce. Using the same wage database, investigators checked whether another sample of disability beneficiaries earned significant wages after their trial work period had ended, the report said. Based on their findings, the GAO estimated the amount of improper payments and the number of people receiving them. Citing a potential weakness, the report said Social Security might not detect a person who worked during the waiting period if the period started in one year and ended in another. Town of Beloit Admin- saying it’s a long way for istrator Brian Wilson said the many 4-Hers in Turtle the fair issue has never Township to travel. Many been mentioned at the of the kids don’t have their township. But he said it own transportation and has the potential to be a families are struggling good event for the town. with the cost of gas, he T u r t l e To w n B o a r d said. He said a relatively Chair Roger Anclam said central location would be the Town of Beloit might preferable than a site in be a better fit than Turtle September 18, 2013 9:08 pm / because it has a waste- Evansville. SWAG is a group of agriwater treatment plant.

Ashland, The Daily Press 09/14/2013

The task force will produce a report on its findings and recommendations MEXICO CITY (AP) — Thousands of early next year. striking briefly seized control Reduced to the %d%% to fit teachers letter page Vos Copy plans to announce taskfrom original of the historic heart of Mexico City on force members next week. Friday, blockading the Zocalo plaza armed with metal pipes and wooden State senator tries to block clubs. Minutes after a late-afternoon government deadline, riot police open records lawsuit started pushing into the area, firing tear gas and ducking hurled rocks in MADISON, Wis. (AP) — A Republia confrontation culminating weeks of can state senator insists an investigaprotests against an education reform. tive group cannot sue her to obtain The teachers used steel grates and records while the Legislature is in plastic traffic dividers to block the session, a stance the group contends streets leading into the Zocalo, home would bar anyone from ever suing a to the Metropolitan Cathedral, Templo sitting lawmaker. Mayor and National Palace, some of The Center for Media and Democthe city’s best-known tourist attracracy has been pressing Sen. Leah tions. Hundreds of Mexico City and Vukmir, R-Wauwatosa, to turn over federal riot police massed on the other records from an American Legislasides of the barriers, then swarmed tive Exchange Council conference she into the square past the famed Aztec attended in Oklahoma in May. The temple, chasing down and arresting center has targeted ALEC, a conserprotesters. vative organization that brings legisMexico’s government had promised lators and business leaders together that Independence Day celebrations, to develop model laws for states. including the traditional presidential Vukmir’s office has released nine shout of independence from a balcony pages, according to the center. But overlooking the square, would take CMD officials believe she has more place in Zocalo Sunday and Monday. documents and filed a lawsuit in June The president’s office pointedly demanding she turn them over. released an official schedule in the The Wisconsin Department of middle of the protests, noting that the Justice, led by Republican Attorney independence “shout” would take place General J.B. Van Hollen, filed a moat the National Palace at its usual tion on Vukmir’s behalf on Wednestime Sunday night. Manuel Monday contending she’s immune from dragon, the head of the federal police, the lawsuit. warned on national television that Assistant Attorney General Dan police would move in at 4 p.m. local Lennington argued in the motion that time. The teachers, many veterans of the Wisconsin Constitution prohibbattles with police in the poor southern its anyone from filing a civil lawsuit states where they live, promised not against a lawmaker while the Legislato move from the square where they ture is in session. have camped out for weeks, launching “The rationale behind this provia string of disruptive marches around sion of the Constitution is to prevent the city. Members of the Legislature from Shortly after the deadline, the police being distracted by civil lawsuits swarmed in, shooting tear gas from and minor criminal violations,” the specially equipped fire extinguishers motion said. “The Constitution places and tossed flash grenades. Protesters a higher value on Senator Vukmir’s hurled sticks and chunks of pavement execution of her official duties without broken from the street. distraction or interference from civil lawsuits.” Largely unseen, Syrian presiRecent legislative sessions have run continuously from the day lawmakdent’s younger brother Maher ers are sworn in until the next class of lawmakers is sworn in two years Assad key to regime’s survival later. The next two-year session has typically begun on that day. BEIRUT (AP) — He is rarely phoCMD attorney Brendan Fischer tographed or even quoted in Syria’s said DOJ’s position would preclude media. Wrapped in that blanket of anyone from ever suing lawmakers secrecy, President Bashar Assad’s because the Legislature is never out younger brother has been vital to the of session. family’s survival in power. “This position, if upheld by the Maher Assad commands the elite court, would reverse decades of histroops that protect the Syrian capital tory and practice and effectively disfrom rebels on its outskirts and is mantle Wisconsin’s public records law widely believed to have helped orchesas it applies to the state legislature,” trate the regime’s fierce campaign to Fischer said in a statement Friday. put down the uprising, now well into Wisconsin Freedom of Information its third year. He has also gained a Council President Bill Lueders said reputation for brutality among opposiin an email to The Associated Press tion activists. that the council is “shocked” at DOJ’s His role underlines the family core position. of the Assad regime, though he is a “So far as we can recall, no lawmakstark contrast to his brothers. His er has ever before tried to defeat the eldest brother, Basil, was the family state’s open records law by using this prince, publicly groomed by their faruse,” Lueders wrote. ther, Hafez, to succeed him as presiVukmir’s office referred questions to dent – until Basil died in a 1994 car DOJ. The agency’s executive assiscrash. That vaulted Bashar, then an tant, Steven Means, said legislative eye doctor in London with no military sessions don’t always run concurrentor political experience, into the role of ly with lawmakers’ terms but declined heir, rising to the presidency after his to elaborate.

September 18, 2013 9:07 pm /

limelight. Friends, m and even his enemie a strict military man The 15,000 soldier Armored Division th largely members of t ily’s minority Alawit the civil war as a bat survival – and repre armed and trained u military. In the past have launched repea against rebels firmly Damascus’ outskirts raiding the impoveri hold.

UK police: Cyber have stolen milli

LONDON (AP) — to graft a rogue piece onto a computer at a of Spanish bank San have drained million police said Friday, an potential for electron huge chunks off fina balance sheets. London police and in a joint statement were arrested Thurs attempt by a bogus m neer to install a keyb – a device typically u several computers at of the bank’s comput located in a south Lo center. Few other technica released, but the sta the hardware would transmission of the e desktop and “allowed take control of the ba remotely.” Writing on the blo security firm Sophos it wasn’t clear how m would-be robbers mi “even with access to “If the systems we secured and monitor still have been plent overcome before they way into sensitive pa work, and move virtu bank’s systems,” he s Police said that all suspects, ranging in were apprehended in London neighborhoo U.S. investigators operating across 27 c managed to steal $45 separate sprees after payment systems us Eastern banks.

Taliban attack U western Afghan

KABUL, Afghanis Taliban attacked a U western Afghanistan and guns on Friday, four Afghans but fail compound or hurt an The attack in the c derscored concerns a cy that shows no sign U.S.-led troops reduc ahead of a full withd

The man told officers he didn’t want to stay there and walked out the front door. He continued to yell Eau Claire, Leader-Telegram 09/14/2013 and swear at a very loud tone. One officer warned the man

feet, laid down on the sidewalk and again began yelling and swearing. The officer placed the man in handcuffs and issued him a citation for disorderly conduct. He was

damage to property and disorderly conduct. Holtz can be reached at 715-8339207, 800-236-7077 or dan.holtz@ ecpc.com.

Republicans try to stifle records request MADISON (AP) — A Republican state senator insists an investigative group cannot sue her to obtain records while the Legislature is in session, a stance the group contends would bar anyone from ever suing a sitting lawmaker. The Center for Media and Democracy has been pressing Sen. Leah Vukmir, R-Wauwatosa, to turn over records from an American Legislative Exchange Council conference she attended in Oklahoma in May. The center has targeted ALEC, a conservative organiza-

tion that brings legislators and business leaders together to develop model laws for states. Vukmir’s office has released nine pages, according to the center. But CMD officials believe she has more documents and filed a lawsuit in June demanding she turn them over. The Wisconsin Department of Justice, led by Republican Attorney General J.B. Van Hollen, filed a motion on Vukmir’s behalf on Wednesday contending she’s immune from the lawsuit.

Assistant Attorney General Dan Lennington argued in the motion that the Wisconsin Constitution prohibits anyone from filing a civil lawsuit against a lawmaker while the Legislature is in session. Recent legislative sessions have run continuously from the day lawmakers are sworn in until the next class of lawmakers is sworn in two years later. The next two-year session has typically begun on that day. CMD attorney Brendan Fischer said DOJ’s position would preclude

anyone from ever suing lawmakers because the Legislature is never out of session. “This position, if upheld by the court, would reverse decades of history and practice and effectively dismantle Wisconsin’s public records law as it applies to the state legislature,” Fischer said in a statement Friday. Wisconsin Freedom of Information Council President Bill Lueders said in an email to The Associated Press that the council is “shocked” at DOJ’s position.

In Brief Ryan criticizes Syria strategy BROOKFIELD — U.S. Rep. Paul Ryan is tearing into President Barack Obama’s strategy on Syria, calling it an “embarrassing spectacle” that has hurt the country’s credibility. The Republican Ryan expanded on his opposition to Obama’s approach on Syria in response to a question posed following his speech Friday to a business group in Brookfield outside of Milwaukee. Ryan says he had been “biting my tongue all week” to give Obama time to lay out his plan and brief Congress. But Ryan says now that that has been done, he doesn’t believe Obama has made the case for a military strike. Ryan says, “I do not think the president has presented anything close to a coherent strategy.” Obama has moved from emphasizing a military strike to seeking a diplomatic solution in Syria.

ships designed to operate in shallow waters are under construction at Marinette Marine Corp. Funding is secure for three more. Mabus says the ships are the future of the Navy. He also says the pership cost is decreasing as more are built and is eventually expected to be about $393 million. The first littoral combat ship built at Marinette Marine cost $750 million.

34 years ago. “I believe the plaintiffs provide cogent arguments that deserve close examination by our Supreme Court, which is the only court that can modify or overrule the decisions that I believe are controlling,” Markson wrote. An equivalent cap today would be $800,000, he said. “How does it meet the rational-basis test to cap Ms. Fiez’s damages at 14 percent of what the jury believed fair and reasonable … ?” the judge wrote. Fiez’s attorney, Eric Farnsworth, said he likely will appeal. Farnsworth said he was encouraged by Markson’s “very obvious belief ... that this is a hugely out-of-date law.”

County health director Doug Mormann says people need to be more vigilant about protecting themselves against mosquito bites.

Oshkosh acid spill site cleared

OSHKOSH — Oshkosh authorities have lifted an evacuation order after an acid spill at a chemical plant on the city’s south side. Company officials say about 600 gallons of muriatic acid spilled at Hydrite Chemical Thursday. The spill was reported just before 1 p.m. The acid spilled from a crack in a tank which holds about 7,000 gallons. Firefighters say a barrier previously set up to contain spills did its job. WLUK-TV reports police asked people to LA CROSSE — A dead stay away from the spill crow is the first bird to area. Some residents test positive for the West were asked to stay inNile virus in La Crosse side, close all doors and County since health ofwindows and turn off air ficials began testing in conditioning. May. Oshkosh police September 18, 2013 9:09 pm / say the The virus is spread to evacuations were a prehumans through infected caution and there is no

West Nile found in La Crosse

at Loopy’s T town of Wh heading to Bar for a bi where she c had a few d “She told hadn’t had drink) to dr was tired,”

Bullet

Notices of communityw to: Leader-Te 0570. E-mail 7308. The d should includ son’s name.

Governm

Altoona sc p.m. Monday Ave. The reg Eau Claire Chamber, Cit Lake Halli 13033 30th Menomon Center, 800

Keno unio

KENOSH Kenosha tea representing Wisconsin’s school distr decertified a bargain base the district. Under Ac required to recertificati if they want nized as a ba Teacher c Kenosha, Jan Milwaukee e summer and were require certify. Milw Janesville fi

Nibl

“Frien

Salsas, Sy Dressings Farm-Fres Local Hon Maple Syr and Crafts

Janesville, The Gazette 09/14/2013

Copy Reduced to %d%% from original to fit letter page

STATE

Saturday, September 14, 2013 5A

Official tries to sidestep open records suit State senator claims immunity from all lawsuits By Patrick Marley and Jason Stein Milwaukee Journal Sentinel MADISON

State Sen. Leah Vukmir is trying to sidestep an open records lawsuit by claiming she can’t be sued while in office—a legal argument that, if successful, would let all lawmakers ignore the open records law. The liberal Center for Media and Democracy sued Vukmir, R-Wauwatosa, in June contending she had violated the open records law by not turning over records related to her involvement with the American Legislative Exchange Council. ALEC works with corporations and conservatives to write model legislation that can be introduced in state legislatures through-

out the country. On Wednesday, Vukmir filed a motion in Dane County Circuit Court arguing she is immune from lawsuit while she remains in office. The motion was filed on her behalf by Republican Attorney General J.B. Van Hollen’s Department of Justice. The position Vukmir and Van Hollen are taking differs sharply from those taken by other lawmakers who have been sued in recent years under the open records law. In those cases, legislators from both parties have either acknowledged they violated the records law and turned over documents or fought the cases in court. “It’s pretty shocking,” said Brendan Fischer, general counsel for the center that brought the suit. “Open records are a basic part of their legislative duties,” he said. “To not be able to hold them to account has the potential to undermine the law, clean government and citizens’ trust in government.” Vukmir declined comment through an aide.

BRIEFS Compiled from Gazette wire services

Kenosha teachers union decertified KENOSHA—The Kenosha teachers union, representing educators in Wisconsin’s third largest school district, has been decertified and cannot bargain base wages with the district. Under Act 10, unions are required to file for annual recertification by Aug. 30 if they want to be recognized as a bargaining unit. Teacher contracts in Kenosha, Janesville and Milwaukee expired this summer and the unions were required to recertify. Milwaukee and Janesville filed with the state by the deadline, but Kenosha did not, according to Peter Davis, general counsel of the Wisconsin Employment Relations Commission. Christina Brey, from the Wisconsin Education Association Council, downplayed the decertification, saying it’s just another hoop for local unions to jump through. “It seems like the majority of our affiliates in the state aren’t seeking re-ertification, so I don’t think the KEA is an outlier or unique in this,” she told the Milwaukee Journal Sentinel. Brey said the union still exists with or without the recertification vote.

Speaker forms rural schools task force MADISON—Wisconsin Assembly Speaker Robin Vos has formed a new task force to address rural school issues. Vos has named Rep. Rob Swearingen, a Rhinelander Republican, to serve as the task force’s chairman. The speaker has charged the task force to study a host of issues, including how rural schools can share innovations and efficiencies, transportation needs, strategies for long-term financial stability and how to handle declining enrollment. The task force will produce a report on its findings and recommendations early next year. Vos plans to announce the task force members next week. The group will hold its first meeting in Rhinelander and its second meeting in Merrill. Dates have yet to be determined.

Judge upholds malpractice cap MADISON—A Dane County judge has upheld a $250,000 malpractice cap for UW-Madison doctors. The case involves a Verona woman who won a $1.8 million jury award in her husband’s death, as the jury found a UW doctor was negligent. Terri Fiez challenged the malpractice cap set for UW doctors and other state employees. Judge John Markson ruled Fiez had not shown the cap was unconstitutional, according to the State Journal. The judge urged the state Supreme Court to take the case because the $250,000 cap was set by the Legislature 34 years ago. “I believe the plaintiffs provide cogent arguments that deserve close examination by our Supreme Court, which is the only court that can modify or overrule the decisions that I believe are controlling,” Markson wrote. An equivalent cap today would be $800,000, he said. Fiez’s attorney, Eric Farnsworth, said he likely will appeal.

Deal sought to end coal ash dumping LUDINGTON, Mich.—Federal officials want to enter into a revised consent agreement with a car ferry operator that would

Steven Means, Van Hollen’s executive assistant, declined to comment on the specifics of the case but said the state constitution is clear on legislative immunity. The state constitution says lawmakers are not “subject to any civil process during the session of the Legislature.” Vukmir contends in her motion that the current legislative session lasts the entire term of a state representative—meaning legislators could be in session from the moment they are first sworn in until they leave office, perhaps many years later. Susan Crawford, a Madison attorney who has served as an assistant attorney general and chief counsel to former Democratic Gov. Jim Doyle, said she had never seen the Department of Justice raise such a defense. She said the immunity provision is in the constitution to protect the public from losing its voice in the Legislature because of legal proceedings, not to help legislators avoid complying with laws. “I think the attorney general’s position is a

radical misinterpretation of that provision” of the constitution, Crawford said. “I’ve never heard a legislator asserting they’re above the law, which is what she’s doing. You have to wonder what she’s trying to hide.” Vukmir’s argument that she is immune from lawsuit resulted in a bizarre match of cat and mouse in the Capitol. According to affidavits in the lawsuit and an interview with Vukmir aide Jason Rostan, process server Bruce Lowrey tried on Aug. 30 and Sept. 3 to serve Vukmir at her office. On the second visit to her office, Lowrey left the papers with Rostan. Lowrey left the office and was followed by Rostan, who attempted to push the papers back at Lowrey. Both men claim the other swore at them. In the squabbling, Lowrey fell down, with Lowrey claiming he was pushed by Rostan and Rostan claiming Lowrey tripped while backing away.

US shipbuilding program gets support Secretary of Navy says he’s committed to force of 50 ships Associated Press MARINETTE

Navy Secretary Ray Mabus said he is committed to plans to buy more than 50 littoral combat ships despite budgetary concerns and questions about their cost. Mabus spoke Thursday at Marinette Marine Corp., where four of the ships designed to operate in shallow waters are under construction, according to PressGazette Media. Funding has been seMabus cured for three more. “I use this program as an example of what can be done and how something that was, at the beginning, costly and had some problems, but working together we’ve lowered that cost dramatically,” Mabus said. “We’re absolutely committed to building the whole class of 52 ships of this class. “It’s the future of the Navy and the future of how we fight.” The first littoral combat ship built at Marinette Marine cost $750 million, but Mabus said the per-ship cost is decreasing as more are built and is eventually expected to be about $393 million. The littoral ship program has been a subject of debate in the federal government because of the cost and questions about the early design and performance. The Government Accountability Office suggested earlier this summer that the Navy

Associated Press Workers at Marinette Marine Corp. in Marinette listen to Navy Secretary Ray Mabus speak. Mabus said that he is committed to buying more than 50 littoral combat ships. Marinette Marine is one of four locations where the ships, which are designed to operate in shallow waters, are under construction. limit its purchases of the ships. Mabus said the questions are similar to those raised at I use this program as an example of what can be done and how the start of other naval prosomething that was, at the beginning, costly and had some grams that turned out well in problems, but working together we’ve lowered that cost the end. “There are people in the dramatically. We’re absolutely committed to building the whole Navy who still don’t like LCS, class of 52 ships of this class. It’s the future of the Navy and the and they don’t like it because it’s new,” he said. “That’s hapfuture of how we fight. pened every single time we’ve Ray Mabus, U.S. Secretary of the Navy built a new ship … Every time we build a new ship people say it’s not going to work and every single time they’ve been wrong.” Littoral combat ships have said the company plans to add cost, he said. “By the time we get done two designs. Marinette Ma- another 157 workers at the rine is building the Lockheed construction site, with total with the 10th ship under this Martin version, and a second employment exceeding 1,500 contract, it will be half the design is being used by Austal in the next year. The compa- price of what that first ship ny has been working with the was,” Goddard said. “That’s USA in Alabama. 18, 2013 9:11topmthe / kind of learning we’re able Navy and Lockheed Martin Chuck Goddard, presidentSeptember and CEO of Marinette Marine, reduce construction time and to achieve here.”

“”

sm for cut 80 percent of President rograms Barack Obama’s Great Lakes Kenosha News 09/14/2013 seas, Restoration Initiative, which rs to has pumped $1.3 billion into

AP PHOTO

school tweaks ls for extra safety

lled comes the f ending zens une. to walk cases es to get

or the es , which w aid on

said Rep. Candice Miller, a Republican from suburban Detroit. “It’s hard to explain. It’s about our way of life.”

Senator tries to block open records lawsuit

hm Emanuel talks to children at Dullllence before a ribbon cutting at a the school Friday in Chicago.

Shootelemenies that eral olence st week tep of d staff on five

year’s money restored. A bipartisan parade from neighboring states is now backing his push to get the rest of the

Friday that there were no problems since efficient dismissal was put in place last week. She said operations at the South Side school were back to normal on Friday — with the exception of the continued scheduling of football practice before school rather than after school. “We did this to encourage kids and staff to be safe,” said Shana Hayes, a spokeswoman for the Academy for Urban School Leadership, which has been running the school in the Woodlawn neighborhood since 2009. She said the procedure was initiated after discussions with Safe Passage, a program that stations hundreds of workers along designated routes to schools, including Dulles, that took in students from the nearly 50 schools that were shuttered.

to evacuation

— Oshkosh authorities lifted an evacuacid spill at a chemical plant on the ursday. said about 600 gallons of muriatic acid hemical. The spill was reported just

om a crack in a tank which holds Firefighters said a barrier previously lls did its job.

MADISON (AP) — A Republican state senator insists an investigative group cannot sue her to obtain records while the Legislature is in session, a stance the group contends would bar anyone from ever suing a sitting lawmaker. The Center for Media and Democracy has been pressing Sen. Leah Vukmir, R-Wauwatosa, to turn over records from an American Legislative Exchange Council conference she attended in Oklahoma in May. The center has targeted ALEC, a conservative organization that brings legislators and business leaders together to develop model laws for states.

Additional documents Vukmir’s office has released nine pages, according to the center. But CMD officials believe she has more documents and filed a lawsuit in June demanding she turn them over. The Wisconsin Department of Justice, led by Republican Attorney General J.B. Van Hollen, filed a motion on Vukmir’s behalf on Wednesday contending she’s immune from the lawsuit. Assistant Attorney General Dan Lennington argued in the motion that the Wisconsin Constitution prohibits anyone from filing a civil lawsuit against a lawmaker while the Legislature is in session. “The rationale behind

We have the MOST DE Grilled Sandwiches in • Pastrami Reuben • Gorgonzola Roast Beef • Three Cheese Portobella • Grilled Milano - Eggplant • Grilled Roma - Fresh Mozzarella • Cutlet Delight - Pork Cutlet • Campagnola - Chicken Served Hot Ready In Minutes!

• Ralph’s S • Tuscany • Grilled Sa • Grilled Ita Pepperon • Southwes • Wild Mush

YOUR CHOICE

Each

*All Sandwiches with Pesto Contain

this provision of the Constitution is to prevent Members of the Legislature from being distracted by civil lawsuits and minor criminal violations,” the motion said. “The Constitution places a higher value on Senator Vukmir’s execution of her official duties without distraction or interference from civil lawsuits.” Recent legislative sessions have run continuously from the day lawmakers are sworn in until the next class of lawmakers is sworn in two years later. The next two-year session has typically begun on that day.

Homemade Italian Sliced

Blocking lawsuits

Roast Beef

HOMEMADE & ALL FRESH ING MADE THROUGHOUT TH

Take & Ba

PIZZA

Over 16 types o Pizzas to choose

Available in 2 Size

Perfect for your Party or Event!

Ava o

FREE Au Jus - You pay Onl

HOMEMADE Just Hea

Eggplant Parmesan or

Lasagna

$ 99

With Meat

Lb.

Cooked, with pe and onions

Italian Sa

Walk In, Pick-up at Deli Counter

Kenosha’s Finest Sa

FREE Fresh Sliced Onions or Tomatoes o Muffolotta when orders are called ahe

All Fresh Ingredients, Mortadella, Ham, Cap Pepperoni, Provolone Cheese, Lettuce, Mild Peppers, Vinegar & Oil Dressing

12” 9” 6” SLICE 99 $ 99 $ 99 $ 99

9 5

Frozen Homes Homemade

Marinara Sauce Meat Sauce

32 Oz.

49 $ 9 5

32 Oz. with Pork & Mushroom Homemade di /Carne Alla Romana September 18, 2013Suco 9:11 pm (Stewed Pork, Beef, Italian Sausage in Tomato

Portage Daily Register

Portage Daily Register 09/14/2013 Portage Daily Register

Local

Saturday, September 14, 2013

Copy Reduced to %d%% from original to fit letter page

Senator tries to block open-records suit The Associated Press

center. But CMD officials believe she has more documents and filed a lawsuit in June demanding she turn them over. The Wisconsin Department of Justice, led by Republican Attorney General J.B. Van Hollen, filed a motion on Vukmir’s behalf on Wednesday contending she’s immune from the lawsuit. Assistant Attorney General Dan Lennington argued in the motion that the Wisconsin Constitution prohibits anyone from filing a civil lawsuit against a lawmaker while the Legislature is in session. “The rationale behind this provision of the Constitution is to prevent Members of the Legislature from being distracted by civil lawsuits and minor criminal violations,” the motion

said. “The Constitution places a higher value on Senator Vukmir’s execution of her official duties without distraction or interference from civil lawsuits.” Recent legislative sessions have run continuously from the day lawmakers are sworn in until the next class of lawmakers is sworn in two years later. The next two-year session has typically begun on that day. CMD attorney Brendan Fischer said DOJ’s position would preclude anyone from ever suing lawmakers because the Legislature is never out of session. “This position, if upheld by the court, would reverse decades of history and practice and effectively dismantle Wisconsin’s public records law as it applies to the state legislature,” Fischer said in a

statement Friday. Wisconsin Freedom of Information Council President Bill Lueders said in an email to The Associated Press that the council is “shocked” at DOJ’s position. “So far as we can recall, no lawmaker has ever before tried to defeat the state’s open records law by using this ruse,” Lueders wrote. Vukmir’s office referred questions to DOJ. The agency’s executive assistant, Steven Means, said legislative sessions don’t always run concurrently with lawmakers’ terms but declined to elaborate. He said the agency would respond in court if CMD raises its arguments there. The MacIver Institute for Public Policy, a conservative

think tank, filed a lawsuit last year demanding Sen. Jon Erpenbach, D-Middleton, turn over the names and addresses of people who sent him emails during the 2011 fight over passing Gov. Scott Walker’s contentious collective bargaining law. Erpenbach refused to hand over the information, saying he wanted to protect the senders from retaliation. A judge ruled in April he didn’t have to release the data. Erpenbach issued a statement Friday saying Van Hollen refused to represent him and told him to comply with the request. “If you are protecting ALEC,” Erpenbach said, “the attorney general will jump to represent you, but if you are protecting citizens he apparently cannot be bothered.”

Man accused of Clark vice president of slapping child, 6 rural schools task force Lyn Jerde

Lyn Jerde Daily Register‌

A rural Portage man faces a felony charge of physical abuse of a child/ intentionally causing bodily harm, stemming from allegations that he slapped a 6-year-old girl with his open hand, resulting in the child’s lip turning purple. Adam Thorpe, 34, could be sentenced to up to three years in prison and up to three years of extended supervision if convicted as charged. According to the criminal complaint filed in

Columbia County Circuit Court, a social worker and a Columbia County sheriff’s Thorpe deputy met with the child Thursday after the child reportedly told someone at her school that she had been hit on her lower lip. The deputy photographed the child’s lip, which appeared to have been swollen with a purple bruise, the

complaint said. Thorpe reportedly told the deputy that he had struck the child on the mouth with the back of his hand. Judge Alan White set bail at a $2,500 signature bond, with conditions that Thorpe may have no contact with the child, and that he must not administer physical discipline to any child. A pretrial conference was set for Sept. 30, with a return date of Oct. 30. ljerde@ capitalnewspapers.com 745-3587

Daily Register‌

Rep. Fred Clark, D-Baraboo, was appointed Friday as vice chairman of a newly formed task force on rural schools. Assembly Speaker Robin Vos, R-Rochester, also appointed Rep. Rob Swearingen, R-Rhinelander, as the task force’s chairman. Clark, who is in his third term in the Assembly, represents the 81st District, which in Columbia County includes the city of Portage and the towns of West Point, Newport, Lewiston and

Caledonia. Parts of Iowa, Dane and Sauk counties also are in the district. Some of the issues that the task force will address include creating partnerships among school districts, financial stability, strategies for addressing declining enrollment, transportation costs, innovation, efficiency and maximizing opportunities to incorporate new technology. Clark, a member of the Assembly Committee on Education, said he is honored that Vos tabbed him for the task force. The task force’s work

is crucial, Clark said, because many rural school districts in Wisconsin are faced with declining enrollment — and with it, declining state aid — while the costs of necessities such as transportation and supplies remain fixed. This situation, if not addressed, could result in rural school districts cutting back on programs, and in some cases, closing schools, he said. Clark recently moved from Sauk City to Baraboo.

2900 block of county Highway CX: At 8:59 a.m. Thursday, police responded to a call of a woman shouting obscenities and knocking over items in a building. Jennifer A. Poulson, 33, of Oxford, was arrested for disorderly conduct and taken to the19, Columbia September 2013 2:59 County Jail. 2300 block of West Wisconsin Street: Police

alcohol. West Collins Street and New Pinery Road: At about noon Thursday, police took in Julie M. Teeselink, 27, of Portage, for operating a vehicle after revocation as a third offense and felony bail jumping. 400 block of West Pleasant pm / Street: At 1:18 p.m. Thursday, police were notified that damage to a car tire occurred while it was

ljerde@ capitalnewspapers.com 745-3587

‘Cowboys’ test their skills today Mounted Justice will hold a cowboy-mounted shooting competition at Paradise Stables, W4368 Long Crossing Road, Rio, at noon today and 10 a.m. Sunday. This competition will showcase the equestrian sport of cowboy mounted shooting, which organizers say is the fasted growing equine sport in the United States. Spectators are welcome, and using hearing protection

(earplugs) is optional. New riders are always welcome and if interested, should talk to Vern Vesperman, Mounted Justice president, or Jess Starks, Mounted Justice promotional chairman. Contestants wear Western attire and use two .45 caliber single action revolvers loaded with five rounds of blank ammunition. A competitor engages 10 targets per course, at the fastest speed he or she and

the horse can go, while maintaining accuracy. This sport is open to men and women of all ages and horses of all breeds. It also includes a junior and wrangler division for kids. New participants compete against riders in their same level. For more information, call Starks at 608-5750398 or Katz Jackson at 608-577-8468 or visit the website www. mountedjustice.com.

Information is taken from the records of the Portage Police Department and does not represent a comprehensive list of police department activity. Each individual named in this report is presumed to be innocent until proven guilty in a court of law. Between 7:57 a.m. Thursday and 9:01 a.m. Friday, police reported 47 calls, including one emergency detox transportation. 200 block of Henry Drive: At 8:27 a.m. Wednesday, police investigating a separate matter cited Larry W. Pafford, 57, of Portage, for misdemeanor possession of drug paraphernalia.

Racine, The Journal Times 09/14/2013

The Journal Times Saturday, September 14, 2013

Obituaries/Records OBITUARY LISTING

State senator tries to block an open records lawsuit TODD RICHMOND Associated Press

MADISON — A Republican state senator insists an investigative group cannot sue her to obtain records while the Legislature is in session, a stance the group contends would bar anyone from ever suing a sitting lawmaker. The Center for Media and Democracy has been pressing Sen. Leah Vukmir, RWauwatosa, to turn over records from an American Legislative Exchange Council conference she attended in Oklahoma in May. The center has targeted ALEC, a conservative organization that brings legislators and business leaders together to develop model laws for states. Vukmir’s office has released nine pages, according to the center. But CMD officials believe she has more documents and filed a lawsuit in June demanding she turn them over. The Wisconsin Department of Justice, led by Republican Attorney General J.B. Van Hollen, filed a motion on Vukmir’s behalf on Wednesday contending she’s immune from the lawsuit. Assistant Attorney General Dan Lennington argued in the motion that the Wisconsin Constitution prohibits anyone from filing a civil lawsuit against a lawmaker while the Legislature is in session. “The rationale behind this provision of the Constitution is to prevent Members of the Legislature from being distracted by civil lawsuits and minor criminal violations,” the motion said. “The Constitution places a higher value on Senator Vukmir’s execution of her official duties without distraction or interference from civil lawsuits.” Recent legislative sessions have run continuously from the day lawmakers are sworn in until the next class of lawmakers is sworn in two years later. The next two-year session has typically be-

gun on that day. CMD attorney Brendan Fischer said DOJ’s position would preclude anyone from ever suing lawmakers because the Legislature is never out of session. “This position, if upheld by the court, would reverse decades of history and practice and effectively dismantle Wisconsin’s public records law as it applies to the state legislature,” Fischer said in a statement Friday. Wisconsin Freedom of Information Council President Bill Lueders said in an email to The Associated Press that the council is “shocked” at DOJ’s position. “So far as we can recall, no lawmaker has ever before tried to defeat the state’s open records law by using this ruse,” Lueders wrote. Vukmir’s office referred questions to DOJ. The agency’s executive assistant, Steven Means, said legislative sessions don’t always run concurrently with lawmakers’ terms but declined to elaborate. He said the agency would respond in court if CMD raises its arguments there. The MacIver Institute for Public Policy, a conservative think tank, ﬁled a lawsuit last year demanding Sen. Jon Erpenbach, D-Middleton, turn over the names and addresses of people who sent him emails during the 2011 ﬁght over passing Gov. Scott Walker’s contentious collective bargaining law. Erpenbach refused to hand over the information, saying he wanted to protect the senders from retaliation. A judge ruled in April he didn’t have to release the data. Erpenbach issued a statement Friday saying Van Hollen refused to represent him and told him to comply with the request. “If you are protecting ALEC,” Erpenbach said, “the Attorney General will jump to represent you, but if you are protecting citizens he apparently cannot be bothered.”

Cartwright, Gail Fox, Mary Gittings, John Kabrich, Harry Lee Kendl, Victor Potter, Michael Reeves, Jack

John B. Gittings RACINE — John B. Gittings, age 86, passed away Tuesday, September 3, 2013 at Wheaton Franciscan-All Saints Medical Center. A Memorial Service will be held at the First Presbyterian Church, 716 College Ave. on Saturday, September 14, 2013, 3:00 p. m. Relatives and friends may meet with the family at the church on Saturday from 1:30 p.m. until the time of service at 3:00 p.m. In lieu of flowers, memorials to The Prairie School have been suggested. MARESH-MEREDITH & ACKLAM FUNERAL HOME 803 MAIN ST. RACINE, WI 53403 (262) 634-7888 Please send condolences to www.meredithfuneralhome.com

Michael J. Potter

WATERFORD - Michael Joseph Potter, age 35, passed away on September 12, 2013. He was the loving son of Michael and Leah (Née: Hilborn) Potter. He was the beloved brother of Sean Potter and Patricia Zeller. He is further survived by nieces, cousins and September 19, 2013 3:00 nephews, pm / many other relatives and friends. Michael was a

He declined to identify the rty the college cer teams to practice on campus Dane County instead of at Warner Park, said Tim vice president of budget The spaceMadison, cur- Casper, Please see MATC, Page A10 Wisconsin State Journal 09/14/2013

OPEN RECORDS LAW

Advocates fume over senator’s stance Leah Vukmir’s immunity claim would be a tough sell in court, expert says. MARY SPICUZZA mspicuzza@madison.com, 608-252-6122

Photos by BRENNAN LINSLEY — Associated Press

der, Colo., from their mountain community of Magnolia, n and flooding.

nts plucked floodwaters

Will Pitner is rescued by emergency workers Friday in Boulder, Colo. He spent Thursday night trapped outdoors on high ground above his home as it filled with water.

ng fire

Open government advocates are crying foul after a Republican state senator argued a liberal group cannot sue her over public records while the Legislature is in session. Should Sen. Leah Vukmir, R-Wauwatosa, prevail, lawmakers could refuse to comply with the records law and could not be sued for any reason, observers said. Vukmir has been in a legal battle with the Madison-based Center for Media and Democracy for months, with the group accusing her of violating the state’s open records law by failing to turn over records related to her involvement with the American Legislative Exchange Council, a corporate-financed conservative think tank that prepares legislation for lawmakers. Vukmir filed a motion in Dane County Circuit Court this week arguing that she is immune from being sued while she remains in office. The state Department of Justice, led by Republican Attorney General J.B. Van Hollen — charged with enforcing the state’s records law — filed the motion on her behalf. Open records advocates argue that Vukmir is claiming to be above the law. Please see RECORDS, Page A7

Discipline looms following

September 18, 2013 9:12 pm /

Madison, Wisconsin State Journal 09/14/2013

FROM PAGE ONE

Records Continued from Page A1

e Journal this fall.

Cut out this bill and ente like electronic r it s, furniture, to win great prizes, gift certiﬁcat es!

$ 0 50,000

zes, !

Promotion ends December 11, Capital Newspapers 2013. No purchase necessary. For , P.O. Box 8056. see ad in today’s Clippin’ Madison, WI 53708, newspaper. within three days Cash, send handwritten SASE to Clip & Win, of publication of money. For complete rules,

, INC

ars”

“Our state’s openness laws are fundamental to its ability to function as a democracy. Members of the Legislature, which passed these laws, ought to respect that,” the Wisconsin Freedom of Information Council said in a statement. “We call upon Sen. Vukmir to reconsider her position in light of the damage it could cause to the state.” Dennis Dresang, professor emeritus of public affairs and political science and founding director of the UW-Madison La Follette School of Public Affairs, said he would be surprised if her controversial argument held up in court. “It would make the whole open records law a joke if you couldn’t enforce it,” Dresang said. He added that he was surprised the state Justice Department would make such an argument, saying “it seems more partisan than based on logic.” But Assistant Attorney General Daniel P. Lennington argued in the motion that a civil lawsuit can interfere with members’ ability to serve those in their districts. “A civil lawsuit can interfere with a Member’s full participation representing her constituents, and when a legislator cannot appear because of a civil lawsuit, then the people whom the legislator represents lose their voice in debate and vote,” he wrote. Legislative sessions currently run continuously from the day lawmakers are sworn in until the next swearing in, which

SATURDAY, SEPTEMBER 14, 2013 • A7 is two years later. The next two-year legislative session typically begins on that day. Brendan Fischer, CMD general counsel, called the motion an “outrageous move.” “It would basically mean the open records law is optional for lawmakers,” Fischer said. “There would be no penalties if they refuse to comply.” Fischer said it appears Van Hollen is helping to dismantle the open records law in an effort to keep ALEC’s records secret. Vukmir staffer Dean Cady referred questions to the Justice Department, citing ongoing litigation. Wisconsin is one of many states that have some sort of legislative immunity provisions included in its state constitution. Rick Esenberg, the founder and president and general counsel of the Wisconsin Institute for Law & Liberty, said Vukmir’s motion raises questions about what it means for the Legislature to be in session. “My sense is there’s no case law that settles this one way or the other,” Esenberg said. The group represented the conservative John K. MacIver Institute for Public Policy in a lawsuit against Sen. Jon Erpenbach, D-Middleton, which sought emails from constituents. Erpenbach said he consulted the Justice Department in that case and got an extremely different reaction. “He refused to provide any counsel other than to tell me to acquiesce to the conservative organization’s request,” Erpenbach said. Dana Brueck, Justice Department spokeswoman, said Erpenbach has no knowledge of the agency’s discussions with Vukmir.

e Correction ne Restoration owing & Removal

CALL THE

PROS “WE DIG YOUR BUSINESS”

COMMERCIAL

MARSHALL 655-1331

pro.net September 18, 2013 9:13 pm /

LOCAL

Monroe Times 09/14/2013

p.m. at the city hall. da items include action d to the decision to tere the utility director. e Lafayette County of Supervisors will at 7:30 p.m. at the house. Agenda items e the tentative agreebetween Lafayette y and Teamsters Local No. 695 (highway ) from Jan. 1 through 31 for a 2013 Total Base Contract. e City of Monroe Public rty Committee will at 6:55 at the city hall. da items include a d session to consider an o purchase the Chalet erhaus (water departbuilding).

esday, September, 18 e City of Monroe Airport of Management will at 5 p.m. at the airport. da items include the operating budget. e City of Monroe Board ks and Recreation missioners will meet at .m. at the recreation tment. Agenda items e review of 2014 budg-

sday, September 19 e Green Traffic Safety mission will meet at 1 t the highway commisr’s office. Agenda items e the impact of heavy ment on rural roads am. e Town of Monroe will meet at 7 p.m. at hall. Agenda items e a discussion and ble action on the oe Fire Department act.

present ept. 22

State senator tries to block open records suit MADISON (AP) — A Republican state senator insists an investigative group cannot sue her to obtain records while the Legislature is in session, a stance the group contends would bar anyone from ever suing a sitting lawmaker. The Center for Media and Democracy has been pressing Sen. Leah Vukmir, RWauwatosa, to turn over records from an American Legislative Exchange Council conference she attended in Oklahoma in May. The center has targeted ALEC, a conservative organization that brings legislators and business leaders together to develop model laws for states. Vukmir’s office has released nine pages, according to the center. But CMD officials believe she has more documents and filed a lawsuit in June demanding she turn them over. The Wisconsin Department of Justice, led by Republican Attorney General J.B. Van Hollen, filed a motion on Vukmir’s behalf on Wednesday contending she’s immune from the lawsuit. Assistant Attorney General Dan Lennington argued in the motion that the Wisconsin Constitution prohibits anyone

from filing a civil lawsuit against a lawmaker while the Legislature is in session. “The rationale behind this provision of the Constitution is to prevent Members of the Legislature from being distracted by civil lawsuits and minor criminal violations,” the motion said. “The Constitution places a higher value on Senator Vukmir’s execution of her official duties without distraction or interference from civil lawsuits.” Recent legislative sessions have run continuously from the day lawmakers are sworn in until the next class of lawmakers is sworn in two years later. The next two-year session has typically begun on that day. CMD attorney Brendan Fischer said DOJ’s position would preclude anyone from ever suing lawmakers because the Legislature is never out of session. “This position, if upheld by the court, would reverse decades of history and practice and effectively dismantle Wisconsin’s public records law as it applies to the state legislature,” Fischer said in a statement Friday. Wisconsin Freedom of Information Council President Bill Lueders said in an email to The Associated Press that the council is “shocked” at DOJ’s position.

Disaster preparedness training Sept. 24 MONROE — With September being National Preparedness Month, the City of Brodhead and Green County Emergency Management will host disaster preparedness training from 6:30 to 8 p.m. Tuesday, Sept. 24 in the community room at the Brodhead Memorial Public Library, 1207 25th St. Those attending will have a

chance to win a free weather alert radio. National Preparedness Month was designated nine years ago by the Federal Emergency Management Agency as a time when communities, businesses and households take steps to plan and prepare for emergencies and disasters. The training will demon-

strate steps people can take to be better prepared to deal with the aftermath of emergencies or disasters, such as tornados, flooding, power outages, winter storms and extreme heat. The preparedness training will provide information on what services local, county and state agencies are able to provide following disasters.

DIABETES EXPO September 19, 2013 2:56 pm /

The region’s devotion to ven the partisan toxicity the lakes hasn’t stopped ght now.” Oshkosh who Northwestern 09/14/2013 people from abusing them, Even Republicans ere elected with tea par- from overfishing to treatbacking — Reps. Sean ing them as a dumping

threaten a government shutdown. Thirty-eight members of Congress have signed a letter requesting $300 million for

aries,” said Duffy, who grew up near Lake Superior. “This is a national treasure, so national money should go to it.”

’s Syria State senator attempts to block open records lawsuit ble

ress what they wanted to ear so they would vote or this, and they were lling us all these differnt stories,” Ryan said. On the one side, it was gog to be an unbelievably mall strike aimed not to eally achieve anything. nd then the other side, it as not a pin prick, it was oing to be substantial.” Ryan said Obama’s aproach would do nothing deter Assad from connuing Syria’s civil war nd the delay in action has nly given him time to de his weapons. “After two and a half ears of basically doing othing, we now have seen wo and a half weeks of ontradictory remarks,” yan said. He said it was a little delusional to think e’re going to get a peaceul outcome out of this.” Ryan’s comments ame as U.S. Secretary of tate John Kerry and Rusan Foreign Minister Serey Lavrov met for a secnd day Friday in Geneva ith U.N.-Arab League nvoy Lakhdar Brahimi bout the potential for a ew peace conference reted to Syria.

row tests positive or West Nile

LA CROSSE (AP) — A ad crow is the first rd to test positive for e West Nile virus in La rosse County since alth officials began sting in May. The virus is spread to umans through mosquies. Officials say most ople infected with est Nile don’t get sick. County health director oug Mormann says ople need to be more gilant about protecting emselves against mos-

By Todd Richmond

Associated Press

the Legislature is in session. “The rationale behind this provision of the Constitution is to prevent Members of the Legislature from being distracted by civil lawsuits and minor criminal violations,” the motion said. “The Constitution places a higher value on Senator Vukmir’s execution of her official duties without distraction or interference from civil lawsuits.” Recent legislative sessions have run continuously from the day lawmakers are sworn in until the next class of lawmakers is sworn in two years later. The next two-year session has typically begun on that day. CMD attorney Brendan Fischer said DOJ’s position would preclude anyone from ever suing lawmakers because the Legislature is never out of session. “This position, if upheld by the court, would reverse decades of history and practice and effectively dismantle Wisconsin’s public records law as it applies to the state legislature,” Fischer said in a statement Friday. Wisconsin Freedom of Information Council President Bill Lueders said in an email to The Associated Press that the council is “shocked” at DOJ’s position. “So far as we can re-

call, no lawmaker has ever before tried to defeat the state’s open records law by using this ruse,” Lueders wrote. Vukmir’s office referred questions to DOJ. The agency’s executive assistant, Steven Means, said legislative sessions don’t always run concurrently with lawmakers’ terms but declined to elaborate. He said the agency would respond in court if CMD raises its arguments there. The MacIver Institute for Public Policy, a conservative think tank, filed a lawsuit last year demanding Sen. Jon Erpenbach, D-Middleton, turn over the names and addresses of people who sent him emails during the 2011 fight over passing Gov. Scott Walker’s contentious collective bargaining law. Erpenbach refused to hand over the information, saying he wanted to protect the senders from retaliation. A judge ruled in April he didn’t have to release the data. Erpenbach issued a statement Friday saying Van Hollen refused to represent him and told him to comply with the request. “If you are protecting ALEC,” Erpenbach said, “the Attorney General will jump to represent you, but if you are protecting citizens he apparently cannot be bothered.”

Woman pleads not guilty in deadly bike crash Associated Press

CHIPPEWA FALLS — A woman accused of striking and killing a dentist biking near Stanley has pleaded not guilty. Krista Holler, 27, of Cadott, is charged in Chippewa County Court

cated use of a vehicle. Holler is accused in the death of Robert Tschabrun, 71, who was struck and killed June 1 while riding his bike. A passer-by discovered his body in a ditch along with an abandoned car. Holler was in court

hearing. Witnesses say Holler had been drinking at a tavern and a bonfire before she left. After the accident she called a friend to pick her up, but didn’t contact law enforcement. September 19, 2013 2:58 pm / Holler’s driving license was suspended at

Stevens Point Journal 09/14/2013 6A

WWW.STEVENSPOINTJOURNAL.COM

Copy Reduced to %d%% from original to fit letter page

Local & Wisconsin

SATURDAY, SEPTEMBER 14, 2013

State senator tries to block open records lawsuit fairs, said he would be surprised if her controversial argument held up in court. “It would make the whole open records law a jokeifyoucouldn’tenforce it,” Dresang said. He added that he was surprised the state Justice Department would make such an argument, saying “it seems more partisan than based on logic.” But Assistant Attorney General Daniel P. Lennington argued in the motion that a civil lawsuit can interfere with members’ ability to serve those in their districts. “A civil lawsuit can interfere with a Member’s full participation repre-

senting her constituents, and when a legislator cannot appear because of a civil lawsuit, then the people whom the legislator represents lose their voice in debate and vote,” he wrote. Legislative sessions currently run continuously from the day lawmakers are sworn in until the next swearing in, which is two years later. The next twoyear legislative session typically begins on that day. Brendan Fischer, CMD general counsel, called the motion an “outrageous move.” “It would basically mean the open records law

is optional for lawmakers,” Fischer said. “There would be no penalties if they refuse to comply.” Fischer said it appears Van Hollen is helping to dismantle the open records law in an effort to keep ALEC’s records secret. Vukmir staffer Dean Cady referred questions to the Justice Department, citing ongoing litigation. “There are no allegations in the that complaint against Sen. Vukmir that she denied an open records request or otherwise refused to provide access to responsive records,” said Dana Brueck, Justice Department spokeswoman.

Stevie

Cruelty

the mascot that day. It’s grueling work. But those who get to perform as Stevie join a long and storied tradition of mascots who instantly are recognizable to fans — Bucky Badger; Mr. Met, who represents the New York Mets baseball team; and Brutus Buckeye, who patrols the sidelines at Ohio State University games. The Journal sat down Friday with one of the Stevies, whose name was kept secret to preserve the aura of mystery that surrounds mascots everywhere, and talked about the job and all it entails. Question: How did you became Stevie Pointer? Answer: When I was at UW-Madison, I tried out to be Bucky. (It) turns out there’s a height restriction and they’re very strict on that. When I came here, I didn’t know much about it, but I actually knew a guy who was one of them and he wasn’t able to (do) it due to personal things going on, so I was like, “I can fill in, who do I get ahold of?” Q: What is something that people have to learn to do that’s unique to Stevie? A: I read through the old handbook and there used to be three mascots: Stevie, Stephanie and Mad Dog, so I kind of took all of their personalities and fused them into one. Stephanie is supposed to be flirtatious and spends more time in the crowd, so

dead dogs in other parts of the house. Deputies found the couple living in a camper at a home in New London, with more dogs. Gray told deputies he

was unable to bury the dead dogs because he had been in the hospital for several months, but planned on burying the dogs when he was able. Gray and Spaeth were both released from custody on $2,000 signature bonds and were ordered to have no contact with animals.

Both could face up to 31⁄2 years in prison and fines of up to $10,000 if convicted of the felony charges. They will appear in court for an adjourned initial appearance Sept. 26.

Wisconsin State Journal

cusing her of violating the state’s open records law by failing to turn over records related to her involvement withtheAmericanLegislative Exchange Council, a corporate-financed conservative think tank that prepares legislation for lawmakers. Vukmirfiledamotionin Dane County Circuit Court this week arguing that she isimmunefrombeingsued while she remains in office. The state Department of Justice, led by Republican Attorney General J.B. Van Hollen — charged with enforcing the state’s recordslaw—filedthemotion on her behalf.

Open records advocates argue that Vukmir is claiming to be above the law. “Our state’s openness laws are fundamental to its ability to function as a democracy. Members of the Legislature, which passed these laws, ought to respect that,” the Wisconsin Freedom of Information Councilsaidinastatement. “We call upon Sen. Vukmir to reconsider her position in light of the damage it could cause to the state.” Dennis Dresang, professor emeritus of public affairs and political scienceandfoundingdirector of the UW-Madison La Follette School of Public Af-

Continued from Page 1A

B.C. Kowalski can be reached at 715-345-2251. Follow him on Twitter as @BCreporter.

2nd Annual

Father Dan Farley Walk to Fight ALS

Mike Okray of the University of Wisconsin-Stevens Point athletics department is in charge of keeping Stevie looking good as new and will sometimes clean the suit twice a day. CHRIS JONES/STEVENS POINT JOURNAL MEDIA

I made Stevie more flirtatious. Mad Dog was supposed to, every once in awhile, pick on the refs or be mischievous. Q: During tryout, what is the university looking for? A: Energy and upbeat feel. You can’t just get into the suit and just mope around. You need to be able to bounce from group to group. We put everyone in the suit and you could tell instantly (who would make a good Stevie). Q: What is it like in the outfit? A: Hot. Every now and then, I’ll put temperature tape in there, like the day of the Zumba. It hit 122 degrees. It was warm. Q: What’s the worst part about being Stevie? A: The heat. Now, it’s a lot nicer because we have multiple Stevies so you don’t have to do three games in a row. Q: What is like to have to remain anonymous?

A: The only ones who know are the ones who need to know. The athletes are always saying, “Who’s in there? Do I know you?” and they’re always grabbing your nose. Q: What’s your favorite part about being Stevie? A: Honestly, just putting a smile on people’s faces. Just the idea that everyone is like, “Oh! You’re awesome. I don’t know who you are, but it doesn’t matter.” They don’t have to know who you are and they’re just happy with you being in a suit. Chris Jones can be reached at 715-345-2257. Follow him on Twitter @SPJChrisJones.

Dedicated to Father Dan and all those affected by Lou Gehrig’s Disease in Central WI.

5K Fun Run or walk Saturday, Sept. 21st

8611 State Hwy. 54, Almond Pre-register on-line or day of the event

www.fatherdanalswalk.org For more info. email us at: info@fatherdanalswalk.org Join us for a free-will offering lunch WI-5001704487

By Mary Spicuzza

Estate Planning Seminars September 19, 2013 3:01 pm /

Featuring Attorneys:

Estate Planning Basics

best thing was watching it grow into a huge cabbage plant their trailer and into rushing name. Well, going all the way back water that nearly reached their over summer. I watered it many times a week. When I pulled atertown was originally known as knees. Watertown Daily Times 09/14/2013 the big cabbage plant out of the ground, it had small roots. named after its founder, Timothy She got in her car and tried to The cabbage was so big and heavy that I almost fell over!” led here back in 1836. A few years drive away. ed to its present name of Watertown. “But I only got so far, beually bestowed on us by a promicause the river was rushing at time, Judge Hyer, who was given me, so I threw it in reverse as The name was with us as a town, fast as I could,” Hemme said. “I finally the city designation. was so afraid that I was going to die, that water came so fast.” ways been in abundant supply here Others were less fortunate. the local water is second to none. In The body of a woman who had in the river from where it enters the MADISON (AP) — A Re- higher value on Senator Vuk- been swept away was found t Gate Drive to where it leaves the publican state senator insists mir’s execution of her official Friday near Boulder, raising the north and then south (forming the an investigative group cannot duties without distraction or in- death toll to four. leaves the city limits along County National Guard troops aided sue her to obtain records while terference from civil lawsuits.” gnificant. It’s the abundant water by a break in the weather startthe Legislature is in session, Recent legislative sessions ng Rock River that led Johnson a stance the group contends have run continuously from the ed airlifting 295 residents from te here. Among the first businesses would bar anyone from ever su- day lawmakers are sworn in un- the small community of Jameso agriculture, were tied to the river ing a sitting lawmaker. til the next class of lawmakers town, which has been cut off the upper and lower dams that still The Center for Media and is sworn in two years later. The d a third one, Boomer’s Dam not Democracy has been pressing next two-year session has typimber on the city’s south side. That Sen. Leah Vukmir, R-Wauwa- cally begun on that day. h gone today, but some remnants tosa, to turn over records from CMD attorney Brendan an American Legislative Ex- Fischer said DOJ’s position look in the right spots. change Council conference she would preclude anyone from d to know how Michelle Obama attended in Oklahoma in May. ever suing lawmakers because with her entourage. Well, she The center has targeted ALEC, the Legislature is never out of ison airport and then was brought a conservative organization that session. CLYMAN — Eric Neevel torcade that used the new Highway brings legislators and business “This position, if upheld by of Neevel’s Fine Woodworkg in on the north side of the city, leaders together to develop the court, would reverse de- ing will be participating in the abouts and up to the Endeavour model laws for states. cades of history and practice 2013 Midwest Fine Furnishings We’re told she left the city the same Vukmir’s office has released and effectively dismantle Wis- Show at the Harley Davidson e program we were surprised at the nine pages, according to the consin’s public records law as it Museum in Milwaukee, Oct. center. But CMD officials be- applies to the state legislature,” 4-6. that lined Endeavour Drive, as well lieve she has more documents Fischer said in a statement Frisection with North Church Street, in Neevel is known for pulling and filed a lawsuit in June de- day. a glimpse of the first lady. ideas from traditional pieces of manding she turn them over. Wisconsin Freedom of Infor- furniture to create new designs. he whole process, we saw only two The Wisconsin Department mation Council President Bill In his work he uses hardwoods gns with a negative message about of Justice, led by Republican Lueders said in an email to The such as cherry, walnut and ash. first lady. Watertown is a RepubliAttorney General J.B. Van Hol- Associated Press that the counThe show will offer custom munity but this is the first lady and len, filed a motion on Vukmir’s cil is “shocked” at DOJ’s posi- furniture, home decor, accessoto put aside the politics and pay behalf on Wednesday contend- tion. ries ranging from traditional to lady. We expected nothing less from ing she’s immune from the law“So far as we can recall, no contemporary in a wide variety f Watertown. suit. lawmaker has ever before tried of designs, materials and price Assistant Attorney General to defeat the state’s open re- points. ool and its surroundings had its Dan Lennington argued in the cords law by using this ruse,” cement officials camped out and motion that the Wisconsin Con- Lueders wrote. Previous day’s solution e Secret Service people, some easy stitution prohibits anyone from eir blue blazers, gray pants, all Vukmir’s office referred filing a civil lawsuit against a nd with the telltale earpiece to keep lawmaker while the Legislature questions to DOJ. The agency’s erything. Watertown police also executive assistant, Steven is in session. in the security detail and were vis“The rationale behind this Means, said legislative sessions oth the presentation with the adults provision of the Constitution is don’t always run concurrently tivities. We talked briefly with to prevent Members of the Leg- with lawmakers’ terms but deislature from being distracted clined to elaborate. He said the Roets and he said he was impressed by civil lawsuits and minor agency would respond in court ervice acts with its duties. He said criminal violations,” the motion if CMD raises its arguments ely cooperative and helpful and said. “The Constitution places a there. some great ideas that can be applied s that may arise. The local police, eral law enforcement people, had d. SURE-TRAC entered the high school, they TUBE TOP TRAILER ion cards, were checked off the went through the screening process IN u’d expect at an airport. After that T S OCK! o move to the seating area, but in ked past probably a dozen Secret al law enforcement agents, includog. Then, in the seating area and in e corners were some of the special ng close watch on everything. 5X8, 2,990 GVW, 15-inch wheels with September 19, 2013 3:02 pm / as no need for concern. Everyone E-2 lube hubs, LED lights, and it was a pretty routine security

Senator tries to block open records lawsuit

Furniture show set for Oct. 4-6

su|do|ku

towns in the rain noon aft one com the des sewer g black ge Dama on hold passable to contin

Man dead outs

JUNE Police D of a 53found d outside to Dodg mann. T Anthony moved law enfo An a and the investig death ca

Th for

“Which his fat first,” t said to truth, t the pro the king you.”

PRAYE have wa judgmen you will who pra hypocrit Where than gen sake of cross. K my days

EST.

Waukesha, The Freeman 09/14/2013

RECORDS

SATURDAY, SEPTEMBER 14, 2013 • THE FREEMAN • 7A

nk rs)

pt. 6, 2013

STATE NEWS WAUKESHA

Marion J. Schwartz Oct. 29, 1929 – Sept. 11, 2013

Marion J. Schwartz of Waukesha passed away e Rivers) Wednesday, ed away Sept. 11, 2013, sday, Sept. surrounded by Grove her loving the age of daughters. n ChicaMarion was . born Oct. 29, loving 1929, in Milte Joseph waukee, the nee daughter of Clifford and Ada oved wife (Amend) Merwin. h J. Fink Marion was a longtime, ving active member of St. Joseph Catholic Church. She was Waukeemployed by Waukesha nk of County as a Benefits Specialug (Diane) ist for many years. Marion a. She was a proud supporter, volndmother unteer, member and served n and the on the Board of Directors for r of six the Interfaith Caregiving en. She Network. In her retirement, g aunt of Marion helped many people nephews. and served as guardian ad d in litem for the dependent elderhers, ly. Marion will be rememDeward bered for her many contribuer sister, tions to the community, her integrity and the great pride e held she took in her work with the m. Sunelderly. She was a great cook, e Smithextended generous hospitaliHome, ty to everyone, but more than ., Chicaanything, loved her family. burial Surviving are her daughy at All ters, Sherryll (Randall) Shaddock of Nashotah and Chrissa tine Koss of Waukesha, and n to the her grandchildren, Hope Fund, Reid, Tara Bourgeois, Ave., MilStephanie Schilling and 3841, Joseph Koss. Also surviving ted. are great-grandchildren, Funeral Emmitt, Sawyer, Lydia, he family. Samuel, Alexandra and Prestion, visit ley, and by a sister; Carol ithcorcoLeicher of Cudahy. Marion is 3-736-3833. further survived by nieces, nephews, other relatives and 4, 2013) friends. Marion was preceded in death by her loving husband, Charles; parents; and by her Marks son, Bryan Barker. me to be Visitation for Marion will Thursday, be held from 2 p.m. until the ember 12, 4 p.m. service Sunday, Sept., , at age 87. 15, at the Cesarz, Charapata ng hus& Zinnecker Funeral Home, d of 58 237 N. Moreland Blvd., s to Phyl- Waukesha. Private interment Cherished will be held at Valhalla er of Memorial Park, Milwaukee. an (Jim) In lieu of flowers, memorironi, al contributions in honor of onna Marion may be given to the d Tom

Vukmir blocks open records lawsuit MADISON (AP) – State Sen. Leah Vukmir, RWauwatosa, is insisting an investigative group cannot sue her to obtain records while the Legislature is in session, a stance the group contends would bar anyone from ever suing a sitting lawmaker. The Center for Media and Democracy has been pressing Vukmir to turn over records from an American Legislative Exchange Council conference she attended in Oklahoma in May. The center has targeted ALEC, a conservative organization that brings legislators and business leaders together to develop model laws for states. Vukmir’s office has released nine pages, according to the center. But CMD officials believe she has more documents and filed a lawsuit in June, demanding she turn them over. The Wisconsin Department of Justice, led by Republican Attorney General J.B. Van Hollen, filed a motion on Vukmir’s behalf on Wednesday contending she’s immune from the lawsuit. Assistant Attorney General Dan Lennington argued in the motion that the Wisconsin Constitution prohibits anyone from filing a civil lawsuit against a lawmaker while the Legislature is in session. ‘‘The rationale behind this provision of the Constitution is to prevent Members of the Legislature from being distracted by civil lawsuits and minor criminal

violations,’’ the motion said. ‘‘The Constitution places a higher value on Senator Vukmir’s execution of her official duties without distraction or interference from civil lawsuits.’’

Kenosha teachers union is decertified KENOSHA (AP) – The Kenosha teachers union, representing educators in Wisconsin’s third largest school district, has been decertified and cannot bargain base wages with the district. Under Act 10, unions are required to file for annual recertification by Aug. 30 if they want to be recognized as a bargaining unit. Teacher contracts in Kenosha, Janesville and Milwaukee expired this summer and the unions were required to recertify. Milwaukee and Janesville filed with the state by the deadline, but Kenosha did not, according to Peter Davis, general counsel of the Wisconsin Employment Relations Commission. Christina Brey, from the Wisconsin Education Association Council, downplayed the decertification, saying it’s just another hoop for local unions to jump through. ‘‘It seems like the majority of our affiliates in the state aren’t seeking re-certification so I don’t think the KEA is an outlier or unique in this,’’ she said. Brey said the union still exists with or without the recertification vote. ‘‘They just can’t negotiate over a small portion of what they want a voice in,’’ she

said. Act 10 limits the unions’ bargaining to base wage increases, which are tied to inflation as measured by the Consumer Price Index.

Judge upholds UW doctor malpractice cap MADISON (AP) – A Dane County judge has upheld a $250,000 malpractice cap for University of WisconsinMadison doctors. The case involves a Verona woman who won a $1.8 million jury award in her husband’s death, as the jury found a UW doctor was negligent. Terri Fiez challenged the malpractice cap set for UW doctors and other state employees. Judge John Markson ruled Fiez had not shown the cap was unconstitutional. The judge urged the state Supreme Court to take the case because the $250,000 cap was set by the Legislature 34 years ago. ‘‘I believe the plaintiffs provide cogent arguments that deserve close examination by our Supreme Court, which is the only court that can modify or overrule the decisions that I believe are controlling,’’ Markson wrote. An equivalent cap today would be $800,000, he said. ‘‘How does it meet the rational-basis test to cap Ms. Fiez’s damages at 14 percent of what the jury believed fair and reasonable ... ?’’ the judge wrote. Fiez’s attorney, Eric Farnsworth, said he likely will appeal. Farnsworth said he was encouraged by Markson’s ‘‘very obvious belief ... that this is a hugely out-ofdate law.’’

NATION/WORLD Investigators: 36,000 workers got $1.3 billion in improper disability payments WASHINGTON (AP) – Social Security made $1.3 billion in potentially improper disability payments to people who had jobs when they were supposed to be unable to work, congressional investigators said in a report Friday. The Government Accountability Office estimated that 36,000 workers got improper payments from December 2010 to January 2013. The numbers represent less than 1 percent of beneficiaries and less than 1 percent of disability payments made during the

more than 99 percent. But the agency noted that even small errors translate into big numbers.

Advocates turn to Obama for action on immigration WASHINGTON (AP) – With immigration legislation stalled in Congress, advocates are intensifying pressure on the Obama administration to act unilaterally to stop deportations or grant legal status to some of the 11 million people now living in the U.S. illegally. Activists are stepping up acts of civil disobedience like one last month in Phoenix, 19, a2013 / where September they blocked bus3:03 full pm of immigrant detainees. And labor leaders plan to press

WISCONSIN

SATURDAY, SEPTEMBER 14, 2013

WWW.WAUSAUDAILYHERALD.COM

State senator tries to block open records lawsuit

Wausau Daily Herald 09/14/2013 By Mary Spicuzza Wisconsin State Journal

Ryan: Obama’s Syria strategy not credible By Scott Bauer Associated Press

— U.S. Rep. Paul Ryan tore into President Barack Obama’s Syria strategy on Friday, calling it an “embarrassing spectacle” that has hurt the country’s credibility and is unlikely to have a peaceful outcome. Ryan, who on Wednesday issued a statement opposing Obama’s approach, expanded on his position in response to a question following his speech to a business group in Brookfield. “I’ve been kind of biting my tongue all week, out of deference to the office of the president,” Ryan said, before unleashing on Obama’s plan for limited military strikes. “I do not support this action,” Ryan told a soldout audience at the annual meeting of the Waukesha County Business Alliance. “I do not think the president has presented anything close to a coherent strategy. … I just think it’s been so poorly handled and it has damaged our credibility as a country.” Ryan did not offer his own plan for dealing with Syria. Obama began trying to win support at home and abroad for a punitive military strike on President Bashar Assad’s forces, but put that effort on hold when the Syrian government expressed willingness to turn over chemical weapons to international control. In an address to the nation Tuesday night, ObaBROOKFIELD

ma conditionally endorsed a Russian offer for international inspectors to seize and destroy chemical weapons in Syria. He also asked Congress to delay a vote on a resolution authorizing limited military strikes. “This last week has kind of been an embarrassing spectacle for U.S. foreign policy,” Ryan said. “The briefings we got, it was like they were telling everybody in Congress what they wanted to hear so they would vote for this, and they were telling us all these different stories,” Ryan said. “On the one side, it was going to be an unbelievably small strike aimed not to really achieve anything. And then the other side, it was not a pin prick, it was going to be substantial.” Ryan said Obama’s approach would do nothing to deter Assad from continuing Syria’s civil war and the delay in action has only given him time to hide his weapons. “After two and a half years of basically doing nothing, we now have seen two and a half weeks of contradictory remarks,” Ryan said. He said it was “a little delusional to think we’re going to get a peaceful outcome out of this.” Ryan’s comments came as U.S. Secretary of State John Kerry and Russian Foreign Minister Sergey Lavrov met for a second day Friday in Geneva with U.N.-Arab League envoy Lakhdar Brahimi about the potential for a new peace conference related to Syria.

Copy Reduced to %d%% from original to fit letter page

in debate and vote,” he wrote. Legislative sessions currently run continuously from the day lawmakers are sworn in until the next swearing in, which is two years later. The next

two-year legislative session typically begins on that day. Brendan Fischer, CMD general counsel, called the motion an “outrageous move.” “It would basically

mean the open records law is optional for lawmakers,” Fischer said. “There would be no penalties if they refuse to comply.” Fischer said it appears Van Hollen is helping to

dismantle the open records law in an effort to keep ALEC’s records secret. Vukmir staffer Dean Cady referred questions to the Justice Department, citing ongoing litigation.

WWW.WAUS

TOP 5

Books ab

1. “The Living 2. “A 1,000-M 3. “Lake Supe 4. “Great Lak Wayne Sapul 5. “Shipwrec

Source: Janke

WA F

2013

RAM 1500 QUAD SLT 4X4 STOCK #1536

LEASE FOR $259* PER MONTH 24 MO./10K MILES PER YR.

($2,999 DUE AT SIGNING W/OUT TRADE-IN) 2013

CHRYSLER 200 STOCK #982

LEASE FOR $119* PER MONTH 24 MO./10K MILES PER YR.

($2,999 DUE AT SIGNING W/OUT TRADE-IN) 2013

DODGE GRAND CARAVAN SXT STOCK #1567

LEASE FOR $249* PER MONTH

Plan

all bulb such tr garden as tulip dils, crocuses cinths. But the many other fa that can be sel well, to provid garden with w color next yea Other bulbs should be plan for spring bloo allium, or orna onion, crown i irises, squill, a winter aconite drops, glory of and Asiatic lili The key to e gardening wit ed bulbs is to p large quantitie drifts of color. in single rows doesn’t provid mate visual im are after, espe tulips, as these need to be rep ery few years. Of all the fa bulbs, daffodil ones that mult spread the fas just one season triple your num daffodil bloom the bulbs and s the smaller bu grow to the sid main bulb. Rep arating just a f from the main Most garde large retail sto home stores se packaged tulip fodil bulbs, alo of the other co spring bloomi ties. Normally bulbs arrive in about Labor D until supplies sometimes thr Christmas hol son. You’ll also forcing kits th use to force bu indoor blooms winter. When shopp fall planting b bulb growers h the job of selec favorite colors binations easie packaging the mixtures or bl example, you m a blend of red, blue tulips. Or

24 MO./10K MILES PER YR.

($2,999 DUE AT SIGNING W/OUT TRADE-IN)

2525 Grand Avenue, Wausau, WI 715-842-4646 www.bricknersofwausau.net

ROOFING Insula All Ho Improve

Senior Citizen

Sin

WAU

ROOFING

wausauroofinga WI-5001691983

September 19, 2013 3:04 pm /

*PlusTax,Title, ax Title License, License First Month Payment Payme ayment nt and and FFees to Qualiﬁed Buyers. See store for details.

(715)675

Wisconsin Rapids, Daily Tribune 09/14/2013

Copy Reduced to %d%% from original to fit letter page DAILY TRIBUNE, WISCONSIN RAPIDS

Wisconsin

Lawmaker tries Waupaca Count face animal cru to block open records lawsuit By B.C. Kowalski

By Mary Spicuzza Wisconsin State Journal

MADISON — Open government advocates are crying foul after a Republican state senator argued a liberal group cannot sue her over public records while the Legislature is in session. Should Sen. Leah Vukmir, R-Wauwatosa, prevail, lawmakers could refuse to comply with the records law and could not be sued for any reason, observers said. Vukmir has been in a legal battle with the Madison-based Center for Media and Democracy for months, with the group accusing her of violating the state’s open records law by failing to turn over records related to her involvement with the American Legislative Exchange Council, a corporate-financed conservative think tank that prepares legislation for lawmakers. Vukmir filed a motion in Dane County Circuit Court this week arguing that she is immune from being sued while she remains in office. The state Department of Justice, led by Republican Attorney General J.B. Van Hollen — charged with enforcing the state’s records law — filed the motion on her behalf. Open records advocates argue that Vukmir is claiming to be above the law. “Our state’s openness laws are fundamental to its ability to function as a democracy. Members of the Legislature, which passed these laws, ought to respect that,” the Wisconsin Freedom of Information Council said in a statement. “We call upon Sen. Vukmir to reconsider her position in light of the damage it could cause to the state.” Dennis Dresang, professor emeritus of public affairs and political science and founding director of the UW-Madison La Follette School of Public Affairs, said he would be

surprised if her controversial argument held up in court. “It would make the whole open records law a joke if you couldn’t enforce it,” Dresang said. He added that he was surprised the state Justice Department would make such an argument, saying “it seems more partisan than based on logic.” But Assistant Attorney General Daniel P. Lennington argued in the motion that a civil lawsuit can interfere with members’ ability to serve those in their districts. “A civil lawsuit can interfere with a Member’s full participation representing her constituents, and when a legislator cannot appear because of a civil lawsuit, then the people whom the legislator represents lose their voice in debate and vote,” he wrote. Legislative sessions currently run continuously from the day lawmakers are sworn in until the next swearing in, which is two years later. The next two-year legislative session typically begins on that day. Brendan Fischer, CMD general counsel, called the motion an “outrageous move.” “It would basically mean the open records law is optional for lawmakers,” Fischer said. “There would be no penalties if they refuse to comply.” Fischer said it appears Van Hollen is helping to dismantle the open records law in an effort to keep ALEC’s records secret. Vukmir staffer Dean Cady referred questions to the Justice Department, citing ongoing litigation. “There are no allegations in the that complaint against Sen. Vukmir that she denied an open records request or otherwise refused to provide access to responsive records,” said Dana Brueck, Justice Department spokeswoman.

For Daily Tribune Media bkowalski@gannett.com

NEW LONDON — A Waupaca County couple was charged this week with animal cruelty after two dogs were found “mummified” at their abandoned home. Joshua Gray, 20, and Teresa Spaeth, 34, both of New London, were charged with two counts of felony mistreatment of animals causing death in Waupaca County Court on Wednesday after the discovery of two dead dogs on their property. The couple also was charged with five counts of misdemeanor animal cruelty. According to the criminal complaint, deputies were alerted to the two dead dogs Aug. 20 after the abandoned house at N5751 Gurholt Road in the town of Scandinavia that the two rented was condemned by the Waupaca County

Heath and Hum partment. The ho covered in feces filled with garba The two dogs Chase and a min named Cleo, wer van cay com uty as “ S ties a ra wer Joshua hav Gray the moved from the power was shut Spaeth said they dogs about every Authorities a dog and several p er at the Scand and other dead d

DEAL of

sum

Hot Smartphon at prices that won’t make you sweat.

September 19, 2013 3:05 pm /

Marinette, EagleHerald 09/14/2013

Saturday, September 14, 2013

State senator tries to block open records lawsuit

The Associated Press

federal “area of concern” because of indusdministration program that seeks to finish

rogram rtisanship

hat’s almost en the partiht now.” blicans who ith tea party Reps. Sean id Ribble of and Dan Michigan — protect the rony isn’t lost contend that deral expense mmune. e a lot of soconservative have their said Jack tea party mer Michigan r who ran for Congress. re elected, d, he’d vote Great Lakes

d be out of a s later,” he

devotion to the opped people em, from over-

money. Obama endorsed the strategy and requested ample funding. The federal grants go to government agencies, nonprofits, Indian tribes and universities. They’ve restored wildlife habitat, advanced cleanups of river mouths fouled with PCBs, strengthened defenses against a dreaded Asian carp attack and backed research of toxic algae blooms. The congressional supporters are pushing the program this fall even as conservatives gear up for another clash with Obama over spending that could threaten a government shutdown. Thirty-eight members of Congress have signed a letter requesting $300 million for 2014. A bill introduced by Joyce calls for $475 million. This is not pork-barrel spending, backers insist. It’s based on science and getting results, said Todd Ambs, director of a coalition of pro-

MADISON, Wis. (AP) — A Republican state senator insists an investigative group cannot sue her to obtain records while the Legislature is in session, a stance the group contends would bar anyone from ever suing a sitting lawmaker. The Center for Media and Democracy has been pressing Sen. Leah Vukmir, RWauwatosa, to turn over records from an American Legislative Exchange Council conference she attended in Oklahoma in May. The center has targeted ALEC, a conservative organization that brings legislators and business leaders together to develop model laws for states. Vukmir’s office has released nine pages, according to the center. But CMD officials believe she has more documents and filed a lawsuit in June demanding she turn them over. The Wisconsin Department of Justice, led by Republican Attorney General J.B. Van Hollen, filed a motion on Vukmir’s behalf on Wednesday contending she’s immune from the lawsuit. Assistant Attorney General Dan Lennington argued in the motion that the Wisconsin Constitution prohibits anyone from filing a civil lawsuit against a lawmaker while the Legislature is in session. “The rationale behind this provision of the Constitution is to prevent Members of the Legislature from being distracted by civil lawsuits and minor criminal violations,” the motion said. “The Constitution places a

Did you know? Mugs are just one of the things you can order by clicking

Reprints

higher value on Senator Vukmir’s execution of her official duties without distraction or interference from civil lawsuits.” Recent legislative sessions have run continuously from the day lawmakers are sworn in until the next class of lawmakers is sworn in two years later. The next two-year session has typically begun on that day. CMD attorney Brendan Fischer said DOJ’s position would preclude anyone from ever suing lawmakers because the Legislature is never out of session. “This position, if upheld by the court, would reverse decades of history and practice and effectively dismantle Wisconsin’s public records law as it applies to the state legislature,” Fischer said in a statement Friday. Wisconsin Freedom of Information Council President Bill Lueders said in an email to The Associated Press that the council is “shocked” at DOJ’s position. “So far as we can recall, no lawmaker has ever before tried to defeat the state’s open records law by using this ruse,” Lueders wrote. Vukmir’s office referred questions to DOJ. The agency’s executive assistant, Steven Means, said legislative sessions don’t always run concurrently with lawmakers’ terms but declined to elaborate. He said the agency would respond in court if CMD raises its arguments there.

Newspaper in Education The N.I.E. program is September 18, 2013 9:15 pm / co-sponsored by the EagleHerald and the

ount of residents that ordinances.

“We kept getting more and more kids with sexual identity

countyoutinoctober and facebook/ therubyproject.us.

Beloit Daily News 09/13/2013

AL ROUND-UP

ecial rical m.

oters rket vote they . ersaution, ssing

es of aging onal t the chniand

w to t the .

Kenosha casino gains some support MADISON, Wis. (AP) — Eight of the 11 federally recognized American Indian tribes in Wisconsin say they support the Menominee tribe’s attempt to build a new casino in Kenosha. The Menominee issued a press release on Thursday saying they had the support of all but three of the state’s tribes for the project. They urged Gov. Scott Walker to approve building the casino. Walker has said he won’t approve it unless there is unanimous consensus among all 11 tribes. The three tribes that did not sign Thursday’s statement were the Ho-Chunk Nation, Forest County Potawatomi, and the Oneida Tribe. The Potawatomi operate a casino just 40 miles away from Kenosha in Milwaukee and have vehemently opposed the Menominee’s plans.

Senator tries to block open records lawsuit MADISON, Wis. (AP) — A Republican state senator is arguing that she can’t be sued while the Legislature is in session in order to avoid turning over public records. The Milwaukee Journal Sentinel reported Friday that state Sen. Leah Vukmir is using that argument to avoid an open records lawsuit filed by the liberal Center for Media and Democracy. The center sued Vukmir in June contended that she had violated the open records law by not turning over records related to her involvement with the American Legislative Exchange Council.

CORRECTION In a story about the South Beloit Businessmen’s Association Pig Roast, which ran in Thursday’s edition of the Beloit Daily News, the wrong date for the event was listed. The pig roast will be held Sept. 21.

September 19, 2013 3:05 pm /

Dental school: Marshfield Clinic ponders partnership with UW System. 3B

No election race: Alderman helps chase down holdup suspects. 3B Milwaukee, Journal Sentinel 09/13/2013 Copy Reduced to %d%% from original to fit letter page Fall TV: If it works, it’s running. Encore/6B

Every purchase at Steins from Sept. 11 thru Sept. 17 receives a $10 Bonus Cash.

Then,Sept. 18 thru Sept. 24 and save $10 on your purchase of $50 or more.

GARDENS & GIFTS

D: Go to www.jsonline.com/newsletters to have a free news digest sent to your inbox each weekday, and when major news breaks

re.

pet

Vukmir tries to divert records suit

By PATRICK MARLEY and JASON STEIN pmarley@journalsentinel.com

Madison — State Sen. Leah Vukmir is trying to sidestep an open records lawsuit by claiming she can’t be sued while in office — a legal argument that, if successful, would let all lawmakers ignore the open records law. The liberal Center for Media and Democracy sued Vukmir (R-Wauwatosa) in June contending she had violated the open records law by not turning over records related to her involvement with the American Legislative Exchange Council. ALEC works with corporations and conservatives to write model legislation that can be introduced in

In new approach to open records law, senator says she can’t be sued in office state legislatures throughout the country. On Wednesday, Vukmir filed a motion in Dane County Circuit Court arguing she is immune from lawsuit while she remains in office. The motion was filed on her behalf by Republican Attorney General J.B. Van Hollen’s Department of Justice. The position Vukmir and Van Hollen are taking differs sharply from those taken by other lawmakers who have been sued in recent

years under the open records law. In those cases, legislators from both parties have either acknowledged they violated the records law and turned over documents or fought the cases in court. “It’s pretty shocking,” said Brendan Fischer, general counsel for the center that brought the suit. “Open records are a basic part of their legislative duties,” he said. “To not be able to hold them to account has the potential to undermine the law, clean government

and citizens’ trust in government.” Vukmir declined comment through an aide. Steven Means, Van Hollen’s executive assistant, declined to comment on the specifics of the case but said the state constitution is clear on legislative immunity. The state constitution says lawmakers are not “subject to any civil process during the session of the Legislature.” Vukmir contends in her motion that the legislative session lasts the entire term of a state representative — meaning legislators are in session from the moment they are first elected until Please see RECORDS, 5B

to ve e-

ids

n ned

. v-

an a

er ly, or py-

ast ou s.)

at me

wk. in

MARK HOFFMAN / MHOFFMAN@JOURNALSENTINEL.COM

First lady Michelle Obama plays a ring toss game Thursday with a student at Watertown High School during a visit to launch a nationwide campaign to get Americans to drink more water. The effort brings together the “Let’s Move!” program with the Partnership for a Healthier America. See more at jsonline.com/photos.

First lady pitches benefits of water

“Now, I’m sure there are a lot of people out there who might be asking — water? Really, water?

Michelle Obama in Watertown to launch national campaign By BILL GLAUBER and KAREN HERZOG bglauber@journalsentinel.com

Watertown — First lady Michelle Obama has been trying to get American kids to become more physically active

deal?” Obama said. “It’s not new. It Partnership for a Healthier America doesn’t come in different colors or and is backed by government, media, shapes. In fact, it doesn’t even have a 19, industry, nonprofit September 2013 3:07 pm / groups and municicolor or a shape. And to be honest with palities. you, not long ago, I might have been The Drink Up drop-of-water logo will

a lot of jocks. This looks like a school that keeps moving all Milwaukee, Journal Sentinel 09/13/2013 the time.” Obama and the students raised their water bottles and

From page 1

RECORDS

Senator tries to block suit they leave office, perhaps many years later. Susan Crawford, a Madison attorney who has served as an assistant attorney general and chief counsel to former Democratic Gov. Jim Doyle, said she had never seen the Department of Justice raise such a defense. She said the immunity provision is in the constitution to protect the public from losing its voice in the Legislature because of legal proceedings, not to help legislators avoid complying with laws. “I think the attorney general’s position is a radical misinterpretation of that provision” of the constitution, Crawford said. “I’ve never heard a legislator asserting they’re above the law, which is what she’s

make every day,” said Kelli Stader, nutrition coordinator with the Chronic Disease Prevention Unit of the Wisconsin Division of Public Health.

“Despite that I like Michelle Obama, I’m pretty skeptical about how much a campaign for drinking more water would accomplish,”

doing. You have to wonder what she’s trying to hide.” Vukmir’s argument that she is immune from lawsuit resulted in a bizarre match of cat and mouse in the Capitol. According to affidavits in the lawsuit and an interview with Vukmir aide Jason Rostan, process server Bruce Lowrey tried on Aug. 30 and Sept. 3 to serve Vukmir at her office. On the second visit to her office, Lowrey left the papers with Rostan. Lowrey left the office and was followed by Rostan, who attempted to push the papers back at Lowrey. Both men claim the other swore at them. In the squabbling, Lowrey fell down, with Lowrey claiming he was pushed by Rostan and Rostan claiming Lowrey tripped while backing away. Chris Lowrey, Bruce’s wife and the head of their Madison business, came back to the office to serve Vukmir and had another dispute with Rostan over whether she could serve the senator by giving him the papers. Emphasizing that she was a registered Republican who was simply acting on be-

half of a client, Lowrey said she’s served other politicians and never had their aides behave in such an “embarrassing” way. Rostan said he was following the instruction of the Department of Justice and denied doing anything inappropriate. He blamed the servers for the incidents. Vukmir’s response to the lawsuit is at odds with how five of her Republican colleagues reacted when sued last year by the same center for ALEC records. In October, those five legislators quickly settled their cases by turning over records they had been withholding. The center is demanding that Vukmir turn over records related to her May visit to an ALEC task force meeting in Oklahoma City. ALEC has come under scrutiny in recent years over its support for proposals such as voter ID laws and “standyour-ground” gun laws, and some corporations have parted with ALEC because of the controversy.

water.”

Bill Glauber reported for this story Watertown and Karen Herzog in Milwaukee.

Twitter: twitter.com/patrickdmarley

September 19, 2013 3:08 pm /

Monroe Times 09/13/2013

Copy Reduced to %d%% from original to fit letter page

Lawsuit server says Wisconsin aide pushed him MADISON (AP) — A process server has accused a legislative aide of pushing him down and calling him names when he tried to serve a Republican state senator with a lawsuit. The Center for Media and Democracy filed a lawsuit against Sen. Leah Vukmir in June seeking documents the center believes Vukmir obtained during an American Legislative Exchange Council conference in May, The Wisconsin State Journal reported in Thursday’s editions. According to affidavits attached to the lawsuit, Bruce Lowery tried to serve Vukmir on Sept. 3 in her Capitol office. Lowery said Vukmir aide Jason Rostan chased him, pushed him down outside the Capitol and called him vulgar names as he tried to force the papers back in Lowery’s pockets. Lowery’s business partner and wife, Chris Lowery, returned to Vukmir’s office the next day and tried to serve Rostan, who held his hands behind his back and refused to accept the papers. She finally touched them to his hands to make the service legal and left them on a desk. “I’m a Republican, and I was disgusted with their behavior,” Chris Lowery told the State Journal. Rostan told the newspaper the state Department of Justice told Vukmir’s staff not to accept service in the case. DOJ spokeswoman Dana Brueck said in an email to The Associated Press on Thursday

“I’m a Republican and I’m disgusted with their behavior.” – Chris Lowery

that the agency doesn’t comment on what advice it may or may not give to clients. However, she said generally DOJ attorneys believe legislators should not accept service of a lawsuit because they’re immune from civil lawsuits when the Legislature is in session. Most attorneys and law firms who regularly sue the state know the department is willing to accept service so servers don’t have to chase lawmakers down at the Capitol, Brueck added. Brendan Fischer, general counsel for the Center for Media and Democracy, said in an interview with the AP that DOJ’s position would make it impossible for anyone to force legislators to follow Wisconsin’s open meetings law. He also said Vukmir’s aide did the chasing, not the process server. Rostan, 38, acknowledged to the State Journal that he followed Lowery and tried to force him to take the court papers back. He said Lowery tripped and fell while refusing to take the papers. “Looking back on it all, I should have just let it go,” he told the newspaper.

RECORD

Free yard waste drop-off is Saturd MONROE — A free yard waste drop-off for the City of Monroe will be held from 7 a.m. to noon Saturday, Sept. 14 at the streets and sanitation department, 1064 5th Ave. Yard waste includes leaves, grass clippings, garden plants, sticks and branches.

Yard waste shoul clear or blue waterp with a capacity of than 33 gallons an 60 pounds or less branches, brush, st other yard waste n bagged should be bundles. For more informa the city’s web www.cityofmonroe

Traffic Court GREEN COUNTY

■ Lashawn N. Adams, 18, Monroe, driving without required lamps lighted, $162.70 ■ Lashawn N. Adams, 18, Monroe, driving while suspended, $200.50 ■ Lashawn N. Adams, 18, Monroe, possessing drug paraphernalia, $389.50 ■ Lashawn N. Adams, 18, Monroe, underage drinkingpossessing, $263.50 ■ Javian Qu Ran Adams, 17, Freeport, underage drinking-possessing, $263.50 ■ Debra L. Amacher, 52, Monroe, seatbelt violation, $10 ■ Elizabeth S. Baker, 43, Monroe, driving a vehicle without insurance, $200.50 ■ Elizabeth S. Baker, 43, Monroe, non-registration of vehicle, $175.30 ■ Alexander M. Barenklau, 18, Monroe, underage drinking-possessing, $175.30 ■ Danielle A. Bauer, 27, Monroe, driving while suspended, $200.50 ■ Danielle A. Bauer, 27, Monroe, driving while suspended, $200.50 ■ Jacob Robert Bender, 17, Juda, improper signal for stop/turn, $175.30 ■ Cassandra R. Benner, 19, Juda, underage drinking-possessing, $175.30 LOTTERY ■ Marion F. Berndt, 67, Monroe, seatbelt violation, Badger 5 Illinois Lottery $10 Numbers Thursday were: Numbers Thursday were: 03■ Robert Preston Bevins, Pick Three-Midday: 0-7-4 05-12-20-22 45, Monroe, driving while Pick Four-Midday: 1-7-3-8 SuperCash suspended, $200.50 My Three-Midday: 7-9-3 September 19, 2013 3:09 pm / Numbers Thursday were: 11■ Robert Preston Bevins, Lucky Day Lotto-Midday: 0326-27-30-37-38 45, Monroe, failing to yield 05-20-30-35

$263.50 ■ Jordan M. Geig Beloit, disorderly c $263.50 ■ Jay H. Gierhart Monroe, vehicle fo too closely, $200.50 ■ Jay H. Gierhart Monroe, driving a v without insurance, ■ Harrison J. Gor Middleton, open in in vehicle-passenge $200.50 ■ Wilma Louise Monroe, seatbelt vi $10 ■ Wilma Louise Monroe, non-regist vehicle, $175.30 ■ Kevin W. Haffe Monroe, seatbelt vi $10 ■ Jesse Hunter H 18, Monticello, driv revocation/suspensi registration, $175.3 ■ Austin J. Heinz Monroe, excessive tion/squealing of tir $263.50 ■ Scott K. Hendr Brodhead, theft, $3 ■ James J. Hendr 53, Monroe, driving without proof of in $10 ■ James J. Hendr 53, Monroe, non-re tion of vehicle, $17 ■ Joel L. Henry, Monroe, underage possessing, $213.10 ■ Angela M. Hes Browntown, non-re tion of vehicle, $17 ■ Angela M. Hes Browntown, drivin valid license, $200. ■ Kay A. Hesselb 72, Apple River, Ill ing from designated

lion spent in the first six the reason for the demonths of 2011. Overall crease is the state of the economy,” he said in a hours spent on lobbying Oshkosh Northwestern 09/13/2013 also decreased by 25 per- statement. “Most companies and organizations cent compared with 2011.

dfire mages

y the Wisconsin ces shows a wildfire in fire that damaged a 10-mile western Wisconsin this n in damage, according to s most of the affected land.

said. The property was not insured for fire damage. The DNR said Monday the logging company was responsible for the fire and that employees withheld information about details after the fire broke out. The DNR charged the owner of the tree-cutting machine, Ray Duerr Logging, $600,000 for costs associated with the firefighting operation. Ross said it was too early to say whether his company would seek damages from Duerr. Duerr attorney Bill Grunewald said Wednesday he wasn’t prepared to make a statement.

de-icing rine

saved $40,000 in 20092010. The county’s brine is supplied by F & A Dairy, which otherwise would have to find another way of disposing of the waste. Milwaukee is looking

with $323,506, and Wisconsin Manufacturers and Commerce at $294,823. Also notable was that

in the first six months of 2013. The council had been near the top on spending over the past four years.

Lawsuit server claiming legislative aide pushed him Associated Press

called him vulgar names as he tried to force the papers back in Lowery’s pockets. Lowery’s business partner and wife, Chris Lowery, returned to Vukmir’s office the next day and tried to serve Rostan, who held his hands behind his back and refused to accept the papers. She finally touched them to his hands to make the service legal and left them on a desk. “I’m a Republican, and I was disgusted with their behavior,” Chris Lowery told the State Journal. Rostan told the newspaper the state Department of Justice told Vukmir’s staff not to accept service in the case. DOJ spokeswoman Dana Brueck said in an email to The Associated Press on Thursday that the agency doesn’t comment

on what advice it may or may not give to clients. However, she said generally DOJ attorneys believe legislators should not accept service of a lawsuit because they’re immune from civil lawsuits when the Legislature is in session. Most attorneys and law firms who regularly sue the state know the department is willing to accept service so servers don’t have to chase lawmakers down at the Capitol, Brueck added. Rostan, 38, acknowledged to the State Journal that he followed Lowery and tried to force him to take the court papers back. He said Lowery tripped and fell while refusing to take the papers. “Looking back on it all, I should have just let it go,” he told the newspaper.

Severe drought expands in region

The area of severe drought now extends across the northern Twin Cities metro area into western Wisconsin, as well as down a ribbon of land along the Mississippi River to the southeast corner of Minnesota. Eighteen percent of Wisconsin is now in a severe drought, up from close to 7 percent last week.

BRIEFS 8 of 11 tribes voice support for casino MADISON (AP) — Eight of the 11 federally recognized American Indian tribes in Wisconsin say they support the Menominee tribe’s attempt to build a new casino in Kenosha. The Menominee issued a press release on Thursday saying they had the support of all but three of the state’s tribes for the project. They urged Gov. Scott Walker to approve building the casino. Walker has said he won’t approve it unless there is unanimous consensus among all 11 tribes. The three tribes that did not sign Thursday’s statement were the HoChunk Nation, Forest

MINNEAPOLIS (AP) —

This week’s update from the U.S. Drought Monitor shows that an area of severe drought in central Minnesota has expanded eastward into Wisconsin. More than 7 percent of Minnesota is in a severe drought as of Thursday, up from more than 4 percent a week earlier.

C & K Services, Inc. SINCE 1978

ROOFING

Serving the Fox Valley Area

GUTTERS

Call C&K for your interior remodeling projects as well! September 19, 2013 3:10 pm /

DECKS

Stevens Point Journal. Stevens Point Journal 09/13/2013

Lawsuit server claims aide pushed him Associated Press

MADISON — A process server has accused a legislative aide of pushing him down and calling him names when he tried to serve a Republican state senator with a lawsuit. The Center for Media and Democracy filed a lawsuit against Sen. Leah Vukmir in June seeking documents the center believes Vukmir obtained during an American Legislative Exchange Council conference in May, The Wisconsin State Journal reported in Thursday’s editions. According to affidavits attached to the lawsuit, Bruce Lowery tried to serve Vukmir on Sept. 3 in her Capitol office. Lowery said Vukmir aide Jason Rostan chased him, pushed him down outside the Capitol and called him vulgar names as he tried to force the papers back in Lowery’s pockets. Lowery’s business partner and wife, Chris Lowery, returned to Vukmir’s office the next day and tried to serve Rostan, who held his hands behind his back and refused to accept the papers. She finally touched them to his hands to make the service legal and left them on a desk.

“I’m a Republican, and I was disgusted with their behavior,” Chris Lowery told the State Journal. Rostan told the newspaper the state Department of Justice told Vukmir’s staff not to accept service in the case. DOJ spokeswoman Dana Brueck said in an email to The Associated Press on Thursday that the agency doesn’t comment on what advice it may or may not give to clients. However, she said generally DOJ attorneys believe legislators should not accept service of a lawsuit because they’re immune from civil lawsuits when the Legislature is in session. Most attorneys and law firms who regularly sue the state know the department is willing to accept service so servers don’t have to chase lawmakers down at the Capitol, Brueck added. Rostan, 38, acknowledged to the State Journal that he followed Lowery and tried to force him to take the court papers back. He said Lowery tripped and fell while refusing to take the papers. “Looking back on it all, I should have just let it go,” he told the newspaper.

made it easier to open an iron ore mine near Lake Superior, according to a report released Thursday. Aside from the state budget, no other proposal garnered more lobbyist attention in the first half of 2013, the report from the Government Accountability Board showed. The expansive state budget, introduced at the beginning of every odd-numbered year, traditionally dominates legislative debate and lobbying as it touches on the lives of most residents and dozens of special interests. More than 309 hours were spent per lawmaker lobbying the budget, the report showed. The two most heavily lobbied topics were health services and public instruction. Gov. Scott Walker’s budget included his proposal expanding the taxpayer subsidized voucher school program and rejection of federal money to expand Medicaid. Those issues, along with other proposals related to Medicaid and education funding, dominated legislative debate of the two-year spending plan. Overall lobbying over the first six months of the year was down compared with 2011 and 2009, despite the intense lobbying effort. Lobbying organizations reported spending $17.1 million this year. That is down by 28 percent from the $23.9 million spent in the first six months of 2011. Overall hours spent on lobbying also decreased by 25 percent compared

September 19, 2013 3:11 pm /

each day fo tor or state tive. Lobbying increased u session and clining sinc GAB admin athan Becke “We ca that the re decrease is the econom a statement panies and o that try to i Legislature tightening and that wa the reduce they devote ing.” There w censed lob year, down 2011. The Wisc ance Allian most on $357,167, in months of was followe consin Hosp tion, with $ Wisconsin ers and C $294,823. Also nota spending on public emp dropped since a new acted limiti bargaining f lic workers shows that largest teac the Wiscons Association spent about lobbying in months of 2 fore the law but just $8 first six mo The coun near the top over the pas

impose a mandatory 10-year prison sentence for drunken drivers who09/13/2013 kill someone; imWatertown Daily Times pose mandatory court appearances; and allow authorities to seize drunken drivers’ cars. One measure would have

earlier this year. The committee’s three Democrats said repeatedly said they want to curb drunken driving. But they complained the bills don’t lay out any money for prosecutors and public defend-

MADISON (AP) — A process server has accused a legislative aide of pushing him down and calling him names when he tried to serve a Republican state senator with a lawsuit. The Center for Media and Democracy filed a lawsuit against Sen. Leah Vukmir in June seeking documents the center believes Vukmir obtained during an American Legislative Exchange Council conference in May, The Wisconsin State Journal reported in Thursday’s editions. According to affidavits attached to the lawsuit, Bruce Lowery tried to serve Vukmir on Sept. 3 in her Capitol office. Lowery said Vukmir aide Jason Rostan chased him, pushed him down outside the Capitol and called him vulgar names as he tried to force the papers back in Lowery’s pockets. Lowery’s business partner and wife, Chris Lowery, re-

turned to Vukmir’s office the next day and tried to serve Rostan, who held his hands behind his back and refused to accept the papers. She finally touched them to his hands to make the service legal and left them on a desk. “I’m a Republican, and I was disgusted with their behavior,”

the bills would come to the floor. His spokeswoman said in an email Thursday that Vos is still reviewing the proposals. Ott and Darling introduced the bills seven months ago.

Lawsuit server says aide pushed him

Chris Lowery told the State Journal. Rostan told the newspaper the state Department of Justice told Vukmir’s staff not to accept service in the case.

Vos has formed a new task to address rural school iss Vos has named Rep Swearingen, a Rhineland publican, to serve as th force’s chairman. The sp has charged the task fo study a host of issues, i ing how rural schools can innovations and efficie transportation needs, stra for long-term financial st and how to handle declini rollment. The task force will pr a report on its findings an ommendations early next

Watertown Farmers Market Every Tuesday Rain or Shine

7am—Noon*

*Select Vendors Un�l 1pm

Info: 920-261-6320 www.watertownchamber.com Watertown Farmers Market

Resource Recovery, Inc.

Concealed Carry Permit Classes

(920) 988-2116

Riverside Park Now Thru November 12

608-515-3607 WI/Utah/FL/AZ Permits Good in Over 35 States!

1022 South 12th Street Watertown, WI 53094

Only One Class Required

WI and Utah Milford Hills Hunt Club $80 Certificates W5670 French Road, Johnson Creek State fees not included

Sep. 26th Oct. 10th 5pm-9pm 5pm-9pm Call or Register Online at www.BadgerStateFirearms.com

September 19, 2013 3:12 pm /

Waukesha, The Freeman 09/13/2013

Copy Reduced to %d%% from original to fit letter page WWW.GMTODAY.COM

3!452$!9 3%04%-"%2

&/2%#!34

4%2. 7)3#/.3).

NIGHT ,OWS IN THE LOW TO MID S 7INDS WILL BE MPH OR LESS 3UNNY AND MILD TOMORROW (IGHS S 7INDS WILL BE FROM THE SOUTH AT TO MPH

42!6%, !$6)3/29 &/2 4/-/22/7 !4,!.4!

( ,

2%#!34

EAR SHORE FORECAST #LEAR TONIGHT AND PARTLY 7INDS WILL BE FROM THE NORTHEAST AT TO KNOTS FEET ,AKE -ICHIGAN WATER TEMPERATURE IS

%4 ).$%8 &/2%#!34

$%.6%2

GS ON POSSIBLE SKIN DAMAGE LOW RISK MODERATE RISK RY HIGH RISK OVER EXTREME RISK

-)..%!0/,)3

( , 3%!44,%

Â?Â?Ă&#x160;Â&#x201C;>ÂŤĂ&#x192;]Ă&#x160;vÂ&#x153;Ă&#x20AC;iV>Ă&#x192;Ă&#x152;Ă&#x192;Ă&#x160;>Â&#x2DC;`Ă&#x160;`>Ă&#x152;>Ă&#x160;ÂŤĂ&#x20AC;Â&#x153;Ă&#x203A;Â&#x2C6;`i`Ă&#x160;LĂ&#x17E; 7%!4(%2 #%.42!, ,0 -!$)3/. 7) ÂĽ

( , ,/3 !.'%,%3

( ,

OR 3ATURDAY ACROSS SOUTHEAST 7ISCONSIN IS

#()#!'/

( , .%7 9/2+

( , 34 ,/5)3

( ,

$!,,!3

( , -)!-)

( , 0(/%.)8

( , 7!3().'4/.

( ,

st heavily lobbied this year

ens of special interests. More than 309 hours were spent lawmaker lobbying the budget, report showed. The two most vily lobbied topics were health vices and public instruction. ov. Scott Walkerâ&#x20AC;&#x2122;s budget luded his proposal expanding taxpayer subsidized voucher ool program and rejection of eral money to expand Medicaid. ose issues, along with other proals related to Medicaid and eduion funding, dominated legislae debate of the two-year spendplan. Overall lobbying during the first months of the year was down mpared with 2011 and 2009,

despite the intense lobbying effort. Lobbying organizations reported spending $17.1 million this year. That is down by 28 percent from the $23.9 million spent in the first six months of 2011. Overall hours spent on lobbying also decreased by 25 percent compared with 2011. Still, lobbyists spent an average of 945 hours lobbying each of Wisconsinâ&#x20AC;&#x2122;s 132 lawmakers over the first six months of the year. That comes out to more than five hours each day for each senator or state representative. Lobbying had steadily increased until the 2011 session and has been declining since then, said GAB administrator Jonathan Becker.

STATE NEWS

ant saved it he federal

keswoman ter said the ent after the onsor, thenjority Leadr, asked the he legality of funds for the

was awarded ally connectortsmen of undation, st week cinded over out the xempt status ip.

Walker lauds opening of Milwaukee water center MILWAUKEE (AP) â&#x20AC;&#x201C; Gov. Scott Walker said a new water-research center in Milwaukee could eventually help the world gain access to fresh drinking water. Walker was on hand Thursday for the opening of the Global Water Center. The center has 25 tenants, with many involved in researching or providing clean-water resources. One company is Alga Bionics, which develops techniques to remove nitro-

gen and phosphorus from wastewater. Another is Microbe Detectives, which uses DNA technology to identify and quantify bacterial populations in water. Several offices are occupied by University of Wisconsin programs. UW-Milwaukeeâ&#x20AC;&#x2122;s school of freshwater science and UW-Whitewaterâ&#x20AC;&#x2122;s institute for water business will both have research facilities in the building. Milwaukee Mayor Tom Barrett said the work being done in the water center will cement Milwaukee as the freshwater capital of the world.

Lawsuit server says Vukmirâ&#x20AC;&#x2122;s aide pushed him MADISON (AP) â&#x20AC;&#x201C; A process server has accused a legislative aide of pushing him down and calling him names when he tried to serve state Sen. Leah Vukmir, RWauwatosa, with a lawsuit. The Center for Media and Democracy filed a lawsuit against Vukmir in June, seeking documents the center believes she obtained during an American Legislative Exchange Council conference in May. According to affidavits attached to the lawsuit, Bruce Lowery tried to serve Vukmir on Sept. 3 in her Capitol office. Lowery said Vukmir aide Jason Rostan chased him, pushed him down outside the Capitol and called him vulgar names as he tried to force the papers back in Loweryâ&#x20AC;&#x2122;s pockets. Loweryâ&#x20AC;&#x2122;s business partner and wife, Chris Lowery, returned to Vukmirâ&#x20AC;&#x2122;s office the next day and tried to serve Rostan, who held his hands behind his back and refused to accept the papers. She finally touched them to his hands to make the service legal and left them on a desk. Rostan said the state Department of Justice told Vukmirâ&#x20AC;&#x2122;s staff not to accept service in the case. DOJ spokeswoman Dana Brueck said in an email to The Associated Press on Thursday that the agency doesnâ&#x20AC;&#x2122;t comment on what advice it may or may not give to clients. However, she said generally DOJ attorneys believe legislators should not accept service of a lawsuit because theyâ&#x20AC;&#x2122;re immune from civil lawsuits when the Legislature is in session. Most attorneys and law firms who regularly sue the state know the department is willing to accept service so servers donâ&#x20AC;&#x2122;t have to chase lawmakers down at the Capitol, Brueck added. Brendan Fischer, general counsel for the Center for Media and Democracy, said the DOJâ&#x20AC;&#x2122;s position would make it impossible for anyone to force legislators to follow Wisconsinâ&#x20AC;&#x2122;s open meetings law. He also said Vukmirâ&#x20AC;&#x2122;s aide did the chasing, not the process server. Rostan, 38, acknowledged that he followed Lowery and tried to force him to take the court papers back. He said Lowery tripped and fell while refusing to take the papers.

September 19, 2013 3:13 pm /

n s

ce an nce

aw ce

g sis

eat ce

ese ntes

me ms, see eet

le ve

e s

ter

Madison, Wisconsin State Journal 09/12/2013 Copy Reduced to %d%% from original to fit letter page

Process server claims abuse Leah Vukmir’s aide admits to pursuing the man but denies pushing him. STEVEN VERBURG ‌sverburg@madison.com, 608‑252‑6118

A process server hired to notify state Sen. Leah Vukmir of a lawsuit says a Vukmir aide assailed him with abusive language, chased him and pushed him to the ground outside the Capitol, according to court documents filed Wednesday. The aide, Jason Rostan, told the State Journal that he didn’t push the process server but acknowledged following him and trying to force him to take the court papers back. Rostan said the man tripped and fell while refusing to accept the paperwork. “Looking back on it all, I should have just let it go,” said Rostan, 38,

who has worked as a legislative aide for 15 years, including three for Vukmir. Professional process servers are hired so plaintiffs bringing a lawsuit can demonstrate they made adequate efforts to notify the person being sued, which must happen before the lawsuit can proceed. The process server’s account of what happened on Sept. 3 is contained in a sworn statement attached to a lawsuit filed in Dane County Circuit Court. The suit seeks to force Vukmir, R-Wauwatosa, to hand over documents from a May conference of the American Legislative Exchange Council (ALEC). Rostan “started to call me a low-life jerk and (expletives)” in Vukmir’s Capitol office, Bruce Lowrey, co-owner of C. Lowrey Process Service, said in the affidavit. “When I got outside Jason was

running after me and he pushed me and knocked me down and threw the paperwork at me and continued to call me all kinds of (vulgar) names.” Lowrey said he and an employee had tried twice previously to serve Vukmir. Lowrey’s wife and business partner, Chris Lowrey, said the next day she went to Vukmir’s office to complain. “One of the guys got rude and snotty and I told him to stop right there,” she told the State Journal. “I told them, ‘You guys are the ones who make the law, and you have to follow it. Be professional.’ ” In her affidavit she describes Rostan holding his hands behind him while she reached around and touched the papers to his hands — to make the service legal — before leaving the papers on a desk. “That office hopefully learned

a lesson,” Chris Lowrey said. “I’m a Republican, and I was disgusted with their behavior.” Vukmir staff members had been told by the state Department of Justice not to accept service in the case, Rostan said. Department of Justice officials couldn’t be reached Wednesday night. Vukmir didn’t return phone calls or emails seeking her comment. The Center For Media and Democracy of Madison filed the lawsuit against Vukmir on June 5. The suit seeks records the advocacy group believes Vukmir obtained as a top official of ALEC, which brings lawmakers and corporations together to write model legislation promoting free market goals. The lawsuit alleges that Vukmir took an active role in the May conference in Oklahoma City, but she has claimed she has almost no documents from the session.

Wright-designed home fuels divide Developers unhappy with a proposed committee to advise the city on plans for the Downtown block. DEAN MOSIMAN ‌dmosiman@madison.com, 608‑252‑6141

It’s already hard to see the lone Frank Lloyd Wright-designed home in Downtown Madison. There’s a direct view from a narrow private driveway to the landmark Robert M. Lamp House, 22 N. Butler St., designed by Wright and built in 1903, but otherwise only limited views of the structure set in the center of a block and surrounded by other homes, apartment buildings and offices. But with more redevelopment envisioned near the house, STEVE APPS — State Journal archives Ald. Ledell Zellers, 2nd District, Preservationists are seeking to create a special committee to advise the city on plans for the block containing the is proposing an ad hoc committee landmark Lamp House, designed by Frank Lloyd Wright and built in 1903. The block is targeted for redevelopment. to advise the city on an appropriate plan for the block bounded September 19, 2013 3:14 pm / by North Butler, East Mifflin and Robert M. Lamp House I think it’s a bad precedent to North Webster streets, and West 22 N. Butler St.