Judge MaryAnn Sumi strikes down collective bargaining law
Post by dane101 on 5/26/2011 10:15am
In a decision issued today in Dane County Circuit Court Judge MaryAnn Sumi ruled the collective bargaining bill passed by the Joint Finance Committee on March 9 was null and void due to violation of the state's open meeting laws.
The ruling is as follows:
This case requires the court to determine whether members of the Wisconsin Legislature violated Wisconsin's Open Meetings Law on March 9, 2011, and if so, whether any governmental actions taken as a result are void...the State has shown by clear and convincing evidence that the March 9, 2011 meeting of the Joint Committee of Finance violated 19.82, 19.83 and 19.84 of the Wisconsin Statutes.
Today this court has issued separate Findings of Fact, Conclusions of Law and Judgement. The Findings of Fact set forth the evidence establishing the Open Meetings Law violations. This decision clearly explains why it is necessary to void the legislative actions flowing from those violations...The Judgement accordingly declares that the March 9, 2011 action of the Legislature's Joint Committee of Conference is void, and that 2011 Wisconsin Act 10 is consequently has no force or effect.
Republican Legislators are apparently now meeting to determine a new way forward with the provisions that would strip public employees (except firefighters and police) of nearly all collective bargaining rights, minus those related to negotiations over salary.
They have three main options: Wait for the Wisconsin Supreme Court to make a ruling (they take up arguments to determine whether they'll hear the case at all on June 6), try to pass it as a stand-alone bill, or insert the provisions into the two-year budget to be debated and voted on this summer.