Madison City Attorney Skewers LRB: Says They Acted "Without Authority" and Actions were a "Breach of Legal Obligations" | Wis.Community

Madison City Attorney Skewers LRB: Says They Acted "Without Authority" and Actions were a "Breach of Legal Obligations"

City of Madison attorney Michael May has Madison Mayor Dave Cieslewicz that the collective bargaining law is not yet enforcable, because the Legislative Reference Bureau acted "without authority":

The LRB is without authority to establish the date of publication of the Act. Since the Secretary of State, who does have the authority to establish the date of publication, has not done so due to a temporary restraining order issued against him, there is no date of publication and therefore there is no effective law.

Attorney May says that the specifications of a "date of publication" are clearly stated in the statutes:

35.095 Acts. (1) DEFINITIONS. In this section:

(b) "Date of publication" means the date designated secretary of state under sub. (3).

(3) PUBLICATION. (a) The legislative fiscal bureau shall publish every act and every portion of an act which is enacted by the legislature over the governor's partial veto within 10 working days after its date of enactment.

(b) The secretary of state shall designate a date of publication for each act and every portion of an act which is enacted by the legislature over the governor's partial veto. The date of publication may not be more than 10 working days after the date of enactment.

The city attorney makes some very pointed criticisms of the LRB and says their actions were a "breach of LRB's legal obligations":

The analysis above leads one to ask why the LRB went ahead and "published" the law.

Because the LRB is not the body in charge with or having the authority to make the Act effective, the LRB's determination that sec. 35.095(3)(a), Stats., required it do to something called "publishing" the law March 25, 2011, is without legal consequence as to the effective date of the Act.

The LRB acted beyond its legal authority, however, since it could not into any published law a "date of publication" except as authorized by the Secretary of State. The LRB did this, using the date of March 25, 2011, with a curious footnote.

This footnote is incomplete at best and a direct misrepresentation at worst. The LRB fails to mention that the Secretary of State has rescinded the prior publication date. The first sentence is false. There is no "date of publication" as set by the Secretary of State.

It is difficult to determine why the non-partisan took this step beyond its authority, late on a Friday afternoon, with no notice to any person, and apparently at the

If the LRB felt compelled to "publish" the act on March 25, 2011, the LRB should have left the "date of publication" blank. The footnote should have explained that the LRB cannot determine that date and only the Secretary of State may do so, and there is no such date of publication from the Secretary of State. Failure to do so is a breach of LRB's legal obligations. I urge the LRB to immediately issue an errata notice to clarify that there is no date of publication.

Wow. Clearly Fitzgerald's autocratic bullying tactics went well over the line shortly after he started as Majority Leader, but now he's into the realm of pressuring a state agency to break the law.

My question is why did Fitzgerald stop at twisting the LRB's arm after "publishing" this law? Why not get them to publsh all kinds of crazy laws... and then immediatley proclaim them to be the law, because, after all the LRB did "publish" them!

I'm just hoping Fitz doesn't find his way to the the WDOT and start bullying the guys in the traffic sign shop to start making up stuff.

 

 

Published

March 28, 2011 - 1:04pm

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