Circuit Court Judge Declares Bargaining Law Void:  Next Step is Budget Bill Consideration
2011-05/27 Dean R. Dietrich

In an 18-page Findings of Fact, Order, and Judgment document and a 33-page Decision document, Judge Maryann Sumi declared that Wisconsin Act 10 should be considered void and thereby not enforceable as a change in the Wisconsin Municipal Employment Relations Act.  In her decision, Judge Sumi declared that the Joint Legislative Committee that proposed the revised legislation without financial provisions did not comply with the Wisconsin Open Meetings Law, and therefore, the legislation was never properly presented to the entire Senate for consideration.  The Decision focuses on the importance of the Wisconsin Open Meetings Law and the requirement that the public interest in complying with the Open Meetings Law outweighs any public interest in sustaining the validity of the legislative action.  The Judge stated:  “This case is the exemplar of values protected by the Open Meetings Law:  transparency in government, the right of citizens to participate in their government, and respect for the rule of law.”

While this court action strikes down the enforceability of any of the changes incorporated into Wisconsin Act 10, it is very apparent that the many changes to the Municipal Collective Bargaining Law will be included in the Budget Bill being debated by the Joint Finance Committee for presentation to the Senate and Assembly.  It is anticipated that the Budget Bill will be passed by June 30 and will include all of the changes envisioned in Wisconsin Act 10.  Local governments should continue to plan for implementation of the Collective Bargaining Law changes in light of this likely inclusion of the changes in the Budget Bill.

Ruder Ware will continue to monitor this matter and keep you updated about the status of the Collective Bargaining Law changes.

Please feel free to contact Dean R. Dietrich, the author of this article, or any of the attorneys in the Local Government & School District Focus Team of Ruder Ware:  Jeff Jones, Chris Toner, Steve Lipowski, Randi Osberg, Ron Rutlin, Mary Ellen Schill, or Bryan Symes if you have questions in regard to this update.

© 2011 Ruder Ware, L.L.S.C. Accurate reproduction with acknowledgment granted. All rights reserved.
This document provides information of a general nature regarding legislative or other legal developments. None of the information contained herein is intended as legal advice or opinion relative to specific matters, facts, situations, or issues, and additional facts and information or future developments may affect the subjects addressed.