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MARYANN SUL CIRCUIT COUR, wit. 2 STATE OF WISCONSIN CIRCUT EYE 16 py ie ae COUNTY STATE OF WISCONSIN ex rel. one coun hy ISMAEL R. OZANNE District Attorney for Dane County, Wis. Dane County District Attomey’s Office 215 S. Hamilton St. #3000 Madison, WI 53703, Plaintiff, vs. JEFF FITZGERALD CaseNo: AACVIZ4A4 Rm. 211 West State Capitol Case Code: ‘Madison, WI 53708 30703 — Unclassified SCOTT FITZGERALD Room 211 South State Capitol Madison, WI 53707 MICHAEL ELLIS. Room 220 South State Capitol Madison, WI 53707 SCOTT SUDER Room 215 West State Capitol Madison, WI 53708 DOUGLAS LAFOLLETTE 30 West Mifflin St. Madison, WI 53703, Defendants. SUMMONS THE STATE OF WISCONSIN: To each person named as a Defendant: ‘You are hereby notified that the plaintiff, State of Wisconsin, by Dane County District Attomey Ismael R. Ozanne, has filed a lawsuit or other legal action against you: The Complaint, which is attached, states the nature and the basis of the legal action. Withia forty-five (45) days of receiving this Summons, you must respond with a written answer as that term is used in Chapter 802 of the Wisconsin Statutes, to the Complaint. ‘The court may reject or disregard an answer that does not follow the requirements of the statutes. The answer must be sent or delivered to the court whose address is Dane County Clerk of Circuit Court, Dane County Courthouse, 215 S. Hamilton St. #1000, Madison, WI 53703, and to Dane County District Attorney Ismael R. Ozanne, whose address is Dane County District Attomey’s Office, 215 S. Hamilton St. #3000, Madison, WI 53703. ‘You may have an attorney help or represent you. If you do not provide a proper answer within forty-five (45) days, the court may grant judgment against you for the award of money or other legal action requested in the Complaint, and you may lose the right to object to anything that is or may be incorrect in the Complaint. A judgment may be enforced as provided by law. A judgment awarding money may become a lien against real estate you own now or in the future, and may also be enforced by garnishment or seizure of property. If you require the assistance of auxiliary aids or services because of a disability, call (608) 266-4678 [TDD (608) 266-9138] and ask for the Court A.D.A Coordinator. Dated this_/6 74 day of March, 2011. State Bar # 1031954 MAILING ADDRESS: Dane County District Attomey’s Office 215 S, Hamilton St. #3000 Madison, WI 53703 Phone: (608)266-4211 Fax: (608) 267-2545 STATE OF WISCONSIN CIRCUIT COURT DANE COUNTY - 2OULMAR 16 PH |: 59 STATE OF WISCONSIN ex rel. CIRCUIT COURT DARE COUHTY, WI ISMAEL R. OZANNE District Attorney for Dane County, Wis. Dane County District Attomey’s Office 215 8. Hamilton St. #3000 Madison, WI 53703 Plaintiff, vs. iCVAZ4S4 JEFF FITZGERALD caseno: 2208 Rm. 211 West State Capitol Case Code: Madison, WI 53708 30703 — Unclassified SCOTT FITZGERALD Room 211 South State Capitol Madison, WI 53707 MICHAEL ELLIS Room 220 South State Capitol Madison, WI 53707 SCOTT SUDER Room 215 West State Capitol Madison, WI 53708 DOUGLAS LAFOLLETTE 30 West Mifilin Madison, WI 53703 Defendants. COMPLAINT 1 3/16/2011 NOW COMES plaintiff State of Wisconsin, by Dane County District Attorney Ismael R. Ozanne, and alleges as follows: 1. Ismael R. Ozanne is an adult resident of the State of Wisconsin and is the District Attomey for Dane County, Wisconsin with business address of Dane County District Attomey’s Office, 215 S. Hamilton St. #3000, Madison, WI 53703. 2. Pursuant-to Sec. 19.97(1) of the Wisconsin Statutes, the District Attorney is authorized to enforce Wisconsin’s Open Meetings Law, Sec. 19.81 through 19.98 of the Wisconsin Statutes, upon the verified complaint of any person alleging a violation of said Law within the County of the District Attorney's jurisdiction; the entirety of Wisconsin’s Open Meetings Law is attached to this Complaint as Attachment | and is incorporated herein by reference. 3. Defendant Jeff Fitzgerald, whose business address is Room 211 West, State Capitol, Madison, WI 53708, is an adult resident of the State of Wisconsin; is an elected Representative in the Wisconsin Assembly; and is the chief presiding officer of the Wisconsin Assembly. 4. Scott Fitzgerald, whose business address is Room 211 South, State Capitol, P.O. Box 7882, Madison, WI 53707-7882, is an adult resident of the State of Wisconsin; is an elected Senator in the Wisconsin Senate; and is the chief presiding officer of the Wisconsin Senate. 5. __ Michael Ellis, whose business address is Room 220 South, State Capitol, P.O. Box 7882, Madison, WI 53707-7882, is an adult resident of the State of Wisconsin and is an elected Senator in the Wisconsin Senate. 6. Scott Suder, whose business address is Room 215 West, State Capitol, P.O. Box 8953, Madison, WI 53708, is an adult resident of the State of Wisconsin and is an elected Representative in the Wisconsin Assembly. 7. Douglas La Follette, whose business address is 30 West Mifflin, Madison, ‘WI53703, is the duly elected Secretary of State for the State of Wisconsin. Among other duties, Secretary of State La Follette is charged with the responsibility of publishing all laws duly passed by the Wisconsin Legislature and approved by the Governor. 8. Peter Barca, whose business address is Room 201 West, State Capitol, Madison, WI 53708, is an adult resident of the State of Wisconsin and is an elected Representative in the Wisconsin Assembly; Peter Barca has filed a verified complaint with the Dane County District Attomey’s Office alleging a violation of Wisconsin’s Open Meetings Law by the named Defendants on March 9, 2011 as more fully set forth below; a copy of said complaint is attached to this Complaint as Attachment 2 and is incorporated herein by reference. 9. Kathleen Falk, whose business address is City County Building, Room 421, 210 Martin Luther King, Jr. Blvd., Madison, WI 53703, is an adult resident of the State of Wisconsin and is acting County Executive for Dane County, Wisconsin; Kathleen Falk has filed a verified complaint with the Dane County District Attorney’s Office alleging a violation of Wisconsin’s Open Meetings Law by the named Defendants ‘on March 9, 2011 as more fully set forth below; a copy of said complaint is attached to this Complaint as Attachment 3 and is incorporated herein by reference. 10. Martin Biel, whose business address is 8033 Excelsior Drive, Suite C, Madison, WI 53717, is an adult resident of the State of Wisconsin; Martin Biel has filed a verified complaint with the Dane County Distriet Attorney's Office alleging a violation of Wisconsin’s Open Meetings Law by the named Defendants on March 9, 2011 as more fully set forth below; a copy of said complaint is attached to this Complaint as ‘Attachment 4 and is incorporated herein by reference. 11. Dave Cieslewiez, whose business address is City County Building, Room 403, 210 Martin Luther King Jr. Bivd., Madison, WI 53703, is an adult resident of the State of Wisconsin and is the: elected Mayor of the City of Madison, a Wisconsin municipal corporation; Dave Cieslewicz has filed a verified complaint with the Dane County Distriet Attomey’s Office alleging a violation of Wisconsin’s Open Meetings Law by the named Defendants on March 9, 2011 as more fully set forth below; a copy of said complaint is attached to this Complaint as Attachment 5 and is incorporated herein by reference. 12, The Wisconsin Assembly, the Wisconsin Senate and the Joint Committee ‘of Conference on January 2011 Special Session Assembly Bill 11 (“Joint Committee of Conference”) are governmental bodies within the meaning of Sec. 19.82(1) and 19.87 of the Wisconsin Statutes. 13. Wisconsin’s Open Meetings Law applies to members of the Wisconsin Legislature, including Senator Fitzgerald, Senator Ellis, Representative Fitzgerald and Representative Suder. 14, Wisconsin’s Open Meetings Law, as applied to members of the Legislature, is a codification of the mandates expressly provided for in the Wisconsin Constitution to the effect that “[t]he right of the people peaceably to assemble, to consult for the common good, and to petition the government, or any department thereof, shall never be abridged,” Wis. Const. art. I, § 4, and that “{tJhe doors of each house shall be kept open except when the public welfare shall require secrecy,” Wis. Const. art. IV, § 10. See Wis. Stat. § 19.81(3). 15. On February 15, 2011, January 2011 Special Session Assembly Bill 11 was introduced in the Assembly at the request of Governor Scott Walker. Assembly Bill 1, and its companion, Senate Bill 11, are informally known as “the Budget Repair Bill.” 16. On February 25, 2011, January 2011 Special Session Assembly Bill 11 ‘was passed by the Assembly and messaged to the Senate. 17. Prior to the evening of March 9, 2011, the Senate did not take any formal action with respect to January 2011 Special Session Assembly Bill 11 other than to read ita first time, refer it to a committee, withdraw it from the committee and read it a second and third time. 18. Despite the absence of any prior vote by the Senate on any version of January 2011 Special Session Assembly Bill 11, in the afternoon of March 9, 2011, the Senate requested a Committee of Conference and appointed Senator Scott Fitzgerald, ‘Senator Michael Ellis and Senator Mark Miller as its conferees. 19. Shortly thereafter, the Assembly agreed to a Committee of Conference on January 2011 Special Session Assembly Bill 11 and appointed Representative Jeff Fitzgerald, Representative Scott Suder and Representative Peter Batca as its conferees. 20. Representative Jeff Fitzgerald and Senator Scott Fitzgerald presided over a meeting of the Joint Committee of Conference on January 2011 Special Session Assembly Bill 11 at or about 6:00 PM on March 9, 2011 at the Senate Parlor, State Capitol, located in Madison, Wisconsin in Dane County. 21. Upon information and belief, the only notice of the March 9, 2011, meeting of the Joint Committee of Conference was posted less than two hours prior to the commencement of the meeting. A copy of the notice is attached to this Complaint as Attachment 6 and incorporated herein by reference. 22. Said meeting was attended by Senator Scott Fitzgerald, Senator Michael Ellis, Representative Jeff Fitzgerald, Representative Scott Suder, and Representative Peter Barca. 23. Senator Fitzgerald, Senator Ellis, Representative Fitzgerald and Representative Suder are Republicans and Representative Barca is a Democrat; the meeting of the Joint Committee of Conference was not a meeting of any partisan caucus within the meaning of sec. 19.87(3), Wis. Stats. 24, The Joint Committee of Conference convened on March 9, 2011, for the purpose and with the intent of exercising the responsibilities, authority, power and/or duties delegated to or vested in the Committee. 25. The Joint Committee of Conference, by and through the actions of Senator Fitzgerald, Senator Ellis, Representative Fitzgerald and Representative Suder, and over the objections of Representative Barca, did act on January 2011 Special Session Assembly Bill 11 as amended by Conference Substitute Amendment 1 by voting to adopt and concur in the Bill as amended and offering said Bill as amended to the Senate and the Assembly. 26. The Joint Committee of Conference constitutes a committee of the two Houses of the Legislature and is governed by the Joint Rules adopted by the Legislature. 27. Under Joint Rule 3 of the Wisconsin Legislature, a Committee of Conference “consisting of 3 members from each house may be requested by either house” in “all cases of disagreement between the senate and assembly on amendments, adopted by either house to a bill or joint resolution passed by the other house.” Joint Rule 3 of the Wisconsin Legislature is attached to this Complaint as Attachment 7 and is incorporated herein by reference. 28. Under Joint Rule 3 of the Wisconsin Legislature, the Committee of Conference “shall meet and state to each other, orally or in writing, the reasons of their respective houses for or against the disagreement, and confer thereon, and shall report to their respective houses any agreement they arrive at by the vote of at least a majority of the members of the committee representing each house.” 29. Under Joint Rule 3 of the Wisconsin Legislature, “when the committee of conference has reached agreement the report shall be first presented, if a senate bill or joint resolution, to the assembly and, if an assembly bill or joint resolution, to the senate.” 30. Under Joint Rule 3 of the Wisconsin Legislature, “approval of the conference report by a roll call vote in each house sufficient to constitute final passage of the proposal shall be final passage of the bill or final adoption and concurrence in the joint resolution in the form and with the changes proposed by the report.” 31. The meeting of the Joint Committee of Conference on January 2011 Special Assembly Bill 11 convened at 6:00 PM on March 9, 2011; said meeting was not conducted in compliance with Joint Rule 3 of the Wisconsin Legislature. 32. No Joint Rule of the Wisconsin Legislature establishes a different procedure for providing public notice and public access to the meeting of the Joint Committee of Conference on January 2011 Special Assembly Bill 11 than is required by Wisconsin’s Open Meetings Law and, therefore, as contemplated by Sec. 19.87(2) of the Wisconsin Statutes, the requirements of Wisconsin’s Open Meetings Law apply to the March 9, 2011 meeting of the Joint Committee of Conference. 33. The public notice for said meeting was insufficient as to reasonably likely apprise the public and the news media that the Joint Committee of Conference would consider, discuss, debate and act on a new version of said Bill consisting of only those items denominated “non-fiscal,” which had not been previously passed by the Senate, in violation of Sec. 19.84(2) of the Wisconsin Statutes. 34, The public notice of said meeting did not adequately set forth the subject matter of said meeting in such form as was reasonably likely to apprise the members of the public and the news media thereof, in violation of Sec. 19.84(2) of the Wisconsin Statutes. 35. The public notice of said meeting was not given 24 hours in advance of said meeting. 36. No good cause existed such that the notice of 24 hours was impossible or impractical, in violation of Sec. 19.84(3) of the Wisconsin Statutes. 37. That the subject matter of January 2011. Special Assembly Bill 11 included, but was not limited to, state finances, collective bargaining for public employees, compensation and fringe benefits of public employees, the state civil service system, and the Medical Assistance program all of which subjects are of high public interest and which have generated not only public debate, but also thousands of Wisconsin citizens demonstrating at the State Capitol for several weeks. 38. That said meeting of Joint Committee of Conference was held in the Wisconsin Senate Parlor in the State Capitol, located in Madison, Dane County, Wisconsin; that said Parlor is a small room with very limited space and was not reasonably accessible to members of the public or all citizens in violation of Sec. 19.81(2) and 19.82(3) of the Wisconsin Statutes. 39. ‘That the State Capitol building where said meeting was held had restricted access to the general public before the meeting preventing those citizens who may have wished to attend the meeting from entering the building, in violation of Sec. 19.81(2), 19,823), and 19.96 of the Wisconsin Statutes. 40. That during said meeting, Representative Peter Barca repeatedly objected to conducting said meeting on the grounds that said meeting violated Wisconsin’s Open Meetings Law; said objections were overruled or ignored by Senator Scott Fitzgerald, one of the presiding officers; and that Senator Fitzgerald, Senator Ellis, Representative Fitzgerald and Representative Suder proceeded with said meeting to its conclusion despite Representative Barca’s objections. 41, That Senator Fitzgerald, Senator Ellis, Representative Fitzgerald and Representative Suder knowingly attended said meeting in violation of Wisconsin’s Open Meetings Law. 42, That the actions of the Joint Committee of Conference in considering, voting on and concurring in January 2011 Special Session Assembly Bill 11 as amended by Conference Substitute Amendment 1 provided the basis for consideration of this version of the bill by the Senate and then the Assembly, each of which passed the bill in this version on March 9, 2011, and March 10, 2011, respectively. 43. That this version of the said bill, as passed by both Houses of the Legislature, was enrolled, presented to Governor Walker and approved by him on March 11, 2011. As approved, the enrolled bill has been numbered 2011 Wisconsin Act 10. 44, The Wisconsin Constitution, art. IV, § 17(2), provides that “[n]o law shall be in force unless published.” Secretary of State La Follette is required to publish every act passed by the Legislature and approved by the Governor within ten working days of its enactment. See. 35.095(3)(b), Wis. Stats. 45. Secretary of State La Follette has publicly announced that he will publish 2011 Wisconsin Act 10 on the tenth working day following the Governor's approval, or on March 25, 2011 46. Final resolution of the factual and legal issues presented by this complaint is likely not to take place prior to March 25, 2011. This is, at least in part, because the Senator Fitzgerald, Senator Ellis, Representative Fitzgerald and Representative Suder enjoy a constitutional privilege from being subject to civil process during each session of the Legislature as well as for fifteen days before the commencement and after the termination of each session, pursuant to Wis. Const. art. IV, § 15. 47. Unless Secretary of State La Follette is enjoined from publishing 2011 Wisconsin Act 10, it shall be in force prior to the final determination by this Court of whether the Open Meetings Law was violated as alleged and, if so, whether the actions of the Joint Committee of Conference, through Defendants Fitzgerald, Fitzgerald, Ellis and Suder, should be voided. THEREFORE, PLAINTIFF REQUESTS THE FOLLOWING RELIEF: (1) Judgment against Defendants Senator Scott Fitzgerald, Senator Michael Ellis, Representative Jeff Fitzgerald and Representative Scott Suder finding them in violation of Wisconsin's Open Meetings Law. @) Judgment declaring that the actions taken by the Joint Committee of Conference, consisting of Defendants Senator Scott Fitzgerald, Senator Michael Ellis, Representative Jeff Fitzgerald and Representative Scott Suder, as set forth above, violate the provisions of Wis. Const. art I, § 4, and Wis. Const. art. IV, § 10. @) Judgment declaring the actions taken by the Joint Committee of Conference, consisting of Defendants Senator Scott Fitzgerald, Senator Michael Ellis, Representative Jeff Fitzgerald and Representative Scott Suder, as set forth above, void, pursuant to Sec. 19.97(3), upon a finding that, under the facts of this particular case, the public interest in the enforcement of Wisconsin's Open Meetings Law outweighs any public interest in maintaining the validity of said actions. (4) Judgment declaring 2011 Wisconsin Act 11 void as the product of voidable actions by the Joint Committee of Conference, consisting of Defendants Senator Scott Fitzgerald, Senator Michael Ellis, Representative Jeff Fitzgerald and Representative Scott Suder. (9) A forfeiture assessed against Defendants Senator Scott Fitzgerald, Senator Michael Ellis, Representative Jeff Fitzgerald and Representative Scott Suder individually in the amount of $300.00 each, plus court costs and attomey’s fees, payable to Dane County. (© _ Fora temporary and permanent injunction enjoining Secretary of State Douglas LaFollette from publishing 2011 Wisconsin Act 10. (2) For any further relief that the Court deems to be equitable and just under the circumstances. Dated this /67hday of March, 2011. State Bar # 1031954 MAILING ADDRESS: Dane County District Attomey's Office 215 S. Hamilton St. #3000 Madison, WI 53703 Phone: (608) 266-4211 Fax: (608) 267-2545 19.69 19.69 Computer matching. (1) Mase sreemoxnex ‘Astate authority may not wea liow thew of personaly deat fable information maintained by te state suthonty ia & match funder # matching program, or povile personaly ideniable [nfonnaton for ure in fina ur a afching program, nest the state authonty has species in wing lo the following for the matching progam: (6) The purpose and legal authority forthe matching program. (©) The justfeston forthe program and the antipated results including an estinal of an savings. (OA description of th information hat wil be matched. @ Corr ro rustic neconps nono. A sate authority that preptes writen specication of amatching program vader sb. (1) shall provide to the public records board a copy of the specifi- ‘ston and any subsequent revision ofthe speiictonwihin 30 day afer he vate authorty prepares the specication orth reve {@) Nomcx or anvenseacmon. (0) Exoept as provided under pats (0), sate tory may not ako an arse sion against {mn indidl 89 res of information prodaced by 8 matching program uni afer hese host hee noted the ivca, In-weting, ofthe proposed sion. (0) Asiate authority may gran'anexceptionto per (fittings thatthe infomation inte record ele i cen rele. (@) Nowarrscanmsme This section doesnot apy to any ratching program established between the seretary of fs poration snd the commisioner of the federal seal seerty dminstotionpusuant tan agreement speiied vader 85.61 @. "sur? 19918 39,28 195 77,2002 265, 19.71 Sale of names or addresses. An authority may not sell or rent a record containing an individual's name or address of residence, unless ly authorized by state law. The collec- ton of fees unders. 19.35 (3) is mot asa or rental under this sec- Hisar: 1991.39 19.77, Summary of case law and attorney general opin- fons. Annually the storey general shall summarize case [aw ‘and aitomey general opinions relating to duc process and other legal istues involving the collection, maintenaace, use, provision fof accesso, sharing or archiving of personally identifiable infor- ‘mation by authonies. The attorney general shall provide thesuma- ‘mary, a ho charge, to interested pesons, Bikar: 1991.39. 19.80 Penalties. (2) Exmover piscine Any person ‘employed by an authority who violates this subchapter may be “discharged or suspended without pay () Penatmis. (a) Any person who willfully collects, dis- loses or maialains personally identifiable information in viola- tion of federal or state law may be requifedtoforfetnot moce than '$500 foreach violation. ()_Any person who wilflly reqiests or obtains personally ‘dentifable information from an zuthorty under false pretenses ‘may be requited to forfeit not more than $500 foreach Violation, itor: 19812 39,268, SUBCHAPTER V OPEN MEETINGS OF GOVERNMENTAL BODIES 19.81 Dectaration of policy. (1) In recognition of he fact that a representative government of the American type is depen dent upon an informed electorate, itis declared to be the poliey of thisstate tha! the publicis entitled (othe fullest and most complete information regarding the affairs of goverumeat as is compatible ‘withthe conduct of governmental business. GENERAL DUTIES OF PUBLIC OFFICIALS 9-10 Wis. Stats. 534 (2) To implement snd ensure the public policy teria expressed all meeting ofall ate and local governmenialtir Salle publicly held places reasonably accessible to membes ofthe publican hall be open to al izen a al es ua obese expressly provided by Iw. (@) Tnconformance wit ate TV, section 10, ofthe consi tion, which state thatthe dors of ack house shall main op, xcept when the public welfare reques secrecy, itis Jeclrat be te intent of te legislate Lo comply to the fullest exo wi ‘his subehapter. (@) This subchapter shall be iberally construed to achievethe purposes st forth inthis section, and the rule tat peal ses IB be eredlyconsuued shal Ue lnited to the exforcement ot forfeitures and shall ot otherwise apply to ations brought under this subehaper oo interpretations there ie 175 «ND 0 NOTE rc owagenotaGosree te 6677, repeady Chap Tete oe prairie yh pages ond of er xiv wily eg sanz sy ear araper ee Sbecoreerde ote ee Falictficatog imei peenceel rset inthe chee iy: Dis ‘Rater Boar of Review, 90 Wx 2d 403,234 NW28 271 (1973). Tipcpenesing tb tte tele commie. Serer yee Bay 8 Wi ad NII OO) pk tng i qu cd ego ae oboricctareneae sree eterancts Sarg ag ee a Sint of sl om aon of iar in eee eens SpCn eserves see sie a ovement tar ea bo request open ng ine ay Gee 38, a = "ag pede eyed y vr conptin ed npg ai say coc Oa sit pear a eng t ‘Coepr "ised aces sed ove ofr tck niesonree rcs “A goveratahl body et ol cle ion fx rope pues tng aoiet omenbn teen sedis bowed keen 63 Ay en EC "Te neoning of “mmo sae with renee ivag te adem ml er seu ie Aly Gone ssnutetietcamcneatn be abe henewr mesa whoheve ede tr ‘enrequst roe 8 Ay. en 8 yy lon et pape et git ‘Sepa sts fom ov’ docs ot eee vote tole taken nsach net ‘Sali voto each esr may be tere nd rence” 3 Aly C243 "NOTE Te flowing anmstains ee foe 198 0 938- ‘Wen ty of Mass sas ras no po stat xanlztin pane ne open meng nits aac Cota sie pea | Lea He basalcen SS terete ye rt ie Chenin eaten ote aie Saiee Stam cea ae Seay Stig ot ny re Ne eer a Seeing rte SEE Saa aie ares ei esc ran 23% -Sueiogemcne saree eo _ doen anrearaa sera apa istpsccsoes fO Eaten ‘ppt Ea econo wheeaten iy held ia violation of eats “aeons mung ei of fuser sree einen eeecee sickle tieenecrtmeaaes Eile tees sete gt nee at ere reoegsah crest omardestneeat emo Geiss Seseaeayea aerate Eee ees Seige sawn Sota govemmetal ods. TB Any Gen. Attachment 1 i Definit Hi) “overs Sm 5) “Meet id body f est ean salt =e Be car ce iorue “Sémissione ot (9-10 Wis, Stats. enantio” n sb (1) aden priate oporaons at Soo Sapa aio: ar sa 8 Ay. Waco’ pen og te. Hae, WB Septenber 190, eal a eae Wer Open Goreme so Econo Declopme oe We kan Fb 20. 4282, Definitions. As used inthis subchapter (i) “Govemmental body” means 2 sate or local ageacy, ‘old, commision, committee, count, department or public Je opoate and pole created by constifuion, statute, ordi- ‘esd ule o ofder; a governmental or quas-governmental co etna excep fore Bradley cater sports and entertinneat tion local expasition district under subch. T of eh. 29; corp orm care district under 5, 46.2895; ora formally consti- 2 eee ut of any ofthe foregoing, bul excludes any such body tae emilee or subunit of uch body which is formed fr of meet- Stare purpose of colective bargaining under subch 1, TV, Vy of ch. 111 “Meeting” means the convening of members of a govern- ‘walt! boty for the purpose of exercising the responsibilities, ‘mapa, power OF Cuties delegated to or vested in the body. Tf auiialver more ofthe members of governmental body are pres earth meeting is rebutably presumed to be forthe purpose of ‘tercking the responsibilities, authority, power oc duties dele- (pied io or vested in the body. ‘The term does not include any al or etance gathering or conference which snot intended to Noid this subchapter, any gathering of the members of a town toad forthe purpose specified ns. 60.50 (6), any gathering ofthe ouers ofa torn sanitary district forte purpose specified ne 60.77 6) G9, oF any enthering of the members ofa drainage tour cieated under s. 88.16, 1991 stats, or under s. 86.17, fora purpose specified ins. 8.065 (9) (3). {@) “Open session” means a mecting which is hell ina place _seasmably accessible to members ofthe public and open toall cit. {ara at all times. In the case of state govemmental body, it ‘beams a meeting which is held in a building and room thereof ‘Which enables access by persons with fonction limitations, 2s (efned ins. 101.13 (0), hs, 1975 4 7? 4 985 a 26, 7,32: 1987 5 3051993 ita 9, 899 aT a2 2008 2 emt oe ts ere et ee a eee Sawaatans! ia elvan rntetepaneriemieeapennag Se ncaa tame mare em scioeet tapered Ser neta iro acne firme i Rigi renee me teagan Sininesiaoren iit oe nt cones na at Sones etigeetommncmean lente ESURE Sectecece eam ecg ses SER aay rogues erm ienaetek Sees Se eeceetos ai famucte Sere pecnemtieaere teaactnce: Shaiatarance atv eepeageesmeaicr Ratna anuiee tn arose cnn grote hectare oS Seen rie enrol ca SSR y ae play ul oer nen 0), 2 ee ereerree ny {Rtas pest ans iemte sien 1863 Meetings of governmental bodies. (1) Every resin oft goveranetal booy sal be preceded by public Sees provided ins 19.4, and sal beheld open Sion Atany meeting ofa governcatal bodes shall be Shan ey in oa on lb elite upon andected upon aly in Open season exept Spoielins Ba : GENERAL DUTIES OF PUBLIC OFFICIALS 19.84 (2) During a period of public comment under s, 19.84 (2), a ‘governmental body may discuss any mater rased by the public. ‘sory: 1975 € 251997 0128. ‘engulf goveincal body ated be meetiog of te goveae taste yc sees estas meet of exo Fane eg ules gubeg soar by chance Stel BegeNE dA vise Bons, 3 We 29553 08 MWe 08 89). 19.88 Public notice. (1) Psblie notice of ll mectiags of a [hemes body shal be given inthe flowing manner (a) As required by any oer salutes; and (8) By communication fom the chi presiding afer of « goseuumtal boy or soc person's designe to te publi {fescucwemedia Who have eda waten request fo soc notice, tnd tate oll newspaper designated Under 9858, 985.03 1806 or if nou cas 08 evs madi aly 0 give ition in the ea. (2) Every public notice of a meeting of = goveramental body stall ett etme, dt, place and subject mater of the mest 1g including tht intended for conideratin at ny conttaplated ik esi, n such form se resombly Tks to appese Stee ah public ad the news moda thefeo! Tie public tives of sserag of «goverment bly may provide fora vi of public commen: dtm which tke body may weclve {Rformation fom members of he pubic {Q) Public otice of every meeting of « goverment ody sale genta 24 burps oth commencement ofStch S2tungones for good enue such soe i impossible o¢ prckcal in which cave chore otce may be given, bat i 50 eee ay the reve bo povided les a 2 hours in avance of the mectng (a) Separate pblic otc shall be given for each mectng of a povvostenl body ata Sine and ate reasonably prosizat to ibe de and date of oe meeting, {@) Departments and heir sobuns in any University of Wis cons Sytem isttutonorcampusareexenpt fiom the equ ‘Sane of abe, (1) to @) tut shal provide meeting nce which ‘2ezSoabyliey wo sppis inte persons and news media Sie bnve Hed writen requests for suc nce {6) Notwithstanding the requirements of +. 1983 and the respiencas of ts ection, «governmental body which a fot ‘lly conatitedsubuntota paren goveramenta boy may cn. {ets mectngwibout public notes ele by is secon Guth wl meeting te prea goverment body, ding ite tnsush met os ined ater sch meeting forthe ‘urpon of scuasig ttcting upon eater which ashe S00" eormatinestng of ie pct governmental body, The esis- ‘og fre of the pacar govetnctal body all pubily Bm cone th ate, pace and subject ater of the meting of he SShunt in advance ste mesing of he pent body. mony: ise 6 19 2 fa DT 22 Is Sera Ghat Gy ier ero sot Soe eneaitwar Be ora See eae vast meting veneer ta ioe Tec ate pict SE ee eer sce sae an SESS oot otbeerea So Seca eet ee fei Bans Os WT nap EOS We Segeoieva Soren can lee atom ees cha meee unm ey cm iets ena Ee a ecfay ered wios shear beets eet eee ta cn en ee ne es ae See Dae Sr Scnie hsel aoe ose onlin 00 rng atts See re wen ae ae Te cals prenmeny ea ooo Tein ciponnos pram ts (eee. Ay. Gea 28 qe entre opreoa ny oel y 19.84 "The moans of oe eno aoepaper acer he kon chest. aay Cen i" Atown ai bt ot an anal ore eng. a Sgeverea body” wikia ‘nc reaning the pen ets aw 66 8, Ge 257. owt vio hve fet wien rogue ir ces of ai mesigr conc seth nygcnenltchrrcemoncatn ora “nese ot inte pit nti cleus, (1) (cee uremia ge opus, Mare Wah 475% Supe Eyam 49.85 Exemptions. (1) Any mecting of » governmental body, upon motion duly made and caries, may be convened in Closed session under one or more of the exemptions provide in this section The motion tallbe caredby amor voteinsuch tnanner that he vote of each ember fs ascrtained and recoded inthe minutes, No motion to convene in closed season may be Adopted unless the chet presiding officer announces o those pes tnt atthe meeting at which sch motion fs made, the natu ofthe thsines tobe considered st such lose sesion, and the specific Exemption or exemptions under this subsection by which such lose session fs claimed tobe authorized. Soch announcement Stall become part ofthe cord of the meeting, No business may be taken up atin closed sesion excep hal which elses ate ters contained inthe chief presiding ofier’s announcement of the Closed session, clgsed session may be eld for any of tie fo- lowing purposes: (@) Delierating concerning a case which was the subject of any judicial or quasi adil tal or heating before that govern- mental ody. (©) Considesing disuisal, demotion, licensing or discipline of ny publicemployte or person leaned by abort or commission tor theinvesigtion of charges against such person, or eonsiering the pant or denial of enue fora university faculty member, the taking of formal action on any sich mater, provided ha the faculty member or olher public employee or person lensed is fiven sca notes of any evidentiary hearing which may beheld Dror tonal action being taken and of any meeting a which inal ction mey be taken, The notice hall conalna statement hat the petson has the right to demand thatthe evidentiary hearing or {necting be bel in open session. This paragraph ad par (9 do ‘ot apply to any such evidentiary heating of teeing where the ‘employee or person licensed requests tal an open session be held (©) Considesing employment, promotion, compensation or performance evaluation data of any public employee over which {he governmental body has jursdieion or exercirs responsibil is. (@) Except as provided ns. 30405(1) (es) nd by re promt gated unde. 30406 (1) (em), considering spect epplications Gt probation, extended supervision or parol, or nnsiering ale egy for eine deetion or prevention (e) Deliberating or negotiating the purchasing of public prop- estes, the investing of public funds or conducting ker specie public busines, whenever competitive or bargaining reasons equi a closed we (€=) Deliberating by the council on unemployment insurance ina meeting a which ll employer meabers ofthe eounell oral tanployee members ofthe council re excluded. (et) Detiberting by te council on worker's compensation ia a mecting at which all employer members of te counell or all éanployee members ofthe counell re excluded. (em) Deliberating under 157.70 if the locaton of burial sit, defined ins. 137-70 (1), s subject ofthe deliberation tnd if casing the location a pube would be ikely to resltin dstubance ofthe ura te, (Considering fancal nec, soca or personal histories x discipinry data of peifcpreon, preliminary consideration Gf spect pesonnel problems or the investigation of charges fost specific persons excopt where par (0) apes whic If lecussed in publ, would belie to ave a subaniladverse GENERAL DUTIES OF PUBLIC OFFICIALS (09-10 Wis. Stats. 535 effect upon the reputation of any person referred to in such his, res or dala, or involved in such problems or investigations, (2) Confering with legal counsel forthe governmental boy who is rendering ral or written advice concetming strategy ty, ‘opted by the Body with respect to litigation ia which i ior likely to beenme involved (8), Consideration of requests for confideotial writen ave ‘rom the government accountability board under s. 5.05 (6), fom any county or municipal ethies board under s. 19.59 (5) @) Considering any and all matters related to acts by bis. estes under s. 360.15 which, if discussed in public, cals adversely affect the business, its employees or former employes, (2) No governmental body may commence a meeting, sobs quent convene in closed session and thereafter seconvene asin Inopen session within 12 hours after completion of the closed se sion, unless public notes of such subsequent opea sesion ies sven atthe same ime andi the same manner a te public nose fof the meeting convened prior to the closed session. (3) Nothing inthis subchapter shall be construed to autborze ‘governmental body to consider ata meeting in closed session he {nal ratification or approval ofa collective bargaining agreement under subeh, I IV, V, or VI of eh, 111 which has been negotiates by such body or omits bebalf “sor: 197 «251977 26 192. 84,1985 36,1087 343 88 SDR abn seo anders aa “Although a meeting was propery clwed inorder to rebut inspection of sede othe wcll hecnladabwteegsidty 2.055 (ora apes we PaoieP atten” Osea Nerhwesan ors oxioch ty et ‘Eas Ws wn, S73 LW 459 (CL App. 3985). "eta even tron treennnn 0) antbepa egitgeancr Sse Sa oa Uren ‘SERWHESs Sp ton Sota ange Supe oe ah k Wad ern ea (1 oie mare oc, Net coma tee et ad pay apom Hoge Tea eB sg sO) etn dn lye’ snl op he en oe etn aps ed sao Sy cre Exe Gigofna i 28 Wi 36 i 3 (L Ay 990,97 08, dee txcateetayGocan pamiscocieeing Agoemiigay beat Seep term epee ate ware (Sea Bathe eile concer were pened orp vfs a emg Seninevny eect ecnecr GS Sia a teictebpen Cay elhtns 3 Wrap Wien 1 Nas 60.06 8a Seti) (dc tte at when meg clot nde Be See The caries apy i cing acne Eon SA 1B We 98 Zeer ve Cedrorg School Dis, 2007 W153, 3000.2) Biyranwasa oe oe a eae eakimnccaa Say teas ‘neonizent snopes scsi fo bay fo move ng loud ein BG Oisr oe tpeipice eedocste eevee Evoke ease airy, ep, Vinge of Meta Segeneso veg rea ie ie lig perma Ste eg cet pon ied sat get ner hg Gai fom Sey: Teena ipo exp emi meee, Seedatigrdejenpant anergy tei raoe ‘Bs wi Sia We os, fe Wad 09,0108. in essay cat nyt npn (a a me JEeicacan rene mat ‘hsvniy minty dams poten mt egw a, ‘nce pty pres abet cept sto. 6682 See 1) 2 sor (his too mak apt Sette erg itm tr A ay bd lignite we mt doped yh (9 er arent mame mc Se dco ts ()() east cael oes TAD Oo Sa (i (eer tort eden ear eigen oe son pono SelSton pcs bespeba os paean Sam er Oks oa ie ~ ‘amen ny may cones ncn ee formu i nbgSinuey to G)nq tat clbaciom egret 1985 (0) mars fat eration of smyth yb era icempoye open Soniye cine ea cr ata pmyersecrmmio gt = cawerel closed session without giving the employee peor notice violated the Se a ctpe cakane i s E Se Ook: Siting Sadat, Ws Lav Oe 2008 49.51 Closed sessions by government accountabil- Aboard, Tee government accountability board shall bold each tty pg ofthe board forthe purpose of deliberating concerning cr egation of any vilaton of the law under the jurisdiction ‘araelhis and acoonabiity division ofthe board in closed ses- ste this section. Prior fo convening under this section, the setemnmentaecousabity board shal woe to convene in elosed se spo inthe manner provided in . 19.85 (1). No business may ‘ndcted by the government accountability board at any led session under this ection except that which relates tothe Sorposes ofthe session as authorized in this setion or a8 autho- Fast ins. 1985 (). ney 207.1 4986 Notice of collective bargaining negotiations. ‘Notwithstanding 5. 19-82 (1), whore notice has been given by tiaer pay to collective bargaining agreement under subch. I, {i,¥,0r Viof ch, 111 to reopen such agreement at its expiration (ile lhe employer shall give notice of such contract reopening 28 “ded. 19.84 (2) (0), Ifthe employers nota governmental ouy, notice shall be givenby the employer’schief officer or such psoas designee. (ai YS 8 5; 185,18 a 1987 Legislative mootings. This subchapter shall apply to all eetings of the senate and assembly andthe committees, sub- ommites and other subunits thereof, except that (1) Section 19.84 shall not apply to any mecting ofthe legis ture or subunit thereof called solely forthe purpose of scheduling tsinees before the legislative body; or adopting resolutions of which the sole prpose is scheduling business before the senate or (be assembly, (2) No provision ofthis subchapter which conflicts with arle oftie senate or assembly or joint rue ofthe lepslatue shall apply toa meeting conducted in compliance with such rule. (G) No provision of tis subchapter shall apply to any partisan caveus ofthe senate or any partisan caucus ofthe assembly, except 15 provided by legislative rue. (4) Meetings f the senate or assembly committee on orga ization under 5.71.78 (4) (©) 0 77.61 (5) (b) 3. shall be closed (othe public. ier 1975 e426 1971 416 19873 328. 7 Su hap onchange ments foe pola anyone sane tine tgdos a. Ss enh Lynch: Ct 1 Wi 25,29 Naa Gat. 19.88 Ballots, votes and records. (1) Unless otherwise ‘specifically provided by statute, no secret ballot may be utilized 10 determine any election or other decision of a governmental Sel epte econ the oe osha any mest (2) Except as provided in sub, (1) inthe ease of officers, any member of governmental body tay require thata vote be taken any meeting in such manner that the vote of each member is eettained and recorded. {) The motions and rol call votes ofeach meeting of s gov- mmental body shal be recorded, preserved and opea to public ispection tothe extent prescribed in subeh. I of ch. 19. iso: 1975 4; 188163855 26 lt), cman ome may toe fla vacamy ne oon slyeetettai 6 Ay Gam 1 GENERAL DUTIES OF PUBLIC OFFICIALS 19.97 19.89 Exclusion of members. No duly elected or appointed member of governmental body may be excluded from any meet- {ng of such body. Unless the rules of 2 governmental body provide to the contrary, no member ofthe body may be excluded from any meeting of subunit ofthat governmental body sor: 1975 426. 19.90 Use of equipment in open session. Whenever = governmental body holds a meeting in open session, the body Shall make a reasonable effort to accoramodate any person desit- ing to record, film or photograph the meeting. This section does pol pennit recording, {ming or photographing such a meeting in ‘ uenner that interferes with the conduct ofthe mecting or the rights of the participants. sory: 19776 322 49.96 Penalty, Any maner of goveseatl toy who Taontnely tenga musing of cy bo el ivan 03 Seer i ober ofical capeity otherwise i ieeetnecinenatsby some ator omic sal os wot reimbursement not less than $25 nor more than, $300 for cach such “aetiueNomember ofa governmental bodys ibis under ths Tete on account of hs or her atlendanoe aa meeting held SiR tin abba ite orshe makes or votes favor erento to pevent i aon fom oceurig, ri, lore Te ibibo obs his oc hervtes nal leant moons were ‘cpus wih ali hose cheamances which case evil May 175 28 Ne re mete vt ea Ree 10987_orcoment. (hs igus a cated ane eens byte ney oe tpeke ied upiotiy pox east ene Tay any shel byes nasa Sy Wes ect tea 2jpeles Scheme tb sae nt acme ‘brought by the district attorney, the court shall award any forfei- Merrie pe nae cos coy () esos nape teed poviin «Bi nay eh dy a snip os nen Sapna SB dn cl aaron eb UP ens ir Sa nied oman o Sela dba, mye ppp ere sto ms yan ks aunt sremne lye in dS AbD rane oanacton op ipomy feed Ut We cen wee Me SSE wes any dome: ea ch wera ate ne! tae tout tener be rae pelt te piconet tenor testcase pele ce Says tae way oe sense (ie acy ese rw a cm Ee Uap tn 2 ays ae ‘nace caine pe mang encore ‘ijl etenmlean (S00) ont orber ten Brinnon he Se Sneha ot lan ny oe pone tg ames eit ae tear bs} ‘Siti nae aa Cy Sen 7850s D800 msl sees con ett et neg canta a ee cet Tinea opobfeiraeaharmmeanmseerenars Souk Sobers ates 19.97 ef ease a te agen guy iy Sega aN SNS ‘tomb ps ened ope es ee ca BASSE Noise asses es Failure to bring acon under aissog om bea of i sn fel and metre ee a aes Ee eahcie pana a SEEEARIES'G tengecyorsic ln mo Wg Se Bocsnew aos sae Hodge Town Tue, a GENERAL DUTIES OF PUBLIC OFFICIALS 09-10 Wis. Stas, 54 “whens ti non wa dey te cout dt ck ing an actoofareafocrentonde a () oy enalidol spate sare ‘SMlonteballethe rata ide bud eo ‘Eoehey et Lavin Inowa anon 20 01 App 10-08 Wa ‘ea wad soe Obes 78 1006 iterprtrtion by stiomey poner Any 1008 ee ee pierre aeepet came Se VERIFIED OPEN MEETINGS LAW COMPLAINT Now comes the complainant, Peter Barca, pursuant to Wis. Stat. §§ 19.96 and 19.97, being first duly sworn on oath alleges and complains: a ‘That [ am an adult resident of the State of Wisconsin and am the elected Representative of the 64% Assembly District. 2, That I make this affidavit on my own personal knowledge. 3, That my principal office is located at Room 201 West, State Capitol, Madison, ‘WI, 53708. 4. That Jeff Fitzgerald, whose principal office is located at Room 211 West, State Capitol, Madison, WI 53708, is on the day of March 10, 2011, chief presiding officer of the Wisconsin Assembly, and that the Wisconsin Assembly is a governmental body within the meaning of Wis. Stat. §§ 19.82(1) and 19.87; 5, That Scott Fitzgerald, whose principal office is located at Room 211 South, State Capitol, P.0. Box 7882, Madison, Wisconsin, 53707-7882, is on the day of March 10, 2011, chief presiding officer of the Wisconsin Senate, and that the Wisconsin Senate is @ governmental body within the meaning of Wis. Stat, §§ 19.62(1) and 19.87; 6. That Representative Jeff Fitzgerald and Senator Scott Fitzgerald presided overa meeting of the Joint Committee of Conference on January 2011 Special Session ‘Assembly Bill 11 at 6:00 pam. on the 9th day of March 1, 2011, at the Senate Parlor, State Capitol, Dane County, Wisconsin; Attachment 2 AdOD 7. * That the meeting of Conference Committee was attended by 2 Senators and 3 Representatives, and that I was the sole Democratic member of the Legislature in attendance; 8 That the members of the Senate voted on and passed Special Session ‘Assembly Bill 11 at the meeting, even though the Senate had not previously voted on or passed Assembly Bill 11 or the companion Senate Bill; a floor period ofthe Senate had not been called or publicly noticed; and the meeting was announced to the public and members. of the legislature as a meeting of the Joint Committee of Conference. 9, That under Joint Rule 3 of the Wisconsin Legislature, a Committee of Conference “consisting of 3 members from each house may be requested by either house” in “all cases of disagreement between the senate and assembly on amendments, adopted by either house toa bill or joint resolution passed by the other house.” Joint Rule 3(1)- 10. ‘That under Joint Rule 3 of the Wisconsin Legislature, the Committee of Conference "shall meet and state to each othe! +, orally or in writing, the reasons of their respective houses for or against the disagreement, and confer thereon, and shall report to their respective houses any agreement they arrive at by the vote of at least a majority of the members of the committee representing each house.” Joint Rule 3(1)(a). 11. That under Joint Rule 3 of the Wisconsin Legislature, “when the committee of conference has reached agreement the report shall be first presented, ifa senate bill or joint resolution, to the assembly and, ifan assembly bill or joint resolution, to the senate.” Joint Rule 3(1)(b) 42. That under Joint Rule 3 of the Wisconsin Legislature, “approval of the conference report by 2 roll call vote in each house sufficient to constitute final passage of the proposal shall be final passage ofthe bill or final adoption and concurrence inthe joint resolution in the form and with the changes proposed by the report.” 13, That the meeting of ‘the Joint Committee of Conference on January 2011 Special Session Assembly Bill 11” convened at 6:00 pain. on the 9th day of March 2, 201, was not conducted in compliance with Joint Rule 3, and is not exempt from the requirements of the Open Meetings Law, as mandated by Wis. Stat. §§ 19.87 and 19.87(2)5 44, That the public notice for the meeting was misleading and insufficient to apprise the publicand the news media that the majority of the Senate would take a vote to pass the bill, which had not previously passed the Senate; 15, That the public notice of the meeting did not set forth the time, date, place and subject matter of the meeting in such form as was reasonably likely to apprise members of the public and the news media thereof in violation of Wis. Stat. § 19.84(2); 16. ‘That I did notreceive notice of the meeting until 4:20 pm. on March 9, 2010; 47. That the public notice of the meeting was not given 24 hours in advance of the meeting and no good cause existed such that notice of 24 hours was impossible or impractical, in violation of Wis. Stat. § 19.84 B) 18, That even if good cause existed, public notice of the meeting was given less that two hours before the meeting, in violation of Wis. Stat. § 19.84 (4); 19, That there has been an extremely high level of public interest in Special Session Assembly Bill 11; 20, ‘That the meeting was held in the Senate Parlor, which is a small room with very limited space for the public, and was not reasonably accessible to members of the public or all citizens, in violation of Wis. Stat. §§19.81(2) and 19.82(3); 21. That the Capitol was locked before the meeting and that citizens who wished to attend the meeting could not enter the building to attend the meeting, in violation of Wis. Stat. §§ 19.81(2), 19.82(3), and 19.96; 22. That, after the meeting convened, I repeatedly objected to the meeting on grounds that it violated the Open Meetings Law, and my objection was overruled or ignored by Senator Scott Fitzgerald; 23, ‘That Scott Fitzgerald, Jeff Fitzgerald, and all other participants knowingly attended the meeting held in violation of the Open Meetings law and are thereby subject to the penalties prescribed in Wis. Stat. § 19.96; 24, ‘That declaratory and injunctive relief are necessary under Wis. Stat, § 19.97(2) to avoid irreparable injury to the public; 25. That the action taken in the meeting should be ordered void under Wis. Stat. §19.97(3); 26. That the following documentary evidence of said acts or omissions is attached to this complaint: . a, Meeting Notice b. Joint Rule 3 c. Senate Rule 93 d. Email of Notice to Legislators 27. That this complaint is made to the District Attorney for Dane County under the provisions of Wis. Stat. § 19.97, and that the district attorney may bringan action to recover the forfeiture provided in Wis. Stat. § 19.96 and to petition for declaratory and injunctive relief pursuant to Wis. Stat. §19.96(2). WHEREFORE, complainant prays that the District Attorney for County, Wisconsin, timely institute an action against Scott Fitzgerald and Jeff Fitzgerald to recover the forfeiture provided in Wis, Stat. §19.96, and to obtain declaratory and injunctive relief pursuant to Wis, Stat. § 19.96(2) together with reasonable costs and disbursements as provided by law. STATE OF WISCONSIN) }ss. COUNTY OF ) Peter Barca, being first duly sworn on oath deposes and says that he is the above-named complainant, that he has read the foregoing complaint and that, based on his or her knowledge, the contents of the complaint are true / ) / OMPLAINAN| Subscribed and sworn to before me this jOday of March, 2011. ZB pr Cron fA Notary Public, State of Wisconsin My Commission: _{ P2Avreret— LL peAwrer Page 1 of I McGuire, Thaddeus From: Renk, Jeff Sent: Wednesday, March 09, 2011 4:18 PM Committge of Conference on January 2011 Special Session Assembly Bill 11 meeting at 6:00 P.M. on Wednesday, March 9, 2011 ‘Attachments: Conference Notice - ABI1JR1.doc Jeffrey Renk Assistant Chief Cleric Wisconsin Senate Room B20 Southeast, State Capitol (608) 266-2517 iefirenk@legis.wisconsin.gov Subjec' 3/10/2011 EXECUTIVE SESSION Committee of Conference on January 2011 Special Session Assembly Bill 11 —_—— ‘The committee will hold an executive session on the following items at the time specified below: ‘Wednesday, March 9, 2011 6:00 PM Senate Parlor State Capitol January 2011 Special Session Assembly Bill 11 Relating to: stale finances, collective bargaining for public employees, compensation and fringe benefits of public employees, the state civil service system, the Medical Assistance program, sale of ceriain facilities, granting bonding authority, and. making an appropriation. ‘By Committee on Assembly Organization, by request of Governor Scott Walker. Seating for the public and legislative staff will be limited. Access for the public will be available bby contacting the Sergeant-ai-Arms staff outside the 2nd floor entrance of the Senate Chamber 30 minutes prior to the start of the meeting. ‘Senator Scott Fitzgerald Representative Jeff Fitzgerald Senate Chair Assembly Chair aint Rale 3 Lof2 bitip:/fnxtlepis.wisconsin gov/axt/gateway.dll/Session Related/rales/... Joint le 3 Soint Rae 3 “Joint Rule 3. Commitee of conference. Joint Role 3 “Joint Rule 3(1) (dp Inall cons of dsaprereat between the senate and assembly on amendments, adopted by ether house to abillor joint resolution pay the eter hou, a cmmatioe of conference consisting of3 members from each house may be requested by either howe, andthe Uther howse shal appoint infor comalse. Atleast one member ftom each house shal be & member ofthe minority party. Joint Rule3 “Joint Rule 31) 1) (a) The teual maner of procedure is as fllovs: If bil of one house bas been amended and pasod by the other house, and as been sched in the house of origin andthe house of rigin has refused to concur ia an amendment, the house of erin may appoint» commitee of ‘Safsrence and notify the other house, which sall appoint a committe of conference unless it votes to recede fom its ameciment. Such Sumatces shal be appointed as provided inte rues ofeach house. The joint committe stall mect and stat to cach othe, orally or ia irl the semsone of her respective houses for or against the disareement, and confer thereon, and shall report other respective howses iy amecscat they arsve at bythe vote oF east a msjority ofthe members of the commits representing cach house, olat Rule3 ‘lat Rule 31) (0) “hy When tne committee of conference has eached ageement the report shal be fost presented, if seuate bil or joint resolution, to the assembly and ian remy bilor joint resolution othe senate. The vote by each hows approve the conference report consties final ‘ction onthe proposal and may no be reconsidered. Joist Rule3 ‘oint Rule 3(1) lc) “a) Asproval ofthe conference report by all call vote in each house sufcent to constitute final passage ofthe proposal shall be final asap ofthe bilo Gia edopton ond concurrence in the Jott resolution in the fc and with the changes proposed by the report. 3/0011 9:57 AM int Rule 3 20f2 tp: (/nxt legis.wisconsin.gov/nxt/gateway dll/Session Related/rules/ Joint Rale3 “Joint Rae 31) (¢) “Ifthe commie of conference is unable to agree, anther committee of conference consisting of oew members may be appointed as provided in the rls of each house and may proceed to farther consideration of the proposal Joint Rules “oint Rate 32) {@) Acommitce of conference shall meet on the eal of either cochisperson. Jolnt Rule 33 “ojnt Rule 3 3) (G) Areport of commits of conference may not be amended and may not be divided. [() and @) am, 19870848) [() mam, 2001 R15] TQ) and 3) ex. 2001 ATR-15] 3/10/2011 9:57 AM nate Rule 93 bt: (foc legis wisconsin gov/NXT/gateway.dll/Session Related/rule, Senate Rule 93 “Scunte Rule 93. Special or extraordinary sessions Uns otherwise provide by the senate fora specific special or extraordinary session, the ues ofthe senate adopted forthe bien session, wth te following modifications, apply to each special session called by the governor land to each exrardinary sesion called bythe senate tnd assembly organization commites or called by a joint resolution approved by bet houses Senare Rule 9311, (1) Except as povided in sub. (14), propostl or amendment may ot be consered unless it accomplishes the special purposes for which se special session as convened or the business specified in the action authorizing the extraordinary seston. Notwithstanding ue 466), any ‘proposal thet i adversely and finally disposed of fr the biennial session may be evived by specific inclusion nthe action euthorzing an Erarordinary sesion, provided thet the proposal had nt Tailed a vot of concurrence or passage inthe senate, Any propesl revived under this subsections consiered tobe atthe same sage ofthe proceedings 2: it had attained upon being adversely and finally disposed of. Senate Ral 931) ‘(1a) Resolsons offering commendtions, congratulations, or condolences, emovilizing congress ot an individual, or affecting senate or Jegslaive rules or proecedings ae delared not to be within the meaning ofthe term "business" under the constitutional provision liniting the ‘matters to be considered during special sessions to those enumerated in the governor's call for a special session. AI such raters may be ‘considered during any extraordinary session. Senate Rule 95 1p) (ip) Asenate proposal may not be considered unless itis recommended to be inroduced, offered, or considered by the committee on senate congantzaton the soate commitee on finance, the oi! commiteson france, the joint eoramitee on legislative organization or by the joint committe on employment relations. ‘Senate Role 93.2) {@) Anotice of committee mestng i not required other than posting oo the legislative bulletin board, and a bulletin of committe hearings ‘may oot be published. Lof2 3/10/2011 9:56 AM ‘itp: legis. wisconsin gowNXT/gateway dll/Session Related/rule... Senate Rule 93.31 () The daily calendar isin effet immediately upon posting on the Ieisaive bulletin boards. Te calendar need not be distributed ‘Senate Ru 93 (4) (4) Any point of order shall be decided within one hou. Senate Rule 93 (3) (6) A mation may not be entertained to postpone ation 1 a day ote cetin, Senate Role 93 (6) lpn ston ave «ropes at ay at ose a propel oh asenbly maybe doped by amjoy of hos pee voting. (er. 1983 SRes. 4] (itr. am. 1989 Ses. 3] [()and(3) am. 1995 Ses. 2) [€) to) and (5) am. 2001 S.Res. 2) {Gtr}, (1), (Ip) and (6) am. 2003 S.Res, 3} [04) (Bom rule 33 (3) am. 2003 Ses. 3] [Ctr (1), (14, (0p) and (2) am 2005 S.Res. 2) 20f2 3/10/2011 9:56 AM NOW COMES THE COMPLAINANT Kathleen Falk, personally, and the County of Dane, as and for a verified complaint pursuant to Wis. Stat, Sec. 19.96 and 19.97 alleges and complains as follows: 1 ‘That Kathleen Falk states she is a resident of the City of Madison, Wisconsin and that her business post office address is City County Building, Room 421, 210 Martin Luther King Jr. Blvd., WI 53703. ‘That she is the acting County Executive for Dane County, Wisconsin and was formerly the elected County Executive for Dane County, Wisconsin. ‘That Wisconsin State SENATOR SCOTT FITZGERALD whose business post office address i Room 211 South, State Capitol, Madison, Wisconsin, on the 9° day of March, 2011, is the Senate Majority Leader of the State of Wisconsin, currenily presiding as the chair of the Joint Legislative Conference Committee and that the Conference Committee and the State Senate are both governmental bodies within the meaning of Wis. Stats. sec. 19.82(1). ‘That SENATOR SCOTT FITZGERALD, SENATOR MICHAEL ELLIS, REPRESENTATIVE JEFF FITZGERALD AND REPRESENTATIVE SCOTT SUDER knowingly attended a mecting of the Joint Legislative Conference Committee said governmental bodies held in violation of Wis. Stat. Sec. 19.84, 19.87, 19.88 and otherwise violated those sections in they failed to provide the requisite and timely notice for the committee meeting and the Senate vote as required by law. They were warned in the committee by State Representative Peter Barca that they would be violating the Open Meetings provisions of Chapter 19 by proceeding. Representative Barca, who read from 2010 guidance of the Wisconsin Attorney General on Open Meetings, and his warming were ignored. ‘That SENATOR SCOTT FITZGERALD, SENATOR MICHAEL ELLIS, REPRESENTATIVE JEFF FITZGERALD AND REPRESENTATIVE SCOTT SUDER voted in favor of the alleged amendments to Senate Bill 11 bill at the Joint Legislative Conference Committee meeting, said amendments to purportedly strip the bill of any fiscal impacts so that the bill could be forwarded within mimites to the full Senate for consideration. That at this committee meeting, SENATOR SCOTT FITZGERALD, SENATOR MICHAEL ELLIS, REPRESENTATIVE JEFF FITZGERALD AND REPRESENTATIVE SCOTT SUDER failed to heed the waming of Representative Barca and are thereby subject to the penalties prescribed in Wis. Stat. Sec. 19.96 and in addition the voiding any action taken by the Joint Legislative Conference Committee or the Wisconsin Senate in violation of the Open Meetings Laws of Wisconsin. Attachment 3 6. The following witnesses can testify to the said acts or omissions: Rep. Peter Barca — Room 201 West, State Capitol, Madison, WI 53703 — Phone # 266-5504 Sen. Scott Fitzgerald - Room 211 South, State Capitol, Madison, WI 53703 — Phone # 266-5660. ‘Members of the news media and public who attended the committee meeting or Senate vote. All Republican members of the Wisconsin Senate. 7. That the following documentary evidence of said acts or omissions is available: video footage of the committee meeting exists from various news outlets, particularly WisconsinBye, Public Affairs Network, upon information and belief statements of SENATOR SCOTT FITZGERALD confirming that less than 24 hours notice was given for both the Joint Legislative Conference Committes and the vote of the State Senate, also upon information and belief notices for the Joint Legislative Conference Committee or the Wisconsin Senate vote that were posted with less than 2 hours notice. 8. That this complaint is made to the District Attomey for Dane County, Wisconsin and the Attomey General of the Siate of Wisconsin to timely institute an action against SENATOR SCOTT FITZGERALD, SENATOR MICHAEL ELLIS, REPRESENTATIVE JEFF FITZGERALD AND REPRESENTATIVE SCOTT SUDER and members of the Wisconsin Senate who voted in favor of the “Budget Repair Bill” on March 9, 2011 to recover the forfeiture provided in Wis. Stat. Sec. 19.96, together with reasonable costs and disbursements as provided by law as well as further relief voiding any action taken following a violation of the Open Meetings Laws. Such action would include the voiding of amendments to Senate Bill 11 made during the improperly noticed and therefore, illegal mecting of the Joint Finance Committee and the subsequent approval of the purportedly amended Senate Bill 11 which was both the product of an illegal meeting of the Joint Finance Committee and the product of a vote taken during an improperly noticed and therefore illegal meeting of the Wisconsin Senate. Upon information and belief the vote in the Senate was 18-1 with Senator Dale Schultz voting “no.” STATE OF WISCONSIN ) ys. COUNTY OF DANE —) Kathleen Falk, being first duly sworn on oath deposes and says that he is the above-named Complainant, that she has read the foregoing Complaint and that, based on her knowledge, the contents of the Complaint are true, wf BEN FALK — COMPLAINANT Subsoribed and sworn to before me this ]O% day of March, 2011 ina) Notary Public, State of Wisconsin My commission: I~ IU-13. i 4 i | | STATE OF WISCONSIN ex rel Martin Beil 8033 Excelsior Drive, Suite C Bauer & Bach, LLC Madison, WI 53717, ATTORNEYS AT LAW Plaintiff, ‘MICHAEL R. BAUER 123 E. MAIN STREET, SUITE 300 v. MADISON, WI 53703 | PHONE 608.260.0295 FAX 608.60.0002 EMAIL bmec@bmerbachcom STATE OF WISCONSIN = SENATE, and i SCOTT FITZGERALD, Wisconsin Senate Minority Leader and as a member of the Wisconsin Senate, and STATE OF WISCONSIN ASSEMBLY, and JEEF FITZGERALD, Wisconsin Assembly Speaker and as a member of the Wisconsin Assembly, Defendants. VERIFIED COMPLAINT STATE OF WISCONSIN ) )ss. COUNTY OF DANE ) Martin Beil, being first duly sworn on oath, alleges that the defendants have violated subchapter V of Chapter 19, Wisconsin Statutes, as follows: 1. Plaintiff, Martin Beil, is an adult resident of the State of Wisconsin whose business address is 8033 Excelsior Drive, Suite C, Madison, WI 53717. 2. Plaintiff, State of Wisconsin, is a sovereign state of the United States of ‘America, with its principal offices at the State Capitolint Madison, Wisconsin. Attachment 4 ~~ Kd OD 3, Defendant Wisconsin State Senate is a legislative body of the State of Wisconsin, with its principal offices at the State Capitol in Madison, Wisconsin. Robert Marchant is the Chief Clerk of the Wisconsin Senate. 4. Defendant Scott Fitzgerald is an adult resident of the State of Wisconsin, whose address is N4652 Maple Road, Juneau, Wisconsin 53039. At all times pertinent to the events of this complaint, Scott Fitzgerald has served as the Wisconsin Senate Majority Leader and has been a member of the Wisconsin Senate and served as chair of the conference committee for the Special Session Budget Repair Bill. 5. Defendant Wisconsin State Assembly is a legislative body of the State of Wisconsin, with its principal offices at the State Capitol in Madison, Wisconsin. Patrick Fuller is the Chief Clerk of the Wisconsin Assembly. 6. Defendant Jeff Fitzgerald is an adult resident of the State of Wisconsin, whose address 10 Sunset, Horicon, Wisconsin 53032. At all times pertinent to the events of this complaint, Jeff Fitzgerald has served as the Wisconsin Assembly Speaker and has been a member of the Wisconsin Assembly. 7. Pursuant to Wis. Stat.'§19.97(1), the district attorney may enforce the state open meetings law on behalf of any person who has filed a verified complaint. FIRST CLAIM Violation of Wis. Stat. § 19.83—Open Session 8. On March 9, 2011, Defendants held a meeting of a Conference Committee to consider Assembly Bill No. 11, known as the Budget Repair Bill. 9. ‘The committee took action on the bill, passing it on a vote of four ayes and two nays 10. OnMarch 9, 2011, the public was denied entry to the Wisconsin Capitol, thus precluding members of the public, except those already inside the building from attending the committee meeting. 11. Wis. Stat. § 19.83 requires that every meeting ofa governmental body, except as provided in § 19.85 be held in open session. SECOND CLAIM ‘Violation of Wis. Stat. §§ 19.83, 19.84(2) and (3)—Open Session/Public Notice 12, _ Plaintiff reasserts the allegations set forth in Paragraphs 8 and 9. 13. Notice of the Conference Committee meeting reférenced above was given to legislators, the media, and the public less than two hours prior to the meeting of the committee. 14. Wis. Stat. § 19.84(3) requires that meetings be noticed, absent special circumstances, at least 24 hours in advance of the meeting. is. The Wisconsin Senate Clerk has issued a statement that Senate Rule 93 allows the Wisconsin Senate to ignore the mandates of Wis. Stat. §§ 19.83, 19.84(2) and @). 16. Despite Wisconsin Senate Rules to the contrary, the plain language of Wisconsin Statutes must be followed. WHEREFORE, Plaintiff asks for judgment as follows: 1. Anorder of the Court finding that the actions of the defendants are voidable and void for failure to be done in accordance with the provisions of the Open Meetings Law, pursuant to Wis. Stat. § 19.97(3); 2. For the remedies described in Wis. Stat. § 19.96, providing for forfeitures Deing assessed against any member of the State Legislature who knowingly attended a meeting in violation of state statute; 3. Forreasonable attorney fees; 4. Foreostsand disbursements; and 5. Suchotherreliefas the Court deems appropriate. Dated this 10° day of March, 2011. Martin Beil Subscribed and sworn to before me this 10% day of March, 2011. LZ Ly LY Le lotary Public, State of Wisconsin ‘My commission is permanent. NOW COMES the complainant Dave Cieslewicz personally and as City of Madison for a verified complaint pursuant to Wis. Stat. Sec. 19. alleges and complains as follows: 1. That Dave Cieslewicz states he is a resident of the City of Madison, Wisconsin and that his business post office address is City County Building, Room 403, 210 Martin Luther King Jr. Blvd. , WI 53703. That he is the duly elected Mayor for the City of Madison, a Wisconsin municipal corporation. 2. That Wisconsin State SENATOR SCOTT FITZGERALD whose business post office address is Room 211 South, State Capitol, Madison, Wisconsin on the 9” day of March, 2011, is the Senate Majority Leader of the State of Wisconsin, currently presiding as the chair of the Joint Legislative Conference Committee and that said conference committee and the State Senate are both governmental bodies within the definition provided by of Wis. Stats. sec. 19.82(1). 3. That SENATOR SCOTT FITZGERALD, SENATOR MICHAEL ELLIS, REPRESENTATIVE JEFF FITZGERALD AND REPRESENTATIVE SCOTT SUDER knowingly attended a meeting of the Joint Legislative Conference Committee held in violation of Wis. Stat. Sec. 19.84, 19.87, 19.88 and otherwise violated those sections in that they failed to provide the requisite and timely notice for the committee meeting and the Senate vote as required by law and were wamed in the committee by State Assemblyman Peter Barca that they would be violating the Open Meetings provisions of Chapter 19 by proceeding. ‘Assemblyman Barca, who further read from a 2010 opinion of the Wisconsin Attomey General, was ignored. 4, Upon information and belief the notice for the meeting of the Joint Legislative Conference Committee and a separate notice of the Wisconsin Senate meeting ‘were posted at or about 4:00 PM (CST) or “shortly thereafter”. The Meeting of the Joint Legislative Conference Committee began at or about 6:04 PM (CST). ‘The Wisconsin Senate met immediately following the meeting of the Joint Legislative Conference Committee. 5, That SENATOR SCOTT FITZGERALD, SENATOR MICHABL ELLIS, REPRESENTATIVE JEFF FITZGERALD AND REPRESENTATIVE SCOTT SUDER (three others) voted in favor of the alleged amendments to Senate Bill 11 at the committee meeting, said amendments to purportedly strip the bill of any fiscal impacts so that the bill could be forwarded within minutes to the full Senate for consideration. That at this committee meeting SCOTT FITZGERALD, SENATOR MICHAEL ELLIS, REPRESENTATIVE JEFF FITZGERALD AND REPRESENTATIVE SCOTT SUDER failed to heed the waming of Assemblyman Barca. and are thereby subject to the penalties prescribed in Wis. Attachment 5 Stat. Sec. 19.96 and in addition the voiding any action taken [b i Legislative Conference Committee or the Wisconsin Senate in vi GORY Wisconsin Open Meetings Laws. Additionally, Senate Maiprty Leader SENATOR FITZGERALD failed to inform the Senate that REPRESENTATIVE BARCA had raised concems that said meetings were not properly noticed and thus, violated the Wisconsin Open Meetings Laws. 6. The following witnesses can testify to the said acts or omissions: Representative Peter Barca Representative Scott Fitzgerald All Republican members of the Wisconsin Senate. Members of the news media and public who attended said meetings. 7. That the following documentary evidence of said acts or omissions is available: video footage of the committee meeting exists from various news outlets, particularly WisconsinEye, Public Affairs Network, upon information and belief statements of SENATOR SCOTT FITZGERALD confirming that less than 24 hours notice was given, also upon information and belief no official records exist to establish the timing of said meeting notices and furthermore, it cannot be established with certainty that notices for the Joint Legislative Conference Committee or the Wisconsin Senate were posted such that the public was provided with 2 or more hours notice of said meetings.. 8. That this complaint is made to the District Attomey for Dane County, Wisconsin and to the Attorney General for the State of Wisconsin, to timely institute an action against SENATOR SCOTT FITZGERALD, SENATOR MICHAEL ELLIS, REPRESENTATIVE JEFF FITZGERALD AND REPRESENTATIVE SCOTT SUDER end members of the Wisconsin Senate who voted in favor of the Senate Bill 11, the“Budget Repair Bill” on March 9, 2011 to recover the forfeiture provided in Wis. Stat. Sec. 19.96, together with reasonable costs and disbursements as provided by law as well as further relief including voiding any action taken following a violation of the Open Meetings Laws. Such action would include the voiding of amendments to Senate Bill 11 made during the improperly noticed and therefore, illegal mecting of the Joint Legislative Conference Committee and the subsequent approval of the purportedly amended Senate Bill 11 which was both the product of an illegal meeting of the Joint Legislative Conference Committee and the product of a vote taken during an improperly noticed and therefore illegal meeting of the Wisconsin Senate. Upon information and belief the vote in the Senate was 18-1 with Senator Dale Schultz voting “no.” COPY STATE OF WISCONSIN ) )ss. COUNTY OF DANE ©) Dave Cieslewicz, being first duly swom on oath deposes and says that he is the above-named ‘Complainant, that he has read the foregoing Complaint and that, based on his/her knowledge, the contents of the Complaint are true. Subscribed and sworn to before me this /O7" day of March, 2011. EXECUTIVE SESSION Committee of Conference on January 2011 Special Session Assembly Bill 11 ‘The committee will hold an executive session on the following items at the time specified below: Wednesday, March 9, 2011 6:00PM. Senate Parlor State Capitol January 2011 Special Session Assembly Bill 11 Relating 10: state finances, collective bargaining for public employees, ‘compensation and fringe benefits of public employees, the state civil service system, the Medical Assistance program, sale of certain facilities, granting bonding authority, and making ’an appropriation. "By Commitice on Assembly Organization, by request of Govemor Scott Walker. Seating for the public and legislative staff will be ited. Access for the public will be available by contacting the Sergeant-at-Arms staf ouside the 2nd floor entrance of the Senate Chamber 30 ‘minutes prior to the start of the meeting. ‘Settitor Scott Fitfee@id LE: ent, erald Senate Chair Assembly Chair State of Wisconsin ‘SENATE CALENDAR January 2011 Special Session Wednesday, March 9, 2011 First Order. Call of Roll. Second Order. Chief clerk's entries. Third Order. Introduction, first reading and reference of proposals. Fourth Order. _- Report of committees. QUESTION: Shall the committee of conference report be adopted? January 2011 Special Session Assembly Bill 11. Relating to: state finances, collective bargaining for public employees, compensation and fringe benefits of public employees, the state civil service system, the Medical Assistance program, sale of ceriain facilities, granting bonding authority, arid making an appropriation. By Committee on Assembly Organization, by request of Governor Scott Walker. Fifth Order. Petitions and communications. Sixth Order. Referrals and receipt of committee reports concerning proposed. administrative rules. Seventh Order. Advice and consent of the Senate Eighth Order. Messages from the Assembly. Ninth Order. Special Orders. Tenth Order. Consideration of motions, resolutions, and joint resolutions not requiring a third reading. Eleventh Order. Second reading and amendments of senate joint resolutions and senate bills. Twelfth Order. Second reading and amendments of assembly joint resolutions and assembly bills. Thirteenth Order. ‘Third reading of joint resolutions and bills: Fourteénth Order. Motions may be offered. Fifteenth Order! Announcements, adjournment honors, and remarks under special privilege. Sixteenth Order. Adjournment. EXECUTIVE SESSION Committee of Conference on January 2011 Special Session Assembly Bill 11 ‘The committee will hold an executive session on the following items at the time specified below: ‘Wednesday, March 9, 2011. 6:00 PM. ‘Senate Parlor State Capitol January 2011 Special Session Assembly Bill 11 Relating to: state finances, collective bangsiing for public employees, compensation and fringe benefits of public employees, the stafe civil service system, the Medical Assistance program, sale,of certain facilities, granting bonding uiorty, and smakiig an appropriation, "By Committee on Assembly Organization, by request of Govemor Soott Walker. Seating for the public and legislative staff willbe limited. Access for the public willbe available by contacting the Sergeart-ct-Arms staff outside the 2nd floor entrance of the Senate Chamber 30 rmimutes prior to the start of the meeting. Scott Fitzeegad Moke erald Senate Chair Assembly Chair Attachment 6 = =e = Eh & a re: ee JOINT RULES As last affected by 2007 Senate Joint Resolution 1 Concurred in January 3, 2007 2007-2008 SESSION SCHEDULE AT A GLANCE Created by 2007 SJR-1, January 3, 2007 January 3, 2007 January 9, 2007 Jan, 30 to Feb. 1, February 13, 2007 Feb. 20to March 1, March 13 to 15, 2007 ‘April 17 to 26, 2007 . May 3, 2007 2.00..0000101 May 8 017, 2007. °1"""" Cru-Th). ‘May 29 to June 29, 2007, OR budget passage (Tu—Fa) '1 11 Floorperiod ‘August 9, 2007 °- + utsday) Nonbudget Bly sent to Governor ‘August 9, 2007 (oriacr) +* (Thursday) ..." 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