Justices Say Sumi Usurped Power of Legislature
By John Forester(Don't Use) | June 15, 2011
From WisPolitics:
The Supreme Court found in its ruling that Judge Maryann Sumi exceeded her authority in enjoining publication of the collective bargaining changes, finding that judges do not have the power to do so.
The justices said they granted the request to take original jurisdiction in the case because Sumi “has usurped the legislative power which the Wisconsin Constitution grants exclusively to the legislature” that the “legislature shall provide by law for the speedy publication of all laws.”
“The court’s decision on the matter now presented is grounded in separation of powers principles,” the justices wrote. “It is not affected by the wisdom or lack thereof evidenced in the Act. Choices about what laws represent wise public policy for the State of Wisconsin are not within the constitutional purview of the courts. The court’s task in the action for original jurisdiction that we have granted is limited to determining whether the legislature employed a constitutionally violative process in the enactment of the Act. We conclude that the legislature did not violate the Wisconsin Constitution by the process it used.”
Justices Shirley Abrahamson, Ann Walsh Bradley and Pat Crooks concurred with the majority in part, while dissenting on other points.
The court also ruled that the Legislature did not violate a provision in the state constitution requiring the doors of each house of the Legislature will be kept open except when “the public welfare shall require secrecy.” During last week’s oral arguments, the justices asked a series of questions about the meaning of that provision and how the conference committee that approved the collective bargaining bill operated.
Dane County DA Ismael Ozanne, in bringing the complaint, charged the doors to the Senate Parlor where the committee met were locked at one point and public access to the room was limited. It was packed with reporters, and WisconsinEye broadcast the proceedings live, but some members of the public who wanted to get in were barred, according to court testimony.
“There is no constitutional requirement that the Legislature provide access to as many members of the public as wish to attend meetings of the Legislature or meetings of legislative committees,” the justices wrote.
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GOP to Tweak WiscNet Provision
By John Forester(Don't Use) | June 14, 2011
From WisPolitics:
Assembly Republicans will introduce an amendment that will delay by two years budget provisions to end the WiscNet system, GOP leaders said today.
Rep. Robin Vos, the Assembly co-chair of the Joint Finance Committee, said in addition the amendment will allow the UW System to continue receiving more than $30 million in federal funding to install infrastructure for WiscNet over the next two years. Vos, R-Rochester, said the amendment will also include an audit.
More information to follow.
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SAA Video Update — WiscNet, Green Bay and More
By John Forester(Don't Use) | June 8, 2011
Please use the link below to access the SAA Video Update and Legislative Alert on WiscNet, the Green Bay school choice vote and other legislative developments.
I have provided links below for the various bills discussed in the video.
Thanks for listening. And, as always, thanks for all you do on behalf of Wisconsin school children.
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More Information On WiscNet Fiasco
By John Forester(Don't Use) | June 7, 2011
In an effort to provide further information on the Joint Finance Committee’s late night WiscNet fiasco, I am providing you with a link to the DPI’s memo memo on the subject that was just released.
I am aware that legislators are trying to allay your concerns by saying that school internet services will not be adversly impacted. In response, I would send them a copy of this DPI memo. Clearly schools are adversly impacted. More information to follow.
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JFC Votes to Abolish WiscNet
By John Forester(Don't Use) | June 6, 2011
In another late night fiasco, the Joint Finance Committee approved a broad omnibus motion on the UW System that includes provisions regarding telecommunications services currently provided by the UW System to other public entities. It appears the provisions are designed to accomplish two things:
- Attempt to force the UW (Extension and Madison) to return the $39 million in broadband grants to the federal government.
- Eliminate WiscNet as a viable cooperative Internet service provider by forcing the UW to give up membership in WiscNet and prevent WiscNet from buying engineering services from UW-Madison.
It seems clear that the big telecommunications corporations were behind this and that this provision will dramatically increase the cost of Internet services for public schools. The relevant portion of the omnibus motion appears below.
- Telecommunication Services: Prohibit the Board of Regents, the UW System, any UW institution, or the UW-Extension, directly or indirectly, from doing any of the following: (a) receiving funds from any award from the National Telecommunications and Information Administration (NTIA) under the U.S. Department of Commerce for the Building Community Capacity through Broadband (BCCB) project; (b) disbursing, spending, loaning, granting, or in any other way distributing or committing to distribute any funds received with respect to, budgeted to, or allocated for the BCCB project; and (c) participating in the planning, organization, funding, implementation or operation of the BCCB project. In addition, require the Board of Regents to reduce the amount expended on telecommunications services during the 2011-13 biennium by the total value of any funds, goods, or services that have been or will be distributed or committed to be distributed by or on behalf of the Board of Regents, the UW System, any UW institution, or the UW-Extension on or after May 1, 2011, to any participant, contractor, or supplier related to the BCCB project.
- Modify current law to specify that the Board of Regents shall not offer, resell, or provide telecommunications services, directly or indirectly, that are available from a private telecommunications carrier to the general public or to any other public or private entity. Define telecommunications services as including data and voice over Internet protocol services, Internet protocol services, broadband access and transport, information technology services, Internet access services, and unlit fiber.
- Prohibit the Board of Regents, the UW System, any UW Institution, or the UW-Extension from becoming or remaining a member, shareholder, or partner in or with any company, corporation, non-profit association, joint venture, cooperative, partnership, consortium, or any other individual or entity that offers, resells, or provides telecommunications services or information technology services to members of the general public, or to any private entity, or to any public entity other than the Board, the UW System, any UW Institution, or the UW-Extension.
- Specify that WiscNet could no longer be a department or office within the UW-Madison Division of Information Technology beginning on July 1, 2012, and delete $1,400,000 PR from the UW System related to WiscNet in 2012-13. Require the Legislative Audit Bureau to conduct a program audit and a financial audit of the Board of Regents’ use of telecommunication services and relationship with WiscNet.
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