Oct. 11, 2001
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By WisPolitics.com staff
MADISON -- The Elections Board on Thursday OK'd an unprecedented civil settlement, providing the final approval needed to disband the 38-year-old legislative caucuses by Jan. 1 and enact other reforms.
Legislative leaders and the state Ethics Board earlier had OK'd the deal, negotiated in secret over many weeks. The Legislature's Joint Committee on Legislative Organization (JCLO) is already implementing the reforms.
The settlement doesn't stop a criminal investigation by the Milwaukee County and Dane County district attorneys with the help of the Department of Justice's Division of Criminal Investigation. But the burden of proof is higher in criminal cases.
``Our focus has been on trying to change the culture of the Legislature,'' said Roth Judd, the executive director of the state Ethics Board.
Judd said the agreement is meant to restore public confidence in state government and leave possible punishment of individuals up to the district attorneys.
David Halbrooks, a member of the state Elections Board, called the agreement ``an opportunity for fundamental change.''
One reform group is upset with parts of the deal. ``It's worse than I thought it would be,'' said Jay Heck, executive director of Common Cause in Wisconsin.
While praising increased accountability measures, Heck is unhappy about the creation of what he says will be ``shadow caucuses.''
Many of the legislative caucus staffers who have not already left probably will get other legislative jobs. The JCLO motion authorizes Senate and Assembly to employ a total of 24 staffers, 12 for each house, assigned equally to majority and minority members. Each leader will be able to assign six research staff to lawmakers or the chief clerk at their discretion. And the leader-led organization committees will be able to give the clerks' offices staffers to provide graphic, photo and computer services.
Heck also is unhappy about the defeat of two motions at the Elections Board meeting in Brookfield. One would have prevented the legislative campaign committees from paying $20,000 each in fines through the end of 2002. The other would have specifically stated that the agreement would have no effect on investigation of allegations of collusion involving the Assembly Republican Caucus and a group led by direct mail specialist Todd Rongstad. However, in a letter to Assembly Minority Leader Spencer Black, D-Madison, Elections Board Executive Kevin Kennedy said the board is committed to continuing that investigation.
``The fines are no penalty. They will be raised from special interest groups at one night at the Argus,'' Heck said, referring to one favorite fundraiser site.
The overall package was approved 5-2 with one Elections Board member abstaining. Voting no were Christine Wiseman, the Supreme Court representative, and Jeralyn Wendelberger, the Democratic Party representative and board chairwoman. Assembly Minority Leader Spencer Black's representative, Brenda Lewison, abstained.
Under the agreement, the Ethics Board and the Elections Board ``will not pursue any allegation against any member, officer or employees of the Legislature or either house ... arising from the use of state governmental resources for a campaign purpose prior to July 1, 2001 ... and will seek no civil penalty for a matter that was the subject of such allegation.''
''The Elections Board and the Ethics Board are pretty much washing their hands of any further investigation,'' Heck said. He called immediate implementation by the JCLO, without input from the public and rank-and-file lawmakers who might not agree with the deal, the ``final slap in the face.''
Added Heck: ``What's the rush?''
