Posts Tagged ‘MNS’

Stunner: Walker Recall Petitions NOT Available for Online Review

MacIver News Service | January 30, 2012

[Madison, Wisc…] The Wisconsin Government Accountability Board has not posted scanned copies of the Governor Walker recall petitions online despite promises to the citizens of Wisconsin that they would do so.

GAB staff delivered copies of the scans to the Governor’s campaign late last week. The campaign, with the assistance of the Republican Party of Wisconsin, began reviewing the petitions at satellite offices across the state this weekend.

Once they scanned documents, they were going to make them public, having issued an alert to all media earlier in the day. The revelation was the top of many radio broadcasts Monday.

Such a public disclosure would have allowed the volunteers at the independent VerifytheRecall.com to also begin their effort.

But early this evening the Milwaukee Journal Sentinel reported GAB staff was going back on their promise, citing alleged privacy concerns by some who signed the public documents.

This is the latest development in a series of back and forth decisions by the GAB that promises more legal challenges ahead.

And it could thwart a massive effort by Tea Party groups to conduct an independent review of the petitions.

“Never before have regular citizens organized in this way to this scale in a nonpartisan sense to uphold the integrity of Wisconsin’s elections,” said Ross Brown,  Founder and President of the Tea Party Group, We the People of the Republic and co-organizer of the Verify The Recall effort before the GAB’s surprise announcement was made. “Our volunteers are anxious to start and committed to the effort.”

Brown said approximately 87 percent of the more than 11,000 volunteers who signed up at his website are from Wisconsin, although they do have volunteers from all but one of the 50 states.

“Verify the Recall has written a new play in the citizens’ playbook as to how we can preserve our clean and honest elections,” Brown said.

With Monday night’s revelation that the GAB was refusing to comply with their earlier public pronouncements, the Verify the Recall process could be in jeopardy.

As previously reported, the GAB had originally intended to only provide a cursory review of the signatures, having interpreted the statutes to put more of the verification onus on the recall targets. They had no intention of putting the signatures online.

In the days after the Senate petitions were placed online, social media sites and talk radio were filled with claims of problems with the petitions.

In late December, Assembly Speaker Jeff Fitzgerald (R-Horicon) received a memo from the nonpartisan Legislative Council, which explained the GAB was proactively choosing not to create a database and was not prohibited from doing so.

“The statutes do not impose explicit barriers to the creation of a GAB database that contains the names and addresses of individuals who sign recall petitions or to public availability of the database,” said Katie Bender-Olson, Staff Attorney with the Wisconsin Legislative Council in a memo to the Speaker “To the contrary, the statute enumerating the powers and duties of GAB may support the agency’s authority to create a recall signature database and make it accessible to the public.”

“The A in GAB stands for accountability,” said Speaker Fitzgerald at the time “I would hope this memo encourages them to provide the public with a nonpartisan source of important data that could help root out possible duplicate signatures and fraud.”

The memo continued, “There do not appear to be any specific statutory obstacles to the creation or availability of such a database,” Bender-Olson wrote. “Further, the GAB itself appears to believe that the creation of a recall signature database and the public availability of recall petition signature information are permissible.”

State Republican Party of Wisconsin Executive Director Stephan Thompson had earlier filed suit against the GAB requiring more aggressive verification procedures by the GAB. Waukesha Circuit Court Judge Mac Davis ruled this month that the GAB needed to check for duplicates and obvious fake names.

In the wake of Judge Davis’ ruling, and negative publicity surrounding their own comments regarding the potential validity of signatures of Mickey Mouse and Hitler, the GAB decided to scan the petitions, begin a more vigorous review and place the scanned copies of all petitions online.

On Monday morning they announced the signatures would be available later in the day. As the day went on, the information remained absent from their website.

In addition to the recruiting volunteers to data enter signatures, Brown’s group created a ‘no sign’ list, for which individuals could sign up to be notified if their names fraudulently appeared on the Walker recall petitions.

“Over 50,000 Wisconsinites have protected their name and address against fraudulent petition use by signing up for our “No Sign Registration List,” Brown told MacIver News Service.  “Individuals have also submitted the names of their deceased family members and underage children on this list. Verify the Recall will notify anyone who signs up for this list if their name and/or address is found anywhere on a recall petition.”

Without access to the petitions to create a searchable database, the ‘No sign’ list project would also not be able to be completed.

The MacIver News Service will have more on this story as it develops.

___

Recall petitions were to be posted online at the GAB Website.

Verify the Recall, the project of We The People of the Republic and the Wisconsin Grandsons of Liberty can be found online here.

UW Prof Solicits His Students for Help on Political Project While They Await Their Final Grades

MacIver News Service | January 20, 2012

Joel Rogers Says College Credits May Be Available to Those Who Help Build Liberal Alternative to ALEC

[Madison, Wisc…] One of the University of Wisconsin’s most renowned liberal professors attempted to recruit his students to work on an elaborate private political project while final grades in their class were pending, the MacIver News Service has learned.

At the conclusion of his end-of-the-year email to his UW Law School students, Professor Joel Rogers wrote: I think I mentioned a little project I’m doing now — which thus far involves professors from such crummy law schools as Yale, Harvard, Stanford, Columbia, Cornell, University of Michigan, University of Minnesota, Virgina [sic] and elsewhere, but thus far, beyond your lonesome, NOBODY from UW — to build a partial counter to ALEC. It’s going to involve a lot of law students. If you’re interested in helping out with that (no money, but possible credit), or know of somebody else who might be, please let me, or even better, “Nate Ela” <nela@cows.org>, a lawyer and now sociology grad student, know. Project description attached.“

Rogers is the Director of the Center on Wisconsin Strategy, a 501(c)(3) nonpartisan, educational, and charitable organization. COWS was founded in 1992 by Rogers, a professor of Law, Political Science, and Sociology at UW-Madison and a longtime commentator on economic development and democratic institutions.

COWS is based at the University of Wisconsin-Madison, in the Social Science Building.

According to its website, COWS current and past funders include: the Alfred P. Sloan Foundation, the Annie E. Casey Foundation, the Carnegie Corporation of New York, the Carolyn Foundation, the Ford Foundation, the Garfield Foundation, Living Cities, the Joyce Foundation, the Nathan Cummings Foundation, the Open Society Institute, the Rockefeller Foundation, the Surdna Foundation, the Wallace Global Fund and the Wisconsin Department of Workforce Development.

This last semester, Rogers taught a class titled: Law & Contemporary Problems: Public Law & Private Power to approximately a dozen students at the University of Wisconsin Law School. Coursework was completed in December, but grades had not been issued at the time he sent his email to students.

Rogers’ email was provided to MacIver News Service by someone who received the email from one of Rogers’ students. The MNS has confirmed the authenticity of the email, although we have not found a student who was willing to comment on the record.

ALEC, the American Legislative Exchange Council, is based in Washington D.C. and is frequently the target of liberal groups’ and lawmakers’ ire. ALEC bills itself as the ‘State Legislators’ Think Tank,’ and with nearly 2,000 members is the nation’s largest nonpartisan, individual membership association for legislators. Nominal membership dues paid by lawmakers and voluntary contributions from private sector companies and foundations also fund the organization.

ALEC’s stated mission is to advance the Jeffersonian principles of free markets, limited government, federalism, and individual liberty, through a nonpartisan public-private partnership of America’s state legislators, members of the private sector, the federal government, and general public. Their many task forces construct model legislation that is often introduced by ALEC members in legislatures across the country. Many liberal organizations and lawmakers decry the private sector participation in the crafting of such model laws, viewing it as undue influence peddling by corporate interests.

According to his official biography, posted on the COWS website, Rogers has written widely on American politics and public policy (books include On Democracy, Right Turn, The Forgotten Majority, What Workers Want, and, most recently American Society: How It Really Works). He is a MacArthur Foundation Fellow and a longtime social and political activist.

Rogers is also the author of an article entitled “ALEC Exposed: Business Domination, Inc.” which appeared in the July 2011 edition of The Nation Magazine.

Have UW students received credit for helping Rogers with other political projects? Do Rogers, the UW Law School or the University of Wisconsin condone such solicitations from faculty using University resources? Do they believe it is a problem to solicit help from students while their grades are pending?

The MNS is awaiting comment from Rogers, the dean of the UW Law School and the UW Chancellor and will update this story to reflect their responses in the coming days.

According to a three-page description of his project, which Rogers attached to his email to students, He is attempting to form an organization called ALICE. “ALICE, like ALEC,” Roagers wrote, “would be administered as a values-­based 501(c)(3) organization, also offer model legislation, and also do so in a wide variety of areas. But it would differ in at least three ways. First, its central aim would be approximately opposite to ALEC’s, viz. to help state and local officials advance shared prosperity, sustainability, and effective democratic government (aka “high road” ways of governing ourselves and the economy). Second, it would include models of local as well as state legislation, and executive orders as well as laws.  Third, at least at first, it would be limited to such model bills/orders, not other supports.”

He later writes more about funding and granting credit to students who help on the project:

“On money, I don’t have any existing grant or donation dedicated to ALICE, but have reserved some unrestricted money at COWS for it. This is not big money, and not enough to pay outside contributors to the project, but it is enough to cover several months of the costs of graduate students and staff working on project start-­‐up, and travel subsidy for those in want for needed in-­‐person meetings. On governance, I imagine ALICE at least starting as a project of COWS, but with its own web identity and distinct advisory board, membership of which I’m sure we can figure out. On credit, we can talk about how much people or organizations want to be identified as contributors to different model bills, but so far as I’m concerned anybody contributing should get whatever credit they want.”

The full email:

———- Forwarded message ———-

From: Joel Rogers ‪<jrogers@ssc.wisc.edu>‬

Date: Sat, Dec 31, 2011 at 1:47 PM

Subject: grading done, liked the class, keep in touch if you want to

To: law 940 2011 <law940-1-f11@lists.wisc.edu>

Just wanted to tell you all that I graded your exams, which I thought were pretty good. Jane Ford-Bennett tells me she’ll be posting your grades soon. I’m not supposed to tell you what they are until you already know.

I haven’t seen your evaluations of the course yet (I assume they’re searing!), but just wanted to say again how much I enjoyed having you in class and to emphasize, since I don’t have an office at the Law School and we’re liking not going to just bump into each other randomly, that you shouldn’t hesitate to be in contact. Email is good or call my assistant, Michelle Bright, who keeps more regular hours than I. Her number is 890-2543.

All best, hope you liked you grade, and Happy New Year.

PS – This really wasn’t the purpose of this note, but just occurred to me. I think I mentioned a little project I’m doing now — which thus far involves professors from such crummy law schools as Yale, Harvard, Stanford, Columbia, Cornell, University of Michigan, University of Minnesota, Virgina and elsewhere, but thus far, beyond your lonesome, NOBODY from UW — to build a partial counter to ALEC. It’s going to involve a lot of law students. If you’re interested in helping out with that (no money, but possible credit), or know of somebody else who might be, please let me, or even better, “Nate Ela” <nela@cows.org>, a lawyer and now sociology grad student, know. Project description attached.

Here is a link to the document describing the project: ALICE-1

Coming soon in this series: University of Wisconsin officials and state lawmakers react to this story; What is COWS?

Credibility of Doctors in Fake Sick Note Scam Forever in Question, Attorney Says

By James Wigderson
Special Guest Perspective for the MacIver Institute

One of the more controversial stories to come out of last year’s protests in Madison was the handing out of notes excusing people from work by several doctors right in the Capitol Square. Working out of a tent, the doctors advertised they were handing out medical excuses to the protestors.

First reported by the MacIver News Service, the story of the doctors handing out medical excuses for missing work to protestors in Madison in such a brazen fashion made national news.

Many of the protestors were public school teachers who had been warned they could face disciplinary action for unexcused absences. Mass absences by teachers caused several school districts to close during the protests in February.

The Madison School District closed for four days as a result of the unplanned absences. An investigation by the Madison School District uncovered 84 teachers used what they considered fraudulent sick notes.

Spurred by reports from the MacIver Institute and other organizations about the doctors handing out excuses to the protestors, investigations were launched by the UW School of Medicine and Public Health and by the state Medical Examining Board into the doctors’ conduct.

The state Medical Examining Board disciplined seven doctors with a reprimand for poor record keeping and issued a warning to two other physicians. The board found that they could not determine whether a proper evaluation was done of the patients to justify handing them a medical excuse.

The UW School of Medicine and Public Health had a number of employees involved in handing out medical excuses at the protests but denied any involvement by the school. After an investigation, they told the Wisconsin State Journal that at least a dozen doctors were disciplined for their actions on the mall. The discipline “range from written reprimand to loss of pay and leadership position.”

A further investigation by the Wisconsin State Journal revealed that ten more doctors who were not disciplined by the state also signed sick notes that the district considered fraudulent for Madison School District teachers.

One of the people who saw the tent with doctors handing out medical excuses that day was Milwaukee-based personal injury attorney Kelin Olson.  Despite serious concerns about what he perceives as an anti-trial lawyer bias among Republicans controlling Madison, Olson attended an Americans for Prosperity Rally with family and friends before walking around the Capitol Square to check out the protests.

In an interview Saturday, Olson described his reaction when he saw the tent.

“My first reaction was, I can’t believe they’re doing it so openly. Really, I cannot believe they were so ballsy to just stand there. They’re wearing lab coats, they’ve got clipboards and they’re walking up to people saying, `Do you need an excuse?’”

Comparing them to, “street hawkers,” Olson was shocked at how casual it was.

“They were joking about, `Oh, no, Scott Walker’s got you so stressed you need a day to relax.’ I felt like this was a hippy festival and this was a big joke like you’re going to Woodstock and they’re writing prescriptions to stay off the brown acid or something.”

“I was like, really? You guys are professionals and you have a certain trust from the people of Wisconsin to do the right thing – and this isn’t the right thing. And maybe in their mind they thought it was but it clearly wasn’t the legal thing to do.”

In Olson’s practice as a personal injury attorney, one of the questions that he has to deal with is the credibility of witnesses. In the interview, Olson was asked about that issue with the doctors involved and how it would affect his decision making as an attorney.

Regarding the School of Medicine’s lack of openness regarding the discipline of the doctors involved, Olson said he understood that many disciplinary situations are kept confidential by employers.

However, “If I was going against a doctor in a legal proceeding I would want to know if he participated because it goes to his credibility as a witness. So that’s where my concern would come in.,” Olson said. “If I had a malpractice action or something against the UW doctor and if I didn’t think he was being truthful about what happened, I would want to know if he had lied in the past. Because that’s evidence of character, that’s evidence of, people that commit fraud, that’s a crime you can tell a jury about because it goes to the person’s veracity or credibility.”

“If there’s a doctor who is willing to lie about this, what else is he willing to lie about? People say that it isn’t that big of a deal but it’s still committing fraud.”

Whether Olson would feel comfortable using any of the doctors involved as witnesses, he said that while he would have to interview the doctor, it would be something that could benefit the other side. “If they have been disciplined for fraud, that would be something that I would want to know as an attorney because it does go into whether they would lie to benefit themselves or someone else.”

“Whether or not I would use one of them it depends on the person, depends on the situation, depends what I needed them for. I might, but then again I’d rather not have to deal with that issue.”

Olson also explained that it would depend on the venue. “If you’ve got a jury of people that supported the protesting, you may not mind that you’ve got this doctor because they may give him more credence. So it’s a two-edged sword.” Olson said that Madison, for example, would be more forgiving of the doctor’s actions, while he definitely would not want them as witnesses in Waukesha or Washington County.

In an article for Atlantic Monthly, Dr. Ford Vox said of the physicians handing out the excuses, “They’ve managed to belittle a public trust between physicians, employers and patients.” He added, “These doctors sacrificed a slice of the medical profession’s credibility for a political cause. Was it worth it?”

They also damaged their personal credibility in ways they might never have imagined. Just ask a lawyer.

MacIver Responds to PolitiFact

“As you may have noticed, PolitiFact tried to take the MacIver News Service to task over our reporting of a recent meeting of the Wisconsin Government Accountability Board (GAB). Specifically, they rated as “Mostly False” our report on the recall signature submission, review, challenge and certification processes as outlined at a GAB hearing earlier this week. Despite PolitiFact’s subjective analysis, I stand by our story.

“Go ahead, watch the video and decide for yourself. As you will clearly see, the Mickey Mouse/Hitler signature acceptance question was posed by a member of the GAB and answered by GAB staff at their hearing on December 13th. The GAB staff clearly states that as long as signatures are accompanied by the proper date and a plausible Wisconsin address, they are deemed acceptable, pending the outcome of any possible challenge. All we did was record the sequence and broadcast it to the world.

“The GAB explained that unless a successful challenge is mounted, all signatures, including those such as those of Mickey Mouse or Hitler, which are accompanied by an accurate date and a plausible Wisconsin address, WOULD be accepted if admitted by the recallers.

“I find it disappointing that the paper would specifically criticize our reporting, even though the AP and scores of other media outlets ran a similar story. Yet they ignored the underlying fundamental question; how can the GAB, the government agency entrusted to protect the sanctity of Wisconsin elections, not automatically strike obviously fraudulent signatures like Adolph Hitler or Mickey Mouse? It defies common sense–and judging by the intense reaction our story has generated, it has touched a nerve. Many Wisconsinites are asking if one of their most fundamental rights, their ability to cast a vote just like every other citizen in an orderly election free of manipulation, is in jeopardy.

“One organization has already promoted the notion it is ok to sign a petition more than once. WISN Channel 12 TV in Milwaukee broadcast an interview with a gentleman who said he signed “probably eighty times.” The GAB has said Adolph Hitler with a plausible Wisconsin address will be presumed valid.

“This would be truly comical if it weren’t so important.

“I stand by our reporting and our story. While the paper and the GAB may choose to ignore the problem, the MacIver News Service will continue to pursue the issue election fraud and report what we find.”

Brett Healy, President
The John K. MacIver Institute for Public Policy

See the original text story, here.

Watch the original video:

Read the PolitiFact opinion piece, here.

MacIver Requests Correction From Milwaukee Co. District Attorney’s Office

For Immediate Release – December 7, 2011  Contact: Brian Fraley 262-225-3546

Statement of Brett Healy, President of the John K. MacIver Institute for Public Policy:

“This poorly-worded excerpt of the 14-page letter from the Milwaukee County District Attorney’s Office has led to some confusion and inaccurate reporting that an employee of the MacIver Institute said and did things that he did not.

“I do note that when Bill Osmulski, a representative of the MacIver Institute, called to enquire about the status of the Media Trackers complaint, he was told that Mr. Sikma refused cooperation.  Osmulski said he would look into the matter. The next day I was given the name of Colin Roth, the witness, without the need for, John Doe process.”

“While all three statements, taken separately may be true, there is no correlation between our reporter’s inquiry into the status of the investigation into Wisconsin Jobs Now and Media Trackers’ subsequent cooperation with the DA.

“Bill Osmulski did not supply the District Attorney’s office with any information about the Media Trackers report, nor was he requested to do so, nor did he instruct anyone from Media Trackers or elsewhere on how to proceed with their independent reporting or their possible cooperation with the District Attorney’s investigation.

“While we are proud of our reporting of the connections between Sandy Pasch, Citizen Action of Wisconsin and Wisconsin Jobs Now, we find Mr. Landgraf’s mention in this letter of the independent inquiry of our reporter downright odd. Was the MacIver News Service the only outlet to contact the DA’s office in the days immediately following the publication of Media Trackers’ original report?

“At best the wording of his letter was cumbersome and sloppy. At worst it was written with the purposeful intent to lead the readers of the letter (including journalists and the general public) into believing that Mr. Osmulski consulted and coordinated with Mr. Sikma and then provided the DA with the name of Media Trackers’ source.

“We can see how the wording of the Landgraf letter could lead some to question the vigor and professionalism of the entire investigation conducted by the Milwaukee County District Attorney’s office.

“We are calling on Assistant District Attorney Bruce Landgraf to issue a clarification forthwith and respectfully request that media outlets who reported incorrect information based on Landgraf’s letter issue a correction.”

Do Not Look to GAB to Keep Recallers Accountable

MacIver News Service | November 30, 2011

Incumbents Who Face Recall, Not the State Elections Watchdogs, Are Responsible For Checking Validity of Petitions

[Madison, Wisc…] Duplicate signatures are not the only point of contention in the ongoing recall drives in Wisconsin. The board that oversees the state’s elections admits they will not check the validity of any of the signatures or addresses contained on the recall petitions expected to be submitted in January.

For $625,699 the Wisconsin Government Accountability Board will make sure all the blanks are properly filled out on petitions to recall Governor Scott Walker, but that’s all.

Meanwhile, news reports around the state have raised the questions about ineligible individuals signing the forms. At least one liberal group is encouraging voters to sign multiple times.

The GAB will not be checking for fraud, but will rule on challenges brought forth by the subjects of the recalls, should they find evidence of fraud.

Reid Magney, GAB spokesman, cited Section 9.10(3) of the State Statutes, under which the filing officer, ”shall determine by careful examination whether the petition on its face is sufficient.”

Administrative Rules GAB 2.05 and 2.07 expand upon the definition “facial sufficiency,” including the presumption of validity of information contained on the petition and the challenger’s burden to establish any insufficiency.

“[C]hecking addresses, verifying ages, etc., is by law the responsibility of the incumbent,” Magney said. “If the incumbent files a challenge that says John Smith does not live at 123 Main Street, Onalaska, then the GAB must determine whether the challenge is correct and the name should be struck.”

Magney says the burden of proving the validity of signatures will fall on Governor Walker, not those filing the recall petitions.

“The same is true if the challenge says 500 Franklin Street in Milwaukee is a vacant lot, or if John Smith is not yet 18 years old,” said Magney.

The GAB staff will direct the temporary workers hired to process the recall petitions to only check to see if each signature includes the requisite information (address and date).

All signatures on the recall petitions are otherwise presumed to be valid and lawfully obtained.

Still, the GAB estimates it will cost more than $600,000 and take much longer than the 31 days allowed by law to review the more than 540,000 signatures to required to trigger a recall.

Within 10 days after a recall petition is “offered for filing” with the appropriate filing officer, the office holder can challenge its sufficiency.

If the legislature grants the GAB’s request for additional $600,000, up to 50 temporary workers aided by GAB staff will have at least a month to make sure the forms were completely (though not necessarily legally) filled out. Governor Walker and any legislator facing recall will have ten days to verify the hundreds of thousands of signatures are valid.

In addition, they may go to court to contest GAB’s finding that the petitions are sufficient or for more time or to contest the validity of the signatures.

Problem of Duplicate Signatures Looms Over Recall

MacIver News Service | November 29, 2011

[Madison, Wisc…] The state board overseeing the potential recall election of Wisconsin Governor Scott Walker tells the MacIver News Service that they will rely upon temporary workers to scrutinize recall petitions and those individuals will not be expected to catch any duplicate signatures submitted by recall organizers.

This revelation comes as one statewide liberal group is actively promoting the collection of duplicate signatures, paving the way for a lengthy process wherein Walker supporters will challenge the validity of the recall petitions.

Screen shot from One Wisconsin Now's website

One Wisconsin Now, a liberal non-profit, posted on its website “You can circulate or sign a recall petition even if you have already signed another recall petition.”

This advice, however, will complicate the signature challenge process and runs counter to the advice of nonpartisan state election regulators.

“While it is not illegal to sign more than once, we do not suggest people sign a second time unless they have good reason to believe the first petition they signed was somehow fraudulent,” Reid Magney, GAB Spokesman.

One Wisconsin Now follows their advice with this disclaimer: “[N]ote, however, that only one signature per person will be counted.

That is not necessarily true.

Magney told MNS said that the pro-union groups obtaining recall signatures will be expected to self-police the collection of duplicate signatures.

However, neither the state Democratic Party nor the pro-labor organizations steering the recall drive have disclosed any process by which they will identify and discard the duplicate signatures they obtain.

Recall organizers announced Monday that they have collected 300,000 of the 540,000 signatures necessary to trigger a recall election of Walker. Until those signatures are actually submitted to the GAB, however, there is no way to verify that claim or determine whether that figure includes duplicate signatures. Even then, it will be up to outside groups like the Walker campaign or the state Republican Party to sort through the signatures to find any invalid and/or duplicate signatures.

Until the signatures are submitted and independently checked, there is no way to know how many people are heeding One Wisconsin Now’s advice.

Magney noted the GAB will flag duplicate signatures in the event they easily discover them. However, the GAB will not be entering the hand-written information into a searchable database to check for duplicates. The recall committee and the incumbent targeted for recall are the ones primarily responsible for catching the extra signatures, he said.

“It is in the recall committee’s interest to identify and eliminate duplicate signatures because duplicates would inflate the numbers and make them more vulnerable to challenge by the incumbent,” said Magney.

Recall groups have stated their goal is to collect 700,000 by the January 17 deadline. They need to obtain 540,208 valid signatures to trigger a recall.

Further complicating the review of the signatures, the GAB plans to hire temporary workers to perform these duties under the supervision of regular GAB staff. The temps will be hired through agencies that have contracts with the Department of Administration, according to the GAB.

As of November 17, the GAB estimated the cost of reviewing the petitions will be at least $625,699. This figure does not include the cost borne by municipal county and state government to hold the recall election.

Lawmaker Calls for Reform in Makeup of Wisc. Medical Examining Board After Panel Lightly Punishes Doctors from Fake Sick Note Scam

MacIver News Service | November 17, 2011
[Madison, Wisc....] State Senator Glenn Grothman (R-West Bend) reacted with what he called “extreme displeasure” at the light punishment handed out to doctors who earlier this year were caught by the MacIver News Service  passing out obviously fraudulent excuses for protesters who were calling in sick.

“It is important that people have confidence in the integrity of their doctors,” said Grothman.  “If a medical provider provides phony excuses for friends and political allies, how do we know these same doctors are not making up fraudulent excuses for cases involving workers compensation, personal injury claims, or falsely prescribing prescription drugs?”

The doctors reprimanded Wednesday and who issued fake sick notes to anyone who wanted one, with only a cursory question and answer ‘session’ are:

Adam H. Balin
Mark B. Beamsley
Hannah M. Keevil
Bernard F. Micke
Kathleen A. Oriel
James H. Shropshire
Louis A. Sanner

Ronni L. Hayon and Patrick A. McKenna had received administrative warnings and were involved in the same incident.

The MacIver News Service broke this story and has video evidence of many of the ‘examinations’ that show the brevity of the interactions and the questions asked. Dr. Sanner even chastized our reporter for violations of patient privacy laws by taping the exams which took place in front of tens of thousands of people on a public sidewalk across from the Wisconsin State Capitol.

These fraudulent esick notes were not without financial damage to employers, Grothman noted. Further, many school boards and taxpayers, who perhaps had to pay for substitute teachers or parents who were forced to pay for daycare or miss work when schools were needlessly closed the Senator said.

“I would have expected at least a month’s loss of license for so brazenly making up excuses for people who wanted a day off,” said Grothman.  “It is also disappointing the University of Wisconsin has not independently suspended doctors under their purview.  This will only perpetuate a stereotype that the UW is just concerned about keeping their well-paid employees getting a paycheck and the Medical Examining Board is more concerned about protecting the paychecks of unethical and unscrupulous doctors than maintaining integrity in the medical profession.”

The Medical Examining Board is currently made up of 12 members, only three of which are not members of the medical community.

“It is clear the Good Old Boy Network is too prevalent on the Medical Examining Board and the State Legislature should act to include more private citizens who will express greater concern for fundamental ethics in medicine and restore the public’s confidence in this state licensing board,” said Grothman.  “Perhaps two new members that are employers who have to suffer the consequences of doctors who frivolously approve sick claims will help provide some semblance of balance to the Board.”

Read the original MacIver News report and watch the video that instantly turned this incident into national news in February.

Fake Sick Note Scam Day of Reckoning?

MacIver News Service | November 14, 2011

[Madison, Wisc...] We’ll soon know if  Wisconsin doctors who were caught issuing fake sick notes to seemingly healthy protesters in a MacIver News video report earlier this year will face any discipline from the state.

Several medical professionals involved in the incident will be facing the Wisconsin Medical Examining Board on Wednesday, which is expected to make its final decisions about the incident, according to the Department of Safety and Professional Services.

As tens of thousands of public employees skipped work earlier this year to attend protest rallies outside the Wisconsin State Capitol, many wondered if they would face any disciplinary action for unexcused absences.

Their solution? On February 19, a group of men and women in lab coats purporting to be doctors were handing out medical excuse notes, without examining the ‘patients.’

“I asked if they were handing out doctors’ excuses and a guy said yes and asked me if I needed one,” one woman told us at the time. “When I told them I needed one for February 16 and 17th, he wondered if I wanted to come back here for the protests next week. I said, ‘sure,’ and I received a doctor’s note for the 16th through the 25th of February, without a medical exam.”

The Department of Safety and Professional Services contact for this week’s disciplinary meeting, Tom Ryan, told the MacIver News Service that attorney Jeanette Lytle is representing the state in the fake sick note case.

Lytle is listed as the attorney in seven of the disciplinary cases to be presented on Wednesday.  Six of the doctors in those cases are affiliated with the University of Wisconsin. They are Louis Sanner, Kathleen Oriel, James Shropshire, Hannah Keevil, Bernard Micke, and Mark Beamsley.

In April, MNS, reported the University of Wisconsin would investigate the incident, but it would not reveal the identities of the doctors involved.  University punishment, which has never been confirmed, could have ranged from written reprimand to loss of pay and leadership positions.

Lytle did not return a call  on Monday to verify whether all these doctors are connected to the incident caught on tape earlier this year. However at least two of the doctors, Doctors Louis Sanner and James Shropshire, were subjects of a MacIver News Service video about the sick notes scam.

The seventh case Lytle is handling, Dr. Adam Balin, is connected to Dean Health Plan.  He was previously identified as handing out a sick note to Josiah Cantrall, a conservative blogger who attended the protests and who appeared on Fox News in February with the note.

The Medical Examing Board will meet at 8am Wednesday at 1400 E. Washington Avenue, in room 121A .

A look at Local Governments’ Lavish Sick Leave Policies

Wisconsin Budget Reform Prompts Changes

MacIver News Service | November 4, 2011

Recent change in state law is bringing increased scrutiny to the sick leave benefits local governments in Wisconsin provide their employees, according to an investigation by the MacIver News Service. Cities and counties across the state are now able to take advantage of changes in the collective bargaining law for government workers and can rein in sick leave payout benefits that cost tens of millions of dollars annually.

Many existing public employee labor contracts allow individuals to carry over unused sick leave from year to year. When they retire, their unused sick leave is often either paid out in cash or converted into credits for health insurance premiums.

In October, the MNS learned this practice cost saw State Government provide $342 million dollars to-date in 2011. We have now discovered this benefit conversion practice impacts local governments to the tune of tens of millions of dollars annually.

Over the last three years, the sick leave conversion program has cost the City of Milwaukee more than $23.4 million.

In Green Bay, depending on their specific labor contract, retiring workers can either cash out their unused sick leave or transfer it into an escrow account to pay health insurance premiums. The total sick leave pay out for the city since 2009 exceeds $2.5 million.

Madison has spent over $6.1 million in retirement conversions. Additionally, the city has an annual cash out program that allows workers to cash out all sick leave they’ve accumulated that exceeds a 150 day cap.  This cost the city over $3.6 million since 2009, and another annual pay out will take place in December.

The Village of Menomonee Falls had eight employees retire in 2009 with an average payout of $25,809.

In Dane County, sick leave is capped at 1700 hours.  At retirement that is transferred as credits into a precision retirement account.  A representative of the County told the MacIver News Service that Dane County does not know the cost of this program.

The City of Eau Claire was unusual among the municipalities contacted by the MNS.  Sick leave is capped at 120 days, and there is no retirement payout.

Public sector workers tend to accumulate more sick leave than their private sector counterparts. This accumulation varies by contract, but generally, in Milwaukee city workers get 15 days a year, in Madison it’s 13 days a year, and in Green Bay, La Crosse, and Wausau they get 12 days a year.  In Wausau and Marathon County, after five years workers collect 18 days a year.

In comparison, private sector employees receive an average of 8 days a year according the Bureau of Labor Statistics. Nationally, state and local government employees receive an average of 11 days a year.

Additionally, public sector workers are usually allowed to carry over unused sick leave year to year. The cap varies across the state. Among the local governments we contacted, Milwaukee has the highest cap at 245 days.

Cities and counties are beginning to curb some of this spending and they no longer have to negotiate changes to these programs with public sector unions. The City of Milwaukee currently is moving towards lowering the amount of sick leave from 15 to 12 days a year.

Milwaukee County Executive Chris Abele compromised with Board Chairman Lee Halloway last month on a plan that would cap sick leave at 960 hours, and employees would not be able to cash it out at retirement.  Abele initially wanted to set the cap for 240 hours.

Starting last March, Green Bay is no longer allowing new employees to participate in the retirement sick leave conversion program.

Marathon County is looking into adopting a new sick leave policy, under which older employees will not be exempt. It currently allows retirees to convert up to 50 percent of their unused sick leave into health insurance premiums.

The MacIver News Service attempted to contact several other cities in the course of this investigation that have yet to respond to our inquiry, including Brown County, West Bend, Superior, Rhinelander, and Menomonee Falls.  La Crosse County said they did not have the ability to meet to meet the request at the time.  Milwaukee County and the City of La Crosse would not release any information without an open records request.  La Crosse said it would also charge a fee for that information.

This is part of a continuing series of articles that looks at public sector compensation in Wisconsin. For more information, see www.MacIverInstitute.com.

2009 2010 2011 Total
Milwaukee $8,656,673.54 $7,925,229.94 $6,838,150.31 $23,420,053.79
Milw. County $1,075,296 $1,858,032 $2,933,328.00
Dane County unknown unknown unknown
Eau Claire none none none
Green Bay $934,956.35 $649,801.72 $930,671.97 $2,515,430.04
Madison $1,882,018 $1,801,655 $2,445,597 $6,129,270.00
Marathon County $252,374.54 $252,393.97 $360,432.91 $865,201.42
Wausau $78,399 $279,488 $137,870 $495,757.00
Total $12,879,717.43 $12,766,600.63 $10,712,722.19 $36,359,040.25
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