On March 11, 2011, Governor Scott Walker signed into law the Budget Repair Bill, which calls for sweeping changes in the law relating to public sector employee relations. The Budget Repair Bill has since been followed by the Governor’s signing into law the 2011-2013 Budget, which makes dramatic changes to the funding provided Wisconsin schools and local governments. This portion of our website is dedicated to providing our county, municipal and school district clients with the latest information and analysis concerning the Budget Repair Bill and Budget Bill. Please click on any of the headings below to view the information. If you have any questions or comments regarding any of the information we have posted, please feel free to contact us at, Andrew T. Phillips, Daniel J. Borowski, Patrick C. Henneger or Jessica S. Solberg. In the alternative, you can call our office at (262) 241-7788. Please also feel free to suggest issues or concerns not currently addressed that you would like to see on our site. We look forward to working with all of you on the challenges that lie ahead.
As you know, 2011 Wisconsin Act 10 made significant changes to public employee compensation and collective bargaining provisions in order to provide state and local governments with the flexibility needed to reduce costs and maintain essential public services.
In addition, 2011 Wisconsin Act 32, the state’s biennial budget bill, included a number of important modifications to Act 10. This letter explains these changes and discusses several important implementation issues, including the effective dates of changes to employee health and pension contribution rates, changes to collective bargaining provisions and the discontinuation of payroll deductions for union dues.
On June 14, the Supreme Court overturned Dane County Circuit Judge Sumi’s decision to enjoin implementation of the Budget Repair Bill, 2011 Wisconsin Act 10 (the “BRB”). Prior to the Supreme Court’s decision, the Republican-led Legislature reintroduced the BRB as part of the Biennial Budget process through Assembly Amendment 1 to the Budget Bill (as amended following the Joint Finance hearings). The Assembly’s actions follow on the heels of Assembly Substitute Amendment 1, which is the version of the Budget Bill that passed out of Joint Finance. Please read the memo Phillips Borowski prepared today discussing the amendments introduced in the Assembly related to the Budget Repair Bill.
On March 31, 2011 Dane County Circuit Court Judge Maryann Sumi filed an amended temporary restraining order in which she declared that Act 10 (the Budget Repair Bill) has not been published as required by state statute and is, therefore, not in effect.
On March 24, 2011, the District IV Court of Appeals declined the Attorney General’s request to stay Dane County Circuit Court Judge Sumi’s Temporary Restraining Order (TRO) which blocked the Secretary of State from publishing the Budget Repair Bill (BRB) on March 25, 2011 and prevented the BRB from becoming law. The Attorney General had filed a petition for leave to appeal Judge Sumi’s decision to issue the TRO which requested an order staying the TRO pending disposition of his petition for leave to appeal so that he could proceed to publish the Act on March 25, 2011.
Late this past week, the Dane County District Attorney filed a complaint against several legislators and the Secretary of State seeking to prohibit further implementation of the Budget Repair Bill (BRB) because of alleged violations of Wisconsin’s Open Meetings Law related to the BRB’s passage. On March 18, 2011, Dane County Circuit Court Judge Maryann Sumi issued an order temporarily enjoining further implementation of the BRB until further order of her court.
Provisions of the collective bargaining limitations and WRS and health insurance requirements for local government.
The Budget Repair Bill (BRB) signals change for County Boards in Wisconsin. Here’s a review of the current state of affairs that counties are facing.
Many counties, school districts, cities, villages and towns across the State have been working diligently for some time trying to reach an agreement with their represented employees for a successor collective bargaining agreement. Some local governments have already ratified a new collective bargaining agreement. Under the BRB, it is clear that these agreements remain intact until expiration.
Under the bill, the Department of Health Services is directed to study potential changes to the Medicaid state plan and to waivers Wisconsin has received from the federal government with regard to the state’s MA program.
The Department of Employee Trust Funds (ETF) has received numerous inquiries about the state 2009-2011 Budget Repair Bill (2011 Special Session Senate Bill 11) and the impact of the bill on the public employee benefit programs administered by ETF.
The Budget Repair Bill (BRB) substantially modifies the way local governments and school districts (collectively “local governments”) establish and maintain compensation systems for their employees. Prior to the BRB, local governments had to bargain wages with collective bargaining unit employees.
As originally proposed, the Budget Repair Bill (BRB) provided local governments with the ability to treat affected employees as “at-will” employees who could be disciplined for any reason or no reason at all subject only to individual employment contracts, local ordinances, state and federal discrimination laws and certain state regulations that provide a narrow class of employees with protections.