City officials are trying to put the brakes on the impact of the budget repair bill after the city attorney discovered more alleged legal discrepancies in its recent passing.
City Attorney Michael May issued a memo to city officials Monday saying he believes there are legal grounds that prevent the bill from being considered effective. In the memo, he advised the city of Madison, its officers and employees not to take action regarding the bill until it is officially made law.
Despite a Dane County Circuit Court restraining order placed on the ability of Secretary of State Doug La Follette to publish the bill pending further consideration of the legality of the methods officials used to pass the bill through the legislative process, the Legislative Reference Bureau attempted to publish the bill Friday – a move May said is of questionable legal grounds.
A hearing will be held Tuesday under Dane County Circuit Court Judge Maryann Sumi’s jurisdiction to determine whether or not the law is actually in effect, May said.
Mayor Dave Cieslewicz is also hosting a public meeting Wednesday to allow Madisonians the chance to explain how the bill would impact their lives.
May said if the bill is found to be ineffective, there will be a consideration of enjoining La Follette’s temporary restraining order to prolong it throughout the subsequent proceedings.
May said Cieslewicz asked him to give his legal opinion on the bill’s effectiveness because of the immediate impact its publication would have on Madison. He added he consulted with other attorneys in his office throughout the process of putting his memo together.
“Clearly the governor has to follow the law, he can’t make it up on his own,” Cieslewicz said. “I think their attempt to publish the law without the consent of the secretary of state makes the publication meaningless.”
May’s memo said the LRB was beyond its legal authority in attempting to publish the bill and said it cannot be published until La Follette legally can set a publication date after the restraining order is lifted.
Before the temporary restraining order was put in place, La Follette had set the publication date for March 25. But since the temporary restraining order has been put in place, the date has been eliminated, May said.
Since La Follette could not publish the bill, the Legislative Reference Bureau said it was legally allowed to do so, citing a statute in a legislative footnote saying the bureau was required to publish every act within 10 days of its enactment.
“The footnote is incomplete at best and a direct misrepresentation at worst,” May said in the memo. “The LRB fails to mention that the Secretary of State had rescinded the prior publication date.”
Cieslewicz said Wednesday’s public listening session will allow the public the opportunity to tell officials how the state budget cuts and the budget repair bill would impact their day to day routines if passed as they are. He said the budget dramatically cuts services for those most in need and state aid to cities.
“We want to hear from the public on how these cuts might affect their daily lives,” Cieslewicz said. “The Joint Finance Committee scheduled public hearings around the state but they neglected Madison. We need to have our voices heard as well.”
The meeting will be held at James Madison Memorial High School at 6 p.m. and local officials will share information about the impacts of the budget on local government and schools before taking public comment, Cieslewicz said in a statement.
