CREW citizens for responsibility and ethics in washington February 24, 2011 Government Accountability Board State of Wisconsin 212 E. Washington Ave., 3d Floor P.O. Box 7984 Madison, WI 53707-4232 VIA FAX: — 608-267-0500 Dear Members of the Board Following up on the complaint filed yesterday against Governor Scott Walker for abusing his authority to call in the Wisconsin State Patrol (“WSP"), there are new developments that Citizens for Responsibility and Ethies in Washington (“CREW”) would like to bring to your attention, This morning, press reports indicate the WSP dispatched troopers to the homes of 14 Democratic state senators.' A spokesperson for Senate Majority Leader Scott Fitzgerald said the decision to send the troopers was made because he'd heard reports that at least some senators had been spending the nights at their homes and driving to Illinois each morning? One Democratic senator, Tim Cullen, confirmed the arrival of troops at his home, both. Wednesday and early Thursday morning.’ Sen. Cullen reported that his wife and three-year-old grand-daughter arrived at his home on Wednesday to find troopers blocking the driveway. The troopers moved their vehicle and parked across the street, returning to the door 30 minutes later.‘ Sen. Cullen said the troopers returned again about 7:00 a.m. this morning.* ‘The state Senate has absolutely no right to send troopers after anybody for any reason. As CREW pointed out yesterday, even the governor may call on the troopers only in severely limited circumstances, involving a natural disaster or civil disturbance.’ Even then he may not do so in cases involving a dispute or controversy between an employer and employees over wages, labor, or ' May Spicuzza, Politics Blog: State Troopers Sent to 14 Absent Senators" Homes, Wisconsin State Journal, February 24, 2011. Id. 3d. ids * Id. © Wis. Stat. § 323.12(2)(c) (2011). 1400 Eye Street, NW, Suite 450, Washington, D.C, 20005 | 202.408.5565 phone | 202.588.5020 ax | wwwaitizensforethics.orgGovernment Accountability Board February 24, 2011 Page Two working conditions.” Also as CREW pointed out yesterday, S. 11, the legislation at the heart of the current controversy, includes a summary indicating that, among other things, the act relates to “compensation and fringe benefits of public employees.”* Wisconsin law is clear: neither Gov. Walker, Sen. Fitzgerald, nor any other member of the legislature may send state troopers out to round up legislators to end an employment dispute between the state and its public employees. Thus, both Gov. Walker and Sen. Fitzgerald must be held accountable for violating Wisconsin law That the WSP would agree to send troopers after missing legislators -- something well outside the agency’s stated mission -- undermines the integrity of the WSP. Indeed, the fact that the newly installed superintendent of the WSP is Stephen Fitzgerald, Sen. Fitzgerald’s father doing his son’s bidding with no apparent hesitation -- further diminishes the legitimacy of the decision to send out the troopers and troopers” willingness to participate. As the Government Accountability Board has jurisdiction to investigate state public officials who use or attempt to use their public position to gain unlawful benefits, advantages or privileges,’ it is imperative the board act quickly. Therefore, the board should investigate the conduct of Gov. Walker, Sen. Fitzgerald and Superintendent Fitzgerald in this matter. Law enforcement officers should never, under any circumstances, be used for political purposes. Abuse of police authority shakes public faith and confidence in the fairness of our criminal justice system. The Government Accountability Board has the opportunity to demonstrate to Wisconsin's governor, its Senate majority leader, the citizens for Wisconsin, and Americans across the country that no public official is above the law. Sincerely, felanie Sloan Executive Director ce: Honorable J.B, Van Hollen Wisconsin Attorney General 7 Wis, Stat. § 323.17 (2011). ® Senate Bill 11, State of Wisconsin 2011-2012 Legislature, January 2011 Special Session, February 14, 2011 (available at http://legis.wisconsin.gov/JRISB-I | pdt). ° Wis. Stat. § 19.45(5) (2011),