Minor Thoughts from me to you

This morning, on Facebook, I said that I was glad that the teachers would be ending their illegal strike tomorrow. But have Madison's teachers been illegally striking? After further research and reflection, I don't think they have been but I do think their actions came very close to a strike. A strict reading of the law kept their actions from being a de jure strike. I do believe that their actions constituted a de facto strike, however and violated the spirit of the law that allows public sector employees to unionize.

Wisconsin law governs public sector unions. Specifically, Chapter 111 governs Employment Relations. Subchapter I deals with keeping the peace, Subchapter IV deals with municipal employment relations, and Subchapter V deals with State employment relations.

Chapter 111.01 deals with the general goals of the law. One of the primary goals is to keep the peace between workers and employers, to the benefit of everyone else.

111.01(2)

Industrial peace, regular and adequate income for the employee, and uninterrupted production of goods and services are promotive of all of these interests. They are largely dependent upon the maintenance of fair, friendly, and mutually satisfactory employment relations and the availability of suitable machinery for the peaceful adjustment of whatever controversies may arise. ... It is also recognized that whatever may be the rights of disputants with respect to each other in any controversy regarding employment relations, they should not be permitted, in the conduct of their controversy, to intrude directly into the primary rights of 3rd parties to earn a livelihood, transact business, and engage in the ordinary affairs of life by any lawful means and free from molestation, interference, restraint, or coercion.

It's pretty clear that one of the goals of allowing public employees to unionize was to ensure that disputes could be handled in an orderly way, without inconveniencing everyone who depends on the work that the state and municipal employees do.

As the law continues, Chapter 111.06 starts to lay out what "unfair labor practices" are, both for the employer (1) and for the employee (2). I'll quote some of the unfair labor practices, for employees.

(c) To violate the terms of a collective bargaining agreement, including an agreement to accept an arbitration award.

I'd argue that, per the terms of the CBA for Madison's teachers, calling in sick to attend a protest meet this definition of an unfair labor practice.

(e) To cooperate in engaging in, promoting or inducing picketing that does not constitute an exercise of constitutionally guaranteed free speech, boycotting or any other overt concomitant of a strike unless a majority in a collective bargaining unit of the employees of an employer against whom such acts are are primarily directed have voted by secret ballot to call a strike.

Given that no strike has been called, I think the teachers who -- by their absence -- forced schools to close have engaged in unfair labor practices towards their fellow teachers. The teachers are arguing that their actions are merely an exercise of constitutionally guaranteed free spech. I don't know that I agree. Not when a large minority of teachers are acting collectively, with the approval and encouragement of the union, to shut down the schools.

Now, let's move specifically to Subchapter IV, Municipal Employees. Section (1)(i) and (1)(j) make it clear that teachers are muncipal employees since they are employed by school districts. Section (1)(nm) defines a strike, for municipal employees.

"Strike" includes any strike or other concerted stoppage of work by municipal employees, and any concerted slowdown or other concerted interruption of operations or services by municipal employees, or any concerted refusal to work or perform their usual duties as municipal employees, for the purpose of enforcing demands upon a municipal employer. Such conduct by municipal employees which is not authorized or condoned by a labor organization constitutes a "strike", but does not subject such labor organization to the penalties under this subchapter.

What we had in Madison last week was a concerted stoppage of work by municipal employees for the purpose of enforcing their demands that the Governor alter the Budget Repair Bill. Because the unions didn't call a strike, the union itself isn't subject to penalties but individual teachers could be. Because the teachers were demonstrating against the State, not the municipal employer, their actions do not directly meet the definition of a strike.

Section (3)(b)(4) repeats the general prohibition against violating the current CBA. Section (4)(L) bans strikes by municipal employees.

Except as authorized under par. (cm) 5. and 6. c., nothing contained in this subchapter constitutes a grant of the right to strike by any municipal employee or labor organization, and such strikes are hereby expressly prohibited. Paragraph (cm) does not authorize any strike after an injunction has been issued against such strike under sub. (7m).

Section 7m lays out the process for ending a strike.

Section (7m)(a)

At any time after the commencement of a strike which is prohibited under sub. (4) (L), the municipal employer or any citizen directly affected by such strike may petition the circuit court for an injunction to immediately terminate the strike. If the court determines that the strike is prohibited under sub. (4) (L), it shall issue an order immediately enjoining the strike, and in addition shall impose the penalties provided in par. (c).

Section (7m)(c)(2)

‘Individuals.’ Any individual who violates sub. (4) (L) after an injunction against a strike has been issued shall be fined $10. Each day of continued violation constitutes a separate offense. After the injunction has been issued, any municipal employee who is absent from work because of purported illness is presumed to be on strike unless the illness is verified by a written report from a physician to the municipal employer. The court shall order that any fine imposed under this subdivision be paid by means of a salary deduction at a rate to be determined by the court.

The Madison School District thought that these sections of law applied. They filed suit on Friday, in Dane County Circuit Court, to have the work stoppage declared a strike and to get an injunction against the strike. MTI, the local union, did argue that the stoppage wasn't a strike.

In court, MTI lawyer Lester Pines argued it was not a strike because the union made no demands against the district, a requirement for a strike under state law.

Instead, he said, teachers were exercising their First Amendment right to express their feelings about Gov. Scott Walker's plan to limit collective bargaining.

"To do so they may be subjecting themselves to discipline, to having their pay docked, but they are making that choice individually," Pines argued.

A hearing was scheduled for Monday morning but it was canceled / postponed when the teachers indicated that they would return to work on Tuesday.

I'm forced to agree that the teachers weren't technically striking, since they were protesting the actions of the State not the actions of the Madison School District. Morally, I believe the unions did engage in a strike. It didn't, quite, meet the legal definition of a strike but it came right up to the boundary. The State doesn't directly employ teachers but it does set the overall policy and rules for how school districts employ teachers. Thus, I think of the State as a related employer (a grandparent employer?). The arguments presented during the last 6 days of protest certainly sound like the arguments that striking employees would make against an employer. These demonstrations were done for the purpose of demonstrating the unions' power and attempting to force the government -- at all levels -- to agree to their demands.

I do believe the individual teachers are guilty of violating 111.70(3)(b)4. They're only innocent of violations to 111.06(2)(e) because their demonstrations were against the State instead of the municipal government.

So, I was wrong. Legally, the unions are clear. The individual teachers are guilty only of violating their own collective bargaining agreement.

For decades now state and local governments have been content to turn taxation over to the Federal governmnet. It's a pretty sweet gig. The Feds raise taxes -- capital gains, income, tarrifs, gasoline, whatever -- and get all of the voter anger and contempt. Then the Feds turn around and give the money back to the state in the form of grants, road spending bills, earmarks, or other forms of largesse.

It's an arrangement that gives State and local lawmakers the thrill of spending without the pain of actually, themselves, being responsible for taxing that much out of their residents.

It's an arrangement that does have some downsides. The biggest is the complete lack of local control. Remember the golden rule: he who has the gold makes the rules. A local Madison neighborhood is finding that out the hard way.

The pedestrian walkway under University Avenue at Spring Harbor Drive may be old and spooky. But school and neighborhood officials say it's necessary to keep kids and residents safe when they cross that roadway, where drivers routinely exceed the posted 35 mph speed limit.

Now they're worried that plans for a $7 million reconstruction of 1.9 miles of the avenue -- from North Segoe Road in Madison to Allen Boulevard in Middleton -- next year don't include re-building the tunnel.

... Madison officials say it would cost $1 million just to build a new tunnel because federal laws would require it to be accessible for people with physical handicaps -- unlike the current walkway -- and so far the money isn't available.

City officials say they'd love to make the passage's users happy, and staff engineer Christy Bachmann said the city has applied several times for federal money to redo the tunnel, but the project always ranks low and loses out on the grants. Ald. Mark Clear, whose 19th District includes the underpass, said the city has to do something with the passage come next spring.

"Because the reconstruction project is federally funded, they require that the pedestrian underpass at University Avenue and Spring Harbor Drive be brought into ADA compliance or removed," Clear said, referring to the federal Americans with Disabilities Act.

Glen Yoerger, an engineer for the city of Madison, said the reconstruction of the street, 80 percent of which will be paid for with federal funds with the remainder coming from local funds, will install curb and gutters and medians where needed along University Avenue, among other improvements.

Well, better luck next time kids. Your Aldermen, County Board members, state Assemblymen, state Senators, and Governor long ago gave up the right to actually govern this state. As a result, they're powerless to help you now.

Speaking personally, I'd love to see a State legislature and a State governor stand up to the Feds and fight to keep tax dollars. Then, take responsibility for collecting the money for local needs and spending the money in a way that will best serve local needs. The Feds are never going to be as good at knowing what your State needs as you. Quit dodging responsibility and start doing your jobs.

Holy cow. The Wisconsin Democrat is calling it quits:

In a major blow to Democrats, House Appropriations Committee Chairman David Obey has told close associates that he will not seek re-election and an announcement of his plans is expected as early as Wednesday.

The Wisconsin Democrat faces tough poll numbers at home but until Tuesday night his staff had insisted he was running aggressively and had hired campaign staff. But a person close to him confirmed the decision to POLITICO Wednesday and said Obey was preparing to make a statement.

via Obey Won't Seek Re-election - Daniel Foster - The Corner on National Review Online.

Seeing as how I think the House Appropriations Committee is full of the most arrogant, big spending collection of corruptocrats in the entire Congress and seeing as how Congressman Obey was their Chairman -- you might say that I'm elated at this news.

The Capital Times published an article on the shortage of child day care in Dane County. It's not until the 11th paragraph that they finally reveal that the state government is to blame.

The primary reason it's so hard to find care for infants is because of a state mandated caregiver-child ratio that requires one provider for every four babies or toddlers under age 2. Ratios increase according to the age of the child. For example, the ratio is 1 caregiver for every 13 children for 4- and 5-year-olds. So, the staffing costs for infants can be more than triple what they are for older children.

Most child care centers don't offer infant care, in part because of financial reasons. "Not to sound cold, but they don't make money on infants because the ratio is so small," says Jody Bartnick, the executive director of Community Coordinated Child Care, a children's advocacy organization commonly referred to as 4-C. Stricter regulations add costs, she said. Infant rooms require their own sink, their own refrigerator and other equipment.

And when those costs are passed on to consumers, they are significant for most household budgets.

4-C numbers show that the average weekly cost of infant care in Dane County as of March 2008 was $245 in a family child care center and $275 at a group center. For preschool care, the number drops to about $220 at both types of centers. At those rates, child care can cost between $11,000 and $14,000 a year -- compared with about $7,300 for in-state tuition at UW-Madison.

In the name of making day care safer, they've actually made day care nearly impossible to get. And, when you can get it, it's astronomically expensive. For an area that prides itself on its progressivism, this sounds pretty regressive to me.

Of course, they'll redeem themselves by attempting to raise my taxes so they can turn around and subsidize child care for someone else. The obvious solution -- deregulate the market -- would never occur to them.

You're doing a heckuva job, Jimmy Doyle.

'Homesteaders' try to produce all their own food - WSJ

Jodi and Brian Bubenzer describe themselves as "homesteaders" who try to produce all their own food, even though nothing in their suburban childhoods prepared them for this existence. They knew nothing about farming until five years ago, when they bought a farm outside New Glarus. And while adapting to their new Green Acres lifestyle, they've both maintained jobs in Madison and home-schooled their four sons.

My main exposure to farming is the "Little House" series of books. Technology has a come a long way since then and farming doesn't require quite as much manual labor as it used to. But, still, isn't it a full time job?

How does one home school, farm, and work two "regular" jobs? That sounds like working four full time jobs.

As you may have heard on the news, Wisconsin experienced some pretty severe flooding last month. Shortly after the rains subsided, I received Congresswoman Baldwin's monthly e-mail update. She included this quote:

Our entire state Congressional delegation sent a letter to President Bush last Friday asking him to respond quickly to any requests Governor Doyle makes for federal aid for flood relief.

In this type of crisis, the federal government takes guidance from local authorities as to where help is most needed. Our municipal, county, and state agencies are responding magnificently to this wide-spread disaster.

(Emphasis added by the editor).

It's gratifying to see that Congresswoman Baldwin recognizes that state and local governments have a role to play in disaster relief. Nearly three years ago, she blamed the slow response to Hurricane Katrina exclusively on the the President.

I have heard from dozens of you who are outraged, as I am, by the slow response of the federal government and there will be questions raised and answers demanded of those ostensibly in charge of our homeland security and federal emergency management, but first we must focus on the crisis at hand.

Somewhat surprisingly, I don't recall hearing Congresswoman Baldwin lament any of the many mistakes that Mayor Nagin and Governor Blanco made.

In summary then: when a state's government is on top of diaster relief, she calls on the President to respond to their magnificent efforts. When a state's government is lost, confused, and unprepared, she berates the President for not overriding their efforts. According to Congresswoman Baldwin, although "the federal government takes guidance from local authorities", ultimately only the federal government bears any responsibility at all. Thus, the federal government becomes a convenient whipping boy and the states are encouraged to minimize preparedness.

With the spring weather that we had this year, eating local doesn't look like such a great idea:

The floods that damaged farms in southern Wisconsin will likely result in fewer fruits and vegetables at farmers' markets this summer and help boost already high prices for organic eggs and meat at grocery stores in the fall.

A cool spring meant many farmers were about two weeks behind in planting. The storms struck just as their first plants emerged from the ground.

"Twelve inches of water falling on, say, this field of beets that were just starting to peak through the soil, it just washed them away," de Wilde said. "They couldn't withstand that kind of deluge."

Organic corn fed to livestock that provide organic eggs, chicken, beef and pork was barely 4 inches high, half of what it should have been, said Eric Newman, vice president of sales for La Farge-based Organic Valley, the nation's largest cooperative of organic farmers.

Thankfully, today's progressive consumer can secure an organic diet no matter what the local market is like:

California supplies over half of the nation's organic fruits and vegetables and should be able to make up for losses in Wisconsin and other flooded states, Newman said.

It's a good thing we have a robust, distributed economy. Even though local farms are having a tough time, we won't have to worry about anyone starving or eating an unbalanced diet.

Initially, I was cheered by this story: Yard signs welcoming immigrants to Madison are starting to appear on the snow-piled landscape..

The signs say "Immigrants Welcome" printed in English, Hmong and Spanish. The word "Welcome" also is handwritten in six languages: English, Hmong, Spanish, Norwegian, German and Arabic, by members of immigrant families in Wisconsin.

"We've heard a lot of angry anti-immigrant sentiment. We're glad to be giving people an opportunity to express welcome and love to immigrants," said Janet Parker, co-chairwoman of Wisconsin Network for Peace and Justice.

Well, they sound like hippies, but at least I can agree with the message. I like immigrants and I'm glad that they see the United States as a good place to live and work. We must be doing something right.

Then I read down a bit further:

Parker said her group supports the work of immigrant rights groups like the Workers' Rights Center and Immigrant Workers' Union in Madison and Voces de la Frontera in Milwaukee.

"We see the war in Iraq as intrinsically tied to the war against immigrants," Parker said. "At the core, they are both about racism."

Ah, no. No, no, no. The war in Iraq has nothing to do with racism. Anyone who sincerely holds that opinion has tapioca between their ears. Also, Voces de la Frontera is a bit of an unsavory group.

As reported earlier members of Voces de la Frontera violated the home of State Senator Cathy Stepp last night shouting and attempting to intimidate her into signing driver license legislation for illegal immigrants.

I took the following from their website:

Description of Agency/Activities: Voces de la Frontera is a low-wage and immigrant worker's center that opened in Nov. 2001. The center was created to respond to the immediate problems low-wage immigrant workers face. The center provides a legal clinic where workers can obtain free legal advice about labor and civil rights, as well as ongoing English language and citizenship classes. The agency provides classes to train workers and other immigrants about discrimination, OSHA regulations, labor laws, worker's compensation, legalization and work visas, and more day-to-day topics such as how to obtain a driver's license, how to buy a house, and how to fill out taxes and open bank accounts. Ongoing campaigns include legalization and access to higher education for immigrant students.

Notice any trend there? All kinds of training on how to get government cash and sue people, nothing on job training or English language courses or fitting into society.

Don't expect to find one of those yard signs in my lawn. Not if buying the sign means supporting groups like Voces de la Frontera.

Lately, I've felt like the cold weather will never end. It seems like every single week of the winter has brought more snow, more cold, more icy, and more dreariness. But -- at last! -- I have hope that we're seeing the end of winter.

Average temperature for the first five days of March: 28 degrees.

Average temperature for the last five days of March: 39 degrees.

At this point, that would feel like heaven.

I must be missing something, because I don't understand how this makes any kind of sense:

Eventually, Olson said he put up $2 million and got financing from Anchor Bank and First Business Bank, spending an average $250,000 per property and about $130,000 in each to convert them. The project, he said, was a good use of his compensation money while making a profit.

The condo units got new carpets, doors, Italian tile floors, stainless steel appliances, bathroom fixtures, new or refurbished cabinets and more. The building mechanicals and plumbing got updated. Those on Carling Drive also received new windows, siding, gutters and decks.

"We didn 't just paint the walls and clean them up and call them condos," Malin said.

"It's something anybody would be proud to live in," Olson said.

Condos sell at $59,900 for a one bedroom, $69,900 to 74,900 for two bedrooms, and $89,000 to $99,900 for three bedrooms.

Olson spent an average of $380,000 per condo, to put them on the market. The most expensive one sells for $99,900. Where's the other $281,100? Is Olson taking a loss on these or is the city of Madison?

How's the weather in Madison, WI?:

Including today's snow, it is the 37th time in the last 67 days -- since Dec. 1 -- Madison has seen measurable snowfall, according to weather service data.

Madison's normal winter snow total is about 49 inches, Kuhlman said, but the city is already well above that average with about 60 inches of snow through midnight. The storm could push Madison to within inches of the snowfall record of 76.1 inches set in 1978-79.

You know, snow stopped being fun somewhere around December 5th. I move that we move immediately to Spring. I further move that we proceed immediately to global warming. The world's climate is obviously not warm enough yet. Can I get a second?

16:30 - Leave the office for my car.

16:40 - Finish digging my car out of its parking spot and leave the office building.

17:23 - Arrive home. The roads are mostly empty. Apparently, the vast majority of Madison heeded the media warnings and stayed off of the roads. Driving down 14-South, to Oregon, a few jerks with four wheel drive pass me on the left. I am driving slowly, to avoid careening off the road into a snow drift. They are not satisfied with my 35 mph progress and pass with only 12 inches of clearance. I want to report them for reckless driving, but snow covers their license plates.

17:30 - Start moving the snow off of the driveway, so I can park my car. The snow-plow-provided drift at the end of the driveway is more than 2 feet deep. The snow thrower gives up in despair. I almost do too. But I won't. I persevere and clear a space just wide enough for my car to slip through.

18:40 -Finish clearing the driveway, sidewalk, and path to the front door.

18:55 -Get dressed, after a warm shower. My lips no longer feel numb!

There you have. Two and a half hours to drive home and get into the driveway. This is just too much snow for this Southern boy. I'm getting more and more tempted to just move to Tennessee.

The city of Madison believes that if it limits your freedom it can truly make you safer. Next up on their agenda: plastic water bottles.

The city of Madison, enamored of bans on everything from smoking to phosphorus fertilizers, may be setting its regulatory sights on another target -- plastic.

In coming months, the city's Commission on the Environment is likely to begin discussing bans on the sale of bottled water at public events and the use of plastic grocery bags.

Jon Standridge, chairman of the commission, said members voted unanimously at the end of last year to place both items on upcoming agendas.

"Each year toward the end of the calendar year we sit down and talk about what people are interested in," Standridge said. "We ask if something is an environmental problem and if it is worth taking up. And if it is worth taking up, is there something we can do?"

...

Regardless of what happens, Dreckmann said, discussion of the issue is important because it will make people more aware.

"Whether or not we actually do something about it, it's just good to raise the consciousness of people, to have them think about the environmental consequences of drinking bottled water instead of just turning the tap."

If water bottles are really, truly a problem let's fix the problem. Calculate how much they add to the cost of the city's garbage costs. Count how many of them are sold in the city. Put a city tax on each water bottle sold, equal to the disposal cost. In other words, put a price on the damage that the water bottles are doing. Then, let consumers decide whether or not they want to pay that price.

Maybe a per-bottle trash tax isn't the best way to pass the cost along to the consumers. But it's a better way than simply banning the bottles and leaving consumers no choice at all. Why is the Madison city government so opposed to choice and freedom?

Last year I was extremely critical of Governor Doyle's plan to increase heating aid for poor Wisconsin residents. This year, I'm still critical of the state's heating aid program.

I'm certainly not opposed to helping my poor neighbors. In fact, I don't really think I have much of a choice in the matter.

[esvbible reference="Matthew 25:34-40" header="on" format="block"]Matthew 25:34-40[/esvbible]

But I want my assistance to be precisely targeted, I want it to help those who need the most help, and I want to give it myself -- not have it taken from me by an overbearing government. That's why I was glad to find Alliant Energy's Hometown Care Energy Fund.

Through the Hometown Care Energy Fund, Alliant Energy offers free, confidential financial help for the elderly, disabled and families trying to make ends meet.

Hometown Care Energy Fund is supported by Alliant Energy and its many caring customers, employees and shareowners.

When you give to Hometown Care, your donation goes directly to neighbors in need in your area, with funds administered by local community action programs.

In 2006, more than 1,699 families received an average grant of nearly $248. Your generous contributions of $244,000 helped share the warmth with those who needed it the most.

Their description of the program didn't offer the kind of information I was really interested in, so I asked some questions.

1. How much of the funds collected funds are paid to community groups? 100%? Or does Alliant Energy keep some of the funds as administrative fees? Alliant Energy distributes 100% of the donations to agencies, but allows the agencies in WI to use up to 6% of the funds for administrative purposes.

2. Does Alliant keep track on exactly how the community groups use the money? Do they use 100% of the money for heating aid or do they keep some of it as administrative fees? Besides the up to 6% used for administrative purposes, the rest is distributed as agencies see fit for heating aid.

3. The website says "your donation goes directly to neighbors in need in your area". How big is the local "area"? I live in the Village of Oregon, in Dane County, Wisconsin. Is the money I donate disbursed to community groups in Oregon, in Dane County, in Southern Wisconsin, or in the entire state of Wisconsin? The area is by county. A donation from Oregon would go to Energy Services Inc of Dane County.

4. The site says that "A customer's payment history may also play an important part in selection for a Hometown Care Energy Fund grant." Does this mean that customers with a solid record of payment -- who suddenly fall behind -- are preferred over customers who habitually don't pay their bills. Yes, agencies take this into account in awarding their grants.

5. Finally, does the program encourage customers to economize on other areas of finance before receiving grants? For instance, if a customer was paying for cable television but unable to pay their energy bill, would they first be encouraged to cancel cable before receiving grants? Yes, the reason we use the agencies we do to distribute the funds is the often first take an Energy Assistance application from the customer which may provide them some state aid. Second they may discuss with them their income and expenses. Last these funds are there to help them if needed.

I hate cold weather with a passion and am very grateful for on-demand heat. I can't stand the thought that some of my neighbors might be cold because I was too stingy to help them out. Now that weather is getting frigid, we're donating money to the Fund each month.

As we approach Thanksgiving and you think about your blessings, this is a great way to share your wealth with those less fortunate.

My opinion on American education is simple: it's outdated. We haven't changed the way we've done school in over 100 years. Society, technology, and knowledge have all changed considerably during that time. I think it's time that we took education apart, reexamined it closely, and figured out how to educate a new generation of children. We should use everything we've learned in the past 100 years about the science of education, about science itself, and about the value of technology to rethink how we teach.

Of course, that's made more difficult by attitudes likes these.

Hot classrooms, some infested with wasps; sections of the three-level school unreachable by elevator; a roof in need of replacing.

Some look at the Primary Center here -- built in 1918 -- and see a deteriorating school building that is expensive to maintain. Others see an irreplaceable example of Wisconsin Prairie School architecture that should be preserved.

The building is a community asset -- whether it is used as village offices, a community space or housing, said Kurt Nowka, a Mount Horeb resident who describes himself as a preservationist. "People have come to Mount Horeb because of (its) character."

One of the teachers, at least, has some common sense.

"My thought is that it is not an appropriate place to teach," said Colleen Mize, who has taught first and second graders at the Primary Center for about six years. "It's so old, it's hard to keep up."

She also points to deteriorating carpet, classroom temperatures that can stay in the 90s and wasps in some of the classrooms.

"Research shows that children do better in an environment that is nicer," Mize said. "I just think something needs to be done. I don't care what they do, but I don't think it's a proper place to house little children."

She's absolutely right. But as long as people who have no stake in education -- preservationists, for instance, can wield political power over a school, who cares about the children? They should be honored to be learning in such a historic location!

When I said, above, that "it's time that we took education apart" what I really meant was that "it's time that we let education entrepreneurs take education apart". No referendum or school board will ever come up with the right way to teach children. But entrepreneurs might. A more market oriented school system would allow parents to pick and choose where their children attend school, how they're taught, and who their teachers are.

Wouldn't that be better than leaving the decision up to Kurt Nowka?

Governor Jim Doyle is once again threatening to shut down the Wisconsin government. He's so desperate to pass a budget, he's trying to scare us with stories of shut down prisons and canceled university classes.

"In order to fund essential services that are needed to protect the health and safety of Wisconsin residents, a partial shutdown may well be necessary. The Legislature's failure has left the state with no other option but to plan for the disaster they have caused."

For instance, the Department of Corrections and the UW System are expected to run out of money in April, he said.

Doyle said he needs to find significant cost savings in Corrections by then to keep running the prisons. That might mean canceling contracts with county jails that house some prisoners and furloughing workers, he said.

For the System's 13 four-year universities and 13 two-year colleges, the governor said it would be irresponsible to open the campuses for the second semester in January if they would have to close their doors in April.

Doyle said he doesn't have a date to put the plans in place and he would like "to put that off as long as possible."

Owen Robinson points out that the State has plenty of money to keep things running.

The state of Wisconsin is currently operating under the previous budget. Because of the natural increase in tax revenues from a growing economy, Wisconsin's government will actually take in about a billion MORE dollars even without any tax increases. Also, the budget included COL and other built in increases. So if a budget is not passed, Wisconsin can and will spend more money than it did last year.

If Doyle chooses to shut down government services even though they are getting as much or more tax dollars than last year, then he can have at it. It would show his utter weakness as an executive to manage the state. A manager from Best Buy could keep the store open without a budget increase. I would think that the governor could do at least that.

Once again, our governor is looking increasingly inept, incompetent, and powerless. Good. That's exactly how I like the executive branch to look. We don't NEED to pass a budget in order to keep the state safe and secure. Therefore, I don't think we should pass a budget until we get the right one. Right?

Last night, the State Assembly voted on Governor Doyle's new "compromise" budget. (The Democrat controlled Senate had passed it earlier in the day.) Thankfully, it went down in flames.

The path ahead for the stalled state budget was left in the dark Monday night as two Democrats and all but one Republican in the state Assembly voted to reject a compromise proposal by Gov. Jim Doyle, defeating the plan on a 53-44 vote.

A third Democrat who did not vote formally signaled he also opposed the proposal.

And in the wake of the defeat of the plan -- which earlier Monday was approved on a straight party line vote in the Democrat-led Senate -- neither side in the budget stalemate said they had any immediate new offer to put forward to end the impasse.

I bet you're wondering who that Republican quisling was. I was disappointed to learn that it was no other than my own representative, Brett Davis.

I've learned that when you're working on a nearly $58 billion budget bill with 132 other elected officials with strong opinions, you are not always going to get your way. It doesn't mean you have to give in, but there is a place for true compromise and it's time. Not just by the leadership of both political parties, but by every legislator that has a vote. This action must happen soon or state residents will soon see the dramatic impact of not having a budget. To me, no state budget is an unacceptable answer. I'm calling on my fellow legislators to join me. We must move the state forward.

Here's my response.

Dear Representative Davis,

I was disappointed to read of your vote in favor of Governor Doyle's budget, on Monday evening. I moved into your district in August of last year. Throughout the past 14 months, I've been watching your actions in the Assembly with great interest. I happily voted for your reelection last November and was pleased to see that you won reelection, in spite of a close race and a big effort from the Democrats. I looked forward to your continuing efforts on behalf of your constituents.

Today, I feel that you've let us all down. Governor Doyle's "compromise" budget was nothing of the sort. It still included an 8.3% hike in state spending -- at a time when the state still faces structural deficits. The budget also included unacceptable new taxes, for a state that's already one of the highest taxed in the nation.

Like many of your constituents, I believe that education and health care are important. However, I think we are smart enough to recognize that we must spend money in a responsible manner. Supporting Governor Doyle's goofy raise hospital taxes to lower hospital costs proposal is not responsible. Nor is supporting a $1.25 per pack increase in the cigarette tax.

You will be up for reelection in just 13 short months. If you had voted for a fiscally responsible budget, I'd have been willing to help explain to my fellow voters why your vote was the right one. If you had voted for a fiscally responsible budget, I'd have been willing to explain how the Democrats played politics with the budget in an effort to force Republicans into voting for an irresponsible budget. But, you voted for an irresponsible budget.

Fortunately, the budget failed. You have another chance. I'll be watching your upcoming votes. Are you willing to do the right thing? I hope so.

Sincerely,

Joseph A. Martin

About two dozen Madison high school students courageously stood up for the right yesterday. They protested the Iraq war and President Bush in a city and county that have both overwhelmingly voted to impeach the president. What courage! What intestinal fortitude! What lack of concern for self and popularity!

Yawn. Give me a call when Madison high school students rally in support of free trade, in support of the rights of the unborn, in support of lower taxes and fewer government handouts, in opposition to "An Inconvenient Truth", or anything else that might actually hurt their popularity.

Wisconsin Gov. Jim Doyle said today he would call the state Legislature into special session to consider a compromise budget bill.

The Legislature is 100 days late in passing a new, two-year budget, and Wisconsin is the only state without a taxing and spending plan. Without a budget, the state continues at last year's taxing and spending levels.

Leaders of the Republican-led Assembly and the Democratic-led Senate have met in private with Doyle aides for more than two weeks but have not reached a compromise. The closed-door talks began at Doyle's insistence after a larger group of negotiators had previously made no progress in resolving differences between the two chamber's budget proposals.

The compromise bill Doyle said he would introduce for the special session is still being drafted. But he said it would include the full cigarette tax increase, a $418 million tax on hospitals and $430 million in spending cuts compared to his original $58.2 billion budget proposal. It would also include a transfer of an undisclosed amount from the medical malpractice fund.

The bill would not include Doyle's proposed tax on oil company revenues or deal with the state's road fund, which he said would be dealt with in a later special session.

Doyle also said his compromise would not include a $15 billion universal health-care plan proposed by Senate Democrats or an increase he previously proposed in a tax on people selling their homes.

I dunno. I still prefer going on with no new budget. The state will continue operating under the old one -- which means no new taxes and no new spending. I can think of worse things that could happen.

The Recess Supervisor has some commentary on the situation:

Mind you, Jim Doyle is currently working in a political environment where Corky Thatcher would look like Albert Einstein. What he's doing isn't exactly hard. He sits back, watches both sides look like idiots for three months, and now comes in to play the role of serious grown-up. The press and the public afford him all kinds of clout because Mike Huebsch and Judy Robson look like a couple of third-graders fighting over the lead in the school play.

Doyle, of course, is effectively forcing the AssGOP to show its hand. For months, Mike Huebsch has talked about compromise, while members of his caucus like Steve Nass are slipping out the back door and giving word to the base that the caucus isn't going to compromise and doesn't care if we have a budget. So there's seems to be a bit of disagreement on where, exactly, the AssGOP caucus stands on the budget.

I'm not saying that Doyle's bill can't be improved upon, or that further compromises cannot or should not be made. But it's high time that the AssGOP decides once and for all to fish or cut bait on this budget, and live with the consequences either way. Either it accepts that compromising with Democrats means raising some taxes, or it walks away for good and takes its case to the voters.

My money is on fish. There aren't enough zealots in that caucus to hold progress up.

The Capital Times is one of the local newspapers, here in Dane County, Wisconsin. I refuse to subscribe to it, as it's pretty much a mouthpiece for the local Democrat party and the "progressives" of Progressive Dane. My most frequent name for the Cap Times is "that liberal rag".

Ahem. I say all of that to set the stage for this article on the budget stalemate. For starters, it's titled "Republicans Face Tough Choices in Budget Battle". It start out like this:

As state budget talks drag on, Assembly Speaker Mike Huebsch, R-West Salem, faces a series of increasingly difficult choices.

He can give Senate Democrats and Democratic Gov. Jim Doyle some or all of the tax and spending increases they want -- a move that would cost him support within his own party and could force him to seek up to 25 Democratic votes to pass the budget in his house.

Or Huebsch can exercise the so-called "nuclear option" by refusing to give in to the Democrats on taxes and blocking adoption of a final budget -- a move that would blow up the entire budget process and throw the state into fiscal uncertainty.

All of which is true enough, but incredibly slanted. After all, Democrats "face tough choices in the budget battle". They could compromise too. But they won't. And the Cap Times is on their side, so it pretends that only the Republicans can (and should) compromise. Instead that liberal rag presents the entire battle as one Republican obstruction after another. Never mind that the Democrats have ignored every budget compromise that Speaker Huebsch has presented.

I think what I'm trying to say is, there's two sides to every story. It'd be nice of the local papers ever presented more than one side.

I'm having fun watching the budget stalemate, here in Wisconsin. In case you weren't aware, we're the only state in the nation without a finished budget. Right now, our Governor is a Democrat, our Senate is controlled by the Democrats, but our Assembly is controlled by the Republicans. The Governor and Senate are pushing for a budget that includes new taxes and new spending. The Assembly is pushing for a budget with limited new spending and no new taxes.

So far, the Assembly is winning -- by virtue of the fact that they've gone 13 weeks without caving to Democrat demands and giving away the house on taxes. Frankly, I'm stunned. I never thought the Assembly Republicans had that much collective spine in them.

I think the Democrats are growing desperate. Despite supposedly having a superior bargaining ability, they've been completely unable to push through their preferred version of the budget. Now, they're proposing that police offers "arrest" any lawmakers who don't show up for budget negotiations and force them to negotiate.

Their "Budget Deadline Enforcement Act" is cute, but it can't pass without Republican backing. I think that's hilarious. The Democrats have been reduced to making empty threats to try to hide their impotence.

Fortunately, last year's budget stays in effect until a new one is passed. That being the case: Go, Republicans, Go!