The Politics of Privacy

By Jeff Simpson

Why do our elected politicians have no respect for our right to privacy?

If you remember, in 2011,  every person who signed the Scott Waker recall petition(and only the Scott Walker recall petition, despite there being many others - hmmmm), names and addresses were put online for everyone who supported Scott Walker to see and use for harassment, bullying and hiring processes/
For exercising their Constitutional Rights, as written in the Wisconsin Constitution, their names, addresses and phone numbers were there for the whole State of WI to do with as they may.

In 2012, the far right wing MacIver Instutute sued Senator Erpenbach to get the names of everyone who emailed him about the ACT10 Protests.  Senator Erpenbach turned over all the emails, but blacked out the identifying information of his constituents.

That was not enough for the Mcgyver crew so they sued again and surprisingly won.   Senator Erpenbach was then forced to turnover all names, email addresses etc of people who took five minutes out of their day to let their elected representatives know how they feel about the events of the day.   MacIver needed full contact information to make sure that anyone who advocated positions they disagreed with, would now live in fear for their safety and jobs.

All the while, never caring about the privacy rights of the everyday people in WI.   I am 100% for an open and honest government and completely open records.   However, people contacting their legislators, or being on a legislators mailing list, is not Government.

It is incredibly ironic, that many of the same people who are whining the loudest about money being speech and how asking for donors records was an assault on free speech rights, are the same people requesting these records and making them public.

The hypocrisy does not end there.  The Scott Walker administration keeps finding new ways to avoid Open records request and destroy documents.  Scott Walker will not even allow us to know who visits him at the Governor's mansion, mostly because they are big donors and the moneyed base.   Their privacy must be protected at all costs.

Unfortunately for the citizens of Wisconsin, the politicians trampling on your privacy rights are bi partisan in nature.

The latest attack comes from wolf in sheeps clothing Milwaukee County Executive Chris Abele.

Last month, Tia Torhorst — Abele's campaign manager — asked various Milwaukee legislators, including Larson, to turn over the names and email and street addresses for the thousands of recipients of their official newsletters over the past three months.

She didn't consider her request very unusual or difficult to fill. Besides, it didn't take much time for Larson to identify the exact number of records that his staff would have to compile.

That is the problem, this is not an unusual request as politicians on both sides of the aisle have been playing games with our privacy and it is time to tell them to end it!



Edit note:  to answer the question on what I think should be released: If you send a quick email to an elected official or are on a mailing list.  

Joe Smith 
123 Main St 
Cottage Grove, WI  53527 
Jsmith@wi.gov  

Now, if you are giving money to an elected official that changes the rules and more information should be given, including employer but we have seen recently that they want you to know more about the people who occasionally contact a legislator than they do people who spend thousands of dollars buying them.  

Erpenbach: ADRCs Deserve Legislative Support

Senator Jon Erpenbach has written an op-ed piece about the importance of the Aging/Disability Resource Centers and the long term programs that serve our disabled and elderly citizens:

In the mid-1990s Wisconsin made the decision to create Aging and Disability Resource Centers. These centers have spread throughout Wisconsin and have been used as a model for many other states for best practice in local long-term care support. ADRCs help the elderly and disabled and their families by providing counsel regarding options for in-home services and care that help people stay in their own home and out of nursing homes and institutions.

This model of a "local one stop shop” for the elderly and disabled, managed on a nonprofit basis in local communities, is truly a success story for Wisconsin. ADRCs are charged with helping individuals use their own financial, family and community resources efficiently and effectively. ADRCs are available for all residents to use, regardless of income or personal resources, and have a mission to empower people to make informed choices.

Unfortunately, Gov. Walker has proposed that ADRCs do not need to operate in every county and that services could be provided on a statewide basis managed by a private for-profit company. Local ADRC governing boards, which include elderly and disabled board members, would simply be eliminated.

ADRC boards are not alone; the successful self-directed IRIS program is also slated to be eliminated, and existing local management for Family Care is also set aside in favor of the statewide management program.

For the past 20 years I have volunteered delivering meals on wheels once or twice a month. Many clients are referred to the program by our local ADRC. The relationships I have built with participants have truly shown me that ADRCs are needed and necessary in our communities. You simply cannot substitute local knowledge and support.

Obviously, the first question we would like the governor to answer is why should we throw out programs like ADRCs, which work successfully locally with a core set of volunteers and not-for-profit experts in favor of a statewide program that will be run for profit? These choices make no sense for the people of Wisconsin and should be outright rejected by the Republican-controlled Legislature. I will do my part on the Joint Committee on Finance to repeal Walker’s proposed privatization of ADRCs, IRIS and regional management of Family Care. Elimination of local systems to create bigger private systems of care for individuals seems like a bad idea.

I agree completely with Erpenbach on all but one point. Walker's scheme does not seem like a bad idea - it is a bad idea!

You Have Been Warned

By Jeff Simpson

To all of our friends, neighbors, family, acquaintances, and other public workers who decided to take part in our democracy and emailed your elected representative during the Scott Walker caused protests.


LOCK YOUR DOORS

DO NOT ANSWER YOUR TELEPHONE

MONITOR YOUR CHILDREN

CHANGE YOUR EMAIL 

GET YOUR RESUME READY

Your life is going to be very complicated very soon.

 MacIver spent tens of thousands of taxpayer dollars, to make sure they could get your personal information.  MacIver Institute now has access to your email, and all personal information.  MacIver will soon be releasing this information to their rabid followers.  While I am sure that MacIver will tell people NOT to attack/intimidate people on the list, but they will be doing so in a  "wink wink" nudge nudge kind of way. 

For all of you affected by these intimidation tactics, here is the place to contact:

The John K. MacIver Institute for Public Policy

Brett Healy, President

44 East Mifflin Street, Suite 201

Madison, WI 53703

Phone: 1.608.237.7290

Email: info@maciverinstitute.com

If you fear for your life, do not hesitate to contact the police!  

(picture from Urban Milwaukees public website). 
PS:  There is a reason they only wanted public worker's contact info:

Erpenbach/Maddow

By Jeff Simpson

From 11/11/13 - H/T Democurmudgeon

A couple observations. 

*  I did not know that Scott Walker started his career as a carpetbagger. 

* Educated professional people have been calling him a "kook" his whole career. 

*  Scott Walker has always favored BIG government and always will. 

*   We should be wary of anyone who has this much blind ambition. 

* Isn't it ironic that the standard bearer the last three years for "tea party" politicians is "jam through legislation with no public hearing".

The Beloit Daily News Shills for MacIver

By Jeff Simpson

We brought you recently the good news that a judge ruled for the people of WI against the far right wing propaganda organization that calls itself MacIver.   The MacIver institute tried to get Senator Jon Erpenbach to turn over 26,000 emails he received from his Constituents, which he did. 

However, the macgyver group had no interest in the actual emails, they wanted names and contact information to start a statewide harassment campaign that would have made James O Keefe proud.   So when Senator Erpenbach redacted all names and contact numbers,  the "free market voice" did what they do best and sue the state to try and get their way. 

Luckily the judge stopped this witch hunt in its tracks! 

However the judges order was not good enough for the Beloit Daily News, they want to dish out punishment!

However let's be perfectly clear - They want to dish out punishment to the poor and middle working class public workers ONLY!    

The judge said no. “The senator’s concern that his constituents might face retaliation must be considered in light of the nuclear environment that existed when he made the decision to redact the email addresses,” Grant County Circuit Judge Robert P. VanDeHey wrote in his ruling.

BOTH THE SENATOR and the judge may be within their rights, but it’s bad law nonetheless.
It’s common for private businesses to have policies restricting personal use of electronic company equipment. People can get fired for violating those policies.
Likewise, public employees are not supposed to use taxpayer-owned equipment for personal use. Nor are they supposed to engage in political activities during hours they are paid to work for the taxpayers. The Milwaukee County District Attorney’s office spent years investigating just that sort of activity in the John Doe case recently concluded.

Then they doubled down(emphasis mine).  

The judge’s ruling essentially says it is more important to protect the workers from any consequences for such behaviors, than it is to block them from engaging in the behavior in the first place. That’s a license for workers so inclined to use public computers for political activities whenever they please, knowing any evidence identifying them and exposing the behavior can be blacked out by political friends.

Before I address that, I want to clear something up quickly.  The behaviors that they want punished in this instance is people sending their legislator such emails as these:

“We appreciate the historic stand you are taking for worker's rights in our district.” and

“I just wanted to take a moment and thank you for doing your jobs and representing the people of Wisconsin. I am not alone when I say that what you did means a lot to us. Thank you!”

O the horror, a 12 word email of support to their legislator and we need to harrass them if they sent it at 9:15 am.   They must be punished!  Seriously?  Now let's take a little closer look. 

The Beloit Daily News Scorecard:

1.  Since they compared this to the John Doe investigation, how many editorials upset that Scott Walker would politic from his office using a secret router on taxpayer owned equipment?  - 0 

2.  Editorials calling for the release of all john doe documents that were turned over in the case, so we would know who was doing and knew what on their taxpayer -owned equipment? - 0

3. Editorials complaining that John Doe investigation was a partisan investigation with no substance? - 1

4.  Outrage that Scott Walker used taxpayer-owned equipment to discuss his plans to lie to the democrats to get them to come back to the state and also talked about adding violence to the peaceful protests?  - 0

5.  Editorials complaining about former Secretary of Health Services Dennis Smith allegedly using his taxpayer- owned computer and cell phone to carry on an affair with his high school crush (and subordinate). - 0 

6.  Editorials complaining about a mining company writing a bill that directly benefits their own company - 0

7.  Editorials calling for the ouster of any elected representative who signed a secrecy agreement in the redistricting mess - 0 (they actually endorsed all local reps who did)! 

You get the point.  

Could it possibly be that because you have a personal interest in the Walker Administration staying in power, its better to black out bad behavior of political friends? Or is it just that you hold the nurse, teacher, firefighter, snow plow driver, janitor, prison guard, to a much higher standard than you do your Governor and elected officials? 

The Beloit Daily News can reconsider their support of the very far right, republican front group, MacIver.   We hope they do!  

Erpenbach V Maciver

By Jeff Simpson

And the winner is the People of Wisconsin.   

The MacIver Institute for republican propaganda has been well documented and exposed on these pages and many others and its time to do it again.  

The republican front group Maciver Institute did an open records request on WI Senator Jon Erpenbach:

The MacIver Institute sent an open record request in 2011 to State Senator Jon Erpenbach requesting all correspondence sent or received regarding “the subject of changes to Wisconsin’s collective bargaining law for public employees.”

So Maciver wanted a list of everyone who contacted Senator Erpenbach regarding ACT 10 and the budget, not caring what they said but only caring who said it!    The Senator wisely supplied all of the emails but redacted all of the contact information that would let the thugs at Maciver know who they were!  

Maciver had big plans for these names.....pure harassment of innocent Wisconsinites.   Maciver ,backed by secret big money, then did what they do best .....SUE.

 Senator Jon Erpenbach hung tough and was awarded a victory for the safety and security of the people of Wisconsin.   

Grant County Circuit Judge Robert P. VanDeHey said that it was "questionable" whether public employees had done anything wrong. He said that the records were public, but that Erpenbach was allowed to consider whether the employees might suffer retaliation when deciding whether to release their names under a test balancing the public good of disclosure against that of withholding the names.
"While this court may not have arrived at the same conclusion as did Senator Erpenbach, it is required by case law to accord deference to his judgment," VanDeHey said.
"In the future, public employees would be well advised to contact their political leaders using their personal computers and while not at work," the judge went on to write.
Each side filed requests for summary judgment in the case. VanDeHey denied both motions but did order Erpenbach to provide unredacted copies of the almost 2,000 emails for an in-camera inspection.
Erpenbach argued that as a state senator, his interpretation of the Open Records Law in redacting the emails is not reviewable by the court, under the separation of powers.
Even if it were, he says, he balanced possible harassment of the senders against the public interest in knowing their names and determined the latter did not outweigh the former.

Thanks to Senator Erpenebach for protecting the people of Wisconsin:

"Obviously I am elated and believe that justice has been well-served. Republican front group the MacIver Institute requested and received over 26,000 constituent records from the Act 10 time period. They got what they asked for - all communications," Erpenbach said in a statement.

As for the Anti-American Maciver Instutute, they cost the taxpayers of this state over $140,000 trying to keep 26,000 Wisconsinites safe.  Apparently contacting your elected representative is too much for them,so they need to know who still thinks we live in a democracy where the elected representatives actually represent the people.    

Call Brett Healy and tell him to reimburse the Wisconsin taxpayers the $140,000 they cost us!  

The John K. MacIver Institute for Public Policy

Brett Healy, President

44 East Mifflin Street, Suite 201

Madison, WI 53703

Phone: 1.608.237.7290

Email: info@maciverinstitute.com

 

@MacIverWisc

 

Walkergate: The Legal Cooperation Fund That Never Was

Two months ago, Scott Walker finally came out and admitted that he had established his legal defense fund because of the Walkergate investigation. At the time, he denied that he was the subject of an investigation and was only cooperating with the District Attorney's office. So, you see, it wasn't really a legal defense fund, it was a legal cooperation fund.

As time went on, we learned that Walker was doing a helluva lotta cooperating, having blown through some $200,000 in legal cooperation funds.

But things did not appear to be quite as Walker was trying to portray them. (Shocking, isn't it?)

The Democrats and Team Barrett smelled a rat, or more appropriately, a weasel.  And they started tracking the weasel down.  As questions about the legal cooperation fund were being raised, Walker's discomfort became obvious and he went from being cooperative to being rather defensive:

“I don’t think they’re going to do anything because there’s no merit to it. It’s nothing more than a cheap political stunt. We see it routinely. There’s no merit to it, and it’s not even worth discussing any more than that,” Walker said.

Oopsie!  Looks like they struck a sore point with Walker, doesn't it?

Barrett had asked the Government Accountability Board to release the information that they had given Walker when he established his legal cooperation-turned-defensive fund.  The GAB said that they couldn't do that and the only person who could release that information was Scott Walker.

So Barrett sent a letter to Walker asking him to release that information.

But Walker became most uncooperative and wouldn't release anything.

Undaunted, the Dems knew that there is always more than one way to skin a weasel.

State Senator Jon Erpenbach sent an inquiry to the GAB asking about how he could create a legal defense fund.  The GAB responded, which you can see here and here.

The long and short of it is that no where in the law governing legal defense funds does it say that one could be used for the purposes of simple cooperation.  It means that Walker and/or at least one of his agents are being investigated, charged or convicted regarding the crimes related to misconduct in office and illegal campaigning.

Based on a discussion that I previously had with Michael Maistelman, one of the state's leading election law attorneys, it is pretty unlikely that Tim Russell, Darlene Wink or Kelly Rindfleisch could be considered an agent, since they were county employees at that time, not campaign workers.  If Walker is indeed using his legal defense fund for any of these people, that would be yet another violation of the law.

In summary, what the Dems have done is let the cat out of the cellophane bag and made it irrefutable that Walker and his minions are the subjects of the John Doe investigation known as Walkergate.

And they always were the subjects, meaning that Walker has been telling yet another lie to the voters of Wisconsin.  Just like he did in the last election when he told us he was going to negotiate with the unions and that he had no plans on busting them up.

Is Walker every going to able to be honest and forthright with the voters regarding anything?

The Wreck Of Scooter Fitzgerald: The Video!

This video could make one think that soon-to-be-former Senator Scott Fitzgerald is feeling the pressure of having to face a recall. It's definitely not the behavior of a leader or that of an adult:



It's also fun to see Sen. Erpenbach doing some serious verbal karate on Fitzgerald and the other Republicans.

Pewter Gryphon Receives Well-Earned Accolades

A quilt that honors all of
Diane's interests and
accomplishments.

Two weeks ago, the Democratic Party of Wisconsin put out a video celebrating the grassroots groundswell which has become the move to recall Scott Walker.  At the time of the showing, I noted that one of #wiunion's own heroes, Diane Echelberger, aka The Pewter Gryphon, had a cameo appearance in the video.  I went on to explain what a special woman Diane is and how she has given and continues to give Wisconsin her all.  Only thing is, I unintentionally gave her short shrift in exactly how amazing she is.

Graeme Zielinski, Communications Director for DPW, saw what I had written about Diane and felt that she deserved some sort of recognition.  Or as he later quoted to me:

"I'm a man of faith. And, with apologies to my non-religious friends, I believe that the Holy Spirit is alive among us. Clearly, she has been given breath by the Holy Spirit to do what she did over her remarkable life. This is a humble woman whose example we should exalt and which should humble those that exalt themselves."

And exalt her they did.

Steve and Ryan at DPW worked with Senator Jon Erpenbach and two of Diane's closest friends, Mariah Clark and Sarah Zepnick, in order to quickly arrange an opportunity to give Diane the credit she is due.

From left: Senator Jon Erpenbach, Sarah Zepnick,
Diane (Pewter Gryphon) and Mariah Clark.

On Thursday, Senator Erpenbach spent the better part of an hour with Diane, Mariah and Sarah.  During the visit, he presented her with a plaque of recognition from the Committee to Recall Scott Walker.  Even more impressive, at least to me, was an official Citation by the Senate* recognizing Diane for her "more than 30 years fighting for and upholding the values, interests and traditions of the State of Wisconsin and its residents."**

All of the people I've spoken with expressed how moved they were by the event and how wonderful Diane is.


I'll let Steve Potter tell you the story of how wonderful and truly remarkable Diane is.

I want to take this time to publicly thank Graeme, Steve, and Ryan for their hard work in organizing this so quickly and making it a beautiful event.

I also want to thank Mariah and Sarah for all the support and friendship they have given to Diane, as well as to me.

I also commend Senator Erpenbach for taking the time during the hectic holiday season to present this honor to Diane and doing it with such poise and dignity and compassion.

But most of all, I'd like to congratulate and thank Diane for all she has done for this state.  She truly is an inspiration for us all.

*Diane's Citation:
Diane's Citation

**It may be inappropriate, but I can't help but snicker at something that Mariah pointed out to me.  Diane's citation was signed by Republican Senator Mike Ellis, President of the Senate.  I wonder how Scott Walker feels about him endorsing a Citation honoring one of the most active volunteers in the recall efforts.