Keep O'Donnell Park Public!

As I have previously pointed out, Boss Abele, Milwaukee County Emperor, has openly declared war a privatization binge that would made Scott Walker green with envy.  Fortunately, he was stopped - for the most part - by the Milwaukee County Board.
on Milwaukee County.  In his most recent budget, he went on

Sadly, this is not the only front that Boss Abele has used in his attack.  He is also out to sell county assets in secret sweetheart deals.  Lisa Kaiser of the Shepherd Express had broken the story on Abele's plan to surrender Kulwicki Park for a whole dollar a year.  There is no word if Abele promised to give away a vacuum with every park purchase.

One of the more publicized sweetheart deals that Boss Abele is trying to push through is the sale of O'Donnell Park.  O'Donnell Park became a well known name four years ago when part of the facade fell off and killed a teenage boy and seriously injured two others.

Boss Abele is proposing to sell O'Donnell Park to Northwestern Mutual Life (NML) for $14 million.  When one subtracts the cost of needed repairs and paying off the debt service, the county would be lucky to net $5 million.

Since the announcement of this proposed deal, it has been a constant source of red flags, contention and disconcert.

It turns out that the land's real worth is closer to $40 million and is the source of $1.2 million per year in parking revenue.  Why would Abele want to short change taxpayers by such a margin that he would sell the park for less than 10% of its actual worth?

Another problem that will arise is the fact that the land sits on a former lake bed.  The Wisconsin State Constitution rules that this land is part of the Public Trust and thus it cannot be developed for commercial gain.

Granted, Abele and his bought off Teapublican legislators changed state law to rewrite geographic history, claiming that what once a lake bed is no longer a lake bed.  But no one really believes that this law would stand up to a court challenge.

A grassroots group, Public Parks Alliance, has set up a website to fight Boss Abele's folly.  On their website, they explain the issues clearly:

Suppose a private developer offered to buy Washington Park on Milwaukee’s west side. Or Estabrook Park on the east side, or Jackson, Humboldt or Mitchell parks on the south side, or Greenfield Park in the suburbs, or Juneau Park on the lakefront.

The reaction from government and the people would be swift, sure and final:

Our parks are not for sale.

So why is O’Donnell Park different?

Northwestern Mutual Life (NML) has proposed to buy O’Donnell Park, and County Executive Chris Abele was so eager to accommodate the request he put the sale in his budget last fall. Enough county board supervisors balked to get it removed for separate consideration, but some of them were all for it. Milwaukee Mayor Tom Barrett has been cheerleading, too. So, the sale of O’Donnell is back on the table for consideration by the County Board.

Why not? O’Donnell Park is prime lakefront property, worth a pretty penny both in the sale and in future tax revenues, right? And besides, O’Donnell is a liability anyway, a boondoggle and a money hole for the county, right?

Wrong.

O’Donnell Park is among the largest revenue producers for the Milwaukee County Parks System. It brings in an average of $1.2 million a year to help fund the parks. With annual cuts to the tax levy portion of parks funding dating back decades, the Parks Department is expected to fund more than half its operating costs through revenues it generates.

County Executive Abele is aware of the harm to the parks budget that would result from the sale. He even suggested a solution in his budget request to make up the difference. It is this: He would simply raise our taxes.

In what sense is O’Donnell Park not the equivalent of other public parks – the ones we would never sell? Because a large part of it is a parking garage? As such, it provides public parking for lakefront and downtown destinations, a benefit to users and to the businesses and cultural institutions they frequent. But O’Donnell is more than a parking structure. Like many other parks, it also includes a public plaza and pavilion for casual or organized public events.

O'Donnell Park is a park in every sense that defines any other park. It is public property, intended for the use and enjoyment of the public. Moreover, unlike many of our parks, O'Donnell Park is subject both to our constitution's Public Trust Doctrine and to deed restrictions requiring that it be used as a public park.

Much of the southern part of the park rests on filled lakebed land, which, under the Trust Doctrine, must be held by a public body for the benefit of the public. It cannot be transferred to a private party. The northern part of O'Donnell Park is part of Juneau Park, which, pursuant to a referendum, was transferred by the city to the county with deed restrictions requiring that it be held by the county and used by it solely as a public park. It was these deed restrictions which were the basis of the lawsuit blocking the Lakefront Expressway.

Preserve Our Parks has said that it would sue to block any private ownership or development of that portion of the Transit Center that rests on filled lakebed . Does anyone think for a minute that they will not likewise pursue lengthy and costly legal action to challenge any sale of O’Donnell? They will. They’ve already said as much.

NML wants O’Donnell Park now for its parking stalls, because it is building a high-rise tower just to the west. What it wants to do with O’Donnell 10 or 20 years from now is another matter. NML has rejected any suggestion that it enter into an agreement with the county to simply lease employee parking at O’Donnell. No, it wants to own it outright.

NML is a very good corporate citizen, almost as old as Milwaukee itself, and as a company has rededicated itself to the downtown area. That we all applaud, and it is natural that local governments strive to accommodate the needs of their best local employers, the drivers of their economies.

But it is of such love affairs that bad precedents are too often set. If Milwaukee County proceeds with what many believe to be the illegal sale of O’Donnell Park, on just what foot will it stand when the next good citizen steps forward with a plan to develop, say, King Park. Why not? Such a plan could bring needed economic opportunities to the suffering near north side.

Let us return to point one:

Our parks are not for sale.

On the group also presents a legal analysis, which is even more telling of what a bad deal Abele is proposing:

At its November 6th meeting, the County Board delayed consideration of the proposed

sale by a vote of 14-3.  The Board expressed uncertainty about the County’s role regarding future use of the property by requesting a legal opinion from County Corporation Counsel on that matter.  They did so with good reason.  There is much confusion about the legal consequences of the proposed sale. The big question is whether the public will have any legally enforceable right to public use and enjoyment of O’Donnell Park or any of its facilities. In short, the agreement provides for almost none.  If the County Board approves this sale, O’Donnell Park will no longer be a public park. It will be fully the buyer’s private property,

The County Executive is proposing sale of the entire park complex--all of its land, structures and facilities. This is a proposed sale, not what some have characterized as a “public-private partnership.” When you sell your house you do not become a partner with the buyer.  After closing, you have no say whatsoever about how the new owner uses the property. Unless the County and NM agree to legally binding provisions for a continuing role for the County, the County will have no role in determining O’Donnell Park’s future. The public, through its County elected officials, will no longer determine whether the property could become part of Milwaukee’s own “Millennium Park,” Chicago’s destination park built atop a parking garage, nor whether the public can have access to any or all of the property. The corporation that owns the property will have the sole right to determine its future use.

As if all this wasn't enough to give the gentle reader cause to pause, Bruce Murphy of Urban Milwaukee, who is as much an Abele acolyte as any, raises concerns about the deal:

Sixth, why did the Abele administration give the impression the entire property was restricted as to future development? “We were misled at the outset that the entire property was, quote, deed restricted,” Jursik complains.

Sixth [sic], why won’t Abele change course and insist on a deed restriction for the southern half of the property? “I’m really concerned Abele is not protecting the public interest on this,” Jursik says. Abele says Northwestern Mutual has other land it could build parking on and “if we push for too much they are able to do other things.” He also notes the county’s past problems developing real estate on land it owns (largely because of board vs. executive squabbles he refrains from noting) and says he wants to send a message to developers that the county is a reliable partner: “We want to build on a reputation as easy to work with.” 

But this may be a case of being too easy to work with. From a market rate perspective, NM seems to be getting a pretty good deal even without the southern portion of the property. But if it has the ability to develop that portion of the property, the deal looks like a steal. With that land included, Jursik says, “there’s no way that’s a market-rate proposal.”

In summary, Boss Abele wants to sell off O'Donnell Park, a valuable county asset which actually generates revenue for the county, for a tenth of what the value of the park is really worth.  On top of that, Abele wants to sell the land with no protections for the taxpayers that would ensure that the public land remains accessible to the public.  Not only did Boss Abele willfully fail to put in said protections, he refuses to even consider them.

It is obvious that Boss Abele has given up even the slightest pretense of representing the people of Milwaukee County.  That is why it is up to us - the people - to make sure our true representatives, the Milwaukee County Board, hears us that O'Donnell Park - or any other park, for that matter - is not for sale!

You can call your Milwaukee County Supervisor at 414-278-4222.  If you're not sure who your county supervisor is, you can look them up here.

Picture of the Day

The case regarding the tragedy that occurred at O'Donnell Park three years ago, when a facade fell off a parking garage and killed a teenage boy and injured two others, is still going on.  The arguments and testimony has been nothing more than a multifaceted finger-pointing.

But on Wednesday, there was a new flair.  Milwaukee County Emperor Chris Abele had to testify regarding comments he made, pointing out that deferred maintenance led, in part, to the catastrophe. And true to his nature, he tried to have things both ways at once:

Abele acknowledged remarks he made in two speeches were in reference to the accident.

Abele linked the county's longstanding deferred maintenance with the O'Donnell death in speeches on June 14, 2011, two months after first taking office. Those remarks and Abele's subsequent effort to correct them were covered in a Journal Sentinel article.

Recordings of those comments were played to jurors.

In a speech at City Hall, Abele said, "The lack of attention to that issue (deferred maintenance) ended in tragedy."

A few hours later, Abele discussed the issue in a speech to the Milwaukee Rotary Club.

"I can't do anything about the last eight years, but we've had hundreds of millions of dollars in deferred maintenance," Abele said. "And almost a year ago today we saw exactly what can happen and how tragic it can be when you ignore it."

In the Rotary speech, Abele raised the O'Donnell accident to help explain why he canceled a $775,000 public art project in favor of spending on maintenance jobs.

"I just don't see how you can look at what happened (at O'Donnell Park) and not take it as an opportunity to aggressively" deal with remaining maintenance problems, Abele said in the speech.

In his testimony Wednesday, Abele said he should have said the O'Donnell accident was a lesson that things should be properly maintained.

Abele often spoke in a quiet voice, prompting Judge Christopher Foley to ask him to speak more loudly so jurors could hear him.

Abele said he couldn't recall whether any county officials warned him his speech remarks could undercut the county's legal position in litigation over the O'Donnell accident.

Abele said he wasn't aware of details of O'Donnell construction or maintenance.

Not only was Abele trying to convince people that what he said didn't mean what he said, but the look on his face was a dead giveaway of what he thought of having to tell the truth, as shown in this picture taken by Rick Wood of the Milwaukee Journal Sentinel:

He actually looks like he's in pain at the thought of having to tell the truth.  No wonder they are still calling him mini-Walker.

The Ghost Of John Doe Haunts O'Donnell Park

On June 24, 2010, the unthinkable happened.

In a tragic course of events, a concrete facade fell off o O'Donnell Park fell and landed on top of Jared Kellner, a teenager on his way to the opening day of Summerfest.  The slab killed him instantly.  It also severely injured another boy and amputated part of the leg of the second boy's mother.

Since it was opening day, both Mayor Tom Barrett and then County Executive Scott Walker were at the Summerfest grounds when the tragedy occurred.  Barrett went straight to the site when he was informed of the incident and gave free reign to his police chief.  This is a great example of Barrett's compassion and humanity.

Walker, on the other hand, also revealed his true nature. It was considerably more base than Barrett's:

Within hours of this tragic incident, Milwaukee County Board Chairman Lee Holloway issued a statement remembering the victims and calling for an immediate inspection of all county structures and buildings. Milwaukee County Executive Scott Walker criticized Holloway’s actions and called them “irresponsible.”

[...]

What makes Walker’s accusations even more egregious is that the first thing Walker did was to check in at the courthouse to see if there was any deferred maintenance. At the press conference that occurred shortly after the tragedy, after appropriately expressing his sympathy for the victims, Walker felt it necessary to keep repeating that there was no deferred maintenance that he was aware of. It was as if his first concern was that he didn’t get blamed for this catastrophe.

Regardless of whether this tragedy was caused by poor design, faulty construction, deferred maintenance or something else, the only responsible action would be to inspect all of the county-owned buildings and structures, especially given their history, before anyone else is injured.

For Walker to argue for anything else would make one wonder if he is really concerned about the public safety or if he is just worried about how this might effect his gubernatorial campaign.

As the days and weeks progressed, Walker continued to try squelch any discussions of the subject by saying "it was too soon," just like gun nuts say every time there is a mass shooting. But there were other questions that remained:

On the day of the incident, Holloway released the above linked document showing the findings of the result of the survey from last year. The very next day, Walker produced the same document, but with an added column showing that the issues raised had been addressed. What is not clear is when those issues had been addressed and why it had not been reported previously. Those two things also need to be looked into.

Another question that needs investigated is whether the fact that Walker has been raiding the capital funds, which had historically gone into building inspections and maintenance and similar projects, and using that money to cover the holes in the operational costs of his budgets, contributed to any possible deferred maintenance issues. Likewise, does the fact that he had cut the number of building inspectors down to one have an impact on all of this is worthy of further consideration.

Sure enough, Supervisor John Weishan found that Walker had taken over $112 million from capital funds and used it to cover the budget gaps left from his tax giveaways.

As a result of the tragedy, the families have filed lawsuits against the county and the contractors.  One of the lawsuits alone is for $20 million.

Stemming from these lawsuits came a request to resurrect and reopen the John Doe investigation into Scott Walker, his county staff and his campaign staff, which was commonly referred to as Walkergate, and had suffered a much too early demise.  The judge whom presided over the John Doe investigation, the Honorable Neal P. Nettesheim, decided to reopen the case just so that the ADA Bruce Landgraf and the O'Donnell Park attorneys could go through them to for any emails prevalent to their case.  Even this isn't going smoothly and there are concerns of a cover up within the cover up.

They release the O'Donnell Park-related emails in four parts.

One is called "gopfran" for Fran McLaughlin who was doing a helluva lot more than editing a press release, as we had been led to believe from the Walkergate investigation.  The bulk of this release has the historic documents regarding O'Donnell Park.

The next packet is called "breakfast" and shows how Walker's campaign manager Keith Gilkes was the one calling the shots and giving orders, including to Walker's county staff.

The other two are rather duplicative, but each does have some choice tidbits which we will look at later.  One is titled "Donnell" and the other is "maintenance."

While all of these don't have much new information contained within them, they do serve to confirm four important points which Team Walker and the Republicans have been denying all along.

The first point is that Walker was much more concerned about the political ramifications from this incident than he was in the well-being of the families, public safety and that he doesn't feel the slightest remorse for his responsibility for the incident.  His sole focus was that it not allow to hurt his campaign.  If that doesn't show Walker truly is a megalomaniacal sociopath, I don't know what would.

Secondly, the emails show that there was not a permeable line between his campaign staff and his county staff.  There was no line at all.  We now see that Walker and county staffers Tim Russell, Cindy Archer, Tom Nardelli, Kelly Rindfleisch and Fran McLaughlin were working as hard on the campaign as hard as the campaign staff.  Maybe even harder.

Thirdly, in the "Donnell" and the "maintenance" emails, we see that everything had to be run past Walker for his approval.  These emails show that Walker was fully aware of and approving of everything from the secret router to the illegal politicking.  Nothing happened without his approval.  There were no over-zealous staffers.  There was no rogue workers acting on their own.  It was all Walker all the time, and he didn't give a damn about the laws he was breaking.  Indeed, there is more.  There is always more.

Fourthly, the emails remove any reasonable doubt that Walker is/was John Doe.

There is still one lingering questions that hasn't been exorcised by these emails.  If anything, the emails actually gave more substance to the question.

Just why did Milwaukee County District Attorney John Chisholm suddenly drop the investigation and court proceedings against Walker and his crew?  It appears to my layman eyes that there is undeniable and overwhelming evidence that Walker and all of his crew was up to no good. Is it that the millions of dollars Walker collected for his legal cooperation fund was enough that his high profile high crime attorneys would be able to muddy the waters enough?  I sure hate to think that Chisholm was somehow compromised.

Maybe it's time for an autopsy on John Doe to find out exactly why he died long before his time, leaving just his ghost to wander parking garages.

Hypocrisy, Thy Name Be Wigderson

James Wigderson - who is a blargher and a contributor to the propaganda sites MacIver Insitute and White Wisconsin - laments that the killer of a two year old child was sentenced to only six years in prison, which was a year more than prosecutors had recommended.

I cannot say that I could argue with him on that point.

But Wigderson jumped in the deep end of the hypocrisy pool with his last line:

The lives of children are cheap in Milwaukee County.

That is pretty ballsy talk from a man who actively participated in the political cover up of the death of fifteen year old Jared Kellner.  Kellner was killed when a facade fell off of the O'Donnell Park parking garage and fell on top of him.  

If I recall correctly, not only was Walker not charged - much less receive any jail time - he was elected governor.

I wonder how Wigderson feels about his help in cheapening Jared's life.

Christmas Caption

From Facebook and our friend Keith Gilkes: 

You know the good friend of Scott Walkers, who was advising anyone and everyone to destroy any evidence that would make Scott Walker look bad after the O'Donnell Park Accident. 

Remember that when Gilkes was Walker's Chief of Staff, he had lobbyists contacting him via his consultancy group's email address instead of through official channels. It would seem that there were trying to circumvent the open records laws in order to put the strong arm on people and companies wanting things from the Governor, such as Gogebic Taconite.

Gilkes also went on with the claim that the large amount of contact between the campaign and the county staff was just routine type of stuff.

For some reason, I don't see the advocacy of destruction of legal documents as being routine:

Gilkes, in an email written the day of the accident, advised Walker's county staff to "make sure there is not a piece of paper anywhere that details any problem at all." News organizations and lawyers representing victims and others filed numerous open record requests after the O'Donnell Park accident for inspection reports and other documents on its construction.

Then again, maybe destruction of documents is normal...for Republicans. I wonder how much they spend on paper shredders each year.

It should be noted that Gilkes was recently engaged, so that might give him some incentive to stay out of prison.

The same  Keith Gilkes who recently walked out of a press conference so he did not have to incriminate himself!    


Sorry Keith you have not been very good this, and Santa has been watching!   

Now that we know who our friend Keith Gilkes is - Caption Away!

Peace, Love and Joy to all - unless you have documents that make Scott Walker look bad then destroy them!   

Disgraceful Reporting Dishonors Victims Of The O'Donnell Park Tragedy

On June 24, 2010, tragedy struck Milwaukee County.

As people were streaming in to enjoy the first days of Summerfest, a 27,000 concrete facade fell off the O'Donnell Park parking garage and struck three people, killing fifteen year old Jared Kellner and injuring two others.

Kellner's parents have since filed a lawsuit which has been working its slow way through the courts. Recently, expert witness reports have been filed with the court. The reporting on this by Steve Schultze of the Milwaukee Journal Sentinel is absolutely disgraceful in its inaccuracy (emphasis ours):

Milwaukee County has long blamed faulty installation for the 13-ton concrete panel falling from O'Donnell Park two years ago, killing a 15-year-old Greenfield boy.

Implicit in that view was that the county had no blame in the tragedy, in which two others were injured.

New theories advanced in the accident shift the focus back on the county, alleging that improper maintenance may have played a role or that snow removal equipment bumped and loosened the panel that dropped from the O'Donnell ramp facade over the Lincoln Memorial Drive exit, according to expert witness reports filed in a lawsuit that is a year away from trial.

[...]

Advance raises a series of possible contributing factors to the panel collapse, including water infiltration weakening the connections, pressure on the panel connection caused by problems in the ramp construction and impact damage. Snow removal equipment and heavy trucks likely damaged the panel and it may have been slammed from inside the ramp by vehicles parked near the panel that fell, according to a Thornton Thomasetti report.

There is absolutely not one thing new about the concern regarding deferred maintenance and its role in the O'Donnell Park tragedy.

As Milwaukee County Executive, Scott Walker was infamous for his preference of kicking the can down the road by deferring maintenance and delaying repairs on many county buildings, especially those in the parks. In an audit done just six months before the tragedy, the county auditors presented a report listing almost $300,000 in deferred maintenance and delayed repairs just to the parks buildings.

Nor was it the first time that a county building fell apart from the poor care they received under Walker's watch. A piece of cornice fell off of the Milwaukee County Courthouse fell off just months before the tragedy.

Immediately after the tragedy, then Milwaukee Board Chairman Lee Holloway issued a statement of sympathy and ordered that the rest of the county buildings immediately undergo inspection.

Not only did Walker show deplorable behavior by condemning the statement, but his own actions showed exactly where his priorities were, and they weren't with the victims:

What makes Walker’s accusations even more egregious is that the first thing Walker did was to check in at the courthouse to see if there was any deferred maintenance. At the press conference that occurred shortly after the tragedy, after appropriately expressing his sympathy for the victims, Walker felt it necessary to keep repeating that there was no deferred maintenance that he was aware of. It was as if his first concern was that he didn’t get blamed for this catastrophe.

If one wanted further proof that deferred maintenance is not a new theory by any stretch of the imagination, one would not have to go further than the same paper. On July 6, the paper had a report that included this snippet (emphasis ours):

Though the connections are drawing the interest of investigators, including the sheriff’s department and district attorney’s office, it’s not yet clear whether a change in design would explain why the panel dislodged and fell.

Engineering experts caution that there is rarely one villain in such accidents, and unlikely suspects can play a surprising role.

“Usually the small details cause big problems,” said Al Ghorbanpoor, chairman of the University of Wisconsin-Milwaukee’s civil engineering department.

Also to be explored is whether the county took steps over the years to block moisture from getting into the joints connecting the panels to the walls. Moisture could have corroded the connections, said Ghorbanpoor, who has investigated building failures.

And then on the very next day, they had another article which had this in it (again, emphasis ours):

Experts agree that the top of the slab, where the panel was connected to the parking garage wall, is the key weight-bearing point. They also say that hanging such panels – which are purely a decorative feature – is a straightforward job that doesn’t require sophisticated engineering.

“There could be 10 different ways of doing this,” said Al Ghorbanpoor, chairman of the University of Wisconsin-Milwaukee’s civil engineering department. Investigators will want to check the design, the quality of construction and maintenance of the panel, he said.
Indeed, a review of the maintenance records from the 2009 audit shows that a lot of work needed to be done on the parking structure.

Walker and his apologists claimed that the repairs had been made in the six months between the audit and the tragedy.

However, an independent study of the building by Inspec revealed otherwise. It was so bad that engineer Dwight Benoy said that the parking garage was "one of the worst ones" of the hundreds of buildings he's ever seen. Their 66-page report verifies that the building was in horrendous condition with many needed repairs as a result of obviously very poor maintenance.

Perhaps the most egregious part of the whole story is why the maintenance was deferred and the repairs went undone.

In a article appearing in the BizTimes, Milwaukee County Supervisor John Weishan exposed the fact that in Walker's eight years as county executive, he raided the the capital fund, diverting $112 million in sales tax revenue, which was earmarked for maintenance and repairs and used it to fill gaps in his operating budgets.

Whether the recent article in the Milwaukee Journal Sentinel is the result of sloppy reporting or part of the paper's ongoing history of under-reporting Walker's responsibility for many of the problems that Milwaukee County has and is still experiencing as a result of his poor leadership skills, it is utterly disgraceful and downright shameful for the way it dishonors the victims of this horrid tragedy.

It also is a gross disservice to the people who rely on them for factual and honest reporting.  They have the solemn responsibility to do better than that.

Cross posted at Milwaukee County First.

A Museum At O'Donnell Park?

No. It's neither the right time nor the right place for that.

Judas Plale Gets His Thirty Pieces of Silver

14Then one of the twelve, called Judas Iscariot, went unto the chief priests, 15And said unto them, What will ye give me, and I will deliver him unto you? And they covenanted with him for thirty pieces of silver. 16And from that time he sought opportunity to betray him.

-Matthew 26:14-16

Last fall, Jeff Plale, former state senator, was soundly defeated in the primary by Chris Larson, who went on to win the office in the general election. Plale, who is more of a Republican than a true Democrat, lost because he failed to fight for the causes important to his constituents, such as passing the sales tax which would have saved Milwaukee County's transit and parks systems from further decline and had been approved by county voters in a referendum.

In return, Plale turned around and betrayed Wisconsin's working families and Wisconsin tax payers by joining Russ Decker in voting against the Tentative Agreements that the state had reached with the unions.

The news coming out of Madison today is that Scott Walker has rewarded Plale for his betrayal of the Wisconsin people by appointing him to a state position. From WisPolitics:

"Plale, who lost his seat in the September Dem primary, will serve as administrator of the Division of State Facilities, according to an e-mail sent to DOA staff this morning. The notice touted Plale's work on the State Building Commission."

This is actually even more outrageous than it would seem on the surface, as if the obvious corruption and back door dealings weren't bad enough.

Not only has Walker rewarded Plale for playing along with his grandstanding regarding the unions, but Plale's appointment serves another purpose for Walker.

With Plale as the administrator of the Division of State Facilities, it all but guarantees that there never will be an independent investigation into the cause of the tragedy at O'Donnell Park, in which 15 year old Jared Kellner was killed when a 27,000 pound slab of concrete fell on him.

This maneuver fits in snugly with the proposal Walker is having pushed through the state legislature, which would eliminate many protections and rights for the citizenry against the misdoings of businesses and/or incompetent, corrupt politicians.

Between Plale being able to block any attempts for an independent investigation, and the "tort reform" bill sapping the rights of Jared's parents, any responsibility Walker and his habit of deferred maintenance might have had in the O'Donnell tragedy will probably never be known.

A Mother's Anguish

Yesterday, I told you of the inexcusable bill that Scott Walker wants enacted first. Said piece of trash bill is to severely limit the liability that someone might face for causing injury or even death to an innocent person.

Among the many people who came to Madison to testify against this horrendous display of greed and contempt for the people of Wisconsin, was Dawn Kellner, the mother of Jared Kellner, who was killed on June 24, 2010, when a 27,000 pound concrete facade fell off of O"Donnell Park.

Here is her prepared statement regarding the bill:

Good afternoon. My name is Dawn Kellner.

When I said goodbye to my son on June 24, 2010, I had no idea it would be the last time I spoke to him. I didn’t know I would never hear his voice or get a hug from him again. I didn’t know that we would never spend another Christmas together.

My fifteen year old son, Jared, died on June 24, 2010, while walking to Summerfest in Milwaukee. He was crushed by a 13 ½ ton piece of concrete that fell from the O’Donnell Park parking structure. We know that this concrete slab was a ticking time bomb. The contractors cut corners and did not follow the original plans. Governor Walker, then Milwaukee County Executive, called this installation “inexcusable.” This is what happens when profits are put over safety and my son paid the ultimate price. No criminal prosecution has resulted from my son’s senseless death. I had to hire my own lawyers to go after those responsible for my son’s death.

I have to ask a jury to make sure that those responsible are held accountable and punished.

After my son died, Governor Walker told the media that he wanted to reach out to me to join in any potential lawsuit. So why is it that his very first proposal as Governor is to protect people like those who killed my son? Nobody wants to put hard-working businesses out of business, but this bill protects bad businesses like those that killed my son. Why? Why does Governor Walker want to protect the worst of the worst? Punitive damages keep bad businesses in check. They stop businesses from cutting corners and putting people’s lives in jeopardy. But this bill removes that check. It encourages cutting corners, puts profits over public safety, and endangers everyone.

My motivation for being here today is not just to remember Jared’s senseless death. I want all of you to think of your family and the families you represent around this State and I want you to think about what this past Christmas would have been like without them. That is my life now. Heaven forbid that one of your family members should die because of “inexcusable” acts like Jared did. And heaven forbid that you would be prevented from holding accountable those that intentionally disregard your rights. Jared’s motto was to “Live Life.” His right to “Live Life” was

taken away from him that day and no one else should lose that right.

This bill is a slap in the face to my son and the family of the next Jared Kellner and a slap on the back to bad businesses that cut corners and put profits over safety. As a tribute to Jared, I ask Governor Walker and this panel to not pass these laws.

Also, via Wisconsin Eye, is the video of the testimony. It is very hard for someone to watch it and not feel strong emotions about how her family would be re-victimized if this bill would be passed. Ms. Kellner's testimony starts at the 7 hour 19 minute mark. (Yes, you can forward to that point without listening to it all. Although the other parts were also very moving.)

Free Shuttle For Lakefront Attractions? No

At Milwaukee County First, we discuss whether Milwaukee County should honor a request from the heads of the Milwaukee Art Museum, the Betty Brinn Museum and Discovery World for a free trolley during the winter, while O'Donnell Park is closed for safety reasons.

Our answer is no, and we offer a variety of reasons.

What was not included was the solution that would offer the greatest amount of poetic justice: Having Scott Walker pay for the shuttle out of his own salary.

After all, he hasn't really earned it for years and it was due to his negligence and poor leadership that led to the tragedy that closed the parking structure in the first place.

Will Scott Walker Listen Now?

Dawn Kellner, the mother of the boy killed in the tragic incident at O'Donnell Park in June, has supported the call for an independent investigation into the cause of this horrible event.

Instead of honoring the wishes of the victim's family, Walker again tries to obfuscate the matter by directing the attention away from himself and his despicable record of refusing to allow even the most basic maintenance to be performed.

He is not only shaming himself with his blatant political gaming, he is bringing shame to all of us in Milwaukee County.

Walker Flip Flops On O'Donnell Park. Again.

Scott Walker was for selling it before he was for saving it before he didn't care before he wanted to sell it again.

Details at Milwaukee County First.

A Call For An Independent Investigation Into The O'Donnell Park Tragedy

Milwaukee County First, a grassroots group dedicated to preserving and restoring Milwaukee County, and a group of which I am very fortunate to be the Chair, has sent a letter to the State of Wisconsin, requesting that they perform an independent investigation into the O'Donnell Park tragedy.

Hot Rod A-Rod Throws A Rod

Ah yes, what would life be like without Aaron Rodriguez, self-purported journalist and blogger at The Hispanic Conservative, giving me easy posts to write on a busy night?

Anyway, my friend, Anna Landmark, writing at One Wisconsin Now, notes how suspicious it is that Walker was announcing the cause of the tragic incident at O'Donnell Park lat month:

Even though the investigation into why the concrete slab fell from the O'Donnell garage, killing a teenager, isn't complete, and lawsuits may be pending, Scott Walker has declared what happened and who is to blame: the slab wasn't hung properly.

As far as I know Walker doesn't have an engineering degree (nor even any degree at all), he isn't leading the investigation, and he has a very good reason for sloughing any responsibility for this off of his shoulders as quickly as possible.

To declare in advance of the completion of the investigation screams of political posturing and a total and callous disregard of the severity of the situation.

Some commenter from Germantown took umbrage at Anna pointing out the fact that Walker is a Marquette drop out. The commenter goes on to say that despite the fact that Walker is over a year from graduation, Marquette should just give him his degree. Apparently, Walker's followers feel that this "his time" for that as well. Of course, they feel that it is "his time" to be governor, even though he is not qualified to be either a college graduate or governor. Talk about an entitlement attitude...

This is where our friend Aaron goes and puts his foot in his mouth. As you read his comment, remember, the post is about the tragedy at O'Donnell Park:

Honorary degree? Wouldn't that be something.

I think Walker's "lack of a degree" provides a perfect narrative of how degrees are essentially useless certificates in today's world.

Here we have a guy who has done a good job with the county (national gold medal parks, strengthened the county's bond rating, record breaking international airport, and so on), thus showing that one doesn't need a degree to make a success of one's life.

Yeah. I would have thought that someone who purports themselves to be a professional journalist would have a little more sense, not to mention tact, than to brag about how wonderful the parks are in a story about a park structure that killed a boy and maimed a woman. I mean, it's bad enough that Walker was making this into a political story from day one, Aaron didn't need to further prove that Walker and his supporters are only interested in the gubernatorial race, and not the public welfare.

And it would be wrong of me not to mention the hundreds of millions of dollars in deferred maintenance in all of the parks.

To add to his shamelessness, Aaron then brings up a couple of other of Walker's talking points which have already been proven to be falsehoods.

One of these falsehoods is the "strengthened bond rating." While that is technically true, what Walker and his acolyte don't mention is that came at the expense of the capital funds, which Walker raided to give himself cover on the budgets. Of course, those capital funds were supposed to go to thinks like inspecting and maintaining the infrastructure, including O'Donnell Park. It also doesn't mention that mammoth structural deficit that Walker has built up.

A-rod also throws a rod when he mentions the "record breaking airport." It is only doing as well as it is due to the millions of dollars of stimulus dollars thrown into it. But even with all of this money, Walker tried his darnedest to screw that up by laying off airport maintenance workers, even though he didn't save tax payers one red cent by doing so. Of course, Walker's political grandstanding of laying off those workers helped create a situation where another young man was injured by a part of the airport falling on his head.

Mmm. A guy who purports himself to be a journalist, but cannot even handle simple honesty or tact. I wonder if he knows Patrick McIlheran.

A Reminder: March For Truth and Justice on Wednesday

From the weekend:

From Milwaukee County First:

Like I have been repeatedly pointing out, there are many questions about the investigation of the tragedy which occurred at O’Donnell Park last month. Scott Walker has been trying to control the information getting out, once again putting his political aspirations above the public good.

Some of the concerns of the Supervisors and pro-Milwaukee citizens are outlined in a joint press release issued by Supervisors Weishan and Dimitirijevic:

“The lack of information available to us, as County Supervisors, about the O’Donnell Park parking garage tragedy and the other building inspections being performed is simply astonishing. We’re not alone. A number of our colleagues have not yet learned how this contract was awarded or the scope of the work being performed. As policymakers providing legislative oversight, we need this information. We are requesting that a complete and detailed report be presented to the Board. So far, the news media has received more information than we have as elected officials.

“We are also concerned that Graef-USA Inc, a firm that has contributed to County Executive Scott Walker’s gubernatorial campaign, was awarded a no bid contract. Even though a lot of the work is being subcontracted, the fact remains that County dollars are being funneled through Graef, which was one of the contractors involved in building the O’Donnell Parking garage in the first place. How can we expect them to provide unbiased reports in light of that fact?

Not only did Walker give another no bid contract to another campaign donor, but what makes it even odder is just the week before, Walker stated that Holloway’s calling for the safety inspection was “irresponsible.“

Walker’s office has a long history of stalling on open records request, even with the media. Many of the articles in the Milwaukee Journal Sentinel regarding O’Donnell Park have a paragraph indicating that they were still waiting for requested documents regarding inspections and repair schedules.

He has also been known to order his department heads to not cooperate with the County Board. But for something this serious, not only is he acting recklessly and irresponsibly, but it also makes it seem even more suspicious that things were not done in the proper fashion.

People are getting fed up with his misdirections and irresponsible actions.

Many concerned citizens as well as members of AFSCME and SEIU will be joining Supervisors John Weishan, Chris Larson and Marina Dimitirijevic for a protest march and press conference on Wednesday, July 21st.

The march will start at 4 pm on Wednesday, at SEIU Local 1, located at 250 E. Wisconsin Avenue, and proceed to O’Donnell Park, next to the orange “sunburst” statue.

Milwaukee County First will proudly join them in a call for openness and honesty from the County Executive’s office. It is well beyond time for Walker to start acting like the leader he brags that he is and come clean. These things have gone on for too long and need to stop before another avoidable tragedy occurs.

O'Donnell Park Press Conference and Rally This Wednesday

From Milwaukee County First:

Like I have been repeatedly pointing out, there are many questions about the investigation of the tragedy which occurred at O’Donnell Park last month. Scott Walker has been trying to control the information getting out, once again putting his political aspirations above the public good.

Some of the concerns of the Supervisors and pro-Milwaukee citizens are outlined in a joint press release issued by Supervisors Weishan and Dimitirijevic:

“The lack of information available to us, as County Supervisors, about the O’Donnell Park parking garage tragedy and the other building inspections being performed is simply astonishing. We’re not alone. A number of our colleagues have not yet learned how this contract was awarded or the scope of the work being performed. As policymakers providing legislative oversight, we need this information. We are requesting that a complete and detailed report be presented to the Board. So far, the news media has received more information than we have as elected officials.

“We are also concerned that Graef-USA Inc, a firm that has contributed to County Executive Scott Walker’s gubernatorial campaign, was awarded a no bid contract. Even though a lot of the work is being subcontracted, the fact remains that County dollars are being funneled through Graef, which was one of the contractors involved in building the O’Donnell Parking garage in the first place. How can we expect them to provide unbiased reports in light of that fact?

Not only did Walker give another no bid contract to another campaign donor, but what makes it even odder is just the week before, Walker stated that Holloway’s calling for the safety inspection was “irresponsible.“

Walker’s office has a long history of stalling on open records request, even with the media. Many of the articles in the Milwaukee Journal Sentinel regarding O’Donnell Park have a paragraph indicating that they were still waiting for requested documents regarding inspections and repair schedules.

He has also been known to order his department heads to not cooperate with the County Board. But for something this serious, not only is he acting recklessly and irresponsibly, but it also makes it seem even more suspicious that things were not done in the proper fashion.

People are getting fed up with his misdirections and irresponsible actions.

Many concerned citizens as well as members of AFSCME and SEIU will be joining Supervisors John Weishan, Chris Larson and Marina Dimitirijevic for a protest march and press conference on Wednesday, July 21st.

The march will start at 4 pm on Wednesday, at SEIU Local 1, located at 250 E. Wisconsin Avenue, and proceed to O’Donnell Park, next to the orange “sunburst” statue.

Milwaukee County First will proudly join them in a call for openness and honesty from the County Executive’s office. It is well beyond time for Walker to start acting like the leader he brags that he is and come clean. These things have gone on for too long and need to stop before another avoidable tragedy occurs.

The O'Donnell Park Investigation

As the investigation into the tragic incident at O'Donnell Park proceeds, more questions are being raised than are being answered.

We look at some of those issues at Milwaukee County First.

Public Safety vs. Political Spin

As most people are aware, last week a tragic event took place when part of the facade on the O'Donnell Park parking structure fell, killing a fifteen year old boy and injuring two others.

At Milwaukee County First, I discuss the difference in the ways that Milwaukee County Board Chairman Lee Holloway and Milwaukee County Executive Scott Walker handled the issue at the very sensitive first few hours.

Sadly, while Holloway was concerned with public safety, Walker made it appear that he was more concerned with how this would impact his gubernatorial campaign, and went into immediate damage control spin mode:

What makes Walker’s accusations even more egregious is that the first thing Walker did was to check in at the courthouse to see if there was any deferred maintenance. At the press conference that occurred shortly after the tragedy, after appropriately expressing his sympathy for the victims, Walker felt it necessary to keep repeating that there was no deferred maintenance that he was aware of. It was as if his first concern was that he didn’t get blamed for this catastrophe.

Regardless of whether this tragedy was caused by poor design, faulty construction, deferred maintenance or something else, the only responsible action would be to inspect all of the county-owned buildings and structures, especially given their history, before anyone else is injured.

For Walker to argue for anything else would make one wonder if he is really concerned about the public safety or if he is just worried about how this might effect his gubernatorial campaign.

Walker's Republican opponent for the Republican nomination (yes, Walker backers, there still is a primary), Mark Neumann did not do himself any favors with the press release he issued:

“First and foremost, our thoughts and prayers are with the families of the victims.

“Government’s legitimate functions include providing safe infrastructure for its citizens. This concern must be paramount.

“It is clear that along with this latest tragedy, the county courthouse, the Zoo Interchange, and the Hoan Bridge, a number of structures in Milwaukee County are in various stages of disrepair. A full investigation and safety review is absolutely warranted, particularly for structures and facilities that have already been flagged for critical problems.

“This is heartbreaking. Sue and I are deeply sorry to hear of this terrible loss and the families are in our prayers.”

First of all, Neumann could have easily waited until this week before issuing the release. If he wanted to issue a release right away, it would have been much more appropriate to simply express his condolences. To add the jabs at Walker and Tom Barrett was needless and rather boorish at the time of the release.

On the Democratic side, Tom Barrett did it the way a political candidate with any level of statesmanship would. His press release was short and simple and had none of the political superfluity of his Republican opponents:

I extend my sincere sympathy to the family of the victim and to the individuals injured in this very tragic accident. The Milwaukee Fire Department and the Milwaukee Police Department have performed admirably at the scene. We also have City engineers at the scene. I’ve directed all City departments to provide Milwaukee County with any assistance necessary.

To further show his class, when he appeared on WTMJ 620-AM radio Friday morning, he repeatedly, and firmly, stated that he would not comment on the incident except that the City of Milwaukee was prepared and willing to offer any assistance needed as the investigation into the tragedy progresses.

It's been said that a person can be judged by how he or she acts in time of distress or crisis. If so, the behaviors of these four elected officials in the hours after this critical incident certainly speak for themselves.