Downing, Karley - GOV From: Murray, Ryan M - GOV Sent: Monday, March 12, 2012 3:58 PM To: Hayes, Brian - DOA ce: Huebsch, Mike - DOA Subject: RE: Letter from Milwaukee Schoo! Officials and MTEA Thanks, Brian, Ryan Murray | Office of the Governor Deputy Chief of Stoff (0) 608-266-1212 | (e) ran.mmurray@wisconsin.gov ‘Sent: Monday, March 12, 2012 3:37 PM To: Murray, Ryan M - GOV. Ce: Huebsch, Mike - DOA Subject: RE: Letter from Milwaukee School Officials and MTEA Aside from making this a 30 day window, the amendment language parallels the Act 32 and Act 65 language. It does not allow contracts to be extended. Itis non-stat language and can only continue into the next collective bargaining agreement ifit is a permitted subject of bargaining (the base wage formulation). Pension and health care benefit contributions and not permitted subjects of bargaining, as you know. ‘This applies to all municipalities but it seems that only a few school districts — Janesville, Madison, Mitwaukee and Wisconsin Heights come to mind ~ can use it. The question remains how many districts (or municipalities) will use the 30 days other than MPS. | infer that MPS needs the 30 days from the letter. Obviously, there is a germaneness issue that | assume the houses will address, Anytime an amendment changes the relating clause, as it does here, this will be an issue. From: Murray, Ryan M - GOV Sent: Monday, March 12, 2012 11:45 AM To: Hayes, Brian - DOA Cc: Huebsch, Mike - DOA; Schoenherr, Chris - DOA ‘Subject: FW: Letter from Milwaukee School Officials and MTEA Brian- Can you work with OSER or DOA legal counsel (whoever is appropriate}, to ensure that the attached amendment is consistent with the intent that it not allow contracts to be extended? Need this ASAP, as it will Ikely be on the floor as early as tomorrow. If changes need to be made, we have to get them in quickly Thanks, ryan Murray | Office of the Governor 103Deputy Chief of Staff 0} 608-266-1212 | (e) ryan.murray@wisconsin.gov From: Brickman, Michael - DOA Sent: Monday, March 12, 2012 11:38 AM To: Murray, Ryan M - GOV; Liedl, Kimberly ~ GOV; Polzin, Cindy M - GOV ‘Subject: FW: Letter from Milwaukee School Officials and MTEA ML, Here is the letter from MPS & MTEA, the legislative language, and the leg council summary. The plan is to add this as an ‘amendment to $B-315/AB-415, which is a technical fix to Act 105, The window would be for 30 days and would apply to all school districts and municipalities that have not yet used the Act 10 flexibilities. Michael -Original Message From: Archibald, Sarah [mailto:Sarah.Archibald @legis.wisconsin.gov Sent: Monday, March 12, 2012 11:19 AM To: Brickman, Michael - DOA Subject: FW: Letter from Milwaukee School Officials and MTEA Sarah, If Milwaukee Public Schools (MPS) has a collective bargaining agreement that was entered into before February 14, 2011, then the amendment allows MPS to enter into a memorandum of understanding (MOU) that satisfies the criteria in the amendment. | would note that the amendment has a 30-day timeframe, rather than the 90-day timeframe in Acts 32 and 65 and that the amendment applies to municipal employers (and not just schoo! districts). "Municipal employer" is defined as any city, county, village, town, metropolitan sewerage district, schoo! district, long- term care district, transit authority under s. 59.58 (7) or 66.1039, local cultural arts district created under subch. V of ch, 229, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state, that engages the services of an employee and includes any person acting on behalf of a municipal employer within the scope of the person's authority, express or implied. [s. 111.70 (4) GQ), Stats.] In addition, in the list of sections in Acts 10 and 32 that are not triggered by a MOU under the amendment, it seems that section 9315 (2q) of Act 32 should be added to the list. Section 9315 (2q) relates to the initial applicability of the Wisconsin Retirement System employee contributions (similar to section 9315 (2) of Act 40). Section 9315 (2q) of Act 32 was not listed in Act 65, so adding it to this amendment would make the list different than what's in Act 65. You might want to ask the drafter about this issue - there may be a reason that | am not aware of for not including section 9315 (2q). Lastly, | would note that this amendment is a Senate amendment to Senate Bill 315. SB 315 already passed the Senate and is awaiting action in the Assembly. If you plan on amending SB 315, it might be better to draft the amendment as an Assembly amendment and have the Assembly vote on concurrence, as amended, which would send SB 315 back to the Senate for a vote. 104If you have any additional questions, | am in the office until 1:30pm today. Otherwise, I!llbe here on Monday. Jessica Jessica Karls-Ruplinger Senior Staff Attorney Wisconsin Legislative Council (608) 266-2230 Jessica.Karls@legis.wisconsin.gov 105