Showdown in Madison

A chaotic month-long stand- off over a collective bargaining bill may have changed politics for good.

By Steven Walters

he four-week firestorm in and around Wisconsin’s Capitol earlier this year will reshape the state’s politics for years to come. T The debate over first-term Republican Governor Scott Walker’s call to stop just short of eliminating collective bargaining for most public employees divided Wisconsin, prompted a walkout by all 14 Senate Democrats and PHOTO BY ELOISA CALLENDER sparked recall-election showdowns that will all eyes on the badger state measure the political clout of unions. The whole world watched. Reporters from “We had just enough From mid-February through mid-March, Germany, France, Italy, Canada and Mexico members to be able to deny the Capitol in Madison was swarmed by tens of joined American news crews. thousands of chanting, singing, shouting, sign- By March 10, the drama was at a climax. a fiscal quorum.” carrying protesters. Some of them slept in the That day, two Assembly members—Repre- —Mark Miller, Capitol for days, turning a first-floor hallway sentatives Richard Spanbauer, a Republican, Wisconsin Senate minority leader into a food pantry. Handmade signs were taped and David Cullen, a Democrat—had to crawl to miles of marble. through a first-floor Capitol window just to go More than 500 police officers, on loan from to work. quickly taken up, passed and sent to the Assem- the largest and smallest communities, worked Spanbauer and Cullen climbed into a Demo- bly the historic change in collective bargaining 18-hour shifts. Lawmakers included a $10 mil- cratic senator’s office because police had ordered laws that Walker had announced he wanted lion line item in the fiscal year 2012 budget for a lockdown of the Capitol—“nobody in, nobody one month earlier. All the Senate Democrats Capitol security. When one lawmaker refused to out”—while they dealt with dozens of protesters were still holding out in Illinois in an attempt identify himself and go through a metal detec- who had camped overnight in the vestibule out- to kill the bill. tor, an officer pushed him to the ground. State side the Assembly chamber. The demonstrators The original plan called for Senate Republi- troopers were sent to the homes of Democratic were finally dragged or escorted from the area. cans to pass the governor’s collective-bargain- senators, trying to catch any who returned from They were the remnant of thousands who ing bill on Feb. 17, less than a week after he their self-imposed exile in Illinois. took over the first three floors of the Capitol the unveiled it. But when all 14 Democrats bolted About 90 threats against lawmakers and the night of March 9, forcing police to retreat and to Illinois that day, the Assembly had to go first. governor were serious enough to investigate. protect the Capitol’s two top floors. After a record 62 hours of debate, with Alerted by social media—“OMG. Meet me thousands of protesters massing in the Capitol Steven Walters, former Capitol bureau chief for the Journal Sentinel, is a senior producer for @ the Capitol in 20 minutes!!!”—protesters rotunda daily, the Assembly passed it, 51-17, on WisconsinEye. were incensed that Republican senators had Feb. 25. The 1:05 a.m. roll call caught so many

20 state legislatures JULY/August 2011 exhausted, sleepwalking lawmakers by surprise violated the state’s open meeting law, a divided exempted local firefighters and police officers that 28 of them never got a chance to even vote, Wisconsin Supreme Court ruled on June 14 that and State Patrol troopers from the changes. since the electronic voting machine was kept the bill had been legally passed—a ruling that The law also requires workers to vote annu- open for only 17 seconds. Republicans left the meant the Legislature didn’t have to pass it a ally to recertify public employee unions, makes chamber in a single-file line, as Democrats second time. payment of union dues optional, and requires shouted “shame” and other insults. all public employees to contribute more toward The waiting game in the Senate then started: CHAOS AND HISTORY their pensions and health care. Unions had When would the 14 Senate Democrats return On Feb. 11, when Walker announced details agreed to the higher fringe-benefit contribu- for a showdown vote they knew they would of his “budget-repair bill,” neither he nor any tions—which will cost state workers about $300 lose? Walker aides talked about possible com- of the four partisan leaders of the Capitol knew million over the next two years—but refused promises at a Kenosha McDonald’s and other how much history it would make, or how much to accept the other changes, saying they end places in both states. chaos it would cause. of workers’ protections. No deal could be struck, however. So, on Walker wanted to reverse decades of Wiscon- The new law could cripple public employee March 9, Senate Republicans stripped Walker’s sin labor laws, laws the governor and the top two unions financially. In one year, $11.2 million bill of all non-spending issues, which eliminated Republican leaders—Senate Majority Leader in union dues was withheld from the paychecks the requirement that 20 senators had to be pres- Scott Fitzgerald and his younger brother, Assem- of executive-branch employees of state gov- ent to vote on it, and quickly passed it, 17-1. bly Speaker Jeff Fitzgerald—said had given pub- ernment and $2.6 million in union dues were That set up the Assembly’s second vote for lic workers generous salaries and fringe benefits withheld from the paychecks of University of the collective bargaining changes—a 53-42 vote that cost taxpayers billions of dollars. Wisconsin-Madison workers. for it on March 10. Walker signed it in private Under the new law, collective bargaining by The governor defended his changes this way: the next morning, then held a ceremonial sign- public employees is limited to cost-of-living Local governments need these new “tools” to ing hours later in front of about 100 reporters. raises tied to inflation. To minimize the politi- offset cuts he was proposing in state aid for Although a Dane County judge blocked the cal push-back and avoid any illegal strikes that schools, local governments, and public col- bill from becoming law on the grounds that it could cripple emergency services, the governor leges and universities. Walker said the cuts

JULY/August 2011 state legislatures 21 Constitution requires a three- fifths quorum in both houses of the Legislature to pass spending bills, what’s that requirement in the 33-member Senate—19 or 20? The answer: At least 20 senators must be present to Senate Minority pass a spending bill. That Leader meant every Republican and Mark Miller at least one Democrat. Wisconsin Miller bristled at the GOP push to “railroad through” Walker’s changes only days after the governor introduced them. Miller remembered that Texas legislators had once fled that state to block passage of a bill, so he convinced the other 13 Democrats to pack up and meet in Rockford that afternoon. Democrats knew state troopers, who may have been able to escort them back to Madison if they were caught within the state’s borders, had no jurisdiction in other states. “We had just enough members to be able to deny a fiscal quorum,” Miller says. That way, they could lengthen the time “the bill was exposed to public scrutiny.” Miller says Democrats made this “once in a generation” decision to flee because “everybody knew what was at stake: We were standing up for the long-established ability of workers to bargain collectively. ... This was an assault on all workers.” Walker’s goal is to destroy public-employee unions so they can’t help elect Democrats, Miller says. “It’s a political agenda.” The Democrats ended up staying in Illinois more than three weeks, moving often to avoid Tea Party activists who tracked them and fol- lowed them to interviews with TV crews. They © ADAUTO ARAUJO didn’t return to the Capitol until March 12— were needed to fix a two-year, $3.6-billion bud- A CIRCUS OF SORTS when they were cheered as heroes. get deficit—a deficit that he widened by push- Uniformed firefighters, led by a bagpiper, ing through the Legislature $81 million in tax marched through the Capitol in an emotional STANDOFF breaks for businesses in January. show of solidarity. Police unions joined in, too. Senate Majority Leader Fitzgerald was The governor’s plan to take away bargain- Soon, all major private-sector unions, their incredulous that all 14 Senate Democrats had ing powers public employees had for decades leaders and the Rev. Jesse Jackson were in Mad- fled Wisconsin. touched historical, emotional and political ison, turning the capital city into an international “I still wasn’t taking it seriously,” he says. nerves. In 1959, Wisconsin was the first state battleground in the fight over workers’ rights. “I thought it was a gimmick, a stunt. I thought to let public employees join unions. In addition, It forced legislative leaders to make career- they’d be back in a day or two.” Madison is the birthplace of the giant Ameri- changing choices. Two weeks later, however, another Sen- can Federation of State, County and Municipal Senate Minority Leader Mark Miller, for ate Republican said to him: “Fitz, I don’t think Employees. example, convinced all Senate Democrats— they’re coming back.” Walker and Republican legislators thought including the pregnant Julie Lassa—to flee to They weren’t. Democrats said that since they had picked a fight with only a few public Illinois. That left the 19 Republicans frustrated, neither Walker nor Senate Republicans would employee unions. but unable to take any major action. change the bill, despite the unions’ willingness They were wrong. The Democrats’ flight started with an inno- to pay more for health care and pensions, they cent call to the Senate chief clerk: Since the state had no reason to return. Democrats also had no

22 state legislatures JULY/August 2011 end-game strategy, which bothered two of their “I was nervous. I had the DEMOCRATS LEFT BEHIND veterans, Tim Cullen and Bob Jauch. With Senate Democrats in Illinois, Assembly Senate Republicans tried to force the Demo- votes. But I was afraid [the Minority Leader Peter Barca became the top crats back to the Capitol. They got no help from weekend] could sway it the Democrat in the Capitol. He had to keep his 38 rules or laws, Scott Fitzgerald recalls. “We were other way. It did the exact Democrats unified, fight to reopen public access winging it.” to the Capitol, hold press conferences and be in Republicans halted any direct deposit of opposite.” the center of daily—sometimes hourly—rallies. Democrats’ salaries, trying to force them back Assembly Democrats had to “lead the fight,” —Jeff Fitzgerald, to pick up their paychecks from Fitzgerald’s Wisconsin Assembly speaker Barca says. “It was a lot of pressure.” office. One Democratic senator signed a power- of-attorney form, which meant an aide could As the protests built and Democrats refused “We felt, from day one, that pick up his boss’s paycheck. to leave Illinois, it unified Republican senators passed resolutions hold- Senate Republicans, Fitzger- we were on the right side of ing the 14 Democrats in “contempt” and fining ald says. “They were ‘tighten- history.” them $100 a day. No fines were ever paid, how- ing’ us. … I don’t regret any ever. decisions we made.” —Peter Barca, Wisconsin Assembly minority Republicans also told any police officer who leader found a Senate Democrat in the state to escort the assembly WAS READY him or her back to the Capitol. House Speaker When the bill first came Barca had served in Congress during the “You can’t really remove somebody from Jeff Fitzgerald to the Assembly in February, national brouhaha over President Clinton’s office [for] refusing to do their job,” Scott Wisconsin Speaker Jeff Fitzgerald was attempt to rework the nation’s health-care sys- Fitzgerald says. ready. After all, 25 of the 57 tem. But the tumult in Wisconsin’s Capitol was Late in the afternoon of March 9, Republican Assembly Republicans were first-term conser- the most jarring, emotional and explosive thing he leaders had had enough. The Fitzgerald brothers vatives. They came to Madison to dismantle had ever experienced, he says. decided to strip spending elements from the bill, spending and programs built up during the “The magnitude of the eight-year term of former Democratic Governor [unions’] solidarity was Jim Doyle. extremely impressive,” Barca “I still wasn’t taking it The 99-member Assembly was prepared to says. “It was remarkable.” seriously. I thought it was a start debating Walker’s bill when police called Barca was surprised the gimmick, a stunt. I thought Speaker Fitzgerald. “We can no longer provide governor, who had served in security for your members,” the officers warned. the Assembly for eight years, Assembly they’d be back in a day or two.” Fitzgerald had no choice but to send Assem- pushed such a controversial Minority Leader Peter Barca —Scott Fitzgerald, bly members home for the weekend, not know- anti-union agenda only days Wisconsin Wisconsin Senate majority leader ing if angry voters back home would derail sup- after taking office. It awak- port for Walker’s bill. ened a “sleeping giant,” the Assembly Democrat “I was nervous. I had the votes,” Fitzgerald says. call a conference committee on the collective says. “But I was afraid [the weekend] could Barca and Miller predict the collective bar- bargaining changes that were left, and pass it sway it the other way. It did the exact opposite.” gaining firestorm will eventually lead to Demo- through the Senate in a five-minute session that He was even worried about how he would be crats regaining control of the Legislature. started shortly after 6 p.m. treated at his son’s Saturday basketball game, Control of the Senate could switch this The 17-1 vote sent the revised bill back to but was surprised at the number of neighbors summer if Democrats win three of nine recall the Assembly. Police had to escort Republican who encouraged him. elections that target six Republican senators. senators, besieged by chanting, shouting protest- When Assembly Republicans returned to the But three Democratic senators also face recall ers, from the Capitol. Capitol the next week, Fitzgerald says they were elections, although all nine targeted senators Within minutes, thousands of protesters more unified than ever. “That silent majority is have filed court appeals challenging the deci- stormed the Capitol. out there,” he says. sion to call recall elections. Union leaders have “There’s a real level of The first-term speaker said his fellow Repub- told their members to focus on winning enough intimidation” that senators licans sympathized with their leader. “The pro- of the recall elections to flip Senate control to felt when protesters blocked testers bonded me with my caucus. It was very Democrats. them from using their rewarding for me.” “We felt, from day one,” Barca says, “that we offices for three weeks, Scott That bonding led to the initial 51-17 vote in were on the right side of history.” Fitzgerald says. If lawmak- February following the marathon debate. When Senate Majority ers can’t “think freely, that the stripped down bill came back to the Assem- Leader changes the process,” he bly from the Senate, the debate on March 10 Learn more about steps other states have taken to Scott Fitzgerald adds. “That should never hap- lasted only a little over three hours and passed curb collective bargaining by public sector unions Wisconsin pen.” by a 53-42 vote. at www.ncsl.org/magazine.

JULY/August 2011 state legislatures 23 WISCONSIN’S RECALL FREE-FOR-ALL

By Steve Walters elected to do circulated recall petitions. TWO WHO GOT THE BOOT Wisconsin allows a only t took Wisconsin voters 148 years to recall a after an elected state official has been in office Until this year, there had been only four I state legislator, and only two have ever been for a year if a specific number of voters back attempts to recall Wisconsin legislators. tossed from office that way. home, a number tied to turnout in a statewide An effort to recall a senator in 1932 failed. Until this year. election, petition for the recall. The nine sena- Representative Jim Holperin survived a Nine of Wisconsin’s 33 state senators—six tors targeted for recall elections this year were 1990 vote on his ouster. Republicans and three Democrats—could face elected in 2008. In 1996, Republican Senator George recall elections this summer. Wisconsin’s Gov- Three Assembly members are challenging Petak was the first lawmaker in Wiscon- ernment Accountability Board, which oversees their state senators: Democratic Representative sin to be recalled. He had promised his elections, certified recall elections for all nine wants the job of Republican Sena- Racine County constituents that he would senators and set either July 12 or July 19 for tor . Democratic Representative vote against a local-option sales tax to help those votes. Jennifer Shilling is running against Republican pay for a new Milwaukee Brewers baseball When—or if—all nine recall elections will Senator Dan Kapanke. Democratic Representa- stadium. But, after a new stadium package be held will depend on several factors, includ- tive Fred Clark is challenging Republican Sena- failed twice, Petak switched his vote. ing lawsuits filed by the targeted senators. tor Luther Olsen. Petak’s vote may have kept the Brewers Also, Republicans Party officials lined up In another potential recall, Jessica King, in Wisconsin, but it cost him his Senate seat. members of their party to run as Democrats The second Wisconsin lawmaker to be in the recalls, forcing primary elections that recalled, Democratic Senator Gary George would delay final recall votes by one month. “Politics between of Milwaukee, was charged in 2003 in Control of the Senate could be at stake, elections have almost a kickback scheme. He was convicted, since Republicans started the year with only served time in prison, and is now practic- a 19-14 majority. always been inside the ing law again in Milwaukee. The six Republicans targeted for recall doors of the state Capitol, were a third of the yes votes for Republican rather than in voting Governor Scott Walker’s plan to prohibit fessor and cofounder of the website pollster. public employees—except for local firefight- booths.” com. ers, police officers and state troopers—from —Charles Franklin, Governing-by-recall is “truly new” in Wis- collectively bargaining for anything but pay University of Wisconsin consin, says Franklin, who predicted the trend raises tied to inflation. It also requires public will not last. employees to contribute more toward their “Politics between elections have almost pensions and health care. an English teacher on the National Education always been inside the doors of the state Capi- Despite the chants, songs, cheers and jeers Association’s board of directors, is running tol, rather than in voting booths,” Franklin of thousands protesting against the bill, and against Republican Senator Sheila Harsdorf. says of Wisconsin’s experience until this year. police escorts for Republican lawmakers, It’s also the second time one Democrat, “Parties have had two years to play their hand Walker’s plan passed the Republican-con- Senator Jim Holperin, has been targeted for before voters got to judge how well they had trolled Legislature. No Democrat voted for it, recall. In 1990, as a member of the Assem- done. This is no longer the case in Wisconsin, and all the Democratic senators had left the bly, he survived a recall election that resulted where we now see elections can be refought in state in an effort to stymie passage of the bill. from a dispute over tribal spearfishing rights just a few months.” A county judge temporarily blocked it from in northern Wisconsin. “That is a huge change. It is also likely becoming law, but on June 14 a split Supreme Wisconsin is one of 11 states that do not list to be temporary,” Franklin says, noting it’s Court ruled the bill was legally passed the first specific reasons state officials can be recalled. unlikely voters will remain as engaged in the time. The four-justice majority was led by Senators who face voters this summer were political process. Justice David Prosser, a former Republican targeted for their on-the-job votes or actions— After this summer’s elections, however, speaker of the Assembly. not misconduct or criminal acts. Eight states Wisconsin may not be done with recalls. Three Democratic senators who could be list specific grounds that justify recall. Walker’s opponents are building a state- recalled this summer joined 11 other Demo- Legislative leaders in Wisconsin have wide database of names and addresses, part crats and fled to Illinois on Feb. 17 to block talked about rewriting current law to prohibit of an effort to obtain the 540,208 signatures a Senate vote on Walker’s controversial recalls for on-the-job decisions, but they have needed to force a recall election early next changes. not yet drafted or advanced that change. year targeting the GOP governor. Even though all the Democratic senators If grounds for recall are narrowed, those returned to a hero’s welcome from protesters leaders will be accused of pushing an “incum- Read more about the rules for recalling at the Capitol on March 12, opponents who bent protection act,” says Charles Franklin, a lawmakers at www.ncsl.org/magazine. thought they had abandoned the job they were University of Wisconsin political science pro-

24 state legislatures JULY/August 2011 Capitol Workers: In Their Own Words

crats who fled to Illinois for three weeks to block a vote on the Republican governor’s bill to dramatically limit collective bargaining by most public workers She has worked in Wis- consin’s Capitol for 14 years. “Working across state lines with our boss was a challenge, but Jon is really plugged in to his phone 24/7 so we could do almost any- thing via phone, email, or text,” she says. “I sent Jon’s uncle his first text ever; he staffed Jon a lot in Chicago, which definitely helped.” Landrie appreciated the historic nature of what happened in Madison. “Emotionally, as a legislative staffer, the experience was like a rid- ing a roller coaster. Several weeks at work were just a blur of media calls, drums, singing, bag- pipes, chanting, lots of email, phones ringing, and many, many peanut butter sandwiches.” PHOTO BY ELOISA CALLENDER orkers in the Wisconsin Capitol had their On the morning before the final vote on the Seeing the emotions of those who protested W lives turned upside down by the protests collective bargaining bill, protestors had gotten at the Capitol also made an impression. “I think that started in February after Governor Scott into the Assembly ante-chamber. “State troop- most memorable were just the raw feelings of Walker introduced legislation eliminating the ers had to drag several out of the way for me to the people who came here to protest; they were collective bargaining rights of most public get into the door,” he says. “Once inside, a co- and still are afraid.” workers. worker and I had to endure hours of pounding on our glass windows. Anne Sappenfield “ ‘Peaceful’? I think not.” Anne Sappenfield is a veteran attorney for The protests in and around Wisconsin’s Cap- the Wisconsin Legislative Council, which pro- itol came during John Jagler’s first weeks on JESSICA ARP vides nonpartisan advice to lawmakers and the job as spokesman for Wisconsin Assembly Jessica Arp is the Capitol and political other Capitol leaders. Speaker Jeff Fitzgerald. As a broadcast reporter reporter for WISC-TV in Madison, the city’s “When the protests began, we were at the for years at WTMJ Radio in Milwaukee, Jagler top-rated news station. Arp, who grew up in beginning of session, which, for a full-time was no stranger to news and deadlines. But, rural Wisconsin and graduated from the Univer- legislature, is usually a time to get to know our even for a veteran journalist, the protests were sity of Wisconsin-Madison, had never covered chairs and new legislators and begin the work unique. an assignment as challenging, demanding and of the standing committees,” Sappenfield says. “ ‘I’ve never seen anything like this before.’ prolonged as the Capitol protests. “Instead, most normal work of the legislature That phrase was repeated to me over and over “Each day was a flurry of instant dead- was put on hold.” again during the budget-repair bill debate,” lines, surprising legislative actions and rapidly But Sappenfield says what most surprised Jagler says. changing information I had to get out to our her was that her office was asked questions that The calls from reporters and producers were viewers as quickly as possible,” she says. “On had never been raised before. “Wisconsin had ceaseless. “When I was able to catch an hour top of everything, massive crowds had gath- no recent experience with compelling atten- or two of sleep, I did so with my phone in my ered in the building, mostly friendly and peace- dance of members of the legislature. What is hand.” ful, but some confrontational on occasion. One permitted in compelling a member’s attendance He takes issue with the description of the woman even threatened to hit me as I tried to is a question we could not answer with cer- protests in the media as peaceful. “It was any- push through a blockade of people to enter the tainty,” she says. thing but peaceful. The noise in the Capitol was Senate.” “As an employee of a legislative service deafening. While Democrats wore orange shirts Arp says it turned her assignment from “what agency, I want to help legislators accomplish that showed support for the union protestors, we some might see as a mundane job of explaining their goals, so it feels like failure when I am not were targeted because we wore our suits and what goes on at the statehouse into an adren- able to give a definitive answer, especially to ties.” aline-rushed, all-out chase to get the story to questions that so directly affected the members Simply walking around the building was groups of people hungry for information.” and their day-to-day work.” difficult for staff. “It was nearly impossible for the speaker,” Jagler says. “State troopers had to JULIE LANDRIE Other Wisconsin workers talk about their escort him to meetings. We were often escorted Julie Landrie is the senior aide to Democratic experiences in the Capitol at www.ncsl.org/ to our vehicles by law enforcement.” Senator , one of the 14 Demo- magazine.

JULY/August 2011 state legislatures 25