citizens .for.

respon~ibi1ity
CREW I and ethics In washington

February 23 , 2011

Government Accountability Board

State of Wisconsin
212 E. Washington Ave. , 3d Floor
P.O. Box 7984
Madison, WI 53707-4232

VIA FAX: 608-267-0500

Dear Members of the Board:

Citizens for Responsibility and Ethics in Washington respectfully requests that the
Wisconsin Government Accountability Board immediately commence an investigation into
whether Governor Scott Walker violated Wisconsin state law by sending members of the
Wisconsin State Patrol ("WSP" or " state troopers") to locate Democratic Senate Leader Matt
Miller.

As you are no doubt aware, Republicans in the Wisconsin state Senate asked the state
troopers to locate Sen. Miller after he and other Democratic senators left the state on February 17th
to delay passage of a Republican bill to strip public sector workers of their collective bargaining
rights and deny them certain compensation and benefits.' Wisconsin Senate Majority Leader Scott
Fitzgerald said he asked Governor Scott Walker to send troopers to Sen. Miller's home to send a
message to the lawmaker." Governor Walker agreed to dispatch the officers.' Video of a state
trooper and another man , presumably Senate Sergeant-At-Arms Ted Blazel, arriving and knocking
on the door of Sen. Miller's home is available on the Internet."

Interestingly, the Superintendent of the WSP is Stephen Fitzgerald, the father of Senate
Majority Leader Fitzgerald and Assembly Speaker Jeff Fitzgerald.' Superintendent Fitzgerald

1 Scott Bauer, Troopers Sent After Wisconsin Democratic Leader - With a Message,

Chicago Sun-Times, February 19,2011.

Wisconsin Senate Republicans Send State Trooper After Democratic Leader Mark Miller,
2

Associated Press, February 18,2011 (available at

http: //www.postcrescent.com/article/20 11 0218/APCO 10 1/110218046/Wisconsin-Senate-Republica
ns-send-state-trooper-after-Democratic-leader-Mark-Miller).

3 Id.

4 http ://www.youtube.com/watch?v=pihlr17nwbM.

5 Mary Spicuzza, Top Lawmaker's Father Stephen Fitzgerald to Lead State Patrol,

Wisconsin State Journal, February 8, 2011.

1400 Eye Street, NW , Suite 450, Wa shington, D.C. 20005 I 202.408.5565 phone I 202.588.5020 fax www.citizensforethics.org
,~ ,
Government Accountability Board
February 23,2011
Page Two

assumed leadership of the WSP on February 14,2011, only three days before his son asked the
governor to send in the troopers."

By sending members of the WSP to send a message to Sen. Miller, Governor Walker
overstepped his authority and violated the law. First, according to its website, the WSP "enforces
traffic and criminal laws; helps motorists in need; inspects trucks, school buses and ambulances;
and helps local law enforcement agencies with natural disasters or civil disturbances."? Nothing in
the agency's mission indicates WSP officers may be sent on political errands by the governor or
members of the state legislature. In fact, Wisconsin law is quite specific about the occasions upon
which the governor may call upon the WSP. For instance:

If the governor determines that a condition of civil disorder or a threat to the safety
of persons on state property or damage or destruction to state property exists, he or
she may, without declaring an emergency, call out the state traffic patrol or the
conservation warden service or members of that patrol or service for use in
connection with the threat to life or property."

Even this provision, however, is limited:

If the governor calls out the state traffic patrol or conservation warden service, or
members of the patrol or service, under s. 323.12(2)(c), the state traffic patrol
officers or conservation wardens subject to the call shall have the powers of a law
enforcement officer for the duration determined by the governor, except that the
officers and wardens may not be used in or take part in any dispute or controversy
between an employer and employee concerning wages, hours, labor, or working
conditions."

As all parties freely admit, the legislation at the heart of the current controversy is Senate
Bill 11. The bill, drafted by the non-partisan Legislative Reference Bureau, includes a summary,
which provides that, among other things, the act relates to "compensation and fringe benefits of
public employees?'?

6 See id.

7 http://www.dot.wisconsin.gov/about/structure/dsp.htm.

8 Wis. Stat. § 323.l2(2)(c) (2011).

9 Wis. Stat. § 323.17 (2011).

10 Senate Bill 11, State of Wisconsin 2011-2012 Legislature, January 2011 Special Session,
February 14,2011 (available at http://legis.wisconsin.govIJR1SB-11.pdf).
Government Accountability Board
February 23, 2011
Page Three

Thus , the facts make clear that Governor Walker has used the state troopers in a dispute
between an employer - the state of Wisconsin - and employees - public employees of the state of
Wisconsin. Therefore, calling upon the troopers to assist the governor and the Senate Republicans
to obtain the presence of Sen. Miller and other Democratic senators to end an employment dispute
is a blatant violation of Wisconsin law.

The Government Accountability Board has jurisdiction over violations of the Wisconsin
Code of Ethics for Public Officials. II Under the code , " [n]o state public official may use or attempt
to use the public position held by the public official to influence or gain unlawful benefits,
advantages or privileges personally or for others. ?" By abusing his position as governor to ask the
WSP to send a message to Sen. Miller , Governor Walker obtained an unlawful benefit - the use of
the troopers - in an effort to gain an advantage in his wage dispute with the state 's public
employees. Further, it appears that Senate Majority Leader Scott Fitzgerald and Wisconsin State
Patrol Superintendent Stephen Fitzgerald may have conspired with the governor to unlawfully send
state troopers after Sen. Miller, providing the governor with an unlawful benefit.

While Governor Walker and Majority Leader Fitzgerald may have legitimate political and
policy concerns, those concerns do not allow them to violate the law by forcing state troopers to
illegally intervene in an employment dispute with political overtones. As many across the nation
watch the political gamesmanship in Wisconsin, the Government Accountability Board must act
quickl y and firmly to ensure all Americans that the abuse of law enforcement authority will not be
tolerated and that even powerful political officials are not above the law.

Me anie Sloan
Executive Director

cc: Honorable J.B. Van Hollen

Wisconsin Attorney General

II http://gab.wi.gov/complaints.

12 Wis. Stat. § 19.45(5) (2011).