August 23, 2011

'OML convenient to my rhetorical purposes today.'

The [Greenfield public school] board felt it could not change the location because of requirements of the open meetings law which, of course, requires notice of a meeting's location.
True. "Every public notice of a meeting of a governmental body shall set forth the time, date, place and subject matter of the meeting." Now please have a look to the two words at the immediate left of "place."

As a matter of law, each item in that list of requirements is equally as compelling. And, as the Open Meetings Law goes on to admonish:

"[S]horter notice [than 24 hours] may be given, but in no case may the notice be provided less than 2 hours in advance of the meeting."

Meet Marquette Prof. Rick Esenberg, your picker of the legal cherries.

Speaking of which, check out this blog post of Esenberg's, where he begins quoting the Wisconsin election bribery statute halfway through it:
The statute prohibits providing a thing of value "to, or for, any elector, or to or for any other person, in order to induce any elector to ... [g]o to or refrain from going to the polls."
Which, again, is true. The statute does prohibit the said providing. However, the statute in its entirety prohibits more than just providing:
[Any person who] [o]ffers, gives, lends or promises to give or lend, or endeavors to procure, anything of value, or any office or employment or any privilege or immunity to, or for, any elector, or to or for any other person, in order to induce any elector ...
Esenberg simply ignores all the rest, which I guess you can get away with in a Blogspot post, but he sure wouldn't get away with it anywhere else.

Here's a link to the statute, which Esenberg doesn't, er, provide, either.

If any of the complaints lodged against various entities alleging various electioneering shenanigans have any merit, it's the one lodged against Wisconsin Right to Life and its $75 voucher cards, the same complaint Prof. Esenberg was busily spinning in a deliberately misleading fashion.

Because what's at issue is the offering and the promising.

Meanwhile our local daily newspaper, the Milwaukee Journal-Sentinel, continues to "provide" Prof. Esenberg as a disinterested academic.

Get real.


Anonymous said...

Appropos of nothing, could one really expect Thomas Nardelli to last 4 years +/-? (see jsonline-"Nardelli abruptly quits state job". A Milwaukee/Madison commute for a guy who is nearly 70--ouch--that would take its toll. Now, the prospect of a daily rail option might have helped, as even $90k/year must not be enough. But Randy Hopper is local, and available, so probably an option.

illusory tenant said...

I honestly don't know the first thing about Nardelli.

"Nardelli said an ongoing John Doe investigation that included prosecutors' seizure of work computers of at least two former county staffers of Walker's had nothing to do with his resignation from his state job. Nardelli said he had not been questioned in the probe, which began more than a year ago."

But I'm interested to see how that plays out.