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Walker’s Act 10 police protection costs taxpayers big

By   /   January 31, 2013  /   News  /   7 Comments

BUDDIES: Gov. Scott Walker, right, is seen shaking hands with law enforcement officials following a 2011 news conference in Madison, Wisc.. (AP file photo)


By M.D. Kittle |Wisconsin Reporter

MADISON — To most conservatives with a penchant for reining in public-sector spending, Scott Walker is the man.

The Republican governor picked up a lot of conservative street cred at home and across the country for his Act 10, the law that gutted collective bargaining for most unionized public employees, limiting wage negotiations to the rate of inflation and demanding government workers chip in 5.8 percent of their paychecks to their pensions.

By many estimates, Act 10 garnered taxpayer savings well north of $1 billion. A Legislative Fiscal Bureau report projected the law’s pension contribution provision alone would save the state’s school districts more than $567 million over 2011-12 biennium, not including health insurance savings.

“This was a huge leap to take. It was the most politically courageous move to take on the subject of pension reform anywhere to date,” said Rae Ann McNeilly, executive director of Taxpayers United of America,  a Chicago-based pension reform advocacy group.

But in the words of pop diva Adele’s Grammy Award-winning monster hit, “Rolling in the Deep,” Act 10 proponents and non-government state taxpayers could have had it all.

Something missing

Walker’s bold pension reforms did not extend to public safety employees in the state — local police, firefighters and state troopers in particular. Those first responders effectively got a pass on Act 10, exempted from the pension clause, among other provisions.

And that omission has cost taxpayers tens of millions of dollars.

The Fiscal Bureau’s projections on Act 10 also looked at the amount local “protective occupation employees” would have paid over the past two years, had they been required to contribute to their pensions. The analysis also attempted to capture the costs associated with future public safety employee contracts, subject to change because of the status quo collective bargaining powers of those unions.

Including firefighters in special districts, the analysis projected the state would miss out on at least $62.7 million in savings. That’s money that could have gone to put more first responders on the street, perhaps making furloughs and job cuts unnecessary. Or the money could go back to the taxpayer.

The fiscal bureau analysis did not include state protective occupation employees, such as state troopers and motor safety inspectors.

University of Wisconsin police, conservation wardens, special criminal investigators for the state Department of Justice, for instance, did not receive dispensation from Walker and majority Republicans in Act 10.

Favoritism Act

Democrats and unions have hammered the governor on what they saw as a thinly veiled quid pro quo, accusing Walker of rewarding the police and fire unions that supported then-candidate Walker in his 2010 run for governor.

WALKER’S WRONG: Neuenfeld says Walker has violated the rights of unionized public-sector employees in Wisconsin.

“Not only have Scott Walker and his deep-pocketed corporate allies sought to silence the voices of Wisconsin workers, they have also violated those workers’ constitutional rights,”  Phil Neuenfeldt, Wisconsin State AFL-CIO said in a statement at the time. “Scott Walker has created two classes of public sector workers and that is unconstitutional. When a legislature discriminates among classes of workers, especially when doing so has more to do with political payback than with any legitimate reasoning, the law has been violated.”

Walker has called the favoritism charge “ridiculous,” and there seems some countering evidence against the unions’ argument. The state’s biggest police and firefighter unions, the Wisconsin Professional Police Association and Wisconsin Professional Firefighters Association, threw their support behind Democrat and Milwaukee Mayor Tom Barrett in the 2010 gubernatorial campaign. Walker also trounced Barrett in last summer’s gubernatorial recall election, a campaign fueled by union animus over Act 10..

Several unions joined forces in suing Walker and others, arguing Act 10 creates separate classes and that it violates equal-protection and free-speech clauses in the U.S. Constitution.

Walker and his fellow defendants have argued the law’s public safety employee exemption was added to avert a breakdown of “essential public services.”

A recent appeals court decision, on a 2-to-1 ruling, upheld Act 10, although lower courts have sided with the unions and the successful argument of different treatment has put the law in jeopardy.

The governor’s old political foe, Barrett,  alluded to the broader problem Tuesday night during a broadcast on CNN’s “Piers Morgan Tonight.”

CUTS: Barrett says Milwaukee took cops off the streets to be able to afford its public pension payments.

Barrett, in a heated exchange with Milwaukee County Sheriff David Clarke about the sheriff’s controversial public service announcement advising citizens to consider arming themselves in these tight budgetary times, acknowledged that the city has to take police off the street to help meet a nearly $30 million contribution to the police pension fund.

“We have three furlough days so that we can make a pension payment of ($29.95 million) for our police and have no layoffs,” Barrett told Morgan.

The city of Milwaukee was scheduled to make that payment, part of about $60 million in pension payments for public employees, on Thursday.

Clarke’s department, forced to cut dozens of law enforcement position due to fiscal pressures, is served by deputies who also are not required to contribute 5.8 percent to their pensions.

“I had to lay off 42 officers last year,” Clarke told Morgan. “On top of that, there was an increasing demand of 911 calls of service going unanswered, not through any fault of the street officers but because they don’t have the proper amount of resources.”

But their pensions are paid.

Wisconsin Reporter has asked Walker’s spokesman Cullen Werwie whether the governor has or would consider ending the exemption. As of this post, Werwie had not responded.

Contact M.D. Kittle at [email protected]


M.D. Kittle is bureau chief of Wisconsin Watchdog and First Amendment Reporter for Watchdog.org. Kittle is a 25-year veteran of print, broadcast and online media. He is the recipient of several awards for journalism excellence from The Associated Press, Inland Press, the Wisconsin Broadcasters Association, and others. He is also a member of Investigative Reporters & Editors. Kittle's extensive series on Wisconsin's unconstitutional John Doe investigations was the basis of a 2014 documentary on Glenn Beck's TheBlaze. His work has been featured in Town Hall, Fox News, NewsMax, and other national publications, and his reporting has been cited by news outlets nationwide. Kittle is a fill-in talk show host on the Jay Weber Show and the Vicki McKenna Show in Milwaukee and Madison.

  • Marilyn

    Barrett also said on Morgan’s show, that he was assured that even with furloughs, there are adequate officers at any given time. Something that the writer of this article conveniently omitted.

  • Anon

    I do not understand what’s so wrong asking people to pay into their pension. It’s absurd that Police/Fire do not have to pay/pay more into their own pensions like the rest of the working class does.

  • steve michaels

    are you kidding me? with the whining just from the teachers and knowing what a battle it was going to be to get ACT 10 …giving the Democrats one more argument like….it’s harming public safety…would have been a nail in ACT 10’s coffin. What Walker did was right hopefully people will see the savings and he can do the same for the police and firefighters….in Madison. it’s small steps, the lower court liberals need a long time to digest.

  • Hilly

    I live in Wisconsin, I am one of the evil public union employees, and I am still very happy to have Walker as our Governor. He has done so much good for our state, and all Kittle can do is whine. I personally do not want to have a high turn over in the safety fields (police, fire and first responders, etc.), because you have no idea what it takes to train these individuals, and how much better off we all are when we have experienced people trying to keep us safe and save lives.

    Doyle used to take from all Wisconsin workers to give to his pet unions. Walker has taken some of the money back from the unions, and given it back to the people. He wants to reduce the amount of state taxes you pay with each pay check, and has reduced property taxes for most all home owners.

    Seems all the teaches can do is whine about what they lose, while all the rest of the state wins.

    Scott Walker ROCKS!

  • Duke

    I’m a member of a County Board in WI and our Sheriff’s Deputies agreed to pay their half of their own retirements. I have a lot more respect for them, and for their willingness to be part of the solution, than I have for our highway department employees who, citing their decades of service, believe they deserve extra pay and benefits.

    Our state retirement system in WI is probably the best in the country. It’s an easy sell, and unlike Social InSecurity, the money’s all there yet! No one should object to such a good investment.

  • Shane

    The title of this story is very missleading. Let’s remember that under Doyle taxpayers paid for this….Kittle should have reported on how Gov Walker hasbrought the state out of a deficit to surpluss! WALKER IS FOR TAXPAYERS !

  • Dave

    I’m a WI Police Officer/US Veteran/Wisconsin Air Guard guy. I would give up all my pension, my home, my very life to prevent any advance of socialism in this once great nation, starting with my State. Shame on you big government weasels. Oh, by the way, I will not support the disarming of anyone in Wisconsin. So SHOVE IT Barrett! Walker ROCKS!