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Walker budget-repair bill unconstitutional, Milwaukee city attorney says
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| Contributor | Homegrown Democrat |
| Last Edited | Homegrown Democrat Mar 02, 2011 03:48am |
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| Category | Proposed Legislation |
| Author | Steve Schultze |
| Media | Newspaper - Milwaukee Journal Sentinel |
| News Date | Tuesday, March 1, 2011 09:00:00 AM UTC0:0 |
| Description | Gov. Scott Walker's budget-repair bill provisions requiring workers to pay 5.8% of their salary toward pension costs is unconstitutional, according to Milwaukee City Attorney Grant Langley.
Langley states in a 15-page opinion released Monday that the bill doesn't pass constitutional muster for three reasons.
It interferes with the city's home-rule authority over its pension plan; it violates employees' contractual rights; and the bill would violate workers' due process rights because it would violate terms of the city's global pension settlement with city workers from a decade ago.
Langley writes that because of a large body of case law striking down pay cuts that violate union contracts, "it is highly unlikely that the courts would uphold proposed (budget-repair law) on this ground."
Langley was responding to a request by Ald. Joseph Dudzik. |
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