Monday, February 28, 2011

Milwaukee's city attorney says budget repair bill unconstitutional

WisPolitics Budget Blog: Milwaukee's city attorney says budget repair bill unconstitutional

Langley stated, “… in our judgment, the courts would find the statue unconstitutional on three grounds: first, that it unconstitutionally interferes with and intrudes upon the city’s home-rule authority over its pension plan; second, that given certain vested rights or benefits that have accrued to employees currently in the plan, the statute would constitute an unconstitutional impairment of contract rights under the state and federal constitutions; and third, given these same vested rights or benefits, the proposed statute would violate the due process clauses of the state and federal constitutions because it would abrogate the terms and conditions of the Global Pension Settlement …”


2 comments:

Beth said...

FYI: I'm assuming this post picked up the text from via biztimes.com...
(http://www.biztimes.com/daily/2011/2/28/milwaukee-city-attorney-claims-walkers-bill-is-unconstitutional), which incorrectly quoted the legal opinion, just as your post does. The quote was "in our judgment, the courts would find the statute [NOT 'statue'] unconstitutional on three grounds..."

Mpeterson said...

Oh duh.

On the other hand, we live in a time when Statues are probably about to be declared unconstitutional as well... along with public service.

Thanks for the correction!

Mp